Affordable Homeownership Fund Administrator.pdf

WASHINGTON STATE HOUSING FINANCE COMMISSION

REQUEST FOR PROPOSALS (RFP)

RFP NO. 202609ADM

NOTE: If you download this RFP from the Washington State Housing Finance Commission website, you are responsible for sending your name, address, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP amendments or bidder questions or the Commission’s answers.

PROJECT TITLE: Affordable Homeownership Revolving Construction Catalyst Fund Administrator

PROPOSAL DUE: Monday, November 02, 2026, at 5:00 pm, Prevailing Pacific Time, Seattle, WA

ESTIMATED TIME PERIOD FOR CONTRACT: December 15, 2026 – December 15, 2031

ENTITY ELIGIBILITY: This procurement is open to those entities that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

CONTENTS OF THE REQUEST FOR PROPOSALS:

1. Introduction

2. General Information for Contractors

3. Proposal Contents

4. Evaluation and Contract Award

5. RFP Exhibits

A. Certifications and Assurances B. Diverse Business Inclusion Plan

C. Workers’ Rights Certification

D. Service Contract with General Terms and Conditions

Table of Contents Page

1. Introduction 1

1.1 Purpose and Background 1

1.2 Objectives and Scope of Work 1

1.3 Minimum Qualifications 2

1.4 Funding 2

1.5 Period of Performance 2

1.6 Contracting with Current or Former State Employees 2

1.7 Definitions 2

1.8 ADA 3

2. General Information for Contractors 3

2.1 RFP Coordinator 3

2.2 Pre-Bid Conference 3

2.3 Estimated Schedule of Procurement Activities 4

2.4 Submission of Proposals 5

2.5 Proprietary Information and Public Disclosure 5

2.6 Revisions to the RFP 6

2.7 Diverse Business Inclusion Plan 6

2.8 Acceptance Period 6

2.9 Complaint Process 6

2.10 Responsiveness 7

2.11 Most Favorable Terms 7

2.12 Contract General Terms & Conditions 7

2.13 Costs to Propose 7

2.14 No Obligation to Contract 7

2.15 Rejection of Proposals 8

2.16 Commitment of Funds 8

2.17 Electronic Payment 8

2.18 Insurance Coverage 8

3. Proposal Contents 8

3.1 Letter of Submittal (Mandatory) 8

3.2 Proposal (Mandatory) 9

3.3 References (Mandatory) 9

3.4 Cost Proposal (Mandatory) 9

3.5 OMWBE Certification 9

4. Evaluation and Contract Award 10

4.1 Evaluation Procedure 10

4.2 Evaluation Criteria 10

4.3 Notification to Proposers 11

4.4 Debriefing of Unsuccessful Proposers 11

5. RFP Exhibits 12 Exhibit A – Certifications and Assurances Exhibit B – Diverse Business Inclusion Plan Exhibit C – Workers’ Rights Certification

REQUEST FOR PROPOSALS

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1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

The Washington State Housing Finance Commission (WSHFC) seeks proposals from qualified Community Development Financial Institutions (CDFIs) or similarly mission-aligned financial intermediaries to administer the Affordable Homeownership Revolving Construction Catalyst Fund (the Fund), a proposed $10 million Program-Related Investment (PRI) initiative designed to accelerate the production of affordable homeownership opportunities throughout Washington State.

The Fund will address a critical barrier facing nonprofit homeownership developers, including community land trusts, Habitat for Humanity affiliates, and other mission-driven organizations:

inadequate access to affordable and flexible predevelopment and construction financing. By providing revolving capital to these organizations, the Fund will support the timely development of affordable for-sale housing utilizing innovative off-site construction methodologies.

The purpose of the Fund is to:

• Increase the production of permanently affordable homeownership opportunities for low-and moderate-income households.

• Expand access to affordable predevelopment and construction financing for nonprofit homeownership developers.

• Accelerate housing delivery through the use of off-site construction methods, including 2D panelized and 3D modular construction.

• Promote statewide growth and capacity within Washington's off-site housing manufacturing sector.

• Create a revolving financing mechanism that recycles capital through home sales, resulting in a sustainable and scalable source of development financing.

• Leverage additional public, philanthropic, and private investment to maximize the impact of WSHFC capital.

The Commission intends to award one or more (if applicable) contracts to provide the services described in this RFP.

1.2. OBJECTIVES AND SCOPE OF WORK

The selected contractor shall serve as Fund Administrator and lender and perform the following services:

Fund Management and Administration

• Establish and administer a revolving loan fund capitalized by WSHFC.

• Develop loan policies, underwriting standards, and servicing procedures.

• Maintain financial controls, accounting systems, and reporting mechanisms.

• Coordinate regularly with WSHFC regarding compliance, performance, and strategic objectives.

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Loan Origination and Underwriting

• Market financing opportunities statewide to eligible nonprofit homeownership developers.

• Conduct borrower eligibility reviews, underwriting, risk assessment, and loan approvals.

• Provide financing for predevelopment activities, site preparation, infrastructure improvements, acquisition, development costs, and construction activities.

• Minimize financing costs and administrative burdens on nonprofit borrowers.

Portfolio Management

• Service and monitor all Fund loans.

• Ensure timely repayment upon home sale or other approved repayment events.

• Recycle repaid capital into new eligible projects.

• Monitor portfolio performance and implement risk mitigation measures.

Capital Leveraging and Partnerships

• Pursue opportunities to attract supplemental public, private, philanthropic, and impact investment capital.

• Develop partnerships with developers, local governments, lenders, and housing stakeholders.

Reporting

• Provide quarterly and annual reports documenting fund performance and outcomes.

1.3. MINIMUM QUALIFICATIONS

Interested firms must meet the following minimum qualifications:

1. Certified CDFI or mission-aligned financial intermediary with demonstrated lending authority.

2. Minimum 5 years administering loan funds and/or construction lending programs.

3. Experience serving affordable housing developers, nonprofits, or community-based organizations.

4. Capacity to lend and operate throughout Washington State.

5. Ability to provide required reporting and financial management systems.

1.4. FUNDING

The amount of funding for this proposal has not been finalized. However, The Commission anticipates capitalization of the Affordable Homeownership Revolving Construction Catalyst Fund with approximately $10,000,000 in Program-Related Investment funding. See Scope of Work attached as Attachment A for details on funding.

Respondents should propose a budget for fund administration and related services. See Cost Proposal in Section 3.5.

Any contract awarded from this procurement is contingent on funding availability.

1.5. PERIOD OF PERFORMANCE

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The period of performance of any contract resulting from this RFP is tentatively scheduled to begin December 15, 2026 and continue until December 15, 2031. Amendments extending the period of performance, if any, shall be at the sole discretion of the Commission.

The Commission reserves the right in its sole discretion to extend the contract for up to two additional five-year periods or to rebid the contract.

1.6. CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

Specific restrictions apply to contracting with current or former state or state agency employees, including the Commission employees, pursuant to chapter 42.52 of the Revised Code of Washington.

Proposers should familiarize themselves with the requirements before submitting a proposal that includes current or former state or state agency employees to ensure it complies with them.

1.7. DEFINITIONS

Definitions for the purposes of this RFP include:

Apparent Successful Contractor: The contractor selected as the entity to perform the anticipated services, subject to completion of contract negotiations and execution of a written contract.

Contractor: Individual or company whose proposal has been accepted by the Commission and is awarded a fully executed, written contract.

Commission: The Washington State Housing Finance Commission is the entity that is issuing this RFP.

Proposal: A formal offer submitted in response to this solicitation.

Proposer: Individual or company submitting a proposal to attain a contract with the Commission.

Request for Proposals (RFP): Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the community to suggest various approaches to meet the need at a given price.

1.8. ADA

The Commission complies with the Americans with Disabilities Act (ADA). Contractors may contact the RFP Coordinator to receive this Request for Proposals in Braille or on tape.

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact at the Commission for this procurement. All communication between the Contractor and the Commission upon release of this RFP shall be with the RFP Coordinator, as follows:

Name Ashley Shtikel

E-Mail Address Ashley.Shtikel@wshfc.org

Phone Number 206-678-6847 mailto:Ashley.Shtikel@wshfc.org

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Any other communication will be considered unofficial and non-binding on the Commission.

Contractors are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Contractor.

2.2. PRE-BID CONFERENCE

The optional Pre-Bid Conference is being offered consistent with the Washington State Department of Enterprise Services Supplier Diversity Policy No. POL-DES-090-06. The purpose of the optional Pre- Bid Conference is to address questions, clear up ambiguities, respond to issues or concerns, and establish a common basis for understanding the solicitation requirements. Attendance is optional.

Answers to the questions raised during the pre-bid conference and any amendments made to the solicitation document will be posted to WEBS. Bidders should only rely on written amendments issued via WEBS.

The optional Pre-Bid Conference will take place on FRIDAY OCTOBER 16, 2026, 2:00 PM Prevailing Pacific Time and last for a maximum of one hour or such shorter time if the entire hour is not needed.

Interested parties may join the optional Pre-Bid Conference via this Zoom link:

Topic: Affordable Homeownership Revolving Construction Catalyst Fund Administration Pre-Bidder Conference

Join from PC, Mac, iPad, or Android:

https://us02web.zoom.us/s/87477026955?pwd=hFPfTm8V5DEmaU4ziQ2bzN8NiOaF60.1 Passcode:480001

Phone one-tap:

+12532158782,,87477026955#,,,,*480001# US (Tacoma)

+12532050468,,87477026955#,,,,*480001# US

Join via audio:

+1 253 215 8782 US (Tacoma)

+1 253 205 0468 US

+1 669 444 9171 US

+1 669 900 9128 US (San Jose)

+1 719 359 4580 US

+1 346 248 7799 US (Houston)

+1 305 224 1968 US

+1 309 205 3325 US

+1 312 626 6799 US (Chicago)

+1 360 209 5623 US

+1 386 347 5053 US

+1 507 473 4847 US

+1 564 217 2000 US

+1 646 558 8656 US (New York)

+1 646 931 3860 US

+1 689 278 1000 US

+1 301 715 8592 US (Washington DC) 888 788 0099 US Toll Free 877 853 5247 US Toll Free Webinar ID: 874 7702 6955 https://us02web.zoom.us/s/87477026955?pwd=hFPfTm8V5DEmaU4ziQ2bzN8NiOaF60.1

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Passcode: 480001 International numbers available: https://us02web.zoom.us/u/kAwBcZeY

2.3 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Proposals Monday, October 5, 2026

Deadline to Submit Questions for Q&A (No questions will be answered prior to the Pre-Bid Conference) Friday, October 9, 2026

Pre-Bid Conference Friday October 16, 2026 at

2:00 PM PST

Answers to Q & A posted on website Friday October 23, 2026

Proposals due Monday November 2, 2026

Evaluate proposals November 3, 2026 - November 13, 2026

Conduct Interviews with finalists, if needed Week of November 16th

Announce “Apparent Successful Contractor(s)” and send notification via e-mail to unsuccessful proposers

When an Apparent Successful Contractor is determined

Deadline to request debriefing conferences (if requested) Third business day following the transmittal of the Unsuccessful Contractor

Notification

Debriefing conference (if requested) Within 3 business days of request

Negotiate contract November/December 2026

Begin contract work Dec 15, 2026

The Commission reserves the right to revise the above schedule.

2.4. SUBMISSION OF PROPOSALS

ELECTRONIC PROPOSALS:

The proposal must be received by the RFP Coordinator no later than 5:00 pm, Prevailing Pacific Time, in Seattle, Washington, on Monday November 2, 2026.

Proposals must be submitted electronically as an attachment to an e-mail to the RFP Coordinator, at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in Microsoft Word or PDF format. Zipped files cannot be used for submission of proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Contractor to the offer. The Commission does not assume responsibility for problems with Contractor’s e-mail. If the Commission email is not working, appropriate allowances will be made.

https://us02web.zoom.us/u/kAwBcZeY

COMMISSION RFP No. WSHFC# 202609ADM P a g e | 6

PROPOSALS MAY NOT EXCEED 10 (ten) PAGES IN LENGTH. This 10-page limit includes cover letters, and ALL exhibits and/or attachments (except for the following required exhibits: Certifications and Assurances (Exhibit A to this RFP), Diverse Business Inclusion Plan (Exhibit B to this RFP) and the Workers’ Rights Certification (Exhibit C to this RFP). Submissions that exceed the page limit may not be considered.

Proposals submitted by facsimile transmission will not be accepted.

Contractors should allow sufficient time to ensure timely receipt of the proposal by the RFP Coordinator. Late proposals will not be accepted and late proposers could be automatically disqualified from further consideration, unless the Commission e-mail is found to be at fault in the Commission’s sole determination. Requests for deadline extensions will not be granted.

2.5. PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

Proposals submitted in response to this competitive procurement shall become the property of the Commission and will not be returned. All proposals received shall remain confidential until the Apparent Successful Contractor is announced; thereafter, the proposals shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

Any information in the proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Contractor is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Contractor has marked as "Proprietary Information," the Commission will notify the Contractor of the request and of the date that the records will be released to the requester unless the Contractor, at Contractor’s sole expense, obtains a court order enjoining that disclosure. If the Contractor fails to obtain the court order enjoining disclosure, the Commission will release the requested information on the date specified. If a Contractor obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Commission shall maintain the confidentiality of the Contractor's information per the court order.

2.6. REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via e-mail to all individuals who have made the RFP Coordinator aware of their interest. Addenda will also be published on Washington’s Electronic Bid System (WEBS) located at https://fortress.wa.gov/ga/webs/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website. Such addenda will also be published on the Commission’s website, located at www.wshfc.org

If you downloaded this RFP from the Commission’s website located at www.wshfc.org, you are responsible for sending your name, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP addenda.

https://fortress.wa.gov/ga/webs/ http://www.wshfc.org/ http://www.wshfc.org/

COMMISSION RFP No. WSHFC# 202609ADM P a g e | 7

The Commission also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

2.7. DIVERSE BUSINESS INCLUSION PLAN

The Commission is committed to increasing opportunities for small and diverse businesses that contract with the Commission. This contract may provide opportunities for businesses working with small and diverse businesses through an Inclusion Plan. Accordingly, Responders must submit an Inclusion Plan as part of their proposal in the form at Exhibit B.

Inclusion goals are aspirational. No preference is given for inclusion plans or goals in the evaluation of proposals. While no minimum level of OMWBE certified, Veteran Owned, or Washington Small Business participation will be required as a condition for receiving an award, the plan must include the actions the Contractor will take to increase subcontracting opportunities for those business types. The Commission currently considers Responders non-responsive if they fail to submit an inclusion plan.

2.8. ACCEPTANCE PERIOD

Proposals must provide 60 days for acceptance by the Commission from the due date for receipt of proposals.

2.9. COMPLAINT PROCESS

Vendors may submit a complaint to the Commission based on any of following:

a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation process is unfair; or

c) The solicitation requirements are inadequate or insufficient to prepare a response.

A complaint may be submitted to the Commission at any time prior to 5 days before the bid response deadline. The complaint must meet the following requirements:

a) The complaint must be in writing;

b) The complaint must be sent to the RFP coordinator in a timely manner;

c) The complaint should clearly articulate the basis for the complaint; and

d) The complaint should include a proposed remedy.

The RFP coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Executive Director of the Commission will be notified of all complaints and will be provided with a copy of the Commission’s response. The complaint may not be raised again during the protest period. The Commission’s action or inaction in response to the complaint will be final. There will be no appeal process.

2.10. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Contractor is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive.

The Commission also reserves the right at its sole discretion to waive minor administrative irregularities.

2.11. MOST FAVORABLE TERMS

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The Commission reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Contractor can propose. There will be no best and final offer procedure. The Commission reserves the right to contact a Contractor for clarification of its proposal.

2.12. CONTRACT GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit D. In no event is a Contractor to submit its own standard contract terms and conditions in response to this solicitation. The Contractor may submit exceptions as allowed in the Certifications and Assurances form, Exhibit A to this solicitation. All exceptions to the contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. The Commission will review requested exceptions and accept or reject the same at its sole discretion.

This RFP and the Apparent Successful Contractor’s proposal will be incorporated into the contract resulting from this RFP.

2.13. COSTS TO PROPOSE

The Commission will not be liable for any costs incurred by the Contractor in preparation of a proposal submitted in response to this RFP, travel to or conduct of a presentation, or any other activities related to responding to this RFP

2.14. NO OBLIGATION TO CONTRACT

This RFP does not obligate the Commission to contract for services specified herein.

2.15. REJECTION OF PROPOSALS

The Commission reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

2.16. COMMITMENT OF FUNDS

The Executive Director of the Commission or his delegee is the only individual who may legally commit the Commission to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.17. ELECTRONIC PAYMENT

The Commission prefers to utilize electronic payments in its transactions. The successful contractor will be provided a form to complete with the contract to authorize such payment method.

2.18. INSURANCE COVERAGE

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. Standard insurance requirements are included in Section 5 of the special terms and conditions within the sample contract attached as Exhibit D.

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Within ten business days of notification of an award, the Apparent Successful Contractor will be required to furnish the Commission with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth within the contract.

3. PROPOSAL CONTENTS

Proposals must be written in English and submitted electronically to the RFP Coordinator in the order noted below:

1. Letter of Submittal, including signed Certifications and Assurances (Exhibit A to this RFP)

2. Proposal

3. References

4. Cost Proposal

5. Diverse Business Inclusion Plan (Exhibit B to this RFP)

6. Workers’ Rights Certification (Exhibit C to this RFP)

Items marked “mandatory” must be included as part of the proposal for the proposal to be considered responsive.

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Contractor to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Contractor and any proposed subcontractors:

A. Name, address, principal place of business, telephone number, and e-mail address of legal entity or individual with whom contract would be written.

B. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.)

C. Legal status of the Contractor (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists.

D. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue. If the Contractor does not have a UBI number, the Contractor must state that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

3.2. PROPOSAL (MANDATORY)

The Proposal must contain a comprehensive description of services including the following elements:

Proposal Requirements: Interested parties should submit proposals addressing the following:

1. Overview of the firm’s experience and qualifications relevant to the minimum qualifications listed above.

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2. Demonstrated lending expertise, , ability to deploy and recycle capital effectively, support for affordable homeownership, and capacity to leverage additional investment.

3. Qualifications and expertise of key personnel assigned to this project.

4. Proposed timeline and deliverables for grant administration activities.

3.3. REFERENCES (MANDATORY)

List names, addresses, telephone numbers, and e-mail addresses of three (3) business references for the Contractor, preferably for contracts the Contractor has performed in the last five years, if any, and three (3) business references for the lead staff person for whom work has been accomplished and briefly describe the type of service provided. Do not include current Commission staff as references.

By submitting a proposal in response to this Work Request, the vendor and team members grant permission to the Commission to contact these references and others, who from the Commission’s perspective, may have pertinent information. The Commission may or may not, at the Commission’s discretion, contact references.

3.4. COST PROPOSAL (MANDATORY)

The evaluation process is designed to award this procurement not necessarily to the Contractor of least cost, but rather to the Contractor whose proposal best meets the requirements of this RFP.

However, Contractors are encouraged to submit proposals which are consistent with state government efforts to conserve state resources.

Identification of Costs. Identify all costs to be charged to the Commission or borrower for performing the services necessary to accomplish the objectives of the contract. Breakout costs separately for each scope being proposed. The Contractor is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. Contractors are required to collect and pay Washington state sales and use taxes, as applicable.

Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises.

3.5. OMWBE CERTIFICATION (OPTIONAL)

Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) if certified minority-, women-, veteran-owned, or small business firm(s) will be participating on this project. For more information please visit:

http://www.omwbe.wa.gov.

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team(s), to be designated by the Commission, which will determine the ranking of the proposals.

The Commission, at its sole discretion, may elect to invite the top-responding firms as finalists for an oral presentation.

http://www.omwbe.wa.gov/

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The Commission, at its sole discretion, may award the contracts without an oral presentation.

The RFP Coordinator may contact the Contractor for clarification of any portion of the Contractor’s proposal.

4.2. EVALUATION CRITERIA

Proposals will be evaluated based on the following criteria:

• Organizational Experience and Qualifications.

• Fund Administration and Lending Experience and Approach.

• Program Impact and Alignment with Fund Goals

• Capital Leveraging and Partnership Development.

• Organizational Capacity and Staffing.

• Cost-effectiveness and Overall Value to WSHFC.

In addition to the items above, the Commission may give weight to proposals from firms which certify that they do not require their employees to sign an individual arbitration clause as a condition of employment (see Exhibit C).

The Commission reserves the right to award the contract to the Contractor whose proposal is deemed to be in the best interest of the Commission and the state of Washington.

4.3. NOTIFICATION TO PROPOSERS

The Commission will notify the Apparently Successful Bidder of their selection in writing upon completion of the evaluation process. Individuals or firms whose proposals were not selected for further negotiation or award will be notified separately by e-mail.

4.4. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any Contractor who has submitted a proposal and been notified that they were not selected for the contract award may request a debriefing. Debriefing requests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Seattle, Washington, on the third business day following the transmittal of the Unsuccessful Contractor Notification.

Discussion at the debriefing conference will be limited to the following:

• Evaluation of the firm’s proposal;

• Critique of the proposal based on the evaluation;

Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted at the Commission’s discretion in person, virtually or on the telephone and will be scheduled for a maximum of one hour.

5. RFP EXHIBITS

Exhibit A – Certifications and Assurances

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Exhibit B – Diverse Business Inclusion Plan

Exhibit C – Workers’ Rights Certification Exhibit D - Form of Contract

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the Commission without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington or state agency including the Commission whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity.

If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document.

5. I/we understand that the Commission will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the Commission, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not be knowingly disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

9. I/we grant the Commission the right to contact references and others who may have pertinent information regarding the ability of the Contractor and the lead staff person to perform the services contemplated by this RFP.

10. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

We (check one):

☐ are submitting proposed Contract exceptions. (See Section 2.12, Contract and General Terms and Conditions.) If Contract exceptions are being submitted, I/we have attached them to this form.

☐ are not submitting proposed Contract exceptions (default if neither are checked).

On behalf of the Contractor submitting this proposal, my signature below attests to the accuracy of the above statement as well as my authority to bind the submitting organization.

Signature of Proposer Date

Printed Name Title

EXHIBIT B

DIVERSE BUSINESS INCLUSION PLAN

1. Status of Firm or Use of Subcontractors

Do you anticipate using, or is your firm, a State Certified Minority Business? Y/N Do you anticipate using, or is your firm, a State Certified Women’s Business? Y/N Do you anticipate using, or is your firm, a State Certified Veteran Business? Y/N Do you anticipate using, or is your firm, a Washington State Small Business? Y/N

2. If you answered No to all of the questions above, please explain:

3. Please describe approaches your firm is taking to advance diversity, equity, and inclusion within your firm.

4. If your answer to (1) above was Yes to any of the questions, please list the approximate percentage of work to be accomplished by each group:

Minority __% Women __% Veteran __% Small Business __%

5. Please identify the person in your organization who will manage your Diverse Inclusion Plan responsibility:

Name: __________________ Phone: __________________ E-Mail: __________________

EXHIBIT C

CONTRACTOR CERTIFICATION

EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS

WASHINGTON STATE GOODS & SERVICES CONTRACTS

Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), the Washington State Housing Finance Commission is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

Solicitation No.: ________

I hereby certify, on behalf of the firm identified below, as follows (check one):

NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE

ACTION WAIVERS FOR EMPLOYEES. This firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE

ACTION WAIVERS FOR EMPLOYEES. This firm requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

This firm certifies it has no employees.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein.

FIRM NAME: __________________________________________________________

Name of Contractor/Bidder – Print full legal entity name of firm

By: ____________________________ Signature of authorized person

Title: ____________________________ Title of person signing certificate

Date: ___________________________

Printed Name

Place: ____________________________ Print city and state where signed

Return Contractor Certification to Procurement Coordinator as part of your complete response.

ii

EXHIBIT D - FORM OF CONTRACT

Table of Contents Page

1. Contract Management 2

2. Compensation 2

3. Billing Procedures and Payment 2

4. Subcontractor Data Collection 3

5. Insurance 3

6. Order of Precedence 4

7. Definitions 4

8. Access to Data 5

9. Advance Payment Prohibited 5

10. All Writings Contained Herein 5

11. Amendments 5

12. Americans with Disabilities Act 5

13. Assignment 5

14. Attorney Fees 5

15. Confidentiality/Safeguarding of Information 5

16. Conflict of Interest 6

17. Copyright 6

18. Disputes 7

19. Duplicate Payment 7

20. Governing Law and Venue 7

21. Indemnification 7

22. Independent Capacity of Contractor 8

23. Industrial Insurance Coverage 8

24. Laws 8

25. Licensing, Accreditation and Registration 8

26. Limitation of Authority 8

27. Noncompliance with Nondiscrimination Laws 8

28. Pay Equity 8

29. Political Activities 9

30. Publicity 9

31. Recapture 9

32. Records Maintenance 9

33. Registration with Department of Revenue 9

34. Right of Inspection 10

35. Savings 10

36. Severability 10

37. Site Security 10

38. Subcontracting 10

39. Survival 10

40. Taxes 10

41. Termination for Cause 10

42. Termination for Convenience 11

43. Termination Procedures 11

44. Treatment of Assets 12

45. Nondiscrimination 12

46. Waiver 13 Attachment A – Scope of Work

FACE SHEET

Contract Number: <Insert Number>

Washington State Housing Finance Commission <Insert Program(s) and/or Project(s)>

1. Contractor 2. Contractor Doing Business As (optional)

<Insert legal name> <Insert mailing address> <Insert physical address> <Insert location>

<Insert DBA name> <Insert DBA mailing address> <Insert DBA physical address> <Insert DBA location>

3. Contractor Representative 4. COMMISSION Representative

<Insert name> <Insert title> <Insert phone> <Insert FAX> <Insert e-mail>

<Insert name> <Insert title> <Insert phone> <Insert FAX> <Insert e-mail>

<Insert mailing address> <Insert physical address> <Insert location>

5. Contract Amount 6. Funding Source 7. Start Date 8. End Date

<Insert $ amount> Federal: State: X Other: N/A: <Insert date> <Insert date>

9. Federal Funds (as applicable) <Insert $ amount>

Federal Commission’s:

<Insert name>

CFDA Number

<Insert number>

10. Tax ID # 11. SWV # 12. UBI # 13. UEI # <Insert number> <Insert number> <Insert number> <Insert number>

14. Contract Purpose

<Briefly describe contract purpose>

The Washington State Housing Finance Commission, defined as the Commission, and the Contractor, as defined above, acknowledge, and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” - <insert title>, Attachment “B” – <insert title>, Attachment “C” – <insert title>, <etc.>

FOR CONTRACTOR FOR THE COMMISSION

<insert name>, <insert title>

Date

<insert name>, <insert title>

Date

Last revision 10/13/2020

GENERAL TERMS AND CONDITIONS

SERVICES CONTRACT

STATE FUNDS

1. CONTRACT MANAGEMENT

The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract.

The Representative for the Commission and their contact information are identified on the Face Sheet of this Contract.

The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract.

2. COMPENSATION

The Commission shall pay an amount not to exceed __or the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms:

EXPENSES

Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by the Commission as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $0, which amount is included in the Contract total above.

Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates.

3. BILLING PROCEDURES AND PAYMENT

The Commission will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for the Commission [not more often than monthly.]

The invoices shall describe and document, to the Commission's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 202609ADM. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.

Payment shall be considered timely if made by the Commission within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor.

The Commission may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract.

No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by the Commission.

Invoices and End of Fiscal Year

Invoices are due on the 20th of the month following the provision of services.

Final invoices for a state fiscal year may be due sooner than the 20th and the Commission will provide notification of the end of fiscal year due date.

The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date.

Duplication of Billed Costs

The Contractor shall not bill the Commission for services performed under this Agreement, and the Commission shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service.

Disallowed Costs

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors.

The Commission may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by the Commission of the final report or completion of the project.

4. SUBCONTRACTOR DATA COLLECTION

Contractor will submit reports, in a form and format to be provided by the Commission and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier.

5. INSURANCE

The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages, or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Failure to maintain the required insurance coverage may result in termination of this Contract.

The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the Commission, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall provide the Commission thirty (30) calendar days’ advance notice of any insurance cancellation, non-renewal, or modification.

The Contractor shall submit to the Commission within fifteen (15) calendar days of the Contract start date OR a written request by the Commission, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, if required or requested, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section.

The Contractor shall provide, at the Commission’s request, copies of insurance instruments or certifications from the insurance issuing the Commission’s. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that the Commission will be provided thirty (30) days’ advance written notice of cancellation.

The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows:

Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned, or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage.

Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy.

Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss:

A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Commission as beneficiary.

B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary.

6. ORDER OF PRECEDENCE

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

• Applicable federal and state of Washington statutes and regulations

• Special Terms and Conditions

• General Terms and Conditions

• Attachment A – Scope of Work and Funding Details

• Any other attachments incorporated by reference on the Face Sheet

7. DEFINITIONS

As used throughout this Contract, the following terms shall have the meaning set forth below:

A. “Authorized Representative” shall mean the Executive Director and/or the designee authorized in writing to act on the Director’s behalf.

B. “The Commission” shall mean the Washington State Housing Finance Commission.

C. “Contract” or “Agreement” means the entire written agreement between the Commission and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail transmission of a signed copy of this contract shall be the same as delivery of an original.

D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor.

E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers.

F. ”State” shall mean the state of Washington.

G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.

8. ACCESS TO DATA

In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under this Contract to the…