RFP 2024-78 - LOW-INCOME HOUSING TAX CREDIT (LIHTC), REAL ESTATE COUNSEL & BOND COUNSEL SERVICES -Final.pdf

REQUEST FOR QUALIFICATION #2024-78

FOR

LOW-INCOME HOUSING TAX CREDIT (LIHTC), REAL ESTATE

COUNSEL & BOND COUNSEL SERVICES

HOUSING AUTHORITY BOARD OF COUNTY COMMISSIONERS

TOOTIE SMITH, Chair

PAUL SAVAS, Commissioner MARK SHULL, Commissioner

MARTHA SCHRADER, Commissioner BEN WEST, Commissioner

ANN LEENSTRA, Resident Commissioner

Gary Schmidt County Administrator

Jaymi Stark

Contract Analyst

PROPOSAL CLOSING DATE, TIME AND LOCATION

DATE: October 3, 2024

TIME: 2:00 PM, Pacific Time

PLACE: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker

RFP #2024-78

FOR LOW-INCOME HOUSING TAX CREDIT (LIHTC), REAL ESTATE COUNSEL & BOND COUNSEL SERVICES Page ii

SCHEDULE

Request for Proposals Issued……..............................September 3, 2024

Protest of Specifications Deadline............................. September 10, 2024, 5:00 PM, Pacific Time

Deadline to Submit Clarifying Questions.................. September 26, 2024, 5:00 PM, Pacific Time

Request for Proposals Closing Date and Time……... October 3, 2024, 2:00 PM, Pacific Time

Deadline to Submit Protest of Award........................Seven (7) days from the Intent to Award

Anticipated Contract Start Date……........................ October 2024

TABLE OF CONTENTS

Section 1 – Notice of Request for Proposals

Section 2 – Instructions to Proposers

Section 3 – Scope of Work

Section 4 – Evaluation and Selection Criteria

Section 5 – Proposal Content (Including Proposal Certification)

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that Housing Authority of Clackamas County (“HACC”), will receive sealed Proposals per specifications until 2:00 PM, October 3, 2024 (“Closing”), to provide professional consultants to provide LIHTC Counsel, Borrower’s Counsel, Lender’s Counsel, Real Estate Counsel, and Bond Counsel Services to support a wide variety of acquisition, renovation, and new construction projects. No Proposals will be received or considered after that time.

Location of RFP documents:

RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010-00011454.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys.

Submitting Proposals: Bid Locker

Proposals will only be accepted electronically through a secure online bid submission service, Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum.

LATE PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

Contact Information Procurement Process and Technical Questions: Jaymi Stark jstark@clackamas.us

The Housing Authority Board of Clackamas County Commissioners reserves the right to reject any and all Proposals not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the Housing Authority Board of County Commissioners will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of Clackamas County and will reserve the right to award the contract to the contractor whose Proposal shall be best for the public good.

Clackamas County encourages proposals from Minority, Women, Veteran and Emerging Small Businesses.

https://oregonbuys.gov/bso/view/login/login.xhtml https://www.clackamas.us/how-to-bid-on-county-projects mailto:jstark@clackamas.us

SECTION 2

INSTRUCTIONS TO PROPOSERS

Housing Authority of Clackamas County (“HACC”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

2.1 Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

2.2 Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the Procurement Division address as listed in Section 1 of this RFP. Requests for changes must include the reason for the change and any proposed changes to the requirements. The purpose of this requirement is to permit HACC to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition. HACC will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from HACC managers, employees or agents to prospective Proposers shall bind HACC unless included in an Addendum to the RFP.

2.3 Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047- 0730. Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 1 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

2.4 Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check OregonBuys for any notices, published addenda, or response to clarifying questions.

2.5 Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall be legibly written in ink or typed and comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the HACC to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

2.6 Post-Selection Review and Protest of Award: HACC will name the apparent successful Proposer in a Notice of Intent to Award published on OregonBuys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by email, hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

HACC will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law;

thereafter, HACC may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

2.7 Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of

HACC.

2.8 Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued. This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A

SEPARATE SHEET CAPABLE OF SEPARATION FROM THE REMAINING PROPOSAL

AND MUST BE CLEARLY MARKED WITH THE FOLLOWING LEGEND:

“This information constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” (ORS 192.345). Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

2.9 Investigation of References: HACC reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. HACC may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

2.10 RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by HACC), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by HACC.

2.11 Clarification and Clarity: HACC reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

2.12 Right to Reject Proposals: HACC reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by HACC.

2.13 Cancellation: HACC reserves the right to cancel or postpone this RFP at any time or to award no contract.

2.14 Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. HACC may require an extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

2.15 Oral Presentations: At HACC’s sole option, Proposers may be required to give an oral presentation of their Proposals to HACC, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by HACC. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted; therefore, written Proposals should be complete.

2.16 Usage: It is the intention of HACC to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

2.17 Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. HACC reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived, and all others discarded.

2.18 RFP Incorporated into Contract: This RFP will become part of the Contract between HACC and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

2.19 Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with members of the Evaluation Committee or other HACC employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.

2.20 Prohibition on Commissions and Subcontractors: HACC will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly. Participation by brokers or commissioned agents will not be allowed during the Proposal process. Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the HACC. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

2.21 Ownership of Proposals: All Proposals in response to this RFP are the sole property of HACC, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

2.22 Clerical Errors in Awards: HACC reserves the right to correct inaccurate awards resulting from its clerical errors.

2.23 Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

2.24 Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of HACC has a pecuniary interest in this Proposal.

2.25 Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from HACC and potentially external representatives. HACC reserves the right to modify the Evaluation Committee make-up in its sole discretion.

2.26 Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by HACC.

2.27 Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

2.28 Intergovernmental Cooperative Procurement Statement: Pursuant to ORS 279A and LCRB, other public agencies shall have the ability to purchase the awarded goods and services from the awarded contractor(s) under terms and conditions of the resultant contract. Any such purchases shall be between the contractor and the participating public agency and shall not impact the contractor’s obligation to the HACC. Any estimated purchase volumes listed herein do not include other public agencies and HACC makes no guarantee as to their participation. Any Proposer, by written notification included with their Proposal, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. HACC grants to any and all public serving governmental agencies, authorization to purchase equivalent services or products described herein at the same submitted unit bid price, but only with the consent of the contractor awarded the contract by the HACC.

SECTION 3

SCOPE OF WORK

3.1. INTRODUCTION

The Housing Authority of Clackamas County (HACC) requests proposals from qualified professional consultants for the provision of Low-Income Housing Tax Credit (LIHTC), Bond Counsel Services, Lender and Borrower’s Counsel services, and general Real Estate Services in connection with proposed redevelopments of affordable housing. HACC has an on-going need for these types of professional services to support a wide variety of acquisition, renovation, and new construction projects.

As a result of this solicitation, HACC intends to award either a single or multiple contract(s) for the provision of these services as required over the term of the contract. The contract(s) will be for a three-year period, beginning in October, 2024.

3.2 BACKGROUND

HACC is a division of the Clackamas County Department of Health, Housing, and Human Services and is governed by a Board of Commissioners made up of the Clackamas County Board of Commissioners plus one Housing Authority Resident Commissioner. With an annual operating budget of just over $100 million, HACC maintains 2,205 Housing Choice Vouchers and 1,186 units of affordable and special needs housing.

3.2.1 Project Overview

HACC seeks to establish an indefinite-quantity contract or contracts for the provision of LIHTC, Borrower’s, Lender’s, Real Estate and Bond Counsel Services. See Section II for a description of the required services. The contract term(s) will be three-years, beginning in October 2024 with an option for extensions. Services will be ordered as needed by means of written Task Order. In the event multiple contracts are awarded, HACC will assign Task Orders based on the following criteria, which are listed in order of precedence:

1. The specific expertise of the services required matched with the Consultant.

2. Performance on previous Task Orders.

3.2.2 Task Orders

As projects proceed and LIHTC, Borrower, Lender, Real Estate, and Bond Counsel Services are required, HACC staff will contact the selected Consultant and provide a project-specific scope of work and request a cost proposal. All costs for services under this contract shall be based on established hourly rates or unit prices. Once a scope of work and cost has been finalized by HACC and the Consultant, a written Task Order will be issued authorizing the Work. Task Orders may be issued via email. Oral Task Orders will not be utilized.

3.3 SCOPE OF WORK

3.3.1. Scope:

Program Description:

In 2022, HACC adopted a repositioning plan to ensure that HACC will be able to continue to provide safe, well-maintained, and financially sustainable housing opportunities and continue to increase the number of affordable housing units in Clackamas County. This repositioning plan outlined the following objectives:

1. Apply for Section 18 and reposition all 445 units out of public housing.

2. Redevelop Hillside Park from 100 public housing units, into a 500 unit PBV community.

3. Redevelop Clackamas Heights and Oregon City View Manor from 200 public housing units to up to 250 units of Cottage Cluster Housing at the Clackamas Heights site.

4. 145 scattered site single-family homes and multi-plex units planned for disposition, with each home being sold under one of three scenarios:

- Affordable homeownership opportunities for existing residents through a land trust model

- Community-based organizations to deliver recovery-oriented services

- Private market

As these projects proceed, HACC anticipates the need for a variety of Real Estate Counsel and Bond Counsel Services and desires to establish a three-year contract with options for extensions with one or more consultants depending upon their respective area of expertise and experience

The LIHTC/Real Estate Counsel shall have specialized legal experience with Federal laws governing primarily programs of the U.S. Department of Housing and Urban Development (HUD), including but not limited to, the Rental Assistance Demonstration (RAD) program, HUD’s HOME and Community Development Block Grant (CDBG) and Section 108 programs, the Internal Revenue Service (IRS) Section 42 Low Income Housing Tax Credit (LIHTC) program, Oregon Housing and Community Services (OHCS) or other related federal, state or local programs that provide financial assistance for affordable housing development and management.

The Bond Counsel shall have specialized experience and qualifications in legal matters pertaining to the issuance of tax-exempt or taxable bonds issued for the purpose of housing, commercial or industrial development. Experience with the issuance of private activity bonds is essential.

Respondents may choose to submit a proposal for all of the categories listed above or either one of the two categories. Firms that provide both types of legal counsel may submit an application or HACC may choose to contract real estate or bond counsel from two separate firms.

3.3.2 Specific Services Requested:

Within the categories indicated above, the selected Consultant(s) will be a direct advisor to HACC throughout the entire development process. The Consultant(s) will be expected to work in partnership with HACC staff, development partner(s), if applicable, HUD representatives, OHCS representatives, HACC’s General Counsel, financial consultant, lenders, investors and other relevant project partners. HACC anticipates the specific scope of services will include the following general tasks:

HACC Issuer’s Bond Counsel:

• Experience with the issuance of private activity bonds in the State of Oregon.

• Experience with municipal securities and securities tax law.

• Review of Official Statement or Private Placement Memorandum.

• Preparation of documents required for TEFRA hearing preparation of bond documents, including indenture agreement.

• Additional “Interest” component.

• Attendance at the TEFRA Hearing and/or Board meeting approving the bond financing may be desired by HACC.

• Assistance and participation in the closing process for all financing proceeds required to issue a Notice to Proceed to the developer to begin construction.

• This firm must have represented the issuer in a minimum of fifty (50) private activity revenue bond/4% tax credit transactions.

HACC Real Estate, Borrower, Lender and Tax Counsel:

• Document preparation will include but is not limited to the following:

o Loan Agreement o Note o Deed of Trust o Regulatory Agreement, recorded against the land, requiring long-term affordability, independent of outstanding loan amounts from HACC o Inter creditor Agreement o Subordination Agreement o Document(s) necessary to secure the ORS property tax exemption for qualified low-income rental housing, which may include joint venture agreements between HACC and potential development partners o Successful creation and acceptance of Tax Opinion documents

• This attorney/firm will also represent HACC’s interests in:

o Limited Partnership Agreement, particularly as it pertains to projects with

4% or 9% Low-Income Housing Tax Credits (LIHTC) o Bond Financing Documents (this task may be deferred to bond counsel) o FHA Financing Documents o Construction/Permanent Loan Agreement, Note, Deed of Trust, Guaranty and servicing agreements, and others as appropriate

• The firm must have both experience and good working relationships with Oregon Housing and Community Services (OHCS). Preference will be given to firms that can demonstrate complex financial closings that involve OHCS and their bond counsel.

• The firm must have a successful track record of issuing Tax Opinion documentation.

• The firm must have demonstrated expertise in applying for, securing and closing Rental Assistance Demonstration (RAD) transactions.

• The firm must have demonstrated expertise in land use law, with emphasis on rezoning and land partitioning. Preference will be given to firms that have land use experience in Oregon and have capacity within the firm to assist HACC with our varied land use needs as we convert our public housing portfolio.

• The firm must have represented public agency lenders in a minimum of fifty (50) 9% or 4% LIHTC transactions.

3.3.3 Other Services:

Other Services

• Meet with HACC staff, as necessary.

• When requested, appear before the Board of Commissioners of HACC and funding partners.

• Provide other real estate development and Real Estate Counsel and Bond Counsel

Services as deemed necessary by HACC.

3.4.2. Term of Contract:

The term of the contract shall be from the effective date through June 30, 2030.

3.4.3 Sample Contract: Submission of a Proposal in response to this RFP indicates Proposer’s willingness to enter into a contract containing substantially the same terms (including insurance requirements) of the sample contract identified below. No action or response to the sample contract is required under this RFP. Any objections to the sample contract terms should be raised in accordance with Paragraphs 2.2 or 2.3 of this RFP, pertaining to requests for clarification or change or protest of the RFP/specifications, and as otherwise provided for in this RFP. This RFP and all supplemental information in response to this RFP will be a binding part of the final contract.

The applicable Sample - Personal Services Contract for this RFP can be found at https://www.clackamas.us/finance/terms.html.

Personal Services Contract (unless checked, item does not apply)

The following paragraphs of the Professional Services Contract will be applicable:

Article I, Paragraph 5 – Travel and Other Expense is Authorized Article II, Paragraph 28 – Confidentiality Article II, Paragraph 29 – Criminal Background Check Requirements Article II, Paragraph 30 – Key Persons Article II, Paragraph 31 – Cooperative Contracting

The following insurance requirements will be applicable:

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

https://www.clackamas.us/finance/terms.html

SECTION 4

EVALUATION PROCEDURE

4.1 An evaluation committee will review all Proposals that are initially deemed responsive, and they shall rank the Proposals in accordance with the below criteria. The evaluation committee may recommend an award based solely on the written responses or may request Proposal interviews/presentations. Interviews/presentations, if deemed beneficial by the evaluation committee, will consist of the highest scoring Proposers. The invited Proposers will be notified of the time, place, and format of the interview/presentation. Based on the interview/presentation, the evaluation committee may revise their scoring.

Written Proposals must be complete, and no additions, deletions, or substitutions will be permitted during the interview/presentation (if any). The evaluation committee will recommend award of a contract to the final HACC decision maker based on the highest scoring Proposal. The HACC decision maker reserves the right to accept the recommendation, award to a different Proposer, or reject all Proposals and cancel the RFP.

Proposers are not permitted to directly communicate with any member of the evaluation committee during the evaluation process. All communication will be facilitated through the Procurement representative.

4.2 Evaluation Criteria

Area Ideal Response Max Score Score Cover Letter Introduce your firm and describe your general philosophy and relevant experience for the contemplated work.

Consultant Firm Description Discuss the firm’s history, organization and size including number of staff in each work area.

Similar Project Experience Describe your firm’s relevant experience in participation and completion of multi-family affordable housing projects utilizing LIHTC, tax-exempt bonds, HUD financing, RAD transactions etc.

Total 100

4.3 Once a selection has been made, the HACC will enter into contract negotiations. During negotiation, the HACC may require any additional information it deems necessary to clarify the approach and understanding of the requested services. Any changes agreed upon during contract negotiations will become part of the final contract. The negotiations will identify a level of work and associated fee that best represents the efforts required. If the HACC is unable to come to terms with the highest scoring Proposer, discussions shall be terminated, and negotiations will begin with the next highest scoring Proposer. If the resulting contract contemplates multiple phases and the HACC deems it is in its interest to not authorize any particular phase, it reserves the right to return to this solicitation and commence negotiations with the next highest ranked Proposer to complete the remaining phases.

SECTION 5

PROPOSAL CONTENTS

5.1. Vendors must observe submission instructions and be advised as follows:

5.1.1. Proposals will only be accepted electronically through Equity Hub’s Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

5.1.2. Completed proposal documents must arrive electronically via Equity Hub’s Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

5.1.3. HACC reserves the right to solicit additional information or Proposal clarification from the vendors, or any one vendor, should the HACC deem such information necessary.

5.1.4. Proposal may not exceed a total of 25 pages (single-sided), inclusive of all exhibits, attachments, title pages, pages separations, table of contents, or other information. The Proposal Certification Page will NOT count towards the final page count.

Provide the following information in the order in which it appears below:

5.2. General

1. Cover Letter (5 points): Limit letter to a maximum of two (2) pages. Introduce your firm and describe your general philosophy and relevant experience for the contemplated work.

2. Consultant Firm Description (25 points):

a. Discuss the firm’s history, organization and size including number of staff in each work area.

b. Describe the overall staffing approach to be used in connection with this contract.

Provide information regarding staff experience and qualifications that demonstrate the respondent’s capacity to perform the required services. If the firm is multi-disciplinary, please describe the resources and skills it brings. If the firm is small or is a sole proprietorship, please describe the approach to involving 3rd party contractors for task orders requiring multiple disciplines.

c. Identify by name, title. and provide resumes of key personnel who will be assigned to work on Task Orders. Resumes should include specific information regarding experience in providing the types of services outlined in Section III of this RFQ.

d. Identify a Project Manager for the firm.

e. Provide (3) references, previous and/or current, including the name and title of the contact person, their mailing address, email address, phone number, and fax number.

3. Similar Project Experience (70 points):

Describe your firm’s relevant experience in participation and completion of multi-family affordable housing projects utilizing LIHTC, tax-exempt bonds, HUD financing, RAD transactions etc.

a. Experience in the development and implementation of long-term financial plans for public entities with income-generating real estate assets

b. Experience with tax-exempt bonds and low-income housing tax credits used to finance affordable housing and related infrastructure.

c. Predevelopment, Construction, and Permanent Financing

4. Required Forms The following forms must be fully completed and signed by the appropriate person and included in the qualifications package:

a. Lobbying Certificate – Exhibit A

b. Debarment Certificate – Exhibit B

c. Form HUD 5369-C – Exhibit C

5. Format Requirements

Submittals will only be received by the RFQ Contact via email. Please consider this format when assembling the submittal:

a. An 8.5” X 11” format, either vertical or horizontal; and

b. A font size no smaller than 10 points.

5.3. References

HACC reserves the right to investigate references including other than those listed in the response to this RFQ. Investigation may include past performance of any consultant team member with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule or on budget, and its lawful payment of subcontractors, employees, and workers. If demanded by HACC, supportive references must be furnished.

5.4. Completed Proposal Certification (see the below form)

PROPOSAL CERTIFICATION

Submitted by:

(Must be entity’s full legal name, and State of Formation)

Each Proposer must read, complete and submit a copy of this Proposal Certification with their Proposal. Failure to do so may result in rejection of the Proposal. By signature on this Proposal Certification, the undersigned certifies that they are authorized to act on behalf of the Proposer and that under penalty of perjury, the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Proposer is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS 305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Proposer to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Proposer has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Proposer or will Proposer discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST: The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County/HACC is personally interested, directly or indirectly, in any resulting contract from this RFP, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Proposer to submit this Proposal. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a proposal for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFP (including any attachments); and

2. Are an authorized representative of the Proposer, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Proposal or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFP and Proposal; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFP.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State:__________________________

Lobbying Certificate The Undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of ANY Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with THIS Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: Date:

Name:

Title:

NOTE: CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLUDE THE ABOVE

LANGUAGE IN SUBCONTRACTS OVER $100,000 AND TO OBTAIN THIS LOBBYING CERTIFICATE

FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT.

Debarment Certificate Regarding Ineligible Contractors

CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING DEBARMENT,

SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

The Lower Tier Participant (potential sub-grantee or sub-recipient under a HUD project, potential third party contractor, or potential subcontractor under a major third party contract) certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(If the Lower Tier Participant (potential sub-grantee or sub-recipient under a HUD project, potential third party contractor, or potential subcontractor under a major third party contract) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal.)

THE LOWER TIER PARTICIPANT (POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT

UNDER A HUD PROJECT, POTENTIAL THIRD PARTY CONTRACTOR, OR POTENTIAL

SUBCONTRACTOR UNDER A MAJOR THIRD PARTY CONTRACT) CERTIFIES OR

AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE

STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS

THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE

THERETO.

Signature and Title of Authorized Official

CHECK APPROPRIATE BOX:

[ ] The undersigned chief legal counsel for _ hereby certifies that has authority under State and local law to comply with the subject assurances and that the certification above has been legally made.

Signature of Participant’s Attorney

Date

[ ] Bidder or offeror does not have a chief legal counsel.

Instructions to Offerors Non-Construction

U.S. Department of Housing and Urban Development

- 03291 - Office of Public and Indian Housing

1. Preparation of Offers

(a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk.

(b) Each offeror shall furnish the information required by the solicita tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry.

Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the HA.

(c) Offers for services other than those specified will not be consid ered.

2. Submission of Offers

(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita tion number, and the name and address of the offeror.

(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice.

(c) Facsimile offers, modifications or withdrawals will not be consid ered unless authorized by the solicitation.

3. Amendments to Solicitations

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerors shall acknowledge receipt of any amendments to this solicitation by

(1) signing and returning the amendment;

(2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer,

(3) letter or telegram, or

(4) facsimile, if facsimile offers are authorized in the solicitation.

The HA/HUD must receive the acknowledgment by the time specified for receipt of o f fe rs .

4. Explanation to Prospective Offerors Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors.

5. Responsibility of Prospective Contractor

(a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Have a satisfactory performance record;

(3) Have a satisfactory record of integrity and business ethics;

(4) Have a satisfactory record of compliance with public policy

· (e.g., Equal Employment Opportunity); and

(5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of ineligible contractors are available for inspection at the HA/HUD.

(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award.

6. Late Submissions, Modifications, and Withdrawal of Offers

(a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it -

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HAI HUD that the late receipt was due solely to mishandling by the HA/HUD after receipt at the HA;

(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "Working days" excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received.

(b) Any modification of an offer, except a modification resulting from the HA's request for ''best and final" offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.

(c) A modification resulting from the HA's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the HA after receipt at the HA.

(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a hand cancellation bullseye postmark on both the receipt and the envelope or wrapper.

(e) The only acceptable evidence to establish the time of receipt at the HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.

Previous edition is obsolete page 1 of 2 form HUD-5369-B (8193)

(f) The only acceptable evidence to establish the date of…