SOLICITATION.pdf

State of South Carolina

Request for Qualifications

(RFQ)

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

5400024609 12/16/2022

KELLY COBIAN

803-896-8694 kelly.cobian@schousing.com

DESCRIPTION: QUALIFIED PROVIDERS LIST FOR LIHTC MARKET STUDIES

USING GOVERNMENTAL UNIT: SC State Housing Finance & Development Authority

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: _procurement@schousing.com

SUBMIT OFFER BY (Opening Date/Time): January 23, 2023 10:00 AM ET.(See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: January 5, 2023 12:00 PM ET (email questions to kelly.cobian@schousing.com )

NUMBER OF COPIES TO BE SUBMITTED: 1 submission of all required documents listed throughout this solicitation.

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION: Not Applicable

AWARD &

AMENDMENTS

The Approved Market Study Provider List will be posted on January 31, 2023. The approved Qualified Provider List, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your application. By signing, You agree to be bound by the terms of the Solicitation.

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov )

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

Sole Proprietorship Partnership Other

Corporate entity (not tax-exempt) Corporation (tax-exempt) Government entity (federal, state, or local) mailto:kelly.cobian@schousing.com mailto:_procurement@schousing.com mailto:kelly.cobian@schousing.com http://www.procurement.sc.gov/

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.)

(See "Payment" clause)

Payment Address same as Home Office Address Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

Order Address same as Home Office Address Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

PREFERENCES - A NOTICE TO VENDORS (MODIFIED): PREFERENCES ARE NOT APPLICABLE TO THIS

SOLICITATION.

Table of Contents

SECTION I. SCOPE OF SOLICITATION ................................................................................................... Error!

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SECTION II.A. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

SECTION II.B. INSTRUCTIONS TO OFFERORS - B. SPECIAL INSTRUCTIONS

SECTION III. SCOPE OF WORK/SPECIFICATIONS

SECTION IV. INFORMATION FOR OFFERORS TO SUBMIT

SECTION V. QUALIFICATIONS

SECTION VI. AWARD CRITERIA

SECTION VII.A. TERMS AND CONDITIONS- A. GENERAL

SECTION VII.B. TERMS AND CONDITIONS- B. SPECIAL

SECTION VII. C TERMS AND CONDITIONS – C. SPECIAL- SC Housing

SECTION VIII. BIDDING SCHEDULE/PRICE-BUSINESS PROPOSAL

SECTION IX. ATTACHMENTS TO SOLCITATION

I. SCOPE OF SOLICITATION

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (MODIFIED)

The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions.

To meet the objectives of the Low-Income Housing Tax Credit Program (LIHTC), Section 42(m)(1)(A)(iii) of the Internal Revenue Code of 1986, as amended, (the "Code”), as administered by the SC State Housing Finance and Development Authority (SC Housing), all LIHTC Applicants must provide an independent third-party market study for their proposed LIHTC development as part of the any LIHTC funding cycle. Only market studies prepared by SC Housing approved Qualified Providers List will be accepted. In order to be an approved provider on SC Housing’s list, you must respond to this Request for Qualifications as outlined below. Previously Qualified Providers are exempt from submitting a Market Study (see section IV. Information for Offerors to Submit, for more information).

NOTE: No money shall be paid by SC Housing to Qualified Providers. All agreements between LIHTC applicants and Qualified Providers shall be independent of this solicitation.

MAXIMUM EFFECTIVE PERIOD - ESTIMATED (MODIFIED)

The Qualified Provider List (market study) is estimated to begin January 31, 2023 and is estimated to end January 30, 2028. Dates provided are estimates only, and may be shortened based upon the needs of the state. Any resulting Approved Market Study Provider List will begin on the date specified in the notice of award.

The effective period for the Qualified Providers List shall be for five (5) years, unless the state determines otherwise.

NOTE: Current qualified providers may continue to provide market study services until a new Qualified Providers List is published (estimated to be published January 31, 2023). However, current qualified providers must respond to this solicitation in order to re-apply to be included on the soon to be newly issued Qualified Providers List.

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (MODIFIED)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

AMENDMENT means a document issued to supplement the original solicitation document.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

BENIFICIARY CLASSES means individuals or families whose gross annual income falls within the low or moderate-to-low income limits as defined by State and Federal legislation BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)] CONTRACTOR means the Offeror receiving an award as a result of this solicitation.

COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.

OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer.

OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

YOU and YOUR means Offeror.

QUALIFIED PROVIDERS LIST means the published document, resulting from this solicitation, which LIHTC applicants are required to use.

SOLICITATION means this document, including all its parts, attachments, and any Amendments.

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.

US or WE means the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as "Statewide Term Contract," the phrase "Using Governmental Unit" means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation. Reference the clauses titled "Purchase Orders" and "Statewide Term Contract."

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract.

[02-2A003-3]

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1]

AUTHORIZED AGENT (MODIFIED)

All authority regarding this procurement is vested solely with the responsible Procurement Officer unless specifically delegated in writing.

QUALIFIED PROVIDERS LIST NOTIFICATION (MODIFIED)

Notice regarding the Approved Market Study Provider List will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award.

APPLICATION AS OFFER TO CONTRACT (MODIFIED)

By submitting your application, you are offering to enter into an agreement with the Using Governmental Unit(s). Without further action by either party, an agreement shall result upon final acceptance of your application. The published statement of award will be formed with the entity identified as the Offeror on the Cover Page and all terms and conditions of this solicitation shall apply. An application may be submitted by only one legal entity; “joint applications” are not allowed.

BID ACCEPTANCE PERIOD (MODIFIED)

In order to withdraw Your application to be included as a Qualified Provider You must notify the Procurement Officer in writing.

APPLICATIONS ACCEPTED IN ENGLISH (MODIFIED)

Applications submitted in response to this solicitation shall be in the English language.

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (MODIFIED)

(a) (1) In submitting an application the Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default.

CODE OF LAWS AVAILABLE (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php

The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php [02-2A040-2]

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)

You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competing for inclusion on the Qualified Providers List and any actual or potential conflicts of interest that may arise from your participation in this competition or your inclusion on the Qualified Providers List. The two underlying principles are

(a) preventing the existence of conflicting roles that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award.

Before withholding award on these grounds, an offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either. [02-2A047-2]

DEADLINE FOR SUBMISSION OF OFFER (MODIFIED)

Any application received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected. After the initial opening, those who wish to apply may submit applications according to the dates listed in Section VI, Applications Received After Award.

DRUG FREE WORK PLACE CERTIFICATION (MODIFIED)

By applying to be named as a Qualified Provider, Contractor certifies that he/she/they will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.

DUTY TO INQUIRE (MODIFIED)

Offeror, by applying, represents that it has read and understands the Solicitation and that its application is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention. See clause entitled "Questions from Offerors."

ETHICS CERTIFICATE (MODIFIED)

Offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention:

Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any contract and recover all http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed.

OPEN TRADE REPRESENTATION (MODIFIED)

Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300.

PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

(a) During the period between publication of the solicitation and final award, you must not communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications must be solely with the Procurement Officer. [R. 19-445.2010]

(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a contract. You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior to the Opening Date. [R. 19-445.2165] [02-2A087-1]

PUBLIC OPENING (MODIFIED)

Applications will not be publicly opened as this is a zero-dollar solicitation.

QUESTIONS FROM OFFERORS (MODIFIED)

(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number.

Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to Inquire." We will not identify you in our answer to your question.

All questions shall be submitted in writing and received by the Procurement Officer for this solicitation no later than the date on Cover Page One. Please do not wait until the last minute to submit your questions. Ask them as they come to you.

Email is the preferred method for communicating with the procurement officer. Title the “Subject Line” of your email:

“QPL 5400024548 Questions”.

Questions must be submitted in an easily copied format such as MS Word. Please do not place your questions in tables.

Email: kelly.cobian@schousing.com

REJECTION/CANCELLATION (MODIFIED)

The State may cancel this Request for Qualifications in whole or in part. The State may reject any or all applications in whole mailto:kelly.cobian@schousing.com or in part.

RESPONSIVENESS/IMPROPER OFFERS (MODIFIED)

(a) Apply as Specified. Offers for services other than those specified will not be considered.

(b) Multiple applications. Offerors can only submit one application.

(c) Responsiveness. Any application which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Applications which impose conditions that modify material requirements of the Solicitation may be rejected. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer.

SIGNING YOUR OFFER (MODIFIED)

Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.

STATE OFFICE CLOSINGS (JAN 2004)

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: https://scemd.org/closings/

DISCLOSURE OF YOUR APPLICATION / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (MODIFIED)

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must "comply with instructions provided in the solicitation for marking information exempt from public disclosure.

Information not marked as required by the applicable instructions may be disclosed to the public." IF YOU IDENTIFY

YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO NOT SUBMIT A

REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page, or portion thereof, was redacted and conspicuously marked "Trade Secret" or "Confidential" or "Protected", (2) agrees that any information not redacted and marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. (c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected.

If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer https://scemd.org/closings/ must be able to view, search, copy and print the redacted copy without a password. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows:

You must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 11-35-410. You must separately mark with the words "TRADE SECRET" every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word "PROTECTED" every page, or portion thereof, that you redacted and claim as exempt from public disclosure pursuant to Section 11-35- 1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "Protected". By submitting a response, you agree to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from withholding information by the State of South Carolina or any of its agencies, that you have redacted or marked as "Confidential" or "Trade Secret" or "Protected". (All references to S.C. Code of Laws.) [02-2A125-3]

WITHDRAWAL OR CORRECTION OF OFFER (MODIFIED)

Applications may be withdrawn by written notice at any time and public listing as an approved provider shall be promptly removed by SC Housing.

II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

ON-LINE APPLICATION INSTRUCTIONS (MODIFIED)

1. Applicants shall EMAIL all of the required documents to _procurement@schousing.com no later than the date and time listed on the first page (cover page), or last Amendment.

2. In the subject line of the email, input “QPL 5400024548- Final” so your application may be immediately identified.

III. SCOPE OF WORK/SPECIFICATIONS

I. BACKGROUND

The South Carolina State Housing Authority (SC Housing) is a South Carolina State created by Act No. 500 on June 22, 1971. By law, is permitted to investigate housing conditions; acquire, own, and lease personal property; construct, reconstruct, and operate housing developments; and aid in planning and constructing housing for members of the Beneficiary Classes. The Beneficiary Classes are individuals or families whose gross annual income falls within the low or moderate-to-low income limits as defined by State and Federal legislation.

II. REQUIREMENTS for MARKET ANALYSTS

SC Housing is seeking experienced professionals to conduct third party market study reports for proposed LIHTC Applicants. Reports submitted in conjunction with any Tax Credit funding cycle must adhere to SC Housing’s Market Study Guideline Procedures (see attachment Appendix A) for that funding year. SC Housing will only accept market study reports from entities approved and included on SC Housing’s Qualified Providers List for LIHTC market studies. It is the LIHTC applicant’s responsibility to contract directly with an approved market analyst for preparation of a market study and pay all applicable fees associated with such.

The scope of the market study is outlined in the attachment labeled “Appendix A -Market Study Criteria and Exhibit S-2”.

Please note that Appendix A and Exhibit S-2 are updated each year as needed.

DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (MODIFIED)

mailto:_procurement@schousing.com

After award, all deliveries shall be made and all services provided to the following address, unless otherwise specified:

SC State Housing Finance and Development Authority Attn: LIHTC 300-C Outlet Pointe Boulevard Columbia, SC 29210

The Offeror is reminded that the contract for completion of the market study will be with the LIHTC Applicant. As such, the delivery\performance specified location may be different than the location named above.

IV. INFORMATION FOR OFFERORS TO SUBMIT

In addition to information requested elsewhere in this solicitation, offerors should submit the following information for purposes of evaluation. Offerors should address each in the order listed and should be no more than twenty (20) pages in length. If Offerors wish to provide additional information, it may be included in the appendix. Resumes of key staff may also be included in an appendix and will not count toward the 20-page limit.

To be considered and evaluated for inclusion on SC Housing’s Qualified Provider List, market analysts must submit the following:

1. A completed application form (See APPENDIX B. Application Form Approved Market Study Provider).

2. Experience and References

a) Identify all current memberships, certifications or qualifications held by your company especially in the field of multifamily housing market analysis and\or research. Be sure to include number of years associated with those memberships and\or certifications Offerors should include evidence of all memberships and\or certifications with their offer.

b) Identify the key staff that will be assigned to the scope of work and provide resumes for those staff.

Specify the number of years, if any, wherein you or your key staff has conducted multifamily housing market research and\or authored market studies of the nature described within this solicitation.

c) You must submit two (2) references, one of which must be a State Housing Finance Authority, indicating prior experience providing the services identified in the Scope of Work. For each reference, submit the following information:

• Name of Reference

• Company of Reference (if applicable)

• Address

• Name of person familiar with your work

• Verified Phone Number

• Verified E-mail Address

• Brief description of services provided for reference

3. One (1) sample market study. NOTE: If the Offeror was previously listed on the SC Housing’s Approved

Market Study Provider List, a sample report is not required. However, all other required information must be submitted in order to renew your listing as a Qualified Provider.

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MODIFIED)

You shall submit a signed Cover Page and Page Two. When submitting your offer electronically, you must upload an image of a signed Cover Page and Page Two. Your uploaded application should include all other information and documents requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; and any appropriate attachments addressed in Part IX. Attachments to Solicitation.

In addition, offerors shall submit the following with their application:

1. Letter of Interest The Letter of Interest shall be submitted with Offeror’s response. The Letter of Interest must be on the Offeror’s official business letterhead and must summarize the Offeror’s ability to supply the services that meet the requirements defined in this RFQ. The letter should include the following:

a. Number of people employed by your company

b. Year business was established

c. Type of business (i.e., sole proprietorship, partnership, corporation, etc.)

d. Location of incorporation (if applicable)

e. Location of company headquarters

f. Location of office that will serve this contract

g. Signature of Authorized Representative

2. Offeror Certification

Offeror’s must sign Appendix B. Application for Qualified Providers List- LIHTC Market Study, located at the end of this document, and submit it as part of your application.

V. QUALIFICATIONS

QUALIFICATIONS OF OFFEROR (MODIFIED)

(1) To be eligible to be listed as a qualified provider, you must have the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance. We may also consider a documented commitment from a satisfactory source that will provide you with a capability. We may consider information from any source at any time prior to award. We may elect to consider (i) key personnel, any predecessor business, and any key personnel of any predecessor business, including any facts arising prior to the date a business was established.

(2) You must promptly furnish satisfactory evidence of responsibility upon request. Unreasonable failure to supply requested information is grounds for rejection.

QUALIFICATIONS -- MANDATORY MINIMUM (MODIFIED)

(a) In order to be qualified to be on the Qualified Provider Market Study List, you must meet the following mandatory qualifications:

a. Applicant must have no less than five (5) years of experience as the primary author of market studies for

LIHTC rental housing developments

b. Demonstrated experience in the area of LIHTC market research in the state of South Carolina

c. Primary business operation of the company must be dedicated to market study preparation and no other business-related interests such as appraisal, survey, financial, etc.

d. Demonstrated experience in working with, or contracted by, other State Housing Finance Authorities

(b) Other preferred qualifications may be considered:

a. the experience of a predecessor firm or of a firm's key personnel which was obtained prior to the date offeror was established

b. principal(s) of the firm is a certified member, in good standing, with the National Council of Affordable Housing Market Analysts. A certificate or letter providing evidence of such status must be provided as part of the response to this solicitation.

(c) A detailed, narrative statement explaining how applicant has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or firm commitments to obtain them, necessary to meet all requirements of this solicitation.

QUALIFICATIONS -- REQUIRED INFORMATION (MODIFIED)

Submit the following information or documentation. You represent that the information provided is complete.

(a) The general history and experience of the business in providing work of similar size and scope.

(b) A detailed, narrative statement listing the three most recent, comparable contracts (including contact information) which have been performed. For each contract, describe how the supplies or services provided are similar to those requested by this solicitation, and how they differ. Do not list work performed for SC Housing as a comparable.

(c) List of failed projects, suspensions, debarments, and significant litigation.

SUBCONTRACTOR -- IDENTIFICATION (MODIFIED)

Subcontracting with another business for any portion of the scope of work listed herein is prohibited.

VI. AWARD CRITERIA

APPROVED PROVIDER CRITERIA -- APPLICATIONS (MODIFIED)

will select only those offerors who are responsive to this solicitation and are deemed responsible to meet the requirements of the work specified within this solicitation. Inclusion on the Qualified Market Study Provider List does not guarantee a contract with a LIHTC Applicant to perform market study analyses.

APPLICATIONS RECEIVED AFTER AWARD (MODIFIED)

Offerors not responding to the initial solicitation may be added to the Qualified Providers List provided the bidder furnishes evidence of responsibility and responsiveness to this solicitation authorized by the solicitation.

Subsequent applications will be reviewed on:

January 23 ,2024 January 23, 2025 January 23, 2026 January 22, 2027

VII. TERMS AND CONDITIONS -- A. GENERAL

ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (MODIFIED)

Contractor shall not assign this contract, or its rights, obligations, or any other interest arising from this contract, or delegate any of its performance obligations, without the express written consent of the responsible procurement officer. The foregoing restriction does not apply to a transfer that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and consolidations, but not including partial asset sales).

BANKRUPTCY - GENERAL (FEB 2015)

Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Using Governmental Unit. This notification shall be furnished within two (2) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) Termination. This contract is voidable and subject to immediate termination by the State upon the contractor’s insolvency, including the filing of proceedings in bankruptcy. [07-7A005-2]

CHOICE-OF-LAW (JAN 2006)

The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. [07-7A010-1]

DISPUTES (JAN 2006)

(1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the government regarding the Agreement is not a waiver of either the government’s sovereign immunity or the government’s immunity under the Eleventh Amendment of the United States Constitution. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail. [07-7A025-1]

EQUAL OPPORTUNITY (JAN 2006)

Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference. [07-7A030-1]

NO INDEMNITY OR DEFENSE (FEB 2015)

Any term or condition is void to the extent it requires the State to indemnify, defend, or pay attorney’s fees to anyone for any reason. [07-7A045-2]

NOTICE (JAN 2006)

(A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on Page Two. Notice to the state shall be to the Procurement Officer's address on the Cover Page. Either party may designate a different address for notice by giving notice in accordance with this paragraph. [07-7A050-1]

OPEN TRADE (JUN 2015)

During the contract term, including any renewals or extensions, Contractor will not engage in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300. [07-7A053-1]

PUBLICITY (MODIFIED)

Contractor shall not publish any comments or quotes by State employees, or include the State in either news releases or a published list of customers, without the prior written approval of the SC Housing’s Legal Department.

THIRD PARTY BENEFICIARY (JAN 2006)

This agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third-party beneficiary or otherwise. [07-7A090-1]

VII. TERMS AND CONDITIONS -- B. SPECIAL

COMPLIANCE WITH LAWS (JAN 2006)

During the term of the agreement, contractor shall comply with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs. [07-7B035-1]

CONTRACTOR'S OBLIGATION -- GENERAL (MODIFIED)

The contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the work described herein. The contractor must act in the best interest of SC Housing and adhere to all state and federal requirements regarding LIHTC market analyses. The contractor will be considered the sole point of contact and bare full responsibility of any non-compliance issues arising from submitted market studies.

DEFAULT – SHORT FORM (MODIFIED)

The state may terminate this agreement, or any part hereof, for cause in the event of any default by the contractor, or if the contractor fails to comply with any material contract terms and conditions, or fails to provide the state, upon request, with adequate assurances of future performance. In the event of termination for cause, the state shall not be liable to the contractor for any amount for supplies or services not accepted. If it is determined that the state improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

ESTIMATED QUANTITY - UNKNOWN (MODIFIED)

LIHTC developers are wholly independent of SC Housing. Further, SC Housing does not recommend or dictate which provider/s a LIHTC developer shall select from the Qualified Providers List. SC Housing does not and cannot guarantee any set quantity of work or provide any estimate of projects that a Qualified provider may receive.

OWNERSHIP OF DATA and MATERIALS (MODIFIED)

All data, materials and documentation prepared for the state pursuant to a contract with a LIHTC Applicant shall belong exclusively to the state.

RELATIONSHIP OF THE PARTIES (JAN 2006)

Neither party is an employee, agent, partner, or joint venture of the other. Neither party has the right or ability to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party. [07-7B205-1]

VII.TERMS AND CONDITIONS -- C. SPECIAL- SC HOUSING

TERM OF INCLUSION ON THE QUALFIED PROVIDERS LIST- LIHTC MARKET STUDIES

The effective date of contractor’s inclusion on the Qualified Providers List is the first day of the Maximum Period as specified on the final statement of award. The initial term of the contractor’s inclusion is one (1) year from the effective date. Regardless, the approved Qualified Provider List expires no later than the last date stated on the final statement of award.

At the end of the initial term, and at the end of each renewal term, a contractor’s inclusion on the Qualified Provider List for LIHTC Market Studies shall automatically renew. In any case, the maximum term for the approved Qualified Providers List established by this solicitation expires no later than the last date stated on the final statement of award, unless contractor receives notice that the state elects not to renew their inclusion on the approved Qualified Providers List at least thirty (30) days prior to the date of renewal.

The state reserves the right to remove a market analyst from the Qualified Provider List at any time due to the failure of the analyst to adhere to the market study requirements as outlined in the attached Exhibit A Market Study Criteria or other actions deemed by the state to be harmful and\or detrimental to the LIHTC Applicant or the state.

VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL

SECTION NOT APPLICABLE -- INTENTIONALLY OMITTED [08-8005-1]

IX. ATTACHMENTS TO SOLICITATION

LIST OF ATTACHMENTS [09-9002-1]

The following documents are attached to this solicitation:

1. Tax Notice- Non-Residents Only

2. Appendix A: Market Study Criteria

3. Exhibit S-2: SCSFDA Primary Market Area Analysis Summary

4. Appendix B: Application Form

IMPORTANT TAX NOTICE - NONRESIDENTS ONLY

Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code of Laws requires persons hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within South Carolina to withhold 2% of each payment made to the nonresident. The withholding requirement does not apply to (1) payments on purchase orders for tangible personal property when the payments are not accompanied by services to be performed in South Carolina, (2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers with either the S.C. Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract.

The withholding requirement applies to every governmental entity that uses a contract ("Using Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption from withholding has been revoked.

Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable exceptions.

For information about other withholding requirements (e.g., employee withholding), contact the Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the Department's website at: https://dor.sc.gov

This notice is for informational purposes only.