Contract for Legal Services

REQUEST FOR PROPOSALS

Low-Income Housing Tax Credit (LIHTC) Compliance Analyst Firm

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TABLE OF CONTENTS

1. Part I – Introduction & Scope of Services

1. Part II - Proposal Requirements

1. Part III – Evaluation Process

1. Part IV – General Conditions of RFP

1. Part V - Submission Instructions

ATTACHMENTS

• Summary of Bid Form and Rates

REQUEST FOR PROPOSALS

LEGAL SERVICES

PART I:

INTRODUCTION

The Housing Commission of Anne Arundel County (Commission) and the Housing Corporation of Anne Arundel County (Commission) invites interested and qualified Low-Income Housing Tax Credit (LIHTC) compliance analyst firm to submit proposals to provideLIHTC compliance reviewsfor compliance with Section 42 of the Internal Revenue Code for said Commission. The Public Housing (PH), Rental Assistance Demonstration (RAD), and the Housing Choice Voucher (HCV) Programs are operated under guidelines established by the Department of Housing and Urban Development. The Commission owns and manages 926 units of public housing (undergoing RAD conversion), 200 Low Income Housing Tax Credits (LIHTC) units, a three-story commercial office building located at 7477 Baltimore-Annapolis Boulevard, administers approximately 1,700 housing vouchers, and administers various other programs providing housing and homeownership opportunities for low to median income families.

Please see website at Procurement for further program information.

Questions regarding this RFP must be submitted to: Gina Gibson, Director of Property Management, at no later than 12:00 p.m., May 11, 2018. No questions regarding the proposal will be accepted or responded to after that date. All prospective bidders will receive copies of the questions and answers via e-mail. All questions will be responded to and answered no later than May 11, 2018.

The Housing Commission of Anne Arundel County solicits and encourages Minority Business Enterprises (MBE) and Women’s Business Enterprises (WBE) participation in all Commission contracts.

Submission Deadline: 12:00 p.m. on Friday, May 21, 2018.

PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE
ACCEPTED BY THE HOUSING COMMISSION OF ANNE ARUNDEL COUNTY

SCOPE OF SERVICES

LIHTC compliance reviews under the contract, which shall be entered by and between the Housing Commission of Anne Arundel County and successful bidder, shall include, but not be limited to:

1.Compliance screening and pre-approvals for each application, move in, initial Rental Administration Demonstration (RAD) conversion income qualification and re-certification.

2.Provide findings for each application, move in, initial RAD conversion income qualification and re-certification and review corrections of findings.

3. Monitor the property Rent Matrix to ensure that applications, move ins, RAD conversion income qualifications and re-certifications do not exceed unit set aside.

4.Provide on-going training and advice with regulatory issues and changes.

5.Provide an annual on-site or electronic file review of a minimum of 20% of tenant files.

6.Ensure the Annual Owner Certification (ACC) is completed, executed and submitted timely.

7.Enter each application, move in, initial RAD conversion income qualification and re-certification on the state agency on-line reporting software.

PART II

PROPOSAL REQUIREMENTS

The following provides information on the requirements, order, and format for responses to ensure that the proposals are complete, include essential information, and can be fairly evaluated. Proposers are requested to be specific and concise and to avoid duplicative materials and redundancies in the proposal. Commission has not set a page limit for proposals but it prefers efficiently worded, substantive answers rather than lengthy responses containing more general boilerplate language and materials. Prepare your proposal in the following order:

A. Cover Letter

The cover letter should identify the LIHTC compliance analyst that is proposed to be completed in accordance with the RFP. The cover letter must be signed by an authorized principal of the Proposer organization.

B. Proposer Qualifications

List general information on the Proposer and the overall team, including the following:

• Primary contact person, title, telephone/facsimile numbers, and e-mail address;
• Name of Proposer, main address, telephone/facsimile numbers, and e-mail address;
• Address, telephone/facsimile numbers of office from which services will be provided, if different from above;
• Description of Proposer firm size, number of employees;
• Identify the individual who will serve as the contact for the Proposer and who will direct and coordinate. Describe the prior and current experience with agencies of similar service.
• A description of the proposer’s qualifications and experience.

C.Contract Price

The Proposer is required to submit aFee/Rateform to include: a description of any other charges for all categories of staff who will be assigned to perform the work. Changes not so specified will not be considered for payment.

D.Work Hours

Work will be performed but not limited to normal business hours, Monday – Friday from 8:00am – 4:30pm.

E.Payment Terms

Our payment terms are net thirty (30) days. The Commission will require invoices for all work completed and must be submitted for payment with a thirty (30) calendar day period after each occurrence is completed and submitted, no exceptions.

F.Termination

The Commission may terminate the contract at any time, without cause with a minimum of ninety (90) days’ notice. A written notice is required from either party prior to termination of services.

G. Required Forms

Proposers must complete and submit the following forms and certifications:

1. Verification of Tax ID Number and status (W-9 Form)
2. Debarment and Conflict of Interest Certification (HUD-2992)

Non-debarment Certification. A certified statement that the firm is not debarred, suspended or otherwise prohibited from professional practice by any federal, state or local agency. The statement must read as follows:

"This is to certify that(attorney/firm name), involved with this work, is not debarred, suspended, or otherwise prohibited from contracting by any Federal, State, or local agency."

1. Completed HUD Form 5369-C
2. Summary Bid Form with Fee Schedule. (form attached)

H. Insurance and Indemnification Requirements

A.The selected LIHTC compliance analyst firm will be required to have the following insurance coverage to be maintained for the term of the contract:

1. Professional liability insurance appropriate to the services to be provided in a limit of not less than $1,000,000.

1. Workers' Compensation in statutory amounts and Employer's Liability Insurance with a limit of not less than $1,000,000 for bodily injury or disease.

1. The Commission, its officers, directors, employees and volunteers, are to be named as additional insureds.

1. The insurance to be provided under this contract will be primary insurance for all claims related to the contract.

1. The insurance must not be cancelled for any reason, except after 30 days’ written notice to the Authority (as evidenced by certified or registered mail receipt).

1. Deductibles or self-insured retentions must be acceptable to the Authority.

1. The contract/s for theLIHTC compliance analyst will include the following language:

1.LIHTC compliance analyst firm agrees to indemnify, defend and hold harmless the Commission, its officers, agents, and employees against all claims, liability, damages, cost, and expenses, including attorney's fees, arising out of, or resulting from the performance of this contract, and any of the Attorney/Law firm's operations or activities related thereto, excluding the willful misconduct or the gross negligence of the person or entity seeking to be defended, indemnified or held harmless.

I. Exclusions

Costs described in this section shall be underwritten by the Commission in addition to regular cost as bid on the basis of this specification.

1.All reasonable and necessary expenses for traveling and subsistence in connection with on-site training, at the Commission’s request.

J.Provisions

1. The Commission reserves the right to award contracts to one or multiple

Proposer’s based upon the pool of bidders and their capacity to meet all or

part of the scope of services.

2.The successful bidder may not subcontract with temporary subject matter experts without advance written consent of the Commission.

3.When necessary, the successful bidder shall furnish the Department of Housing and Urban Development with information as requested on behalf of the Commission.

4.The Commission and the successful bidder, in any event, agree to be bound as far as duty required by said successful bidder and payment therefore by said Commission to the rules and regulations, as set down and approved by, and in, the applicable regulations of the Department of Housing and Urban Development.

5.No member, officer, or employee of the Commission during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract awarded, as a result of this bid process, or the proceeds thereof.

6.No member of or delegate of the Congress of United States of America or Resident Commissioner, shall be admitted to any share or part of any contract awarded as a result of this bid process, or to any benefits which may arise there from.

7.In connection with any work performed under contract awarded as a result of this bid process, the successful bidder shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The successful bidder shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to race, creed, color or national origin. Such action shall include, but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for trading, including apprenticeship.

8.The successful bidder shall agree to neither hold himself/herself out nor claim to be an officer or employee of the Commission and will not make any claims, demands, or application to the Commission for any right or privilege applicable to an officer or employee of the Commission including, but not limited to Workers Compensation coverage, unemployment benefits and Social Security Retirement Membership or credit.

K.Declaration

In connection with this specification the bidder declares that:

1.The Proposer is acquainted with and understands the specification in its entirety.

2.The Proposer will enter into a contract for the performance of the proposed work.

3.There has been no collusion in the preparation or submission of the bid to perform the work described.

PART III

EVALUATION OF PROCESS

Proposals will be evaluated and the LIHTC compliance analyst whose proposal is most advantageous to the Commission will be selected subject to negotiation of fair and reasonable compensation. Proposals will be evaluated on the following points.

• Experience - The LIHTC compliance analyst firm, and particularly the keypersonnel assigned to the contract, demonstratesverifiable experience in the area of LIHTC compliance.(30 points)

• Quality of Service/References - The LIHTC compliance analyst firm demonstrates a capability to provide the required professional services in a timely manner as evidenced by past performance in terms of client contact, responsiveness and turnaround time. (25 points)

• Other Related Experience – Demonstrates experience in areas of LIHTC compliance specifically projects and agencies doing business with the Commission. (15 points)

• Fees/Rates -Relevant to the Scope of Services outlined in this RFP, the LIHTC compliance analyst firm demonstrates that the proposed fee schedule and other miscellaneous chargeable expenses are reasonable according to industry standards. (30 points)

The accepted proposal/s will be the one which receives the highest cumulative total of points as described above, and which meets all other criteria and standards as described herein.

LIHTC compliance analyst who possess the ability to successfully perform under the terms and conditions and scope of services as specified herein may submit a proposal for a cost reimbursement professional services contract for consideration of an award by the Housing Commission of Anne Arundel County.

Bidders submitting proposals to the RFP must not be debarred, suspended, or otherwise prohibited from professional practice by any Federal, State or Local Agency. Contract award shall be conditioned on successful negotiation. Commission expressly acknowledges that the contract may be awarded to a proposer who does not necessarily submit the lowest fee proposal to the Commission.

• Per file review pricing
• On-going compliance – complete reports
• Entering eachapplication, move in, initial RAD conversion income qualification and re-certification on the state agency on-line reporting software

PART IV

GENERAL CONDITIONS OF RFP

A. RFP

All proposals for LIHTC Compliance analyst must be received electronically by 12 p.m. on May 21, 2018, to Gina Gibson, Director of Property Management at .

B. ACCEPTANCE OF RFP AND CONTRACT TERMS

Proposer's submission of a proposal in response to the RFP shall constitute acceptance by the Proposer of the terms and conditions of this RFP and the terms and conditions contained in all documents attached to and/or referenced in this RFP.

C. Conditional Notice of Award and Contract Award

Subject to the rights reserved in this RFP, Commission will issue the Letter of Award to the top-ranked Proposer/s no later than forty-five(45) days after the date designated for receipt of proposals. HCAAC reserves the right to de-designate a top-ranked Proposer and consider designation of the next highest ranked respondent in the event of a breach of the terms of the Letter of Award.

D. No Warranty

Proposers are required to examine the RFP, specifications, and instructions pertaining to the services requested. Failure to do so will be at the Proposer's own risk. It is assumed that the Proposer has made full investigation as to be fully informed as to the extent and character of the services requested and of the requirements of the specifications. No warranty is made or implied as to the information contained in the RFP, specifications, and/or instructions.

E. COMMISSION RESERVATION OF RIGHTS

Commission reserves the right to award contracts to one or multiple Proposer’s based upon the pool of bidders and their capacity to meet all or part of the scope of services. Commission reserves the right to cancel this RFP, or to accept or reject, in whole or in part, any and all proposals received as a result of this solicitation, upon its determination that such is in the best interests of Commission. Commission further reserves the right to waive any minor informalities in any proposals received, if it be in the public interest to do so. The determination of the criteria and process whereby proposals are evaluated, the decision as to who shall receive a contract award, or whether or not an award shall be made as a result of this RFP, shall be at the sole and absolute discretion of the Commission.

F. Withdrawal of Bids:

Bids may be withdrawn by electronic request by the bidder prior to the submission due date; over the original signature of the bidder is placed in the mail and postmarked prior to the submission due date. Negligence on the part of the bidder in preparing his bid confers no right of withdrawal or modification of his bid after such bid has been opened.

G. Award of Contract; Rejection of Bids

The contract will be awarded to the responsible bidder/s achieving the highest score and complying with all conditions herein, provided it is in the interest of the Commission to accept it. The bidder/s to whom the award is made will be notified at the earliest practicable date. The Commission, however, reserves the right to reject any and all bids and to a waver if in the interest of the Commission.

PART V

SUBMISSION INSTRUCTIONS

Proposers responding to this RFP are required to submit their proposal and attachment electronically with a signature. This submission should be in Adobe PDF format, although Microsoft Office file formats (Word, Excel, Power Point, etc.) are also acceptable. Proposals must comply with the requirements of the RFP as set forth herein. Commission will not accept or review proposals received after the designated submission deadline. The Commission reserves the right to extend the time for receipt of proposals.

Proposers shall submit their proposals electronically to:Gina Gibson, Director of Property Management, Housing Commission of Anne Arundel County, on or before 12 p.m. EST May 21, 2018.