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Housing Agency Marketplace - Housing Agency Marketplace
Customer Support: 866-526-9266
Sat. May 11, 2024
02:31 PM UTC
Request for Proposals (RFP)
[Within the following, applicable reference within
HUD Procurement Handbook No. 7460.8 REV 2
]
You may
print
this Solicitation.
RFP Information
Solicitation #:
2024-2
Date Posted on the System:
04/02/2024 06:48 PM
Agency:
Municipal Housing Authority of the City of Utica, New York
Main Service Category:
Legal Services
Sub Service Description:
General Counsel Legal Services
Buyer Information
Buyer Name:
John Furman
Buyer Phone Number:
315-982-3731
Buyer Fax Number:
315-735-3366
Buyer E-mail:
jfurman@peoplefirstny.org
Pre-proposal Conference(s)
Pre-proposal Conference:
Will a Pre-proposal Conference be conducted in conjunction with this Solicitation [
Section 7.2.G
, which references
Section 6.7
]?
Yes
Pre-proposal Conference Date:
04/10/2024
Pre-proposal Conference Time:
2:00 pm EST
Pre-proposal Conference Location:
(Address and/or Videoconference Link)
509 Second Street, First Floor, Conference Room Utica, New York 13501-2450/Free Conference Call (267) 807-9605 – Access Code: 558769/ Microsoft Teams Meeting ID: 289 661 836 87 Passcode: DxoFA3
Deadlines
Q/A Cutoff Date:
04/16/2024
Q/A Cutoff Time:
03:59 AM UTC
Proposal Due Date:
05/04/2024
Proposal Due Time:
03:59 AM UTC
To change your Time Zone, click on "Company Profile" in the navigation menu to the left.
Deadline Revision:
Deadline has been revised,
click here
to view the revision history.
Cancellation:
Submital Deadline has passed. Please use award features to do an award/non-award notice or an online evaluation.
Estimated Initial Contract Period:
Start Date
05/22/2024
End Date
06/21/2025
1st Estimated Contract Renewal Option:
Start Date
05/22/2025
End Date
06/21/2026
2nd Estimated Contract Renewal Option:
Start Date
05/22/2026
End Date
06/21/2027
3rd Estimated Contract Renewal Option:
Start Date
05/22/2027
End Date
06/21/2028
4th Estimated Contract Renewal Option:
Start Date
05/22/2028
End Date
06/21/2029
Economic Price Adjustment:
Do you wish to include an Economic Price Adjustment Option as a part of Solicitation [
Section 10.1.C.1.b
]?
No
Contract (Award) Types:
Firm Fixed-price Contract [
Section 10.1.C.1
]
"Ship To" Information
A. Delivery of Purchased Items or Services
Name:
John Furman
Location:
Municiipal Housing Authority of the City of Utica, New York
Address:
509 2nd Street
STE 1
City:
Utica
State:
NY
Zip Code:
13501-2450
Phone Number:
315-982-3731
Fax Number:
315-735-3366
E-mail:
jfurman@peoplefirstny.org
Proposal Format
The Agency intends to retain the successful proposer pursuant to a "Best Value" basis, not a "Low Bid" basis. Therefore, so that the Agency can properly evaluate the offers received, all proposals submitted in response to this RFP must be formatted in accordance with the sequence noted below. None of the proposed services may conflict with any requirement the Agency has published herein or will issue by addendum.
Tab 1: Letter of Interest
Each proposal shall be accompanied by a letter of interest on the Respondent's letterhead listing the team members and identifying the primary contact person. Please include the phone number and email address for each team member. The letter must be signed by an authorized principal of the firm and a statement that the proposal will remain valid for not less than 180 calendar days from the submission deadline. The letter should also introduce the applicant and describe its general philosophy and relevant experience for the contemplated work.
Tab 2: Firm Description Narrative
A. Discuss the firm's history, organization and size including number of staff in each work area.
B. Discuss your technical capabilities, credentials, and firm/staff capacity to meet performance objectives as outlined in this RFP.
C. Describe the overall staffing approach to be used in connection with the associated contract.
D. Provide information regarding staff experience and qualifications that demonstrates 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 involve 3rd party contractors for completing the required scopes.
E. Provide name, title and resumes of key personnel who will be assigned to UMHA project work. Resumes should include specific information regarding experience in providing the types of services outlined in this RFP.
F. Identify the Project Manager(s) for the firm.
G.Indicate the location of the primary office to service this project and provide the office's address, phone number(s), e-mail address, and FAX number(s).
H) Describe your legal library and research capabilities, with specific emphasis on public housing, affordable housing and HUD, New York State tenant/landlord law, and LIHTC Describe the firm's typical response time to client inquiries.
jI Provide an overall summary of the law firms' knowledge as related to the scope of this RFP.
.
Tab 3: Similar Project Experience Narrative
This section should clearly and thoroughly demonstrate the experience and qualifications of the Respondent. P Please describe qualifications related to proving legal services for housing authorities.
The submission must also provide information on the Respondent's capacity to perform all of the criteria in this RFP's "SCOPE OF WORK" Section. A higher score will be given to those applicants that demonstrate experience in HUD, LIHTC, and HCR related programs.
The proposal should include a description of the Respondent's previous experience in activities involving affordable housing and public sector representation services. The Respondent's capacity to perform all the criteria in the required Scope of Services must be provided and information furnished on previous background and experience relative to similar engagements.
This section should clearly and thoroughly demonstrate the qualifications of the Respondent. The Respondent should submit its qualifications to provide the service as well as a description of the background and current organization of the firm. Information should be provided on the Proposer's credentials a as well as professional affiliations. Data should be furnished regarding licenses, education, awards, and experience of the Proposer. Please describe qualifications related to: 1) affordable and public housing representation services, 2) court appearances for housing claims not limited to evictions, property damages, and other related claims against public housing residents, 4) experience with government housing oversight agencies 5) experience with public sector legal matters involving labor relations and other issues, 6) real estate development experience.
Proposers should provide resumes of each person involved in the project. The resumes should include the Proposer's roles in past projects along with its background in the type of projects the Proposer is proposing.
The Proposer should provide demonstrated experience in performing similar work and the proposer's demonstrated successful past Performance (including meeting costs, schedules and performance requirements) of contract work substantially similar to that required by this solicitation. In addition, information should be presented regarding the firm's managerial and financial capacity to deliver the proposed services, including brief professional resumes for the persons identified within areas
This section must specifically answer the following questions:
A. Provide information on your demonstrated experience in performing similar work and successful past performance on similar contracts. Describe your firm's relevant experience within the areas under Scope of Work.
B. Please describe your firm's experience as it relates to affordable housing, real estate, property management, landlord/tenant law, HUD multi-family, public housing, and LIHTC.
C. Please describe your firm's capacity to address competing project timelines.
D. Describe the firm's specific experience working with Housing Authorities, government regulatory agencies, and/or Property Management firms.
E. Provide three to five references, previous and/or current, including the name and title of the contact person, email address, and phone number. If available, please provide one reference from a public housing authority or other affordable housing provider. The Respondent's submission shall constitute its (and its team members') consent to the UMHA contacting listed references to review the Respondent's past performance, cost control, ability to meet schedules etc. Please ensure that all names and phone numbers are current.
Tab 4: Project Management Approach
In this section, the Respondent should set forth how they implement the contract with UMHA , including interaction with UMHA staff and other entities.
A. Describe your philosophy, approach, strategy, and preferred methods for meeting the requirements as listed in the scope of services.
B. Provide a narrative which explains the method for implementing legal services as well as coordinating and communicating with staff
C. Statement of availability to deliver legal services immediately upon execution of a contract.
D. Please provide approach to cost control.
E. Discuss how your firm, if selected, would gather information and make decisions.
F. Provide a work plan and timetable.
L. Indicate the Respondent's expectations of the UMHA as far as assistance needed and document requirements.
N. Please discuss how your firm will comply with HUD conflict of interest, and other regulatory requirements.
S. Provide a description of any associations with other firms or any form of subcontracting that is planned for the project.
Legal Analysis: Provide a brief narrative summary describing the legal issues anticipated based on the the Scope of Work.
Tab 5: Fee Proposal
Please complete the attached price proposal form showing a schedule of fees. Fee schedules shall include: Flat Monthly Billing Fee as well as Flat Hourly Billing Rate for Extraordinary Costs. This form must be submitted in the format provided in this RFP and should cover the entire contract term. The Proposed Fee Schedules will be the basis for the evaluation criteria Proposed Cost" Failure to completely fill out this form will negatively impact scoring of the proposal. Discuss the timing and payment of fees.
Fee schedule and hourly billing rates of proposed staff. Please include a two-year projection of rates. Be as complete and specific as possible. Please include a schedule of hourly rates of personnel including name, function, and hourly rate. Indicate the amount or formula for reimbursable expenses such as copying, telephone/faxes, word processing, postage, travel and lodging, and other expenses. If the Respondent has other methods to propose for the determination of its fee, please state them.
Task orders will be issued by the UMHA
All parts of the fee proposal are considered negotiable.
Tab 6: Workforce Equity and Diversity Narrative
Section 3 is a HUD program that requires recipients of HUD funding to promote the hiring of low-income residents and businesses. New York State has M/WBE requirements. Please provide a plan which describes how your firm will meet Section 3 and M/WBE requirements. Please indicate that your firm is committed to ensuring equal opportunity in your business practices and promoting the use of minority/female business enterprises as well as Section 3 firms. Please propose innovative ideas to show good faith in furthering these requirements. Provide documentation if your firm has a Section 3, M/WBE, Veteran Owned or Small Business certification. In addition, explain how you will promote the utilization of Section 3 and M/WBE firms in the implementation of this contract. Examples of how firms may assist with fulfilling Section 3 and equal employment opportunities are: 1) purchasing supplies from certified M/WBEs; 2) providing educational and job development opportunities for low-income residents of the City of Utica. Provide documentation if Section 3, M/WBE, Veteran Owned or Small Business certification. Provide a description of the firm's workforce equity and diversity programs and accomplishments.
Tab 7: Proof of current Professional Liability Insurance (Errors and Omissions)
Please provide evidence of the professional liability, auto, and workers compensation insurance requirements stated in this RFP.
The UMHA must be listed as an additional insured on liability policies. A certificate of insurance must be provided if awarded.
Contractor shall maintain in force, during the full term hereof, insurance in the following amounts and coverage:
Professional Liability Insurance in the amount of not less than $1,000,000; Coverage shall have limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions, and any deductible not to exceed $50,000 each claim.
Refer to this RFP document for information on the insurance requirements.
Tab 8: Representations and Certifications of Offerors
Complete Representations, Certifications, and Other Statements of Bidders HUD Form 5369-A.
Tab 9: Non-Collusive Affidavit
The form must be signed and notarized.
Proposal Evaluation Factors
The following Factors will be utilized by the Agency to evaluate each proposal submitted.
No. 1: Proposed Cost
Maximum Point Value = 15
The proposed COST of the services. A complete fee proposal is required as part of the submission. Fee amounts, schedule, payment expectations, and methodology for fees should be explained.
Please be sure to complete the pricing item tab to include one cent as a placeholder.
No. 2: Firm/Staff Experience
Maximum Point Value = 30
Demonstrated experience in performing similar work on time and on budget and successful past performance on comparable public housing and affordable housing engagements. Experience and qualifications with projects of similar size, type, and contract amount. Experience with HUD, HCR, public housing, landlord/tenant law, collective bargaining agreements, and public and nonprofit sector organizations. Evidence of the respondent's experience, knowledge and expertise of providing legal guidance with respect to projects involving public housing, Low Income Housing Tax Credit Program, HUD, HOME, supportive housing and New York State funding, Project-Based Section 8, FHA, and other mixed finance sources.
No. 3: Firm/Staff Capacity
Maximum Point Value = 25
Technical capabilities, credentials, firm/staff capacity to meet performance objectives as outlined in this RFP. Evidence of the applicant's capacity and experience to serve as General Counsel for a public housing agency.
No. 4: Project Management Approach
Maximum Point Value = 25
Proposed method for implementing the legal services, coordinating with staff, addressing anticipated legal issues, managing staff, controlling costs, ensuring quality controls, enforcing compliance with government regulations, meeting time schedules, and commencing legal services immediately upon award of contract. Appropriateness of the technical approach in the proposal. Quality of the work plan/Understanding of affordable and assisted housing Sensitivity to resident and community concerns.
No. 5: Section 3/MWBE/Diversity Commitment
Maximum Point Value = 5
Utilization and/or employment of (1) Section 3 residents/firms and (2) the involvement and use of M/WBE enterprises in the project. Commitment to federal and New York State goals. Plan to further Section 3/M/WBE compliance. Dedicated commitment to achieving goals. Innovative approaches to including low-income people in the project. Alternative means to show good faith for these goals.
Total Maximum Points = 100
Advertisement
Did the Agency place an advertisement in any publication pertaining to this RFP?
Yes
Publication:
NAHRO Website
Advertising Dates:
04/04/2024
Publication:
Rome Sentinel
Advertising Dates:
04/04/2024
Publication:
New York State Contract Reporter
Advertising Dates:
04/04/2024
Publication:
NYSPHADA
Advertising Dates:
04/04/2024
Publication:
PHADA
Advertising Dates:
04/04/2024
Terms, Conditions and Instructions
General Counsel Legal Services RFP
Municipal Housing Authority
Of the City of Utica, New York (UMHA)
People First d/b/a
(Electronic Submission Only)
SUBMISSION DEADLINES AND CONTACT INFORMATION
INSTRUCTIONS
RFP #: RAD-2024-02
Issue Date: 04/02/2024
Submission Deadline Date: 04/24/2024
Expected Date for Approval of Contractor 05/22/2024
Expected Service Start Date:05/22/2024
Expected Contract End Date: 06/21/2029 with two-year renewal options
Pre-Proposal Conference: 04/10/2024, 11:00 a.m. EST
Three ways to participate:
In-Person:
Municipal Housing Authority of the City of Utica, NY (People First)
509 Second Street, First Floor, Conference Room
Utica, New York 13501-2450
Free Conference Call (267) 807-9605 – Access Code: 558769
Microsoft Teams Meeting ID: 289 661 836 87 Passcode: DxoFA3.
Questions must be submitted by: 04/15/2024, 11:59 p.m. EST
View and respond to proposal on:
https://ha.internationaleprocurement.com/requests.html?
company_id=15743
Interested applicants should use the following link to download and respond to the Request for Proposal: https://ha.internationaleprocurement.com/requests.html?company_id=15743 You may only apply for this RFP through the Housing Agency Marketplace. Please see the RFP checklist for a detailed list of items to submit. You must submit your attachments via the housing agency marketplace. We will not accept paper applications.
RFP INTENT
The Municipal Housing Authority of the City of Utica, New York (hereinafter, “UMHA”) – People First, d/b/a, invites proposals from qualified attorneys and /or law firms licensed to practice in the State of New York
to provide general legal counsel services.
The UMHA will not accept retainer agreement proposals. We will only accept responses to this RFP which propose monthly flat fees as well as flat hourly rates for extraordinary matters. The flat monthly fee and flat hourly rate need to remain fixed during the term of the contract. UMHA reserves the right to award contracts to more than one firm and/or to divide services among various firms. Contracts will be executed between the UMHA and the law firm (attorney).
The contract will list performance milestones which must be completed in order for the Proposer to receive payment. The UMHA encourages applicants to provide cost effective services at lowest cost to the taxpayers under this program. There is a limited amount budgeted for legal services and we are unable to exceed the budgeted amount. The UMHA reserves the right to set project milestones and to enter into a performance-based contract with the applicant.
Applicants should have knowledge of United States Department of Housing and Urban Development Public Housing and Section 8 Programs as well as New York State Homes and Community Renewal regulations. The selected firm must be knowledgeable about the statutes and regulations that govern the UMHA, landlord and tenant law, real estate development, construction law and court cases, construction practices, litigation, claims, personnel, and insurance. The selected firm must have, at a minimum, qualifications and experience necessary to perform the scope of work as described herein.
Services provided under these contracts must be summarized in monthly written invoices with detailed itemization of units of services delivered as well as types of services performed. Services must be billed at least once a month. Services not billed after 90 days of the expiration of the contract will not be considered for payment. Firms should be aware that UMHA will only make payments on the contract issued under this RFP after the work being billed has been completed, and will pay reimbursable expenses , only upon receipt of an invoice for the reimbursable expenses. No advance payments will be made to the firm, who must have the capacity to meet all project expenses in advance of payments by UMHA.
Respondents must demonstrate capacity and readiness to perform the required services immediately upon execution of a contract with the UMHA and/or its non-profit affiliates and instrumentalities. Contract term is anticipated to be three-years with an option to renew for two additional one-year periods. The UMHA will provide the the Legal Consultant with written notice of its intent to extend the contract at least ninety (900 days prior to the expiration of the current contract term.
Minimum Qualifications of Proposers
The selected attorney or firm must have, at a minimum, qualifications and experience necessary to perform the scope of work as described as follows:
a) Firm members representing the UMHA must be admitted to practice in the State of New York and in good standing;
b) Familiarity with public housing legal issues including the governing New York State Statutes and Federal Public Housing Code and related HUD regulations;
c) Experience in the following areas: 1) affordable and public housing representation services; 2) court appearances for housing claims not limited to evictions, property damages, and other related claims against public housing residents;3 4) government corporations providing public housing; 4) public sector legal matters involving labor relations and other issues, 5) real estate development experience;
d) Other litigation experience;
e) Proof of professional liability insurance;
f) Confirmation that the firm consistently runs conflicts checks and that the firm is free from potential conflicting interests from business foreseeably conducted by the Firm;
g) The selected Proposer must comply with the Federal Drug-Free Work Place Act;
h) The selected Proposer and all its subcontractors shall comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in the Department of Labor Regulations (41 CFR Part 60);
i) The selected Proposer and all its subcontractors shall comply with the Copeland "Anti-Kickback Act" (18 U.S.C. 276c) as supplemented in U. S. Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contract subcontractor shall be prohibited for inducing, by any means, any person employed in the construction, completion, or repair of public works, to give up any part of the compensation to which he is otherwise entitled. The selected Proposer and all its subcontractors shall report all suspected or reported
violations to the UMHA.
Interested firms cannot be on the HUD OIG (Office of Inspector General) or New York State Exclusion or Disbarment list nor have any history of or pending lawsuits involving the Utica Municipal Housing Authority or any other Housing Authority in New York State.
SCOPE OF SERVICES TO BE PERFORMED
The Municipal Housing Authority of the City of Utica, New York (UMHA) intends to award a contract to a qualified lawyer or firm to provide day-to-day legal services necessary for the operation of the agency. The UMHA encourages submission of RFPs from legal firms that are certified as Minority and Women Business enterprises and Section 3 certified firms. Proposals should be cost effective and include reasonable fees. The attorney or firm selected should at a minimum be able to provide the following services:
1. Serve as general counsel and represent the Housing Authority in any legal matters;
2. Provide general legal advice to the Executive Director, staff, and the Board of Commissioners relative to agency matters;
3. File routine lawsuits on behalf of the UMHA and serve as counsel on any matters pertaining to the case;
4. Represent the Housing Authority in court on routine lawsuits filed against it by contractors,
residents, landlords and others;
5. Provide written legal opinions on varying circumstances with respect to procurement
regulations of the New York State Public Housing law, Code of Federal Regulations, HUD Procurement
Standards, UMHA Procurement Policy, and other regulations and laws as necessary;
6. Provide written legal opinions and attend meetings as necessary for the resolution of
disputes between the Housing Authority and contractors, landlords, residents, and/or vendors;
7. Provide all necessary legal services as may be required for the acquisition of or disposition of
property to certify conformance to Local, State and Federal regulations;
8. Serve as legal advisor to the Board of Commissioners regarding the Board’s powers, duties and responsibilities, legal methods, and procedures;
9. Attend public meetings (regular and special) as well as executive sessions of the Board of Commissioners;
10. Review, as requested, Board of Commissioners resolutions and motions as well as meeting minutes;
11. Review of UMHA documents to ensure compliance with the New York State Open Meeting Law, governance requirements contained in the relevant Code of Federal Regulations (CFR), UMHA policies and procedures and By-laws and actions that will put the UMHA at risk for liability exposure
12. Opine on the legality of the substantive matters of resolutions and motions of the Board of Commissioners;
13. If requested, advise and assist the UMHA in the preparation and/or analysis of contracts, leases, and other instruments or certificates as may be required from time to time and at any time;
14. Handle all legal questions arising from or pertaining to all such instruments and certificates including but not limited to the rendering of legal opinions (oral or written) on all matters submitted by the UMHA;
15. Appear and represent the UMHA in routine litigation matters such as non-payment of rent, evictions, and lease violation cases; (a case shall be considered “routine” if it does not require substantial litigation services. Whenever the legal counsel is of the opinion that litigation is non-routine, the UMHA shall be notified promptly);
16. Provide legal advice for claims and lawsuits;
17. Be available for “non-routine” litigation at the discretion of the UMHA; (Litigation should be considered non-routine if it requires substantial litigation services beyond those provided in the above. These services will only be authorized in accordance with the UMHA’s procurement policy and a separate contract shall be executed for such services.);
18. Provide general counsel legal services in the areas of labor and employment law including personnel rules, collective bargaining agreements, discrimination and wrongful termination claims, worker's compensation and compliance with OSHA requirements;
19. Handle legal questions and matters arising under contracts of the UMHA and rendering of legal opinions on matters submitted by the UMHA;
20. Provide legal advice on regulations pertaining to Federal, State and local government, including housing, real estate, procurement and contractual issues;
21. Furnish legal advice on civil rights and fair housing requirements, including claims involving violations of the Civil Rights Act of 1964, the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA);
22. Assist in preparing correspondence or other documents to contractors, vendors, agents,
etc. as may be necessary to protect the Authority’s interest for both the present and future;
23. Assist in the interpretation of regulations by Local, State, and Federal agencies;
24. Provide training on the UMHA Dwelling Lease, Section 8 Certification and Leasing process, and
the eviction procedures to persons serving as Hearing Officers;
25. Provide legal representation and act as liaison with HUD’s Legal Department, HUD's Office
of Public Housing Investment, New York State Homes and Community Renewal, New York State Housing Finance Agency, Federal Home Loan Bank, and the New York State Affordable Housing Corporation.
The UMHA shall retain the right to have the successful proposer provide services in any matter that the UMHA believes the legal firm is qualified to provide and if, in the opinion of the Executive Director, it is in the best interests of the UMHA to do so.
The successful proposer will only be providing work pertaining to legal issues commonly addressed by a general legal counsel and the successful proposer will not be requested to provide any non-legal program work such as those commonly provided by professional services consulting firms.
As may be further detailed herein, the UMHA may, on an as-needed basis, require the successful Proposer to provide services pertaining to UMHA-related matters within the following areas, each pertaining to applicable Federal, State and local regulations, statutes, laws and codes: Human Resources; Accounting, Finance and related audits; Operations; Maintenance; Development and Modernization; Information Technology; Housing Programs; Section 8; U.S. Department of Housing and Urban Development (HUD); Real Estate and Tax Credit; and any other matter the UMHA needs services for.
Please note that the preceding is not intended to be an all inclusive listing of all of the legal issues that the UMHA may retain the successful proposer to provide, but is intended to be a representative listing of issues that the UMHA previously required such services for.
If the successful proposer does not have an in-house a qualified person to provide any services required by the UMHA, the successful proposer may retain another counsel who is such a qualified person. Such retention must have the prior written approval of the UMHA. Any billing/payment for such additional counsel will be at the same hourly rate listed within the contract (meaning, the successful proposer may not add on an additional amount to the contracted hourly fee for retaining and overseeing such additional counsel). As the UMHA will contract with the successful proposer only, all ensuing payments for any contracted matter will be made by the UMHA to the successful proposer only.
The UMHA reserves the right to, at any time during the ensuing contract period, and without penalty to the legal counsel retained as a result of this RFP, conduct additional competitive solicitations to retain additional legal counsel when, in the opinion of the Executive Director, it is in the best interests of the UMHA to do so. Accordingly, the legal counsel retained as a result of this RFP shall have the right to also respond to any such additional solicitation process, if conducted.
The selected Proposer shall at all times guarantee access by the UMHA, HUD, HUD Office of Inspector General, Comptroller General of the United States, New York State Homes and Community Renewal, New York State Comptroller, or any of their duly authorized representatives to any books, documents, papers, and records of the selected Proposer which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions.
The selected Proposer shall be required to retain all pertinent records for a period not less than five (5) years after final payment has been made and all pending matters closed.
In submitting a response, the Proposer acknowledges that the UMHA shall not compensate the Respondent for any submission or contract negotiation costs, including costs of preparation, appearances for interviews, and/or travel expenses. It is essential that the Proposer selected as General Counsel will have the necessary knowledge, skills and experience to implement all aspects of the work. All work is to be performed with the highest degree of professional standards, in compliance with HUD regulations, UMHA policies and procedures, criteria and requirements, and State and local laws and regulations.
MUNICIPAL HOUSING AUTHORITY OF THE
CITY OF UTICA, NEW YORK DESCRIPTION
Established in 1937, the Municipal Housing Authority of the City of Utica, New York (UMHA) was one of the first housing authorities formed in the U.S. We are a nonprofit public corporation which is a corporate governmental agency. The UMHA was created in accordance with the federal Housing Act of 1937, New York State Public Housing Law, and a local law enacted by the City of Utica Common Council. It is funded by the United States Department of Housing and Urban Development (HUD), rental income, and private, state, and federal grants.
The UMHA is governed by a Board of Commissioners which is composed of seven members. Five board members are appointed by the Mayor of the City of Utica and two are elected by the residents of the Housing Authority developments.
The UMHA is the major provider of subsidized and affordable housing in Utica. Our objective is to enhance our leadership role in the housing industry by providing safe, clean, and affordable housing opportunities to low-income people while promoting self-sufficiency, upward mobility, and customer satisfaction. The UMHA has successfully administered AmeriCorps, HOPE VI home rehabilitation, public housing modernization, HUD ARRA grants, energy improvement, housing development, youth, human and community service, job training, and educational programs.
With integrity, high ethical standards, and competence, we are committed to transparently provide, develop, and offer low-income residents of the City of Utica and Central New York:
• Quality affordable housing opportunities,
• Neighborhood revitalization and community renewal activities,
• Partnerships with private and public entities to optimize resources through innovative programs,
• Efficient and effective management of resources,
• Education, literacy, social, career development and economic self-sufficiency programs.
The UMHA owns, manages, and supervises a total of 1,075 units. Of that number, 896 are public housing units, 36 are HOPE VI Stand Alone Tax Credit Units, 50 are Low-Income Housing Tax Credit (Roosevelt Residences), and 93 are Project-Based Section 8 (New York State Public Housing). The UMHA currently provides 365 Section 8 (Housing Choice) Vouchers to local tenants. We have the privilege to house and service in excess of 3,000 people in our LIPH portfolio. Occupancy for public housing and mixed finance units remains at 96%. In September 2022, our SEMAP score for our Section 8 program was 99.05% while our PIC score for public housing units was 95.85.
UMHA is more than a landlord; it provides a wide variety of programs to assist its tenants and community residents become self-sufficient and live independently. Services include job training, financial literacy, after-school tutoring, housing information and referral, veteran services, and case management. Unlike most private landlords, the UMHA provides a broad range of services designed to address the needs of our diverse resident population. The housing authority has adopted a quality of life supportive housing model to integrate housing and services. Education and self-sufficiency programs are tailored to the needs of individual clients. Services are provided to help residents secure education, employment, food, job training, health, and income support. Services such as food, case management, and health screenings are provided to elderly and disabled residents to help maintain their independent living.
To reflect our commitment to serving residents and the community, the Utica Municipal Housing Authority (UMHA) has rebranded and changed the name under which it does business to People First. The new name, People First, reflects the holistic approach and practices implemented by the organization by engaging in compassionate, transformative “quality of life” services to meet the needs of the greater Utica community. Likewise, the name change more effectively embraces our mission of prioritizing the best interests of people first, and doing so in a people friendly, people focused, and people driven approach.
People First will continue its rich history and legacy of enhancing the quality of life for our region’s most vulnerable populations, including economically challenged families, the homeless, veterans, at-risk populations, disabled community members, and elderly residents. The transition to People First represents the opportunity to be more than a “key,” by providing hope and assistance to people not only to overcome the social challenges of securing safe, clean, and affordable housing accommodations, but also overcoming other impediments, such as education, disabilities, career development, and independent living skills.
By prioritizing the needs of people, People First seeks to utilize its mission and practices as a steppingstone to encourage and challenge our residents to unlock their full potential. Under People First, the organization will better serve as a local, state, and national model for offering quality housing and personalized services that move residents and the local community at large progressively forward for the welfare and betterment of both.
ADDITIONAL UMHA INFORMATION
Established in 1937, the UMHA is one of the longest operating housing authorities within the United States. People First is proud to continue its long-established heritage and reputation to offer housing and supportive services that value, prioritize, and fulfill the essential needs of the people and community we serve.
Both the Municipal Housing Authority of the City of Utica, NY Low Income Public Housing Program and Section 8 (Housing Choice Voucher) Program have homeless, childhood lead poisoning, and domestic violence preferences. In 2022, we instituted a preference for refugees.
Following are the housing developments owned, managed, or overseen by the Municipal Housing Authority of the City of Utica New York (UMHA):
• Perretta Twin Towers – 108 units - Low Income Public Housing (LIPH) – Senior/Disabled
• Marino-Ruggerio Apartments 50 units -LIPH – Senior/Disabled
• Gillmore Village – 190 units – LIPH Multi-Family
• Duplex Homes – 10 units - LIPH Multi-Family
• 819 Hamilton Street Apartments – 9 Units - LIPH Multi-Family
• F. X. Matts – 67 units - LIPH Multi-Family
• Adrean Terrace – 202 units - LIPH Multi-Family
• N.D. Peters Manor – 92 units - LIPH Multi-Family
• Humphrey Gardens – 122 units - LIPH Multi-Family
• Chancellor Apartments – 93 units- Project-Based Section 8 Voucher NYS Senior-Disabled Public Housing
• Steuben Village -HOPE VI Mixed Finance Development – HOPE VI Mixed Finance – 49 Low-Income Housing Tax Credit (LIHTC) units (25 public housing)
• Rutger Manor -HOPE VI Mixed Finance Development HOPE VI Mixed Finance – 33 Low-Income Housing Tax Credit (LIHTC) units (21 public housing)
• Roosevelt Residences – Scattered Site LIHTC development – 50 units (25 Project Based Voucher, of the 25 PBV units, 8 are homeless units)
Each firm that submits a proposal is responsible to carefully review and comply with the following and/or the attached Terms, Conditions and Instructions, and by submitting a proposal agrees to do so.
If you have any questions regarding this proposal or any of the documents attached, you may use the "Questions and Answers" area. This will save both you and the Agency time in communication along with allowing documentation of all inquiries and responses within one area for all vendors to view.
Technical Inquiries: John Furman, jfurman@peoplefirstny.org, 315.982.3731
YOU MAY ONLY APPLY TO THIS RFP THROUGH THE HOUSING AGENCY MARKETPLACE. PLEASE SEE THE RFP CHECKLIST FOR A DETAILED LIST OF ITEMS TO SUBMIT. YOU MUST SUBMIT YOUR ATTACHMENTS VIA THE HOUSING AGENCY MARKETPLACE. WE WILL NOT ACCEPT PAPER APPLICATIONS.
The Utica Municipal Housing Authority (UMHA) intends to retain the successful proposer pursuant to a "Best Value" basis, not a "Low Bid" basis. Therefore, so that the UMHA can properly evaluate the offers received, all proposals submitted in response to this RFP must be formatted in accordance with the sequence noted below. None of the proposed services may conflict with any requirement the Agency has published herein or will issue by addendum.
Each firm that submits a proposal is responsible to carefully review and comply with the following and/or the attached Terms, Conditions and Instructions, and by submitting a proposal agrees to do so.
If you have any questions regarding this proposal or any of the documents attached, you may use the "Questions and Answers" area. This will save both you and the Agency time in communication along with allowing documentation of all inquiries and responses within one area for all vendors to view.
PROPOSAL SUBMITTAL INFORMATION
Interested applicants should use the following link to download and respond to the RFP.
https://ha.internationaleprocurement.com/requests.html?company_id=15743
The deadline for submissions is 04/24/2024. For questions, please call John Furman at 315.982.3731 or email jfurman@peoplefirstny.org. Please check the link for updates on the RFP.
The Housing Authority may reject any and all proposals, re-advertise, postpone, or cancel this RFP at any time at its discretion. The Housing Authority has the right to waive any and all formalities related to this RFP. The Housing Authority is committed to equal opportunity in its procurement actions and encourages Section 3 and M/WBE firms to respond to this solicitation. It is our policy to ensure equity, diversity, and inclusion in making competitive grant awards.
For UMHA to properly evaluate submissions, all submissions in response to this RFQ must be formatted in accordance with the sequence noted below. None of the proposed services may conflict with any requirement the UMHA has published herein or will issue by addendum. All submissions must be uploaded through UMHA’s online Housing Agency Marketplace. The UMHA will not accept paper submissions.
Each applicant responding to this RFQ shall include the items listed in the Proposal Format section, which shall be uploaded in the tabs (sections) in the correct sequence. Failure to provide any section of the tab documents as outlined in the checklist below may be deemed sufficient cause for rejection. The tab should be a digital file and should use a naming protocol as follows: Company Name-Tab 1 – Letter of Interest. Alternatively, it is acceptable to submit one pdf document including all required tabs. Multiple files are acceptable so long as they are labeled as such.
ADDITIONAL FORMS FOR REVIEW/NOT SUBMISSION
It is the responsibility of each applicant to verify that he/she has downloaded the following attachments pertaining to this RFP, which are hereby by reference included as a part of this RFP. These forms do not have be completed and submitted and are presented as part of the RFP for informational purposes only.
• Request for Proposal (this document)
• HUD Form 5369 Instructions to Bidders for Contracts
• Form HUD 5370-C - General Conditions for Non-Construction Contracts Section 1 (With or without Maintenance Work)
• Form HUD 5369-B Instructions to Offerors Non Construction
HUD forms may be accessed at this link:
https://www.hud.gov/program_offices/administration/hudclips/forms
Attached to this RFP is a sample contract form based upon HUD regulations. It can be modified upon negotiations with the successful Respondent.
BASIC TERMS AND CONDITIONS
The contract will list performance milestones which must be completed for the Respondent to receive payment. The UMHA encourages Respondents to provide cost effective services at lowest cost to the taxpayers under this program.
Services provided under these contracts must be summarized in monthly written reports with detailed itemization of units of services delivered as well as types of services performed. Services must be billed at least once a month. Services not billed after 90 days of the expiration of the contract will not be considered for payment. Firms should be aware that UMHA will only make payments on the contract issued under this RFP after the work being billed has been completed and will pay reimbursable expenses only upon receipt of an invoice for the reimbursable expenses. No advance payments will be made to the firm, who must have the capacity to meet all project expenses in advance of payments by UMHA.
The UMHA encourages applications from Minority/Women Business Enterprises (M/WBEs), and Section 3 firms. We also encourage developers to partner with these types of entities to provide employment opportunities to the disadvantaged. In accordance with New York State and HUD law and regulations, it is the policy of the UMHA to encourage Minority and Women Business Enterprises as well as Section 3 firm participation in this program by contractors, subcontractors, and suppliers, and all Proposers are expected to cooperate in implementing this policy.
The UMHA reserves the right to waive any or all informalities, and to reject any or all proposals, or any proposal that is incomplete, conditional, obscure, or which contains irregularities of any kind, or any or all proposals not deemed to be in the best interest of UMHA.
We further resolve the right at any time, in its sole discretion and for any reason, to do any or all the following:
• Cancel and/or reissue the RFP, and/or reject all proposals;
• Reject, in whole or in part, any or all proposals received in response to this RFP which are incomplete and/or non-responsive;
• Waive or correct any immaterial defect or technical error in any response, proposal, or proposal procedure, as part of the RFP or any subsequent negotiation process;
• Request that certain or all Respondents to this RFP supplement or modify certain aspects of the information or proposals submitted;
• Modify the selection procedure, the scope of the proposed project or the required responses; and,
• Extend deadlines for accepting proposals, request amendments to proposals after expiration deadlines, or negotiate or approve final agreements.
The determination of the criteria and process whereby responses are evaluated, the decision as to who shall receive a contract award, or whether an award shall be made as a result of this RFP, shall be at the sole and absolute discretion of the UMHA.
The proposal must be submitted in conformance with the requirements of this Request for Proposals. As a general requirement, the RFP specifies that all work is to be performed in accordance with professional standards, HUD regulations, requirements and criteria and local codes, regulations, ordinances, and statutes. It will be the UMHA’s full expectation and a contractual requirement that the successful Respondent fully and routinely meet the above requirements. The selected Respondent(s) will only perform work which is authorized by the UMHA.
Prior to issuance of the notice to proceed, the selected Respondent must provide a certificate of insurance listing the UMHA as additional insured entities for general liability insurance covering bodily injury and personal injury of at least $1,000,000.
There are no points awarded based on prior contracts with the UMHA or the geographic location of the firm.
A Respondent shall not obtain, by submitting a proposal in response to this RFP, any claim of any kind against the UMHA or UMHA’s property by reason of all or any part of any of the following:
• Any aspect of this RFP;
• The Selection process;
• The rejection of any or all offers;
• The acceptance of any offer;
• Entering into any agreements or the failure to enter into any agreements;
• Any statements, representations, acts, or omissions of the UMHA to any person or entity acting on its behalf;
• Any other matters arising out of the foregoing.
In submitting their proposals, Respondents are representing that the personnel described in their proposals shall be available to perform the services described from first to last, barring illness, accident, or other unforeseeable events of a similar nature in which cases the Respondent must be able to provide a comparably qualified replacement. Furthermore, all personnel shall be considered to be, always, the sole employees of the firm under its sole discretion, and not employees or agents of the UMHA.
It should be clearly understood that all service requested in this RFP are on an “as needed basis” and that any dollar value referred to in this RFP in no way constitutes a guarantee of the level of effort that may be required of the successful Respondent or guarantee a certain dollar amount.
Submissions must be submitted in conformance with the requirements of this RFP. As a general requirement, the RFP specifies that all work is to be performed in accordance with professional standards, HUD and New York State regulations, requirements and criteria and local codes, regulations, ordinances, and statutes. It will be the UMHA’s full expectation and a contractual requirement that the hired Contractor fully and routinely meet the above requirements. The Contractor will only perform work which is authorized by the UMHA.
Each firm that submits a proposal is responsible to carefully review and comply with the following and/or the attached Terms, Conditions and Instructions, and by submitting a proposal agrees to do so.
If you have any questions regarding this proposal or any of the documents attached, you may use the "Questions and Answers" area. This will save both you and the Agency time in communication along with allowing documentation of all inquiries and responses within one area for all vendors to view.
SELECTION PROCESS
UMHA will use the following process to evaluate proposals. In its sole discretion, UMHA may change both this process and the schedule.
REVIEW FOR COMPLIANCE WITH SUBMISSION REQUIREMENTS
Proposals that arrive at UMHA by the due date and time will be opened by UMHA’s Contracting Officer or his/her designee. UMHA will initially review all proposals to determine if they comply with the submission requirements specified in this RFP. UMHA may reject any proposal without further review if UMHA in its sole judgment determines that the proposal does not comply with these requirements. UMHA may also reject without further review any proposal that in UMHA’s sole judgment deviates significantly from the requirements of this RFP. UMHA may, in its sole option and discretion, allow a respondent to later correct minor omissions, informalities or irregularities.
RANKING
An Evaluation Committee that UMHA will convene (the “Committee”) will review all responsive proposals according to the criteria set forth in this RFP for the selection of respondents that are the most advantageous to UMHA based on the evaluation criteria. The Committee will rank the respondents according to said criteria. UMHA may also engage in site visits/interviews, in its sole discretion, as may be deemed appropriate to determine respondent’s reasonable chance of being selected for award. The Committee shall designate the respondents, based upon this evaluation, into one of three (3) groups: (i) acceptable; (ii) potentially acceptable; (iii) unacceptable. UMHA will not give further consideration to unacceptable proposals.
WITH OR WITHOUT DISCUSSIONS AND ORAL INTERVIEWS
At the UMHA’s option, Responders may be asked to participate in an interview process to allow the UMHA to ask specific questions regarding the response to the RFP.
The Committee or someone it designates for the purpose may conduct separate discussions, which may involve an interview, with each respondent designated acceptable or potentially acceptable. The purpose of these discussions would also be to ensure that each respondent understand the work to be performed.
UMHA reserves the right to proceed in its evaluation without discussions.
While the UMHA reserves the right to conduct negotiations with one or more Respondents, the UMHA may make a contract award with or without interviews and with or without negotiations.
The UMHA, at its option, may select one, none or more than one firm/team.
Additionally, the UMHA reserves the right to accept or reject team members and to request replacement of specific members of the Development Partner’s team.
Prior to awarding this contract, the RFP response may be held by the UMHA for a period not to exceed 180 calendar days from the submission deadline.
WRITTEN MODIFICATION OF PROPOSAL
Each respondent may submit a written modification of their proposal within five (5) days after any such discussion.
BEST AND FINAL OFFERS
UMHA will invite the respondents deemed acceptable or potentially acceptable to submit a “best and final offer” by a specified date and time. If respondents do not submit a best and final offer, or a notice of withdrawal, the previous offer shall be constructed as their best and final offer.
FINAL RANKING
The Committee shall make a final ranking of the respondents using the criteria in this RFP. Based upon the Proposals, potential interviews, reference checks, and best and final offers, the UMHA Evaluation Committee will identify the highest ranking Respondent and recommend selection to the UMHA Board of Directors for award.
NEGOTIATION OF CONTRACT
UMHA will attempt to negotiate a contract with the chosen respondent(s), including an agreement on a fair and reasonable price, split of developer fee, pre-development costs payment, and other business terms. If negotiations are not successful, UMHA will attempt negotiations with the next highest ranked respondent, and so on until it contracts for a fair and reasonable price or until it terminates the process.
PROPOSAL EVALUATION PERIOD
During the period when proposal evaluation is being conducted, all proposal details, analyses and scoring (preliminary or otherwise) are confidential. This measure simply maintains the integrity of UMHA’s procurement system. No UMHA personnel in any office can discuss information pertinent to any proposal during this period. Violation of the confidentiality of proposals pending award seriously compromises UMHA in establishing contractual agreements and may result in the disqualification of the respondent from this procurement action.
5. EXECUTION OF CONTRACT
Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful respondent shall execute and deliver to the UMHA Board, a signed contract agreement and all insurance certificates, licenses, permits, etc., required in this solicitation and be ready to implement the services at the end of the ten (10) day period, or such longer time period as UMHA may specify in writing.
RULES, REGULATIONS AND LICENSING REQUIREMENTS
The Offerors shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest. Offerors are presumed to be familiar with all federal, state, and local laws, ordinances, codes, rules, and regulations that may in any way affect the services to be provided. The respondent(s) must not be debarred, suspended, or otherwise ineligible to contract with UMHA, and must not be included on the General Services Administration’s “List of Parties Excluded from Federal Procurement and Non-Procurement Programs,” HUD’s Limited Denial of Participation List, and New York State Debarment lists.
CONTRACT FORM AND ISSUES
No contractual rights shall arise from the process of negotiation until such time as the Municipal Housing Authority of the City of Utica, New York and the selected Consultant(s)have signed an agreement. Work under the agreement shall commence immediately upon execution of such agreement. Parties further concur that the UMHA must approve the agreement and both agree to work diligently to implement changes as required.
CONTACT WITH THE MUNICIPAL HOUSING AUTHORITY OF THE CITY OF UTICA, NEW YORK, STAFF AND BOARD OF COMMISSIONERS
During the solicitation process period and subsequent evaluation process, offerors shall not make any contact regarding this Request For Proposals with the UMHA staff, Board of Commissioners or residents other than those identified in the Solicitation Summary of this Request for Proposals.
INCURRED COST IN PREPARATION OF PROPOSALS
The Offerors shall be responsible for all costs in preparing a response to this Request For Proposals. All material and documents submitted by prospective offerors shall become property of the UMHA and will not be returned. The consultants selected for further interviews and negotiations shall be responsible for all costs incurred during those processes.
MBE/WBE UTILIZATION AND RESIDENT EMPLOYMENT GOALS
The UMHA is committed to achieving diversity in the award of contracts and in the purchasing of goods and services throughout all aspects of the development initiatives. It is the policy of the UMHA to provide minorities and women equal opportunity to participate in all aspects of UMHA contracting and purchasing programs, including but not limited to participation in procurement contracts for commodities and services as well as for contracts relating to construction, repair work, and/or leasing activities.
It is further the policy of the UMHA to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, sex, religion, or national origin and to conduct its contracting and purchasing programs so as to prevent such discrimination.
The UMHA in cooperation with other local, state, and federal agencies, and with the assistance of minority groups and agencies, will actively seek and identify qualified minority and women business enterprises and offer them the opportunity to participate as providers of goods and services.
Even though the UMHA has not established any specific goals for MBE/WBE utilization, it is expected that Offerors will submit, as a part of their response to this RFP, their goals for this particular project.
All communications regarding this RFP shall be in writing, preferably by email, and must be directed to the following Point of Contact for this RFP.
Mr. John Furman
Director of Grants, Programs, Compliance, & Monitoring
Municipal Housing Authority of the City of Utica, New York
509 Second Street, STE 1
Utica, New York 13501
jfurman@peoplefirstny.org
Phone (315) 735-5246; (315) 982-3731
ORAL COMMUNICATIONS: Any oral communications shall be considered unofficial and non-binding with regard to this RFP.
DELIVERY REQUIREMENT: Each Respondent shall assume the risk of the method of dispatching any communication or proposal to UMHA. UMHA assumes no responsibility for delays, delivery or system failures resulting from the dispatch.
RESERVATION OF RIGHTS: UMHA reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification.
AMENDMENTS: Only UMHA’s official, written responses and communications shall be considered binding with regard to this RFP. UMHA reserves the right to determine, at its sole discretion, the method of conveying official responses and communications pursuant to this RFP (e.g., written, facsimile, electronic mail, posting on UMHA’s website or other electronic means).
MODIFICATION OF SOLICITATION: UMHA reserves the right to increase, reduce, add, or delete any item, service or activity to this solicitation as deemed necessary where it is consistent with UMHA’s policies or strategies to do so.
MODIFICATION OF CONTRACT: UMHA reserves the right to increase or delete any scheduled items, goods, services or activities, and/or increase or reduce the quantity of any scheduled item, goods, service or activity as deemed necessary, to award portions of this RFP, to waive minor informalities and technicalities, and to make awards consistent with UMHA’s policies, and the applicable laws governing HUD or other federally regulated programs.
CONTRACTOR STATUS: The Contractor shall be an independent Contractor, and will not be an employee of UMHA.
FUNDING LIMITATIONS: UMHA shall not be bound to any contract if funding has been disallowed by HUD or other funder.
GOVERNMENT RESTRICTIONS: In the event any governmental restrictions may be imposed, which would necessitate alteration of the material, quality, workmanship or performance of the goods or services offered, it shall be the responsibility of the successful Respondent(s) to immediately notify UMHA in writing specifying the regulation which requires an alteration. UMHA reserves the right to accept any such alteration, including any reasonable price adjustments occasioned thereby, or to cancel the contract at no expense to UMHA.
SECTION 3: The successful Respondent(s) shall comply with all applicable provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701U, and the regulations issued pursuant thereto, as set forth in 24 C.F.R. Part 135, and all applicable rules, directives and orders issued by HUD thereunder. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment generated by a Section 3 covered contract be given to public housing residents and other low income persons residing in the metropolitan area, and subcontracts in connection with such contracts be awarded to Section 3 covered business concerns.
DUE DILIGENCE: All procurement transactions shall be conducted only with responsible contractors, that is, those Contractors who have the technical and financial competence to perform and who have a satisfactory record of integrity and performance. Where warranted and before awarding a contract, UMHA shall review the proposed Contractor’s ability to perform the contract successfully, considering factors such as the Contractor’s integrity, compliance with public policy, record of past performance (including vendor performance reports and contacting previous clients of the Contractor), and financial and technical resources (an extensive financial review is normally conducted on all non-bonded procurement transactions over $100,000 in total contract value). Contracts shall not be awarded to debarred, suspended, or ineligible Contractors. UMHA shall not contract with firms and/or individuals listed on List of Parties Excluded from Federal Procurement and Non-procurement Programs as well as New York State debarment lists. If a prospective Contractor is found to be non-responsible, a written determination of non-responsibility shall be prepared, and the prospective Contractor shall be advised of the reasons for the determination.
LAWS AND REGULATIONS
The Contractor(s) shall at all times observe and comply with laws, statues, ordinances, regulations and codes of the Federal, State, County and local government agencies, which may in any manner affect the performance of the Contractor(s) and in particular any such laws pertaining to safety.
INDEMNIFICATION
Contractor(s) expressly agrees to indemnify and hold harmless the UMHA from all losses, costs, damages and/or expenses with respect to all demand claims, suits, and/or judgments for personal injuries, including death, to any person (including but not limited to third parties, employees of UMHA, employees of Contractor or and sub-contractor and their dependents or personal representatives) or damages to property to any person arising by reason of any act or omission, negligent or otherwise, either by Contractor or by sub-contractors or the employees or agents of either of them. Contractor further agrees to defend UMHA to reimburse UMHA for any reasonable cost and expense, including attorney’s fees, which UMHA may incur or be put for the defense from any such claim.
RIGHT TO AUDIT
Contractor shall make available for audits its books, records, ledgers, and other pertinent documentation showing the basis for the costs claimed under the contract. These books and records shall be made available to the UMHA internal and external auditors.
RETENTION OF RECORDS
The contractor shall maintain the records pertaining to billings for a period of five (5) years after the contract is terminated and audited by UMHA.
LIMITATIONS
This RFP is issued only to solicit proposals as identified herein. The UMHA and its Board of Commissioners are in no way committed hereby to accept or award any contracts to any Contractor(s). The final decisions to award any contract to any Contractor(s) rest with the UMHA Board.
CONTRACT ADMINISTRATOR
The Contractor(s) is to provide a contact person during the period of performance of the contract for prompt contract administration. The designated representative to be contacted during the period of performance of this contract will be specified in the award contract and/or the Notice to Proceed.
CONTRACT ENFORCEMENT
If a contractor fails to comply with any term of an award whether stated in a federal statute or regulation, an assurance, or program plan and/or agreement, UMHA may take one or more of the following actions:
• Withhold Payments. Temporarily withhold cash payments pending correction of the deficiency by the contractor.
• Disallow Activity. Disallow all or part of the cost of the activity or action not in compliance.
• Suspend or Terminate Award. Wholly or partly suspend or terminate the current award for the program and/or services.
• Without Further Awards. Withhold further or future awards for the program.
• Other Actions. Take other legal or equitable remedies that may be legally available.
Costs incurred by the contractor during a suspension or after a termination of an award are not allowable unless approved in writing by UMHA.
TERMINATION OF CONTRACT FOR CONVENIENCE
UMHA may terminate the contract agreement for convenience or for failure of the Contractor to fulfill contract obligations. UMHA shall terminate by delivering to the Contractor a Notice of Termination. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected and deliver to the UMHA all information, reports, paper and other materials accumulated or generated in performing this contract whether completed or in process. If the termination is for convenience of UMHA, UMHA shall be liable only for payment for accepted services rendered before the effective date of termination.
NO GUARANTEED MINIMUM
Under this contract UMHA reserves the right to make multiple awards and to pursue alternate contract agreement to meet its needs for the Services and related activities how and when, at its sole judgment and discretion, deems is in the best interest of its operations or strategic vision. The UMHA offers no guarantee minimum quantities to be procured under this solicitation or any resultant agreement or contract.
REPORTING/AUDITING REQUIREMENTS
UMHA reserves the right to conduct a financial and operational review and/or audit of the books and records of Respondent(s) and/or any other provider of the goods and services under this RFP. Such records shall include, but not be limited to Service and Audit Records, and Financial and Invoice Records.
OWNERSHIP OF DATA AND MATERIALS
All data, material and documentation either prepared for or by UMHA pursuant to this RFP and/or contract shall belong exclusively to the UMHA.
COMPETITION INTENDED
It is the UMHA’s intent that this RFP promotes competition. It shall be the Respondent’s responsibility to advise the UMHA noted contact, in writing, if any language, requirement, specification, etc., or any combination, therefore, inadvertently restricts or limits the requirements stated in the RFP to a single source. The UMHA Contact must receive such notification not later than the Inquiry Deadline.
BEST AVAILABLE DATA
All information contained in this RFP is the best data available to the UMHA at the time the RFP was prepared. The information given in the RFP is not intended as representations having binding legal effect. This information is furnished for the convenience of respondents and UMHA assumes no liability for any errors or omissions.
COSTS BORNE BY RESPONDENT
All costs related to the preparation of Proposals and any related activities are the responsibility of the respondent. The UMHA assumes no liability for any costs incurred by the respondent throughout the entire selection process.
STAFF ASSIGNMENTS
Any future changes to the proposed staff allocation for this project will be subject to the approval of the UMHA. The UMHA has the right to reject an individual in the firm and/or to request a change in staffing on the proposed scope and/or to refuse a change in staffing on the proposed scope, before and during the completion of the scope of work.
NON-DISCRIMINATION
Attention is called to the fact the Respondent must ensure that employees and applicants for employees are not discriminated because of their race color, religion, sex or national origin.
HUD APPROVAL
The Respondent is advised that fee, contract award, contract documents, notice of award, notice to proceed and payment for services may be subject to HUD approval, and withholding of contract approval by HUD shall immediately nullify the contract without liability by either party irrespective of whether the contract was executed by any one or both parties.
SECTION 3
The contract is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968 as amended. This provides special consideration of qualified Section 3 firms in addition to training, employment, and business opportunities, if feasible, for lower-income residents, as defined by HUD, of the project area.
COMMUNICATION WITH RESPECT TO THE RFP
To maintain the integrity of the procurement process, all communication regarding this RFP must be presented to the UMHA’s contact. Respondents are instructed not to communicate with residents, other UMHA staff and/or Board members about this procurement during the procurement period. Evidence of any such communication by any Respondent may be cause for disqualification from this procurement.
6. STANDARD UMHA PROPOSAL TERMS AND CONDITIONS
Proposers are requested and advised to be as complete as possible in their response. The UMHA reserves the right to 1) contact any proposer to clarify any response; 2) contact any current users of the proposer’s services; 3) solicit information from any available source concerning any aspect of the proposal; 4) check references; 5) conduct credit and Lexus Nexus checks; and, 6) seek and review any other information deemed pertinent to the evaluation process.
The UMHA reserves the right to cancel this RFP, or to reject, in whole or in part, any and all proposals received in response to this RFP, upon its determination that such cancellation or rejection is in the best interest of RFP. The UMHA further reserves the right to waive any minor informalities or the failure of any Proposer to comply therewith, if it is in the public interest to do so. Finally, the UMHA reserves the right to terminate the RFP process at any time, if deemed by the UMHA to be in its best interests.
The UMHA reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services.
The UMHA reserves the right to cancel this RFP or contracts resulting from the project in the event of the unavailability of funding or any other reason.
The UMHA reserves the right not to award a contract pursuant to this RFP. Proposals which appear unrealistic in the terms of management commitments or are indicative of failure to comprehend the complexity of this RFP and subsequent contracts may be rejected.
The UMHA reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon 10 days written notice to the successful proposer(s).
This request does not commit the UMHA to award a contract or to pay for any costs incurred in the preparation of any proposal to this request. The Proposer assumes all responsibility for submission of proposal and meeting of required deadlines. The UMHA reserves the right to negotiate the fees proposed by the proposer entity.
The UMHA reserves the right to accept or reject any or all of the proposals received. It also reserves the right to negotiate with all qualified and approved proposers or to cancel all or any part of this request for proposal. Proposers may be required to participate in negotiations that could result in revisions to the proposal.
The UMHA reserves the right to retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals without the written consent of the UMHA Contracting Officer (CO).
The UMHA may award a contract based solely on the proposal received without further discussion with the proposer. Therefore, proposals received should reflect the most favorable terms from a cost/benefit standpoint. The may request additional data, discussion or a presentation of the proposal.
The UMHA will reject the proposal of any Proposer who is debarred by the U. S. Department of Housing and Urban Development (HUD) from providing services to public housing authorities and other HUD grantees, and reserves the right to reject the proposal of any Proposer who UMHAs previously failed to perform any contract properly for the UMHA.
The determination of the criteria and process whereby proposals are evaluated and 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 UMHA.
The purpose of this RFP is to solicit meaningful proposals so that the UMHA may select, from among a range of proposals that which best meets its needs and requirements. It is further desired that the RFP process will ensure cost-competitiveness among Proposers. The UMHA urges all interested Proposers to carefully review the requirements of this RFP. Written proposals containing the requested information will serve as the primary basis for final selection, supplemented by other means as described below.
All proposals will be reviewed by the UMHA based on the evaluation criteria contained in this RFP. The UMHA will select the top proposer based upon our evaluation of the proposal, and the fee proposal (not necessarily the lowest pricing). The specific evaluation criteria and respective weighting are detailed in this proposal. The UMHA reserves the right to include interviews by telephone or in person if it determines this is necessary.
The UMHA expects to enter into contract negotiations with the top ranked individual, during which the UMHA and the proposer will resolve any necessary issues that need to be addressed prior to entering into a contract. If, in the sole judgment of the UMHA, these negotiations are not successful, we reserve the right to enter into negotiations with other individuals, proceeding in the order of their initial ranking. Proposals may be withdrawn by written request prior to award.
Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The UMHA and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures.
The successful Proposer may not assign their rights and duties under an award without the written consent of the UMHA. Such consent shall not relieve the assignor of liability in the event of default by the assignee.
The UMHA is committed to promoting participation in our contracts by businesses owned and operated by minorities and women and Section 3 Business Concerns. It is the policy of the UMHA to use best good faith efforts, consistent with applicable federal regulations, to fully promote participation and utilization of these firms in all areas of contracting. Selected Proposers are expected to demonstrate diligence to achieve participation and utilization.
Upon award, the selected Proposer will be required to enter into a confidentiality agreement to safeguard client data and protect proprietary information.
The UMHA reserves the right to determine the days, hours and locations that the successful proposer(s) shall provide the services called for in this RFP.
Proposer will ensure that it and persons working on its behalf do not undertake any representation or other relationship that places it in an actual or potential conflict of interest position with any other entity. The UMHA requires the proposer to disclose the conflict in writing to the Executive Director. The UMHA’s consent and waiver to the conflict must be obtained in writing.
The selected proposer shall furnish the UMHA original Certificates of Insurance evidencing the required coverage on the effective date of the Agreement(s) resulting from this RFP.
The proposer shall give the UMHA permission to perform credit check and Lexus Nexus check during the course of evaluating proposal.
The UMHA retains the right of final approval of any sub-contractor of the selected individual or firm who must inform all sub-contractors of this provision.
All documents produced under contract to the UMHA must be submitted to the UMHA both in hard copy and a digital format that meets the UMHA’s requirements, using Microsoft Word and other programs in a PC-compatible format. All documents and products created by the selected individual or firm and their sub-contractors shall become the exclusive property of the UMHA.
By responding to this RFP, the Proposer acknowledges that for any contract signed as a result of this RFP, the authority to proceed with the work is contingent upon the availability of funding.
The UMHA is committed to affirmatively further fair housing for all persons regardless of race, color, national origin, religion, sex, sexual orientation, or familial status. We comply with Title VIII of the Federal Civil Rights Act of 1968, also referred to as the "Fair Housing Act," which prohibits discrimination against occupants on the basis of race, color, religion, sex or national origin. The UMHA also adheres to the Federal Fair Housing Amendments Act of 1988 Section 504 of the federal Rehabilitation Act of 1973, the Americans with Disabilities Action (ADA) of 1990, the New York State Human Rights Law, and Section 602 of the New York State Private Housing Finance Law. The "Fair/Equal Housing Opportunity" logo must be displayed on any advertisements in connection with the project. All contractors retained for our projects must promote fair housing and comply with the Fair Housing Act and fair housing laws and regulations.
The contract may be terminated by either party upon written ten (10) days’ notice prior to cancellation.
The UMHA will award a contract according to the Evaluation Criteria contained herein, provided the Proposal is in the best interest of the UMHA. The proposer to whom the award is made will be notified at the earliest practicable date. No award may be made to a person who is on the list of entities ineligible to receive awards from UMHA, State of New York, or the United States, as furnished from time to time by HUD.
All costs incurred in the preparation and presentation of proposals shall be wholly borne by each proposer. All supporting documentation and manuals submitted with each proposal will become the property of the UMHA unless otherwise indicated by the proposer at the time of submission.
The UMHA is not liable for any costs incurred by any proposer prior to issuance of a Notice to Proceed.
Any materials submitted by proposer that is to be considered as confidential must be clearly marked as such.
Insurance
The Attorney or Firm shall be responsible for maintaining during the life of the contract the
following types of insurance with minimum acceptable limits as set forth below:
TYPE LIMITS OF LIABILITY
Workers Compensation Statutory-NYS
Employers Liability $100,000 Each Accident, Bodily Injury
$100,000 Each Employee, Disease
$500,000 Policy Limit, Disease
Commercial General Liability $1,000,000 Each Occurrence Limit
(Occurrence-based only) $1,000,000 General Aggregate Limit
Business Auto Liability $1,000,000 Each Accident
Professional Liability (E&O) $1,000,000 Per Claim Limit
The insurance carriers providing the required coverages shall (a) be licensed in the state
where the Consultant is headquartered, (b) rated no lower than “A-” by the most recent
Best’s Key Rating Guide, and (c) have a Best’s Financial Size Category of not less than
VIII, unless otherwise agreed to by the RFP Requester.
For any liability poli
RFP Documents
Attached Documents:
Filename
Size
HUD Form 5369-a Representations, Certifications.pdf
190.72 KB
UMHA Noncollusive Affidavitt Form.pdf
11.49 KB
Sample Contract Form.doc
178.5 KB
Addenda
Issued: 04/18/2024 - 11:38 PM UTC
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ADDENDUM ONE - General Counsel Legal Services RFP
Questions and Answers
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Pricing Items for Solicitation #: 2024-2 - General Counsel Legal Services
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Qty
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1
Each
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End of Solicitation # 2024-2 05/11/2024 02:31:50 PM UTC
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