REQUEST FOR PROPOSAL (RFP)
The SRHA, located in Fort Yates,ND, is seeking proposals from qualified contractors to provide asset management services for Low Income Housing Tax Credit(“LIHTC”) housing as follows:
- Contract Term: The initial term of the contract will befor one (1) year, provided that the contract will be terminable at-will by theSRHA.
LOW INCOME HOUSING TAX CREDIT (LIHTC) ASSET MANAGEMENT SERVICES
RFPID: 2003134
Date: Wednesday,May 05th, 2023
STANDING ROCK HOUSING AUTHORITY
REQUEST FOR PROPOSALS
ASSET MANAGEMENT SERVICES -LOW INCOME HOUSING TAX CREDIT (LIHTC) — RFP #2003134
ISSUE DATE: Wednesday, May 3, 2023
PROPOSAL DEADLINE: *Re-Posting* OPEN UNTIL FILLED
SENDPROPOSAL BY MAIL OR HAND-DELIVERY TO: StandingRock Housing Authority
POBox 769
133392nd Street
FortYates, ND 58538
I. Scope of Request for Proposals
This Request for Proposals(“RFP”) issued by the Standing Rock Housing Authority (“SRHA”) is initiallylimited to proposals from contractors who are TERO-certified and Indian-ownedunder Standing Rock Sioux Tribal law. If SRHA finds that no TERO-certified andIndian-owned contractor which has submitted a proposal is qualified as providedherein, this RFP shall be re-issued for proposals by all contractors,regardless of certification and ownership.
II. Scope of Services
The SRHA, located in Fort Yates,ND, is seeking proposals from qualified contractors to provide asset managementservices for Low Income Housing Tax Credit (“LIHTC”) housing as follows:
- Contract Term: The initial term of the contract will befor one (1) year, provided that the contract will be terminable at-will by theSRHA.
- Services to be Performed by Contractor: Contractorshall provide asset management services to SRHA including, but not limited to:
o Conduct initial move-in tenant file review andapprovals to ensure all tenant files are properly documented to satisfy LIHTC requirements.
· Maintain off-site duplicate copies of allinitial tenant file documents for a minimum of 21 years;
· Provideelectronically scanned copies of all tenant files upon request.
o Set up initial tenant files with appropriate BINnumbers, Tenant Income Certifications, and support documentation to satisfyLIHTC, state housing and investor requirements.
o Assist with the annual and interim tenantrecertifications, including reviewing and approving the same, establishingprocedures to track recertification due dates and procedures to assist inensuring accuracy and timely delivery of all required recertifications.
o Assist with the preparation and delivery of alldocumentation required by the investor to ensure receipt of the finalpayment/developer fee.
o Assist in the preparation of all documents necessaryfor state housing agencies to issue Form 8609’s for the LIHTC project, whichshall include working with third-party accountants to provide information forthe final cost certification.
o Conduct 12 on-site visits to the Reservation over the36-month period contemplated in the contract to assist staff in developingcustomized and project-specific management systems and procedures to ensuretimely, accurate and appropriate documentation to meet LIHTC, NAHASDA and otherfinancing program requirements. Each such visit shall consist of a minimum ofthree (3) business days on-site;
o Train and assist in the preparation of all state andinvestor-required compliance reports. This may also include compliancereporting required by other sources of financing utilized by the LIHTC project;
o Provide introductory, advanced and on-going continuingeducation and training of SRHA staff and Board members, as well as members ofthe Standing Rock Sioux Tribal Council, regarding the LIHTC program.
o Assist SRHA in drafting and amending policies andprocedures on matters related to asset management, including the development ofLIHTC post 15-year compliance policies and conversion to homeownership policies.
o Assist with the resolution of problems associated withoperations and/or compliance finding related to state agencies and/orinvestors. This includes: 1) assistance related to the receipt of Form 8823srelated to the LIHTC project, and 2) assistance with HUD ONAP audit findings orcompliance issues related to the use of NAHASDA funds on LIHTC projects.
o Coordinate with third-party accountants in preparationof cost certifications, annual tax returns and annual audits.
o Assist in the preparation of annual LIHTC project budgets.
o Assist with and/or recommend procedures and softwareprograms that will assist staff in properly tracing all LIHTC income and expenses.
o Review property management software data to ensure thatall LIHTC project information has been properly entered in the propertymanagement software currently being utilized by SRHA.
o Provide recommendations for needed property managementsoftware systems and/or upgrades.
o Assist in the review and implementation of propertymanagement software systems;
o Be available by phone, fax and/or email to answer anyquestions SRHA staff may have relating to tenant eligibility, reportingrequirements and any other compliance/LIHTC related issues.
- Location of Services: SRHA believes that, while acontractor will be required to perform the onsite visits as set forth herein,to properly perform under the contract, the majority of the contract must beperformed throughout the year at the location where the contractor’s primarybusiness is conducted. Where “primary business is conducted” is not solely thelocation of the contractor’s formal headquarters, but where individualsemployed by the contractor are actually performing the services set forthherein.
- Contractor Qualifications: SRHA shall only considerproposals submitted by qualified firms. It is the burden of the contractorsubmitting a proposal to include all information relevant to a determination ofqualification for the contract. Failure to disclose any potential disqualifyinginformation may, in the SRHA’s discretion, alone be grounds for a finding thecontractor is not qualified. For the purpose of this contract, contractors areonly qualified if they:
o Have the financial and administrative capabilities toperform any and all asset management services as contemplated by this RFP.
o Have the technical qualifications and ability toperform any and all asset management services as contemplated by this RFP.
o To the extent the contractor - or any owner or keypersonnel of the same - has had prior business with SRHA, there is a record ofsatisfactory past performance.
o That no contractor - nor owner or key personnel of thesame - has anything in their history which would cause a reasonable person toobjectively believe the contractor, owner or personnel: (1) lacks the integrityand/or trustworthiness to work with SRHA under a contract, (2) has committedprior misconduct in the fields of asset management, tribal housing, and/ortribal governments; and/or (3) the contractor – or any owner or key personnel –cannot have an productive working relationship with SRHA
o The contractor – nor any owner or key personnel – maynot be disbarred, suspended or determined ineligible as provided under federalregulation, nor included on a list of excluded contractors by the GeneralServices Administration. The SRHA shall also contemplate in its award previoussuspensions of business licenses or poor performance by and/or for the StandingRock Sioux Tribe or any entity thereof.
- ContractProvisions: Any contract entered into as a result of this RFP shall includebinding language providing that:
o Any and all disputes under the contract shall beresolved by binding arbitration. Any such disputes shall be governed by thelaws of the Standing Rock Sioux Tribe.
o All documents, analysis, reports, designs, drawings,specifications, and other work developed in the performance of this agreementby the contractor shall be or become the sole property of the SRHA and shallnot be used for any other purpose, nor shall the same be released to any thirdparty without the express written consent of the SRHA.
o If there is any debt owing by the contractor - or owneror key personnel of the same - to SRHA, strict repayment provisions, theviolation or denial of which shall be immediate grounds for termination and/oraward of the contract.
o The contract shall be terminable by SRHA with orwithout cause.
o Other provisions as required by Tribal law, SRHA policyand/or federal law.
- Minimum Information Required in Proposal: All proposalsshall include, at minimum, the following information as a condition precedentfor a contractor to be considered for award of the contract:
o All expenses that will be incurred, billing rates andhourly fees and annual costs. If applicable, provide a list of pricing or costfor travel, expenses and any other elements included in the proposed contractprice.
o A detailed description of the services to be provided.
o A company resume that includes relevant experiences ofthe company staff in asset management, including length of experience workingwith Indian Housing Authorities, asset management services LIHTC projects
o A list of five (5) references. References must be fromorganizations with experience in administering NAHASDA funds and LIHTCprojects.
o Document relevant experience with NAHASDA, HUD, Tribesand Indian Housing Authorities
o A commitment that the company is able and willing toprovide on-site personnel as needed to assist with LIHTC project-related issuesand staff training
o Information which shows the contractor is qualified forthe contract as provided in this RFP, and the disclosure of any potentialdisqualifying information regarding the contractor, or any owner or keypersonnel of the same.
o Documentation verifying whether the company iscertified by TERO as an Indian-owned and operated business, and documentefforts the business makes and will make to ensure that Indian preference isused in its hiring and employment practices.
o HUD Form 5369-C, a copy of which is available from SRHAupon request
- Contract Award Process. Upon receiving any and allproposals by the deadline provided herein, SRHA shall make a determination thateach proposed contractor is qualified as provided herein. If the contractor isdetermined to be unqualified, SRHA shall send the proposed contractor a writtennotice of the same and provide details on why the proposed contractor is notqualified. SRHA shall then award the contract based on price.
o Indian Preference: SRHA first limitsits pool of contractors to Indian-owned, certified entities. If noIndian-owned, certified entity that has submitted a proposal by the deadline isdetermined to be qualified, SRHA shall then open bidding to allcontractors.
Contactfor Additional Information:
If any contractor hasquestions about any aspect of this contract or proposal - or wishes to havemore detailed information about SRHA staffing, housing units, programs, andbudgets, and SRHA’s operations and projects – please contact :
ElizabethMayquomenbenais-Jones SRHA Administrative Officer, or Barbara Little Owl SRHAExecutive Director at (701) 854-3891
- Requirements in Submission of Proposals: The followingrequirements must be met in order to be considered for award of the contract.
o All proposals are due no later than *Re-Posting* OPEN UNTIL FILLED.
o Proposals must be received by SRHA via mail or handdelivery to the main SRHA building by the deadline. The address proposers shall use is: 1333 92nd St, PO Box 769,Fort Yates, ND.
o No facsimile or emailed proposals will be accepted.
o Proposed shall be addressed to the AdministrativeOfficer
o Submissions must include three (3) copies of theproposal in a sealed envelope with a notation on the envelope that the proposalcontains “Housing Authority Asset Management Proposal.”
o The SRHA reserves the right to reject all proposals inthe best interests of the SRHA and/or to negotiate with contractors regardingproposals submitted for consideration when deemed to be in the best interestsof the SRHA.
Proposals shall comply with requirements setforth in this RFP or shall be determined to be a incomplete proposal