REQUEST FOR PROPOSALS



REQUEST FOR PROPOSAL (RFP)REAL ESTATE COUNSELSCOPE OF WORKQUALIFICATIONS:It is important that the respondent(s) possess the necessary skills and qualifications to successfully represent PCC in various legal matters. Therefore, PCC has established the following criteria:Respondent(s) must be a graduate of an accredited law school, must be a member of the Connecticut Bar. Respondent(s) must have prior experience in Low-Income Housing Tax Credit (LIHTC), Connecticut Housing Finance Authority (CHFA) and Department of Housing and Urban Development closings.Respondent(s) and/or all attorneys being bid from a particular team/firm must have at least ten (10) years’ experience practicing law in Connecticut with at least five years of litigation experience.Respondent(s) must maintain professional liability insurance in the amount of $1,000,000 for the duration of its contract with PCC, and PCC must be named as coinsured.Respondent(s) must be willing to enter into a contract with PCC.Respondent(s) must provide a certified statement that the attorney(s) or firm is not debarred, suspended or otherwise prohibited from doing business with any federal, state or local agency.SCOPE OF SERVICES:The successful respondent(s) must be able to provide legal services for the following scope of services:Real Estate CounselThe real estate attorney will represent the housing authority in all aspects of acquisition, development, financing and operation of multifamily housing, including senior housing and affordable housing. The Attorney will negotiate development terms, loans closings and handle various aspects of housing and community development projects. The Attorney will regularly provide advice regarding the operation of public housing projects and other low-rent housing programs, and mixed finance structured development activities. Key duties include:Negotiating, preparing and reviewingof all contracts, agreements, evidentiary opinions, documents and other writings necessary to implement development-related work. Examples of such materials include documents such as ground leases, regulatory and operating agreements, declarations of trust and restrictive covenants, management agreements, 3 development agreements, mixed finance amendments to the ACC, program income agreements, loan documents, and documents utilized and required in connection with RAD transactions. Identifying regulatory, statutory and other legal concerns or issues that must be addressed with regard to the development projects and all real estate related activities. Preparing and implementing any alternative funding proposals or agreements, including but not limited to, one or more Low-Income Housing Tax Credit (LIHTC) proposals and tax-exempt bond funding. Negotiating agreements, draft contracts and/or review agreements related to any non-residential development on-site or off-site in the development projects' impact areas. Assisting with real estate acquisition and real estate disposition matters involving public and private real estate opportunities and other property related issues, i.e., title clearance, condemnation, environmental mitigation, etc. Assist with residential real estate mortgage loan closings and in legal matters involving HUD, and other alternative funding agencies' regulations, rules, and procedures including, but not limited to, Low-Income Housing Tax Credit (LIHTC) and all relevant HUD funded programs. Draft and/or review development incentives program applications for development tax credits, loan, grant programs, and New Markets Tax Credits. Represent PCC before federal, state and local administrative agencies and departments regarding funding applications, zoning, obtaining licenses and permits, and other matters related to development and redevelopment.Experience in all aspects of tax credit transactions, including the tax, real estate, corporate and finance skills needed to successfully close these transactions.EVALUATION CRITERIA:PCC shall establish a technical evaluation committee which shall review all technical proposals solely on the basis of qualifications and technical merit. A separate cost proposal evaluation shall be conducted by the Contracting Officer to determine the reasonableness of cost. All firms deemed to be in the competitive range may be invited for an interview. PCC reserves the right to hold discussions and award multiple contracts for various services under this solicitation if deemed necessary. Specific criteria upon which proposals will be reviewed during the process and their representative weight is detailed below:The 3-member Technical Evaluation Committee will be comprised of three (3) PCC staff persons and chaired by non-scoring PCC staff member.Contract Award Process:The Contract Award process will consist of an evaluation of the technical qualifications and capacity of the Offerors based upon the Evaluation Criteria set forth below. The technical evaluation committee will review, score and rank the technical proposals submitted by each Offeror in accordance with the pre-established criteria. For the purpose of conducting negotiations, proposals will initially be classified as acceptable, potentially acceptable, or unacceptable. Proposals determined by the Contracting Officer to be either acceptable or potentially acceptable and that have a reasonable chance of resulting in a contract award will be included in the competitive range. PCC may select one or more entities for contract award.Threshold Evaluation Criteria:Review: All RFP responses received on or prior to the date and time due will be reviewed to determine that the responses meet the threshold submission requirements of the RFP. Threshold review consists of the following:Evaluation CriteriaMax PointsEvidence of Professional Qualifications 30 pointsOfferor’s Approach to Providing Required Services 20 pointsKnowledge of Applicable Statutes, Codes and Regulations 10 pointsRelevant and Past Summary Process Experience 10 pointsRelevant and Past Real Estate Counsel Experience10 pointsCost Effectiveness of Services Proposed 20 pointsBONUSSection 3 Participation 5 pointsMBE/WBE Firm 5 pointsMAX TOTAL POINTS110 pointsA Maximum of 110 Points may be awarded.Minimum Acceptability Determination:Acceptable Proposals: Proposals receiving an initial score of 70% or more of the total possible points shall be deemed acceptablePotentially Acceptable Proposals: Proposals receiving an initial score of 60% or more but less than 70%Unacceptable Proposals: Proposals receiving an initial score less than 60% Acceptable Proposals: The Committee shall determine which proposals are within the acceptable range. Unless one proposal is clearly above the rest, then all Offerors with an Acceptable score shall be interviewed by the Committee.Negotiations: HUD Procurement Handbook allows considerable flexibility so long as each proposal is treated fairly and consistently. Once negotiation sessions are completed, each firm may be requested to submit its Best and Final Offer. ................
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