LISC NY New York Land Opportunity Program Request for Proposals - Master Developer

REQUEST FOR QUALIFICATIONS FOR CO-DEVELOPER FOR 1175 BOSTON ROAD, THE BRONX, NY 10456

For years, LISC NY has partnered with Mission-Driven Organizations/Faith-Based Organizations (MDOs/FBOs) to promote community and economic development. MDOs/FBOs provide much- needed services to their communities. These services include housing, feeding those in need, helping individuals find stable, family-sustaining employment, supporting small businesses and job creation, providing wrap-around mental health services, and improving community safety to help build and stabilize vulnerable neighborhoods.

MDOs/FBOs offer vital resources that contribute to these goals, including:

    • Community Relationships and Leadership
    • Land in High Opportunity Areas
    • Tax-Exempt Status
    • Organizational Time, Volunteers, Finances, and Land

    LISC     NY NYLOP focuses on helping MDOs/FBOs use these resources to develop affordable housing on their vacant or underutilized property. LISC NY issued a Request for Expression of Interest (RFEI) to MDOs/FBOs to participate in the 2022 round of NYLOP. New Covenant Faith & Miracle Arena (NCFMA) was selected as a member of the 2022 cohort.

    LISC     NY has engaged Censere Consulting LLC as the development consultant to lead a team of Housing Development Experts, including Goldstein Hall PLLC as the legal consultant and WXY Studio (WXY) as the architectural consultant, to help move NCFMA Project from an idea to a conceptual plan to build affordable housing on their real estate. The NYLOP model calls for these organizations to develop a conceptual plan that will be used as the basis for them to issue an RFQ to select a Co-Developer Partner.

    LISC     NY in conjunction with the NCFMA is issuing this Request for Qualifications (RFQ) to qualified developers to partner with NCFMA to develop 1175 Boston Road. The property is currently owned by NCFMA. Per this RFQ, LISC NY is requesting qualifications from qualified Respondents to serve as a Co-Developer with NCFMA to develop the Project. This RFQ package includes the instructions and requirements governing this solicitation process, the Scope of Services to be performed, and other pertinent information. This information may be downloaded from the LISC NY website at www.lisc.org. In addition, all firms must provide an email address where LISC NY will send subsequent communications.

    Respondents         can      submit       their       responses     to       the      RFQ     by      clicking   on , completing the application, and uploading the required exhibits. The application deadline is 3:00 P.M. EST, February 18, 2025. NCFMA and LISC NY will evaluate and score the responses based on the evaluation criteria outlined herein.

    LISC NY and NCFMA reserve the right to reject all proposals and waive any informality in the     procurement process. LISC NY and NCFMA will not be liable for any claims, losses, damages, or respondent costs resulting from any part of this RFQ process. At their sole discretion, LISC NY and NCFMA reserve the right to adjust this RFQ Schedule as necessary. LISC NY will communicate adjustments to the RFQ Schedule as an amendment hereto.

    Monica Dean
    Director of Housing
    LISC New York | Local Initiatives Support Corporation

    RFP SCHEDULE

    The following RFQ Schedule represents NCFMA’s estimate of the timetable that will be followed in connection with this solicitation:

     

     

    DATE

    TIME

    Issue Date:

    Thursday, January 16, 2025

    N/A

    Non-Mandatory Information Session:

    Tuesday, January 28, 2025

    2:00 P.M. EST.


    Register via Zoom (registration required)

     

    Passcode: xCzN6cLm

     

    Deadline for Questions:

    Monday, February 3, 2025

    3:00 P.M. EST

     

    Responses to these questions will be addressed in writing and issued as an addendum to this RFQ.


    Please email all questions to NYLOP@lisc.org


    NCFMA will not respond to questions submitted after the deadline.

    Responses to Questions:  

    Monday, February 10, 2025


    Posted on the LISC NY Website

     

    Proposal Due Date:

    Tuesday, February 18, 2025

    3:00 P.M. EST.

     

    NO APPLICATIONS WILL BE ACCEPTED AFTER THE DEADLINE

    Team Evaluation Period:

    Three Weeks

    Team Meeting:

    TBD

    Interview (if applicable):

    TBD


    NCFMA reserves the right, at its sole discretion, to adjust this RFQ Schedule as it deems necessary. If necessary, NCFMA will communicate adjustments to the RFQ Schedule as an amendment to this RFQ.

    RFP CONTACT                                                                                       


    The Point of Contact for this RFP is:

    Jimmy Miller, Development Consultant

    NYLOP@lisc.org


    Communications


    All procurement actions facilitated by NCFMA will be conducted openly, transparently, and competitively. NCFMA will consider competitive transaction pricing, quality of work, reputation, and referrals, and understanding of the solicited deliverables and requirements. NCFMA supports the solicitation of proposals from all markets with no geographical preferences and gives all qualified businesses, including those that are owned by minorities, women, and small business enterprises, opportunity to do business with NCFMA as contractors and subcontractors.


    To maintain a fair and impartial competitive process, NCFMA and any outside consultants assisting NCFMA with this solicitation shall avoid private communication concerning this procurement with prospective Respondents during the entire procurement process. Accordingly, from the issue date of this RFP until the final award is announced, Respondents are not allowed to communicate about this RFP for any reason with any NCFMA staff or outside consultants assisting NCFMA with this solicitation except:


    Through the RFP Point of Contact named below,

    • As otherwise specified in this RFP or
    • As provided by existing work agreement(s) (if any)

    Prohibited communications include all contact, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. NCFMA reserves the right to reject the proposal of any Respondent violating this provision.

    INTRODUCTION

    OVERVIEW OF NYLOP


    LISC NY has partnered with Mission-Driven Organizations (MDOs) and Faith-Based Organizations (FBOs) to promote community and economic development for many years. MDOs and FBOs often provide much-needed services to their communities. These services include housing, feeding those in need, helping individuals find stable family-sustaining employment, building up businesses to create jobs, providing wrap-around mental health services, and improving community safety to help stabilize neighborhoods.


     MDOs and FBOs have several vital resources that contribute to these goals, including:


    • Community Relationships & Leadership
    • Land in High Opportunity Areas
    • Tax-Exempt Status
    • Organizational Time, Volunteers, and Finances & Land


    The LISC NY NYLOP focuses on helping MDOs, and FBOs use these resources to develop affordable housing on their vacant or underutilized property. LISC NY issued a Request for Expression of Interest (RFEI) to MDOs and FBOs to participate in the 2023 round of NYLOP). The program was expanded to include localities outside of New York City and to Western New York.  was one of the seven groups selected as a member of the 2023 cohort.


    LISC NY has engaged Censere Consulting LLC as the development consultant to lead a team of housing development experts, including Goldstein Hall as the legal consultant and ESKW as the architectural consultant, to help these organizations move from an idea to a conceptual plan to building affordable housing on their real estate. The NYLOP model calls for these organizations to develop a conceptual plan that will be used as the basis for them to issue a Request for Proposals to select a Developer Partner.   


    BACKGROUND INFORMATION ON NCFMA


    Apart     from more than five church buildings developed in the Bronx over the past 20 years including the acquisition of the former Bronx Tower Theatre, 1167-1175 Boston Road, which was completely abandoned and renovated at the same at the cost of more than $7 million in 2002. This property is presently housing NCFMA Worship Cathedral Educational Facilities and Conference Center. However, NCFMA’s major project did not start until 2009 when they purchased vacant land at 1191 Boston Road, Bronx at the cost of $2.5 million for the purpose of developing a Church and educational complex for the South Bronx Community.

    In 2012, through the excellent leadership of the Archbishop Dr. Joseph Alexander, NCFMA and Common Ground, a New York City-based not-for-profit developer, joined hands to develop a supportive residence with veteran’s focus on the vacant land previously acquired by the Church. Common Ground and NCFMA co-sponsored and jointly developed a project, which is a mix of veterans, formerly homeless people in Community Board 3 in the Bronx. The project consists of 157 units of which 63 units are set aside for low-income people from the community, 94 units for formerly homeless singles including veterans receiving 40% preference. The project was fully completed in 2016 at the cost of $50,000,000. NCFMA specific involvement in this project included financing negotiation with banks, HPD, Tax Credit processes/sales and contribution from elected officials including the Borough’s allocation.

    Archbishop Dr. Joseph Alexander is major leader in Charismatic Churches and currently serves as the archbishop in over 150 Churches in the United States and abroad. He has financial expertise and has over the past 37 years negotiated with banks, mortgage companies and package financing more than $250,000,000 in real estate purchases, building development church schools, apartment buildings etc. for churches under his apostleship. He has full grasp and experience in financing not-for-profit corporations, securing various entitlements such as tax credits and exemption. He brings this experience to work for the Church which he is a part of daily.

    NCFMA owns property at 1175 Boston Road, Bronx NY, 10456. The property houses a sanctuary space, community spaces, educational space, daycare, church office space, and additional office space. The church has transferred 49,616 square of development rights from Lot 43 to Lot 38 via ZLDA. Lot 43 (1175 Boston Road has as-of-right total development rights remaining of 83,838 square feet.

    INVITATION FOR PROPOSALS


    The NCFMA invites qualified firms to submit responses to this RFP to serve as Co-Developer for the Development of the Site. Interested respondents must submit their responses per the guidelines outlined in this RFP by Tuesday, February 18, 2025 at 3:00 P.M. EST. 


    NCFMA and LISC NY will evaluate and score the responses based on the evaluation criteria outlined herein.


    LISC NY and NCFMA reserve the right to reject all proposals and waive any informality in the procurement process. LISC NY and NCFMA will not be liable for any claims, losses, damages, or respondent costs resulting from any part of this RFQ process. At their sole discretion, LISC NY and NCFMA reserve the right to adjust this RFQ Schedule as necessary. LISC NY will communicate adjustments to the RFQ Schedule as an amendment hereto.

    SCOPE OF SERVICES



    SITE CONCEPT PLANS 


    NCFMA has developed two Site Plan Concept for the subject site; Option A and Option B. NCFMA requires temporary relocation space to house its operations during construction.


    Option B is the preferred plan. Option B is a limited senior unit plan that provides for 92 as outlined below. This plan outlines 16,730 sq ft for parking, 880 sq ft for church support space in the basement, 4,100 sq ft for early childhood education space, 3,940 sq ft of church support space above ground, 1,570 sq ft for residential lobby and amenities, 910 sq ft for credit union, 1,010 for courtyard, and 9,160 sq ft of sanctuary space on the first floor. The plan also provides for 64,966 gsf for residential areas from floors two-eight.


    The preliminary affordability mix and bedroom size mix to be accomplished in the implementation of the concept plan is as follows:


    Bedroom Size

    Unit Mix

    Percentage

    Studio

    19

    20

    1 Bedroom

    67

    73

    2 Bedroom

    6

    7

     

     The proposed Concept Plans is attached hereto as Attachment A.


    SUMMARY OF SERVICES


    The Co-Developer and NCFMA shall co-manage a full-service Development Team to refine and implement the Site Concept Plan and direct the Project's design, development, and financing. The Co-Developer, subject to the financing and implementation plan, shall propose and incorporate a variety of funding sources, including Low-Income Housing Tax Credits (LIHTC), Bond Financing, Federal Home Loan Bank, Permanent Debt, CDBG, CDBG-DR, FEMA, HOME Investment Partner(s)ships (HOME), Private Foundation Funds and such other sources as may be available and appropriate. The Co-Developer is expected to be experienced with the requirements of all financing programs proposed for use. The NCFMA will undertake no financial or guaranty obligations unless explicitly accepted in writing by the NCFMA.


    The selected Co-Developer will implement the development program pursuant to the Master Development Agreement (MDA) between the Co-Developer and the NCFMA.


    The NCFMA also reserves the right to select one or more Co-Developers. The Co-Developers will work solely with NCFMA to develop the Project.

    ROLE OF NCFMA


    NCFMA, though an affiliate will be a co-owner (preferably with a majority interest) and must be included in and have the approval of key decisions in all aspects of planning and development of the Project, including but not limited to preparing documents, discussions with potential and selected investors, meetings with contractors, consultants and stakeholders and selecting key team members.  Any reference in this RFP to NCFMA having rights of review, approval, etc. that reference to NCFMA in those contexts shall mean NCFMA and/or NCFMA's affiliate.


    Predevelopment


    As noted above, NCFMA has completed a significant part of the required pre-development activities and will be involved in refining and completion of the predevelopment process, including review and must approve all project contracts, invoices, and draws for approval. 


    Investor Solicitation – NCFMA will review the Co-Developer construction financing and equity investor solicitation, the list of potential investors, and the responses. The Co-Developer shall conduct the investor solicitation process in a form that ensures maximum participation.


    Participation in Site/Unit Designs – NCFMA expects the Co-Developer to review the conceptual design completed for the Site and use it as the basis for preparing further design documents. Note that NCFMA has completed 90 percent of the construction drawing for the mixed-use building. NCFMA will be involved throughout the design process and will work with the Co-Developer to finalize the design and construction documents. Also, NCFMA will review and approve the construction drawings and specifications.


    Property Management – NCFMA, in conjunction with the Co-Developer shall select the property manager, subject to the reasonable review and approval of the Co-Developer, lender, and investor. 


    Marketing and Lease-up - The property manager, selected by NCFMA and approved by the Co-Developer, shall create, and implement a marketing and lease-up strategy for the rental units and, if applicable, commercial, or retail space, to ensure that stabilized occupancy is achieved in compliance with all applicable financing and land-use agreements.


    Financing


    Predevelopment Funding – NCFMA expects the Co-Developer to provide one hundred (100) percent of the pre-approved third-party predevelopment costs.


    Development Fees – NCFMA or its affiliate will act as co-developer and expects a minimum thirty (30) percent share of the Developer Fee (paid and deferred), but a more significant amount of development fee is preferred.


    Acquisition Financing – NCFMA owns the project site. Per State law, NCFMA must receive fair and reasonable compensation to transfer the property to the ownership entity. NCFMA expects the Co-Developer to obtain the financing necessary to compensate the Church for the transfer of the property. NCFMA also expects the Co-Developer to assist with structuring the acquisition of the Site through a sale or ground lease, whichever is mutually agreeable to NCFMA and the Co-Developer and acceptable to lenders and investors.


    Insurance Requirements – The Co–Developer shall comply with the insurance requirements outlined in Attachment C of this RFP and the insurance requirements of lenders and investors.


    Asset Manager – NCFMA will have asset management responsibilities related to units in which NCFMA or its affiliate has an ownership interest. NCFMA will monitor and enforce the terms of its lease and the Regulatory and Operating Agreement with the Co-Developer and require that all housing units be managed following applicable local, state, and federal requirements.


    Co-Developer Oversight 


    Asset Management – NCFMA will have asset management responsibilities related to units in which NCFMA, or its affiliate has an ownership interest. NCFMA will monitor and enforce the terms of its Lease and the Regulatory and Operating Agreement with the Co-Developer and require that all housing units be managed in accordance with applicable local, state, and federal requirements.


    Monitor Co-Developer's Compliance Davis/Bacon Wage Requirements- NCFMA will monitor the Co-Developer 's compliance with Davis/Bacon Wage Requirements and reporting.

    Contract Administration


    NCFMA will attend all construction meetings and reviews. Approve all construction drawings, amendments, and monitor the construction process from bidding to contract closeout.


                                                        MINIMUM REQUIREMENT FOR CO-DEVELOPER


    Respondents to the RFP must meet the following minimum requirements:

    • Must have at least five (5) years of experience developing affordable housing of comparable size and scope to the Projects outlined in this RFQ, including knowledge of and experience with 9% (LIHTC) Low-Income Housing Tax Credits.
    • Must have developed and completed at least two projects of comparable size and scope to the Project outlined in this RFQ within the last ten (10) years.
    • Must have experience successfully accessing private equity, debt financing, government grants, and/or loans and/or be able to do so reasonably.
                                                                               ROLE OF CO-DEVELOPER

    Throughout the development effort, including each component phase, the Co-Developer will work closely with all stakeholders, including NCFMA, NCFMA staff, NCFMA residents, NCFMA consultants, the surrounding community, the municipalities, and appropriate federal/local agencies. In addition, the Co-Developer will ensure that the development plan is approved, financed, and implemented promptly.

    General

    Assist NCFMA with refining its Site Concept to achieve its project objectives for the Project.

    Oversee and Implement Development Efforts – Provide the necessary staffing, expertise, supervision, and guarantees to implement all aspects of the Development fully and expeditiously as required by the Master Development Agreement (MDA). The MDA is a contract between NCFMA or an affiliate thereof and the Co-Developer that details the obligations of both parties and specifies the standards and conditions that will govern the development of the Site.

    In Cooperation with NCFMA, Hire and Manage Consultants and Development Team Members Necessary for Planning and Implementation – Note the NCFMA has engaged the services of an architect, site and civil engineer, financial consultant, and contractor. Development Team members must be submitted with the Offeror’s response to this RFP.

    Develop funding applications as necessary to fully implement the development strategy. Procure other consultants or contractors and coordinate all tasks required for all financing applications, finalizing the site-specific development plans and all implementation tasks. At a minimum, the Co-Developer will need to procure, oversee, and manage all consultants appropriately as necessary to complete funding applications, master planning, architectural, environmental review, market analysis, geotechnical studies, civil, mechanical, and electrical engineering, and any other activities deemed necessary by the Co-Developer and NCFMA. Respondents are strongly encouraged to demonstrate participation on their team, whether by joint-venture arrangements or otherwise, of local expertise in areas of relevance to the planning and development process, including LIHTC financing, design, and construction matters.

    Maintain Communication Regarding Project Progress with NCFMA, lenders, investors, all key stakeholders, and the larger public – NCFMA will establish a regular schedule of team meetings in which the Co-Developer will participate. Moreover, the Co-Developer will be responsible for submitting monthly progress reports to NCFMA in such formats and media as it might direct, on the project status and schedule, including but not limited to design, permits, financing, resident coordination, etc.

    Develop and Maintain Quality Control Measures – The Co-Developer is responsible for ensuring the Project is constructed and managed with the highest quality materials and workmanship. In addition, the Co-Developer will be required to implement quality assurance and control measures to ensure adequate performance by all parties in all aspects of the program.

    Develop and Maintain a Detailed Development Schedule and Critical Path Schedule – The Co-Developer will develop and maintain a detailed schedule of events predicated on financing deadlines that include predevelopment activities, construction start, project stabilization, and permanent loan close. In addition, develop a Critical Path Schedule for all phases of construction, and lease-up and stabilization.

    Be Responsive to Local Community, Neighborhood, and Governmental Interests – The Co-Developer will work with NCFMA to promote and maintain good relations with community and neighborhood groups, federal, state, and local governments.

    Compliance with Laws and Regulations – The Co-Developer will comply with all applicable federal and local laws, rules, and regulations applying to the activities required by the Master Development Agreement.

    MBE/WBE/BIPOC Opportunities – The Co-Developer will take all necessary affirmative steps to assure that disadvantaged, minority, women-owned business, and BIPOC-led enterprises (MBE/WBE/BIPOC) are used to the greatest extent feasible in compliance with federal policy and consistent with LISC NY and MOMB’Cs Employment, Training and Contracting Policy. NCFMA’s goals and expectations are that the Co-Developer will meet or exceed 30% of the total value of all contracts and subcontracts awarded to MBE/WBE/BIPOC-led firms.

    Local Contracting – The Co-Developer shall undertake reasonable efforts to involve qualified local consultants and contractors in the development effort. For this purpose, “local” means firms in Lackawanna, New York. It is important to note that the architect of record and engineers must be licensed to work in the State of New York and must be included in the Respondent’s Statement of Qualifications in response to this RFP.

    Relocation

    The Co-Developer shall be responsible for working with NCMFA to identify temporary relocation options during the construction period for the following program activities: 

    Early childhood learning center
    • 7,500 gross feet of space, including:
      • Space for 75 three- and four-year old children
      • Four classrooms
      • Playroom
      • Designated office area
      • Separate area for staff breaks
      • Space for parent-teacher conference
      • One toilet and sink for every 10 children
      • Outdoor space of at least 75 square feet per child for the number of children using the space at one time (5,625 square feet given that at least once a week all children use the space at the same time
      • Facility must meet all fire safety regulations
      • Facility must meet ADA requirements
      • Facility must obtain and maintain proper licensing from the NYC DOHMH
      • Hours of operation – 7:30 am to 6 pm, Monday through Friday, year-round
    • Sanctuary
      • Approximately 8,800 square feet
      • 1.200 SF of office space
      • Accessible access
    • Credit Union
      • 1,990
    • Office/Support Space

     

    To the extent feasible, the cost of relocation must be included in the Project's financing plan.


    Predevelopment

    Prepare Feasibility Assessments, Market Analyses, and Appraisals – To finalize the overall development approach for each Site, prepare such feasibility assessments, market analyses, and appraisals as necessary to confirm the respective development approach. The Co-Developer will also be responsible for additional market analyses and appraisals to develop and obtain financing for each development phase.

    Planning and Design – As stated above, NCFMA has engaged a design team. NCFMA will work with the Co-Developer to develop a signature design in affordable housing utilizing the Principles for Building Resilience in state-of-the-art housing in the State of New York.

    Grant Writing and Related Funding Assistance – The Co-Developer shall fully apply for all grant opportunities possible. The Co-Developer will also be required to submit other funding applications to help finance the projects.

    Prepare Development Plans – In consultation with NCFMA, the residents, the community, and other interested stakeholders, the Co-Developer will refine the plan for development consistent with program goals and as acceptable to the NCFMA.

    Obtain Environmental Clearances – In collaboration with NCFMA, the Co-Developer will procure the necessary consultants and prepare the documents to obtain environmental clearances from all interested agencies.

    Plans and Specifications – Subject to the review and approval of NCFMA, the Co-Developer will work with NCFMA to complete the design and specifications that will comply with the requirements of all permitting and regulatory entities. All documents and designs will be subject to NCFMA's review and approval.

    Financing

    Produce an Overall Financing Plan – Subject to NCFMA's review and approval, the Co-Developer will produce a viable financing plan for the overall development effort. The comprehensive financing plan will be developed alongside the development plan and market analysis. The development plan shall reflect the realities of the overall financing plan and market analysis while the financing plan will reflect the goals of NCFMA.

    Financing Application(s) – Per the Master Development Agreement, the Co-Developer will be required to pursue diligently and use best efforts to obtain all financing necessary to implement the development plans in a timely fashion, which may include, but not be limited to - tax credits, tax-exempt bonds, federal/state/local funds, and private debt.

    Maximize the Leveraging of Public and Private Resources – The Co-Developer shall maximize the leveraging of public and private resources by pursuing all reasonable sources of financing and utilizing various Partner(s)s and Partnerships. In addition, the Co-Developer shall take full responsibility for securing all financing sources promptly. Coordinate discussion and negotiations with financial institutions and private Partners (s)s. All financing terms are subject to review and approval by NCFMA. In the case of any identity of interest between the Co-Developer and any lender, syndicator, or other financing Partner(s), the Co-Developer must demonstrate how the proposed terms are most favorable to other terms available in the market.

    Obtain Equity Investment – Using an open and competitive process, obtain equity financing commitment on the best terms currently available as required by the Master Development Agreement and subject to NCFMA’s approval. NCFMA intends to participate in developing the solicitation documents for investors by reviewing the letters of interest received and the ranking and scoring of all responses. In addition, NCFMA will need to approve the investors for each Project.

    Guarantees – In accordance with the Master Development Agreement, provide all guarantees required for the successful financing of the development effort, including completion guarantees, operating deficit guarantees, and tax credit adjuster or recapture guarantees and guarantees of performance under the Agreement. In addition, NCFMA will require that the Co-Developer demonstrate financial ability to honor the guarantees and indicate how they intend to honor the guarantees if necessary.

    Operating Feasibility – As required in the Master Development Agreement, structure such reserves and other devices as necessary to guarantee the long-term operating feasibility of the Project.

    Accounting/Financing – As to be provided for in the Master Development Agreement, maintain accounting records and ensure Project financing is available at the appropriate times and utilized in the appropriate manner.

    Construction

    Facilitate Necessary Site Improvements – According to the Master Development Agreement, the Co-Developer shall work with NCFMA to complete site work and infrastructure construction with review and approval by NCFMA.

    Implement Development Program – Per the final development plans approved by lenders, investors, and regulatory agencies and subject to review and approval of NCFMA, the Co-Developer will develop all improvements associated with the development program.

    Ownership and Asset Management

    Organize Ownership Entity – Upon completion of the development plan and its acceptance by NCFMA, the selected Co-Developer will be expected to organize an ownership entity and structure approved by NCFMA and the requirements of other financing entities.

    Ensure the Short- and Long-Term Viability of the Redeveloped Projects – The Co-Developer shall develop and implement marketing, re-occupancy, asset, and property management plans to ensure each Project's short- and long-term viability.

    NCFMA RESERVATION OF RIGHTS AND CONFLICT OF INTEREST

    1. NCFMA is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
    2. NCFMA reserves the right to waive any condition or modify any provisions of this document concerning one or more Respondents, to negotiate with one or more Respondents, to require supplemental statements and information from any Respondents, to modify any of the terms and conditions herein, and to reject any or all proposals in its sole and absolute discretion.
    3. If all proposals are rejected, the disposition of the Project may be conducted by any means, terms, or conditions chosen by NCFMA in its sole and absolute discretion.
    4. All submitted proposals are the property of NCFMA. NCFMA is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with NCFMA or in connection with any other work. A proposal may be modified at any time before the submission deadline. Only the final version of the proposal will be considered.
    5. The  Project Site will be delivered in its "as is" condition, subject to any environmental conditions, hazards, or other title matters.
    6. The NCFMA, its officers, employees, consultants, attorneys, and agents make no representation or warranty and assume no responsibility of any kind for the accuracy of any of the information set forth herein or otherwise provided by Church Personnel, the physical condition, the status of title or usability of the Site, or any other matter. All due diligence is the sole responsibility of the Respondents, and Respondents are encouraged to satisfy themselves concerning any aspect of the proposed development or condition of the Site.
    7. All proposals must conform to and be subject to all applicable laws, regulations, and rules of any governmental authority having jurisdiction over the Site or the development thereof (including, without limitation, any zoning or applicable land use regulations).
    8. Upon submission of a proposal to this RFP, Respondents and the representatives and agents will treat their proposals and all information obtained in connection with the RFP (“Confidential Information”) in a confidential manner, and will not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other respondents or any other person, firm or entity, including press or other media, without the prior written approval of the NCFMA.


    EXTERNAL ORGANIZATIONAL CONFLICTS


    Co-Developer certifies that neither it nor any of its contractors or subcontractors include persons who have an interest (direct or indirect) in this proposed contract and who, during their tenure or for one (1) year after that, are:


    1. A present or former member or officer of NFCMA’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
    2. Any NCFMA employee who formulates policy or influences decisions concerning the NCFMA project(s) that are connected to this proposed contract, any member of the employee's immediate family, or the employee's Partner(s).
    3. Any public official, member of the local governing body, State/Territory or local legislator, or any member of such individual's immediate family.


    Respondents may submit a response to this RFP so long as any potential conflict is disclosed. In its sole discretion, the NCFMA will determine if any such conflict warrants the Respondent's disqualification.


    NOTE: "Immediate family" member means the spouse, mother, father, brother, sister, or child of a covered class member, whether related as a full-blood relative or as a "half" or "step" relative (e.g., half-brother or stepchild).


    INTERNAL ORGANIZATIONAL CONFLICT


    It is NCFMA's policy to avoid situations that place a Respondent in a position where its judgment may be biased because of any past, present, or currently planned interest, financial or otherwise, that the Respondent may have that relates to the work to be performed according to this solicitation or where the Respondent's performance of such work may provide it with an unfair competitive advantage.


    If necessary, Respondents shall provide a signed statement (“Disclosure Certification") that describes all relevant facts concerning any past, present concisely, or currently planned interest (financial, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the Respondent has a possible organizational conflict of interest concerning (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage.


    In the Disclosure Certification, the Respondent may also provide relevant facts that show how its organizational structure or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict.


    In the absence of any relevant interests identified in a signed Disclosure Certification, Respondents certify by their signature on this solicitation that the Respondent, to the best of its knowledge and belief and except as otherwise disclosed, does not have an organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the Respondent's organizational, financial, contractual or other interests may, without some restriction of future activities (1) result in an unfair competitive advantage to the Respondent, or (2) impair the Respondent's objectivity in performing the contract work. Accordingly, the Respondent's signature on this solicitation certifies that to the best of the Respondent's knowledge and belief, no actual or apparent conflict of interest exists regarding the Respondent’s possible performance of this procurement.


    No award shall be made until the Disclosure Certification and a Financial or Personal Interest Disclosure Statement, if applicable, have been evaluated by the NCFMA. Failure to provide the Disclosure Certification or the Financial or Personal Interest Disclosure Statement, if applicable, will be deemed a minor infraction. The Respondent will be permitted to correct the omission within a period established by the NCFMA.


    Refusal to provide the Disclosure Certification, the Financial or Personal Interest Disclosure Statement, if applicable, and any other additional information required by the NCFMA, or the willful nondisclosure or misrepresentation of any relevant information shall disqualify the Respondent.


    In the event that NCFMA determines that a potential conflict exists, in that case, the selected Respondent shall not receive an award unless the conflict is addressed to the satisfaction of NCFMA and applicable law.


    Respondents must disclose the following:


    • Actual, apparent and potential conflicts
    • Ownership interests
    • Identification of officers and directors of bidding entities
    • Overlapping ownership interests or directorships in other companies. 


    DISCLOSURE STATEMENT


    Before awarding, and while Respondent is conducting business with NCFMA, Respondent must disclose any direct or indirect conflicts of interest and organizational conflicts of interest as soon as such conflict becomes known or should have become known. Respondents with a conflict of interest must provide full and complete disclosure, in writing, to NCFMA. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.  



    CONTRACTOR RESPONSIBILITY


    NCFMA shall make awards only to responsible Co-Developers who can perform successfully under the terms and conditions of a proposed contract. Consideration shall be given to such matters as contractor integrity, public policy compliance, past performance record, and financial and technical resources. Contracts shall not be awarded to any Co-Developer whose previous business or performance indicates that it was not responsible.


    MUNICIPAL CHARGES 


    All buildings managed or owned by the Respondent must be current with all real property taxes, water, and sewers charges, or have entered into, and be in compliance with binding payment agreements for all outstanding taxes and charges.


    CODE VIOLATIONS


    A respondent may be rejected at any time during the evaluation process if findings of a substantial record of serious New York City Building Code violations with regard to properties owned or managed by the Respondent or any of its principals or related entities, and such findings have not been adequately addressed.


    ADVERSE FINDINGS


    A Respondent may be rejected at any time during the evaluation process if adverse findings are made with regard to the Respondent or any of its principals or related entities, including, but not limited to, adverse findings with respect to any of the following:

    • Past or pending government or private mortgage foreclosure proceedings or arrears with respect to any property owned or managed by the Respondent
    • Past or pending governmental tax or lien foreclosure, or substantial tax arrears
    • Findings of tenant harassment or a pending case of harassment
    • Arson, fraud, bribery, or grand larceny conviction or a pending case.
    • Past or pending default on any obligation to, unsatisfied judgment or lien held by, or contract with, any governmental agency
    • Past or pending suspension, debarment, or finding of non-responsibility by any government agency
    • A past or pending voluntary or involuntary bankruptcy proceeding
    • A negative history with New York City or any other government agency.


    CERTIFICATION REGARDING DEBARMENT


    Respondent certifies by submitting its proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by a federal department, state, or city agency.


    If any of the Respondent's principals, officers, directors, or Partner(s) have been debarred, suspended, or otherwise lawfully precluded from participating in the Scope of Services outlined in the RFP, the Respondent shall disclose that information in its proposal. All Respondents must submit a Disclosure Statement if this is not the case. Failure to provide such information or to complete (Exhibit A – Disclosure Form) shall result in the rejection of the proposal. NCFMA will corroborate this information.


    Each Respondent's principals, officers, directors, and Partner(s) must be in good standing with NCFMA and any Federal or local agency with a contractual relationship with the Respondent or any of its principals, officers, directors, and Partner(s).

     

    OWNERSHIP OF DOCUMENTS


    All documents and information generated, prepared, assembled, and provided to NCFMA according to this RFP become the property of NCFMA upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to NCFMA because of this RFP.


    REJECTION OF PROPOSALS


    NCFMA may reject any or all proposals. Action to reject all proposals shall be taken only for unreasonably high prices, error in the solicitation, cessation of need, unavailability of funds, failure to secure adequate competition, or any other reason deemed appropriate by NCFMA.


    CO-DEVELOPER STATUS


    The Co-Developer shall be an independent contractor and will not be an employee of NCFMA.


    GOVERNMENT RESTRICTIONS


    In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, or performance of the goods or the material, quality, workmanship, or performance of the goods or services offered, it shall be the responsibility of the successful Respondent to immediately notify NCFMA in writing specifying the regulation which requires an alteration. NCFMA reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to NCFMA.


    ADVERTISING


    Respondent agrees not to use the fact of or the results from the proposal submitted as part of any commercial advertising. NCFMA does not permit the use of NCFMA’s relationship with an entity for marketing efforts unless NCFMA agrees explicitly otherwise.


    NOTICES


    All notices, demands, requests, and claims about the award of this contract must be addressed in writing to the following:


    Monica Dean

    Director of Housing

    LISC New York | Local Initiatives Support Corporation

    NYLOP@lisc.org


    COMPLIANCE WITH LAW


    The Co-Developer shall comply with all applicable Federal, State, Territory. Local laws, regulations, ordinances, and requirements applicable to the work described herein, including, but not limited to, those applicable laws, rules, and requirements governing equal employment opportunity programs, subcontracting with small and minority firms, women's business enterprises, and labor surplus area firms, and equal opportunity for businesses, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Davis-Bacon Act, and those laws and regulations concerning the abatement and remediation of asbestos and lead-based paint, and shall provide for such compliance in the contract documents. The Co-Developer shall obtain, at Co-Developer's expense, such permits, certificates, and licenses as may be required to perform the work specified


    INDEMNIFICATION


    NCFMA cannot, and by the Agreement relating to this RFP, does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Co-Developer or any other person or entity whatsoever, for any purpose whatsoever.

    QUESTIONS

    Due Date for Questions: Questions regarding matters related to this RFP or requests for further information must be submitted in writing no later than Monday, February 3, 2025, at 3 P.M. EST. Questions will be addressed by addendum on or before Monday, March 10, 2025, which will be published on LISC NY’s website.  

    It is the responsibility of the Respondent to check the website before submission of a proposal to review and download the addenda issued. The Respondent shall also note on their cover letters that they acknowledge any addendums posted.

    SUBMISSION REQUIREMENTS

    Respondents shall submit their responses to the RFQ by completing the application.The following documentation must be uploaded to the LISC NY website as part of the Respondent's response to the RFQ. Respondents shall provide the following information. Responses must address all items and clearly label all sections, graphics, and tables within the response if necessary. LISC NY and NCFMA have not set a specific page limit for Responses; however, there is an expectation to receive thorough and concise Responses. Respondents must complete the Non-Collusive Affidavit. (See Exhibit A) 


    Qualifications and Experience. Provide a description of your qualifications and relevant experience with at least two examples but at most five comparable projects in the past 10 years. Examples should highlight experience with developing and operating projects of similar size and scope, with particular emphasis on complex mixed-use projects located in an urban environment and projects developed through public-private partnerships. Respondents must also complete the Residential Development Experience Worksheet.  (See Exhibit B)

    Describe the legal entity with whom the NCFMA would contract. 

    Provide resumes for and descriptions of the roles of key individuals in the development team and any consultants who would be involved in negotiations, project management, project design, and implementation, including their background and experience, reflecting their capabilities and experience with similar projects. Please provide an organizational chart.

    Describe your financial capacity,     liquidity, debt to equity, and ability to secure financing. Please provide your last two years’ audited statements

    Disclose any litigation that could materially adversely affect the development entity's financial condition and disclose any bankruptcy filings by the development entity or affiliates within the past five (5) years.


    EVALUATION CRITERIA


    SELECTION PROCESS

    Each submission will be evaluated based on its responsiveness to this RFQ and primarily per the Evaluation Criteria in the following table. NCFMA will make every effort to ensure that all Responses are treated fairly and equally throughout the selection process. NCFMA will select the Respondent whose proposal is in the best interest of the NCFMA. NCFMA intend to follow the following selection process

    1. Identify a shortlist of Respondents.
    2. Identify a First-and Second-ranked Respondent: NCFMA will notify the Respondents selected for the shortlist and may ask them to participate in an interview to discuss their qualifications in further detail. NCFMA may select a first-ranked and second- ranked Respondent.
    3. Negotiations with First-ranked Respondent: The first-ranked Respondent will be given a defined period to negotiate and execute an MDA with the NCFMA. If exclusive negotiations are conducted and an agreement is not reached, NCFMA reserves the right to enter into negotiations with the next highest-ranked Respondent without the need to repeat the formal solicitation process.
    4. Final selection and subsequent agreements are subject to approval by LISC NY.

    SELECTION CRITERIA

    The following is a guide to the criteria that will be used in evaluating development teams:

    1. Development Team Characteristics
      • Quality and completeness of information submitted in response to this RFQ
      • Evaluation of the organization’s relevant past projects and experience successfully completing projects of a comparable size and scope as the one outlined in this RFQ
      • Experience with affordable housing financing mechanisms, including Low- Income Housing Tax credits, particularly experience working with the New York State Homes and Community Renewal (HCR)
      • Relevant experience of key members successfully completing projects of a comparable size and scope as the one outlined in this RFQ
    2. Financial Capability 
      • Demonstrated ability to secure funding, including experience with public- private partnerships
      • Degree of capitalization as an entity

    SELECTION PROCESS

    QUALIFICATIONS EVALUATION/CONTRACT AWARD


    The evaluation process and qualifications will be evaluated by NCFMA’s in conjunction with LISC NY at their sole and absolute discretion based primarily on the criteria below. In addition, NCFMA in conjunction with LISC NY at their sole discretion may conduct evaluations/ presentations/ interviews or other discussions with the Respondents in the initial competitive range.


    NCFMA in conjunction with LISC NY may select one or more Respondents to proceed to contract negotiations. 


    Contract award may be subject to approval by NCFMA Board of Directors or Governing Body and LISC NY.


    CANCELLATION OF RFQ


    NCFMA reserves the right to cancel this RFQ or to reject, in whole or in part, all submissions received in response to this RFQ upon its determination to be in the best interest of NCFMA. NCFMA further reserves the right to waive any minor informality in any submissions. The decision as to who shall receive a contract award, or whether an award shall be made because of this RFQ, shall be at NCFMA’s sole discretion.

    SUBMISSIONS















    Final Step: Please review the information below, e-sign and submit your application

    Thank you for completing your application. Please click 'Submit' below to complete your submission. 

    If your business or non-profit is selected as a finalist, you will be notified via email. Being selected as a finalist does not guarantee acceptance as Master Developer for these sites. As a finalist, additional documentation will be required, including but not limited to tax returns/990s, Certificate of Good Standing from the New York Secretary of State (except if you're a micro-entrepreneur), a 501(c)(3) letter for non-profits, and an SSN,TIN/ITIN and/or EIN for the applicant and/or the business in order for us to perform the due diligence required by the program’s funding source.

    This due diligence inquiry may include background search that we will conduct at our expense. If the due diligence step is successfully completed, we will ask for W-9 and appropriate banking information so that we may transfer funds by ACH to your designated account.

    For general questions, please check the LISC NY NYLOP page regularly for updates about the New York Land Opportunity Program. For additional questions not answered by the FAQ, please email NYLOP@lisc.org.
    We are monitoring this email regularly and updating our FAQ accordingly. 
     
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    For updates on additional resources and programs, visit the LISC NY NYLOP page.

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