All procurement actions facilitated by LISC NY will be conducted openly, transparently, and competitively. LISC NY will consider quality of work, reputation, referrals, and understanding of the solicited deliverables and requirements. LISC NY 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 LISC NY as contractors and subcontractors.
To maintain a fair and impartial competitive process, LISC NY and any outside consultants assisting LISC NY 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 RFEI until the final award is announced, Respondents are not allowed to communicate about this RFEI for any reason with any LISC NY staff or outside consultants assisting LISC NY with this solicitation except:
- Through the RFEI Point of Contact named above.
- As otherwise specified in this RFEI 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. LISC NY reserves the right to reject the proposal of any Respondent violating this provision.
LISC NY RESERVATION OF RIGHTS AND CONFLICT OF INTEREST
- LISC NY is the sole judge of each proposal’s conformance with the requirements of this RFEI and the merits of such submission.
- LISC NY 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.
- If all proposals are rejected, the disposition of the Project may be conducted by any means, terms, or conditions chosen by LISC NY in its sole and absolute discretion.
- Upon selecting a Respondent, if any, LISC NY will notify the Respondent of the terms and conditions upon which LISC NY will be willing to negotiate definitive development documents. However, nothing will be binding on LISC NY or the Respondent unless and until final documents are executed and delivered by both.
- The timing of the conditional selection will depend upon the degree to which supplemental information regarding individual proposals may be required or due to any other factors that LISC NY, in its sole discretion, considers pertinent.
- All submitted proposals are the property of LISC NY. LISC NY is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with LISC NY 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.
- 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).
- Upon submission of a proposal to this RFEI, Respondents and the representatives and agents will treat their proposals and all information obtained in connection with the RFEI (“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 LISC NY.
EXTERNAL ORGANIZATIONAL CONFLICTS
The MDO or FBO 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:
- A present or former member or officer of LISC NY’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
- Any LISC NY employee who formulates policy or influences decisions concerning the LISC NY project(s) that are connected to this proposed contract, any member of the employee’s immediate family, or the employee’s Partner(s).
- 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 RFEI so long as any potential conflict is disclosed. In its sole discretion, the LISC NY 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 CONFLICTS
It is LISC NY’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.
Before awarding, and while Respondent is conducting business with LISC NY, 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 LISC NY. The Disclosure Statement must be presented on the Respondent’s letterhead, notarized, and signed by the individual making the disclosure.
CONTRACTOR RESPONSIBILITY
LISC NY shall make awards only to responsible MBOs or FBOs 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 MBO or FBO whose previous business or performance indicates that it was not responsible.
All buildings managed or owned by the Respondent must be current with all New York City real property taxes, water and sewers charges or have entered and be in compliance with binding payment agreements for all outstanding taxes and charges.
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 or New York City Housing Maintenance 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, as determined by New York Department of Housing Preservation and Development (HPD).
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 HPD or any other government agency.
- A negative history with Restoring Communities or with Neighborhood Restore. Litigation/Indictments.
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)s have been debarred, suspended, or otherwise lawfully precluded from participating in the Scope of Services outlined in the RFEI, the Respondent shall disclose that information in its proposal.
Each Respondent’s principals, officers, directors, and Partner(s)s must be in good standing with LISC NY and any Federal or local agency with a contractual relationship with the Respondent or any of its principals, officers, directors, and Partner(s).
REQUIRED LISC NY RESPONDENT REGISTRATION
Respondent is responsible for contacting local authorities to ensure that Respondent has complied with all laws and is authorized or licensed to do business in the State of New York. In addition to that, all applicable fees are the responsibility of Respondent now or hereafter in effect during the contract. Respondent and its employees, agents, and subcontractors shall also comply with all Federal, State, and local laws regarding business permits and licenses that may be required to conduct the services performed under the contract.
All documents and information generated, prepared, assembled, and provided to LISC NY according to this RFEI become the property of LISC NY upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to LISC NY because of this RFEI.
LISC NY may reject any or all proposals. Action to reject all proposals shall be taken for any reason deemed appropriate by LISC NY.
The Respondent shall be an independent contractor and will not be an employee of LISC NY.
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 LISC NY in writing specifying the regulation which requires an alteration. LISC NY reserves the right to accept any such alteration or to cancel the contract at no expense to LISC NY.
Respondent agrees not to use the fact of or the results from the proposal submitted as part of any commercial advertising. LISC NY does not permit the use of LISC NY's relationship with any entity for marketing efforts unless LISC NY agrees explicitly otherwise.
All notices, demands, requests, and claims about the award of this contract must be addressed in writing to the following:
Rhonda-Lee Davis
Senior Housing Program Officer
LISC New York | Local Initiatives Support Corporation
NYLOP@lisc.org
The Respondent 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 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.
LISC NY cannot, and by the Agreement relating to this RFEI, does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Respondent or any other person or entity whatsoever, for any purpose whatsoever.
The Respondent shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity and for taking such disciplinary action concerning any employee, as necessary.