Kentucky Housing Corporation REQUEST FOR PROPOSALS (RFP) Property Preservation Services For Fiscal Year 2015 KHC is the state housing finance agency and a political subdivision of the Commonwealth of Kentucky. Created by the General Assembly in 1972, KHC’s mission is to provide safe, decent and affordable housing opportunities for very low-, low- and moderate-income Kentuckians. Kentucky Housing Corporation (“KHC”) is soliciting proposals for the provision of property preservation and monthly inspections. Property Preservation/Monthly Inspection Service Services will include, on an as-needed basis: A. Monthly property inspections of delinquent borrowers to determine occupancy status and personal contact with borrower to advise the borrower of the need to contact KHC to discuss their loan status; B. Securing properties against trespass upon determination of vacant status in accordance with FHA, VA, RHS and Fannie Mae guidelines including ‘before’ and ‘after’ photos; C. Monthly inspections of all properties in foreclosure, bankruptcy, REO or delinquent status, as determined by KHC, to maintain security status and notification of any changes that may have occurred since the last inspection; D. Providing a damage report on each initial property inspection including photos to document the damage and if possible the probable cause of the damage; E. Providing bids for repairs and other necessary tasks, including photos, in accordance with FHA, VA, RHS, and FANNIE MAE guidelines; F. Completing repairs, as approved by KHC, in accordance with FHA, VA, RHS, and FANNIE MAE guidelines; G. Coordinating with local authorities to initiate and complete eviction orders, as determined by KHC, with ‘before’ and ‘after’ photos; H. Providing monthly grass cuts, including before and after photos, during the summer months, as determined by KHC, in accordance with FHA, VA, RHS and FANNIE MAE guidelines; I. Providing prompt property winterization, including before and after photos, during the winter months, as determined by KHC, in accordance with FHA, VA, RHS and FANNIE MAE guidelines; J. Providing internet access for tracking all work orders and maintain an archive file of each loan including all memos, photos and any documentation pertaining to the loan; and/or K. All tasks must be performed within time guidelines as determined by FHA, VA, RHS and FANNIE MAE. Information Required to Be Provided by Offeror Offeror should submit a signed proposal to KHC specifying the following: A. Verification that Offeror is familiar with all property preservation and protection and inspection policies and procedures especially with respect to governmentinsured loans. These would include but not be limited to FHA, VA, RD and FANNIE MAE. B. Verification that Offeror is licensed to perform business in the Commonwealth and operates an office located in the Commonwealth. Offeror must be active and in good standing with the Secretary of State in order for KHC to enter into a contract with Offeror. Respondent must provide evidence of certification that the respondent is qualified to do business in the Commonwealth of Kentucky. For more information regarding registered agent and registered office see http://www.sos.ky.gov. C. Attach resumes for all proposed personnel detailing educational qualifications, special recognitions, licenses or certifications, membership in professional organizations associated with real estate or lending institutions and previous work experience including any experience with HUD, VA, RD, and Fannie Mae programs. D. Names and addresses of clients (including state, lending institutions or corporate representation) for which Offeror has previously provided services. Emphasize any special capabilities or experience relating to services required under this RFP. E. Ability to perform services and capability to provide support staff needed. Offeror may respond to any and all services as desired; however, indicate clearly any services covered under this RFP which Offeror does not intend to perform under the contract as partial offers to perform property preservation and protection and inspection under this RFP are acceptable. F. Indicate whether or not Offeror will accept the established fee limits from the relevant regulatory agencies (FHA, VA, FNMA, RHS) for property preservation work. If not, list hourly fee or other proposed fee for services rendered by all staff to be utilized under the proposal. G. Indicate name and telephone number of individual who is to be principal contact for KHC. H. Include name of professional insurance carrier and amount of coverage carried. I. Disclose any prior commitment of Offeror, which could interfere with or result in a conflict of interest for Offeror, should Offeror be engaged to perform property preservation and protection and inspection services for KHC. J. As part of the application certification, Offeror acknowledges that the application and all materials submitted constitute public records within the meaning of the Kentucky Open Records Act (Kentucky Revised Statutes 61.870 to 61.884). Offeror further acknowledges and agrees, as part of the application certification, that KHC will not treat any part of the application and submissions as a record that is not subject to release to the public, unless such material is segregated and clearly designated (by Offeror) as eligible for an exemption pursuant to Kentucky Revised Statutes § 61.878. Otherwise, KHC will make such material available for inspection and/or copying upon the written request of any person. As part of the application certification, Offeror further acknowledges and agrees that even material which is so segregated and designated may become subject to release upon a successful challenge by a member of the public. K. Submit a Completed “Certification of Independent Contractor” form (provided below). L. Funding Out Provision: KHC may terminate this contract if funds are not appropriated or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. KHC will provide Offeror thirty (30) calendar days’ written notice of termination of the contract. M. Access to Records: KHC must in compliance with the provisions of KRS 45A.695. "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." Offeror agrees that KHC, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). Offeror also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review may be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. N. Violation of tax and employment laws: KRS 45A.485 requires Offeror to reveal to [KHC], prior to the award of a contract, any final determination of a violation by Offeror within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. O. To comply with the provisions of KRS 45A.485, Offeror shall report any such final determination(s) of violation(s) to KHC by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, Offeror shall be in continuous compliance with the provisions of those statutes which apply to Offeror's operations, and that Offeror's failure to reveal a final determination as described above or failure to comply with the above statutes for the duration of the contract, shall be grounds for KHC's cancellation of the contract and Offeror's disqualification from eligibility for future state contracts for a period of two (2) years. Each response to this RFP must include and address each of the above items. Failure to comply with the requirements of this RFP will result in the response not being evaluated. Relative Importance of Particular Qualifications Overall Qualifications and Expertise Ability to Perform Services Relevant Previous Experience Proposed Fee and Expenses 35% 30% 20% 15% Five (5) Bonus Points will be given if Offeror has MBE/WBE/DBE/VOSB/SDVOSB Certification. KHC accepts MBE/WBE certification status from the KY Finance and Administration Cabinet; DBE certification from the KY Transportation Cabinet; and VOSB/SDVOSB from the U.S. Dept. of Veteran’s Affairs. Reservation of Rights KHC reserves the right to: A. Request necessary amendments to the RFP; B. Reject any proposal not meeting mandatory requirements; C. Reject all proposals, seek new proposals and/or cancel the RFP according to the best interests of the Corporation; D. Make investigations regarding qualifications of any or all respondents as the Corporation deems necessary; and/or E. Reduction in Contract Worker Hours: The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. In no event shall any obligations of any kind be enforceable against KHC unless and until a written agreement is entered into. General Information F. Any resulting Contract must comply with all applicable provisions of KRS Chapter 45A prior to becoming effective. G. The initial Contract will be within the 2015 fiscal year. H. The Contract will be subject to annual renewal based upon the terms of the originally submitted proposal. A committee will review and evaluate proposal submissions and assign a numerical evaluation to each proposal submitted. Based upon the outcome of the numerical evaluation, oral interviews may be conducted with Offeror(s) of the highest-ranking proposals. Any questions posed by respondents prior to the interview phase of the process must be submitted in writing or by electronic mail to KHC’s General Counsel, Lisa Beran [email protected] who will determine whether the response could have a material effect on the respondent’s proposals. If so, both the question and response will be distributed to all firms to which the RFP was sent. If not, the response will be made only to the questioner. In either case, the file will be documented to reflect the result. The process for the circulation of the RFP and evaluation of the submitted proposals will be conducted at least every three years. Contract renewals may be executed with the contract provider for each year, but for no more than two consecutive years, following the original RFP solicitation/evaluation process. The terms of any contract renewal will be consistent with the terms provided in the original proposal. Review committee members and RFP respondents shall have no contact, verbal or written, regarding the RFP prior to the interview phase of the process except as provided above. Liability KHC shall not be liable for: A. Any costs incurred by the Offeror in the preparation of any proposal; B. Any costs incurred by the Offeror in connection with any interview or negotiation relating to this RFP (i.e., travel, accommodations, etc.); and/or C. Any disclosure, whether by negligence or otherwise, of any material or information in any form submitted by any Offeror in response to this RFP. Three copies of your proposal must be received at KHC’s corporate office by 4:00 p.m., ET, on January 23, 2015. Proposals received after the stated deadline will NOT be accepted. Electronic copies will be accepted and are preferred. Please direct the proposals to the attention of: Ed Nold Manager, Default/Liquidation Kentucky Housing Corporation 1231 Louisville Road Frankfort, Kentucky 40601 [email protected] KENTUCKY HOUSING CORPORATION CERTIFICATION OF INDEPENDENT CONTRACTOR I hereby certify that the information contained in these qualifications and any attachments is true and correct and may be viewed as an accurate representation of proposed services to be provided by this organization. I acknowledge that I have read and understood the requirements and provisions of the RFP. I ________________________________ am the __________________________________ of (Type name of signatory authority) (Title or position) the corporation, partnership, association, sole proprietor or other entity named as company and respondent herein, and I am legally authorized to sign this and submit it to Kentucky Housing Corporation on behalf of said organization. Signed: ________________________________ Date: ________________________________ Name: ________________________________ Title: ________________________________ Firm name: __________________________________________________________________ Violation of tax and employment laws: KRS 45A.485 requires the contractor to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. To comply with the provisions of KRS 45A.485, the contractor shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the contractor shall be in continuous compliance with the provisions of those statutes which apply to the contractor's operations, and that the contractor's failure to reveal a final determination as described above or failure to comply with the above statutes for the duration of the contract, shall be grounds for the Commonwealth's cancellation of the contract. Contractor must check one: _____ The contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ The contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). A list of such determination(s) is attached.
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