New Mexico Mortgage Finance Authority Rental Assistance Program Request for Proposals for Program Year 2015 - 2016 DATE ISSUED: February 20, 2015 Table of Contents SECTION 1 BACKGROUND & PROGRAM INFORMATION .......................................... 1 1.1 Introduction ............................................................................................................................................. 1 1.2 Background ............................................................................................................................................. 1 1.3 Purpose.................................................................................................................................................... 1 1.4 Program Objectives ................................................................................................................................ 2 1.5 Eligible Activities .................................................................................................................................... 3 1.6 Proposal Submission ............................................................................................................................... 4 1.7 Proposal Format ..................................................................................................................................... 4 1.8 RFP Questions and Answers ................................................................................................................... 4 1.9 Performance Agreement Term ............................................................................................................... 5 1.10 Timeline for Offeror Selection ................................................................................................................ 5 1.11 Training .................................................................................................................................................. 6 SECTION 2 MINIMUM QUALIFICATIONS AND REQUIREMENTS............................ 6 2.1 Minimum Threshold Criteria ................................................................................................................. 6 2.2 Proposal Requirements ......................................................................................................................... 11 2.3 Evaluation of Proposals ........................................................................................................................ 11 2.4 Deficiency Correction Period ................................................................................................................ 11 SECTION 3 3.1 EVALUATION CRITERIA .................................................................................. 12 Scoring Criteria .................................................................................................................................... 12 SECTION 4 PROGRAM STANDARDS .................................................................................... 15 4.1 General Program Requirements ............................................................................................................ 15 4.2 Matching Requirements......................................................................................................................... 17 4.3 Subcontractors ...................................................................................................................................... 18 MFA Rental Assistance Program RFP SECTION 5 ADDITIONAL RFP STANDARDS ..................................................................... 18 5.1 Protest ................................................................................................................................................... 18 5.2 RFP Revisions and Supplements .......................................................................................................... 18 5.3 Incurred Expenses ................................................................................................................................ 19 5.4 Cancellation of Requests for Proposals or Rejection of Proposals ....................................................... 19 5.6 Evaluation of Proposals ........................................................................................................................ 19 5.7 Award Notice ........................................................................................................................................ 19 5.8 Proposal Confidentiality ....................................................................................................................... 19 5.9 Responsibility of Offerors ..................................................................................................................... 19 5.10 Code of Conduct ................................................................................................................................... 20 5.11 Other Federal Requirements ................................................................................................................ 20 5.12 Confidential Data .................................................................................................................................. 21 5.14 Mortgage Finance Authority Roster ..................................................................................................... 22 SECTION 6 APPLICATION FOR 2015-2016 RENTAL ASSISTANCE PROGRAM .. 23 SECTION 7 CERTIFICATIONS................................................................................................. 29 MFA Rental Assistance Program RFP Section 1 Background & Program Information 1.1 Introduction The New Mexico Mortgage Finance Authority ("MFA") is a governmental instrumentality, separate, and apart from the state of New Mexico (“State”), created by the Mortgage Finance Authority Act Sections 58-18-1 NMSA 1978 et seq. for the purpose of financing affordable housing for low- and moderate-income New Mexico residents. MFA will endeavor to ensure in every way possible that small, minority, disadvantaged, women-owned business enterprises and/or labor surplus area firms (collectively “DBE”) shall have every opportunity to participate in submitting Proposals and providing services. DBE businesses are encouraged to submit Proposals. MFA will not discriminate against any business on grounds of race, color, religion, gender, national origin, age or disability. It is the MFA’s policy that suppliers of goods or services adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire and promote regardless of race, color, religion, gender, national origin, age or disability. 1.2 Background The U.S. Department of Housing and Urban Development (HUD) Emergency Solutions Grant (ESG), is authorized under the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C 11371-1378), as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (“HEARTH Act”), 24 CFR Part 576. The ESG is a federally formula-funded program that uses the Community Development Block Grant (CDBG) formulas as a basis for allocating funds to eligible jurisdictions, including States, territories, and qualified metropolitan cities and urban counties. The MFA is the State’s recipient of the ESG program responsible for administering the state ESG allocation for New Mexico. The ESG allocation minus 7.5 percent for state/local government administration costs will be allocated to sub-grantees. The Rental Assistance Program (RAP) was established by the MFA to provide homeless prevention assistance to individuals and families to prevent homelessness and rapid—rehousing assistance to individuals or families experiencing homelessness. The MFA may combine the ESG allocation appropriated by HUD with the New Mexico State Homeless Assistance allocation appropriated by the State to establish the RAP. 1.3 Purpose The purpose of this Request for Proposal (RFP), issued pursuant to MFA’s Procurement Policy, is to solicit proposals from qualified Offerors capable of providing Program Services for RAP funding within the 2014-2015 program year (“PY”) in accordance with 24 CFR Part 576 and 24 CFR 92 and all applicable guidance from HUD. The cited references are available at: 1|Page http://www.hudhre.info/esg/index.cfm, http://www.housingnm.org/rental-assistance-program and. Funding will be made through a competitive process to eligible Offerors. The estimated funding available for the RAP 2015-2016 PY is $ 559,399. The estimated funding available includes: ESG Funds State Homeless Funds $0 $559,339 Available funding is based on last year’s funding levels. Please note that actual HUD and/or State funding levels have not been determined at the writing of this document and could vary significantly from current year funding levels. The actual funds available may vary. If other funds become available to MFA during the program year for activities similar to the work performed under the Program, this additional funding may, at the option of MFA, be offered to the successful Offerors hereunder without a new RFP. MFA retains sole discretion to make the judgment as to the need for additional RFPs. Satisfactory performance under the 2014 and prior program years will be a prerequisite for consideration of additional funding. Offerors may not obligate funds, incur expenses, or otherwise implement program services prior to execution of a contract with MFA. Funding is anticipated to be available for future program years at similar levels, but is subject to change. Funding is not guaranteed to any given Offeror in any given amount. The MFA will review provider performance and reserves the right to de-obligate reallocate and redistribute funds throughout the contract term 1.4 Program Objectives The objectives of the RAP are as follows: 1. The primary objective for the RAP is to provide rapid re-housing assistance to individuals and families who are literally homeless, as defined in the Appendix I “Participant Eligibility Criteria” section, by assisting them with ESG and State of New Mexico Homeless funds. 2. The secondary objective is to prevent low income families from becoming homeless. 3. Provide case management assistance to Program clients to assist them with housing stability. 2|Page 1.5 Eligible Activities ESG Rapid Re-Housing provides assistance to individuals and families who are literally homeless, see definition of homeless as set forth in 24 CFR §576.104 thru 24 CFR §576.105. ESG Homeless Prevention provides assistance to prevent persons from becoming homeless. Rapid Re-Housing and Homeless Prevention includes the following eligible activities: 1. 24 CFR §576.105 Housing relocation and stabilization services including: a. Financial assistance costs: 1. rental application fees 2. security deposits (equal to no more than 2 months’ rent) 3. last month’s rent 4. moving costs (truck rental or hiring a moving company, certain temporary storage fees for up to 3 months. Storage arrears are not eligible.) 5. utility deposits, utility payments (up to 24 months of utility payments per participant per service including up to 6 months of arrearages per service) b. Services Costs with housing search and placement: 1. Housing search and placement 2. Housing Stability and Case Management to assess, arrange, coordinate and monitor the delivery of individualized services to facilitate housing stability including. 2. Mediation between the program participant and the owner or person(s) with whom the program participant is living, to the prevent the program participant from losing permanent housing in which they currently reside. 3. Legal Services to resolve a legal problem that prohibits the program participant from obtaining or maintaining permanent housing. 4. Credit repair services necessary to assist program participants with critical skills related to household budgeting, manage money, accessing a free personal credit report, and resolving personal credit problems. 5. 24 CFR § 576.106 Short and Medium Term Rental Assistance a. Short term rental assistance (up to 3 months) b. Medium term rental assistance (4 to 24 months) c. Payment of rental arrears (one-time payment up to 6 months, including any late fees on those arrears) d. Any combination of the three types of rental assistance (a-c). The total may not exceed 24 months during any 3 year period, including any payment for last month’s rent. 3|Page 6. 24 CFR §576.107 HMIS component a. Eligible costs. The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area. 1.6 Proposal Submission ALL OFFEROR PROPOSALS MUST BE RECEIVED BY MFA NO LATER THAN March 19, 2015, 4:00 PM MOUNTAIN TIME. Proposals shall be in sealed envelopes marked “Proposal to Offer Services for the Rental Assistance Program.” Submit proposals to: New Mexico Mortgage Finance Authority Attn: Shannon Tilseth 344 4th Street SW Albuquerque, NM 87102 Applications may be delivered by mail, other shipping service, or by hand. Facsimile or electronic transmissions will not be accepted. Proposals received after this deadline will not be considered for RAP funding. 1.7 Proposal Format Proposals should be printed on standard 8 ½ x 11 paper, double-sided, with each copy fastened using paper clips or binder clips and with tabs identifying each minimum threshold item and evaluation criteria item. Please do not spiral bind your proposals. 1. Applications and forms may be downloaded from the MFA website: www.housingnm.org/rfp. 2. Offeror(s) must submit one (1) copy of the agency financial audit, 3. An original and three (3) copies of the application form and all required schedules and attachments, for a total of four (4) application packages. 4. Applications must include the “-2015 - 2016 RAP Application” form attached to this Application Package and all schedules and attachments pertaining thereto. 5. MFA forms released with this application (applications, budgets, certifications, schedules) must be used when provided by MFA. No substitutions will be accepted. All applications must be self-contained. 1.8 RFP Questions and Answers Questions pertaining to this RFP and proposal must be submitted via the MFA website at http://housingnm.org/2015-rap-rfp-faq. Telephone inquiries will not be answered. The FAQ will 4|Page open the day after the RFP training and will close March 13, 2015, two (2) business days before the RFP due date. To submit your questions, scroll down to the “Ask a question” section, under the category Rental Assistance Program RFP. Enter your name and organization and type your question in the “Question” box, and click on “Submit.” The cut-off date for questions is March 13, 2015. Answers to all questions will be posted to the MFA website on 02/27/15, 03/06/15, and 03/13/15 by 3pm. 1.9 Performance Agreement Term Successful Offerors will be notified in writing of the amount of the grant award. Performance Agreements are issued following the announcement of awards as a result of the response to the RFP. The successful Offeror will enter into a performance agreement with the MFA for services to be performed for a one (1) year grant term (July 1, 2015 – June 30, 2016).Only expenses incurred on or after the effective date of the Performance Agreement are allowable. Dates are based on availability of funds for release from each funding source. In the event that during the contract term an awardee of this RFP is deemed not qualified to administer the Program due to contractual non-compliance, the MFA may negotiate with another Program awardee without issuing another RFP, and/or may issue an RFP for the area that is being served by the non-qualified agency. The MFA may also issue an RFP during the contract term for any new areas to be served based on the availability of additional funds. The performance agreements between MFA and successful Offerors shall be for firm, fixed amounts. All payments by MFA shall be made on an actual reimbursement basis. 1.10 Timeline for Offeror Selection The MFA will make every effort to adhere to the following anticipated schedule for recommended Offeror selection: DATE ACTIVITY RESPONSIBILITY February 3, 2015 MFA policy Committee MFA February 10, 2015 MFA Contracted Services Committee MFA February 18, 2015 MFA Board of Directors Meeting MFA February 20, 2015 Issuance of RAP RFP MFA February 24, 2015 RFP Training MFA February 24, 2015 RFP FAQ on website opens MFA March 17, 2015 RFP FAQ closes - deadline to submit questions two (2) business days before the RFP due date Offerors 5|Page March 19, 2015 (by 4:00pm) Submission of Proposals Due – 30 days after issuance of RFP April 2, 2015 MFA notifies Offerors of Deficiency Correction items, if applicable within ten (10) business days of RFP proposals due April 9, 2015 Deadline for receipt of corrections by MFA, if applicable – within five (5) business days Offerors MFA Offerors April 14, 2015 Preliminary Award Recommendations to MFA Policy Committee MFA April 15, 2015 Notification of preliminary selections to Offerors MFA April 30, 2015 End of 7 day Protest Period (Deadline for Offeror to file Protest) Offeror May 5, 2015 End of 7 day Protest Response Period (Deadline for Offerors to respond to any protest) Offer Award Recommendations to MFA Policy Committee May 5, 2015 MFA Award Recommendations to MFA Contracts Committee MFA Award Recommendations to MFA Board of Directors MFA TBD HUD Notification of Grantee Awards HUD Final Awards Recommendations to Policy Committee based on HUD award MFA TBD May 12, 2015 May 20, 2015 1.11 Training RFP training will be offered on February 24, 2015, via webinar. This training is optional; however; pre-registration is required. To register, visit http://housingnm.org/2015-rap-rfpwebinar-registration. Section 2 Minimum Qualifications and Requirements 2.1 Minimum Threshold Criteria In addition to the general requirements listed above, Offerors must meet each of the following minimum threshold criteria, following deficiency correction, in order to be considered for funding. This includes the minimum criteria outlined below for specific activities and minimum criteria outlined below for agencies not receiving funds in the previous contract year. These 6|Page criteria must be met by all Offerors to be considered for funding. Waivers to “Minimum Threshold Criteria” may be approved by MFA’s Policy Committee. 1. Offeror must be one of the following entity types: a. A non-profit organization with a 501(c)(3) with a primary mission of providing shelter and services to people who are experiencing homelessness, including people fleeing domestic violence. i. If a non-profit, Offeror must submit proof of 501(c)(3) b. A unit of general purpose local government or proof of status as a Government Agency. c. A tribal government 2. If an Offeror is a non-profit organization, Offeror must submit the following: (i) proof of current registration as charitable organization with the New Mexico Attorney General’s Office, covering the fiscal year ending in 2013 2015 or proof of exemption therefrom. Information can be submitted online and verification obtained via https://secure.nmag.gov/coros/. Verification should be in the form of the first page of the “NM Charitable Organization Registration Statement.” (ii) a Letter of Support from the unit of local government. A Letter of Support should be in the form of: a. A letter supporting the Offeror’s application to the MFA; b. The letter must be dated no more than 180 days prior to the application date; c. The letter must be signed by a local government official authorized to sign such a letter from the city, town, village or tribe in which the program activity will take place. For activities that will take place in unincorporated areas, the county is the unit of local government. d. The letter must specifically endorse the project/activity proposed in the application. MFA will accept proof that certified letters were sent from the Offeror to the unit of local government notifying the city, town, or county that RAP services are proposed to be provided in their community. 3. Agencies which received Program funds last year must provide an independent CPA’s auditors report (Audit) conducted in accordance with Government Auditing Standards (GAS). The GAS Audit will include an independent auditors report on the following: 1) financial statements; and 2) Internal Control over financial reporting and compliance. The audit will also include the auditor’s management letter if there is one, 7|Page and the Offeror’s response to any audit findings. Offeror will submit the most recent audit available; only the most recent of FY2014 (fiscal year ending on or after 3/31/14) or FY 2015 will be accepted. If Offeror received $500,000 in federal funds from one or more sources (in the fiscal year ending in 2014, $750,000 in the fiscal year ending in 2015), a Single Audit is required pursuant to 2 CFR 200 Subpart F.. The following types of Audit findings may disqualify Offerer from funding: a. Repeat and unresolved audit findings, as determined by MFA. If Offeror has received greater than $500,000 in funding (in the fiscal year ending in 2014, $750,000 in the fiscal year ending in 2015) and the single audit did not meet the requirements of the 2 CFR 200 Subpart F b. For Single Audit, no proof of Federal audit clearinghouse submission (FORM SFSAC). c. If Governmental entity, proof is not included of current audit submission to the Office of the New Mexico State Auditor. d. If referenced in audit as a separate communication, no submission of Management Response letter and management response to concerns noted in the management letter. e. If any findings, no submission of management response to findings. f. Sub-recipients must conduct annual independent financial audits by a certified auditor that has been approved by the New Mexico State Auditor’s Office and on the State Auditor’s List. (i) Grantees that receive less than $25,000 in federal or state funding from MFA, and may experience a financial hardship to procure a certified auditor that is on the State Auditor’s list, are exempt from this requirement. They must however, provide an annual independent financial audit or audited financial statements from a certified auditor of their choice. (ii) Sub-recipients must at a minimum procure for an auditing firm/services every three years, through a Request for Proposal (“RFP”). Evidence of the procurement must be provided to MFA at the time of release of the RFP and when selections are completed. 5. For agencies that did not receive RAP funds in PY 2014, the agency must provide either an audit to the above standards or an independent CPA’s review of financial statements. 8|Page 6. Offeror must have been operating as an agency for a minimum of one (1) year as of the Application Date, sufficient to have one (1) full year covered in annual financial statements. 7. Offeror must be in “good standing” as of the date this RFP is issued. In order to be in good standing, Offeror must not have “suspended,” “debarred” or HUD’s Limited Denial of Participation status conferred upon it by MFA and/or other funding sources. Offeror must provide a print screen from www.sam.gov and https:/www5.hud.gov/ecpcis/main/ECPCIS_List.jsp documenting search of Offeror’s names, as proof of compliance. Must be dated within 30 days of the application date. 8. Offeror must submit application as directed in Section 2.3 Proposal Requirements. 9. Offerors Certification signed by authorized official. 10. Agencies that do not have a sufficient score to obtain a minimum contract of $10,000 will not be eligible to obtain funding and enter into a performance agreement with the MFA. 11. Disclosure: Please provide a statement disclosing: a. Any political contribution or gift valued in excess of $2,500.00 (singularly or in the aggregate) made by Offeror or on Offeror’s behalf to any elected official of the State of New Mexico currently serving or who has served on the MFA Board of Directors in the last three (3) years; and b. Any current or proposed business transaction between Offeror and any MFA member, officer, employee or their employer or other potential conflict which may give rise to a claim of conflict of interest. Offeror shall warrant that it has no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. ITEMS 12 THROUGH 15 ARE FOR NEW AGENCIES ONLY (FIRST TIME RESPONDING TO THE RENTAL ASSISTANCE PROGRAM RFP) 12. Offeror must submit a brief statement describing years of experience of the Executive Director, Financial Manager and other key staff, to demonstrate the administrative and financial management capacity necessary to accept and account for the use of public funds. 13. Offer must submit a brief statement describing years of experience of Program Staff, to demonstrate the capacity to provide Program services. 9|Page 14. Offer must submit agency mission statement. Statement includes an explanation of how RAP fits into the agency mission. 15. Offer must submit Executive summary (less than one page). Summary includes the following details: what the agency does, primary activities and major funding sources. 16. Offeror must submit bylaws or board resolution requiring board fiscal oversight that demonstrates financial integrity. Please provide a listing of your current Board Member in the following format. Name Home Address Employer Position on Board Area of Expertise/Qualification Years on Board Term Expire Date 17. Offeror must submit policies and procedures approved by its Board of Directors to demonstrate checks and balances, sound organization system of checks and balances (segregation of duties) in fiscal management. Policy describes separate roles and responsibilities for cash receipts, check requests, check cutting/preparation and check signing. Attach a board approved policy and procedure on the organization’s system of checks and balances for fiscal management. 18. Offeror must submit a table in the following format that demonstrates the administrative and financial management capacity necessary to accept and account for the use of public funds and to provide program services. Please include the positions of the executive director, financial manager, and other key staff: Program Staff Name 10 | P a g e Title Yrs. Experience Of Capacity/Role/ Services Offered 2.2 Proposal Requirements Offerors must meet the basic eligibility criteria specified in the Section 2 “Minimum Qualifications and Requirements” section of this RFP. In addition, Responses to the RFP must meet the requirements enumerated below. 1. Offerors must report any and all ESG or State Homeless funds received from other federal, state, local or tribal government funding sources as evidenced by the most current monitoring letter from said entities that Offerors are in good standing with their programs. 2. Offerors must not have any repeat or unresolved MFA monitoring findings, as determined by the MFA. 3. Offerors must describe any material, current or pending litigation, administrative proceedings or investigations that could impact the reputation or financial viability of the firm. 2.3 Evaluation of Proposals Proposal responses will be evaluated by an Internal Review Committee of MFA staff using the Evaluation Criteria as described in Section 3.1. The Review Committee will present its award recommendations to MFA management and MFA Board Committee for review and approval. The MFA Board Committee approval will be communicated to the MFA Board of Directors at the regularly scheduled monthly meeting to be held on May 20, 2015. Final selection will be made by the MFA Board of Directors. These dates are subject to change at the discretion of the MFA. MFA does not guarantee and is not obligated to make an award. Awards will be based on availability of funds, Offeror’s demonstrated need, Offeror’s score on the scoring criteria and/or for any of the other reasons set forth herein. 2.4 Deficiency Correction Period Upon receipt of all timely submitted proposals, MFA staff members will review all proposals to verify that all are complete in accordance with the requirements of this RFP. Should any proposal be missing a “Minimum Threshold Criteria” as describe in Section 2.1 in this RFP, it will be deemed incomplete, but subject to correction during the Deficiency Correction Period. The Deficiency Correction Period may not be used to increase the Offeror’s score. MFA shall communicate proposal deficiencies to each Offeror’s designated contact person within ten (10) business days of the RFP Proposal Submission date, March 19, 2015, via e-mail and U.S. Mail, and shall document all communication efforts. Applicants will have five (5) 11 | P a g e business days after the date of the e-mail delivery notice to submit the required information. All items must be submitted no later than April 9, 2015 at 4:00 PM Mountain Time on the fifth business day following notification of deficiencies. The response due date will be noted on the deficiency notice. If the information requested is not provided within the specified timeframe or is submitted but remains deficient, the Application will be rejected without any further review. Items eligible for correction or submission during the Deficiency Correction Period include missing or incomplete items required in the Minimum Threshold Section (2.1 and 2.2) of this application. Upon the expiration of the Deficiency Correction Period, MFA will not accept Offeror’s submission of any items still missing from the application. Section 3 Evaluation Criteria The MFA will award performance agreements to the Offerors whose proposals score the highest with respect to the evaluation criteria and that are most advantageous to the MFA. Proposals will be evaluated on Offeror’s documentation of meeting the following criteria: complying with threshold requirements; demonstration of organizational capacity, project readiness, financial resources and fiscal management and experience as defined in this RFP. Proposals will be scored on a scale from 1 to 100 based on the criteria listed below. A serious deficiency in any one criterion may be grounds for rejection regardless of overall score. MFA may apply a minimum score based on funding amounts available. Final award decisions will be made by the MFA Board of Directors. 3.1 Scoring Criteria Criteria Performance Agency Experience & Capacity Community Need Total Maximum Points 12 | P a g e Maximum Score 25 35 40 100 Maximum Points 1. Past Performance - Based on expenditure benchmark for RAP activity 10 contract, thru February 1, 2015. For the period of July 1, 2014 – February 1, 2015, expenditure benchmark is 66%. Category - Performance Met Benchmarks = 10 pts. Did not meet Benchmarks = 0 pts. 2. Findings – Based on most recent MFA monitoring visits for activity contract through February 1, 2015 0 findings = 10 pts. 1 finding = 5 pts. 2 findings = 0 pts. 3. Reports & Invoicing – Submitted reports and invoicing on time and correctly completed for activity contract from July 1, 2014 through February 1, 2015 10 5 0 or fewer late, incorrect and/or incomplete reports or invoices = 5 pts. 1 late, incorrect and/or incomplete reports or invoices = 3 pts. Late, incorrect and/or incomplete reports or invoices = 0 pts. 4. History of Rental Activity for PY 2014-2015 “Deductions” A deduction of (-5) points for every County proposed but did not serve for current Program Year 2014-2015. Period thru July, 2014 – February 1, 2015. (-5pts) 5. (For new agencies only) Letter of Good Standing - 10 points will be awarded for organization’s that have a letter of good standing from all funding sources. Total Maximum Points in Performance 10 (New Agencies Only) 25 Category – Experience & Capacity 6. Agency experience as a RAP provider 5 Agency has been providing rental assistance for more than 5 years or related experience = 5 points Agency has been providing rental assistance for less than 5 years but more than 2 years or any related experience = 2 points 7. Executive Director or related experience – 1 point per year of experience, up to 5 points 8. Program Manager or related experience – 1 point per year of experience, 13 | P a g e 5 5 up to 5 points 9. Fiscal Manager or related experience – 1 point per year of experience, up to 5 10. Certifications (HQS, LBP, Income Calculations) 11. Audit Findings –awarded based on the results of Offeror’s Independent Audit for their most recent completed fiscal year; however audit must not be for a fiscal year ending earlier than March 31, 2014.. Audit materials must include management’s responses to any findings. Offeror’s that do not submit an audit must also submit twelve (12) months of interim financial statements, reviewed and signed by an officer of the organization 5 5 10 No Findings & unqualified opinion = 10 points 1 finding & unqualified opinion = 5 points Total Maximum Points Experience & Capacity 35 Maximum Points 12. Community Need is based on the data below which indicates counties 20 where there are high rates of persons living in poverty, percentage of persons in poverty and unemployment. Points will be based on the county the Offeror proposes to serve and how many categories the county falls in to in the table below. One Category = 10; Two Categories = 20 Category - Community Need Percent Persons in Poverty 1 McKinley Luna San Miguel Torance Cibola Dona Ana Roosevelt Taos Socorro Hidalgo 1 Unemployment Rate 2 Luna Mora McKinley Taos Guadalupe Torrance Rio Arriba Sandoval Valencia Dona Ana Souce: U.S. Census Bureau American Community Survey 5 year estimates 2013. Table S1701: Poverty Status in the Past 12 Months.Table prepared by: Bureau of Business and Economic Research, University of New Mexico. 2 Source: Poverty by county ACS_13_5YR_S1701Table prepared by: Bureau of Business and Economic Research, University of New Mexico. 14 | P a g e 13. Describe the area to be served by the Offeror. The production plan should be broken down by county and by month. Points will be awarded for agencies that serve multiple counties: 4+ counties = 10 3 counties = 7 2 counties = 5 14. Proof of Coordination and Collaboration with other targeted homeless services (Include copy of Memorandum of Understanding (MOU’s), letters of coordination/agreements, contracts. Etc. Total Maximum Points Community Need 10 TOTAL SCORE 100 Section 4 10 40 Program Standards 4.1 General Program Requirements 1. Funds may not be used to replace lost federal funding. 2. ESG/State Funds may not be used except as allowed by the ESG regulations at 24 CFR 576, as amended by the HEARTH Act. 3. The focus of the Rental Assistance Program is to house individuals and families living on the streets or in emergency shelters and to prevent individuals and families from becoming homeless. 4. Documentation of Homelessness. Service Providers will be required to verify and certify the status of eligible beneficiaries as meeting the definition of homelessness, as described in the Beneficiary Eligibility Section below. 5. Income Verification. Service Providers are required to verify and certify the income of eligible beneficiaries through source documentation in accordance with HUD’s Part 5 definition of income, or other definitions as directed by the MFA. Adjusted income and rent calculations will be conducted in accordance with 24 CFR 5.609; MFA provides a form to calculate adjusted income, tenant rental payments and rent subsidy. 6. Housing Quality Standards (HQS). Any building in which ESG Short and Medium term rental assistance- funded housing is provided for eligible beneficiaries must meet the HQS for structure, access, space and security, interior air quality, water supply, sanitary facilities, thermal environment, illumination and electricity, food preparation and refuse disposal and fire safety, more fully described at 24 CFR 982.401. 15 | P a g e 7. HMIS. Service Providers are required to use HMIS to enter data for all clients served by ESG funding. 8. Rental Assistance Agreement and Lease Standards. a. The rental assistance agreement must set forth the terms under which rental assistance will be provided. b. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant’s lease. c. The recipient (RAP agency) or sub recipient (client) must make timely payments to owners in accordance with the rental assistance agreement. d. The recipient or sub recipient is solely responsible for paying (with non-ESG funds) late payment penalties that it incurs. e. Each participant receiving rental assistance must have a legally binding, written lease (between the owner/landlord and participant) for the rental unit, unless the assistance is solely for rental arrears. f. Project-based rental assistance leases must have an initial term of one year. 9. Rent Standard. The rent standard will be the current fair market rent as published annually by HUD, or the HUD-approved local housing authority payment standard. 10. Utility Allowances. Utility allowance schedules must be obtained from the local public housing authority on an annual basis for each county in the service area in order to determine the portion of the subsidy for utilities. 11. Lead-Based Paint. Service Providers must adhere to the requirements of 24 CFR 35 as it pertains to the notification, identification and control of hazards associated with leadbased paint in units assisted with ESG funds. 12. Case Management. Service Providers are required to provide case management and document a housing stability plan with eligible beneficiaries. a. Participants of ESG Housing Relocation and Stabilization Services must meet with a case manager at least once a month for the duration of assistance, except where funded under Violence Against Women’s Act (VAWA) or FVSP prohibits the recipient or subrecipent from making shelter or housing conditional upon the receipt of services. Monthly case management should address the following items: i. Assist the program participant in long-term housing stability ii. Develop a plan to assist program participants to retain permanent housing after ESG ends. 16 | P a g e b. Participants of ESG Housing Relocation and Stabilization Services must be assisted, as needed in obtaining appropriate supportive services (such as medical or mental health treatment or services essential for independent living) and/or mainstream benefits such as Medicaid, SSI or TANF. c. Agencies may not require persons with disabilities to participate in medical or disability related services as part of a self-sufficiency program; family’s failure to continue participation in self-sufficiency program would not be permitted as a basis for terminating assistance, but renewal of assistance is permitted to be conditioned on participation. d. Tenant’s failure to follow a transitional housing services plan is permissible basis for terminating tenancy or refusing to renew a lease. ESG program participants must be re-evaluated not less than every three (3) months for persons receiving Homeless Prevention assistance and not less than annually for receiving Rapid Re-Housing assistance. Re-evaluation must establish that: i. The program participant does not have an annual income that exceeds 30 percent of median family income for the area, as determined by HUD; and ii. The program participant lacks sufficient resources and support networks necessary to retain housing without ESG assistance. e. Program participants receiving ESG Homeless Prevention and Rapid Re-Housing assistance to notify the service provider regarding changes in the program participant’s income or other circumstances (household composition, etc.) that affect the program participant’s eligibility and the amount and types of assistance the program participant needs. 13. Referrals. Service Providers are required to collaborate and accept referrals from local service providers, including local shelters. 4.2 Matching Requirements Each Offeror is required to provide matching funds in an amount at least equal to their approved ESG funding amounts for eligible program activities. Eligible Match Sources are: Cash. Cash expended for allowable costs, as defined in 2 CFR Part 200.306 and 2 CFR Subpart E Noncash contributions. o The value or fair rental value of any donated material or building; o The value of any lease on a building; o Any salary paid to staff to carry out the program of the recipient; and o The value of the time and services contributed by volunteers to carry out the program of the recipient at a current rate of $5 per hour. Note: Volunteers providing professional services such as medical or legal services are valued at the reasonable and customary rate in the community. 17 | P a g e 4.3 Subcontractors Use of subcontractors must be clearly explained in the proposal and the method of selection must be noted. The Offeror will be wholly responsible for the entire performance, whether or not subcontractors are used. MFA must provide prior approval in writing of any subcontractors. Section 5 Additional RFP Standards 5.1 Protest Any Offeror who is aggrieved in connection with this RFP or the notification of preliminary selection to this RFP may protest to the MFA. A protest must be based on an allegation of a failure to adhere to the evaluation process as designated in the RFP, including the MFA’s Evaluation of Proposals. The protest must be written and addressed to: Shannon Tilseth, Administrative Assistant New Mexico Mortgage Finance Authority 344 4th Street, SW Albuquerque, NM 87102 The protest must be delivered to the MFA within seven (7) calendar days after the preliminary notice of award. Upon the timely filing of a protest, the Administrative Assistant shall give notice of the protest to all Offerors who appear to have a substantial and reasonable prospect of being affected by the outcome of the protest. The Offerors receiving notice may file responses to the protest within seven (7) calendar days of notice of protest. The protest process shall consist of review of all documentation and any testimony provided in support of the protest by the Contracted Services Committee of MFA’s Board of Directors, which shall thereafter make a recommendation to the full Board of Directors regarding the disposition of the protest. The Board of Directors shall make a final determination regarding the disposition of the protest. Offerors or their representatives shall not communicate with MFA Board of Directors or staff members regarding any proposal under consideration, except when specifically permitted to present testimony to the committee of the Board of Directors. A proposal will be deemed ineligible if the Offeror or any person or entity acting on behalf of Offeror attempts to influence members of the Board of Directors or staff during any portion of the RFP review process or does not follow the prescribed Application and Protest process. 5.2 RFP Revisions and Supplements Should revisions or additional information be necessary to clarify any provision of this RFP, the revision or additional information will be provided to all Offerors via the MFA website. 18 | P a g e 5.3 Incurred Expenses The MFA shall not be responsible for any expenses incurred by an Offeror in responding to this RFP. All costs incurred by Offerors in the preparation, transmittal or presentation of any proposal or material submitted in response to this RFP will be borne solely by the Offeror. 5.4 Cancellation of Requests for Proposals or Rejection of Proposals The MFA may cancel this RFP at any time for any reason and may reject any or all proposals which are not responsive. In addition, Offeror may also cancel their proposal at any time during the RFP application process. 5.6 Evaluation of Proposals Responses will be evaluated by an Internal Review Committee of MFA staff using the Evaluation Criteria. Award recommendations will be reviewed by MFA management and by an MFA Board Committee. Final selection will be made by the MFA Board of Directors. 5.7 Award Notice MFA shall provide written notice of the award to all Offerors within ten (10) calendar days of the date of the award. The award shall be contingent upon successful negotiations of a final contract between MFA and the Offeror whose proposal is accepted by MFA. 5.8 Proposal Confidentiality Except in response to inquiries as part of the evaluation process until the award is made and notice given to all Offerors, no employee, agent, or representative of an Offeror shall make available or discuss its proposal with any officer, member, employee, agent, or representative of the MFA. Until the award is made and notice given to all Offerors, the MFA will not disclose or discuss the contents of any proposal with an Offeror or potential Offeror. 5.9 Responsibility of Offerors If an Offeror who otherwise would have been awarded a contract is found not to be a responsible Offeror, a determination setting forth the basis of the finding shall be prepared and the Offeror shall be disqualified from receiving the award. A Responsible Offeror means an Offeror who submits a proposal that conforms in all material respects to the requirements of this RFP and who has furnished, when required, information and data to prove that the Offeror’s financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in this RFP. The unreasonable failure of an Offeror to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Offeror is not a Responsible Offeror. 19 | P a g e 5.10 Code of Conduct No Board member or employee of the MFA shall have any direct or indirect interest in any contract with the Offeror nor shall any contract exist between Offeror or its affiliate with Board or staff that would give rise to any claim of conflict of interest. Any violation of this provision will render void any contract between MFA and the Offeror for which MFA determines that a conflict of interest exists as herein described, unless that contract is approved by the Board of Directors after full disclosure. Offeror shall provide a statement disclosing any political contribution or gift valued in excess of $2,500 (singularly or in the aggregate) made by Offeror or on Offeror’s behalf to any elected official of the State of New Mexico currently serving or who has served on the MFA Board of Directors in the last three (3) years. Offeror shall warrant that it has no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract entered into with MFA pursuant to this NOFA [or RFP]. Offeror shall at all times conduct itself in a manner consistent with the MFA Code of Conduct and MFA’s Anti-Harassment Policy. A copy of the MFA Code of Conduct and of MFA’s Anti- Harassment Policy is posted on the MFA web site for review at http:\\www.housingnm.org/rfp. Upon request by the MFA, Offeror shall disclose information the MFA may reasonably request relating to conflict or potential conflicts of interest. 5.11 Other Federal Requirements Offerors must comply with all applicable federal, state and local codes, statutes, laws and regulations which include but are not limited to: 24 CFR 84.21 "Standards for Financial Management Systems." Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000d et seq. and 24 CFR Part 1). Fair Housing Act (42 USC 3601 et seq.). Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order 12892 and 24 CFR Part 107). Age Discrimination Act of 1975, as amended (42 USC 6101 et seq.). Americans with Disabilities Act (42 USC 12101 et seq.). Equal Employment Opportunity, Executive Order 11246, as amended, (24 CFR Part 570, Subpart J). Fair Labor Standards Act of 1938, as amended (29 USC 201 et seq.). Contract Work Hours and Safety Standards Act, as amended (40 USC 3701 et seq.). Davis Bacon and Related Acts (40 USC 3141-3148). Anti-Kickback Act of 1986 (41 USC §51-58). Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u). 20 | P a g e Minority/Women’s Business Enterprises, Executive Orders 11625, 12432 and 12138. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Lead Based Paint Poisoning Act (42 U.S.C. § 4822 and 24 CFR Part 35). 24 CFR 570.307(1), (Executive Order 11625). Environmental Reviews (24 CFR Part 92.352). National Environmental Policy Act (NEPA) of 1968, (24 CFR Parts 50 and 58). Property Inspections (Housing Quality Standards of 24 CFR Part 982.401). Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by 42 USC 4601, and the regulations at 49 CFR Part 24, Subpart B. Debarment & Suspension (Executive Order 12549, 51 Fed. Reg. 6370). Affirmative Marketing (24 CFR Part 92.351). The Uniform Administrative & Program Requirements (24 CFR Part 92.357 and Executive Order 12372) as applicable. Participation in HUD Programs by Faith-Based Organizations (24 CFR Parts 92, 570, 572, 574, 576, 582, 583, and 585). 2 CFR 200 Subpart E 5.12 Confidential Data Offerors may request, in writing, nondisclosure of confidential data. Such data shall accompany the proposal and shall be readily separable from the proposal to facilitate public inspection of non-confidential portions of the proposal. After award, all proposals and documents pertaining to the proposals will be open to the public. Confidential data is normally restricted to confidential financial information concerning the Offeror’s organization and data that qualifies as trade secrets under the Uniform Trade Secrets Act, Section 57-3A1 NMSA 1978 et seq. If a citizen of this state requests disclosure of data for which a request for confidentiality is made, the MFA shall examine the request for confidentiality and make a written determination that specifies which portions of the proposal should be disclosed and will provide the Offeror with written notice of that determination. Unless the Offeror protests within ten (10) calendar days of the notice, the proposal will be so disclosed. 21 | P a g e 5.14 Mortgage Finance Authority Roster Board Members Chair – Dennis R. Burt – Burt & Company CPAs, LLC Vice Chair – Angel Reyes – Centinel Bank in Taos Member - John Sanchez – Lieutenant Governor, State of New Mexico Member – Hector Balderas - Attorney General, State of New Mexico Member – Tim Eichenberg - Treasurer, State of New Mexico Member – Steven Smith - President, R.O.G. Enterprises Member - Randy McMillan – President, NAI First Valley Realty, Inc. Management Jay Czar, Executive Director Joseph Montoya, Deputy Director of Programs Gina Hickman, Deputy Director of Finance Staff Roster AFShin Seysan Al Radicioni Alma Brown Angel Candelaria Anita Racicot Barbara Tashkandy Blanca Vasquez Carmela Arellano Carol Salazar Christina Gerwin Cynthia Marquez Dan Foster Dan Puccetti Dana Gohr Debbie Davis Desarey Maldonado Doris Clark Eric Schmeider Eunice Duran Felicia c’de Vaca Francina Martinez 22 | P a g e Frankie Salcido Gina Bell Izzy Hernandez Jacqueline Boudreaux Jeannette Marquez Judy Amador Karen Anderson Kathleen Keeler Kathy Griego Laura Thompson Laurie Lindendill Leann Kemp Lisa Romero Loretta Martinez Maggie Raznick Marjorie Martin Mercy Castillo Michael Scott Monica Abeita Natalie Michelback Nicole Sanchez-Howell Pat Rogers Patrick Ortiz Patty Balderrama Rebecca Sanchez Rob Jones Roderick Stokes Rose Baca-Quesada Sandra Marez Shannon Tilseth Shawn Rasmussen Stacy Huggins Stacy Vernon Suzette Chavez Teresa Chiarolanza Teri Baca Theresa Garcia Troy Cucchiara Yvonne Reed Yvonne Segovia Section 6 Application for 2015-2016 Rental Assistance Program Agency Name Submission Checklist By initialing on this list, you are certifying that you have enclosed the following items as defined in this RFP. Items should be attached in the order listed. Initial Initial ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ Section (§) Item Required Turn in an original and 3 copies of application package with all items below MINIMUM QUALIFICATIONS AND REQUIRMENTS (Allowable Deficiency Correction items) Item Required Section (§) Non-profits only: Proof of 501(c)(3) Non-profits only: Proof of current registration with the New Mexico Attorney General for tax year 2014 from https://secure.nmag.gov/coros/ , page 1 of the “NM Charitable Organization Registration Statement” Non-profits only: Letter of Support from the unit of local government dated within 180 days, from city, town, village or tribe; if unincorporated, county §2.1(1) §2.1(2) All: FY2014 (fiscal year ending on or after 3/31/2014) or FY 2015 Agency Independent Audit or audited financial statements, §2.1(4) including all correspondence referenced & management response. (Turn in only 1 copy of the audit) All: Proof of good standing (dated within 30 days of application date from https:/www5.hud.gov/ecpcis/main/ECPCIS_List.jspand sam.gov printout) All: Offeror Certifications signed by authorized official All: Disclosure Statements New Agencies only: Statement of Experience of Executive Director New Agencies only: Statement of Experience of Fiscal Manager New Agencies only: Statement of Experience Other Key Staff New Agencies only: Statement of Experience of Program Manager and Resumes of Program Staff New Agencies only: Agency Mission Statement New Agencies only: Executive Summary All: Bylaws or Board resolution pertaining to fiscal oversight committee All: Checks and Balances - Fiscal policies on internal control and segregation of duties EVALUATION CRITERIA All: Completed Application Form ADDITIONAL ITEMS All: Non- MFA Federal, State, Local or Tribal Monitoring letters 23 | P a g e §2.1(3) §2.1(7) §2.1(9); §7 §2.1(11) §2.1(12) §2.1(12) §2.1(13) §2.1(13) §2.1(14) §2.1(15) §2.1(16) §2.1(17) §6 §2.2(1) Date of Application: A. General Information Agency Name Entity Type Federal Tax ID Number Contact Person Telephone Number E-Mail Address Mailing Address City B. Non-Profit Local Government Title ext. Fax Number NM Zip Offeror Application Information 1. Expenditure benchmarks, at the time of proposal submission, from 2014-2015 PY Contract awards must be as follows: Benchmarks thru February 2014 Report Month of Last YTD % of MFA Submittal approved by MFA Expenditures Expenditures of % Agency MFA Score Score 2. Performance – History of Rental Assistance a. Current sub-grantees: complete the following table on current program performance, July 1, 2014 – February 1, 2015: County(s) Served ESG Scope of Work Amount Amount Expended* Number of Households $ $ $ $ $ $ $ $ $ $ Total Number of Total Scope of Work Total Expended $ Total Households: Counties $ *Amount Expended and invoice was received at MFA by application due date. # of Counties In Original Scope of Work for PY 2014-2015 Number of Counties Actually Served 24 | P a g e b. For New Agencies; Describe agency experience with Supportive Housing Program (SHP) leasing, Shelter Plus Care (S+C) leasing, Housing for Persons with AIDS (HOPWA) Tenant Based Rental Assistance (TBRA), Homelessness Prevention and Rapid Re-Housing Program (HPRP), Section 8/Housing Choice Voucher, Public Housing, Linkages Housing Vouchers, or other housing program following the Section 8 rent calculation formula. Must have a minimum of one (1) year experience. County/Project Location 25 | P a g e Name of Program Funding Source Amount Awarded Status of Program Completed on Time YES or NO Number of households served Contracting AgencyContact Name and email address 3. Organizational Experience and Capacity Agency & Management Experience Years of Experience a. b. c. d. e. Agency as a RAP Provider ED Program Manager Fiscal Manager Certifications HQS, LBP, Income Calculations f. Staff Responsibilities Please fill in the below table with the staff (or board) titles and names who will be performing the tasks listed. Intake Procedure and Program Staff Title(s) & Name(s) Years Experience Tasks directly related to RAP Outreach to Community Intake (receive applications) Verify Income Review Application Verify Rent Reasonableness and Payment Standard Calculate Rent, including Utility Allowance Perform HQS Inspection Review Lease and Lease Addendum Request Payments Issue Checks Sign Checks Administrative Tasks Obtain Current Payment Standard and Utility Allowance from PHA Prepare Monthly Unit Setup Report Prepare Monthly Invoice Track Expenditures Create & Update Policies and Procedures 26 | P a g e g. Financial Information: Total agency annual budget: i. End date of last fiscal year audited (FY2014 (fiscal year ending on or after 3/31/2014) or FY 2015) : ii. If auditor’s opinion was qualified, how is your agency addressing this? If opinion was unqualified, write “Unqualified opinion”. Do not write “see audit”. iii. Provide a summary of audit findings, material weaknesses and/or significant deficiencies, if any, and your actions in response to the findings. If none, write “None”. Do not write “see audit”. iv. Provide a copy of the Management letter and audit findings, if any and Management Response Letter to the findings. v. What other Federal, State, local and/or Tribal funds does the agency receive? For each source listed, attach a copy of the most recent monitoring letter. 4. Community Need a. Ability to Serve Proposed Counties Does your agency have application sites in all counties proposed? If no, please explain where and how applicants will pick up and turn in applications. b. Does your agency currently conduct HQS inspections in all counties proposed? If no, explain how your agency will complete HQS inspections in a timely fashion prior to providing RAP assistance. c. Describe how your agency achieves performance measure for housing placements into transition or permanent housing. Describe how your agency demonstrates that its services are coordinated with other community service providers and can accommodate the needs of the target population. 27 | P a g e d. Proposed Scope of Work Complete the following table on program proposed: County TOTAL 28 | P a g e ESG Amount Requested $ $ $ $ $ Total $ Number of Households Total Average per Household $ $ $ $ $ Total $ Deposits (Y / N) Rent (Y / N) If Rent, # of Months Section 7 Certifications Mortgage Finance Authority Program. (“Offeror”) is submitting a proposal to the (“MFA”) to be a sub-grantee under the Rental Assistance Offeror certifies that: It will abide by all applicable Federal and State of New Mexico laws and all applicable statutory, regulatory, and judicially created rules and guidelines. It understands that MFA will monitor its performance and compliance. It is in good standing with all its funding sources. It complies with Equal Employment Law and complies fully with all government regulations regarding nondiscriminatory employment practices. It understands and represents that any contract it enters into with MFA will be binding in all respects. It has a current registration with the New Mexico Attorney General’s Registry of Charitable Organizations, if applicable. This proposal shall be valid until contract award or 90 calendar days from the proposal due date, whichever is longer. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IN THE PROPOSAL IS TRUE AND CORRECT, AND THAT I HAVE THE AUTHORITY TO BIND THE OFFEROR TO THE ASSURANCES, AS WITNESSED BY MY SIGNATURE BELOW. Signature of Authorized Official on behalf of Offeror Printed Name 29 | P a g e Date Title MFA Rental Assistance Program RFP