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Executive Summary
The Borough of Fanwood is seeking Qualification Statements from firms or organizations with demonstrated capability and willingness to provide high-quality Affordable Housing Attorney services. The selected firm will assist the Borough with affordable housing obligations, represent the Borough in related legal matters, serve as legal advisor, attend meetings, draft legal documents, and work with Borough staff. Firms must have a lead attorney licensed in New Jersey for a minimum of 10 years and have served as affordable housing attorney for one or more municipalities for at least 5 years. Statements are due by April 18, 2024, at 12:00 P.M.
Web Content
Affordable Housing Attorney Services - Source: https://fanwoodnj.org/previous-2024-bids-rfp-rfq-opportunities/
Document Text
--- Document: Affordable Housing Attorney Services Document ---
1
PUBLIC NOTICE
NOTE: The Borough will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner
described in this Request for Qualifications and in any subsequent Request for Proposals.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF AFFORDABLE HOUSING
ATTORNEY SERVICES:
ISSUE DATE: March 28, 2024
DUE DATE: April 18, 2024
12:00 P.M.
Issued by: Borough of Fanwood
County of Union
State of New Jersey
1
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
“Borough” - refers to the Borough of Fanwood, County of Union, State of New Jersey.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the
Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the
Borough) have satisfied the qualification criteria set forth in this RFQ.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or
supplements thereto.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification
Statement.
2
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1.
Introduction and Purpose.
The Borough is soliciting Qualification Statements from interested companies
and/or persons (“firms”) for the provision of Affordable Housing Attorney services, as more
particularly described herein. Through a Request for Qualification process described herein, firms
interested in assisting the Borough with the provision of such services must prepare and submit a
Qualification Statement in accordance with the procedure and schedule in this RFQ. The Borough
will review Qualification Statements only from those firms that submit a Qualification Statement
which includes all the information required to be included as described herein (in the sole judgment
of the Borough). The Borough intends to qualify firm(s) that (a) possesses the professional,
financial and administrative capabilities to provide the proposed services, and (b) offers the
financial terms and conditions that are determined by the Borough to provide the greatest financial
benefit to the taxpayers of Borough.
1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is subject to the provisions of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq. In addition, the Borough has structured a procurement
process that seeks to obtain the desired results described above, while establishing a competitive
process to assure that each firm is provided an equal opportunity to submit a Qualification
Statement in response to the RFQ. Qualification Statements will be evaluated in accordance with
the criteria set forth in Section 2 of this RFQ, which will be applied in the same manner to each
Qualification Statement received.
Qualification Statements will be reviewed and evaluated by the Borough and its legal and
financial advisors (collectively, the "Review Team"). The Qualification Statements will be
reviewed to determine if the Respondent has met the minimum professional, administrative and
financial areas described in this RFQ. Based upon the totality of the information contained in the
Qualification Statement, including information about the reputation and experience of each
Respondent, the Borough will (in its sole judgment) determine which Respondents are qualified
(from professional, administrative and financial standpoints) Each Respondent that meets the
requirements of the RFQ (in the sole judgment of the Borough) will be designated as a Qualified
Respondent and will be given the opportunity to submit a detailed proposal in response to RFP’s
issued by the Borough.
The RFQ process commences with the issuance of this RFQ. The steps involved in the
process and the anticipated completion dates are set forth in Table 1, Procurement Schedule. The
Borough reserves the right to, among other things, amend, modify or alter the Procurement
Schedule upon notice to all potential Respondents.
3
All communications concerning this RFQ or the RFQ process shall be directed to the
Borough’s Designated Contact Person, in writing, to the address below. RFQ documents can be
accessed at fanwoodnj.org, or by contacting the Designated Contact Person below.
Designated Contact Person:
Pat Hoynes
Borough of Fanwood
75 North Martine Avenue
Fanwood, New Jersey 07023
908-322-8236
Qualification Statements must be submitted to, and be received by, the Borough, via
mail, overnight courier, or hand delivery, by 12:00 p.m. Prevailing Time on April 18, 2024.
Qualification Statements will not be accepted by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Borough (through the issuance of addenda to all
firms that have received a copy of the RFQ) may modify, supplement or amend the provisions of
this RFQ in order to respond to inquiries received from prospective Respondents or as otherwise
deemed necessary or appropriate by (and in the sole judgment of) the Borough.
4
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications March 28, 2024
2. Receipt of Qualification Statements April 18, 2024
12:00 p.m.
3. Review by Review Team with April 23, 2024
Recommendations as to
(Tentative)
Designation of Qualified Respondents
4. Selection of Contractor May 6, 2024
(Tentative)
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent
acknowledges and consents to the following conditions relative to the submission and review and
consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Borough to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ
shall be borne solely by the Respondent.
•
The Borough reserves the right (in its sole judgment) to reject for any reason any
and all responses and components thereof and to eliminate any and all Respondents
responding to this RFQ from further consideration for this procurement.
•
The Borough reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFQ, or a Qualification Statement that is not
responsive to the requirements of this RFQ.
•
The Borough reserves the right (in its sole judgment) to determine those
Respondents that are qualified to submit Proposals in response to an RFP.
5
•
The Borough reserves the right, without prior notice, to supplement, amend, or
otherwise modify this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Borough and will not
be returned.
•
All Qualification Statements will be made available to the public at the appropriate
time, as determined by the Borough (in the exercise of its sole discretion) in
accordance with law.
•
The Borough may request Respondents to send representatives to the Borough for
interviews.
•
Any and all Qualification Statements not received by the Borough by 12:00 p.m.
Prevailing Time on November 16, 2023 will be rejected.
•
Neither the Borough, nor their respective staffs, consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages
resulting from the solicitation or preparation of the Qualification Statement, nor
will there be any reimbursement to Respondents for the cost of preparing and
submitting a Qualification Statement or for participating in this procurement
process.
Section 1.4.
Rights of Borough
The Borough reserves, holds and may exercise, at its sole discretion, the following rights
and options with regard to this RFQ and the procurement process in accordance with the provisions
of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply
with the terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda
to all prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the
issuance of notice to all prospective Respondents who have received a copy of this
RFQ.
•
To conduct investigations of any or all of the Respondents, as the Borough deems
necessary or convenient, to clarify the information provided as part of the
Qualification Statement and to request additional information to support the
information included in any Qualification Statement.
6
•
To suspend or terminate the procurement process described in this RFQ at any time
(in its sole discretion.) If terminated, the Borough may determine to commence a
new procurement process or exercise any other rights provided under applicable
law without any obligation to the Respondents.
The Borough shall be under no obligation to complete all or any portion of the procurement
process described in this RFQ.
1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of proposals, the Borough may issue
addenda, amendments or answers to written inquiries. Those addenda will be noticed by the
Borough and will constitute a part of the RFQ. All responses to the RFQ shall be prepared with
full consideration of the addenda issued prior to the proposal submission date.
1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be
prepared at the sole cost and expense of the respondent. There shall be no claims whatsoever
against the Borough, its staff or consultants for reimbursement for the payment of costs or expenses
incurred in the preparation of the Qualification Statement or other information required by the
RFQ.
1.7
Proposal Format.
Responses should cover all information requested in the Questions to be answered in this
RFQ.
Responses which in the judgment of the Borough fail to meet the requirements of the RFQ
or which are in any way conditional, incomplete, obscure, contain additions or deletions from
requested information, or contain errors may be rejected.
7
SECTION 2
SCOPE OF SERVICES
Affordable Housing Attorney
It is the intent of the Borough to solicit Qualification Statements from Respondents that
have expertise in the provision of legal services, particularly in matters related to affordable
housing in the State of New Jersey. The attorney will be expected
Specifications include, but are not limited to:
(1) Supervise and coordinate negotiations within the scope of the Borough’s affordable
housing obligations promulgated by legislative, executive, and judicial entities of the State of New
Jersey and other public entities, including but not limited to the New Jersey Council on Affordable
Housing (COAH) and the Fair Share Housing Center of New Jersey;
(2) Prosecute or defend any and all suits or actions, whether in law, equity or administrative
proceedings, to which the Borough, through its redevelopment actions or undertakings, may be a
party or in which it may be interested, or proceedings in which any officer of the Borough in the
capacity of such office may be a party;
(3) Serve as legal advisor and counsel thereby rendering opinions in writing and giving
advice on all affordable housing questions of law submitted affecting the municipality;
(4) Attend Regular and Special Meetings of the Mayor and Council, Planning
Board/Zoning Board of Adjustment as directed;
(5) Draft, or supervise the phraseology of any contract or other legal document or
instrument to which the Borough may be a party;
(6) Draft and approve as to form and sufficiency all legal documents, Ordinances, and
Resolutions made, executed or adopted by or on behalf of the Borough;
(7) Subject to ratification by the Mayor and Council, have the power to enter into any
agreements, compromises or settlements of any appeal litigation in which the Borough is involved;
(8) Work in concert and coordination with Borough staff including but not limited to the
Borough Administrator, Redevelopment Counsel, and Municipal Planner(s);
(9) Have such other functions, powers, and duties as may be provided by General Law or
Ordinance.
8
Firms responding to this RFQ shall demonstrate that they will have the continuing
capabilities to perform these services and that the lead attorney in the firm or the individual
attorney has been a licensed New Jersey attorney for a minimum of 10 years and has served as the
affordable housing attorney for one or more municipalities for a minimum of 5 years.
The Affordable Housing Attorney shall perform legal services when the Borough of
Fanwood is in need of affordable housing attorney services.
Firms responding to this RFQ shall demonstrate that they will have the continuing
capabilities to perform the required services.
9
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the
professional, administrative and financial qualifications set forth in this Section 3 and shall
incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit
supplemental information that it feels may be useful in evaluating its Qualification Statement.
Respondents are encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following
information:
1.
An executive summary (not to exceed two (2) pages) of the information contained
in all the other parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the
Qualification Statement pursuant to this RFQ, and the name of the key contact
person.
4.
A description of the business organization (i.e., person, corporation, partnership,
joint venture, etc.) of each firm, its ownership and its organizational structure.
(a)
Provide the names and addresses of all Principals of the firm or firms
submitting the Qualification Statement. For purposes of this RFQ,
"Principals" means persons possessing a 10% ownership interest in the
Respondent. If the Respondent is a corporation, limited liability corporation
and limited liability partnership, "Principals" shall include each investor
who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of 10% or more in the
firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm,
identify the parent company and describe the nature and extent of the
parents' approval rights over the activities of the firm submitting a
Qualification Statement. Describe the approval process.
10
(c)
If the Respondent is a partnership or a joint venture or similar organization,
provide comparable information as required in (b) above for each member
of the partnership, joint venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable
affirmative action (or similar) requirements with respect to its business
activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
A current Rate sheet/Fee schedule
7.
The number of years your organization has been in business under the present
name.
8.
The number of years the business organization has been under the current
management.
9.
A statement that the Respondent is in compliance with all applicable affirmative
action (or similar) requirements with respect to its business activities, together with
evidence of such compliance.
10.
Any judgments, claims or suits pending or outstanding against company. If yes,
please explain.
11.
Whether the business organization is now or has been involved in any bankruptcy
or re-organization proceedings in the last ten (10) years. If yes, please explain.
12.
Confirm appropriate federal and state.
13.
Provide Tax ID
Section 3.3
Professional Information Requirements.
a.
Respondent shall submit a description of its overall experience in providing
the type of services sought in the RFQ. At a minimum, the following information on past
experience should be included as appropriate to the RFQ:
1.
description and scope of work by Respondent
2.
name, address and contact information of references
3.
fees
4.
explanation of perceived relevance of the experience
to the RFQ
b.
Describe the services that Respondent would perform directly.
11
c.
Describe those portions of the Respondent’s services, if any, that are sub-
contracted out. Identify all subcontractors the Respondent anticipates using in connection with
this project.
d.
Brief description of Respondent’s projects during the last three (3) years
related to the services requested.
e.
Resumes of key employees who would be involved in performing the
services.
f.
A narrative statement of the Respondent’s understanding of the
Borough’s needs and goals.
g.
Commitment to quality management.
h.
Organizational chart.
i.
List all immediate relatives of Principal(s) of Respondent who are Borough
employees or elected officials of the Borough. For purposes of the above,
“immediate relative” means a spouse, parent, stepparent, brother, sister,
child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-
laws by reason of relation.
12
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Respondents must submit an original and three (3) of their Qualification Statement to the
Designated Contact Person:
Pat Hoynes
75 North Martine Avenue
Fanwood, New Jersey 07023
908-322-8236 Ext. 121
Qualification Statements must be received by the Borough no later than 12:00 p.m.
(prevailing time) on April 18, 2024 and must be mailed or hand-delivered. Qualification
Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and
must be in strict conformance with the instructions set forth herein. Qualification Statements and
all related information must be bound, and signed and acknowledged by the Respondent.
13
SECTION 5
EVALUATION
The Borough’s objective in soliciting Qualification Statements is to enable it to select a
firm or organization that will provide high quality and cost effective services to the citizens of
Borough. The Borough will consider Qualification Statements only from firms that, in the
Borough’s judgment, have demonstrated the capability and willingness to provide high quality
services to the citizens of the Borough in the manner described in this RFQ.
The following criteria, not necessarily listed in the order of importance, will be used to review
the proposals. The Borough reserves the right to weigh its evaluation criteria in any manner it
deems appropriate for the best interest of the Borough:
• Experience and reputation in the field
• Qualification of individual(s) who will perform the service or activity
• Knowledge of the Borough and the subject matter to be addressed by the contract
• Availability to accommodate and required meetings
• Compensation proposal
• Other factor, if demonstrated to be in the best interest of the Borough
14
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be
made to this letter)
[insert date]
Pat Hoynes
Borough of Fanwood
75 North Martine Avenue
Fanwood, New Jersey 07023
Dear Ms. Hoynes:
The undersigned have reviewed Qualification Statement submitted in response to the
Request for Qualifications (RFQ) issued by the Borough ("Borough"), October 26, 2023, in
connection with appraisal services.
We affirm that the contents of our Qualification Statement (which Qualification Statement
is incorporated herein by reference) are accurate, factual and complete to the best of our knowledge
and belief and that the Qualification Statement is submitted in good faith upon express
understanding that any false statement may result in the disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture,
appropriate officers of each company shall sign.)
(Signature of Chief
(Signature of Chief
Executive Officer)
Financial Officer)
(Typed Name and Title)
(Typed name and Title)
(Type Name of Firm)*
(Type Name of Firm)*
Dated: ___________________
Dated: ______________________
*
If a joint venture, partnership or other formal organization is submitting a Qualification
Statement, each participant shall execute this Letter of Qualification.
15
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be
made to this letter)
[insert date]
Pat Hoynes
75 North Martine Avenue
Fanwood, New Jersey 07023
Dear Ms. Hoynes:
The undersigned, as Respondent, has (have) submitted the attached Qualification
Statement in response to a Request for Qualifications (RFQ), issued by the Borough of Fanwood
("Borough"), dated October 26, 2023 in connection with appraisal services.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) is interested in being invited to respond to the Borough's
Request for Proposal (RFP). It is the intent of (Name of Respondent), if selected, to complete and
submit a proposal for the provision of [insert services].
3.
(Name of Respondent) agrees to participate in good faith in the procurement
process as described in the RFQ and to adhere to the Borough's procurement schedule.
4.
(Name of Respondent) acknowledges that all costs incurred by it (them) in
connection with the preparation and submission of the Qualification Statement and any proposal
prepared and submitted in response to the RFP, or any negotiation which results therefrom shall
be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares that the only persons participating in this
Qualification Statement as Principals are named herein and that no person other than those herein
mentioned has any participation in this Qualification Statement or in any contract to be entered
into with respect thereto. Additional persons may subsequently be included as participating
Principals, but only if acceptable to the Borough. (Name of Respondent) declares that this
Qualification Statement is made without connection with any other person, firm or parties who has
submitted a Qualification Statement, except as expressly set forth below and that it has been
prepared and has been submitted in good faith and without collusion or fraud.
6.
(Name of Respondent) acknowledges and agrees that the Borough may modify,
amend, suspend and/or terminate the procurement process (in its sole judgment). In any case, the
16
Borough shall have any liability to the Respondent for any costs incurred by the Respondent with
respect to the procurement activities described in this RFQ.
7.
(Name of Respondent) acknowledges that any contract executed with respect to the
provision of [insert services] must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such
applicable laws.
8.
(Name of Respondent) acknowledges and agrees that it will be obligated to satisfy
the requirements set forth in the RFQ at the time of submission of Proposals. The Respondent
hereby states that (as of the date hereof) it has a reasonable expectation that it will be able to satisfy
such criteria and requirements as of the date of Proposal submittal.
(Respondent shall sign and complete the space provided below. If a joint venture,
appropriate officers of each company shall sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)*
Dated: ________________
*
If a joint venture, partnership or other formal organization is submitting a Qualification
Statement, each participant shall execute this Letter of Intent.
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Pat Hoynes
Borough of Fanwood
(***) ***-****
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Timeline
First Discovered
Mar 19, 2026
Last Info Update
Apr 30, 2026
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