MURIEL BOWSER
MAYOR
November 22, 2022
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code 1-
204.51), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Contract No. 2022-32 with BCP 1 LLC in the in the amount of $43,842,208.
Under the proposed contract, the District will loan $43,842,208 to BCP 1 LLC, which will use
the proceeds of the loan to finance certain eligible costs for 169 units of affordable housing
located at 4272 7th Street SE in Ward 8.
I am available to discuss any questions you have regarding the proposed contract. In order to
facilitate a response to any questions you may have, please have your staff contact Tsega Bekele,
Chief of Staff, DHCD, at (202) 442-7144.
I look forward to the Councils favorable consideration of this contract.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Housing and Community Development
COUNCIL CONTRACT SUMMARY
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, effective April
8, 2011 (D.C. Law 18-371; D.C. Official Code 2-352.02(c)), the following contract
summary is provided:
(A) The proposed contractor, contract amount, unit and method of compensation, contract
term, and type of contract:
Proposed Contractor: BCP 1 LLC
Contract Amount: $43,842,208
Unit and Method of Compensation: Draw Schedule
Term of Contract: 43 yrs Interest varies
Type of Contract: Loan agreement
(B) The goods or services to be provided, the methods of delivering goods or services, and
any significant program changes reflected in the proposed contract:
The Department of Housing and Community Development (DHCD) proposes to
provide a loan to BCP 1 LLC in the amount of $43,842,208 from the Housing
Production Trust Fund for the purpose of financing certain eligible costs associated
with 169 affordable housing units located 4272 7th Street SE., in Ward 8.
(C) Results, including the price and technical components:
DHCD received a request for funding from the borrower to be used for the purpose of
financing certain eligible costs associated with 169 affordable housing located at 4272
7th Street SE., in Ward 8.
Page 1 of 3
(D) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and prior performance on contracts with
the District government:
The Owner/Borrowing Entity will be BCP 1 LLC, a limited liability corporation that will be owned
by a joint venture of Gilbane Inc., Equity Plus, Housing Help Plus, and MED. Gilbane will be the
primary sponsor.
(E) Performance standards and the expected outcome of the proposed contract:
The proposed DHCD loan proceeds will be used to provide a loan to BCP 1 LLC in the
amount of $43,842,208 from the Housing Production Trust Fund for the purpose of
financing certain eligible costs associated with 169 affordable housing units located at
4272 7th Street SE in Ward 8.
The project is consistent with DHCDs goal of preserving and producing affordable
housing for low-to-moderate income residents. Additionally, the borrower is required to
fulfill all conditions as set forth in the loan agreement within the agreed upon time
frames. Failure to fulfill the terms of the loan agreement will constitute default.
(F) A certification that the proposed contract is within the appropriated budget authority
for the agency for the fiscal year and is consistent with the financial plan and budget
adopted in accordance with D.C. Official Code 47-392.01 and 47-392.02:
The loan will be funded through the Housing Production Trust Fund. Attached is the
certification that the proposed loan agreement is consistent with the Districts financial
plan and budget.
(G) A certification that the proposed contract is legally sufficient, including whether the
proposed contractor has any currently pending legal claims against the District:
A legal sufficiency memorandum from the Office of the General Counsel is attached.
(H) A certification that the proposed contractor is current with its District and federal
taxes or has worked out and is current with a payment schedule approved by the
District or federal government:
District and federal tax law compliance certifications are attached.
Page 2 of 3
(I) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C.
Law 16-32; D.C. Official Code 2-218.01 et seq.):
BCP 1 LLC is not a certified local, small, or disadvantaged business enterprise.
(J) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(K) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:
The proposed contractor is not currently debarred from providing services or goods to the
District or federal government. A debarment affidavit is attached.
(L) Where the contract, if executed, will be made available online:
The contract summary will be available at www.dhcd.dc.gov.
Page 3 of 3
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Muriel C. Bowser
Mayor
THRU: Julia H. Wiley
General Counsel
FROM: Michael E. McMiller
Assistant General Counsel
DATE: November 8, 2022
SUBJECT:
Proposed Housing Production Trust Fund (HPTF) Program Loan in an Amount
not to exceed Forty-Three Million Eight Hundred Forty Two Thousand Two
Hundred Eight and 00/100 Dollars ($43,842,208.00) (HPTF Loan or Loan)
from the District of Columbia, acting by and through the Department of Housing
and Community Development to BCP I LLC, a limited liability company
(Borrower).
DHCD proposes to enter into the above subject Loan with the Borrower for the purpose
of financing certain eligible development costs, to include a 99-year capitalized ground
lease payment, construction expenses, and the reimbursement of other costs as approved
by DHCD for the development of 169 units of affordable rental housing located at 4272
7th Street, SE, Washington, D.C. (the Project).
All Project housing units will be affordable to and rented exclusively to Very-Low or
Extremely-Low-Income-Households (Qualified Tenants) with incomes not to exceed
30% or 50% respectively, of the median family income (MFI) for the Washington
Metropolitan Statistical Area as determined by the U.S. Department of Housing and
Urban Development and adjusted for family size pursuant to the HPTF Program law and
regulations. The Project unit mix is as follows:
1
Thirty-Four (34) units shall be reserved for and rented to Extremely-Low-Income-
Qualified Tenants.
One Hundred Thirty-Five (135) units shall be reserved for and rented to Very-
Low Income Qualified Tenants.
The Loan will be funded with HPTF monies in accordance with the requirements of the
HPTF law and regulations.
After a review of the Loan Agreement and construction specifics for this Project, the
Office of the General Counsel for DHCD has determined the Loan Agreement to be
legally sufficient. If you have any questions concerning this Loan Agreement, please
contact Michael E. McMiller, Assistant General Counsel for the District of Columbia
Department of Housing and Community Development, on 202-442-7777.
cc: Taura Smalls, Legislative Affairs Specialist, DHCD
Erin Wilson, Manager,
Development Finance Division, DHCD
Joseph Knackstedt, Deputy Manager,
Development Finance Division, DHCD
2
Initial File #: 00007164406
Entity Type: LLC
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CORPORATIONS DIVISION
Ld
CERTIFICATE
THIS IS TO CERTIFY that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this CERTIFICATE OF
GOOD STANDING is hereby issued to
BCP ILLC
WE FURTHER CERTIFY that the domestic entity is formed under the law of the District on
11/17/2021 ; that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the recordsofthe Mayor; The entity's most
recent biennial report required by 29-102.11 has been delivered for filing to the Mayor; and the
entity has not been dissolved. This office does not have any information about the entitys
business practices and financial standing and this certificate shall not be construed as the entitys
endorsement.
IN TESTIMONY WHEREOF Ihave hereunto set my hand and caused the sealofthis office to
be affixed as of 9/23/2022 1:15 PM.
Business and Professional Licensing Administration
Soe GoGusiner
JOSEF G. GASIMOV.
Superintendent of Corporations,
Corporations Division
Muriel Bowser
Mayor
Tracking #: FynbftyY
* Government ofthe DistrictofColumbia
*
*
mmm Office oftheChief Financial Officer 1101 4 Stree, SW
Hmmm Office ofTax and Revenue Washington, DC 20024
DateofNotice: September 22, 2022 Notice Number: 10008254056 =
BCPILLC FEIN: **-***4200
7 JACKSON WALKWAY Case ID: 1304128
PROVIDENCE RI 02903-3694
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. Asofthe date above, the individual/entity has complied with DC Code 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER Tl. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE47-2862 (2006)
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
RuthorizedBy MareAronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
Validate a Certificate of Clean Hands hyperlink under the Clean Hands section.
1101 th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
PROJECT/CONTRACT ELIGIBILITY AFFIDAVIT!
AUTHORIZED REPRESENTATIVE
THEREBY AFFIRM THAT I am the Menssies Member and the duly
authorized representative of 8!te and that I possess the legal
authority to make this Affidavit on behalf of myself and the organization for whichI am acting.
CERTIFICATION OF ORGANIZATIONAL REGISTRATION AND TAX PAYMENT
FURTHER AFFIRM THAT the organization named above is a 2=r=se
corporation, unincorporated association or partnership duly registered in accordance with the laws of
the District of Columbia and is in good standing. The name and addressofits resident agent is:
ocr ic
7100 Newb Road
ingion, VAz2201
I FURTHER AFFIRM THAT, except as validly contested, the organization and any related
entities, has paid, or will have paid all real property, income, and withholding taxes due to the
District of Columbia prior to execution of any funding agreement awarded by the District of
Columbia.
AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, I have not been indicted, convicted of, or have had probation before judgment
imposed, or have pleaded nolo contender to a chargeofbribery, attempted bribery, or conspiracy to
bribe in violation of any District of Columbia or federal law.
AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, I have not been indicted or convictedof a criminal offense incident to obtaining,
attempting to obtain, or performing a public or private contract; fraud, embezzlement, theft, forgery,
falsification or destruction of records; receiving stolen property; or admitted in writing or under
oath, during the courseofan official investigation or other proceeding, acts or omissions that would
constitute grounds for conviction or liability under any law or statute described above.
AFFIRMATION REGARDING CIVIL LIABILITY
1 FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, neither I nor the above organization has been found civilly liable for commission of
fraud or a criminal offense incident to obtaining, attempting to obtain or performing a public or
* Project/Contract Eligibility Affidavit is also known as the Contract Affidavit
private contract; violation offederal or state antitrust statutes; commissionof embezzlement, theft,
forgery, falsification or destruction of records; making false statements; or receiving stolen property.
AFFIRMATION REGARDING CURRENT CRIMINAL OR CIVIL LIABILITY
I FURTHER AFFIRM, to the best of my knowledge, information, and belief that I am not
currently indicted or otherwise criminally or civilly charged by a governmental entity with
commissionof anyofthe offenses enumerated in the three preceding paragraphs of this Affidavit.
AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, I have not been debarred, proposed for debarment, suspended, declared ineligible,
excluded from or determined ineligible (including being issued a limited denialof participation) by
any public entity.
AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES.
I FURTHER AFFIRM THAT (a) the organization was not established, and it does not
operate in a manner designed to evade the application of or defeat the purpose of debarment; and (b)
the organization is not a successor, assignee, subsidiary, or affiliate ofasuspended or debarred
organization,
SUBCONTRACT AFFIRMATION
I FURTHER AFFIRM, to the best of my knowledge, information, and belief, that neither I
nor the above organization, has knowingly entered into a contract with a public body under which a
person debarred or suspended will provide, directly or indirectly, supplies, services, architectural
services, construction-related services, leases of real property, or construction.
AFFIRMATION REGARDING PAST PROJECT PERFORMANCE
FURTHER AFFIRM, to the best of my knowledge, information, and belief, that within the
past five years, neither I, nor the above organization and its related entities have while acting as a
sponsor, developer, guarantor, or ownerof a project development team been removed as a general
partner or managing member, as applicable; had chronic past due accounts; had substantial liens,
judgments, foreclosures, or bankruptcies; had unresolved defaults; issued chronic housing code
violations; received excessive tenant complaints; failed to receive IRS Form 8609 for a completed
project; or failed to correct a report of Low-Income Housing Credit Agencies Report of
Noncompliance or Building Disposition (Form 8823).
AFFIRMATION REGARDING PAST DHCD PROJECT PERFORMANCE
1 FURTHER AFFIRM, to the best of my knowledge, information, and belief, that I and the
above organization and its related entities are in compliance with all existing and prior agreements
with DHCD and/or the District of Columbia, including major health, safety and building codes. I
and the above organization and its related entities have not consistently failed to provide information
to DHCD about existing developments or other loan applications, Within the past three years, I and
the above organization and its related entities have not had an award terminated by DHCD or
received an unsatisfactory rating from DHCD or HUD,ifapplicable.
if the Affiant cannot certify that he/she nor the above organization has not been debarred,
suspended, proposed for debarment, declared ineligible, excluded from, participation in a public
contract; or cannot certify that he/she nor the above organization has not been indicted, convicted,
or civilly charged by a governmental entity with an offense incident to obtaining, attempting to
obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification
or destructionofrecords; or receiving stolen property; or cannot certify that within the past five
years, he/she, northe above organization has a history of removal from a project development team;
substantial liens, defaults, judgments, foreclosures, and/or bankruptcies; he/she shall provide an
explanation with this Affidavit. An explanation will not necessarily result in denialofparticipation
in a Request for Proposal award. Failure to submit this Affidavit will disqualify the authorized
representative and the above organization from a Request for Proposal award.
Check here if an explanation is attached to this Affidavit.
ACKNOWLEDGME!
1 ACKNOWLEDGE THAT this Affidavit is to be furnished to the District of Columbia
Department ofHousing and Community Development and may be distributed to units of (a) the
District of Columbia government; (b) other states; and (c) the federal government. I further
acknowledge that this Affidavit is subject to applicable lawsof the United States and the District of
Columbia, both criminal and civil, and that nothing in this Affidavit or any agreement resulting from
the submissionofthis proposal shall be construed to supersede, amend, modify, or waive, on behalf
of the District of Columbia, or any unit of the District of Columbia having jurisdiction, the exercise
of any statutory right or remedy conferred by the Constitution and the lawsofthe District of
Columbia with respect to any misrepresentation made or any violation of the obligations, terms and
covenants undertaken by the above organization with respect to (a) this A