Attachment 1 - Performance Work Satement - PTS IDIQ - Part A.pdf

Attachment 1 – Performance Work Statement – PTS IDIQ – Part A

PERFORMANCE WORK STATEMENT FOR DEPARTMENT OF VETERANS AFFAIRS,

OFFICE OF ASSET ENTERPRISE MANAGEMENT POST TRANSACTION

SUPPORTFOR VA ENHANCED-USE LEASE (EUL) AGREEMENTS INDEFINITE

DELIVERY/INDEFINITE QUANTITY (IDIQ)

GENERAL INFORMATION

1. Title of Project: Department of Veterans Affairs (VA), Office of Asset Enterprise Management Post Transaction Support for VA Enhanced-Use Lease (EUL) Agreements Indefinite Delivery/Indefinite Quantity (PTS IDIQ).

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this Performance Work Statement (PWS). The purpose of this PWS is to provide review and monitoring of EUL projects in the post-transaction phase of the lifecycle (i.e., after lease execution), including independent trust agreements, accounting services, financial services for all financial structures under the enhanced-use lease program, and to provide auditing services. The selected contractor will also provide support for the development and ongoing transaction of executed enhanced-use leases and to obtain post transaction services support for Section 111 Historic Reuse projects. Among the key areas are:

a) Manage Enhanced-Use Leases and section 111 projects to include the following:

• Update property records for lease

• Update property records for any in-kind services

• Ensure proceeds are deposited into appropriate accounts.

• Conduct lease compliance inspections.

• Assess supplemental contracts/agreements for renewal.

• Perform reviews as necessary.

• Provide services for the review and monitoring of independent trusts.

• Develop policies, directives, procedures, and record management.

• Provide services on lease amendments from start to finish.

b) Ongoing assistance in the monitoring of VA’s EUL projects

c) Provide Specialized Services in the following areas at any time during the EUL and section 111 projects lifecycle:

• Real Estate

• Financial/ In-Kind Consideration Analysis

• Government Accounting Requirements

• Transaction

• Appraisals

• Disposition

• Surveys

• Environmental

• Historic

• Legal support

d) Analyze financial structures and reports in accordance with government acceptable accounting principles for VA’s Enhanced Use Leases.

Note: Even though the document refers mostly to EUL projects, it also includes section 111 projects as well)

3. Background: The Enhanced-Use Lease Authority, Title 38 United States Code Sections 8161- 8169, allows the U.S. Department of Veterans Affairs (VA) to use available land, buildings, and other resources through an out-lease to a third party. Current EUL authority limits EUL development to Supportive Housing; however, VA has many legacy EULs that involve services, facilities, and/or generate revenue that must be monitored. Enhanced-Use Leases are long-term leases (up to 75 years) of VA owned facilities (land, buildings, and other resources) to the public or private sector. The facility can be used for both VA and compatible non-VA uses; in return VA receives services, facilities, revenue, or other “in-kind” consideration. This program is administrated by VA’s Office of Asset Enterprise Management (OAEM).

4. Performance Period: This IDIQ shall be in effect for five years. Each individual task order shall state the specific performance period. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

5. Type of Contract: This is anticipated to be a single award IDIQ contract. Firm Fixed price task orders will be generated with a detailed PWS and issued by a Contracting Officer. The maximum (ceiling) amount is estimated at $7,000,000.00 over a five-year performance period. The contract has a onetime minimum of $2,500.00 which will be met upon award of the initial task order. The contractor must demonstrate it possesses both general and specialized capability, knowledge, and skills.

6. Place of Performance: The primary place of performance will be at the contractor’s facilities;

however, some task orders may require work to be performed at a government facility (in such case, the place of performance will be specific in the PWS of the task order). Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

7. IDIQ Title: Department of Veterans Affairs (VA), Office of Asset Enterprise Management Post Transaction Support for VA Enhanced-Use Lease Agreements Indefinite Delivery/Indefinite Quantity (PTS

- IDIQ).

CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this Performance Work Statement until the CO has conducted a kick-off meeting or has advised the contractor that a kick-off meeting is waived.

GENERAL REQUIREMENTS

The following general requirements apply to all task orders issued under this IDIQ:

1. The contractor shall identify their proposed technical approach in writing for every task order quoted.

The contractor’s task order quote shall include their proposed labor categories, rates, and number of hours by task, together with associated delivery dates and sub milestone dates (if any), and proposed personnel résumés. The contractor shall include in each quote the résumés for all proposed professional and/or technical personnel who will perform the tasks in the task order. Résumés are not required for clerical personnel.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Unless otherwise specified in an individual task order, the following schedule requirements apply: Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 12 calendar days from date of receipt. The contractor shall have 12 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

4. The contractor shall provide, via email, minutes of all government-contractor meetings. The contractor shall provide these minutes within three calendar days after completion of the meeting.

5. Except for proprietary information in company quotes identified and marked in accordance with FAR 52.215-1(e), the contractor shall not deliver to the OAEM any proprietary products or information of any type in completing the requirements of each task order PWS. The contractor’s internal development tools (that is, those development tools not developed for OAEM work and not required by OAEM to install, use, or revise the deliverables) are exempted from this requirement. If the contractor believes an exception to this requirement is necessary for the effective or efficient execution of a task order, the contractor shall request a specific exception, in writing, to the CO, and shall not use the proprietary tools or information in OAEM work until approval is received from the CO.

6. The contractor shall ensure contract employees maintain an open and professional communication with the staff at the VA facilities. Complaints validated by the COR or VA staff will be reported in writing to the CO for action. If the contractor fails to correct validated complaints raised by the COR and CO, it will be considered a failure in performance.

7. The CO may require the contractor to meet with the CO, contract administrator, and other Government personnel at least quarterly, and as often as deemed necessary. The contractor may request a meeting with the CO when deemed necessary.

SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables:

1) For each task order awarded under this IDIQ, the contractor shall provide the specific deliverables described in the task order PWS, within the performance period stated. Specific sub-tasks and associated deliverables will be identified in each task order placed under the IDIQ. The deliverables described below are typical requirements; however, each task order may have requirements in addition to or instead of those listed below.

2) The contractor shall be responsible for assessing VA’s current Enhanced Use Leases and providing review, monitoring, and ensuring compliance of transactions. The contractor will assess the achievement of all Post Transaction program goals. The contractor will help VA to operate efficiently and to effectively manage all Enhanced Use Leases. Specifically, this shall include but not limited to the following tasks:

a) Task One: Project Management

The contractor shall provide a Project Manager to manage work included in task orders issued under this IDIQ, including the planning, initiating, managing, executing, and closing out mission-oriented business programs and projects in the EUL areas. The exact role will be defined by the task orders. Among other responsibilities related to this role, the program/project managers will:

• Provide leadership and communicate with stakeholders.

• Provide project planning and scheduling.

• Project manager shall coordinate project management role to include:

o Performance monitoring and measurement o Reporting and documentation associated with project/program objectives.

o Stakeholders briefing o Project support, integration, and closeout service o Contract administration support to CORs.

• The project manager shall be responsible for all contractor work performed under this contract.

He/she will be responsible for providing status reports and monthly project reports to the COR.

Sample Deliverable:

The contractor shall provide a detailed Project Management Plan (PMP) and briefing for the OAEM project team. The PMP shall present the contractor's plan for completing the task order. The contractor’s plan shall be responsive to the PWS and describe, in further detail, the approach to be used for each aspect of the task order as defined in the technical proposal. At a minimum, the PMP shall include the risk, quality, and technical management approach, work breakdown structure (WBS), detailed schedule, cost requirements, and proposed personnel. The contractor shall keep the PMP up to date throughout the period of performance.

The contractor shall provide written progress reports that include the order number and title of the project. The progress report shall cover all work completed during the preceding month, and work to be accomplished during the subsequent month. This report shall also identify any technical, quality, or cost problems that arose, identified risks and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation. Outstanding problems/risks shall be reported until they are resolved. The COR may schedule progress briefings or conference calls within three calendar days after delivery of each progress report. The attendees may include VA managers and contractor key and subject matter expert personnel.

b) Task Two: Project Work Plan

The contractor shall submit a comprehensive Project Work Plan (PWP) that details the items to be reviewed and assessed and actions to be taken to provide administrative review, monitoring and Post Transaction support with:

Sample Deliverables:

PWP that includes (1) Clearly described milestones;(2) deadlines; (3) development of procedures; and (4) other significant matters.

c) Task Three: Project Analysis and Reporting

The contractor shall provide qualified personnel to support OAEM and or CFM in conducting Project Analysis and Reporting activities. The contractor shall conduct required analysis to support the unique needs of each project as specified in specific task orders. This may include construction analysis, design analysis, development analysis, or other project analysis.

Sample Deliverables:

• Collect and analyze quarterly and annual reports required in the Annual Oversight Compliance Certificate (AOCC), Annual Consideration Report (this includes supporting calculations and documents), and the Outcome Tracking Sheet (OTS) to ensure lessee is in compliance. This includes construction as well as operating data.

• Review of insurance policies associated with EUL’s to determine whether lessee is following lease requirements.

• Analyze, process, and summarize transactions.

• Assist in devising new or revised reporting policies and procedures.

• Perform special studies to improve reporting operations.

• Resolve reporting issues.

• Improve operating efficiency and effectiveness.

• Creation of Monitoring Input Sheets (MIS) according to lease requirements

• Creation of compliance certificates such as AOCC and OTS

• Assist in the creation and review of program policy formulation and development.

d) Task Four: Accounting, Finance, Performance and Functions

Accounting, Finance, and Reporting functions are critical to monitoring all EUL assignments. The contractor will evaluate the financial, accounting, and performance states of all EUL’s. The Contractor shall perform the following functions (list not all inclusive):

Sample Deliverables:

• Review, analysis, tracking, trending, and reporting of EULs.

• Review accrual operations, escrow, and reserve accounts/funded maintenance accounts and construction budgets

• Review of the independent certified public accountants audit reports and accompanying financial statements

• Review development plan and status

• Analyze EUL financial health and viability.

• Support asset sales

• Provide equity oversight and transaction administration.

• Provide market and asset resolution support.

• Provide post sale analysis and resolution support.

• Ensure EUL’s are in compliance with laws and regulations.

• Review of construction performance bonds and issues

• Calculate and document consideration for EUL’s in accordance with defined methodology to be published in VA’s annual budget submission.

e) Task Five: Financial Management Services

Financial Management is essential to ensure EUL’s are in compliance with requirements set forth in the lease. The Contractor shall perform financial management services for each EUL. The contractor shall perform the following functions (list is not all inclusive):

Sample Deliverables:

• Conduct financial system compliance reviews.

• Assist with implementation of corrective actions.

• Identify systems requirements.

• Assist in meeting agency financial management system requirements.

• Assess and improve financial reporting and analysis.

• Assist in improving and streamlining reporting and analysis processes.

• Perform cost-benefit or other special financial analysis.

• Assist with devising and implementing performance measures and related processes and systems.

• Assist with strategic and operational financial planning.

• Resolve audit recommendations.

• Assist in financial policy formulation and development.

• Perform economic and regulatory analyses.

• Perform performance review of bonds.

f) Task Six: Lease Administration Services

Contractor will assist with the administration of EUL’s and will recommend necessary action measures to ensure prompt performances of all necessary actions and compliance with the terms and conditions of the lease, which shall include, but not be limited to the duties enumerated below:

Sample Deliverables:

• Recommend administrative actions to monitor and implement corrective actions as necessary to ensure the developer’s responsibilities pertaining to the construction of the improvements under the terms of the EU lease(s).

• Review and complete compliance checklist, EULIS issues log updates and summary reports.

• Draft MIS documents for PM review, training documents, and review comments for each draft MIS Spreadsheet and ECR document.

• Monitor (including but not limited to: physical inspections, design and construction document review, site visits and inspections, making inquiries, and other actions) as may be necessary to evaluate developer’s performance of its respective responsibilities per the terms and conditions of the enhanced-use lease. Such monitoring includes the performance of those entities acting for, on behalf of, or pursuant to the developer’s rights under the lease.

• Review any developer requested construction change directives and change orders.

• Review, analyze, and provide recommendations on lease amendment requests.

PERFORMANCE STANDARDS AND METHODS AS SPECIFIED IN EACH TASK.

Surveillance Area Performance Standards Method of Assessing Performance

Management of price and schedule

Timely delivery to the COR within the contract/order schedule

Status Meetings are scheduled on time, with appropriate Vendor staff attending and issues addressed satisfactorily to VA

Review of Monthly Status Reports and Status Meetings

100% inspection

Technical quality of deliverables

Deliverables are high quality; address required performance work statement areas and contain three or fewer defects identified in the Final deliverable submittal

Review of Final deliverables and Status Meetings

100% inspection

Quality of Project Management and Relationship Management

Timely Responses to open acquisition issues 98% of the time

Corrections and Re-submittal to VA within five calendar days of rejected deliverables.

Low Turnover of Key Personnel

Contractor develops and maintains a staffing plan that adequately supports the requirements of the task orders 98% of the time.

Open communication between VA and Vendor

Contractor provides a single point of contact responsible for task order performance.

Ability to meet the within scope changing demands of the program as it evolves

Review of Final deliverables, Status Reports and Status Meetings

Review and approval of Key Personnel changes

VA customer satisfaction

EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES.

Evaluated optional tasks and associated deliverables, if required, will be specified in each task order.

SCHEDULE FOR DELIVERABLES

See Attachment A Schedule of Deliverables.

1. Unless otherwise specified in the task order, the number of draft copies and the number of final copies shall be the same.

2. If for any reason the scheduled time for a deliverable cannot be met, the contractor is required to explain why (include the original deliverable due date) in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response in accordance with applicable regulations.

CHANGES TO PERFORMANCE WORK STATEMENT

Any changes to this PWS and all task orders shall be authorized and approved only through written correspondence from the CO. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

TRAVEL

As required by each task order, the contractor may be required to travel to Washington, D.C., or to other VA locations. Travel and per diem shall be reimbursed in accordance with VA/Federal Travel Regulations. Each contractor invoice must include copies of all receipts that support the travel costs claimed in the invoice. No General and Administrative (G&A) fees or costs, and no other fees or costs shall be added to travel expenses. Local travel within a 50-mile radius from the Contractor's facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Local travel within a 50-mile radius from the Contractor's employees’ residence is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the contractor's facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the Contractor's facility are authorized on a case-by-case basis and must be pre-approved by the CO at least 30 calendar days in advance for the requested travel.

GOVERNMENT FURNISHED PROPERTY AND INFORMATION

Government Furnished Property and Information, if required, will be specified in each task order.

Except for those items or services specifically stated to be Government furnished, the contractor shall furnish everything required to perform task orders. For contractors required at VA facilities, the Government will provide office space including a desk, telephone, and computer to perform the required work.

CONTRACTOR EXPERIENCE REQUIREMENTS—KEY PERSONNEL

1. These skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract and subsequent task orders and options. The contractor shall include in the technical proposal for each task order the résumés on all proposed professional and/or technical personnel who will perform the tasks in the task order. Résumés are not required on clerical personnel. The personnel whose résumés are submitted are defined as key personnel. The contractor agrees that the key personnel listed below shall not be removed, diverted, or replaced from work without approval of the CO and COR.

2. Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel that are being replaced. Requests to substitute personnel shall be approved by the COR and the CO. All requests for approval of substitutions in personnel shall be submitted to the COR and the CO no later than 30 calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order (as applicable) and any other information requested by the CO needed to approve or disapprove the proposed substitution. The CO will evaluate such requests and promptly notify the contractor of approval or disapproval thereof in writing.

Note:

a) Personnel assigned by the Contractor to perform work on this IDIQ shall be acceptable to VA in terms of personal and professional conduct and technical knowledge. The Contracting Officer may notify the Contractor and request that a person be immediately removed from assignment on this contract should any contractor personnel be determined to be unacceptable in terms of technical competency or personal conduct during. The contractor shall immediately remove and replace the unacceptable on-site personnel at no additional costs to the Government. Replacement personnel qualifications shall be equal to or greater than those of the personnel being replaced. Employment and staffing difficulties shall not be justification for failure to meet established schedules.

b) Contractor personnel should be able to communicate effectively in English, both written and oral.

c) The contractor will notify the Contracting Officer whenever an employee of the United States Government is utilized by the contractor in the performance of the contract. The notification shall include sufficient information for the Contracting Officer to review the matter in accordance with FAR Part 3 and Subpart 9.5.

d) The contractor shall verify employee eligibility through the E-Verify system.

SECURITY REQUIREMENTS

1. The contractor shall follow the following contractor personnel security guidance:

a. The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at:

http://checklists.nist.gov

b. To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov.

c. These provisions shall apply to all contracts in which VA sensitive information is stored, generated, transmitted, or exchanged by VA, a contractor, subcontractor or a third-party, or on behalf of any of these entities regardless of format or whether it resides on a VA system or contractor/subcontractor’s electronic information system(s) operating for or on the VA’s behalf.

d. Clauses (a) and (b) shall apply to current contracts and acquisition vehicles including, but not limited to, job orders, task orders, letter contracts, purchase orders, and modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. §6301 et seq.

http://checklists.nist.gov/ http://www.iprm.oit.va.gov/

2. The required contractor employee Position Sensitivity level is Limited Risk, and the level of Background Investigation is NACI for contractor employees who require access.

3. The COR will provide the contractor a Background Investigation Request Worksheet within 2 calendar days of task order award listing the place of performance, type of investigation requested, the VA sponsor and requesting the applicant’s name, date of birth, social security number, company name and point of contact and other required data.

a. The contractor shall complete the Background Investigation Request worksheet and return it to the COR within five calendar days of receipt. The COR will review the documents and forward them to the Security Investigations Center (SIC).

b. The CIS will send an email notification to the contractor identifying the website link that includes det5iled instructions regarding completion of the background clearance application process and what level of background was requested. Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation.

c. The COR will notify the contractor when the investigation has been favorably or unfavorably completed and adjudicated by the Government. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

4. The contractor shall not commence performance prior to the initiation of the process that requests the appropriate investigative action be taken. During the time required to conduct the appropriate investigation, the contractor shall be responsible for the actions of its respective employees until official notification of a favorable determination is received from the Office of Security and Law Enforcement.

5. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material, deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the task order.

2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

ORGANIZATIONAL CONFLICT OF INTEREST

The contractor shall disclose any actual or potential organizational conflicts of interest at the time of submitting the quotes for the basic IDIQ and task orders. The contractor may be precluded from bidding on or performing work on future contracts in accordance with FAR 9.5.