Attachment 1 - Performance Work Statement - Dayton EUL Support Services.docx

PERFORMANCE WORK STATEMENT

DUE DILIGENCE SUPPORT SERVICES FOR THE

DEPARTMENT OF VETERANS AFFAIRS (VA) ENHANCED-USE LEASE (EUL) PROJECT

at Dayton VA Medical Center, Dayton, Ohio

GENERAL INFORMATION

Title of Project: Department of Veterans Affairs (VA) Dayton VA Medical Center Enhanced- Use Lease (EUL) Due Diligence Support Services (Dayton EUL Support Services).

Background: The purpose of this Performance Work Statement (PWS) is to obtain due diligence support services support to enable VA to accomplish this EUL project in a manner that maximizes available benefits to VA. The EUL authority, Title 38 United States Code Sections 8161-8169, as amended, allows VA to out-lease facilities (available land, buildings, and other resources) to provide supportive housing or enhance the use of the leased property by directly or indirectly benefitting Veterans. EULs are long-term leases (up to 99 years) of facilities under VA’s jurisdiction of control to the public or private sector. This program is administrated by VA’s Office of Asset Enterprise Management (OAEM).

OAEM follows instructions and guidance issued by the Office of Management and Budget (OMB), and other agency instruction and guidance containing specific capital asset performance metrics. Multi-functional Contractor support services are needed to assist the OAEM in a variety of functions that support this EUL project in accordance with its EUL authority and other related laws and directives.

Dayton EUL Project:

The Dayton VA Medical Center (VAMC) is a state-of-the-art teaching facility that has been serving Veterans for 150 years, having accepted its first patient in 1867. The Dayton VAMC provides a full range of health care through medical, surgical, mental health (inpatient and outpatient), home and community health programs, geriatric (nursing home), physical medicine and therapy services, neurology, oncology, dentistry, and hospice.

This PWS will focus on Freedom House, Liberty House, buildings on Doctor’s Row, and building 116. For more information about the buildings, please see Attachment A to this PWS.

Scope: The scope of this Firm Fixed Price contract for due diligence services is to enable the Department to execute an amendment to this EUL project at the Dayton VAMC as expeditiously as possible.

Objectives: The objective of this PWS is to provide a range of EUL due diligence support. The Contractor shall have the expertise and provide all resources necessary to perform the specific requirements as defined in the PWS and as directed in the Specific Mandatory Tasks and Associated Deliverables section of this PWS.

Period of Performance: Period of Performance for this contract is 1,095 calendar days (3 years) from date of award.

Type of Contract: This is a Firm Fixed Price contract.

Place of Performance: The primary place of performance will be at the Contractor’s facilities. CONTRACT AWARD MEETING The Contractor shall not commence performance on the tasks in this PWS until the Contracting Officer (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 this contract:

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

2. The following requirements apply: Where a written milestone deliverable is required in draft form, the VA will complete its review of the draft deliverable within 45 calendar days from date of receipt. The Contractor shall have 15 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

3. The Contractor shall provide, via email, minutes of all Government-Contractor meetings. The Contractor shall provide these minutes within one calendar day after completion of the meeting.

4. 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 Government any proprietary products or information of any type in completing the requirements of each task within the 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, the Contractor shall request a specific exception, in writing, from the CO, and shall not use the proprietary tools or information in OAEM work until approval is received from the CO.

5. The Contractor shall ensure contract employees maintain an open and professional communication with the staff at the VA facilities. Complaints validated by the Contracting Officer Representative (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.

6. 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 under this contract, the Contractor shall provide the specific deliverables described in the PWS, within the performance period stated. Specific sub-tasks and associated deliverables will be identified below.

2. The selected Contractor shall have subject matter expertise and provide all resources necessary to perform the specific requirements as defined in the PWS to effectively assist the Project Manager (PM) while amending this EUL. Such tasks may include, but are not limited to, the following: project management planning, investigative site assessments, and project communication activities for some or all of the items listed below.

a) Task One: Project Management Plan

1. Provide leadership and communicate with stakeholders per direction and coordination with COR.

2. Provide project planning and scheduling

3. PM shall coordinate contract project management activities to include:

a. Performance monitoring and measurement

b. Reporting and documentation associated with project/program objectives

c. Stakeholders briefing (coordinated with COR)

d. Project support, integration, and closeout service

4. Contract administration support to CORs.

5. The PM shall monitor all Contractor work performed under this contract. He/she will be responsible for providing status reports and monthly project reports to the COR.

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 tasks. 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 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, milestones, cost requirements, and proposed personnel. The Contractor shall keep the PMP up to date throughout the period of performance.

The Contractor shall provide written monthly 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.

Deliverable 1: Draft and Final PMP and Briefings Deliverable 2: Draft and Final Monthly Progress Reports (up to 12 electronic copies per year).

b) Task Two: Property Studies The Contractor will conduct the following investigative site assessments:

1) Phase I Environmental Site Assessment (ESA) (in accordance with the current version of ASTM E1527) for each building (see Attachment B for sample performance work statement, including map provided)

2) Phase II Environmental Site Assessment (ESA) (in accordance with the current version of ASTM E1527) for each building (OPTIONAL) (see Attachment C for sample performance work statement, including map provided)

3) Complete the NHPA Section 106 Process (see Attachment F for sample performance work statement)

4) Phase I Archeological Study, if required (OPTIONAL)

5) Title Report for each building (see Attachment D for sample performance work statement, including maps provided)

6) ALTA Survey for each building (see Attachment E for sample performance work statement, including map including maps provided)

7) Property Appraisal/Valuation for each of the subject buildings (see Attachment G for sample performance work statement)

Note: Sample performance work statements for selected studies are attached to this solicitation, including maps. However, prior to commencing work on each Property Study, contractor must provide VA with the final draft Performance Work Statement to be used for the subject study (inclusive of any necessary modifications by the Contractor) and VA shall have not less than 10 calendar days to provide any comments to the Contractor.

Deliverable 3: Draft and Final Phase I ESA for each building Deliverable 4: Draft and Final Phase II ESA for each building (OPTIONAL) Deliverable 5: Draft and Final NHPA Section 106 Report, Draft and Final Letter Initiating Consultation with Associated Attachments, Draft and Final Letters to Consulting Parties Deliverable 6: Draft and Final Phase I Archaeological Study, if required (OPTIONAL) Deliverable 7: Draft and Final Title Report for each building Deliverable 8: Draft and Final ALTA Survey for each building Deliverable 9: Draft and Final Property Appraisal/Valuation for each building

c) Task Three: Technical Support The Contractor will provide status reports for Property Studies including project checklists / request for government furnished information.

Deliverable 10: Status Reports for Property Studies including project checklists / request for government furnished information (up to 12 electronic copies per year)

d) Task Four: Review Existing VA Documentation on Hazardous Materials in EUL Buildings, Parcel and Surrounding Buildings and Make Recommendations Review all existing information from VA facility on any hazardous materials (including but not limited to lead-based paint and asbestos) present in the proposed EUL buildings and/or on EUL parcel. Review should also encompass documentation on VA buildings adjacent to the EUL parcel. Provide written recommendations to VA regarding:

1. Any questions or gaps in information in the documents

2. Any additional testing or studies to be performed by VA or the EUL developer prior to EUL execution and provide rough order of magnitude estimated costs for these studies

3. Appropriate construction methods / approaches to removing or abating the hazardous materials

4. Rough order of magnitude estimated costs to remove or abate the materials

Deliverable 11: Written findings and recommendations on existing hazardous materials documentation Deliverable 12: Hazardous Materials Testing or other TBD studies (optional)

e) Task Five: Review Developer Plans for Hazardous Materials Removal Review and provide comments on EUL developer provided plans to address and/or remove environmental issues including but not limited to the buildings and property such as lead-based paint, asbestos and any other hazardous materials from the EUL site. Confirm that plans take into account future risk to VA, Veterans, VA employees, and surrounding buildings.

Deliverable 13: Comments on Draft and Final Developer Hazardous Materials Removal Plan

PERFORMANCE MEASURES

In accordance with Performance Based Service Contracts, Contractor(s) shall provide a Quality Assurance Plan ensuring that continued quality improvement to the program they are supporting is being made; a Metrics Plan shall also be provided demonstrating how Contractors will measure their performance identifying key factors that will be monitored by the Contractor and the Government. The Contractor is responsible for quality assurance of all services provided under the contract. Inspection by the Government does not relieve the Contractor of this responsibility.

Contractors must also demonstrate how they will implement these plans and incorporate them into the tasks they will receive from VA.

The Quality Assurance Plan should also include, as an option for VA consideration, the incentives and disincentives measures that can be taken by VA to reward exceptional performance and to also discipline vendors for less than satisfactory execution. Incentives and disincentives should be both monetary and non-monetary in nature. VA reserves the right to add and/or completely revise the submitted Quality Assurance, Metric, and incentive/disincentive plans that are to be included in the Contractors’ submissions to this solicitation. The performance standards should at least include the following areas:

1. Management of price,

2. Schedule,

3. Technical quality,

4. Quality of project management, and

5. Relationship management.

PROGRAM MANAGEMENT

Upon completion of a contract, the ordering CO is required to document a performance review of the contracted services. The PM/COR will also conduct a post-performance assessment upon completion of each contract. The PM will document the performance discussion in writing and provide a copy to the CO and the Contractor. The Government will address, at a minimum, the following areas in each contract assessment:

1. Quality of work performed,

2. Timeliness of work delivered,

3. Qualifications of staff providing services,

4. Management professionalism, and

5. Monitor actual costs versus contract cap based on required quarterly contract expenditure report from vendor(s).

The Contractor(s) shall provide a program management report on a quarterly basis to the VA Central Office (COR) (who will be determined after award).

CONFLICT OF INTEREST PROVISION

(a) In responding to this solicitation, the Contractors' attention is directed to FAR Subpart 9.5, Organizational and Consultant Conflict of Interest.

(b) The CO views a potential conflict of interest could exist if the Contractor were to provide assistance under this contract for a particular site and then subsequently participated in any capacity with the proposed developer for the site.

(c) The Contractor is therefore precluded from working with a developer on any site in which it provided services to VA, as described below.

(d) The terms of the clause and the application of this subpart to the contract are not negotiable.

CONFLICT OF INTEREST CLAUSE

(a) As a condition of award, the Contractor's eligibility for future prime contract or subcontract awards will be restricted as follows:

The Contractor (to include principles, agents, and employees) is prohibited from performing services in any capacity on future commercial development or redevelopment of VA real property, subject to a task issued under this contract. This restriction is for a period of five years and shall expire at the end of the 5th year following expiration or termination of this contract.

SCHEDULE FOR DELIVERABLES

See Deliverable Schedule.

a. The number of draft copies and the number of final copies shall be the same.

b. 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.

c. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, together with associated sub-milestone dates. The contractor’s subtask structure shall be reflected in the proposal and detailed project management plan (PMP).

d. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. Where a written milestone deliverable is required in draft form, OAEM will complete their review of the draft deliverable and provide feedback to the contractor within 45 calendar days from date of receipt. The contractor shall have 15 calendar days to deliver the final deliverable from date of receipt of the government’s comments. All written deliverables will require at least one draft and one final version.

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

f. Contractor shall provide a file sharing system to enable OAEM to transmit and receive electronic records. If the file is larger than 10 megabytes, the document(s) must be delivered by FTP site accessible through VA’s firewall (currently VA does not support DropBox, OneDrive, Google Drive or Box). VA will not accept paper or hard copy.

g. The Contractor shall ensure contract employees maintain an open and professional communication with the staff at the VA facilities. Complaints validated by the Contracting Officer Representative (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.

h. The CO may require the Contractor to meet with the CO, contract administrator, and other Government personnel as often as deemed necessary. The Contractor may request a meeting with the CO when deemed necessary.

i. Except for pricing information, the contractor shall not deliver to OAEM any proprietary products or information of any type in completing the requirements of this contract. The contractor’s existing internal development tools (that is, those development tools not developed for the OAEM work and which will not be required by the 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 effective or efficient execution of this contract, the contractor shall request a specific exception, in writing, to the CO, and shall not provide the proprietary tools or information until approval is received from the CO.

CHANGES TO PERFORMANCE WORK STATEMENT

Any changes to this PWS 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

The Contractor may be required to travel to Washington, D.C., or to other VA locations. Travel and per diem shall be reimbursed, if applicable, in accordance with the 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. 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

Except for those items or services specifically stated to be Government furnished, the Contractor shall furnish everything required to perform this contract.

CONTRACTOR EXPERIENCE REQUIREMENTS—KEY PERSONNEL

These skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. The Contractor shall include in the technical proposal the résumés on all proposed professional and/or technical personnel who will perform the tasks in the contract. Résumés are not required for 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.

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 at least 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 résumé 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:

1. Personnel assigned by the Contractor to perform work on this contract shall be acceptable to VA in terms of personal and professional conduct and technical knowledge. The CO 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 duty hours. 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.

2. Contractor personnel shall be fluent and communicate in the English language, both written and oral communication.

3. The Contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest.

SECURITY REQUIREMENTS

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

2. 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

3. 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.

4. 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.

5. Clauses (a) and (b) shall apply to current and future 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.

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

7. The COR will provide the Contractor a Background Investigation Request Worksheet within 2 calendar days of PWS 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.

8. 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).

9. The CIS will send an email notification to the Contractor identifying the website link that includes detailed 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.

10. 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.

11. 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.

12. 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 PWS are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the PWS.

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 PWS. No information shall be released by the Contractor. Any request for information relating to this PWS 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.

Deliverable Schedule

Briefings

days after award

version of ASTM E1527) for each building

Request

Request

request

government furnished information

request

request

request

List of Additional Attachments Attachment A: Buildings description Attachment B: Sample Phase I Environmental Site Assessment Scope of Work Attachment C: Sample Phase II Environmental Site Assessment Scope of Work Attachment D: Sample Title Search and Chain of Title Scope of Work Attachment E: Sample ALTA/NSPS Land Title Survey Scope of Work Attachment F: Sample NHPA Section 106 Consultation Scope of Work Attachment G: Sample Property Appraisal/Valuation Scope of Work