Attachment 1 - Performance Work Statement - EUL Support for Prospective Projects.pdf

PERFORMANCE WORK STATEMENT

DEPARTMENT OF VETERANS AFFAIRS

OFFICE OF ASSET ENTERPRISE MANAGEMENT

EUL SUPPORT FOR PROSPECTIVE PROJECTS

August 2024

GENERAL INFORMATION

Title of Project: Enhanced Use Lease (EUL) Support for Prospective Projects.

Background: The purpose of this Performance Work Statement (PWS) is to engage a contractor to work with the EUL Project Managers in support of the EUL program by providing real property market and financial analysis through expertise in strategic technical support, and implementation management to enable the Department of Veterans Affairs (VA) to accomplish EUL projects in a manner that maximizes available benefits to VA. The EUL Authority, Title 38 U.S.C. § 8161 et seq. allows the VA to outlease real property (available land, buildings, and other resources) to developers that will plan, design, finance, construct, and operate supportive housing and commercial use space that directly or indirectly benefits Veterans.

EULs are long-term leases (up to 99 years) of real property 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).

This PWS focuses on selecting a contractor and its team to evaluate existing VA real property assets for potential development enabling the construction of permanent supportive housing and for commercial use that directly or indirectly benefits Veterans. The PWS includes:

1. Transitional housing.

2. Market analysis of potential development opportunities for new EUL supportive housing projects and commercial properties to determine feasibility and viability (provide innovative and creative ways of structuring EUL projects based on market demand)

3. Financial Analysis support (i.e. Financing options and alternatives).

a. Accessing availability for:

i. various financing resources for housing projects and commercial uses,

ii. assessing demand from potential developers,

iii. Identifying community and neighborhood challenges, etc

4. Working group and meeting facilitation, notes, minutes, agendas and other supporting documentation

5. Communication documents and briefings to OAEM leadership (bi-weekly or as requested by Contracting Officer’s Representative (COR)

6. Update and maintain the Program Management Plan

7. White papers and other activities as assigned by COR

Scope: The scope of this Firm Fixed Price contract for services is to evaluate potential reuse options of underutilized land and buildings that can be developed into permanent supportive housing for Veterans and/or for commercial use that directly or indirectly benefits Veterans. In order for VA to understand the potential of these real estate deals and the associated risks the use of consultants and experts are needed. The selected contractor will be responsible for analyzing potential public-private ventures to create potential supportive housing projects and commercial use properties in various identified locations.

The Supportive Housing includes:

1. Transitional housing.

2. Single-room occupancy.

3. Permanent housing.

4. Congregate living housing.

5. Independent living housing.

6. Assisted living housing.

7. Other modalities of housing.

Commercial uses include:

1. Police/Fire safety building

2. Job Training Centers

3. Childcare centers

4. Office Space

5. Warehouse space

6. Mixed Use Developments

7. Any other commercial use which would directly or indirectly benefit Veterans Objectives: The objective of this PWS is to provide the full range of technical and analytical support for identifying and creating potential EUL projects. The Contractor shall provide a full range of integrated strategic, analytic, and technical support services that VA may need in order to create and implement optimal EUL projects.

Period of Performance: Period of Performance for this contract is 365 calendar days from date of award.

Type of Contract: This is a firm fixed contract.

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

however, some tasks may require work to be performed at a Government facility. Any work at the Government site shall not take place on Federal holidays or weekends, unless directed by the Contracting Officer (CO).

CONTRACT AWARD MEETING

The Contractor shall not commence performance on the tasks in this PWS 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 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 12 calendar days from date of receipt. The Contractor shall have 7 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 3 calendar days 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 in 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. All work provided is to be considered confidential in nature and is not subject to public release unless authorized by

OAEM COR.

5. 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.

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 awarded 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 in each task under the contract.

2. The selected Contractor shall have subject matter expertise and provide all resources necessary to perform the specific requirements as defined in the tasks. Tasks may include, but are not limited to, the following projects: development of technical solutions for implementation of strategic support, market analysis, financial market research, and review analysis for some or all of the items listed below. (The deliverables described below are typical requirements; however, each task may have requirements in addition to or instead of those listed below.)

a) Task One: Provide Project Management Plan

The exact role shall be defined by the tasks. Among other responsibilities related to this role:

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

(2) Provide project planning and scheduling

(a) Project manager shall coordinate contract project management activities to include:

(i) Performance monitoring and measurement

(ii) Reporting and documentation associated with project/program objectives

(iii) Stakeholders briefing (coordinated with COR)

(iv) Project support, integration, and closeout service

(v) Contract administration support to CORs.

(3) The project manager 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 task. 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 progress reports that include the 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: PMP Report (One)

b) Task Two: (Optional) - The Contractor shall conduct the following Optional Property studies upon COR’s Request: Not more than 7 each item:

(1) (Optional) Real property Survey - A property survey confirms the boundaries of a given property according to records and legal descriptions.

(2) (Optional) Phase I (Environmental Site Assessment) in accordance with the current version of ASTM E1527 - An ASTM E1527 Phase I ESA is to identify the confirmed presence, likely presence or a material threat of the presence of hazardous substances or petroleum products at a real property, also known as a “Recognized Environmental Condition” (REC).

(3) (Optional) Historic Preservation designation and/or eligibility status

(Archaeological study, if required) – Identification of potentially historic properties.

(4) (Optional) Property Appraisal/Valuation – Property/land valuation to assess the value of real property.

(5) (Optional) Environmental Assessment/National Environmental Policy Act – Ensures that government considers potential environmental effects before an infrastructure project commences.

The above optional task items are anticipated under this contract. However, the quantity is unknown; therefore work is not guaranteed.

Deliverable 2: Property Survey (Not more than 7)

Deliverable 3: Phase 1 ESAs (Not More Than 7)

Deliverable 4: Summary report containing Historic Designation/eligibility status (No More Than 3)

Deliverable 5: Archaeological Study Report (No More Than 2)

Deliverable 6: Appraisal Report (No More Than 7)

Deliverable 7: Preparation of Environmental Assessment (NEPA responsive- No More than 7)

c) Task Three: Strategic Technical Support for new prospective projects for addition to the Departmental List:

(1) Perform preliminary market research to determine feasibility and viability of the potential EUL project.

(2) Provide top-level (rough calculations) financial options and/or alternatives for financing EUL project

(i) Develop strategy based upon the market analysis and building and land assessment of this PWS and an assessment of the availability of funding sources for the identified facility’s geographic area:

(a) EUL

(b) Sharing Agreement

(c) Memorandum of Agreement contracting for services

(ii) Create prototypical financing packages for housing and commercial use programs identifying potential Federal and state and local funding, tax credits, operating funds that maybe available.

(3) Provide legal analysis for the project

(i) Provide a legal report which shows how the identified project complies with the recently amended EUL Statute, i.e. Title 38 USC Sections 8161-8169.

Deliverable 8: Summary report containing market analysis, financing options, feasibility and viability for housing for homeless and/or at risk of homeless Veterans. (Not More Than 7)

Deliverable 9: Summary report containing market analysis, financing options, feasibility and viability for commercial uses. (Not More Than 7)

Deliverable 10: Summary legal report showing the legal compliance of the proposed projects. (Not More Than 7)

d) Task Four: The Contractor shall conduct communication activities:

(1) (Optional) Conduct on-site kick-off meeting

(2) Prepare monthly work plan including current project status, outstanding activities and deliverables, milestone dates, and issues (maximum - 12).

(3) Conduct Contracting Officer’s/COR kick-off meeting with VA officials via conference call or in person at the VA Central Office if local, or travel at Contractor’s own expense.

(4) Prepare communication documents and briefing to OAEM leadership and OM leadership (bi-weekly or as requested by COR)

(i) PowerPoint slides

(ii) White paper

(iii) Status reports

(5) Participate in bi-weekly conference calls with VA officials on the status of all new and emerging projects (maximum -26). Prepare and distribute meeting minutes within 3 calendar days of conference call.

Deliverable 11: Prepare and submit Meeting minutes (No More Than 26)

Deliverable 12: Project Work Plan (No More Than 1 per Month)

Deliverable 13: Meeting minutes (One)

Deliverable 14: Completed slides, white paper, and status reports as appropriate (Up to 12 slides/white paper/report per year – 2 drafts of each and 1 Final of each)

Deliverable 15: Meeting minutes (No More Than 26)

NOTE: In reference to all legal work, including, but not limited to, Tasks 2, 3, and 4, above, in accordance with federal statute, VA’s Office of General Counsel (OGC) is responsible for providing legal advice and services to the Secretary of VA, and the managers of all VA organizational components. OGC interprets all laws pertaining to VA and has final legal responsibility for the promulgation of all VA regulations implementing those laws. Thus, OGC shall have sole authority and responsibility for all final decisions on all legal matters that arise or relate to any issues under this contract.

This PWS reflects current VA policies and practices, allowing Offerors to propose and price a solution to known requirements. Specific Enhanced-Use Leasing requirements and resulting objectives may change over the life of this order. This will result in VA modifying the contract to incorporate in-scope changes. Throughout the life of this agreement, the Contractor is encouraged to continuously seek ways to incorporate innovative and emerging approaches that economically and efficiently improve services and/or generate revenue.

EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES.

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

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.

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 tasks, the Administrative CO is required to document a performance review of the contracted services. The Project Manager will also conduct a post-performance assessment upon completion of each task. The Project Manager 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 tasks assessment:

1. Quality of work performed,

2. Timeliness of work delivered,

3. Qualifications of staff providing services,

4. Management professionalism, and

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 contracting officer 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 task (or tasks) 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 Attachment A Schedule of Deliverables.

1. Unless otherwise specified in the task, 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 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, 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

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

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

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 and subsequent tasks. The Contractor shall include in the technical proposal for each task the résumés on all proposed professional and/or technical personnel who will perform the tasks.

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: 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.

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

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

7. 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 http://checklists.nist.gov/ http://www.iprm.oit.va.gov/ documents and forward them to the Security Investigations Center (SIC).

8. The SIC 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.

9. 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.

10. 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.

11. 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 are the exclusive property of the U.S.

Government and shall be submitted to the COR at the conclusion of the task.

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

Attachment A Schedule of Deliverables Deliverable

No.

Item Quantity Delivery Date

A PMP

One

5 calendar days after

Notice to Proceed

2 Property Survey ~Not More Than 7

30 Calendar Days As Requested by COR

Phase 1 ESAs

(CERCLA

responsive)

Two (one draft and one final) for each EUL site - ~No More Than 7

Summary report containing Historic Designation/eligibility status Reports

Two reports (one draft and one final) for each EUL site - ~No More Than 3

5 Archaeological Study

Report

Two reports (one draft and one final) for each EUL site specified ~No More Than 2

Appraisal Report

Two reports (one draft and one final) for each VA EUL site

- ~No More Than 7

Preparation of Environmental Assessment (NEPA responsive)

~Not More Than 7 containing market analysis, financing options, feasibility and viability for housing containing market analysis, financing options, feasibility and viability for commercial use

10 Summary legal report showing the legal compliance of the proposed projects

11 Prepare and submit Meeting minutes

~Not More Than 26

3 calendar days after meeting

12 Project Work Plan ~ No More Than 10

Monthly

13 Kick off Meeting minutes

One

3 calendar days after meeting

Completed slides, white paper, and status reports

Up to 12 slides/white paper/report per year (2 drafts of each, and 1 final of each)

15 Bi-weekly meeting minutes

~ Up to 26 3 calendar days after meeting