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

PERFORMANCE WORK STATEMENT

SUPPORT SERVICES FOR

THE U.S. DEPARTMENT OF VETERANS AFFAIRS (VA) ENHANCED-USE LEASE (EUL) PROJECT AT THE VA WEST LOS ANGELES MEDICAL CENTER WITHIN THE

VA GREATER LOS ANGELES HEALTH CARE SYSTEM,

WEST LOS ANGELES, CALIFORNIA

November 2024

GENERAL INFORMATION

1. Title of Project: Support Services for the U.S. Department of Veterans Affairs (VA) Enhanced-Use Lease (EUL) project in West Los Angeles, California (West Los Angeles EUL Support Services).

2. Project Location: VA West Los Angeles Medical Center, 11301 Wilshire Blvd, Los Angeles, CA 90073

3. Background: The purpose of this Performance Work Statement (PWS) is to obtain support services to enable VA to accomplish this EUL project in a manner that maximizes available benefits. The EUL authority, Title 38 United States Code Sections 8161-8169, as amended, allows VA to out-lease available facilities (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 OAEM in a variety of functions that support EUL projects in accordance with its EUL authority and other related laws and directives.

The development would consist of the construction of approximately 1,200 supportive housing units for Veterans and their families, in accordance with housing and service enhancement goals laid out in the VA Greater Los Angeles Healthcare System, West Los Angeles Campus Master Plan 2022. The West Los Angeles Leasing Act of 2016, was enacted to improve on the U.S. Department of Veterans Affairs Enhanced-Use Lease authority, codified at 38 U.S.C. §§ 8161-8169 in an effort to combat and/or reduce the high homeless population rate within the local Veteran community, which aligns with the wider state and national initiatives to end homelessness among our nation’s most vulnerable Veterans.

4. Objectives: The objective of this PWS is to provide a range of EUL support services. The selected Contractor shall have subject matter expertise and provide all resources necessary to perform the specific requirements as defined in the PWS and as directed in Section D, Specific Mandatory Tasks and Associated Deliverables effectively assist the Project Manager (PM) while undertaking an EUL.

5. Period of Performance: Period of Performance for this contract is three years from date of award or 1,095 calendar days. Depending on the availability of funds, the VA reserves the right to award the contract for less than the 3-year period.

6. Type of Contract: This is a Firm Fixed Priced contract.

7. 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).

8. Contract Award Meeting: The Contractor shall not commence performance on the tasks/deliverables outlined 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. The contractor shall identify its proposed technical approach in writing. The contractor’s task order quote shall include its proposed labor categories, rates, and number of hours by task, together with associated delivery dates and sub-milestone dates (if any) and proposed key personnel résumés if not on file. 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. All tasks and deliverables shall be separately tracked and billed/charged separately, identified as either project development (PACT eligible) and/or operational/post transaction work (non-PACT eligible).

4. Where a written milestone deliverable is required in draft form, VA will complete its review of the draft deliverable within 10 calendar days from date of receipt. The Contractor shall have 10 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

5. The Contractor shall provide, via email, minutes of all Government-Contractor meetings. The Contractor shall provide these minutes within two calendar days after completion of the meeting.

6. 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.

7. 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.

8. 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.

SCOPE

The scope of this Firm Fixed Price contract for support services is to enable the Department to formulate and execute an EUL project at the VA Greater Los Angeles Healthcare System, West Los Angeles Campus as expeditiously as possible.

The contractor shall provide all resources necessary to accomplish the deliverables described in this PWS. The purpose of this PWS is to select a contractor to provide day-to-day multi-functional project support for EUL projects during the development and execution phases by performing such tasks as technical and strategic support, financial and legal support, various administrative support functions and construction oversight. Guidance for implementation of the EUL Program at West Los Angeles VA Medical Center in Los Angeles, California. Among the key areas are:

1. Provide specialized services in the following areas at any time during the EUL project development and execution phases:

· Project management planning and scheduling

· Identify key issues, risks, and potential constraints

· Track project due diligence activities

· Property studies

· Development Plan

· Tenant Selection Plan

· Operations & Maintenance Plan

· Financing documents review

· Design exhibits review

· Construction oversight

· Review lease and exhibits

· Legal documents review

2. For each project, the contractor shall provide EUL transaction support to include:

· Provide ongoing assistance to VA in reviewing and subsequent revisions to the development plan, tenant selection plan, and operations & maintenance plan among other EUL exhibits provided by the developer.

· Document and track changes / issues during the drafting process.

· Review and provide comments on financial documents up through financial closing.

· Review legal transactions and documents for sufficiency including tracking issues and changes during lease revision process.

· Review and comment on facility design and / or construction documents from both a technical and programmatic standpoint.

3. Provide communication support in the areas of:

· Conduct Contracting Officer / COR kickoff meetings

· Participation in public hearings

· Maintain a schedule of relevant meetings

· Coordinate and participate in project status meetings

· Provide project work plans

· Track and share project specific matters with the Project Manager

· Coordination and Participation in internal/external stakeholder meetings

· Draft meeting minutes

· Draft briefing documents and correspondence

4. Provide support with EUL design and construction oversight and management to include, but not limited to the following:

· Track and report project construction progress

· Inform VA of any risks or issues for EUL construction projects along with recommended mitigation strategies

· Facilitate communications between project stakeholders on project construction matters

· Review inspection documents and permits

· Develop recommendations and strategies which include R.O.M. (rough order of magnitude) cost estimate (opinion of probable cost)

5. Provide specialized services and support in the following areas at any time during Developer functions:

· Provide ongoing assistance to VA in reviewing and subsequent revisions to overall transaction structure

· Review and provide comments on business terms associated with Developer EUL and any related legal transaction documents

· Assist VA in working with the Developer and funders to develop and implement the Developer EUL

· Assist VA with parcelization, common area identification, phasing, infrastructure and roads, and parking plan reviews and assessments

· Participate in project calls with the developer and support the Project Manager with follow up action items and tracking

· Maintain up-to-date timeline for Developer activities

· Assist VA in working with the Developer and funders to develop and implement the Master Association concept

6. Provide ongoing assistance with the development and oversight of VA EUL projects on the West Los Angeles Campus

SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables:

1. For each task awarded under this service contract, the contractor shall produce and provide the specific tasks and deliverable(s) described in the PWS and delivery dates as specified in Attachment A – Schedule of Deliverables, within the contract period of performance stated in Section A5 above, and ensure 508 compliance, as requested by the COR. Tasks and their associated sub- tasks, and deliverables are identified in sub-sections i through vii, below.

2. The selected Contractor shall be responsible for assessing VA’s current EULs and providing review, monitoring, and ensuring compliance of transactions. The contractor will help VA to operate efficiently and to effectively manage all EULs. Specifically, this shall include but not limited to the tasks listed as follows:

i) Task One: Project Management Plan (PMP) and Briefing

The contractor shall provide a PMP and briefing for the project team, which presents the contractor's plan for completing the deliverable. 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 deliverable 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.

Deliverable One (PACT): 1 Draft and Final PMP and Briefing.

ii) Task Two: Communications

The Contractor shall work with VA officials, OAEM leadership, GLAHS, VA partners, stakeholders, and contractors to ensure clear, consistent messaging on EUL-related issues.

For each project, the contractor shall participate in project status meetings, project kick-off meetings, and participate in internal/external stakeholder meetings with local power, water and gas companies and other entities, via conference call or in person at the VA Central Office if local, or travel at contractor’s own expense, as requested by the COR.

The Contractor shall participate in all in-person/virtual external stakeholder meetings in the Los Angeles area related to housing on campus, including but not limited to public town halls, public hearings, and meetings with Veterans Advocacy, the Federal Advisory Committee (FAC), the Los Angeles Region Community Veteran Engagement Board (LAR-CVEB), Veterans and Community Oversight and Engagement Board (VCOEB).

1. Participate in weekly conference calls with VA officials in support of EUL related matters (up to 170 / 3 years). Contractor shall perform/produce the following:

a. Maintain a schedule of all relevant meetings, record the purposes of those meetings to relay key messages and provide meeting minutes for all attended engagements.

b. Prepare and distribute meeting action item checklist (due outs) within five business days of conference call.

c. Prepare weekly work plan including: current status and issues for each project under development, outstanding activities and deliverables, milestone dates.

Deliverable Two (PACT): Communications - Coordinate weekly conference calls with project action item checklist and provide status updates for up to 10 projects.

(156 weeks / 3 years period of performance)

iii) Task Three: EUL Integration on WLA Campus - Technical and Strategic Expertise, Support, and Assistance.

The Contractor shall provide EUL project coordination and support to OAEM for integration of all EUL projects on the WLA campus into the overall master planning effort. This support will include interfacing with OAEM, GLAHS, VA’s Office of Facilities Management (CFM), VISN 22, and contractors working on the West LA Master Plan.

The Contractor shall provide subject matter technical expertise, support, and assistance to OAEM staff with West LA EUL project tasks. Subject matter expertise shall include but not be limited to affordable housing development and finance, financial analysis, budgetary scoring, master planning, property management, and other similar areas. Contractor should assume two specialized requests per month as requested by the COR and agreed upon by the Contractor in advance of task initiation. Contractor support under this task shall consist of:

Deliverable Three (PACT):

Provide weekly EUL Project Integration Status Reports to OAEM Leadership.

Status Reports to include notes from meetings, provide follow-up plan for OAEM to complete for action items.(up to 156 / 3 yrs.)

Deliverable Four (PACT): Monthly Integrated Project Team (IPT) and Subgroup Meeting Participation - The Contractor shall participate in all IPT and associated Subgroup meetings, providing meeting notes on action items or issues (up to 40 / 3 years).

Deliverable Five (PACT): External Stakeholder Meeting Participation and reporting, as deemed necessary by COR. (up to 60 / 3 yrs.).

Deliverable Six (PACT): Coordinate, participate, and/or attend Campus Master Planning meetings associated with 10 EUL projects, ranging between half an hour to one hour long. and provide status and/or feedback as needed, and track project status, due outs, and deadlines.

(up to 120 / 3 years).

Deliverable Seven (PACT): Support for Campus Master Planning Activities Related to EUL and SCIP Projects (up to 36 / 3 years) The Contractor shall provide support to OAEM related to campus master planning activities impacting EUL and other capital investment projects. These activities include, but are not limited to:

Deliverable Eight (PACT): Assistance to OAEM with FOIA and/or OIG inquiries related to EUL and other capital investment projects and GAO audits of the EUL program under West LA Leasing Act 2016 (up to 20 / 3 years).

· Provide bi-weekly reports to the Project Manager for all EUL related activities occurring at West LA.

· Provide bi-weekly West LA EUL comprehensive project status reports to OAEM leadership.

· Attendance of up to 100 IPT meetings per year and associated subgroup meetings.

· Coordinate and participate in up to 24 meetings and conference calls per year

· Draft up to 12 presentations per year – 2 drafts of each, and 1 final of each

· Draft responses to various oversight organizations.

iv) Task Four: EUL Related Technical Support for Project Structuring

For each project, the contractor shall provide the Project Manager with technical support by providing edits and comments on business terms of draft and final Developer lease and lease exhibits to include Master Association, development plan, site and design plan, and financing documents.

Deliverable Nine (PACT): Edits and Comments on Developer Draft and Final Lease, Exhibits and Related Documents (up to 100 / 3 years).

Deliverable Nine activities entail:

1. Assisting VA in reviewing lease, lease exhibits, supporting documents and subsequent revisions to the development plan, tenant selection plan, operations & maintenance plan and other EUL exhibits provided by respective developer. This includes documenting and tracking changes/issues during the drafting process.

2. Assisting VA in working with the Developer and funders to develop and implement the Developer Lease and lease exhibits.

3. Assisting VA with parcelization, common area identification, phasing, infrastructure and roads, and parking plan reviews and assessments.

4. Reviewing and providing comments on business terms associated with Developer Lease, lease exhibits, and any related legal and financial transaction documents through financial closing.

5. Review legal transaction and documents – track issues and changes during the lease revision process, review for legal sufficiency, etc.

Deliverable Ten (PACT): Calls with Developer/OAEM on Community Planning, Action Item Checklist, & Technical Support (up to 1,000 / 3 years).

· Review facility design and/or construction documents (from both technical and programmatic standpoints).

· Participate in bi-weekly calls with Developer and support PM with action item checklist to keep effort on track.

v) Task Five (PACT): WLA Project Tasks – Subject Matter Technical Expertise, Support, and Assistance

The Contractor shall provide legal support services to assist VA in developing and executing all EULs, as well as related real estate matters on the West LA campus.

Deliverable Eleven (PACT): Specialized Requests (2 per Mo. / 36 months.) as agreed to by COR to include, but not limited to the following:

· Review and provide comments on draft and final lease documents.

· Participate in conference calls.

· Provide email Correspondence.

vi) Task Six: Onsite Design/Construction Oversight

The contractor shall provide design/construction management support to OAEM with monitoring and reporting associated with tracking construction progress for specified projects based on Developer EUL Phasing Plan (subject to change). The contractor shall provide up to 10 hours of on-site construction oversight five days a week, during construction hours between 6:00AM through 5:00PM. Contractor shall assist VA respond to any special inquiries from internal or external stakeholders concerning construction on these projects and inform VA of any concerns, challenges, and/or risks associated with construction work, along with proposed mitigation strategies. Contractor support with EUL design and construction oversight and management to include, but not limited to the following:

· Participating in a multi-disciplinary team responsible for data management, analysis, and support on complex project issues and problems.

· Applying project and construction management knowledge to meet field needs while managing issues on several projects simultaneously.

· Track’s construction/project related documentation.

· Participation in design/construction meetings.

· Supporting VA staff in monitoring project progress and identifying potential problems.

· Developing recommendations and strategies which include R.O.M. (rough order of magnitude) cost estimate (opinion of probable cost) to address issues, applying knowledge of current design and construction methodologies, and making recommendations for adjustments of future agreements.

· Compiling reports and verifying computations to ensure accuracy and providing expertise on the development of metrics and solutions to mitigate risks associated with major construction projects.

· Reviewing necessary utility permits that are required from respective municipality and/or state entities.

· Drafting and distributing project updates and facilitating team communication.

· Conducting periodic compliance reviews and quality assurance on project data to keep requirements within the parameters established by the project scope, budget, and schedule.

· Liaising with project stakeholders about project requirements, timelines, and administrative reporting.

Deliverable Twelve (PACT): Draft and submit (up to 80 / 3 years) bi-weekly construction reports to include narrative and metrics-based data including:

· Percentage of construction completed +/-, work completed

· Ongoing updates to risk matrix (potential known challenges/risks)

· A two week/three-week look ahead summary of activities (allows for VA to be fully engaged in substantive details).

Deliverable Thirteen (PACT): Provide recommendations to VA regarding the utility planning and construction and implications/risks/risk mitigation of utility shut-off and turn-on planning for up to 7 projects per year (up to 21 / 3 years)

Deliverable Fourteen(Non-PACT): Provide recommendations to VA regarding the utility planning and construction and implications/risks/risk mitigation of utility shut-off and turn-on planning for up to 3 projects per year (up to 11 / 3 years).

Deliverable Fifteen (PACT): Review and provide (up to 150 / 3 years) summary status of construction documents and activities such as:

· Lien Releases (Ensure all liens are released from sub-contractors and general contractor for utility work)

· Performance Bond Status (Ensure the scope of work includes an executed Performance Bond with United States of America as Co-Beneficiary for 100% of the utility work)

· Change Orders (Summarize and update any change order work from the subcontractors/general contractor)

· Insurance certificates (Ensure general contractor’s general liability insurance is current and maintained in compliance with Lease requirements)

· Utility License/Easement Packages

· Inspection Reports

· Resolution report for punch list items

· Final commissioning report or acceptance testing report

· Sustainability Certification

Deliverable Sixteen (non-PACT): Review and provide (up to 90 / 3 years) summary status of construction documents and activities such as:

· Lien Releases (Ensure all liens are released from sub-contractors and general contractor for utility work)

· Performance Bond Status (Ensure the scope of work includes an executed Performance Bond with United States of America as Co-Beneficiary for 100% of the utility work)

· Change Orders (Summarize and update any change order work from the subcontractors/general contractor)

· Insurance certificates (Ensure general contractor’s general liability insurance is current and maintained in compliance with Lease requirements)

· Utility License/Easement Packages

· Inspection Reports

· Resolution report for punch list items

· Final commissioning report or acceptance testing report

· Sustainability Certification

Deliverable Seventeen (Non-PACT): Final end of construction report coordination (including utility work) for each project (up to 3 projects per year / 3 years).

Deliverable Eighteen (PACT): Final end of construction report coordination (including utility work) for each project (up to 7 projects per year / 3 years).

Deliverable Nineteen (PACT): Final as-built coordination (collect final as-builts once work is substantially completed and utilities are in operation) for each project (up to 7 projects per year / 3 years)

Deliverable Twenty (Non-PACT): Final as-built coordination (collect final as-builts) once work is substantially completed and utilities are in operation for each project (up to 3 projects per year / 3 years)

vii) Task Seven (PACT): Due Diligence Tracking Support The contractor shall work with OAEM staff to review and track incoming due diligence activity requests from EUL developers. The contractor shall review and clarify information contained in all requests and update the due diligence tracker on a weekly basis. The contractor shall prepare Management Plans for any major due diligence tasks/activities (e.g., pot holing for trunk line) and work with OAEM to obtain GLA approval as required.

Deliverable Twenty-One (PACT): Draft and submit due diligence tracker updates, management plans, and due diligence email correspondence for due diligence activities as requested by COR (Up to (up to 150 per year or 450 / 3 years).

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 local task 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 task, 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 task. 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 task 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 (VACO) 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

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 (ATTACHMENT A)

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 the task.

CONTRACTOR EXPERIENCE REQUIREMENTS—KEY PERSONNEL

These skilled experienced professionals and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract and subsequent task and options. 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. Contractor must be familiar with The West Los Angeles Leasing Act of 2016, enacted to improve on the U.S. Department of Veterans Affairs (VA) Enhanced-Use Lease (EUL) authority, codified at 38 U.S.C. §§ 8161-8169 and understand and meet the housing and service enhancement goals laid out in the VA Greater Los Angeles Healthcare System, West Los Angeles Master Plan 2022. 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.

CAPABILITY MATURITY MODEL FOR SOFTWARE INTEGRATION

Not applicable.

ARCHITECTURAL GUIDELINES

Not applicable.

SECURITY REQUIREMENTS

The Contractor shall follow the following Contractor personnel security guidance:

1. 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

2. 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.

3. 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.

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

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

6. The COR will provide the Contractor a Background Investigation Request Worksheet within 4 calendar days of the 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.

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 documents and forward them to the Security Investigations Center (SIC).

8. 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.

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 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.

ATTACHMENT A

Schedule of Deliverables

PACT

Detailed Draft/Final PMP and Briefing

1 electronic copy

Within 7 calendar days after kick-off meeting

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Deliverable No.