Attachment 2 - Performance Work Statement - Part B.docx

PERFORMANCE WORK STATEMENT FOR DEPARTMENT OF VETERANS AFFAIRS , OFFICE OF ASSET ENTERPRISE MANAGEMENT PROJECT SUPPORT FOR THE ENHANCED-USE LEASE AGREEMENTS, WEST LOS ANGELES VA MEDICAL CENTER, INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) – WEST LA PROJECT SUPPORT TASK ORDER

A. GENERAL INFORMATION

1. Title of Project: Department of Veterans Affairs, Office of Asset Enterprise Management Project Support for Enhanced Use Lease Agreements, West Los Angeles VA Medical Center (WLA), Indefinite Delivery/Indefinite Quantity (IDIQ) – West LA Project Support Task Order.

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this Performance Work Statement (PWS). The Office of Asset Enterprise Management (OAEM) is the program office responsible for administering the Department of Veterans Affairs (VA) enhanced use lease (EUL) program.

The contractor shall be responsible for providing EUL project management support and technical and strategic and reporting deliverables to help ensure EUL projects are accomplished efficiently and effectively. The contractor shall provide and apply expertise in EUL project topics and project-specific challenges to develop the draft and final deliverables identified in this PWS.

For most EULs, VA enters into separate contracts with firms that provide day-to-day transaction support to help support EUL projects as they progress through the due diligence phase, performing such tasks as obtaining appraisals, environmental site assessments, title reports, National Environmental Policy Act (NEPA) and Section 106 compliance documents, and participating in regular conference calls.

The purpose of this contract is also to obtain project-wide oversight support functions, guidance, and project support to ensure that the EUL supports the strategic objectives of VA.

3. Background: VA’s EUL authority which allows VA to out-lease real property to non-Federal public entities and private parties for terms of up to 75 years, was enacted in August 1991 and codified in §§ 8161- 8169 of title 38 U.S.C. VA’s EUL authority expired on December 31, 2011, and then was reauthorized under section 211 of Public Law 112-154 on August 6, 2012. VA’s current EUL authority is restricted to VA out- leasing land and improvements for the development of “supportive housing” (as that term is defined in 38 U.S.C. § 8161) for Veterans and/or their families who are homeless or at risk of homelessness.

EUL projects contribute to the Department’s objective of ending Veteran homelessness, and also contribute to VA cost savings by eliminating the operations and maintenance costs that VA previously incurred on underutilized or vacant capital assets. Examples of supportive housing may include transitional housing, single-room occupancy, permanent housing, congregate living housing, independent living housing, assisted living housing, Memory Care, and other modalities of housing. Co-locating housing for homeless and at-risk Veterans on VA campuses reduces Veteran emergency room visits, duration of hospital stays and similar types of acute medical care. This represents cost avoidance to VA in terms of bed days of care and similar health care services. The values of these savings are reported to Congress annually via VA’s EUL Consideration Report.

4. Period of Performance: The Period of Performance for this task order is 365 calendar days (1 year).

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

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

7. IDIQ Title: Department of Veterans Affairs, Office of Asset Enterprise Management Project Support for Enhanced Use Lease Agreements, West Los Angeles VA Medical Center (WLA) Indefinite Delivery/Indefinite Quantity (IDIQ) (West LA IDIQ).

B. 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.

C. GENERAL REQUIREMENTS

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

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

4. The contractor shall provide, via email, minutes of all Government-contractor meetings. The contractor shall provide these minutes within one calendar day after completion of the meeting unless otherwise specified in an individual task order.

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

6. Complaints or violation 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 or CO, it will be considered a failure in performance.

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

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables (and make sure they are 508 compliant, as requested by the COR) described below within the performance period stated in Section A.4 of this PWS.

Task One: PMP and Briefing The contractor shall provide a PMP and briefing for the project team, which presents the contractor's plan for completing the task order. The contractor's plan shall be responsive to this PWS and describe, in further detail, the approach to be used for each aspect of the task order as defined in the technical proposal. The contractor shall keep the PMP up to date throughout the period of performance.

Deliverable One: Draft and Final PMP and Briefing.

Task Two: Communications (Project Status Meetings and Project Work Plans) For each project, the contractor shall:

1. Conduct Contracting Officer’s/COR Kick-off/PAC with VA officials via conference call or in person at the VA Central Office if local, or travel at contractor’s own expense.

2. Maintain a schedule of all relevant meetings, purpose of meeting and key messages to be delivered.

3. Participate in bi-weekly conference calls with VA in support of EUL related matters (up to 26 per year).

4. Prepare and distribute meeting action item checklist within five business days of conference call.

5. Prepare monthly work plan including current project status, outstanding activities and deliverables, milestone dates, and issues for each project under development (up to 12 per year).

Deliverable Two: Kick-off/PAC Meeting Minutes (up to 5 projects) Deliverable Three: Coordinate and participate in bi-weekly conference calls and provide action item checklist – up to 26/year Deliverable Four: Provide monthly Project Work Plan

Task Three: EUL Integration on WLA Campus.

The Contractor shall provide technical and strategic expertise, support, and assistance in the areas of:

1. EUL Project Integration:

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 consist of 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 track, monitor, and report on the status of all EUL related activities occurring at WLA and issue bi-weekly status reports including tracking and reporting on all areas of real estate management and due diligence impacting EUL activities, specifically: environmental and historic preservation, NEPA, legal documents, traffic, utilities, zoning, permitting, and construction or renovation activities.

Deliverable Five: Bi-weekly EUL Project Integration Status Reports to OAEM Leadership – up to 26 per year.

2. Integrated Project Team (IPT) and Subgroup Meeting Participation The Contractor shall participate in all IPT and associated Subgroup meetings, providing OAEM input and updating OAEM leadership on key take-aways.

Deliverable Six: Attendance of up to 100 IPT and associated subgroup meetings per year.

3. External Stakeholder Meeting Participation The Contractor shall be responsible for in-person/virtual attendance at Los Angeles area external stakeholder meetings 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), SoCal Edison, Los Angeles Department of Water and Power, and other entities.

The Contractor shall work with OAEM leadership, GLAHS and contractors to ensure clear, consistent messaging on EUL-related issues. In addition, the contractor shall maintain a schedule of all relevant meetings, the purposes of those meetings and key messages to be delivered at each meeting. The contractor shall represent OAEM in these meetings, address EUL-related issues, and relay any important information to OAEM leadership as required.

Deliverable Seven: Preparation for and participation in external stakeholder meetings per year and report for OAEM Leadership – up to 26.

4. Support for Campus Master Planning Activities Related to EUL Projects The Contractor shall provide support to OAEM related to campus master planning activities impacting EUL and other capital investment projects. These activities shall include, but are not limited to:

· Coordination and participation in meetings and conference calls.

· Confirming that all approaches to campus development fall within existing VA legal authorities 38 U.S.C. §§8161-8169 - Enhanced Use Leases of Real Property; PL 114-226 - West Los Angeles Leasing Act of 2016; and PL 117-18 - West Los Angeles Campus Improvement Act of 2021

· Compliance with OMB and CBO budgetary scoring requirements

· Preservation of VA’s ability to maintain responsibility for inherently governmental functions

· Coordination with OAEM staff on related budget and VA Strategic Capital Investment Plan (SCIP) activities and questions pertaining to the campus

· 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

Deliverable Eight: Campus Master Planning meetings related to EULs (Up to 24 per year) Deliverable Nine: Up to 12 presentations per year (2 drafts of each, and 1 final of each) Deliverable Ten: Up to 3 responses per year FOIA, GAO, and OIG inquiries (2 drafts of each, and 1 final of each)

Task Four: Real Property Studies for EULs The Contractor shall work with OAEM and Developer staff to identify the preliminary boundary of each Release Parcel associated with Developer EUL. Once each preliminary boundary has been identified, the Contractor shall obtain an ALTA survey for each confirmed Release Parcel, to include additional property studies as listed below. (Subject to change).

The Contractor shall obtain a Notice to Proceed from the COR prior to obtaining each of the below items:

1. Revised Real property ALTA Surveys

2. Phase I Environmental Site Assessments in accordance with the current

ASTM E1527.

3. Fair Market Property Appraisal/Valuations

4. Legal Descriptions

5. Title Search

Deliverable Eleven: Revised ALTA Surveys (up to 5 per year) Deliverable Twelve: Phase I Environmental Site Assessment (ESA) Reports (up to 5 per year) Deliverable Thirteen: Fair Market Property Appraisal/Valuations (up to 5 per year) Deliverable Fourteen: Legal Descriptions of EUL parcels (up to 5 per year) Deliverable Fifteen: Title Search Reports (up to 5 per year)

Task Five: EUL Related Technical Support for Project Structuring For each project, the contractor shall provide the following transaction support related to the Developer Lease, Master Association, and related issues:

1. Reviewing lease, lease exhibits, supporting documents, including documenting and tracking changes/issues during the drafting process.

2. Work with Developer and funders to develop and implement the EUL and Master Association concept.

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

4. Review and provide comments on business terms of Developer Lease, and any related legal and financial transaction documents through financial closing.

(Note: Legal support to be covered by a separate Task).

5. Participate in bi-weekly calls with Developer and provide an action item checklist to keep project on track.

6. Maintain up-to-date timeline for Developer activities.

Deliverable Sixteen: Edits and comments on business terms of draft and final lease and lease exhibits in the Developer Lease, to include Master Association, development plan, site and design plan, and financing documents.

Deliverable Seventeen: Coordinate and participate in bi-weekly conference calls with the Developer and OAEM on community planning to include action item checklist and other technical support as required - up to 26 per year.

Task Six: WLA Project Tasks - Technical Expertise, Support, and Assistance The Contractor shall provide subject matter technical expertise, support, and assistance to OAEM staff with West LA project tasks as requested by the COR and agreed upon by the Contractor. 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 that require up to 6 hours per month of Program Manager time, up to 24 hours per month of Real Estate Specialist Junior time, and up to 40 hours per month of Project Manager Associate time.

Deliverable Eighteen: As agreed to by COR and Contractor in advance of task initiation

Task Seven: Legal Support The Contractor shall provide Legal support services to assist VA in developing and executing Developer EULs, as well as related real estate matters on the West LA campus.

Deliverable Nineteen: Draft and Final Developer Lease documents, Exhibits and Supporting Documents. Participation in Conference Calls, and Email Correspondence as requested by the COR (approximately 20 hours/month)

Task Eight: 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 assets as required based on Developer EUL Phasing Plan (subject to change).

The contractor shall assist VA in responding 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.

Key duties and responsibilities would include:

· 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 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.

· Assisting with utility licenses/easement packages to support the general contractor and VA.

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

Deliverable Twenty-One: Recommendations to VA regarding utility planning and construction and implications/risks/risk mitigation of utility shut-off and turn-on planning.

Deliverable Twenty-Two: Review and summary status of:

· 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 Twenty-Three: Final end of construction report coordination for each project Deliverable Twenty-Four: Final as-built coordination (collect final as-builts once work is substantially completed and utilities are in operation) for each project

Task Nine: 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-Five: Bi-weekly due diligence tracker updates, due diligence, and email correspondence, as requested by COR – up to 26 per year.

VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

4. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Attachment A

Schedule of Deliverables

Twenty-one

Recommendations to VA on Utility Planning and Construction

Per volume described the task

As required per project