2 DEPARTMENT OF VETERANS AFFAIRS REQUEST FOR QUALIFICATIONS (RFQ) No. 36C77624Q0338 VA MAINE HEALTHCARE SYSTEM ENHANCED-USE LEASE PROJECT Togus, Maine 9 September 2024 DATE AND TIME RESPONSES DUE: January 15, 2025, 5:00 PM ET DATE AND TIME QUESTIONS DUE: 10/30/2024, 5:00 PM ET RFQ INFORMATIONAL AND SITE VISIT SCHEDULE: SEE ATTACHMENT B DISCLAIMER The information presented in this Request for Qualifications and all supplements, revisions, modifications, updates, and addenda thereto (collectively, the RFQ ), including (without limitation) narrative descriptions and information, is not represented to be all of the information that may be material to an Offeror s decision to submit a response to this RFQ to finance, design, develop, renovate, construct, operate and maintain the Project (as defined below) on a portion of the U.S. Department of Veterans Affairs (VA) campus named in Attachment A. Neither VA, nor any of its contractors, subcontractors, officers, employees, counsel, advisors, or agents make any representation or warranty, whether express, implied, or created by operation of law, as to the accuracy or completeness of this RFQ or any of its contents or materials referred to or provided pursuant to or in connection with this RFQ, and no legal liability with respect thereto is assumed or may be implied. Any information or site description is merely provided to assist Offerors in their independent analysis of the decision to submit a response. The transactions contemplated by this RFQ involve significant risks. Offerors and their advisors should review carefully all the information set forth in the RFQ and any additional information available to them to evaluate such risks. No additional representation or warranty, whether express, implied, or created by operation of law, will be made by VA. No person has been authorized to make or give on behalf of VA any other written or oral representation, warranty or assurance with respect to the Project or the accuracy or completeness of the information provided in this RFQ or otherwise and, if any such representation, warranty, or assurance is made or given, it may not be relied upon by any Offeror as having been made by or on behalf of VA, and VA shall not have any liability for or with respect to such statements. Table of Contents 1 EXECUTIVE SUMMARY 1 1.1 Authority to Outlease 1 1.2 RFQ Terms and Condition Acceptance 1 2 PROPOSED DEVELOPMENT OF SITE 2 2.1 Overview of Solicitation Structure 2 2.2 Location, Background and Description of the Site 2 2.3 Development Considerations 2 2.3.1 National Historic Preservation Act 3 2.3.2 National Environmental Policy Act and Other Environmental Considerations 3 2.3.3 Infrastructure 3 2.3.4 Legal Considerations 4 2.3.5 Prevailing Wages 5 2.3.6 Handicap Accessibility 5 2.3.7 EUL Statutory Requirements 6 2.3.8 VA s Goals and Objectives 6 2.3.9 Other Considerations 6 3 LEASE EXHIBITS 7 4 SUBMITAL REQUIREMENTS 7 4.1 Time and Date of Submission 7 4.2 Manner of Submission 7 4.3 Response Content 8 4.3.1 Cover Letter with Background and Administrative Information 9 4.3.2 Legal Requirements 10 4.3.3 Section 1: Development Plan 11 4.3.4 Section 2: Operations Plan 13 4.3.5 Section 3: Development Team Qualifications, Experience, and Past Performance 15 4.3.6 Section 4: Property Management and Childcare Team Qualifications, Experience, and Past Performance 16 4.3.7 Section 5: Financial Wherewithal and Experience Securing Financing 17 5 EVALUATION CRITERIA 18 5.1 Initial Review 18 5.2 Formal Presentations 18 5.3 Selection Process 18 5.4 Selection Timeline 18 5.5 Evaluation Factors 18 6 MISCELLANEOUS TERMS AND CONDITIONS APPLICABLE TO THIS RFQ 23 6.1 Authorizations by Submission of Response 23 6.2 Teaming Arrangements and Special Purpose Entities 23 6.3 Hold Harmless 23 7 INELIGIBILITY 23 8 ADDITIONAL INFORMATION 24 ATTACHMENT A: EUL SITE MAP AND DESCRIPTION OF SITE 26 ATTACHMENT B: INFORMATION ON RFQ INFORMATIONAL AND SITE TOURS 28 ATTACHMENT C: CONCEPTUAL LEASE EXHIBIT OUTLINES 29 Department of Veterans Affairs RFQ: 36C77624Q0338 REQUEST FOR QUALIFICATIONS VA MAINE HEALTHCARE SYSTEM ENHANCED-USE LEASE OPPORTUNITY TOGUS, MAINE EXECUTIVE SUMMARY The United States Department of Veterans Affairs (VA), under its Enhanced-Use Leasing (EUL) authority (38 U.S.C. §§ 8161 to 8169) is pleased to issue this Request for Qualifications (RFQ or Solicitation), seeking competitive responses from qualified organizations (Offerors) to serve as Developer(s) in redeveloping underutilized vacant buildings (described in Attachment A) to benefit Veterans (directly or indirectly) and their families by developing a Childcare Center on the VA Maine Healthcare System campus in Togus, Maine. The Childcare Center will increase access to on-site, quality, affordable childcare services. Authority to Outlease VA is authorized to outlease land and improvements to non-Federal entities through the EUL Program. Such leases can have a term of up to ninety-nine (99) years. VA s Office of Asset Enterprise Management (OAEM) administers the EUL Program. The EUL authority allows VA to partner with the public or private sector to maximize returns to Veterans from underutilized capital assets. It allows selected developers to finance, design, develop, renovate, construct, operate and maintain supportive housing and/or projects that benefit Veterans directly and/or indirectly, such as a Childcare Center. VA envisions that development of the EUL Site will entail well-planned and coordinated endeavor, which is compatible with the campuses ongoing mission-related activities and the surrounding non-VA community. Offeror(s) under the EUL authority will be authorized and responsible for financing, designing, developing, renovating, constructing, operating, and maintaining the development Site in accordance with detailed development plan approved by VA ( Development Plan ) and applicable Federal, State, and local laws, codes, ordinances, and regulations. RFQ Terms and Condition Acceptance VA reserves the right, at any time, without notice, at its sole and absolute discretion, to: (a) reject any or all responses; (b) extend any deadline set forth in this RFQ; and (c) terminate the RFQ process, in whole or in part. PROPOSED DEVELOPMENT OF SITE Following passage of Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act), VA may now enter into EULs that enhance the use of the leased property by directly or indirectly benefitting Veterans. Using its EUL authority, VA seeks a developer who will provide a Childcare Center and services for children of VA-employed Veterans and non-Veterans, as well as Veterans in the local community. Offeror(s) must propose a Childcare Center (the EUL Project ) that directly or indirectly benefit Veterans. Pursuant to 38 U.S.C. § 8162(b)(5), the proposed EUL may not provide for any acquisition, contract, demonstration, exchange, grant, incentive, procurement, sale, other transaction authority, service agreement, use agreement, lease, or lease-back by VA or any other Federal entity. VA may only receive cash consideration and no forms of in-kind consideration can be accepted in lieu of cash consideration. VA may enter into an EUL without receiving consideration. Overview of Solicitation Structure Through this RFQ, VA is presenting a Site available for redevelopment for an Offeror; Offerors may submit a single response to this RFQ to develop the Site referenced in Attachment A. See Sections 4 and 5 of this RFQ for required response content and evaluation criteria. Location, Background and Description of the Site The intent of this Solicitation is to outline the requirements for selection of a Developer(s) and its team(s) for purposes of redeveloping underutilized vacant buildings for a Childcare Center to benefit Veterans (directly or indirectly) and their families. It is expected that any redevelopment would also enhance the VA Maine Healthcare System campus. The Developer entering into an EUL agreement with VA will be responsible for all financing, designing, developing, renovating, constructing, operating, and maintaining the facility. Pursuant to 38 U.S.C. §8163, VA conducted a Public Hearing on the EUL concept on August 15, 2024, at 6:00 PM EST; virtually with the Microsoft Teams video conference application. Attachment A contains additional information regarding the location, background information, and description of the subject Site. Attachment B includes directions on how to participate in the upcoming in-person tours of the Site. Development Considerations In deciding whether to submit a response to develop the proposed Site, the Offeror should consider certain factors. National Historic Preservation Act Prior to entering into an EUL agreement with VA, the Offeror shall work with VA to fulfill the requirements of the National Historic Preservation Act, 54 U.S.C. §§ 300101, et seq. ( NHPA ) in conjunction with the development and finalization of the proposed Development Plans. Section 106 of NHPA, 54 U.S.C. §§ 306108, requires the consideration of the effects of the Project on historic properties listed or eligible for listing in the National Register of Historic Places (NRHP) and provides representatives of the State and local governments, tribes and other interested consulting parties sufficient opportunity to comment on the Development Plan prior to execution of the EUL agreement. Section 106 of the NHPA also requires the developer to seek ways to avoid, minimize, or mitigate adverse effects (e.g., demolition) that the Development Plan might have on any historic properties during the execution stage of the EUL agreement. Consummation of this effort will be accomplished by VA. VA will act in concert with the Offeror, when necessary, in the accomplishment of historical compliance. For guidelines related to historic preservation requirements, visit https://www.achp.gov/protecting-historic-properties. National Environmental Policy Act and Other Environmental Considerations The EUL Project will be subject to all applicable Federal, State, and local environmental laws, codes, ordinances, and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA ), 42 U.S.C. §§ 9601-9675; the Resource Conservation and Recovery Act ( RCRA ), 42 U.S.C. §§ 6901, et seq; and the National Environmental Policy Act ( NEPA ), 42 U.S.C. §§ 4321-4347. NEPA requires that Federal agencies, including VA, identify and evaluate the potential environmental impacts of a major Federal action (e.g., an EUL) on the human environment. VA will complete the NEPA analysis upon VA s selection of the Offeror. The Offeror will be required to provide development-specific information to support the analysis. The NEPA analysis must be completed by VA, prior to execution of the EUL agreement. The Offeror will be responsible for complying with mitigation requirements of the NEPA analysis, if required. The Offeror shall comply with all applicable environmental laws and will be responsible for any required cleanup/remediation activities. Additionally, the Offeror will be responsible for any necessary environmental studies, reports, site assessments, seismic, etc. that are needed by Offeror to meet Offeror s obligations. Lastly, the Offeror will be responsible for complying with any regulatory requirements for the abatement and removal of any asbestos and/or lead-containing material. VA expects Offeror to remove (not encapsulate) hazardous materials. Infrastructure Any available information about infrastructure regarding the Site is included in Attachment A. It is the responsibility of the Offeror to pay utility providers for all utilities through separate metering. It is the responsibility of the Offeror to bring in the necessary utility lines (water, sewer, gas, electricity, fiber optics, communication, cable, etc.) to operate the EUL Site. VA is not obligated to provide the selected Offeror access to VA-owned utilities or resources. Legal Considerations Overview The Offeror is responsible for conducting its own due diligence regarding the EUL Site including, without limitation, whether (a) the development of the EUL Site, as contemplated by the Response, can be accomplished in compliance with applicable Federal, State, and local requirements (including fire, life safety, accessibility, zoning, State and local building codes, and other local land use restrictions); (b) the condition of the EUL Site is suitable for the Offeror s contemplated use; (c) the necessary permits, variances, special exceptions and other governmental actions or approvals required for the contemplated developments can be reasonably obtained (at no cost or expense to VA); and (d) the contemplated use(s) is otherwise practical, economically feasible and can be accomplished in accordance with relevant Federal, State and local requirements for applicable facilities. Property is under concurrent jurisdiction. Prior to the execution of the lease agreement, Offeror will need to have written executed agreements (e.g., Memorandum of Understanding) regarding fire, police, and emergency services in place, including VA concurrence. Taxes In accordance with the pertinent provisions of the EUL Statute (i.e., 38 U.S.C. § 8167), the Offeror during the EUL term will be subject to any and all applicable State and local taxes, fees, assessments, and special assessments legally chargeable to the EUL, the Offeror s leasehold interest, and the Offeror s underlying improvements. However, neither VA s interest in the EUL nor the United States fee interest in the underlying properties shall be subject, directly or indirectly, to any State or local laws relative to taxation, fees, assessments or special assessments. Security Offeror is responsible for providing security on the Site. The Offeror shall include in their response an overview of the physical security and electronic monitoring that will be provided based upon the individual space requirements and proposed Childcare Center use. As part of the response, it should be noted that it is the requirement of the Offeror to provide an appropriate level of security for the Site. Energy Conservation and Sustainable Design Requirements The VA Sustainable Design Manual () is the guidance that defines the methodology to incorporate sustainable design, including energy efficiency, in the EUL Project. VA encourages Offerors to incorporate sustainability over and above the standards found in the current VA Sustainable Design Manual. In previous projects, some developers have proposed more aggressive energy efficiency and sustainability milestones that made their proposals, all other elements considered equal, more attractive. To take advantage of existing sustainability work in the private sector that is well accepted in the construction industry, VA has determined that using a third-party rating system is the best method for fulfilling VA sustainable building requirements in the EUL Project. The Offeror may propose using the Leadership in Energy and Environmental Design (LEED®) rating system, the Green Globes® rating system, or an alternate rating system. VA requires that the Project achieve at least LEED Silver, Two Green Globes, or an equivalent certification level by the alternate rating organization. Offerors proposing to use an alternate rating system must submit a memo to the VA Project Manager demonstrating that the alternate solution achieves an equivalent level of certification as LEED Silver, Two Green Globes, or both. 2.3.4.5 Child Care Center Requirements The Childcare Center must be licensed by the State of Maine and all licenses must be kept current. The management, operation and maintenance of the Childcare Center shall be in accordance with applicable local, State of Maine, and Federal requirements. The Childcare Center also must comply with all Federal Regulations governing Fair Employment and Equal Opportunity in selecting teachers and staff. The Center must be fully licensed in Maine, and prior to operations, proof of appropriate licensure must be provided to VA and kept current. Prevailing Wages Unless the Offeror can demonstrate to the satisfaction of VA in the form of a written determination or written correspondence from the U.S. Department of Labor that the Offeror or the Project are exempt therefrom, Offeror shall comply with the requirements of the Davis-Bacon Act, as amended, 40 U.S.C. § 3141, et seq. and the relevant rules, regulations, and orders of the Secretary of Labor applicable thereto. Handicap Accessibility The Offeror will be required to ensure that its design, development, construction, operation, and maintenance plan and activities on the Site comply in all respects with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq., and the Architectural Barriers Act of 1968, 42 U.S.C. §§ 4151, et seq., as amended. EUL Statutory Requirements VA s EUL and statutory requirements are codified at 38 U.S.C. §§ 8161-8169, as amended and including modifications made by Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act), Sec. 705, Modifications to Enhanced-Use Lease Authority of Department of Veterans Affairs . VA s Goals and Objectives VA has the following goals and objectives for the Project: Reuse underutilized VA properties and avoid approximately $9,000/year in existing lawn maintenance and snow removal costs. Provide a quality Childcare Center that meets all applicable Federal, State and local requirements. Prioritize enrollment for the children of: (1) VA-employed Veterans and Veterans living on the VA Medical Center campus; (2) Veterans in the local community; and (3) VA-employed non-Veterans. There is demand among VA-employed non-Veterans, and VA is seeking enough spaces to accommodate this priority. Improve VA staff retention, enhance productivity and reduce absenteeism. Provide a safe and nurturing environment for children of VA employees and local Veterans and allow Veterans to focus on their own well-being, recovery, and engagement in VA programs and services, as needed. Other Considerations VA will not participate in or allow its or the United States underlying fee interest in the land to be used as security for financing for the Project or otherwise, including without limitation, providing any kind of guaranty or act in any way as a beneficiary for a financing vehicle. In regard to any proposed Project-related financing to be obtained by the Offeror, VA as a general rule will not approve any financing that includes requirements that operate to deny, restrict, or subordinate VA s right to terminate the EUL upon the Offeror s failure to cure an outstanding event of default thereunder. This includes any document, to include the EUL that would prevent VA from terminating the EUL due to cross default arising from one or more parcels on the Property. Any proposed Project financing that does not comply with this restriction must be explicitly identified in the RFQ response for VA s unilateral review and evaluation. The successful Offeror must establish and maintain positive relations and communications with State and local governmental authorities and the local communities during negotiations with VA and any of its representatives. The successful Offeror must integrate development activities with cultural resources and historical and environmental policy management requirements in support of VA s mission and operations. The Offeror will be responsible for coordinating the work schedule(s) with VA in order to minimize disruption to the campus activities and operations. This coordination includes the work of any contractor or subcontractor that the Offeror retains in connection with the Project. LEASE EXHIBITS Following its selection, the Offeror will be responsible for preparing detailed lease exhibits to include a Development Plan and Operations and Maintenance Plan. Attachment C contains sample outlines for lease exhibits. In addition, the Offeror will need to provide other lease exhibits such as Site and Design Plans. Following Offeror selection, VA will provide detailed lease exhibit templates. VA recognizes that formulation of the lease exhibits will require the Offeror to work closely and cooperatively with VA. VA will provide final approval and cooperate with the Offeror during the drafting process to facilitate preparation of the final Development Plan. It is anticipated that the Offeror will provide VA with drafts of the lease exhibits throughout the drafting process. The lease exhibits will be subject to VA s review and approval and may be subject to review and comment by local government and other stakeholders. SUBMITAL REQUIREMENTS Time and Date of Submission Responses must be received by January 15, 2025, at 5:00 PM EDT (the Closing Time ). Responses received after the Closing Time will not be considered. Questions regarding this RFQ may be submitted in writing by emailing Richelle Wagner at richelle.wagner@va.gov by October 30, 2024. Questions received after this date may not be considered. Responses will be provided by an amendment to the RFQ. All Government communication regarding this RFQ shall be from the Portfolio Manager, Richelle Wagner. Manner of Submission Responses will be accepted by electronic means and hard copy. For electronic submission, please submit responses via email to Richelle Wagner at richelle.wagner@va.gov. Please note, due to the size of response content, Offeror will need to submit RFQ response in multiple emails (20MB capacity per email to include attachments) labeled by section name and subsection (see RFQ Section 4.3 for additional details). The entire response must be in PDF format. In addition, any Excel or other spreadsheets that allow data to be manipulated must be included in their native (i.e., Excel), unprotected and accessible format. However, one hard copy must be delivered by mail, courier, or hand delivery to the following address: Attention: C. Brett Simms Designated VA Representative Department of Veterans Affairs Office of Asset Enterprise Management (044C) 810 Vermont Avenue, NW Washington, DC 20420 Each hard copy of the response must be bound in a three-ring binder (to allow VA to easily remove parts for copying and/or circulation). Responses must be in a sealed envelope or package with the following information conspicuously and legibly written or typed on the outside: Offeror s name; Offeror s complete mailing address; Name and contact information for Offeror s contact person (e.g., telephone, email and facsimile); and The following statement (to be completed upon delivery to VA): Response Received by VA as of _____________(time) on _____________ (date) Response Content Each response must contain the following sections in the following order, with each section clearly labeled, beginning on a new page and not exceeding the applicable section page limit. Note: Resumes count towards the page limit. Section # Section Name and Subsections (Note: Separate sections and subsections with tabs in hard copy) Page Limit NA Cover Letter (including Background and Administrative Information) 5 pages 1 Development Plan Tab 1A: Development Team Composition and Structure Tab 1B: Development Concept Tab 1C: Direct and/or Indirect Veteran Benefits Provided by Project Tab 1D Development Financing Plan Tab 1E: Development Timeline Tab 1F: Proposed Veteran Hiring and Community Relations Strategies for Project Development 10 pages 2 Operations Plan Tab 2A: Operations Team Composition and Structure Tab 2B: Operations Financing Plan Tab 2C: Operations Management Approach (Property Management and Childcare) Tab 2D: Proposed Veteran Hiring and Community Relations Strategies for Project Operations 10 pages 3 Development Team Qualifications, Experience, and Past Performance Tab 3A: Development Qualifications and Experience Tab 3B: Development Past Performance Tab 3C: Development Team Key Personnel Qualifications Tab 3D: Veteran Hiring and Community Relations Experience 20 pages 4 Property Management and Childcare Team Qualifications, Experience, and Past Performance Tab 4A: Property Management and Childcare Team Qualifications and Experience Tab 4B: Property Management and Childcare Team Past Performance Tab 4C: Property Management and Childcare Team Key Personnel Qualifications 20 pages 5 Financial Wherewithal and Experience Securing Financing Tab 5A: Financial Wherewithal Tab 5B: Experience Securing Financing 15 pages (excludes financial statements) Appendix A Financial Statements and Auditor s Opinion Letter No limit Appendix B Explanation of any legal issues (if any) No limit Pages submitted that are in excess of any page limit (including a section page limit) will, at VA s sole discretion, be discarded and not reviewed or evaluated by VA. Supporting data, such as explanations of any legal issues, and auditor s opinion letter, will not count against the page limits. Responses must be typewritten in Arial 11-point font size or greater. For purposes of the response, a key team member should be considered any member that will be responsible for approximately 20% or more of the services or fees under this proposed EUL. Cover Letter with Background and Administrative Information A cover letter (on the Offeror s letterhead) must state that the Offeror has read and agrees to comply with all the terms, conditions, and instructions provided in this RFQ. Any requests for waivers or exceptions must be clearly identified in the cover letter and shall be subject to VA s review and approval. The cover letter must also contain the following general information about the Offeror and the Offeror s Team (if applicable). (Note: In the case of an Offeror that is a special purpose entity, include information on each partner, member, or shareholder of the Offeror.) Administrative Information: Company/Organization name; Employer/Tax Identification Number; Dunn and Bradstreet (DUNS) number; proof of VetBiz verification (if a service-disabled Veteran-owned small business or Veteran-owned small business); mailing address; main telephone number; and main facsimile number. Authorized Representative: Name and contact information (mailing address; telephone number; e-mail address; and facsimile number) of the representative authorized to act on behalf of the Offeror. Day-to-Day Point of Contact: Name and contact information (mailing address; telephone number; e-mail address; and facsimile number) of the individual designated by the Offeror as the person to whom questions and/or requests for information are to be directed. Form of Business: Description of the Offeror s form of business (whether a for-profit corporation, a nonprofit or charitable institution, a partnership, a limited liability company, a business association or a joint venture), state of incorporation, and a brief history of the organization and its principals: Articles of incorporation, partnership, joint venture, or limited liability company agreement (Note: For any Offeror or Team member, as applicable, that is a sole proprietorship, provide current mailing address and a summary of current business activity); Current certificate of good standing; By-laws; Copy of corporate resolutions, certified by a corporate officer, authorizing the Offeror s submission of, or Team member s participation with the Offeror in the submission of, the response and the entity s authority to proceed with the Project (assuming an RFQ award is made, and VA s approval is obtained); and List of principals. Legal Requirements State whether the Offeror or any Offeror s Team member, as applicable, has ever been terminated for default, non-compliance, or non-performance on a contract or lease, or debarred from any Federal, State, or local government contracts and, if so, provide the date and a detailed description of the occurrence in an appendix (Note: this additional detail does not count against page limits); and List each instance within the past ten (10) years and explain in sufficient detail in an appendix as necessary (detail does not count against page limits) in which the Offeror, or any Offeror s Team member, or any principal, partner, director, or officer of such entities was: Convicted of or pleaded guilty or nolo contendre to a crime (other than a traffic offense); Subject to an order, judgment, or decree (including as a result of a settlement), whether by a court, an administrative agency, or other governmental body, or an arbitral or other alternative dispute resolution tribunal, in any civil proceeding or action in which fraud, gross negligence, willful misconduct, misrepresentation, deceit, dishonesty, breach of any fiduciary duty, embezzlement, looting, conflict of interest, or any similar misdeed was alleged (regardless of whether any wrongdoing was admitted or proven); Subject to an action or other proceeding, whether before a court, an administrative agency, governmental body, or an arbitral or other alternative dispute resolution tribunal, which, if decided in a manner adverse to the Offeror, Team member, principal, partner, director, or officer (as applicable), would reasonably be expected to adversely affect the ability of the Offeror or Team member to perform its obligations with respect to the Project (including the ability to obtain or repay financing); Debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal, State, or local department or agency; Notified that it is in default of any Federal, State, or local contract or grant if yes, provide the reason for the default and whether the default was cured; Terminated for cause or default on one or more public transactions (Federal, State, or local); and Party to litigation or a formal Alternative Dispute Resolution (ADR) process (e.g., binding arbitration) involving a claim in excess of $50,000. For those matters involving a claim equal to or in excess of $500,000, describe in detail the litigation or ADR process. Section 1: Development Plan In this section, the Offeror should include all relevant information necessary to allow VA to assess the Offeror s overall Development Plan. Specifically, this section must include the following: Tab 1A: Development Team Composition and Structure Provide brief descriptions of Offeror entity and the Offeror s Development Team members (i.e., organizational purposes or missions, services provided, etc.), including key roles and responsibilities. The Offeror should describe past experience working with the Offeror s Team members. Provide an organizational chart showing the relationship between the Offeror and the Offeror s Team members, as appropriate, along with their roles and responsibilities. Explain the Offeror s approach to managing the Team, including prior experience engaging and overseeing the work of multiple Team members and subcontractors. Tab 1B: Development Concept Provide a brief description of the Development Concept to include conceptual site layout showing parking, Childcare Center and outdoor amenities and other services (if applicable), etc. Include a narrative describing the proposed construction methods associated with the project. Provide a summary of the Offeror Team s understanding of VA s development objectives (see RFQ Section 2.3.8). Identify potential risks and challenges associated with the Project and related mitigation strategies. Tab 1C: Direct and/or Indirect Veteran Benefits Provided by Project Identify how the proposed development will enhance the use of the leased property by directly or indirectly benefitting Veterans as authorized by 38 U.S. Code §8162(a)(2)(A)(ii)(I-II). Tab 1D: Development Financing Plan Provide a narrative that describes the Offeror Team s strategy to obtain development financing for this Project, including contingency plan(s) in the event one or more sources of funding are not available. The narrative should also explain key assumptions reflected in the Development Budget (Sources and Uses) to be provided in a working Microsoft Excel document (excluded from page count). The Development Budget must show estimated: (a) total development costs for the Project, including hard and soft costs; (b) financing costs, including types and amounts of debt and equity, and underlying amortization periods; (c) ownership structure, including percentage of ownership by the Offeror (or in the case of a special purpose entity, each Team member); and, (d) all capital funding sources, equity provided by the lessee, Federal, State and local government funding, grant proceeds, loan proceeds, etc.) used to finance the Project. Tab 1E: Development Timeline The Offeror s response must contain a timetable for the Project containing the following key dates: Project financing sources: Anticipated application, award, and closing dates for each project phase (as applicable). Design milestones: Completion dates for each project phase (as applicable). EUL Execution: EUL execution cannot occur until all financing commitments have been obtained, the Office of Management and Budget has completed its review of the EUL, and Congress has been provided 45-day notification of VA s intent to execute the EUL; Construction: Start and completion dates for each project phase (as applicable); and, Occupancy: Date the facility is open for operation for each project phase (as applicable). Tab 1F: Proposed Veteran Hiring and Community Relations Strategies for Project Development The Project will require a staff of qualified development professionals, administrators, and support staff. Describe the Offeror s outreach strategies to maximize participation of Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), Veteran-Owned Small Businesses (VOSBs), local small businesses, and other small businesses, in all aspects of the development process. Provide a summary of the Offeror Team s plan to increase employment opportunities (to also include internships) for Veterans associated with this Project. Explain the Offeror Team s experience and customized approach to managing community relations and interacting with State and local government officials (i.e., zoning, environmental, State Historic Preservation Office (SHPO), local community, stakeholders, etc.) in developing similar projects. Describe any experience in managing relations with the surrounding community. Section 2: Operations Plan In this section, the Offeror should include all relevant information necessary to allow VA to assess the Offeror s overall Operations Plan. The daily operations of the Childcare Center shall be consistent with all local, State of Maine and Federal childcare requirements. Specifically, this section must include the following: Tab 2A: Operations Team Composition and Structure Provide brief descriptions of Offeror entity and the Offeror s Operations Team members (i.e., organizational purposes or missions, services provided, etc.), including key roles and responsibilities. The Offeror should describe past experience working with the Offeror s Team members. Provide an organizational chart for project operations showing the relationship between the Offeror and the Offeror s Operations Team members, as appropriate, along with their roles and responsibilities. Explain the Offeror s approach to managing the Operations Team, including prior experience engaging and overseeing the work of multiple Team members and subcontractors. Tab 2B: Operations Financing Plan Provide a narrative that describes the Offeror Team s strategy to obtain operating revenues for this Project, including contingency plan(s) in the event one or more sources of revenue are not received / available. The narrative should also explain key assumptions reflected in the Annual Operating Budget to be provided in a working Microsoft Excel document (excluded from page count). List all estimated annual revenues for the Project, including expected fees, payments, and rates associated with the Childcare Center. In addition, list all expected annual operating expenses associated with the Project. Provide a 30-year cash flow projection in a working Microsoft Excel document (excluded from page count). Tab 2C: Operations Management Approach (Property Management and Childcare) Describe the Offeror Team s approach to operation, management, security, and maintenance of the Project in accordance with private sector standards. Provide a staffing plan (number of FTEs and type) for the ongoing operation of the Project. The response shall contain the physical and electronic security measures that will be provided based upon the individual space and security requirements of Childcare Centers in accordance with applicable local, State and Federal requirements. Include proposed approach for management and operations within the property management, subcontractors, and childcare services. Tab 2D: Proposed Veteran Hiring and Community Relations Strategies for Project Operations The Project will require a staff of qualified property management and childcare professionals, administrators, and support staff. Describe the Offeror s outreach strategies to maximize participation of Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), Veteran-Owned Small Businesses (VOSBs), local small businesses, and other small businesses, in all aspects of the property management and childcare delivery processes. Provide a summary of the Offeror Team s plan to increase employment opportunities (to also include internships) for Veterans associated with this Project. Explain the Offeror Team s experience and customized approach to managing community relations and interacting with State and local government officials (i.e., zoning, environmental, SHPO, local community, stakeholders, etc.) in operating similar projects. Describe any experience in managing relations with the surrounding community. Section 3: Development Team Qualifications, Experience, and Past Performance In this section, the response should include all relevant information necessary to allow VA to assess the Offeror Team s childcare development qualifications, experience, and past performance. Specifically, this section must include the following: Tab 3A: Development Team Qualifications and Experience List and explain in sufficient detail the Offeror Team s relevant childcare development qualifications and experience. Identify any past experience working with VA and Federal, State and local governments, if any. Tab 3B: Development Team Past Performance Describe three (3) similar projects (past or current) developed by the Offeror or one of its Team members that are comparable to the proposed Childcare Center to be developed. Each project described should have been completed within the past ten (10) years. For each project listed, the following information should be included: Project name Location Type of project / use Size of project (square footage, units, number of buildings, acreage, etc.) Amount, type, and sources of financing Historic buildings (if any) Description of the associated infrastructure Date of project completion Number of years involved with the development Role of the Offeror Team member(s) Contact information for a reference who VA can contact regarding performance and client or stakeholder (as applicable) satisfaction. Note: Including a reference on this list will constitute authorization for VA to contact and discuss the Offeror s or Team member s performance. Tab 3C: Development Team Key Personnel Qualifications Identify the Key Personnel who will lead the development tasks, as well as the day-to-day point of contact. For each Key Personnel named provide a: Description of their proposed role; Discussion of the extent to which key personnel have worked together on other similar projects; and, Resume that includes a description of the person s duties and responsibilities, education, years of relevant experience, certifications/licenses, skills, expertise, other relevant qualifications (Note: Resumes count against page limits). Tab 3D: Veteran Hiring and Community Relations Experience Describe any development experience implementing targeted Veteran hiring efforts and the results of those efforts. Explain the Offeror Team s experience managing community relations and interacting with State and local government officials (i.e., zoning, environmental, SHPO, local community, stakeholders, etc.). Describe any experience in managing relations with the surrounding community for comparable childcare center developments. Section 4: Property Management and Childcare Team Qualifications, Experience, and Past Performance In this section, the response should include all relevant information necessary to allow VA to assess the Offeror Team s property management and childcare center operations qualifications, experience, and past performance. Specifically, this section must include the following: Tab 4A: Property Management and Childcare Team Qualifications and Experience List and explain in sufficient detail the Offeror Team s relevant property management and childcare center staff qualifications and experience. The qualifications of the staff including Directors, Instructors, and other staff must be consistent with applicable local, State of Maine and Federal licensure and other requirements. Identify any past experience working with VA, Federal, State and local governments, if any. Tab 4B: Property Management and Childcare Team Past Performance Describe three (3) relevant property management efforts (past or current) (preferably childcare centers) operated by the Offeror or one of its Team members that are comparable to the subject project to be developed. Each project described should have been completed within the past ten (10) years. For each project listed, the following information should be included: Project name Location Type of project / use(s) Size of project (square footage, units, number of buildings, acreage, etc.) Amount, type, and sources of financing Historic buildings (if any) Description of the associated infrastructure Date of project completion Number of years involved with the development Role of the Offeror Team member(s) Contact information for a reference who VA can contact regarding performance and client or stakeholder (as applicable) satisfaction. Note: Including a reference on this list will constitute authorization for VA to contact and discuss the Offeror s or Team member s performance Tab 4C: Property Management and Childcare Team Key Personnel Identify the Key Personnel who will lead the Property Management and Childcare Center operations, as well as the day-to-day point of contact. For each Key Personnel named provide a: Description of their proposed role; Discussion of the extent to which key personnel have worked together on other similar projects; and, Resume that includes a description of the person s duties and responsibilities, education, years of relevant experience, certifications/licenses, skills, expertise, other relevant qualifications (Note: Resumes count against page limits). Section 5: Financial Wherewithal and Experience Securing Financing In this section, the response should include all relevant information necessary to allow VA to assess the Offeror Team s financial wherewithal and ability to secure financing for Childcare Center development projects. Specifically, this section must include the following: Tab 5A: Financial Wherewithal Provide a general overview of the Offeror Team s financial stability and evidence of their financial wherewithal to develop Childcare Centers. Please attach supporting documentation to include an auditor s opinion letter(s) and the Offeror and its Team members most recent audited financial statements. If audited financial statements are not available, please submit unaudited financial statements. (Note: Supportive documentation and financial statements do not count against the page limits.) Tab 5B: Experience Securing Financing Summarize the Offeror Team s experience directly securing financing for similar projects to the proposed project in the last 10 years. Provide brief descriptions of three (3) similar efforts for which the Offeror s Team has directly secured financing. For each example, include project information, including: Project name Location Description of project type / use(s) Total development cost Specific funding sources secured / received (development and revenue sources), and Role of the Offeror Team member(s). EVALUATION CRITERIA Initial Review Following the RFQ submission deadline, VA will initially review all submissions for completeness and adherence to the requirements and conditions set out in this RFQ. VA reserves the right to reject submissions that are incomplete or fail to adhere to the requirements set forth in this RFQ. Formal Presentations Complete and acceptable submissions will be further reviewed and evaluated by VA, ranked in order, and a competitive range established. Offerors whose submissions are found to be within the competitive range may be given the opportunity, at VA s sole discretion, to make a formal presentation to VA and receive questions regarding their response. If a presentation is required, notice will be provided to those Offerors asked to make a presentation and the details regarding that presentation (i.e., length of presentation, etc.) will be provided in the notice. Selection Process The Government intends to review all factors for award in making a selection. Selection will be based on an integrated assessment of the factors set forth in Section 5.5 below. Selection Timeline VA anticipates selection of a Developer by March, 2025. Evaluation Factors The responses will be evaluated based on the following five equally weighted factors. Where factors include subfactors, each subfactor will also be equally weighted. The evaluation factors are as follows: 5.5.1 Factor 1: Development Plan Factor 1 will consist of an assessment of the Offeror s Development team composition and structure, development concept, direct and/or indirect Veteran benefits, financing plan, timeline, and Veteran hiring and community relations for this Project. Factor 1 is comprised of the following six (6) equally weighted subfactors: Subfactor 1A: Development Team Composition and Structure VA will assess the Offeror Team s composition to assess capabilities and skillsets, including key roles and responsibilities. VA will also assess the extent to which the Offeror s Team has worked together previously on similar projects. The organizational chart will be reviewed to understand the relationships between the different Team members and establish whether clear lines of accountability are in place. Subfactor 1B: Development Concept VA will review the Offeror Team s Development Concept (including conceptual site layout and proposed construction methods) and understanding of VA s development objectives to assess how the Offeror Team proposes to effectively accomplish the Project. The response should demonstrate the Offeror Team s understanding of the Project, potential risks and challenges, proposed mitigation strategies, and the importance of close communication and collaboration with VA throughout the process. The response should also provide a strong understanding of all of the elements required for childcare center development and related services. Subfactor 1C: Direct and/or Indirect Veteran Benefits Provided by Project VA will assess if Offeror(s) development plans include a clear concept that provides direct and/or indirect benefits to Veterans under the EUL authority. The Offeror must provide an explanation of how the development would be consistent with statutory requirements. Subfactor 1D: Development Financing Plan A realistic and viable financing plan should be provided for the Project. VA will review the anticipated sources and uses for the Project s development to assess the Offeror Team s understanding of the Project and funding availability, including contingency plans. Subfactor 1E: Development Timeline VA will review the proposed Project timeline for completeness and inclusion of all required milestones. The Offeror Team should provide a realistic Project development timeline for VA s review. Subfactor 1F: Proposed Veteran Hiring and Community Relations Strategies for Project Development VA will assess the Offeror Team s community relations strategy for the Project s development and the extent of the Offeror Team s local knowledge and understanding. VA will also assess the extent to which the Offeror Team s prior experience and proposed outreach plan will maximize the participation of SDVOSBs, VOSBs, local small business, and other small businesses in all aspects of the development process. It is also important that the Offeror Team provide a clear and realistic plan to hire Veterans (and provide internships for Veterans) in association with development of this Project. 5.5.2 Factor 2: Operations Plan Factor 2 will consist of an assessment of the Offeror s Operations team composition and structure, operations financing plan, operations management approach, and Veteran hiring and community relations for this Project. Factor 2 is comprised of the following four (4) equally weighted subfactors: Subfactor 2A: Operations Team Composition and Structure VA will assess the Offeror Team s composition to assess capabilities and skillsets, including key roles and responsibilities. VA will also assess the extent to which the Offeror s Team has worked together previously on similar projects. The organizational chart will be reviewed to understand the relationships between the different Team members and establish whether clear lines of accountability are in place. Subfactor 2B: Operations Financing Plan A realistic and viable operations financing plan should be provided for the Project. VA will review the anticipated revenue sources and expenses for the Project to assess the Offeror Team s understanding of the Project and funding availability, including contingency plans. Subfactor 2C: Operations Management Approach (Property Management and Childcare) VA will evaluate the Offeror Team s approach to operation, property management, security, and maintenance of the Childcare Center in accordance with private sector standards and ensuring the long-term viability and security of the Project. The property management plan should be customized to the proposed product type. VA will assess the viability of the staffing plan for the proposed Childcare Center operations. The Subcontractor management approach should demonstrate the Offeror s ability to manage multiple entities across disparate fields and locations to achieve a common goal. Subfactor 2D: Proposed Veteran Hiring and Community Relations Strategies for Project Operations VA will assess the Offeror Team s community relations strategy for the Project operations and the extent of the Offeror Team s local knowledge and understanding. VA will also assess the extent to which the Offeror Team s prior experience and proposed outreach plan will maximize the participation of SDVOSBs, VOSBs, local small business, and other small businesses in all aspects of the operations process. It is also important that the Offeror Team provide a clear and realistic plan to hire Veterans (and provide internships for Veterans) in association with the Project operations. 5.5.3 Factor 3: Development Team Qualifications, Experience, and Past Performance The focus of Factor 3 is on the Offeror Team s development team qualifications, experience, and past performance. Factor 3 is comprised of the following four (4) equally weighted subfactors: Subfactor 3A: Development Team Qualifications and Experience VA will review the extent to which the Offeror s Team has demonstrated expertise and experience developing Childcare Centers, including experience working with Federal, State, and local government entities. Subfactor 3B: Development Team Past Performance VA will assess the extent to which the Offeror s Team has a proven track record of successfully developing Childcare Centers. The projects identified should be of similar size, and scope to what is being proposed for the EUL Site. The information provided for each of the projects will be reviewed for completeness and relevancy. Subfactor 3C: Development Team Key Personnel Qualifications VA will review the qualifications of the proposed Key Personnel to assess their ability to successfully complete the development. The Key Personnel roles should be clearly identified, along with each person s relevant experience, skills, expertise, and education. Subfactor 3D: Veteran Hiring and Community Relations Experience Offeror Teams will be evaluated on their experience and success in undertaking Veteran hiring efforts for similar development projects. VA also intends to evaluate the Offeror Team s experience with managing community relations for development projects. Offeror Teams should demonstrate local market knowledge and experience working with the stakeholder community on childcare center development projects. 5.5.4 Factor 4: Property Management and Childcare Team Qualifications, Experience, and Past Performance The focus of Factor 4 is on the Offeror Team s relevant property management team qualifications, experience, and past performance. Factor 4 is comprised of the following three (3) equally weighted subfactors: Subfactor 4A: Property Management and Childcare Team Qualifications and Experience VA will review the extent to which the Offeror Team has demonstrated expertise and experience managing and operating Childcare Centers and experience working with Federal, State, and local government in meeting all applicable requirements, including childcare center licensure requirements. VA will also consider the adequacy of safety and security measures implemented successfully at other similar projects. Subfactor 4B: Property Management and Childcare Team Past Performance VA will assess the extent to which the Offeror Team has a proven track record of successfully managing and operating Childcare Centers. The projects identified should be of similar size, scope, and complexity to the proposed project. The information provided for each of the projects will be reviewed for completeness and relevancy. Subfactor 4C: Property Management and Childcare Team Key Personnel VA will review the qualifications of the proposed Project operations key personnel to assess their ability to successfully manage the Project for the duration of the lease term in accordance with all childcare center licensure requirements. The Key Personnel roles should be clearly identified, along with each person s relevant experience, skills, expertise, and education. 5.5.5 Factor 5: Financial Wherewithal and Experience Securing Financing Factor 5 consists of an evaluation of the Offeror Team s financial wherewithal and experience securing financing for comparable projects. Factor 5 is comprised of two (2) equally weighted subfactors: Subfactor 5A: Financial Wherewithal VA will assess the financial wherewithal of the Offeror s Team to undertake their proposed development. VA will evaluate whether the response has provided sufficient evidence and documentation, as required by the RFQ, to demonstrate the financial wherewithal and current financial capacity to successfully execute a project of this size, scope and complexity. Subfactor 5B: Experience Securing Financing VA will review the Offeror Team s experience securing financing similar to funding needed for the proposed Childcare Center development. The Offeror s Team should demonstrate a proven track record of directly securing Childcare Center project financing. MISCELLANEOUS TERMS AND CONDITIONS APPLICABLE TO THIS RFQ Authorizations by Submission of Response Any and all information provided by an Offeror and its Team members may be used by VA to conduct credit and background checks. Teaming Arrangements and Special Purpose Entities Multiple Offerors may form a joint venture for the purpose of submitting a response to this RFQ. A special purpose entity may also be created for the purpose of submitting a response. VA may require that financial and performance guarantees be provided by these and other Offerors as well as Team members. Potential Offerors who do not have strong experience or skills in all the required areas (e.g., financial structuring, development, property management, childcare center operations, etc.) may consider submitting responses jointly with entities whose experience can complement their own. (Note: VA will not be involved in facilitating partnering or teaming arrangements.) Hold Harmless By participating in the RFQ process, each Offeror agrees to indemnify and hold harmless VA and the United States Government and each of their respective officers, employees, contractors, and advisors from and against any and all real estate and other brokerage fees or commissions, finder s fees, and other forms of compensation related in any way to activities undertaken by any person as a result of such person s efforts towards and/or participation in this RFQ process or the submission by such person of a response, and liabilities, losses, costs, and expenses (including reasonable attorney s fees and expenses) incurred by any indemnified party (including VA) as a result of, or in connection with, any claim asserted or arising as a result of, or in connection with, this RFQ process. INELIGIBILITY The following persons (including entities) are ineligible to be an Offeror or a Team member of an Offeror or otherwise participate in the Project (including as a contractor, subcontractor, or professional): (a) any person that has been debarred or suspended from doing business with VA; (b) neither such Person nor any of its partners, members, or principal stockholders is listed on any non-procurement or reciprocal lists on the most current System for Award Management published by the U.S. General Services Administration at www.sam.gov, as updated from time to time, or any replacement thereof; (c) neither such Person nor any of its partners, members, or principal stockholders is a person who poses a security or safety risk as determined by the Secretary of State, including but not limited to any person who either represents a country, or is a member of or provides political, financial or military support to a group, that is listed in the most current Patterns of Global Terrorism report, issued by the Secretary of State in compliance with 22 U.S.C. § 2656f(a), available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 and also available at http://www.state.gov/global/terrorism/annual_reports.html; and (d) neither such Person nor any of its partners, members or principal stockholders is subject to a criminal indictment or information for a felony in any court in the United States; (e) neither such Person nor any of its partners, members or principal stockholders does not have, has lost or is not up to date with the required Childcare licensure requirements within the State of Maine. For purposes of this Solicitation, the term principal stockholder shall mean any person who is a beneficial owner (as defined for purposes of Rule 13d-3 of the Securities and Exchange Act of 1934, as amended and promulgated by the Securities and Exchange Commission) of ten percent (10%) or more of the outstanding stock or other equity of the Offeror. ADDITIONAL INFORMATION All of the information required to be provided in each response to this RFQ is important to VA s analysis and evaluation of each response. VA may utilize outside sources in addition to all of the information provided in a response in evaluating each Offeror s submission. Neither VA nor any of its contractors, subcontractors, officers, employees, counsel, advisors, or agents, make any representation or warranty, whether express, implied, or created by operation of law, as to the accuracy or completeness of this RFQ or any of its contents or materials referred to therein, and no legal liability with respect thereto is assumed or may be implied. VA reserves the right to: (a) make a selection under this RFQ as a result of initial offers submitted; and (b) reject any or all Offers at any time prior to award and cancel this Solicitation. Therefore, all initial offers should comprehensively address each of the requirements set forth herein and contain the Offeror s best terms. By submitting a response, each Offeror accepts all the terms and conditions set forth in this RFQ, and any updates, supplements, and amendments thereto. Any conflict (whether actual or perceived) between different parts of this RFQ, as between an Offeror and VA, shall be resolved at the sole and absolute discretion of VA. In no event shall VA be liable for any fees, costs, or expenses associated with any of the Offeror s (or their brokers, if any) activities (e.g., preparation, discussions, clarifications, submissions, or negotiations), relating directly or indirectly to this Solicitation. Accordingly, as a condition of submitting its response, each Offeror hereby agrees to indemnify and hold VA harmless for any and all such fees, claims, liabilities, and costs arising in connection with this RFQ and its underlying process. Any relationship between VA and an Offeror arising from the Solicitation is subject to the specific limitations, terms, conditions, and representations expressed in this RFQ. Any substantive questions or concerns to include conflicts, apparent conflicts, or any other substantive matters regarding this RFQ which may arise during preparation of an Offeror s response should be addressed, in writing, to: Richelle.Wagner@va.gov .
