Inactive

SOW.Rev1 02.02.2016 Page 2 of 3 Department of Veterans Affairs Central Arkansas Veterans Healthcare System 4300 S. 7th Street Little Rock, AR 72205 SCOPE OF WORK EXPERT DELAY CLAIMS ANALYSIS SERVICES ... SOW.Rev1 02.02.2016 Page 2 of 3 Department of Veterans Affairs Central Arkansas Veterans Healthcare System 4300 S. 7th Street Little Rock, AR 72205 SCOPE OF WORK EXPERT DELAY CLAIMS ANALYSIS SERVICES GENERAL The period of performance shall not exceed 360 days from date of award. The primary purpose of this SOW is for the retention of subject matter expert delay claims analysis services for the Department of Veterans Affairs (VA) pending litigation and mediation currently before the Civilian Board of Contract Appeals (CBCA), BES Design/Build, LLC .v. Department of Veterans Affairs, CBCA 6561. Any and all work to be performed shall be on behalf of the Central Arkansas Veterans Healthcare System through its Counsel and it is intended that legal privilege shall attach to all expert communications and work product. A non-disclosure memo is required for all contractor staff assigned to this service contract. This is a project to provide professional delay claims analysis and other services in support of the litigation related to CBCA 6561; as well as Requests for Equitable Adjustment related to the Consolidation of Admin, Outpatient Surgery and Rehab Spaces, project 598-16-101 at the John L. McClellan VAMC. Delay claims analysis services are to provide all reports, clarifications, estimates, rebuttals, meeting attendance, investigations, clerical tracking, and overall engineering verbal and written expertise regarding the subject project allocations, and in accordance with this SOW. All comments, considerations, and delay claims analysis services provided shall conform to the VA specifications and Contract terms and conditions. The Government Contracting Officer Representative (COR) for this project will be assigned upon award of this contract. All visits, on-site or virtual, and work shall be coordinated through the representative. Any professional or third-party input provided in the course of these services that may conflict with the given contract, specifications, standards shall be clarified and/or resolved by the Contracting Officer Representative (COR) or through VA Counsel. The contracted firm shall be responsible for tracking and managing hours and site visits. Hours expended shall be reported to the COR and VA Counsel via e-mail on a weekly basis. INVESTIGATION & ANALYSIS Specifically, the Government requires the Contractor s expertise in determining the following: (1) Is the Contactor s alleged delay claim(s) legitimate and supported by the evidence presented by the appellant? (2) What is the potential liability attributable to the Government, Contractor, and Surety, if any? (3) The value of any Government overpayment, if applicable. The contracted firm shall perform all necessary investigative work to facilitate a clarification, response, or dissertation needed by VA during the on-going defense of these matters. The contracted firm shall perform all background drawing, material, code, and reference review required to provide all services as outlined. The contracted firm must be an expert in Eichleay damages analysis. The contracted firm will be expected to negotiate in good faith with Appellant s claims experts in order to reach a clear understanding of or consensus on the issues. If required, the contracted firm shall perform all necessary on-site visits to perform investigative services as outlined. The Contractor shall provide a final report of its findings to VA Counsel within 45 days after the report is ordered. (The report will be ordered after Contractor has verbally presented its preliminary findings to VA and VA Counsel.) Preliminary findings are due 30 days after VA provides the Contractor with a notice to proceed. MEETINGS & HEARING The contracted firm shall attend the mediation which is anticipated to occur in the spring 2016. The contracted firm shall attend all planning strategy meetings with VA. The contracted firm shall perform all necessary meeting trips. All expenses for trips shall be in accordance with federal travel regulations and approved in advance by the contracting officer. The contracted firm shall gather and provide all documentation needed to attend meetings and respond to issues. The contracted firm shall engage in discussions with Appellant s experts to attempt to reach common ground on the factual issues involved in the claims. The contracted firm shall manage all meeting questions relevant to consulting services by tracking all questions and responses numerically and dated in an electronic document for VA review. All responses and clarifications shall be provided within five (5) working days. The COR or VA Counsel may approve longer response times upon request. DOCUMENTS/DELIVERABLES All communications, including documents and emails must be addressed to Mary Mitchell, Esq., Office of General Counsel Department of Veterans Affairs, 6900 Almeda Road, Houston, TX. Mary.Mitchell6@va.gov with a courtesy sent to Bradley Martin, Contracting Officer, Department of Veterans Affairs NCO 16, 2200 Fort Roots Drive, Bldg. 41, Room 200, North Little Rock, AR 72114 Bradley.Martin@va.gov All communications must be marked as confidential and privileged. Emails shall have this notation in the subject line. The Contractor shall provide a report of its findings to VA Counsel as detailed above in 2.1. All expended hours must be accounted for and presented via email to the COR and to VA Counsel upon completion. Daily supporting logs must be provided weekly to capture any site visit information and support expended hours. Pictures must be numbered sequentially if provided in a report or referenced cited per site visit. General pictures may be dated and provided on DVD or CD. Be advised that photos and video activities on a VA campus must be approved, in advance, by the VA due to patient privacy concerns. Background or supporting documents must be numbered sequentially if provided in a report or referenced in a written response. All questions, inquiries, and responses relevant to the consulting services must be numbered sequentially and tracked electronically. Notes Travel must be quoted according to acceptable Federal Government Per Diem rates. These rates can be found by city and state at http://www.gsa.gov/portal/content/104877. The awarded contract is a labor hour contract with standard Federal Government Terms and Conditions that are in accordance the Federal Acquisition Regulation. All documents and materials provided to the contractor are Government property and shall be returned to the Government upon completion of the civil matter.