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VA ENHANCED-USE LEASE (EUL) PROGRAM REQUEST FOR EXPRESSIONS OF INTEREST IN PACT ACT DEVELOPMENT OPPORTUNITIES Notice This advertisement is a notice of potential opportunities and a Request for Express... VA ENHANCED-USE LEASE (EUL) PROGRAM REQUEST FOR EXPRESSIONS OF INTEREST IN PACT ACT DEVELOPMENT OPPORTUNITIES Notice This advertisement is a notice of potential opportunities and a Request for Expressions of Interest (the REI or advertisement ) in different types of real estate projects that could be undertaken on U.S. Department of Veterans Affairs (VA) campuses nationwide under VA s Enhanced-Use Lease (EUL) authority. This REI is not a solicitation for offers, nor is it a request for proposals. Respondents are advised that the Government assumes no responsibility to award an EUL based upon responses to this advertisement. This advertisement is for information and planning purposes only, and is not intended to pre-qualify or disqualify any potential respondents. The purpose of this REI is to conduct market research to gather ideas for future EUL opportunities benefitting Veterans. The information gained from this REI will be used to assist the Government in determining the types of EUL opportunities that will be pursued on various VA campuses nationwide. The Government will use this information to inform future acquisition strategies for future EUL procurements. This REI does not identify any available land or buildings for redevelopment. Based on the results of this REI, future solicitations will contain asset-specific information on potential EUL opportunities. The Government requests that interested parties respond to this Notice with the specific information requested in Section IV of this Notice. All business types, including Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and Veteran-Owned Small Businesses (VOSBs) are encouraged to participate in this market research. Entities responding to this market research should be aware that participation in this survey may not ensure that they qualify for any underlying future solicitation or contract award. Additionally, responding to this REI Notice is NOT a prerequisite to respond to any future subsequent solicitations. The government will not reimburse participants for any expenses associated with their participation in this REI. The Government cannot provide any warranty, expressed or implied, as to the accuracy, reliability or completeness of the information contained in this Notice. Overview of REI VA, under its EUL authority (38 U.S.C. §§ 8161- 8169, as amended), is seeking expressions of interest from entities qualified to develop new projects that directly or indirectly benefitting Veterans on VA campuses nationwide. VA s EUL authority allows VA to outlease land and improvements to selected developers (i.e., lessees). Under VA s EUL Program, developers are responsible for undertaking all necessary due diligence / investigation activities, securing non-VA financing for construction and operations, renovating and/or constructing improvements, and then operating and maintaining the improvements for the duration of the lease term. Given the recent changes to VA s EUL authority (see Section III of this Notice), EUL developers may now undertake additional types of real estate projects, provided the project directly or indirectly benefits Veterans. Examples of such projects may include, but are not limited to skilled nursing facilities, assisted living, technical job training centers, research facilities, mixed-use, among other uses. Any new real estate projects that do not provide direct or indirect benefits to Veterans are prohibited. Project types such as commercial hotels or warehouses are unlikely to meet the statutory requirements. Additional information on the VA s EUL program may be obtained at: http://www.va.gov/assetmanagement/, including previous EUL project profiles. Background: PACT Act Changes to VA s EUL Program On August 10, 2022, Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) became law. Sec. 705 of the PACT Act, Modifications to Enhanced-Use Lease Authority of Department of Veterans Affairs, broadens VA s EUL authority in several ways and provides VA with funding for entering into EULs. Key PACT Act modifications to VA s EUL authority include the following: Expands Permissible EUL Uses: VA may now enter into EULs that provide supportive housing OR enhance the use of the leased property by directly or indirectly benefitting Veterans. Previously, VA was permitted to enter into EULs for supportive housing only. Extends Maximum EUL Term: VA EULs are now permitted to be up to 99 years in duration. Previously, VA EULs could not extend beyond 75 years (except for EULs at the West Los Angeles VA Medical Center campus, via the West Los Angeles Campus Improvement Act of 2021). Repeals Sunset Clause: There is no longer an expiration date on VA s EUL authority. REI Objectives and Key Considerations Given these recent changes to VA s EUL authority, this Notice seeks ideas from the development community regarding what types of uses could be financially feasible under an EUL structure. VA is in the process of identifying underutilized land and buildings within VA s real property inventory that could be repurposed under the EUL program and the input received in response to this Notice will inform VA s next steps. REI respondents should consider the following as they formulate responses to this Note: Lease-back by VA or other Federal government entities is not permissible, and financing cannot reflect a lease-back arrangement. The PACT Act does not nullify 38 U.S.C. § 8162(b)(5), which states, "The terms of an enhanced-use lease 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 the Secretary or Federal Government. VA may only receive cash consideration for ground lease rent in an EUL (per 38 U.S.C. § 8162(b)(3)(B)). This means VA cannot receive any in-kind consideration or free/discounted services as part of a new EUL agreement. However, projects may provide free or discounted services to individual Veterans or Veteran Service Organizations. For project types other than supportive housing, the project must provide documented direct or indirect benefits to Veterans. REI Response Requirements VA is seeking input from qualified developers with a proven company track record of: Developing real estate projects; Financial wherewithal required to successfully develop new real estate projects and/or redevelop historic assets with associated infrastructure and amenities; and, Securing public and private financing for certain real estate product types / uses. Responses should be submitted on official letterhead, must include a point of contact and the signature of at least one organization officer. Responses must address the following elements in sufficient detail to highlight the respondent s ability to undertake the type of projects described in their responses to the following questions. Responses must not exceed 5 pages, single-spaced with a minimum 12-point font. Response content should consist of the following: Business Information Please provide the following for your company: Company Name Address Point of Contact Phone Number E-mail Address Web Page URL Based on the NAICS Code identified in this REI advertisement, please state whether your company is: Veteran Owned Small Business (Yes / No) Service-Disabled Veteran-Owned Small Business (Yes / No) Small Business (Yes / No) Woman Owned Small Business (Yes / No) Small Disadvantaged Business (Yes / No) 8(a) Certified (Yes / No) HUBZone Certified (Yes / No) Qualifications Corporate/Organization Overview: Provide overview of respondent s organization; indicate type of organization (for-profit, non-profit, etc.) and core business activities; specify age of organization; identify leadership. Real Estate Development Experience: Summarize the respondent s real estate development experience, including product types developed (e.g., housing, mixed-use, office, parking, healthcare, etc.), infrastructure experience, number of years of experience, role of entity in development, etc. Real Estate Financing Experience: Summarize the respondent s experience directly securing financing for real estate developments in the last 10 years. Ideas for PACT Act EUL Development Opportunities Given the recent changes to VA s EUL authority (see Section III of this Notice), what types of real estate projects (e.g., skilled nursing facilities, assisted living, technical job training centers, research facilities, mixed-use, other) could you foresee developing on underutilized VA property under an EUL in the future? For each project type referenced in your response to Part 3.A., please indicate: Are there any VA campuses / sites that you are particularly interested in for development of this project type? If yes, please specify campus(es) and asset(s) if possible. For product types other than supportive housing, what direct or indirect benefits would this project type provide to Veterans? What sources of non-VA financing exist for renovating / constructing this project type? What sources of non-VA revenue exist for this project type? What concerns (if any) do you have about developing this project type under an EUL? Is there anything VA could do to enhance the viability of this project type? List any specific recommendations that VA should consider for possible inclusion in any future EUL Requests for Qualifications. Questions Regarding REI Notice Any and all questions regarding the contents of this Notice should be submitted via email to EUL.Team.Management@va.gov. Deadline to Submit REI Responses Please send your response as an email attachment (PDF) to EUL.Team.Management@va.gov by 5:00pm ET on Friday, May 26th, 2023.