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Department of Veterans Affairs RFQ NO. 36C77623Q0348 DRAFT TEMPLATE 2 U.S. DEPARTMENT OF VETERANS AFFAIRS REQUEST FOR QUALIFICATIONS (RFQ) No. 36C77623Q0348 VA Maine Healthcare System ENHANCED-USE LEA... Department of Veterans Affairs RFQ NO. 36C77623Q0348 DRAFT TEMPLATE 2 U.S. DEPARTMENT OF VETERANS AFFAIRS REQUEST FOR QUALIFICATIONS (RFQ) No. 36C77623Q0348 VA Maine Healthcare System ENHANCED-USE LEASE DEVELOPMENT PROJECT Togus, Maine [May 3, 2023] DATE AND TIME RESPONSES DUE: August 4, 2023, 5:00 PM ET RFQ QUESTIONS DUE: June 16, 2023, 5:00 PM ET SITE VISIT SCHEDULE: SEE ATTACHMENT [D] 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 or to finance, design, develop, renovate, construct, operate, and maintain an Assisted Living Housing Facility on a portion of the United States Department of Veterans Affairs (VA) campus named in RFQ Attachments B and C. Neither the 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 1.3 RFQ Terms and Condition Acceptance 1 2. PROPOSED DEVELOPMENT OF EUL SITE 2 2.1 Overview of RFQ Structure 2 2.2 Location and Description of EUL Site 2 2.3 Development Considerations 2 2.2.1 National Historic Preservation Act 2 2.2.2 National Environmental Policy Act and Other Environmental Considerations 2 2.2.3 Infrastructure 3 2.2.4 Legal Considerations 3 2.2.5 Prevailing Wages 4 2.2.6 Handicap Accessibility 4 2.2.7 EUL Statutory Requirements 4 2.2.9 Other Considerations 6 3. POST-SELECTION 8 4. CONTENTS AND PROCESS FOR SUBMISSION OF RESPONSES 9 4.1 Submission of Responses 9 4.1.1 Time and Date of Submission 9 4.1.2 Place and Manner of Submission 9 4.2 Changes to Offeror Team Composition Post-Selection 10 4.3 Response Content 10 Cover Letter with Background and Administrative Information 11 Section 1: Development and Operations Concept 13 Section 2: Development Team Qualifications, Experience, and Past Performance 15 Section 3: Property Management and Supportive Services Qualifications, Experience, and Past Performance 17 5. EVALUATION CRITERIA 19 5.1 Initial Review 19 5.2 Formal Presentations 19 5.3 Selection Process 19 5.4 Selection Timeline 19 5.5 Evaluation Factors 19 Factor 1: Development and Operations Concept 19 Factor 2: Development Team Qualifications, Experience, and Past Performance 20 Factor 3: Property Management and Supportive Services Qualifications, Experience, and Past Performance 21 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 24 8. ADDITIONAL INFORMATION 25 ATTACHMENT A EUL STATUTE 26 ATTACHMENT B EUL SITE MAP 33 ATTACHMENT C EUL SITE INFORMATION 34 ATTACHMENT [D] INFORMATION ON SITE TOURS 36 ATTACHMENT [E] POST-SELECTION PROJECT PLANS 37 INTRODUCTION The United States Department of Veterans Affairs (VA), under its Enhanced-Use Lease (EUL) authority (38 U.S.C. §§ 8161 to 8169), is pleased to issue this Request for Qualifications (RFQ), seeking competitive responses from qualified organizations (Offerors) to redevelop into supportive housing the property, described in Attachments B and C, at the VA Maine HealthCare System-Togus, referred to throughout this RFQ as the EUL Site . Supportive Housing Definition Supportive housing, as defined by VA s EUL statute (see RFQ Attachment A), means housing that engages tenants in on-site and community-based support services for Veterans or their families that are at risk of homelessness or are homeless. Such term may include the following: Transitional Housing Single-room occupancy Permanent housing Congregate living housing Independent living housing Assisted living housing Other modalities of housing Assisted Living Facility Definition Assisted Living , is a facility designed for residents who have the physical ability to live independently but need assistance with some activities of daily living such as personal care, transportation, meals, laundry, medication monitoring, security and housekeeping. A person residing in an assisted living unit must not require continual medical or nursing care. RFQ Terms and Condition Acceptance By submitting a response, each Offeror accepts all the terms and conditions set forth in this RFQ, and its Attachments. Any conflict (whether actual or perceived) between any resulting agreements, this RFQ, or provision therein shall be resolved at and in accordance with VA s sole and absolute discretion, notwithstanding any provisions of the Disclaimer indicating otherwise, which is included and made part of this RFQ, and any other document. 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 EUL SITE Overview of RFQ Structure Through this RFQ, VA is presenting an opportunity for redevelopment. Offerors may submit a single response to this RFQ to develop the EUL Site referenced in RFQ Attachments B and C. See Sections 4 and 5 of this RFQ for required response content and evaluation criteria. Location and Description of EUL Site The intent of this RFQ is to outline the requirements for selection of an Offeror to create a safe, affordable assisted living housing community f that benefit Veterans (directly or indirectly) or homeless and at-risk Veterans and their families; located at 1 VA Center, Augusta, Maine; within the VA Maine Healthcare System. RFQ Attachment B contains a map of the EUL Site and Attachment C contains additional information regarding the location, background information, and description of the subject EUL Site. RFQ Attachment D includes directions on how to participate in the in-person tours of the EUL Site. Development Considerations In deciding whether to submit a response to develop the EUL Site, Offerors should consider certain factors. National Historic Preservation Act Prior to entering into an EUL with VA, the selected 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 Historic Register and provides representatives of the state and local governments, tribes, and other interested consulting parties sufficient opportunity to comment on the development plans prior to execution of the EUL. Section 106 of the NHPA also requires the seeking of ways to avoid, minimize, or mitigate adverse effects (e.g., demolition) that the development plans might have on any historic properties during the execution stage of the EUL. Completion of this effort will be accomplished by VA. VA will act in concert with the selected Offeror when necessary in the accomplishment of historical compliance. For guidelines related to historic preservation requirements, visit https://www.achp.gov/protecting-historic-properties or http://www.cfm.va.gov/historic/. National Environmental Policy Act and Other Environmental Considerations The EUL and the 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 selected 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. The selected Offeror will be responsible for complying with mitigation requirements of the NEPA analysis, if required. The selected Offeror shall comply with all applicable environmental laws and will be responsible for any required cleanup/remediation activities. Additionally, the selected Offeror will be responsible for any necessary environmental studies, reports, site assessments, seismic, etc. that are needed to meet the selected Offeror s obligations. Lastly, the selected Offeror will be responsible for complying with any regulatory requirements for the abatement and removal of any asbestos and/or lead-containing material. Infrastructure Any available information about infrastructure at the EUL Site is included in RFQ Attachment C. It is the responsibility of the selected Offeror to pay utility providers for all utilities through separate metering. It is the responsibility of the selected Offeror to bring in the necessary utility lines (water, sewer, gas, fiber optics, communication, cable, etc.) to operate the EUL. VA is not obligated to provide selected Offeror access to VA-owned utilities or resources. Legal Considerations Overview Offerors are responsible for conducting their 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 and economically feasible. Property is under concurrent jurisdiction. Prior to the execution of the lease agreement, the selected Offeror will need to have written agreements (e.g., Memorandum of Understanding regarding fire, police, and emergency services) in place including VA concurrence of these agreements. Taxes In accordance with the pertinent provisions of the EUL Statute (i.e., 38 U.S.C. § 8167), the selected 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 leasehold interest, and the 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 The selected Offeror is responsible for providing security at the EUL Site and establishing a security plan that includes standard operating procedures during emergencies. As described further in Section 4 of the RFQ, Offerors 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 tenant mix of the proposed EUL. It should be noted that it is the requirement of the selected Offeror to secure the EUL Site, 24 hours per day, seven days per week (24/7). 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. Offerors 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. Prevailing Wages Unless the selected 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 selected Offeror or the project are exempt therefrom, the selected 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 selected Offeror will be required to ensure that its development, financing, construction, management, and maintenance activities on the EUL 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 and as amended. VA s Goals and Objectives VA has the following goals and objectives for the project: Providing services that benefit Veterans (directly or indirectly) and/or creating permanent supportive housing for Seniors 55+ with a combination of assisted living; for the homeless and/or at-risk of homeless Veterans or families. Providing ancillary services (e.g., dialysis service providers, Mammography, complimentary/holistic services, dementia, and Alzheimer s units/services; office space; etc.) that benefit Veterans (directly or indirectly) Provide a residential environment that offers supportive services to in Veterans 55+ years of age or older or families who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life such as meal preparation and housekeeping. Ensure Veteran priority placement in any housing type (permanent housing 55+ or assisted living) on the EUL Site. Provide Veterans 55+ and their families with residential rental discounted rate; in the case market housing units are available. If market rates are a part of the housing concept; provide Veterans and their families with discounted rates pertaining to rental, personal care, and community-based services. Provides separate dwelling units for residents, each of which may contain a full kitchen and bathroom, and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility. Housing units which will provide a continuum of care and allow the residents to age in place. Avoid ongoing operating costs associated with the upkeep of vacant and/or underutilized assets. Experienced in providing supportive services as well as community-based services to include following for assisted living residents: carrying out activities of daily living, such as bathing, dressing, eating, getting in and out of bed or chairs, walking, going outdoors, using the toilet, laundry, home management, preparing meals, shopping for personal items, obtaining and taking medication, managing money, using the telephone, or performing light or heavy housework, physical/social/emotional activities aimed at fostering and enhancing residents sense of identity through cultural, social, and emotional well-being activities, as well as fostering a sense of community and which may make available to residents home health care services, such as nursing and therapy. Provide supportive housing and on-site supportive/resident services. The supportive services component refers to a customized, comprehensive package of support that helps tenants sustain housing stability and meet life goals. These services, tailored to the needs of the given tenant population, may be provided by the project s designated primary supportive services provider and/or by collaborating organizations. The primary supportive services provider ensures that tenants can access needed services on an ongoing basis. Note: Supportive services available in permanent supportive housing projects typically include, at minimum, assistance accessing case management services, medical services, mental health services, substance abuse treatment services, peer support, education, vocational and employment services, money management services, life skills training, and advocacy. Note: If the project intends to utilize Housing and Urban Development-VA Supporting Housing (HUD-VASH) vouchers, Offerors should assume that VA will deliver the case management services to eligible Veterans associated with the program. However, the Offeror s supportive services provider is required to provide services above and beyond the HUD-VASH case management services. 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 selected 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 selected 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 selected 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 selected Offeror must integrate development activities with cultural resources and historical and environmental policy management requirements in support of VA s mission and operations. The selected 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 selected Offeror retain in connection with the project. POST-SELECTION Following its selection, the selected Offeror will be responsible for preparing a detailed Site Plan, Design Plan, Development Plan, Operations & Maintenance Plan, and Tenant Selection Plan for the EUL project (the Project Plans ). VA recognizes that formulation of the Project Plans will require the selected Offeror to work closely and cooperatively with VA. VA will provide final approval and cooperate with the selected Offeror during the drafting process to facilitate preparation of the final Project Plans. It is anticipated that the selected Offeror will provide VA with drafts of the Project Plans throughout the drafting process. The Project Plans will be subject to VA s review and approval and may be subject to review and comment by local government and other stakeholders. The selected Offeror will be required to meet any timeframes set forth of this RFQ and the proposed timeline provided by the selected Offeror in their RFQ response, with any such extensions or modifications that VA agrees to at its discretion. If the selected Offeror fails to complete the Project Plan(s) or any other timeframe in a timely manner, VA shall have the right, at its discretion, to provide written notice terminating all future discussions with and rights of the selected Offeror under this RFQ. Upon such termination, VA shall neither owe, nor pay, any fees, costs, expenses, or monetary penalties to the selected Offeror for any reason(s) regarding or stemming from this RFQ and its process, and VA shall, at its discretion, be free to select another Offeror in order to further pursue the EUL and project. The Project Plans must contain a description of the project and address comprehensively all significant issues regarding the financing, design, development, renovation, construction, operation, and maintenance, including but not limited to the items in Attachment E. CONTENTS AND PROCESS FOR SUBMISSION OF RESPONSES Submission of Responses Offerors interested in the project should submit their response in accordance with and meeting the following requirements: Time and Date of Submission Responses must be received by August 4, 2023 at 5:00 PM ET (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@va.gov by June 16, 2023 at 5:00 PM ET. Questions received after this date may not be considered. Responses will be provided by an amendment to the RFQ. Place and Manner of Submission Responses will be accepted if delivered by electronic means. However, one hard copy must be delivered by mail, courier, or hand delivery to the following address: Attention: Brett Simms Designated VA Representative Department of Veterans Affairs Office of Asset Enterprise Management (044C) 810 Vermont Avenue, NW, Room 534 Washington, DC 20420 Packaging and Copies The hard copy response 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) The following statement (to be completed upon delivery to VA): Response Received by VA as of _____________(time) on _____________ (date) In order to be considered, Offerors must submit one (1) original hard copy of its response plus two (2) electronic working copy of the response on a CD ROM to VA. The entire response must be included on the same CD ROM in PDF format. In addition, any Excel or other spreadsheets must be included in their native (i.e., Excel), unprotected and accessible format to allow data to be manipulated. The hard copy response must be submitted in a three-ring binder (to allow VA to easily remove parts for copying and/or circulation). Submissions must be formatted and contain the content noted and described in Section 4.2. Changes to Offeror Team Composition Post-Selection For purposes of the response, a key team member should be considered any member (i.e., firm or individual) that will be responsible for approximately 20% or more of the services or fees under this proposed EUL. If selected, the Offeror is required to notify VA in writing of replacement, removal, and/or addition of any key team members within 10 days of event. VA in its sole discretion may request more information about the change and/or request that the selected Offeror propose a different entity/individual. 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. Each page shall be numbered within each referenced Section. Section # Section Name and Subsections (Note: Separate sections and subsections with tabs in hard copies) Page Limit NA Cover Letter referencing project title and location (including Background and Administrative Information) 5 pages (excludes organizational documents and any explanations of legal issues) 1 Development and Operations Concept Development Concept Financing Plan Project Timeline Property Management Approach and Physical Security Plan Supportive/Resident Services Plan Veteran Hiring and Community Relations Strategies 15 pages (excluding budgets) 2 Development Team Qualifications, Experience, and Past Performance Development Team Composition, Structure, and Management Approach Offeror s Financial Stability Development Qualifications and Experience Development Past Performance Development Team Key Personnel Veteran Hiring and Community Relations Experience 15 pages (includes Key Personnel information) 3 Property Management and Supportive Services Qualifications, Experience, and Past Performance Property Management and Supportive Services Team Composition, Structure, and Management Approach Property Management and Supportive Services Qualifications and Experience Property Management and Supportive Services Past Performance Property Management and Supportive Services Key Personnel 10 pages (includes Key Personnel information) 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 organizational documents, explanations of any legal issues, budgets, and auditor s opinion letter, will not count against the page limits. Responses must be typewritten in Arial 11-point font size or greater. 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 of 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; UEI (SAM) and proof of Veteran Small Business Certification (sba.gov) (VetCert) 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. Attach as an appendix (to be excluded from the page count) the following: 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 m...