Inactive Veteran-Owned Small Business Set-Aside (specific to Department of Veterans Affairs)

2 DEPARTMENT OF VETERANS AFFAIRS REQUEST FOR QUALIFICATIONS (RFQ) No. 36C77625Q0008 DAYTON VA MEDICAL CENTER REDEVELOPMENT OPPORTUNITY Dayton, Ohio 7 October 2024 DATE AND TIME RESPONSES DUE: February... 2 DEPARTMENT OF VETERANS AFFAIRS REQUEST FOR QUALIFICATIONS (RFQ) No. 36C77625Q0008 DAYTON VA MEDICAL CENTER REDEVELOPMENT OPPORTUNITY Dayton, Ohio 7 October 2024 DATE AND TIME RESPONSES DUE: February 7, 2025, at 3pm EST DATE AND TIME QUESTIONS DUE: October 25, 2024 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 2 2 PROPOSED DEVELOPMENT OF SITE 2 2.1 Overview of Solicitation Structure 2 2.2 Location, Background and Description of the Site 3 2.3 Development Considerations 3 2.3.1 National Historic Preservation Act 3 2.3.2 National Environmental Policy Act and Other Environmental Considerations 4 2.3.3 Infrastructure 4 2.3.4 Legal Considerations 4 2.3.5 Prevailing Wages 5 2.3.6 Handicap Accessibility 6 2.3.7 EUL Statutory Requirements 6 2.3.8 HRP Statutory Requirements 6 2.3.9 VA s Goals and Objectives 6 2.3.10 Other Considerations 7 3 LEASE EXHIBITS 7 4 SUBMITAL REQUIREMENTS 8 4.1 Time and Date of Submission 8 4.2 Manner of Submission 8 4.3 Response Content 9 4.3.1 Cover Letter with Background and Administrative Information 10 4.3.2 Legal Requirements 11 4.3.3 Section 1: Development and Operations Concept 12 4.3.4 Section 2: Development Team Qualifications, Experience, and Past Performance 15 4.3.5 Section 3: Property Management (and, if applicable, Supportive Services) Team Qualifications, Experience, and Past Performance 16 4.3.6 Section 4: 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 19 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: SITE INFORMATION 25 ATTACHMENT B: SUPPORTIVE HOUSING SAMPLE LEASE EXHIBIT OUTLINES 32 ATTACHMENT C: NON-SUPPORTIVE HOUSING SAMPLE LEASE EXHIBIT OUTLINES 33 Department of Veterans Affairs RFQ #36C77625Q0008 26 REQUEST FOR QUALIFICATIONS DAYTON VA MEDICAL CENTER REDEVELOPMENT OPPORTUNITY DAYTON, OHIO EXECUTIVE SUMMARY The United States Department of Veterans Affairs (VA), under its Enhanced-Use Leasing (EUL) authority (38 United States Code (U.S.C.) §§ 8161 to 8169) and the Historic Reuse Program (HRP) authority derived from Title 54 U.S.C. §§ 306121-306122 (formerly Section 111), 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) on the Dayton VA Medical Center campus in Dayton, Ohio. Redevelopment may occur under VA s EUL authority to benefit Veterans (directly or indirectly) and/or create permanent supportive housing for homeless and/or at-risk Veterans and their families or under VA s HRP authority to reuse and preserve the historic property. Authority to Outlease VA is authorized to outlease land and improvements to non-Federal entities through the EUL Program or HRP. 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 commercial/other use(s) that benefit Veterans directly and/or indirectly. 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. VA s EUL authority allows VA to make capital contributions to EUL projects using minor construction appropriations funds. The HRP authority allows VA to manage, outlease, or exchange historic facilities (available land, buildings, and other resources) in a manner consistent with VA s obligation to maintain historic assets. An HRP agreement can be either a long-term outlease (up to 99 years) of facilities under VA s jurisdiction of control to the public or private sector or an exchange of historic properties. This program is administered by the Office of Real Property (ORP) within VA s Office of Construction and Facilities Management (OCFM). Unlike under EUL authority, VA is not authorized to make capital contributions to projects under its HRP authority. Offeror(s) under both VA authorities 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 For Offerors proposing under VA s EUL authority, Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) allows VA to enter into EULs that provide supportive housing OR enhance the use of the leased property by directly or indirectly benefitting Veterans. Project types may include but are not limited to: Supportive housing Skilled nursing facilities Assisted living facilities Technical job training centers Research facilities Mixed-use, etc. Projects that are unlikely to meet statutory requirements for EULs include but are not limited to: Commercial hotels Warehouses, etc. Pursuant to 38 U.S.C. § 8162(b)(5), a 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. For Offerors proposing under HRP authority, VA may lease or exchange its historic property so long as the lease or exchange will adequately ensure the preservation of the historic property. 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. It is expected that any redevelopment would also enhance the Dayton VA Medical Center campus. The Developer entering into an EUL or HRP 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 September 26, 2022, 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. 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 or HRP 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 or HRP 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 or HRP 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 or HRP 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 or HRP 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. 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 or HRP Site. VA is not obligated to provide 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 or HRP Site including, without limitation, whether (a) the development of the EUL or HRP 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 or HRP 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, 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 tenant mix of the proposed EUL or HRP Project. As part of the response, it should be noted that it is the requirement of the Offeror to provide security 24/7 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 or HRP 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 or HRP 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. 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 and as amended. 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 of the PACT Act, Modifications to Enhanced-Use Lease Authority of Department of Veterans Affairs . HRP Statutory Requirements VA s HRP is authorized by the NHPA, specifically Title 54 of the United States Code Section 306121-306122. This authority allows Federal agencies such as VA to outlease or exchange unneeded historic properties and retain proceeds to fund agency preservation activities. VA s Goals and Objectives VA has the following goals and objectives for the Project: Reuse underutilized VA properties. This could take the form of safe, affordable, smoke-free housing for Veterans and their families who should have priority placement in any housing project created on the Site. If HUD-VASH is used, the service provider must provide service above and beyond those provided by HUD and VA. It is the intent that VA will provide case management services to eligible Veterans. This could also take the form of another use that benefits Veterans directly or indirectly, including commercial use(s), and/or reuses and preserves historic property. Note: The Dayton VA Medical Center will not accept any uses of the Site that are industrial. (b) Avoid ongoing operating costs associated with the upkeep of vacant and/or underutilized assets. (c) Provide an innovative solution within current authority to preserve a VA-owned, historic property. (d) Meet VA s obligations under NHPA to better preserve and protect the property. 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 or HRP agreement upon the Offeror s failure to cure an outstanding event of default thereunder. This includes any document, to include the EUL or HRP agreement that would prevent VA from terminating the EUL or HRP agreement 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, Operations and Maintenance Plan, and (if housing is proposed) a Tenant Selection Plan for the Project. Attachment B contains sample outlines for supportive housing lease exhibits. Attachment C contains sample outlines for non-supportive housing lease exhibits. In addition, the Offeror will need to provide other lease exhibits such as a 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 February 7, 2025, at 3:00 PM EST (the Closing Time ). Responses received after the Closing Time will not be considered. Questions regarding this RFQ may be submitted in writing by emailing De Carol Smith at DeCarol.Smith@va.gov and Shahidat Abbas at Shahidat.Abbas@va.gov by September 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 Managers, De Carol Smith and Shahidat Abbas. Manner of Submission Responses will be accepted by electronic means and hard copy. For electronic submission, please submit responses via email to De Carol Smith at DeCarol.Smith@va.gov and Shahidat Abbas at Shahidat.Abbas@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 applicable to the Offeror s proposed Project in the following order, with each section clearly labeled, beginning on a new page and not exceeding the applicable section page limit. Section # Section Name and Subsections (Note: Separate sections and subsections with tabs in hard copies) Page Limit NA Cover Letter (including Background and Administrative Information) 5 pages 1 Development and Operations Concept Team Composition and Structure Development Concept Alignment of Development Concept with VA Goals and Objectives Project Financing Plan Project Timeline Management Approach (Development, Property Management, Subcontractors, and, if applicable, Supportive Services) Proposed Veteran Hiring and Community Relations Strategies for Project 25 pages (includes resumes) 2 Development Team Qualifications, Experience, and Past Performance Development Qualifications and Experience Development Past Performance Development Team Key Personnel Qualifications Tab 2D: Veteran Hiring and Community Relations Experience 20 pages 3 Property Management (and, if applicable, Supportive Services) Team Qualifications, Experience, and Past Performance Tab 3A: Property Management (and, if applicable, Supportive Services) Qualifications and Experience Tab 3B: Property Management (and, if applicable, Supportive Services) Past Performance Tab 3C: Property Management (and, if applicable, Supportive Services) Key Personnel Qualifications 20 pages 4 Financial Wherewithal and Experience Securing Financing Tab 4A: Financial Wherewithal Tab 4B: 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 Project. 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 and Operations Concept In this section, the Offeror should include all relevant information necessary to allow VA to assess the Offeror s overall development and operations concept. Specifically, this section must include the following: Tab 1A: Team Composition and Structure Provide brief descriptions of Offeror entity and the Offeror s 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 responsibilitie...