Canandaigua EUL Questions and Answers
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Has there been any preliminary due diligence performed by VA?
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What is the historic status of the building and will the selected developer be allowed to demolish any of the building included in the solicitation?
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Does the Davis-Bacon Act apply?
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Will the EUL Site be subject to property taxes?
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I am trying to prepare a Milestone timetable but cannot find what length of time the VA will take to make the initial review and selection. I would like to begin my time table to reflect the selection date. I do understand that once a developer is asked to submit the final development plan the VA will require an additional 3 months for publication and review. Is this correct?
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A 24 hour monitor has been requested. Can this be a sleep in monitor?
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Section 8166 states “shall not be subject to any local or state regulations relating to land use, building code, permits or inspection.” Yet, the RFP states there must be compliance with local regulations. This is understood where there may be use of utilities, etc. – but what about on VA property?
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Does the developer have to comply with the “Department of Veterans Affairs – Master Specifications” for construction? This is in reference to http://www.cfm.va.gov/TIL/spec.asp.
1. Has there been any preliminary due diligence performed by VA?
VA, through its enhanced-use lease contractor, has collected various information which has, (or will be made) available to all participants through this website concurrent with the official release of the solicitation. Proposers are responsible for conducting whatever due diligence they deem necessary and appropriate to support their intended project scope, financing, and associated liabilities.
Building 14 has been nominated to the National Register of Historical Places. In previous meetings, site visits and discussions with the New York State Historical Preservation Office, their concerns are limited to the exterior façade of the buildings and the main front lobby entrance. As such, demolition of Building 14 is not currently permitted.
3. Does the Davis-Bacon Act apply?
Unless the Lessee can demonstrate to the satisfaction of the Department of Veterans Affairs that the Lease or the Project is exempt therefrom, Lessee shall comply with the requirements of the Davis-Bacon Act, as amended, 40 U.S.C. Section 3141, et seq. and the relevant rules, regulations and orders of the Secretary of Labor applicable thereto.
4. Will the EUL Site be subject to property 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 property shall be subject, directly or indirectly, to any State or local laws relative to taxation, fees, assessments or special assessments.
VA’s current goal is to complete a developer selection within approximately three weeks of the proposal due date. Since several factors affect the selection date, VA is unable to give a specific date at this time. Offeror’s proposals should include a Milestone Timetable that indicates the amount of time necessary to accomplish the required tasks.
6. A 24 hour monitor has been requested. Can this be a sleep in monitor?
Section 2.4.9 of the RFP requires that “a responsible individual employed by the Offeror will be on-site 24 hours per day, 7 days per week, to ensure that residents have access to crisis services at all times.” Since there is no indication on the type of monitor required, Offerors should present a reason for the decision on what type of monitoring they propose.
Despite the language in Title 38 section 8166 and 8167, the requirement and practice within the enhanced-use lease program is to subject EUL sites to all local, state and Federal codes, laws, regulations, etc.&nbs; This language is included in all solicitations, public presentations, and as a provision of the enhanced-use lease. For the Canandaigua Transitional Housing EUL the developer will be required to go through the local planning and zoning development approval process. The improvements to the underlying VA real property will be subject to taxation or whatever the developer negotiates otherwise with the local authorities that have jurisdiction.
The VA Master Specifications are required for all buildings that are constructed for VA’s use. These specifications are not required for the reuse/redevelopment of VA facilities not in use by VA.
