1. Omaha National Cemetery Omaha, Nebraska Industry Day Forum December 18, 2013

2. Agenda Opening Remarks –E.J. Jean-Jacques/Susan Lam, VA Office of Construction & Facilities Management Contracting & Acquisition –Susan Lam, Senior Contracting Officer, VA Office of Construction & Facilities Management –E.J. Jean-Jacques, Contracting Officer, VA Office of Construction & Facilities Management Small Business Participation –Tyrone Lassiter, Office of Small & Disadvantaged Business Utilization –Small Business Administration Project Scope and Overview –David Martino, Project Manager, VA Office of Construction & Facilities Management –David Ciaccio, VIREO Question & Answer Session One on One exchanges between contractors and VA staff Site Location ( NE corner Hwy 50 and Schram Road)

3. Opening Remarks Ms. Susan Lam, Senior Contracting Officer Office of Construction & Facilities Management U.S. Department of Veterans Affairs Washington, DC

4. Project Milestones Estimated Project Schedule  RFP package finalized – February 2014  Issue Solicitation – February 2014  Award Construction Contract – September 2014  NTP issued for Design-September 2014  Start Construction – September 2014  Project Completion – September 2017

5. Project Team Project Team Organization –Veterans Affairs, Office of Facilities Management & Construction, Washington, DC –Omaha National Cemetery / MSN III –VIREO, Planning and Design, Omaha NE

6. Acquisition & Contracting Market Research –Looking for industry input that will assist VA in choosing the best method of procuring the project within the current acquisition regulations. Fedbizopps-http://www.fedbizopps.govhttp://www.fedbizopps.gov –Sources Sought currently on FBO; Sources Sought No: VA10114I0044 –Pre-solicitation Notice; Solicitation; Amendments and Contract Award System Award Management (SAM) http://www.sam.govhttp://www.sam.gov –Recommend all Offeror are registered prior to submitting offer –Offeror shall be registered prior to award Annual Representation and Certification to be completed electronically at http://orca.bpn.govhttp://orca.bpn.gov VETS 100 – Required for procurement awards of $25k and above VetBiz – http://www.vetbiz.govhttp://www.vetbiz.gov

7. Acquisition & Contracting Contractor Performance System (CPS) –Required for contract awards at $100K or greater RFP Solicitation –Not a public bid opening Joint Venture and Teaming Arrangements –VA’s Information Letter 049-06-4 Partnering –It’s not mandatory but is highly recommended Firm Fixed Price

8. Acquisition & Contracting Contracting Approach –The VA is still in the process of determining the method of this procurement Options –Best Value “Lowest Price Technically Acceptable” –Best Value “Tradeoffs” Proposal Submission –Volume I – Technical Proposal –Volume II – Cost Proposal

9. Acquisition & Contracting Proposal Submission (continued) –Evaluation Criteria (examples) –Construction Management –Past Performance –Proposed Schedule –Small Business Participation –Subcontracting Plan (Large Businesses) »Meeting VA’s Socioeconomic Goals Cost Range – $20,000,000.00 and $50,000,000.00 NAICS 237990 – Other heavy and civil engineering construction; $33.5 Million

10. Acquisition & Contracting Bid Guarantee –20% of amount offered and/or –$3,000,000 Bonds-Required –Performance –Payment Funding –This project is fully funded

11. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Office of Small and Disadvantaged Business Utilization Small Business Programs

12. VA Office of Small and Disadvantaged Business Utilization (OSDBU) A joint venture may be considered a SDVOSB or VOSB concern if – At least one member of the joint venture correctly represents itself at the time of offering or quoting as a SDVOSB or VOSB concern Each other concern is small under the size standard corresponding to the NAICS code assigned to the acquisition The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in Federal Acquisition Regulation (FAR)19.101 Joint Ventures VAAR 819.7003

13. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures VAAR 819.7003 The joint venture meets the requirements of 13 Code of Federal Regulations (CFR) 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns. SDVOSBs and VOSBs (JVs) who want to participate in the VA’s Veterans First Contracting Program must be verified by VA’s Center for Verification and Evaluation (CVE) a division of the Office of Small and Disadvantaged Business Utilization in order to be eligible for VA contract set-asides and whose profile can be seen publicly at https://www.vip.vetbiz.gov/https://www.vip.vetbiz.gov/

14. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures A.Main Characteristics: 1. Co-management 2. Sharing profits and losses 3. Limited duration B.Competing as a joint venture: 1. Joint ventures should be formed before submitting offer 2. Agreement should provide for contract performance

15. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures C.Forms of Joint Venture: 1. Partnership 2. Limited Liability Company 3. Corporation (more formalities)

16. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures - Small Business Set-Asides a.All partners must be small businesses; and b.The contractor must meet certain size requirements: 1.Revenue-based size standard contract must exceed on-half of the size standard 2.Employee-based size standard-contract must exceed $10 million

17. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures - Small Business Set-Asides A.The Joint Venture may bid on up to three proposals within 2 years B.Government can award to JV if contract: 1. Exceeds ½ of revenue-based size standard 2. Exceeds $10M (employee-based size standard) 3. All partners must be small, except for SBA-approved Mentor-Protégé relationship AFFILIATION is a term used to define a business relationship a small business may have with other firms and the affect that relationship has on that firm’s business size status. It is not Limitation of subcontracting which places limitations on the amount of work that a small business prime contractor can subcontract out.

18. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Affiliation – Ostensible Subcontract Rule Unusual Reliance on a Subcontractor “Seven Factors Test” – Still Applicable? 1.Which party will manage the contract? 2.Are there discrete tasks to be performed by each party or is there commingling of personnel? 3.What party performs the more complex and costly contract functions?

19. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Ostensible Subcontracting - Seven Factors Test” – Still Applicable? 4. Which party possesses the requisite background and experience to carry out contract? 5.What degree of collaboration was there on the bid or proposal preparation? 6.What is the amount of work to be performed by each party? 7.Which party chased the contract?

20. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Ostensible Subcontracting – “Other Factors” - Incumbent as team member - Identification of the concerns as a team - Hiring of now-large incumbent’s project management team and subcontracting a significant portions of the contract to the incumbent - Challenged concern’s lack (and subcontractor’s possession) of qualifications relevant to the contract requirements - Challenged concern’s inexperience in the primary and vital requirements of the solicitation - Challenged firm’s plan to hire a substantial number of the incumbent’s (and ostensible subcontractor’s) employees - Sharing of profits/losses

21. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Ostensible Subcontracting - Seven Factors Test” The Contracting Officer after PERFORMING the seven factor analysis must: In performing their responsibility determination, if it can be determined that the prime contractor is not capable of doing the work independently, then an ostensible subcontractor arrangement exists. In looking at the “totality of circumstances” determine if the subcontractor is performing a significant portion of the work If the CO considers the prime to be LB, she must refer the matter to the SBA for a formal size determination

22. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Ostensible Subcontracting - Seven Factors Test” Upon reaching a determination that such an arrangement exists, then the contracting officer must: Consider the revenue of both firms in determining if they meet the size standard for the procurement If the combined revenue exceeds the standard, then the company would be considered large business for the purpose of the current procurement. If the CO considers the prime to be LB, they must refer the matter to the SBA for a formal size determination

23. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Remember Size Matters:  Small Business Set-Asides (i.e. SDV, Women, HUBZONE, VOB) and 8(a) Procurements  In Unrestricted Procurements --FAR 19.1101 allows for a price evaluation adjustment for small disadvantaged business concerns shall be applied as determined by the Department of Commerce (see 19.201(b)). Joint ventures may qualify provided the requirements set forth in13 CFR 124.1002(f) are met.  An unrestricted procurement where you are claiming a 10% SDB Price Evaluation PreferenceAwards to HUBZone small business concerns through full and open competition after a price evaluation preference in favor of HUBZone small business concerns (see 19.1307 Price evaluation preference for HUBZone small business concerns.)  The based upon the size standard of the solicitation a large business cannot be a JV participant on a Small Business/8(a)/SDVOSB/HUBZone/Women-Owned Set- aside Procurement.

24. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Definitions SDVOSB is eligible for award if… -Disability is service-connected as defined in 38 U.S.C. 101(16) -One or more Service-connected Veterans- --Own 51% or more of the firm --Manage and control the daily operations of the firm, or in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran -Firm meets the small business size standard under relevant industry (NAICS) Code -Listed in VIP VOSB is eligible for award if… -One or more veterans— --Own 51% or more of the firm --Manage and control the daily operations of the firm -Firm meets the small business size standard under relevant industry (NAICS) Code -Listed in VIP

25. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Socioeconomic status protests (not size status protests) for SDVOSB/VOSB are decided by the Executive Director (ED), VA Office of Small and Disadvantaged Business Utilization (OSDBU) whether raised by the contracting officer or an offeror. The OSDBU ED’s decision shall be final. OSDBU will decide socioeconomic status protests. SBA decides Size Status Protest SDVOSB/VOSB Small Business Status Protests VAAR 819.307

26. VA Office of Small and Disadvantaged Business Utilization (OSDBU) See 13 CFR 125.6 ServicesSupplies General Construction Special Trade Construction What is the limitation on sub- contracting? will perform at least 50% of the cost of the contract incurred for personnel will perform at least 50% of the cost of manufacturing, excluding the cost of materials will perform at least 15% of the cost of the contract with its own employees, excluding the cost of materials will perform at least 25% of the cost of the contract with its own employees, excluding the cost of materials What are the Limits for the Prime?

27. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Type of procurement Small Business Set Aside, or 8(a), or SDB (when the 10% SDB price evaluation credit is claimed…only used in full & open) Contract lesser in value than ½ of the size standard of the NAICS (if revenue-based NAICS) or lesser than $10M for employee-based NAICS. Options are included. Small Business Set Aside or 8(a) or SDB (when the 10% SDB price evaluation credit is claimed) Contract greater in value than ½ of the size standard of the NAICS (if revenue-based NAICS) or greater than $10M for employee-based NAICS. Options are included. HUBZone Sole Source, Competitive, or a full and open contract in which the 10% price preference was used (price pref. only used in full and open) Who has to perform the minimum? ([13])[13] The small business (SB) prime by itself. The small joint venture (if a formal JV) See 13 CFR 125.6 and 13 CFR 124.510(a) ([14])[14] The SB prime together with any 1 st tier SB subs. The small joint venture (if a formal JV) If 8(a), SBA approves the JV agreement. See 13 CFR 125.6(g) and 13 CFR 124.510(a ([15])[15] The SB HUBZone prime together with any HUBZone subs. If a small joint venture, by the HUBZone member(s) See 13 CFR 126.700(a) and FAR 52.219-3 (c) and FAR 52.219- 4(d)of the JV. Must Perform the Minimum?

28. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Teaming/Joint Ventures Under Mentor -Protégé Programs A.Broad exclusion from affiliation B.Ostensible subcontractor rule not applicable on prime/sub relation C.8(a) protégés may joint venture with their mentors, regardless of the size of the mentor.

29. VA Office of Small and Disadvantaged Business Utilization (OSDBU) Joint Ventures: 8(a) Set-Asides A. Government can award 8(a) contracts to JV if: 1. One firm is 8(a)-certified 2. All partners are SBs, unless in approved 8(a) Mentor-Protégé B.The SBA must approve the Joint Venture agreement 1. 8(a) firm must manage 2. 8(a) must furnish project manager 3. 8(a) must receive at least 51% of profits C.Competing as a joint venture – best practices 1. JV should be formed before submitting offer 2. Agreement should provide for contract performance 3. FAR requires proposal to disclose nature of joint venture

30. VA Office of Small and Disadvantaged Business Utilization (OSDBU) General References 13 CFR 121.103, What is Affiliation? 13 CFR 124.513, Joint Ventures and 8(a) Contracts 13 CFR 124.519, Dollar Limits on Sole Source Contracts an 8(a) Company Can Receive 13 CFR 124.520, SBA 8(a) Mentor-Protégé Program 13 CFR 125, Government Contracting Programs

31. Project Overview Dave Ciaccio Dave Martino

32. Project Overview Scope and Elements New 3,600sf Administration Building and Public Information Center New 6,700sf maintenance Building New 1,400sf Honor Guard Building 2 Committal Service shelters 2,500 Pre-Placed Crypts 1,200 Pre-Placed Urn Crypts 1,800 Columbarium Niches Memorial wall and Walkway Entrance Area and Signage Flag Assembly Area Roads and Parking Decorative Fencing Landscaping Irrigation System Stormwater Management System Site Utility Service and Distribution Site Signage Site Furnishings Stream preservation Off Site Road Improvements Global Positioning System Energy Conservation Measures

33. Interstate 80 Context

34. Schram Road Highway 50 Project Site 235 ac +- Aerial Photo

35. Site Character

39. Master Plan

40. Phase One

41. PIC / Visitor Center

42. Committal Shelter

43. Honor Guard Building

44. Maintenance Building

45. Questions & Answers