VA101-17-R-0413-RFP-01002.pdf

National Memorial Cemetery of Arizona

Phoenix, AZ

Phase 1 Pre-Proposal Meeting February 8, 2018

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Agenda

• Contracting & Acquisition Overview Tammiko Newell, Contracting Officer, VA Office of Construction & Facilities

Management

•Project Scope and Overview William Peach, Project Manager, VA Office of Construction & Facilities

Management.

• Question & Answer Session

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Project Team

• Project Team Organization

• Project Manager, CFM

• Contracting Officer

• National Cemetery Administration

• Design Build Team

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Acquisition & Contracting

• Design/Build Acquisition

– Phase One

• Past Performance

• Relevant Project Experience

• Specialized experience, technical competence, & Capability to perform

• Technical Qualifications

– Phase Two

• Technical Approach

• Project Management

• Price/Cost Proposal

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Project Milestones

Estimated Project Schedule

Issue Phase 1 RFQ – January 24, 2018

Issue Phase 2 RFP – April2018

Award D/B Contract – September 2018

NTP – October 2018

Project Completion –January 2022

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• Acquisition Strategy

– The VA is still in the process of determining the method of this procurement

– Options

– Set Aside (This includes Set-Aside for SDVOSB and

VOSB)

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• Proposal Submission (continued)

– Evaluation Criteria (examples)

– Construction Management

– Past Performance

– Proposed Schedule

– Small Business Participation

– Subcontracting Plan (Large Businesses)

» Meeting VA’s Socioeconomic Goals

• Project Magnitude – $20,000,000.00 to $50,000,000.00

• NAICS 237990 – Other heavy and civil engineering construction; $33.5 Million (SB)

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• Bid Guarantee

– 20% of amount offered and/or

– $3,000,000

• Bonds-Required

– Performance

– Payment

• Funding

– FY18 President’s Budget

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• Contractor Performance Assessment Reporting System

(CPARS)

– Required for contract awards at $100K or greater

• RFP Solicitation

– Not a public bid opening (Sealed bidding)

• Joint Venture and Teaming Arrangements

– VA’s Information Letter 049-06-4

– Mentor/Protégé – must be approved by SBA prior to submittal of Phase 1 RFQ

• Firm Fixed Price

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Office of Small and Disadvantaged Business Utilization

• Supreme Court of the United States Decision on Kingdomware Technologies, Inc v. United States

– Released: June 16, 2016

– Determined that the “Rule of Two” must be applied to all competitive VA contract awards

– Background: VA and lower courts previously interpreted the rule as limited to open market acquisitions only

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• What is the “Rule of Two”?

– Provides that “… a contracting officer of the

Department shall award contracts” by restricting competition to Veteran-Owned Small Businesses if the officer reasonably expects that at least two such businesses “… will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.” 38 U.

S. C.§8127(d)

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Impact of Supreme Court Decision

• Expected increase in opportunities for procurement-ready

VOSBs

• Emphasizes necessity for comprehensive and robust Market

Research that facilitates identification of procurement-ready VOSBs for VA requirements

• Expected increase in volume of Verification applications and increased significance of the Vendor Information Pages (VIP)

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MyVA Verification Program

• Implementation of MyVA Verification will improve Veteran experience during the application process

• Increase in demand will create short term stress on the process

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What can VOSBs Do to Take Advantage of Increased Opportunities?

• Be Verified

• Have a complete profile in VIP Database

• Register in VA Business Intelligence Tool (VA BIT)

• Obtain Federal Supply Schedule as appropriate

• Register for FedBizOpps (FBO) alerts

• Respond to RFI/Sources Sought

• Attend the National Veterans Small Business Engagement

(NVSBE)

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JOINT VENTURE AGREEMENTS

FOR COMPLIANCE WITH FAR, VAAR, AND

FEDERAL REGULATIONS

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Joint Ventures VAAR 819.7003 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

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.

Verified for eligibility in the VIP database.

Joint Ventures Continued 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 C. Forms of Joint Venture:

1. Partnership

2. Limited Liability Company

3. Corporation (more formalities)

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Joint Ventures - Small Business Set-Asides

All partners must be small businesses; and

The contractor must meet certain size requirements:

Revenue-based size standard contract based on NAICS code CVE Certified

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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.

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Some Factors to Consider Regarding Affiliation – The Ostensible Subcontract Rule Unusual Reliance on a

Subcontractor

• Which party will manage the contract?

• Are there discrete tasks to be performed by each party or is there commingling of personnel?

• What party performs the more complex and costly contract functions?

• Which party possesses the requisite background and experience to carry out contract?

• What degree of collaboration was there on the bid or proposal preparation?

• What is the amount of work to be performed by each party?

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Ostensible Subcontracting Continued •The Contracting Officer determination includes:

If 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, (s)he must refer the matter to the SBA for a formal size determination

Ostensible Subcontracting Continued

• 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

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

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•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 decision shall be final.

•OSDBU will decide socioeconomic status protests until execution of an interagency agreement with the Small Business Administration.

SDVOSB/VOSB - Small Business Status Protests

VAAR 819.307

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

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• www.va.gov/osdbu

• 202-461-4300

• VA Center for Veterans Enterprise

• 866-584-2344

• www.VetBiz.gov

• 202-618-3765 (Verification Questions)

• Tyrone.Lassiter@va.gov

• 202-632-5619

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Questions & Answers

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