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ACQUISITION ALERT

 

 

Prime Contractor Group Meeting

Washington, DC - June 15 - 16, 2015

Hosted by the WPI's Executive and Advisory Board of Directors

Open to all Wisconsin Federal contractors and Subcontractors

Join us for this unique opportunity to develop your Federal network and gather current sales and market information.  Attendees will have the opportunity to meet with Federal agencies, representatives and local experts on acquisition, policy and priorities.

Agenda Update:

GE Healthcare will be hosting a portion of the the event at their offices.       
                                                      

Updates will be available www.wispro.org

Registration will be opening soon.

    

 
UPCOMING EVENTS
4/28/15
Acquisition Hour: Update on Federal Wage - Hour Laws
Webinar
5/1/15
For Manufacturers: Becoming a Supplier to the Military and Their Prime Contractors
Eau Claire
  Learn More
4/29/15
Cost & Pricing for DOD Contractors & Subcontractors
Pewaukee
Learn More

  5/5/15
Small Business Contracting Series: What is GSA?
Wauwatosa
Company Spotlight: Patriot Taxiway Industries

Established in Wisconsin 2007 as a Service Disabled Veteran Owned Small Business (SDVOSB), Patriot Taxiway Industries' core capability is to design, assemble, test and support complex systems with a mission to deliver superior quality aerospace and military lighting products and services to its customers through leadership, innovation and partnerships. We provide solutions and products to three market spaces: Aircraft, Airfield and Portable lighting. Our Aerospace Customers include Boeing, Airbus, L-3, The United States Air Force, and The Federal Aviation Administration along with several helicopter and aircraft maintenance providers. Patriot achieved AS9100C Certification and registration in February 2013 to support our aerospace customers.

 

Patriot Taxiway Industries Inc. actively recruits veterans to draw upon their skills, experience, commitment, and integrity in order to provider a superior product and service. Patriot Taxiway reaches out to the veteran community through the local veteran service officers to reach into the rich experience and knowledge of our veterans.  

 

 
 

Small Business Mentor Prot?g? Program; Small Business Size Regulations; Government Contracting Programs; 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; Women-Owned Small Business Federal Contract Program; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals  
 
In the rule published on February 5, 2015 at 80 FR 6618, SBA proposed to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act of 2013, which pertain to the establishment of a Government-wide mentor prot?g? program for all small business concerns. The rule would also make minor changes to the mentor-prot?g? provisions for the 8(a) Business Development program in order to make the mentor-prot?g? rules for each of the programs as consistent as possible. The rule would amend the current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, including the effect of such partnerships on any mentor-prot?g? relationships. Finally, the rule would make several additional changes to current size, 8(a) Office of Hearings and Appeals or HUBZone regulations, concerning among other things, ownership and control, changes in primary industry, standards of review and interested party status for some appeals.

The comment period is extended until May 6, 2015. Additional information is available at https://www.federalregister.gov/articles/2015/04/07/2015-07887/small-business-mentor-protg-program-small-business-size-regulations-government-contracting-programs

 
FARByte by Phil Bail, Phil Bail and Associates 

A termination for convenience of a commercial item under FAR 52.212-4(l) is not the same as a FAR Part 49 termination.  

An appeal involving the termination for convenience of a commercial items contract for aircraft flight simulators was sustained by the Armed Services Board of Contract Appeals (ASBCA) because the contractor was entitled to be paid based on the percentage of completion of the simulators on its production line at the time of the termination for cause and for unavoidable charges resulting from the conversion to a termination for convenience.

The parties disputed the amount the government owed the contractor pursuant to the commercial items termination for convenience clause, FAR 52.212-4(l). The first step for recovery under the clause requires the government to pay the contractor "a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination." The government interpreted "work performed" to mean work delivered and accepted and contended the contractor was not entitled to recovery because the one delivered simulator was rejected.

The government's interpretation was unreasonable. It imposed the FAR Part 49 approach to damages on commercial contracts, but FAR 12.403(a) provides the requirements of FAR Part 49 do not apply when terminating contracts for commercial items. The only reasonable interpretation of the clause was that it applied to all work performed, including partially completed items on the production line at the time of termination.

There also was no merit to the government's contention the contractor was required to provide cost data to determine percentage of completion. FAR 52.212-4(l) provides a commercial items contractor may "not be required to comply with the cost accounting standards or contract cost principles for this purpose"; and recovery under the first prong is predicated on the contract price, so cost evidence is not required.

The second step allows a contractor to recover "reasonable charges the contractor can demonstrate to the satisfaction of the government using its standard record keeping system, have resulted from the termination." The government's insistence the contractor was required to produce cost data under the second step was also contrary to FAR 52.212-4(l). (TriRAD Technologies Inc., ASBCA, ?94,332)

TAKEAWAY: Be sure you read and understand the terms and conditions in every solicitation when you submit a proposal.  


Appropriations bill boosts funding for VA, military construction

House appropriators unveiled legislation that provides $76.6 billion in discretionary funding for military construction and the Department of Veterans Affairs for fiscal 2016.

 

The bill, released April 14 by the House Appropriations Committee, includes funding to house, train, and equip military personnel; provide housing and services to military families; and maintain base infrastructure, as well as fund veterans benefits and programs.

 

While the bill provides $4.6 billion more funding than in fiscal 2015, it is $1.2 billion below the president's fiscal 2016 budget request.