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ACQUISITION ALERT

 
 
Wisconsin Federal Contracting Forum, Washington D.C.
 
 
WPI's annual D.C. Federal Contacting Forum will be April 25, 26, 27, 2017.  Businesses will have the opportunity to meet with members of the Wisconsin Congressional Delegation, Federal agency representatives and prime contractors. The trip will emphasize opportunities in IT, Health Care and Energy however any business in the federal market is welcome to attend.  New Administrations bring new priorities.  Join us to hear to directly from Washington decision makers and ensure your federal marketplace business strategy will be successful.  Contact Hilary DeBlois at hilaryd@wispro.org if interested in attending.  
UPCOMING EVENTS
1/17/17
End of the Year Federal Contractor
Update
Wauwatosa

1/24/17

Acquisition Hour: The Contractor Purchasing System Review Series (part 1 of 4)
Webinar
Learn More
1/24/17
Supporting the Federal Defense Supply Chain - for Manufacturers
Marinette
  Learn More 

1/25/17

Acquisition Hour: The SBA 8(A) Certification Program
Webinar
Learn More
Past Performance and You

Past Performance continues to receive significant attention as a criteria for award of contracts. Are you keeping up with these changes?
 
The Past Performance Information Retrieval System (PPIRS) has been split into two modules. One module - RC provides report card information for awards greater than $5 million in value and the other SR provides statistical reporting information for those awards not meeting this threshold. Since the SR module is strictly a DoD module which has its own URL - https://www.ppirssrng.csd.disa.mil/ users will be required to have a PKI certificate in order to log in to the site.  The SR module reports on vendor Delivery and Quality Performance and also provides reports. What is really interesting isa feature of  this module . PPIRS-SR NG has a Procurement Risk Assessment capability. "Users enter vendor bids and are warned of possible over- or under-payment risks based on historical purchase data." The user manual details both the formulas and algorithms which are used.
 
On a separate note, DLA retired their Automated Best Value System (ABVS) in October 2014 and shifted as required to PPIRS - SR.  What is interesting is that today, DLA Land and Maritime is using a locally created tool to capture vendor performance trend data: (see slides 20-22: https:// www.dtic.mil/ndia/2016DLA/DLAInternetBidBoardSystem.pdf) This tool is known as Vendor Performance History and it captures on time delivery percentages and provides a 12 month view of performance. This tool compiles PPIRS-SR (NG) scores including composite vendor delivery scores and the information assists in source selection determinations.

Please contact WPI's Mark Violante at markv@wispro.org or 920-456-9990 for further assistance.

 
By Phil Bail, Phil Bail and Associates

 
Release of Claims - What Does It Mean?
 
Have you ever reviewed a contract modification and noticed a paragraph titled "Release of Claims"?  Did you think about what claims would be released by this clause?  

The Civilian Board of Contract Appeals' (CBCA) recent decision in Perry Bartsch Jr., Constr. Co. v. Dept. of the Int., CBCA 4865, 5071 (December 8, 2016) helps 
understand the scope of a release.   
 
Generally, this case helps you understand how to draft a release in an effective and narrow way, and the types of factors that the CBCA will consider when interpreting a release.  Specifically, this decision addresses the issue of whether an apparent global release of claims, contained in just one of many contract modifications, can extinguish all potential claims against the Government.

I suggest you read CBCA 4865, 5071. 

In light of this case, there are several points contractors should consider when negotiating and interpreting release language: 
             
Carefully read the release clause- Is the release language limited to the modification or does it apply to all potential future claims?  Is the release contingent on any events?  Is there anything confusing in the release that requires you to review it several times before understanding it?

Consider the release in the context of the entire contract - Where is the release located in the contract modification? Were releases provided in other contract modifications?  What was the scope of those releases?  Were certain potential claims excluded?

Consider the release in the context of the performance and negotiation - If a release is deemed to be ambiguous, will extrinsic evidence support your interpretation? Do you have a process in place for maintaining records that may support your interpretation?

By considering these three points, you can help ensure that you are entering into a release that will not negatively affect you.

Happy New Year,

Phil


iRAPT (Formerly Wide Area Workflow) 

The Wide Area Workflow eBusiness Suite applications utilize digital certificates (also called Public Key Infrastructure or PKI certificates) to authenticate the wawf.eb.mil server as trusted, to authenticate users upon logon, to sign documents, and to view documents signed by digital certificates.
Last week, those certificates were updated. As a result the website and its billing component iRAPT were not recognized as trusted websites by several Browsers.
In addition, it was not possible to create a specific exception and to log in.
For instruction on how to download the DoD CA certificates please contact Benjamin Blanc at benjaminb@wispro.org.

What to make of the NDAA's latest DOD reorgs

It might not be quite as dramatic as the breakup of AT&T, but the congressionally mandated split of the Department of Defense's AT&L office is no small matter.

Currently, the DOD's office of Acquisition, Technology and Logistics is headed by Undersecretary Frank Kendall, and his portfolio includes 17 different offices such as acquisition, research and engineering, logistics and material readiness and installations and environment.

Sen. John McCain (R-Ariz.), the chairman of the Senate Armed Services Committee, has long argued that the AT&L portfolio is too large for one individual, and in the 2017 National Defense Authorization Act, he prevailed.

Closing Notes

WPI had the pleasure of working with Progress Lakeshore on an event in Manitowoc on January 11th, focusing on opportunities for manufacturers considering or developing their work as subcontracts to the Department of Defense.  The room was full of quality Wisconsin businesses.   Some areas of discussion came up that I want to share with you.  They are basic BUT important.
  1. Registration in the System for Award Management (SAM) is required by Federal contractors.  We also encourage all potential Federal contractors as well as current and potential Federal contractors to register in SAM.  Why?  So that they are visible to the Federal agencies and other contractors looking for sources.  The website is www.sam.gov and registration is FREE.  I stress FREE.  There have been numerous stories about companies being charged significant dollars for assistance.  Contact WPI for assistance in your registration - it is FREE.
  2.  Following SAM, businesses should make sure that their Small Business Profile in the Dynamic Small Business search is complete and informative.
  3.   In today's business environment, it is important when selling to the government, to have good marketing materials - both a paper capabilities statement and a solid website.  It is critical to have information available to buyers.  The days of the Thomas Green Books are gone.
  4. Make sure that you take advantage of Small Business Programs and their impact on Federal contracting and subcontracting.  It may give you a competitive edge in the process.
  5.  NETWORK.  If they don't know if you exist, and your capabilities are not "unique" they may not find you.
Final note, the end of year number for FY2016 show that Wisconsin businesses won over $3 billion dollars in contract awards.  More on this in the next edition.