subcontracting | Georgia Tech Procurement Assistance Center

Credit for lower-tier subcontracts toward small business subcontracting goals

July 4, 2019 By Andrew Smith

It has been a long time coming, but it appears that the government will (finally) amend the Federal Acquisition Regulation (FAR) to align with prior changes by the Small Business Administration (SBA) concerning credit for lower-tier small business subcontracting.

The propose rule addresses changes to FAR 19.704 and 52.219-9 to marry the regulation up with SBA’s amendments.

We first covered this issue back in 2016 when SBA issued a final rule amending the small business subcontracting plan regulations. SBA’s amendment allows large prime contractors on federal jobs to receive credit for lower-tier subcontracting awards to small businesses and other socio-economically disadvantaged firms. That is, rather than limit credit to first-tier subcontracts, prime contracts may count the awards their first-tier subcontractors make to small businesses towards their subcontracting goals.

Continue reading at: Fox Rothschild LLP

Here are the Georgia businesses who won federal contracts in April 2019

May 1, 2019 By cs

Ever wonder who’s winning federal contracts in Georgia?

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

federal-contract-award-winners-in-georgia Each and every month, the Georgia Tech Procurement Assistance Center (GTPAC) compiles and publishes a list of federal contracts awarded to Georgia businesses. The list comes complete with point-of-contact information on the awardees, the name of the awarding agency, the dollar value of the contract, and much more.

Download details on the federal contract award winners in Georgia during APRIL 2019 right here: FEDERAL CONTRACT AWARDS IN GEORGIA – APRIL 2019

Here are the Georgia companies who won federal contracts in earlier months of 2019:

January 2019 award winners: FEDERAL CONTRACT AWARDS IN GEORGIA – JAN. 2019
February 2019 award winners: FEDERAL CONTRACT AWARDS IN GEORGIA – FEB. 2019
March 2019 award winners: FEDERAL CONTRACT AWARDS IN GEORGIA – MARCH 2019

Contract winners from previous years are archived below:

To see award winners in Calendar Year 2018, see: https://gtpac.org/2019/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2018

To see award winners in Calendar Year 2017, see: http://gtpac.org/2018/01/01/here-are-the-georgia-businesses-who-won-federal-contracts-in-2017

To see award winners in Calendar Year 2016, see: http://gtpac.org/2017/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2016

To see award winners in Calendar Year 2015, see: http://gtpac.org/2016/01/04/here-are-the-georgia-businesses-who-won-federal-contracts-in-2015

To see award winners in Calendar Year 2014, see: http://gtpac.org/2015/01/here-are-the-georgia-companies-who-won-federal-contracts-in-2014

Subcontractor who failed to follow the FAR finds that ‘fair’ and ‘just’ are not synonymous

April 12, 2019 By cs

Inscribed over the doors of the U.S. Supreme Court are the words “Equal Justice Under Law.” It’s a reminder that judicial decisions should be just. That doesn’t necessarily mean fair.

In Aspic Engineering and Construction Company v. ECC Centcom Constructors, LLC, U.S. Court of Appeals for the 9th Circuit, Case No. 17-16510 (January 28, 2019), the 9th Circuit overturned an arbitration decision in favor of a local Afghani subcontractor seeking termination costs after it was terminated for convenience by a U.S.-based general contractor. This, despite the arbitrator’s finding that the subcontract was “clearly drafted to give every advantage to” the general contractor, that the local Afghani subcontractor’s “experience with government contracting [was] not nearly as extensive as that of” the general contractor, and “that the normal business practices and customs of subcontractors in Afghanistan were more ‘primitive’ than those of U.S. subcontractors experienced with U.S. Government work.”

Background

Local Afghani subcontractor Aspic Engineering and Construction Company was awarded two subcontracts by ECC Centcom Constructors, the general contractor, on two projects in Afghanistan overseen by the United States Army Corps of Engineers. The first subcontract involved construction of various buildings in the Badghis province of Afghanistan. The second subcontract involved the construction various buildings Sheberghan province of Afghanistan. Both subcontracts included clauses from the Federal Acquisition Regulation (FAR), which were incorporated by reference, and included flow-down provisions obligating Aspic to ECC in the same manner that ECC was obligated to the U.S. government.

Keep reading this article at: https://www.jdsupra.com/legalnews/federal-subcontractor-who-failed-to-43185/

Here are the Georgia businesses who won federal contracts in Mar. 2019

April 1, 2019 By cs

Ever wonder who’s winning federal contracts in Georgia?

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

Download details on the federal contract award winners in Georgia during MARCH 2019 right here: FEDERAL CONTRACT AWARDS IIN GEORGIA – MARCH 2019

Here are the Georgia companies who won federal contracts February 2019:

January 2019 award winners: FEDERAL CONTRACT AWARDS IN GEORGIA – JAN. 2019
February 2019 award winners: FEDERAL CONTRACT AWARDS IN GEORGIA – FEB. 2019

Contract winners from previous years are archived below:

To see award winners in Calendar Year 2018, see: https://gtpac.org/2019/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2018

To see award winners in Calendar Year 2017, see: http://gtpac.org/2018/01/01/here-are-the-georgia-businesses-who-won-federal-contracts-in-2017

To see award winners in Calendar Year 2016, see: http://gtpac.org/2017/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2016

To see award winners in Calendar Year 2015, see: http://gtpac.org/2016/01/04/here-are-the-georgia-businesses-who-won-federal-contracts-in-2015

To see award winners in Calendar Year 2014, see: http://gtpac.org/2015/01/here-are-the-georgia-companies-who-won-federal-contracts-in-2014

The definition of a subcontractor, and why it matters

March 19, 2019 By cs

What is a subcontractor?

The answer to this question seems obvious – a subcontractor is a contractor that contracts with the prime contractor to perform a scope of work on a construction project.

However, it is not always easy to distinguish a subcontractor from a materials supplier (sometimes referred to as a “materialman”). That distinction is important in the context of claims by lower-tier subcontractors or materials suppliers on payment bonds, such as those provided by prime contractors on federal and state public works projects. That is, a lower-tier subcontractor or materials supplier may not be entitled to recovery from a payment bond if its contract is with a materials supplier instead of a subcontractor. Therefore, identifying the role of the party with whom a contractor is contracting is a key task the prudent contractor will perform at the outset of a project.

This distinction is most important in the context of federal public works projects. For those projects, the Miller Act restricts claimants on payment bonds to those who had a contract with the prime contractor and those who had a contract with a subcontractor, provided that in the latter case the claimant provides notice to the prime contractor. In other words, if a firm has a contract with a materials supplier, as opposed to a subcontractor, the firm does not have entitlement to payment under the bond. Courts look at the “total relationship” between the parties to determine if the party in question is a subcontractor or materials supplier.

Courts have applied a balancing test to make this determination, with some factors weighing in favor of a subcontractor relationship and other factors weighing in favor of a materials supplier relationship.

Keep reading this article at: https://idahobusinessreview.com/2019/02/28/the-definition-of-a-subcontractor-and-why-it-matters/

Camden County’s development authority to host event for prospective submarine suppliers

March 13, 2019 By cs

A submarine supplier recruitment event will be held May 1 and 2, 2019 at the Jekyll Island Convention Center.

The conference is being hosted by the Camden County Joint Development Authority and sponsored by the Submarine Industrial Base Council (SIBC) which represents 5,000 companies in nearly all 50 States producing components used to manufacture two Virginia-class attack submarines per year.

Suppliers who are interested in learning more about opportunities associated with the upcoming construction of the Columbia-class ballistic missile submarine are encouraged to attend.

This event is particularly appropriate for:

Established manufacturing companies in the Southeastern region with experience fulfilling Department of Defense (DoD) contracts for Mil-Spec manufactured components.
Established companies without DoD contract experience are also encouraged to attend in order to learn how to become a sub tier supplier to a SIBC supplier and expand the market share for your products.

Features of the supplier conference include a panel session featuring representatives from General Dynamics-Electric Boat and Huntington Ingalls Industries-Newport News Shipbuilding and a panel consisting of several existing SIBC suppliers in the Southeast Region. Each panel will discuss the unique requirements and challenges potential suppliers will face and the process to become a component supplier.

Complete details, including registration, can be found at: https://spark.adobe.com/page/ezcqkBTaqfhff/

Arbitration award is ‘irrational’ because it disregards contract’s plain text

March 8, 2019 By cs

Aspic Engineering and Construction Company (Aspic), a local Afghan subcontractor, entered into multiple subcontracts with ECC Centcom Constructors and ECC International (ECC), the prime contractor, to construct buildings and facilities in Afghanistan. The subcontracts contained terms and conditions “applicable to all U.S. Government subcontracts,” and mandated that Aspic owed ECC the same obligations that ECC owed to the federal government. The subcontracts also incorporated multiple Federal Acquisition Regulation (FAR) clauses, including FAR 49.2 through 49.6, which govern the recovery of expenses in the event a contractor is terminated for convenience, i.e., required documentation and procedures.

In 2014, ECC was terminated for convenience, so ECC notified Aspic that it also intended to terminate Aspic’s subcontracts for convenience. Aspic, in turn, submitted multiple settlement proposals to get paid for its work under the subcontracts. When ECC denied most of Aspic’s proposals, Aspic filed for arbitration, seeking payment for its costs of partially performing under the subcontracts. Despite Aspic’s failure to comply with the FAR requirements governing payment for partial work in the event of a termination for convenience, the arbitrator awarded Aspic over $1 million. The arbitrator concluded that Aspic was not required to strictly comply with the FAR requirements based on several factors, including: (i) the subcontracts were drafted to give every advantage to ECC; (ii) it was not reasonable to expect that Afghan subcontractors would be able to conform to the strict and detailed requirements of general contractors on U.S. Federal projects; (iii) it was not reasonable that the parties had the same expectations; and (iv) there was not a true meeting of the minds.

Keep reading this article at: https://www.jdsupra.com/legalnews/ninth-circuit-finds-arbitration-award-25846/

To view the full text of the court’s decision, courtesy of Bloomberg, click here.

GTPAC hosts ‘Creating the Next: Defense Innovation Conference’

February 9, 2019 By cs

The Georgia Tech Procurement Assistance Center (GTPAC) recently sponsored an event where 200 small innovative tech companies learned about special funding opportunities and programs that are available to small businesses at the Department of Defense (DoD), including the Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs.

“The goal of the January 14th conference was to help small companies, especially small technology companies and innovative manufacturers, learn about how they can do business with the Defense Department and its various components,” explained Andrew Smith, GTPAC’s program manager. “We wanted to have an event where we could educate the small business community about DoD opportunities.”

**GDX connects Georgia businesses with each other and with DoD contract opportunities.**

The event featured numerous prominent speakers. Khai Edouard, the co-founder of the technology consulting firm The Simple Vue, spoke about the Georgia Defense Exchange (GDX), a technology platform that was built for the Georgia Department of Economic Development that helps government defense contractors network with other contractors and find contracting opportunities with DoD. Contractors can access the Georgia Defense Exchange at https://gdx.georgia.org

**The National Security Technology Accelerator prospects, vets, and develops technology.**

Tim Greeff, the founder, and CEO of the National Security Technology Accelerator (NSTXL), which prospects and develops innovative technology for the Department of Defense, spoke about Other Transaction Authority (OTA) contracts, and how DoD utilizes OTAs to fund research and prototype development.

Adele Navarrete, senior corporate counsel for the Logistics Management Institute, a major not-for-profit defense contractor, provided attendees with insights and advice on how to win business with the Department of Defense. Ms. Navarrete later joined an industry panel with Raven Smith, senior regulatory compliance analyst with Lockheed Martin, and John Roman, senior vice president at Huntington Ingalls Industries – Technical Solutions. They discussed the important attributes and qualities defense contractors look for in subcontractors.

**Panelists, representing defense industry giants, provided attendees with subcontracting insights.**

**Lisa R. Sanders with U.S. Special Operations Command discussed technology problems she’s counting on industry to solve.**

The keynote address was delivered by Lisa R. Sanders, the director of science and technology for the U.S. Special Operations Command (USSOCOM). As a defense intelligence senior leader, Ms. Sanders is responsible for all research and development funded activities for the U.S. Special Operations Forces at MacDill Air Force Base. Ms. Sanders gave an overview of USSOCOM’s technology and purchasing priorities, and the difficult technology problems Special Operations Forces needs industry to solve. Ms. Sanders also gave an overview of how industry could engage and do business with the USSOCOM.

After the keynote speech, attendees were able to network with one another and forge potential business relationships.

Four concurrent workshops were also held in the afternoon sessions that covered a variety of topics of interest to government contractors, including how to develop successful bids and proposals and how to comply with DoD cybersecurity requirements.

“Overall, I’m very proud of the event and how industry and government came together to provide such excellent information and training to our attendees,” said Mr. Smith. “I think everyone came away learning a lot about how to best engage the Department of Defense if you are a small technology company or manufacturer with the next great product or idea. I firmly believe Georgia Tech can help connect the next great idea to those in DoD who need that idea and solution — and that is going to keep our nation safe.”

Copies of all presentations made at the Jan. 14, 2019 event — along with related resource materials — can be downloaded from: https://gtpac.org/training-video/

Here are the Georgia businesses who won federal contracts in Jan. 2019

February 4, 2019 By cs

Ever wonder who’s winning federal contracts in Georgia?

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

Download details on the federal contract award winners in Georgia during JANUARY 2019 right here: FEDERAL CONTRACT AWARDS IN GEORGIA – JAN. 2019

Earlier years are archived below:

To see award winners in Calendar Year 2018, see: https://gtpac.org/2019/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2018

To see award winners in Calendar Year 2017, see: http://gtpac.org/2018/01/01/here-are-the-georgia-businesses-who-won-federal-contracts-in-2017

To see award winners in Calendar Year 2016, see: http://gtpac.org/2017/01/02/here-are-the-georgia-businesses-who-won-federal-contracts-in-2016

To see award winners in Calendar Year 2015, see: http://gtpac.org/2016/01/04/here-are-the-georgia-businesses-who-won-federal-contracts-in-2015

To see award winners in Calendar Year 2014, see: http://gtpac.org/2015/01/here-are-the-georgia-companies-who-won-federal-contracts-in-2014

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

Here are the Georgia companies who won federal contracts in earlier months of 2019:

Contract winners from previous years are archived below:

Background

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

Here are the Georgia companies who won federal contracts February 2019:

Contract winners from previous years are archived below:

Wouldn’t this information be helpful if you are looking for subcontracting prospects? Or when you’re trying to figure out who your competitors are? Or when considering who might be a good partner on an upcoming bid proposal?

Earlier years are archived below:

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