Jump to content
The Wifcon Forums and Blogs

Blogs

Our community blogs

  1. This is a the second article of two taking you back to the basics of affiliation. The first, giving you a general overview of affiliation, can be found here. This follow-on article goes through the different bases for affiliation, as set forth in SBA’s affiliation regulations. Keep in mind though, this is still affiliation “basics” and does not go into a detailed analysis of each type of affiliation, as that would be a novel–not a blog.

    1. Common ownership. 

    Common ownership affiliation arises when two companies have shared ownership.  Specifically, it arises when one company owns or controls, or has the power to control, 50% or more of another company’s voting stock, or a block of voting stock which is large compared to other outstanding blocks of voting stock. For example, if one individual owns the majority share in two companies, those companies are affiliated on this basis.

    But it is important to note, majority ownership is not always necessary under this rule. For example, if a company has five owners–three with 25% each of the voting stock, one with 15%, and one with 10%–the three 25% owners will each be presumed to control the company because their minority holdings are large, compared with any other stock holding. Additionally, SBA can find that a minority owner controls a company if she or he has “negative control,” or the abiliity to block ordinary actions essential to operating the company–and that entity will be affiliated with other firms the minority owner has control over.

    2. Stock options, convertible securities, and agreements to merge. 

    Affiliation may also arise under stock options, convertible securities, and agreements to merge. Basically, the SBA will treat these types of agreements as though they are already effective, the so-called “present effect” rule. So, for example, when a company agrees to merge with another company, SBA will consider the merger as already having happened. Now, the SBA’s OHA has said it will not apply this present effect rule if the agreement (1) is subject to a condition precedent that is “unusual, incapable of fulfillment, speculative, or conjectural,” or (2) there is a low probability that the transaction would be effectuated, or the rights exercised.

    3. Common management. 

    Affiliation based on common management may arise when two firms share management. Specifically, it arises “where one or more officers, directors, managing members, or partners who control the board of directors and/or management of one concern also control the board of directors or management of one or more other concerns.” According to SBA’s OHA, this “control” does not “require that individual manager(s) exercise total control of a concern, just that they possess critical influence or the ability to exercise substantive control over a concern’s operations.” Keep in mind, this is a different basis that common ownership and does not require majority ownership. For example, if two companies have the same president, those companies may be affiliates, regardless of whether the president is the majority owner of either company.  

    4. Identity of interest. 

    Affiliation based on identity of interest arises when two companies “have identical or substantially identical business or economic interests (such as family members, individuals or firms with common investments, or firms that are economically dependent through contractual or other relationships)[,]” and such companies “may be treated as one party with such interests aggregated.” Under this rule, there are three types of identity of interest affiliation: familial relationships, common investments, and economic dependence.

    Familial Affiliation is presumed where firms are owned or controlled by spouses, parents, children, and siblings, and those firms conduct business with each other. Common investment affiliation may be presumed where SBA finds that enough common business interests cause the parties to act in unison for their common benefit (but the rules don’t elaborate on how many common interests that is). And economic dependence affiliation is presumed “if the concern in question derived 70% or more of its receipts from another concern over the previous three fiscal years.”

    Importantly, this basis for affiliation (including each of its sub-bases) does not automatically lead to affiliation. It leads to a presumption of affiliation which may be rebutted by showing that the companies’ interests are in fact separate.

    5. Newly-organized concern.

    Affiliation under the newly-organized-concern rule is used by SBA to prevent the use of “spin-off firms” posing as small, independent firms, which are really large firms’ affiliates. It requires four factors: (1) former officers, directors, principal stockholders, managing members, or key employees of one company organize a new company; (2) the new company and old company are in the same or related industry or field of operation; (3) the former officers, etc. serve as officers, directors, principal stockholders, managing members or key employees of the new company; and (4) the old company provides assistance to the new company in the form of contracts, financial assistance, technical assistance, facilities and so on.

    6. Joint ventures and ostensible subcontractor. 

    This affiliation rule explains, subject to exceptions for joint ventures meeting certain SBA requirements, the members of a joint venture are affiliated when the two companies form the joint venture for the purposes of seeking a contract; but, they are affiliated for the purposes of that contract alone. It also provides that a prime contractor may be affiliated with its subcontractor for purposes of the procurement at issue if the subcontractor will perform the primary and vital portions of the work and/or the prime contractor is unusually reliant upon the subcontractor, which is called the “ostensible subcontractor rule.” And a prime contractor and its ostensible subcontractor are treated as joint venturers in determining their size for a particular contract.

    7. Franchise and license agreements. 

    A franchise or license agreement will only result in affiliation based on the restraints in the agreement, or other means, such as common ownership or management. The franchise may place restraints on the franchisee or licensee related to standardized quality, advertising, accounting format and other similar provisions, but excessive restrictions upon the sale of the franchise interest may result in affiliation.  

    8. Totality of the circumstances. 

    Great! We made it through the list! If you are a small contractor trying to avoid affiliation and you got through all of those grounds for affiliation without a scratch, you are good, right?

    Eh, not quite yet.

    SBA’s affiliation regulations add in a fun little catch-all. They say, “In determining whether affiliation exists, SBA will consider the totality of the circumstances, and may find affiliation even though no single factor is sufficient to constitute affiliation.” Under this totality of the circumstances affiliation, SBA will simply decide if it finds two companies’ interactions to be so suggestive of reliance that affiliation can be found. And if so, it won’t matter how many “no” boxes for affiliation your companies’ already checked.

    * * *

    This is an extremely surface-level swim through the various grounds of affiliation in SBA’s rules. Affiliation is a highly-complex and ever-evolving concept in small business government contracting. So, don’t be afraid to reach out for help in analyzing potential affiliation for your company.

    Questions about affiliation? Or need help with another government contracting legal issue? Email us.

    Looking for the latest government contracting legal news? Sign up for our free monthly newsletter, and follow us on LinkedInTwitter and Facebook.

    The post Back to Basics: Types of Affiliation first appeared on SmallGovCon - Government Contracts Law Blog.

    View the full article

  2. Achieve End of Year Fiscal Spending Goals and Help Save the Planet with NITAAC GSS

    2022 marks the third consecutive EPEAT Award win for NITAAC.  Globally recognized, EPEAT helps purchasers, manufacturers and resellers buy and sell environmentally preferable electronic products.

    The Global Electronics Council, which owns and manages EPEAT, also facilitates the EPEAT Purchaser Awards. The awards recognize excellence in sustainable procurement of EPEAT-registered products.

    NITAAC is the only GWAC to receive this global award and has been recognized for excellence in two categories:

    • Computers and displays; and
    • Servers

    NITAAC takes considerable pride in doing our part to ensure the federal government has access to sustainable products. In 2021, our products empowered the federal government to realize 3,681,150 kilowatt hours of energy savings. This is the equivalent of the annual electricity consumption of 303 US households. Additionally, our products resulted in the reduction of 783,870 kilograms of carbon dioxide equivalents. This amounts to the removal of 168 cars off the road in the United States for a year.

    We strongly believe it is not only our job to provide a first-class acquisition experience but to also do our part to create a healthier planet, while helping the federal government save both time and money. To that end, our sustainability efforts resulted in $152,414 in cost savings for our federal customers.   

    Environmentally Responsible End of Fiscal Year Spending

    As agencies look toward the end of the fiscal year and find themselves purchasing commodities, such as laptops and desktops, to meet their end of fiscal year buying needs, NITAAC can help. We are committed to providing EPEAT certified laptops, desktops, printers, monitors and servers to meet all our agency partner information technology (IT) needs. 

    In fact, FAR subpart 23.704 requires that 95% of all electronic product acquisitions be EPEAT-registered products, and the Office of Management and Budget (OMB) directs federal agencies to ensure that at least 80% of their laptop and desktop acquisitions are one of the five standard configurations available through their Government-Wide Strategic Services (GSS) initiative. The more federal agencies participate, the greater the overall savings. And, when you buy through GSS, you’ll get the same low price regardless of quantities ordered – one or one thousand. Using NITAAC allows federal agencies to reduce the administrative cost of establishing their own IT contracts and leverage the buying power of the entire federal government for laptops and desktops.

    With more than 3,483 EPEAT certified products to choose from, the ordering process is as easy as the click of a button. To start your order, download a copy of the NextGen GSS Ordering Guide here, then click the log in to e-GOS button in the upper right-hand corner of any NITAAC web page.

    From e-GOS you can view standard configurations and prices on product offerings from our Contract Holders. Simply compare the configurations, select the ones that meet your requirements and follow the NextGen GSS Ordering Guide instructions to complete your order.

    NITAAC not only offers the standard configurations of the GSS program, we also can handle more complex requirements through our CIO-CS Government-Wide Acquisition Contract (GWAC) for IT Commodities/Solutions.

    Saving money and the planet is something we can all agree is a win.  To learn more about how NITAAC can help you meet your end of year laptop and desktop buying needs, and make the planet a healthier place, visit https://nitaac.nih.gov/services/government-wide-strategic-solutions.

  3. We all have different stories about how we entered the field of government contracting.  Here's mine.  I started working at the General Accounting Office (GAO) in July 1971.  At the request of a new Comptroller General, Congress changed the name to the to the Government Accountability Office because GAO didn't do accounting work.  For a political appointee, that's considered innovation.  GAO always had problems with titles.  I started as a GAO Auditor, then a GAO Analyst, then a GAO Evaluator and I was waiting to become a GAO Accountabilist.  It never happened so I kept telling people I was a GAO auditor.  

    Getting back to my story.  I never intended to be in government contracting.  I never intended to be in government.  I just wanted a job.  Having interviewed with GAO months earlier, I was offered a GAO position from out of the blue in a Friday afternon phone call.  At the beginning of my career, GAO had three primary operating divisions;  Civil Division, Defense Division, and the International Division.  Civil involved audit work of civilian agency programs, Defense included work at DoD agencies and the National Aeronautics and Space Administration, International was audit work around the world while you were stationed in Germany.  There were never any openings in the International Division.  If you can't imagine why, I can't help you. 

    In 1971, GAO hired "trainees" directly into its Civil Division and the managers of the Civil Division, for the most part, ran GAO.  Trainees in the Civil Division were assigned to GAO audit sites located within the office space paid for by the government agencies it audited.  Imagine a bunch of freeloaders watching what you did and squealing to your boss when you did something wrong.  That was GAO's Civil Division when I was hired.  A trainee in his/her first year would have 3 assignments:  1,  2-month assignment and 2, 4-month assignments before he/she moved on to a 1-year assignment.  To find out where you would go on your 1 year assignment, you had to visit GAO's personnel office and pick one of the openings that were available in GAO.  Those changes in assignments were referred to as the "rotation" process.   If you rotated at the beginning of a month for your 1-year assignment, you had a nice choice of places to go in the Civil Division.  By the end of the month, all the good slots were gone and you were left with the dregs of the agency.  My first two trainee assignments in the Civil Division were at the Department of Housing and Urban Development and the Department of Agriculture's Food and Nutrition Service which were in Southwest D.C.  My third trainee assignment was at the Food and Drug Administration in Rockville Maryland.  Nearly everyone in the Civil Division was young or relatively young.   It was growing and vibrant and the people were alive.

    Then there was the Defense Division.  It was a separate entity of its own.  Closed off from the rest of GAO, I never met any trainee that was hired into the Defense Division in 1971.  The Defense Division was located in GAO's dingy main building on its dingy 4th floor in Northwest DC.  The space was old and ugly and it was rumored to be staffed with old weirdos.  It seemed as if no one went into that "space" and no one came out.  Think of Dr. Brakish Okun from the 1996 movie, Independence Day greeting you at the door.

     

    Needless to say, new trainees learned one thing through the trainee grapevine.  Stay out of the Defense division!  Shortly after I was hired, GAO decided to shake things up in the Defense Division by reorganizing it into three new divisions; the Procurement and Systems Acquisition Division (PSAD) (pronounced P-sad), the Personnel, Logistics and Readiness Division (PLRD) (pronounced Plurd or P-lard) and the Federal Personnel and Compensation Division (FPCD).  The new GAO trainees didn't know that part of the shake-up in the Defense diivisions would involve human sacrifices too.  GAO couldn't fool its new trainees, though.  Instead of stay out of Defense, the new trainee warning became stay out of PSAD, PLRD, and FPCD.  As my Mother told me while I was growing up; you can't polish a turd.

    My rotation date for my 1-year assignment was scheduled for early Spring 1972 and, of course, it was at the end of the month.  I walked into the personnel office and was congratulated for completing my training assignmnets.  That was the last positive thing I heard that day.  I was given my choices to pick from and there were three available; one in PSAD, one in PLRD, and one in FPCD.  Like any 21 year old who suddenly believed his career had ended, I hemmed and hawhed as long as I could.  Then I was told, You know, we don't have to give you a choice.  After I had gone limp, I put my head down and picked PSAD.  No one in the Civil Division said anything good about my pick.  They just walked away from me.  I was now a member of P-sad.  Things went downhill after that.  

    There were three of us rotating into PSAD that Monday morning.  All graduating trainees from the Civil Division and we were never told we were part of GAO's human sacrifice experiment to reduce the overall age of the new defense divisions.  Once in PSAD, a PSAD representative explained that PSAD consisted of three sub-divisions titled Major Systems (MAG), Science and Techology (S&T), and General Procurement (GP).  The first two of us were going to MAG and S&T and when the work was explained to them it sounded interesting. Next, it was my turn and I was feeling a little better.  Then the PSAD representive tried to explain what GP did.  He tried to keep a straight face but he could only laugh.   The trainee who who went to S&T that day is still my friend today.  We often laughed about that meeting in PSAD and we still laugh about it today.  I tell him that I rotated into Geek Place and not General Procurement that day.  And so it was.  In the months ahead, I met Crazy Jack, Shaky Charlie, and the Slurper.  Then there was the Chomper.  I was told to avoid eye contact with the Chomper.  And I did.

    And that is how I was introduced into federal contracting.

     

     

  4. The U.S. Supreme Court slammed the brakes Thursday on a Biden administration vaccine-or-testing rule for private businesses with at least 100 employees, but let a stricter yet narrower rule aimed at the health care industry take effect nationwide.

    Today the Supreme Court of the United States struck down the “OSHA Vax or Test” rule imposed on most employers with over 100 employees stating, “[Congress authorized OSHA] to set workplace safety standards, not broad public health measures.” However, in a separate decision the Court upheld the vaccine mandate for workers at federally funded health care facilities. The Court reasoned “Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that ‘the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services.’” This authorization permits the strict rules put into place for the covered health care facilities.

    While the two decisions may appear at odds, a common thread can be found. Congress holds the power to authorize the Executive, and its agencies, to create vaccine mandates or related testing requirements. However, Congress must be clear when delegating these powers and for what purpose. Both decisions can be found below, in full.

    https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf
    https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

    The remaining federal, vaccine mandate is the one applicable to government contractors. That mandate was subject to a nationwide injunction; and, last month, the 11th Circuit Court of Appeals rejected an effort by the U.S. Government to overturn that injunction. Briefing on the merits of the government contractor mandate is not set to be concluded until late February, and oral argument before the 11th Circuit will not be held until early April. With the Supreme Court’s recent rulings, the viability of the government contractor mandate is certainly in question. That said, given the innumerable regulatory requirements already placed on government contractors, the contractor mandate arguably appears more akin to the CMS mandate than the OSHA mandate. Time, and the 11th Circuit, and probably the Supreme Court, will tell.

    Decision Review provided by David Warner, Parter & Tyler Freiberger, Associate Attorney

    The post Breaking Mandate Decisions appeared first on Centre Law & Consulting.

    View the full article

  5. At the beginning of Fiscal Year 2008 John Krieger and John Pritchard, two professors at the Defense Systems Management College, Defense Acquisition University, were kicking around the topic of Acquisition Reform. They reflected on what Jim Nagle wrote in the Epilogue to A History of Government Contracting, "If someone were asked to devise a contracting system for the federal government, it is inconceivable that one reasonable person or a committee of reasonable people could come up with our current system.  That system is the result of thousands of decisions made by thousands of individuals, both in and out of government.  It reflects the collision and collaboration of special interests, the impact of innumerable scandals and successes, and the tensions imposed by conflicting ideologies and personalities."

    They reflected that those thousands of decisions were like putting bandages on the acquisition, contracting and procurement processes.  Every time a piece of legislation is passed to “fix” the acquisition process, it’s another bandage.  Every time a change is made to the Federal Acquisition Regulation (FAR), it’s another bandage.  Every time a change is made to the Defense Federal Acquisition Regulation Supplement (DFARS), it’s another bandage.  Every time a procurement or contracting policy memorandum is issued, it’s another bandage. 

    They joked about that being a great visual aid for the classroom. (Remember classrooms, the places you went to learn before COVID-19?) And the joking became reality. They started with a golf ball, and added a bandage for each new law, executive order, regulation, guide handbook, etc. And it would grow, and grow, and grow. “Acquisition Reform and the Golf Ball” was born that day.

    The story of the golf ball was chronicled each fiscal year, and reported in the National Contract Management Association’s Contract Management (CM) after the end of each fiscal year. That is each year up until the report on the results for Fiscal Year 2020, when CM declined the latest installment in the series. Although John and John sought publication elsewhere, there didn’t appear to be a good fit, which brings the latest iteration, “Acquisition Reform and the Golf Ball—A Baker’s Dozen,” to Wifcon.com. (See attachment.)

    Acquisition_Reform_and_the_Golf_Ball_Bakers_Dozen_-FY2021-_Wifcon.com_v2.docx

  6. Robert Marcus, the liquidating trustee of the Las Uvas Valley Dairies sued Dean L. Horton and Frances H. Horton in the U.S. Bankruptcy Court of New Mexico. Mr. Marcus sought declaration that the main assets in the bankruptcy estate at issue were held in constructive trust for the estate he represents. Dean and Frances Horton applied for motion for judgment on the pleadings requesting the proceedings be dismissed for failure to state a claim. Mr. Marcus asserted he had a valid claim for recognition of a constructive trust.

    __ptq.gif?a=6093008&k=14&r=https%3A%2F%2

    View the full article

  7. In the 2019 National Defense Authorization Act (NDAA), Congress placed serious limitations on the Government’s use of Lowest Price, Technically Acceptable (LPTA) procurements. As a result, we should be seeing the Government issue more RFPs in which technology and innovation outweigh price. In these instances, contractors can seek a higher price but are expected to show substantial technological advantages. Two recent protests cases out of GAO illustrate the principles of technical proposal evaluation when technical factors are more important than price, and demonstrate the potential cost/technical trade-offs under these circumstances.

    Read the full article here

  8. ASHBURN, Virginia (September 19, 2018) The National Contract Management Association (NCMA)

    President Charlie Williams Announces the New NCMA Chief Executive Officer

    On behalf of the National Contract Management Association (NCMA) Board of Directors, I am pleased to announce the appointment of Kraig Conrad, CAE, CTP, as the new NCMA Chief Executive Officer. Kraig will formally take his position on November 1, 2018. Kraig joins NCMA with 20 years of association leadership experience. He most recently served as Chief Executive Officer of the Professional Risk Managers’ International Association (PRMIA), where he guided the PRMIA Board of Directors and its global network of more than 50,000 risk professionals to craft an enhanced vision for the group that includes a long-range strategic plan; new advocacy, certification, and training efforts; promoting the PRMIA brand; and enhancing membership benefits.

    Prior to PRMIA, he held many roles at the National Investor Relations Institute, including Acting Co-Chief Executive Office and Vice President for Programs and Development. Kraig has also served as Research Lead for Strategy Practice at Corporate Executive Board, Director of Corporate Finance and Risk Management and Director of Strategic Alliances at the Association for Financial Professionals. He started his career as a Financial Analyst at Credit Suisse.

    Kraig earned a Bachelor of Arts in Economics from the University of Southern California and a Master of Business Administration from the University of Illinois at Chicago. He is a Certified Association Executive and member of the American Society of Association Executives, and a Certified Treasury Professional and member of the Association for Financial Professionals.

    “We are excited to have Kraig join our team. Kraig has demonstrated time and time again exemplary leadership skills and thoughtful approaches to the business of association management,” says NCMA President Charlie Williams. “We are confident that Kraig is the right person at the right time for NCMA as we continue the NCMA journey that was begun over 59 years ago. As our new CEO, Kraig’s association leadership skills will be critical to the Board of Directors as it charts the association’s strategic path forward and seeks to further elevate the association’s relevance to the profession it serves.”

    The selection of Kraig concludes a national search supported by Staffing Advisors, a Washington, DC-based executive search firm. Kraig shares the NCMA dedication to professional growth and the educational advancement of acquisition and contracting professionals worldwide. Please join us in congratulating Kraig as we welcome him to the organization.

    Founded in 1959, the National Contract Management Association (NCMA) is the world's leading professional resource for those in the field of contract management. The organization, which has over 18,000 members, is dedicated to the professional growth and educational advancement of procurement and acquisition personnel worldwide. NCMA strives to serve and inform the profession it represents and to offer opportunities for the open exchange of ideas in neutral forums. For more information on the association, please visit www.ncmahq.org.

    Contact: Amanda Gillespie, Marketing & Communications Director agillespie@ncmahq.org (571) 382-1127

    NCMA_CEO Kraig Conrad - FINAL.pdf

  9. The long-standing principle that the federal government had the same implied duty of good faith and fair dealing as any commercial buyer was put in jeopardy by a 2010 decision of the U.S. Court of Appeals for the Federal Circuit, Precision Pine & Timber, Inc. v. U.S., 596 F.3d 817 (Fed. Cir. 2010). There a panel of the court adopted a narrow rule seemingly limiting application of the principle to situations where a government action was “specifically targeted” at the contractor or had the effect of taking away one of the benefits that had been promised to the contractor. Although the decision concerned a timber sales contract not a procurement contract, when I wrote it up in the May 2010 Nash & Cibinic Report (24 N&CR ¶ 22), I expressed the fear that the reasoning would be subsequently applied to procurement contracts.

    My fear was realized in a construction contract case, Metcalf Construction Co. v. U. S., 102 Fed. Cl. 334 (2011). In that decision, the judge described eggregious conduct on the part of the government officials that would have been held to be a breach of the implied duty of good faith and fair dealing under many earlier cases. However, the judge held that under the Precision Pine standard, the contractor had not proved that the actions were specifically targeted at the contractor. In the February 2012 Nash & Cibinic Report (26 N&CR ¶ 9), I criticized this decision but stated that I believed that even if the decision was affirmed on appeal, most contracting officers would not take this as a signal that the proper way to administer contracts was to abuse the contractor.

    Fortunately, a panel of the Federal Circuit has reversed the decision, Metcalf Construction Co. v. U. S., 2014 WL 519596, 2014 U.S. App. LEXIS 2515 (Fed. Cir. Feb. 11, 2014). The court held that the lower court had read Precision Pine too narrowly and that “specific targeting” was only one example of the type of conduct that could constitute a breach of the implied duty of good faith and fair dealing. Importantly, the court also rejected the government’s argument that this “implied duty” only could be found when it was footed in some express provision of the contract. The court concluded that the correct rule was only that the express provisions of a contract had to be examined to ensure that they had not dealt with the conduct of the government; for if they had, they would override the implied duty.

    This leaves us in a tenuous position with regard to the views of the Federal Circuit. We have one panel in Precision Pine stating a narrow rule, another panel in Metcalf Construction stating the traditional rule, and a third panel in Bell/Heery A Joint Venture v. U.S., 739 F.3d 1324 (Fed. Cir. 2014), ruling in favor of the government because the contractor had not alleged facts showing that the government had “engaged in conduct that reappropriated benefits promised under the contract” (which is part of the Precision Pine reasoning). Thus, it is difficult to state where the judges of the Federal Circuit stand. Hopefully, the court will agree to take either Metcalf Construction or Bell/Heery to the full court for an en banc review of the issue.

    I’ve never been sure why the Department of Justice has so vigorously argued that the government should not be held to the same standards of conduct as a commercial buyer. Of course, persuading the courts and boards that a narrower standard should be applied to the government is a way to win litigated cases. But, in my view, encouraging abusive or non-cooperative conduct hurts the government as much as it hurts its contractors. I have taught for many years that in the long run the government benefits from actions that show industry that it is a fair contracting partner. A line of published judicial decisions that demonstrates that the government is not such a partner is one more of the many messages that tell companies they should sell to the government only when they can find no other customer. Surely, this is not the message that government agencies in need of products and services on the commercial marketplace want to convey to companies that can provide those products and services.

    Many years ago when I came to Washington to work in the field of government contracting, I concluded that there was one major advantage to being on the government side of the negotiating table. That advantage was that I was under no pressure to extract money from the contractor by unfair bargaining or unfair contract administration. To me fairness was an integral part of the job of a government employee. I still believe it and teach it. Thus, no matter what the outcome of the good faith and fair dealing litigation, I will continue to urge government employees that fair treatment of contractors is the only way to go.

    Ralph C. Nash

  10. When I get older, losing my hair

    Many years from now . . . .

    When I'm Sixty-Four

    John Lennon, Paul McCartney

    Shortly after we celebrate our country's independence on July 4, 2013, Wifcon.com will end its 15th year on the internet. With much help from the Wifcon.com community, I've raised a growing teenager. When I started, I was 49 and my hair was so thick that I often shouted ouch or some obscenity when I combed it. Wifcon.com has existed in 3 decades and parts of 2 centuries. During that period, I've updated this site for every work day--except for the week or so when I called it quits. I remember the feeling of relief. I thought it was over. However, many of you convinced me to bring it back. Yes, just when I thought I was out, many of you pulled me back in.

    As I mentioned in an earlier post, someone once told me that Wifcon.com was my legacy. I once had great hopes for a legacy. Perhaps, a great saxophone player belting out a solo in front of thousands of fans and seeing them enjoying themselves. Instead, here I sit in my solitude looking for news, decisions, etc., to post to the home page. For many years, my dog Ambrose kept me company. Now, my dogs Blue Jay and Lily stare at me and look for attention. With my sights now set realistically, I accept that Wifcon.com is my legacy. It's the best I could do.

    Every now and then, I receive an e-mail from someone thanking me for Wifcon.com. They tell me how it helped their careers. These e-mails keep me and Wifcon.com going.

    Send me a postcard, drop me a line,

    Stating point of view

    Indicate precisely what you mean to say

    Yours sincerely, wasting away

    Give me your answer, fill in a form

    When I'm Sixty-Four

    John Lennon, Paul McCartney

    The thoughts in these e-mails won't let me quit. I still search each night for something to add to the site in hopes that it will increase your knowledge. If I find something new, I still get excited. Often, it feels like a self-imposed weight around my neck. What started as a release for my imagination has evolved into a continuing and daily addition to the contracting community. In the evenings, it is as if I'm Maillardet's automaton. I head over to my office, sit before the computer, and update. Then I send the updated pages to Virginia where it is accessed from around the world. Maybe I'm addicted to Wifcon.com; maybe I was born with the Wifcon.com gene.

    If you haven't added the numbers, I'm 64 now. Wifcon.com and I are showing our age. I can comb the top of my head with my fingers. The ouches and other obscenities caused by my once thick hair are gone. A recent upgrade to the discussion forum requires that I turn the "compatibility mode" off on my browser. In that mode, I realized that Wifcon.com is ugly. I have current software for the needed future redo of this site.

    I am Wifcon.com; Wifcon.com is me. It is my legacy and my albatross. As always, thank you for your support.

    You'll be older too,

    And if you say the word,

    I could stay with you.

    When I'm Sixty-Four

    John Lennon, Paul McCartney

×
×
  • Create New...