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About this blog

This blog is managed by Bob Antonio, the Owner of Wifcon.com. It includes link to news items on contracting and the blogger's comments

Entries in this blog

Part 2: Too Many Contracting Committees; Too Many Contracting Laws

In my last post on the Wifcon Blog, I proposed a House and Senate Committee on Contracting and Assistance. Why, you might ask? Remember the Clinger-Cohen Act? It was part of the National Defense Authorization Act for Fiscal Year 1996, P. L 104-106. What about the SBIR/STTR Reauthorization Act of 2011? It was part of the National Defense Authorization Act for Fiscal Year 2012, P. L. 112-81. What about the new Limitations on Subcontracting provision that was mentioned on the Wifcon Forum? Y

bob7947

bob7947

Offerors Need To Understand The Pricing Scheme And Any Caveats

On April 26, 2007, the Army awarded an indefinite delivery, indefinite quantity, fixed price, job-order contract to Lakeshore Engineering Services, Inc., for repair, maintenance, and construction services at Fort Rucker, Alabama. Lakeshore performed 79 construction delivery orders in the base year and 74 construction delivery orders in the first option year. On March 10, 2009, Lakeshore filed a claim with the contracting officer seeking $1,996,152.40 for losses it incurred while performing d

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bob7947

Offer and Acceptance, Contracting Authority, Etc.

In Thomas F. Neenan, as Trustee of the Thomas F. Neenan, Sr., Revocable Trust, v. U. S., No. 11-733C, August 22, 2013, you are taken through some of the basics of federal contracting. How many basic points can you identify in this 10-page opinion? I've listed those that I identified below: 1. Offer and acceptance, unconditional offer, preliminary negotiations. 2. Change in ownership, death of party, trust agreement. 3. Pattern or practice. 4. Contract specialist's authority, integral

bob7947

bob7947

Look What GSA Forgot

The General Services Administration (GSA) has about 19,000 Multiple Award Schedule (MAS) contracts. About 80 percent are contracts with small businesses. Last year, GSA proposed terminating thousands of small business contracts for not meeting the $25,000 annual sales threshold. Apparently, GSA forgot to pay the contractors something--$2,500. The House Committee on Small Business did some checking--more likely someone told them--and found that GSA owed some money. Here is the story. You

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bob7947

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 6: April 3, 1974

One of the things I first noticed when we drove from Marshall Space Flight Center (MSFC) to our hotel was a sign post that looked like a corkscrew with a road sign on top.  Someone told me:  "A tornado did that."  How could wind do that?  I was about to find out.  It was April 3, 1974.  When we left MSFC after work, there was a strange feeling in the air.  One that I have never forgotten.  In fact, I stll feel if it is there after all of these years.  There was no wind, no noise, just a sti

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bob7947 in Part 6

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 5: Apples and Oranges and O-Rings

What did I do in Huntsville, Wifcon? For the 3 months in 1974 that I was there, I worked, drove around the Huntsville area in my 1971 240Z and began collecting and reading books.  I'm looking at one of the those books now.  It's still in my library:  Will Rogers, The Man and His Times by Richard M. Ketchum.   One of my colleagues from Atlanta took me to see "Contractors Row," in Huntsville which is a group of federal contractors and subcontractors lined up together on the same street.  Then

bob7947

bob7947 in Part 5

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 4: Truth or Consequences

Using the Solid Rocket Motor requirement from the solicitation that appears in Part 3 of this article, you can see that NASA may have been thinking of Low Rate Initial Production (LRIP) for Increments 1 and 2 and Full Scale Production (FSP) for Increment 3.  In FSP, NASA planned 385 Space Shuttle flights between 1981 and 1988 or a little more than 1 Space Shuttle flight per week. Solicitation Increments Years Covered Planned Flights Planned Mo

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bob7947 in part 4

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 3: Selling the Program

On September 12, 1962, President Kennedy told us  On July 16, 1969, after a tumultuous decade, we, NASA, its contractors, and astronauts met President Kennedy's challenge, landed on the Moon and returned safely to Earth.  But, what were we ready to do after that?  While I was waiting for Captain Kirk to send us into warp drive much of the nation wanted a break.  There was a national letdown.  NASA's budget was put under pressure and they were asked to work more closely with the Department

bob7947

bob7947 in Space shuttle SRM

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 2: I Arrive in Huntsville

My road to Huntsville was simple enough, drive through Tennessee, pass into Alabama, and find the Tourway Inn on Memorial Parkway.  Those were the exact directions given to me.  "Find the Tourway on Memorial Parkway."  I had a paper fold-up map to find Memorial Parkway.  So it was drive up and down Memorial Parkway to find the Tourway.  There, I would meet our staff from the Atlanta Regional Office and they would fill me in on our work.  This was my first trip into the deep south, and with my Ph

bob7947

bob7947 in Lockheed Part 2

Lockheed Propulsion Company, Thiokol Corporation, B-173677, June 24, 1974 - Part 1: You're Going to Huntsville

It was Friday, February 1, 1974, when out of the blue, my supervisor asked me: Do you have anything against going to Huntsville, Alabama for a week?  The person that asked that question was the one that I needed to file my paperwork for promotion.   I immediately said no and asked when do I go?  Monday was the answer.  Since it was Friday and I was in Washington, D.C, I had a couple of days to get going and hundreds of miles to drive.  Stunned, I left my office space amd began walking around the

Justice From The Tenth Circuit

" . . . was on the take. At the New Mexico Department of Corrections she was responsible for selecting the best contractors to perform maintenance work for the State. Instead and bypassing any public bidding process, she awarded about $4 million in contracts to . . . over the course of three years -- receiving about $237,000 in return from . . . , [the contractor's] owner." See the judgment at ca10.uscourts.gov (pdf).

bob7947

bob7947

Just Call Me Johnson!

Years ago, I had three stories from my life posted on Wifcon.com and they picked up a small following on the internet. Since I usually add something from my life around Christmas to Wifcon.com, I thought I would add one of those three stories. So here is, as it happened: Just Call Me Johnson! In the 1970s, when I first moved to the Washington D. C. area, I lived in Greenbelt, Maryland. Although Greenbelt is actually a small town, it is also one of those "areas" located around Washington t

robert_antonio

robert_antonio

Is That The Milky Way Galaxy?

"What you’re looking at is a cell in the midst of dividing into two identical copies—a process called mitosis. Here, the chromosomes (in blue) are aligned at the cell’s equator. Microtubules (red) from opposite poles of the cell attach to the chromosomes using the kinetochores (green) and pull them to opposite ends of the cell, which then splits in half. But sometimes cells do not divide properly—a common problem in cancer. Understanding the mechanics of cell division could help us correct this

bob7947

bob7947

Is FAR 8.406-6 As Easy As "May" and "Shall"?

I was reading a decision of the Armed Services Board of Contract Appeals (ASBCA) about a week ago and I found the following. Why read the ASBCA decision when I could go straight to the horse's mouth! So I searched the Court of Appeals for the Federal Circuit (CAFC) web site and I found the Sharp decision--and it was recent. Here is a brief description of the issue in the Sharp case. On September 18, 2001, the General Services Administration (GSA) awarded a multiple award schedule (MAS) cont

bob7947

bob7947

If You Want A Contract, Don't Have A "Seriously Delinquent Tax Debt"

H. R. 882, the Contracting and Tax Accountability Act of 2013 passed the House of Representatives on April 15, 2013. The bill would lead to a nice amount of paperwork, new criteria for determining contractor responsibility, and opportunity for debarment. A copy of the bill, as reported from committee, is here.

bob7947

bob7947

GSA Schedule Contractors: CTA or Prime/Subcontractor Relationship?

"Under a Contractor Team Arrangement (CTA), two or more GSA Schedule contractors work together to meet ordering activity needs. By complementing each other's capabilities, the team offers a total solution to the ordering activity's requirement, providing a "win-win" situation for all parties." But what is a Prime/Subcontractor relationship and what is the difference from a CTA? Let GSA explain. See the information at gsa.gov.

bob7947

bob7947

Government Contracting Improvement Act of 2012?

At this time of year, newly introduced legislation often is introduced and then quickly enters oblivion. I checked this Senator's committee and subcommitee assignments and did not find any direct link to federal contracting. Maybe that explains it. "Sen. Toomey's bill would require the GAO to include the most common reasons bid protests are sustained. This additional information could help federal agencies identify needed improvements in the contracting process, reduce the number of protests

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bob7947

GAO's Most Prevalent Reasons for Sustaining Protests--2016 Update

The Competition in Contracting Act of 1984 requires the Government Accountability Office (GA0) to report to the U. S. Congress annually when government agencies fail to fully implement its bid protest recommendations. GAO has posted these reports on its website since fiscal year (FY) 1995. Initially, these reports provided little information but by FY 2004, GAO published its "Bid Protest Statistics" covering FY 2004 through 2001. I have added every one of these reports to the fiscal year numbers

bob7947

bob7947

Frankenstein's Monster

You are a program officer with big "wants" but with little federal money. Your contracting officer is not familiar with hiding overruns in an FPI(F) contract--yet. Besides, you have never heard of it--yet. What to do? Well, this politician knows best. With a little luck and plenty of ignorance, you may see the "fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation." Let's think about thi

bob7947

bob7947

First The Wind . . . .

"We're going to develop a trained, professional workforce." A professional workforce has been a goal of decades worth of commissions, panels, etc. For example, last week before the Senate Committee on Armed Services, Secretary of Defense Gates said: "Since the end of World War II, there have been nearly 130 studies on these problems." Secretary Gates went a bit further and noted a list of systemic problems that went beyond the contracting workforce such as: Entrenched attitudes thro

robert_antonio

robert_antonio in FWS

Faster Than A Speeding Bullet, Three Times Higher Than The Tallest Mountain

Many years ago, as a teen, I noticed a magazine on a barbershop table with an incredible black airplane on the cover. Huge engines on each side of a delta wing and a long thin fuselage with a cockpit near the front. I never forgot that airplane, it was an SR-71 Blackbird. Fifty-five years later, I wrote a brief article about the first Blackbird -- the A-12. It's the fastest and highest flying jet airplane that was ever built. Everything about the A-12 was incredible. A requirement was developed

bob7947

bob7947 in article

DIVAD Versus 60 Minutes

Yesterday, Don Mansfield posted an article entitled Lying to Ourselves: Dishonesty in the Army Profession. After reading the digest of the article and bristling at some of the jargon used, I can report on what was written in simple language. It is: under some circumstances Army officers can accept a lie as truth. Why single out Army officers? I won't. The truth is that humans can accept a lie as truth. I've written about that before. The article made me remember an episode of 60 Minutes

bob7947

bob7947

Design Defects & Differing Site Conditions

Searching for an item to post is time-consuming and frustrating. However, some times an item pops up from an unexpected place. In this case, it was the U. S. Civilian Board of Contract Appeals. The case is straightforward and easy to read and contains some excerpts that are noteworthy. Here is what the Board said: "Our view is in line with the contractor's. Although Drennon's technique for excavating the hillside may not have been ideal, due to the defects in the design of the project and

bob7947

bob7947

Dear Editor: I am Eight Years Old

That was how Virginia O'Hanlon began her letter to the Editor of The Sun in 1897.  The Editor's response to Virginia is the most read editorial that was ever written  That is not exactly what this entry is about.  However, four years ago I did some research on Virginia and found the room where Virginia wrote her letter.  You can read about it in the brief entry shown below. What caught my eye was the comment from Alan to my earlier entry.  The comment was written in 2021 and I first notice

bob7947

bob7947 in Christmas

Could Lucy Ellen Find Happiness at DPSC?

On June 20, 2015, Vern Edwards introduced us to F & F Laboratories, Inc., ASBCA 33007, 89-1 BCA ¶ 21207 (Sept. 14, 1988). In early 1986, the Defense Personnel Support Center (DPSC) awarded a contract to F & F Laboratories, Inc. (F & F) for "starch jelly bars" as part of the military's abandon ship ration procurement. F & F offered its commercial jelly bar as part of its proposal and it was incorporated into the contract documents. Unfortunately, the commercial product didn't fit

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bob7947

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