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bob7947

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  • Birthday 05/02/1949

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  1. I thouught the lead-in to this COFC opinion was amusing. Seventh Dimension LLC v. U. S., No. 21-2275C, May 11, 2022. "This case requires the Court to answer the question of whether, and under what circumstances, the government may cancel a Federal Acquisition Regulation (“FAR”) part 15 procurement and start over from scratch. The facts are reminiscent of “a game of Lucy and the football from the world of Charles Schulz. Plaintiff, Seventh Dimension, LLC — after successfully achieving its desired outcome in two successive protests — was the last offeror standing in this contractor edition of Survivor. Although Seventh Dimension’s proposal was highly rated, and offered a competitive price, Defendant, the United States — acting by and through the U.S. Department of the Army, Special Operations Command (the “Army” or “USASOC”) — decided to pull the plug on the show, cancelling the procurement following a two-year process. Pursuant to 28 U.S.C. § 1491(b), Seventh Dimension challenges the Army’s decision to cancel the solicitation for Army Special Operations Forces (“ARSOF”) training support as arbitrary, capricious, an abuse of discretion, or otherwise contrary to law. The parties filed cross-motions for judgment on the administrative record pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims (“RCFC”)."
  2. CONTRACTING PROCESS INTERTIA: The Enduring Appeal Of The Essay-Writing Contest by Vern Edwards
  3. On the Home Page, I post only the Federal Acquisition Regulation requests for information because they are used in comments for the FAR. From memory, DoD posts the most requests for information but since they are one Department I do not add requests on their supplements.
  4. Everyone: I've locked this topic, not because of any post in this topic, but because of the reality of the last several posts. I will be 73 years of age in a few months. Other regulars are older than I am. Because I am writing this, it means that the update of the Home Page is being delayed because I am the one who does it. I will be up late again. Don't worry about me. I don't do much around here. But others do and they all have been contributing to this community for many years. I want to thank all the contributors for the efforts they make here This site, with all of its current flaws, was created in 1998 with one purpose--to help other members of the contracting community by gaining knowledge. You have done that! If you believe in something, you cannot quit because we're not done yet. Thank you.
  5. I merged the 2 topics of the same name and deleted the first post of the "author." It appears that the merge routine was successful.
  6. Whenever I see Carl Vinson, I think of P.L. 87-653. Others may call it The Truth in Negotiations Act or TINA. If you are old enough, you may, like me, refer to it as 87-653. In searching for news tonight, I found the article on the USS Carl Vinson. It is about the 40th commissioning anniversary of the Vinson on March 13. Since Carl Vinson was instrumental in 87-653's enactment, I felt it important to post it.
  7. This Executive Order may have been issued late in the day because I haven't seen much on it. It is on the Home Page and here: Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency.
  8. The New Limitations on Subcontracting: New Rules, New Uncertainties. By Vernon J. Edwards.
  9. This is Vern's article about the case. COMMERCIAL ITEMS: Confusion In Court.
  10. These items will be posted on the Home Page for tomorrow. So Tonight I'm posting it here too. Government Contractor Agrees to Pay Record $48.5 Million to Resolve Claims Related to Fraudulent Procurement of Small Business Contracts Intended for Service-Disabled Veterans. Read the DOJ wording for the one below. Texas company convicted for supplying potentially tainted rocket fuel to NASA. I don't know if I'll find anything else but I'm not done with my review yet.
  11. I found the COFC opinion that was appealed to the Federal Circuit. it is JKB Solutions and Services, LLC. v. U. S., No. 19-1390C, October 16, 2020. Does anyone believe that the COFC read the clause?
  12. This is from NPR. It is from the author of Flying Blind and is about 36 minutes. 'Flying Blind' author says Boeing put profit ahead of safety.
  13. There are around 500 max planes flying now. To my knowledge, none crashed since they were allowed to fly again. However, the damage is done in consumers' minds. Boeing decided on development of a software program that took the controls of the Max out of the pilots' hands and sent the pilots--and passengers--on a series of 10-second roller coaster rides until the pilots were unable to compensate for the faulty progam and crashed into the ground at over 500 mph. Boeing was at fault. The FAA approved the MAX and MCAS as it was originally set up. The FAA is at fault and someone needs to evaluate how FAA conducts tests. No crash test dummies need apply. The European Union Aviation Safety Agency put the Max with the larger engines through its paces even without MCAS on and it was stable during the tests. Boeing and FAA failed all of us because they gave Communist China the opportunity to be the first country to ground the Max after the two crashes. They didn't enjoy that much, I'm sure.
  14. Thank you Mathew. I watched Downfall: The Case Against Boeing. Boeing made a business decision. Instead of building a new design, Boeing, like EUROplane, decided to modify an earlier platform. Read Air Current's Boeing's MCAS on the 737 Max may not have been needed at all.
  15. I found a new report that is hot off the press. It is called: DoD: State of Competition within the Defense Industrial Base. It was announced at the White House today in a Fact Sheet entitled: Department of Defense Releases New Report on Safeguarding our National Security by Promoting Competition in the Defense Industrial Base. In the report something called a Procurement Business Intelligence Service Competition Analysis Scorecard may exist somewhere in DoD. I found it mentioned at p. 3 of the DoD report. I found this toolbox (I'm sure you know how much I love the term scorecards and toolboxes.) The first contracting law that I found was in 1792. Since then there have been many perfections to the process by law, regulation, etc. What we have is Procurement Process Perfection Proliferation or pee-pees for short. (If I say pee-pees out loud my dogs will want to go outside and do something.)
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