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Everything posted by bob7947

  1. I tried to write something meaningful but this is as far as I got. I don't have the time to go back so it ends, like this. Formefed wrote: I had forgotten all about Fedmail. I remember the March 1990 report mentioned above: ADP Bid Protests: Better Disclosure and Accountability of Settlements Needed, GAO/GGD-90-13. The report was requested by the Senate Chairman of the Subcommittee on Federal Services, Post Office, and Civil Service; Committee on Governmental Affairs. Back then, the GSBCA heard ADP bid protests. That bid protest authority died with the abolishment of the GSBCA. Fedmail allegations focused on ADP procurements. I have no reason to believe that this issue is not anywhere else. GAO used contemporary press accounts to define what Fedmail is. GAO did find that some Fedmail was occurring on about 10 percent of the awards and recorded the monetary amounts paid by the government and apparent winning offeror. However, monetary payments do not consider a losing offeror blackmailing an apparent winning offer by asking for a piece of the action. Fedmail/blackmail does, to some extent, exist in federal contracting. GAO Recommended that In the Federal Acquisition and Stremlining Act of 1994 (FASA, P. L. 103-355) Section 1436 states When the GSBCA was abolished, that was the end of it. I looked at GAO's annual reports and could not find any reporting of Blackmail payments.
  2. I've added a poll. You can vote there to keep it or have me remove it.
  3. Jacques: Here is the original post that started our rethinking. I provided the bolds to show the items that begged questions. I have the benefit of hindsight, and some of my questions were already asked. I see the OP is looking for legal advice which could lead to a dispute and trips to Boards and possibly courts. As soon as I see this, I need can you tell us the GSA schedule and contract. could the government retrieve and return the files under the contract, Why did the government notice missing files at the last moment, how did the government find out that the files were lost, If the GSA schedule contract is online, maybe we could lead the OP to the correct clause. Maybe we will find out that the files were retrievable by the government and the government had/didn't have a system to account for retrieved and returned files. In the end, we may be able to point the finger at whoever was monitoring the ins and outs of those "files" for the government. If the OP is a contracting officer with the ability to make decisions, this may save the OP a lot of grief with the few suggestions/ideas we make. I'm guessing these files were in long term storage with a contractor and they could be retrieved and returned by the government. They did have a retrieval and return process set up. Files may have been (1) retrieved for use and with that user--so they were not missing, (2) misplaced by the contractor when the government returned them, or (3) contractor employees ate lunch on them messed them up and deep-sixed them. This is a toss-up and the OP may have to conduct an investigation. Maybe we can give the OP some thoughts about where to look. In the end, we cannot tell the OP what to do because we don't know who caused/is responsible for the missing files. Our final response, Sorry, we gave you some ideas but we cannot tell you what to do. That's a contracting officer decision. The first questions I wrote took a few minutes. If I didn't get any answers, I just wait. I cannot repsond with any intelligence with what I have from the OP. As I wrote, the government may be at fault or the contractor may be at fault. Even if the fault is determined by the OP, we do not advise what to do. This is a contracting officer decision.
  4. The folllowing is my draft proposal on Members responding to an OP's initial post. Feel free to provide comments. Carefully read the initial post. If you believe the OP's post requires more information or is unclear, ask for the information that you need to provide useful information. Once you believe you have sufficient information, respond to the OP's initial post. (There are no time limits. However, if you are not getting a response in a reasonable amount of time to your request, PM me. Remember, the government authorizes flex time. They may be on a 4-day week, a 5 and 4 day pay period, etc.) If a Member has a request for information or clarification pending from the OP, please wait for the OP to respond. (This should prevent members from climbing over each other to respond to the OP's initial post.) Once the OP responds, all Members may join the discussion. Thanks C Culham. I was writing this when you posted. I think your idea may be too complicated for the software to handle it. Take a look and provide any comments to my proposal. Keep in mind the flow of discussion between the OP and Members. If it looks like I am starting a one-on-one discussion between OP and and a Member, that is not what I am doing. The first Member that posts to an OP starts the discussion. If there is a request for information to the OP, that puys on the brakes for further discussion unitl the OP provides additional information. I'm sure this isnt going to be pretty at first but let's see how it works. If it doesn't make sense, let me know.
  5. I will give it a try again tomorrow. What I have been noticing is that a federal employee registers posts a question, I appprove their account and their post automatically appears. If they get some good information, they are happy, and go back to their work. They may reappear a year later. It is very rare that somwone registers to discuss a variety of issues. The young person that wants to debate a contracting issue online may be non-existent. Even with an alias as a display name, which I strongly advise, a person still feels the need to protect that identify. So the hightest level here is probably someone willing to have a brief discussion, be satsfied, and disappear, only to reappear a year later for another brief encounter. Our world has changed dramatically since I was young. For example, long ago the GAO Law library on the 7th floor of the GAO building was packed with attorneys who had the U. S. Code and Administrative News volumes, U. S. Code annotated, etc., all over their desks in an effort to claim a desk. Woe was the attorney that disturbed another's desk. Sometimes I had to sneak off with a volume to read at my desk in another part of the building. If an attorney saw me, it was sure punishment. Then Lexis/Nexis appeared. It got down to one attorney who still wanted to feel a volume in his hand and me in the law library. Then he left because techmology allowed others to get done their research faster and better. Since General Counsel would only allow its attorneys to use Lexis/Nexis I was left with the librarians who once did something. I continued for awhile because I could do everything up there. It was wonderful. I could order a legislative history of the Federal Property and Administrative Services Act of 1949 (FPASA) and I would have volumes of the legislative history delivered to me in shopping carts. Newspaper articles were pasted in the volumes, every bill leading up to to the final law, every congressional report, etc. By the time I finished with the contents of those shopping carts, I most have been the world's expert on FPASA for at least a day or two. I did the same for the Truth in Negotiations Act, CICA, and other oieces of major contracting legislation. I remember reading about Carl Vinson's 50th aniversary in the House. They gave him a colored TV. Now he's got an aircraft carrier. Back to my story. Then we were all given personal computers at our desk. It had a 386 chip. We were hooked up to the internet. Goodbye Law Library. I still used the Law Library's microfiche reder to research things on my own time. Towards the end of my career, I went for a walk up to the Law Library and found cobwebs on things. I got my own Dell 386/SX. Now I have 2 PCs down here and 1 upstairs, a laptop in the bedrron and a tablet, and a smart phone. Even the Corvette tells me off when it's upset. Now, when I go to youtube to research something I look at the time of the video. If it's 30 minutes, I'm upset. I want it in 3 minutes. Give it to me fast. When you look at the over 1,000 pages of Wifcon.com--excluding this forum--you see the GAO Law Library mentality in me. I still update the NDAAs but I could not repeat what is there. Now, I want it fast like anyone else. In short, you are seeing about 30 years of progress and what it has done. Get it to me fast.
  6. This is a modified version of the disclaimer at the beginning of the Terms of Use. I will add it to the Terms of Use by the end of today. C Culham. I considered your post. This will be placed directly under the Terms of Use and just before "Reading the Terms Of Use is required to use this forum." I had trouble with the second sentence but settled on that. It will be added by the end of the day. Just don't start giving any medical advice.
  7. C Culham: I understand. However, I received a PM (little letter at top right of page) from a user that thought we provided legal advice. Since it is a PM, I cannot tell you more. I've, posted an item of what I'm going to do just above your post. PS: Anyone here trust "Hickok45?" How about "Paul Harrell?" They are in a different field than contracting. They do have a level of competence in their field similar to some of our posters. I think WE have to go beyond common sense.
  8. I have several things for this morning: I will be posting a proposed paragraph covering professional services, incuding legal and accounting services here for your public comment. When final, it will be posted under "The Instructions and Terms of Use" forum under the category Terms Of Use before the words "Reading the Terms Of Use is required to use this forum." We have advertisers who are providing these services and advice. I've started streamling the Wifcon.com Forums and Categories. The Section 809 category will be eliminated with the Panel's reports placed in the Publications Page where OFPP Pamphlet, Gordon Rule's book The Art of Negotiationl the Commission on Government Procurement reports, etc. Something will be done with any discussions. We have over 6,000 registered accounts with some being duplicates. I approve all accounts personnaly in an attempt to keep the spammers out. If this wasn't done, I estimate that there would be about 60,000 to 100,000 registered accounts. The internet is a dangerous place. With 6,000 accounts, we should have more posts every day. I will start another topic seeking answers about why the posts are so few. As Administrator of this form, I can see the agencies, companies, etc. who are online viewing our forums. This information in hidden from everyone else and I do not provide it to anyone. There are many, many, many, that are viewing but not posting.
  9. Before Ibn left, he found a definition of legal advice. I am providing it for everyone. I will use that in a future statement for use on Wifcon.com. Thank you Ibn.
  10. H-2-H: I agree completely. I'm sure you have and there are many government and private attorneys from large and small law offices who are members. C Culham: Thank you. Everything is on the table. I hope so too. Formerfed: I agree with you too. We must move with the times but we must do it with our controls.
  11. I appreciate all responses and will consider them during the day. Although federal contracting is guided by law I do not remember anyone leading others to believe that this site's members are giving legal advice. With that being said, a proposed action written by members can lead to legal ramifications and we have to be aware of that. That of course is why the modified Google disclaimer clause was adopted and used it in the Terms. This forum is part of the social media world. I look at gun discussion board's, corvette discussion board's, baking discussion boards, and tweet now and then, etc. Some of the responses are from experts on the forums and deal with legal issues. However, the opinions provided receive from those forums only lead me to my own research. The ideas and advice are welcomed. Responding to questions here, as part of the social media world, is very helpful and consistent with the intent of this entire forum. We will continue to entertain questions. To do otherwise, would be the end of this forum. This topic will remain public topic in case any member wishes to respond. Every suggestion will be made in public so it can be seen. You will have an opportunity to comment on my suggestion. Neil provided an idea for an opening statement. Some statement similar to that can be posted under each category or forum so it cannot be missed. Additionally, a private discsussion group can be arranged and can be used by us to accumulate "information needed" and then post the aditional information needed to the OP. If there is no response to the information request, we can close the topic. However, that appears clumsy to me at this point. I will continue to read the posts you provide.
  12. In this case, the OP wrote that it was a task order under a GSA schedule contract. Retreadfed asked what Schedule and received no response. Should there be a point where we decide that he/she is nonresponsive to our request for information and close the topic? Should there be some time period in which we ask questions and then provide the OP with a deadline to respond to our questions?
  13. We have at least 90 plus percent of all Topics started as a question and they will not stop. Don't write that we need to turn down all questions. If we turn down all questions, there will be 1 or 2 contracting posts a year here. We need to make more out of the question in addition to answering the question--if we can. Recently, we received the following topic Don't try to answer that question. I'm asking our entire community--anyone, how should we respond to the above question. Can we turn it into something more. Be creative. Please don't bicker and work within our comunity. ----------------------------------------------------------------------------------- Additional comments I believe we were close to turning the quoted question into a useful discussion that could have been carried out in a new topic. That might have been helpful to many of our Members. It's our fault that it didn't happen. At least 3 of the members here recognized that. However, the OP opted out and would not go in that direction. Currently, I am reviewing every response to this question in the other topic and will send you my thoughts on your posts in a PM. It may take a day or two.
  14. Prosperity: Ibn forgot to tell you to send your address to me by PM or my wifcon e-mail. Never send your home or work address or your e-mail here.
  15. I've locked this thread for the time being while I look at the posts and respond to posters.
  16. I'm not sure what the OP means when he/she uses the term government property. However, if we set that aside for the moment, we are dealing with a I Believe Ibn suggested the best way to go at this point The H-T-H added And then retreadfed added Everything else seems premature until there is more information. However, the OP left and we will not get any further information.
  17. FrankJon: Thank you for documenting it. I will link your references to the NDAAs since many do not realize they are available here.
  18. Don: Are you familiar with way back then?
  19. Wow. I have that on a different computer.
  20. With 14 votes, I wasn't expecting it to be close.
  21. Shortly after the close of each calendar, I update the Top 10 Articles on the Articles Page that Wifcon.com users viewed the most. Each of the 10 articles were viewed in excess of a thousand times during 2019. Some of the articles have been on Wifcon.com for many years and some articles have been viewed hundreds of thousands of times on Wifcon.com.
  22. Shortly after the close of each calendar, I update the Most Viewed Protest Pages by FAR section and GAO protest procedure to show what protest issues Wifcon.com users viewed the most. Each of the 15 issues were viewed thousands of times during 2019. In 2019, I expanded the list to the Top 15 from the Top 10. These protest issues remain fairly stable year after year with few changes.
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