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bob7947

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Posts posted by bob7947

  1. Recently, I have removed new members for violating the Terms of Use.  That shouldn't be a problem because everyone is required to read the Terms of Use befor posting.

    The violations included

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    4. No commercial advertisements.

    5. No spamming. One example of spamming is the repetitive posting of a link to lead users to the linked website.

    Rule 4 exists because Wifcon.com offers paid advertising.  When a new member uses one of their posts to try to sell something, they are infringing on Wifcon.com paid advertisers' rights.

    Rule 5 exists for obvious reasons.

    Another Rule that is violated sometimes is

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    21.  Before you attempt to create a "Blog", you must first have it approved by me--bob7947.  If a Blog is created without my approval, the Blog will be removed and the user's acount will be deleted.   

    Sometimes fragments of something are left in the blog area.  That is because new members may confuse "posts" with "blog entries."  When I see that, I remove the fragments.

  2. Yesterday, I updated the Legislation Page.  I will do this once a week into the future.  The page is here. 

    https://www.wifcon.com/todayslegislation.htm

    Todays Legislation

    Congress.gov cannot post the text of legislation immediately.  Instead, I also post the "sponsor's" Press Release which explains what the sponsor believes the legislation will do if enacted.  Fortunately, few of the bills are ever enacted.

  3. Global K9 Protection Group LLC, vs. U. S. and American K-9 Detection Services, Nos. 23-210, 23-311, April 11, 2024.

    The Long and Winding Road

    Now, after four years, two remands with related remand extensions,1 two formal re-solicitations,2 two injunctions,3 three re-awards splitting the contract into two procurements,4 and approximately 34 total dog years,5 this case has finally reached its end.

    Judge Ryan T. Holte

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    1) All remands related to this string of cases occurred in case No. 20-1614. See Am. K-9 Detection Servs., LLC v. United States, No. 20-1614 (Fed. Cl.). The following orders in case No. 20-1614 discuss the various instances of remand: 19 Mar. 2021 Unreported Order, ECF No. 55 (first formal remand “to USPS for complete OCI investigation”); 16 Aug. 2021 Reported Order, ECF No. 112 (second formal remand to “reopen the OCI investigation into MSA . . . according to the guidelines provided by the SP&Ps and reassess a complete and documented review of the OCI in light of the Court’s” findings); 30 Aug. 2021 Order, ECF No. 117 (order granting motion for extension of time (EOT) to file USPS CO remand results); 13 Oct. 2021 Order, ECF No. 124 (order granting motion for EOT to file USPS Co remand results).

    2) The Solicitation in this case was first issued 22 September 2020. See Am. K-9 Detection Servs., LLC v. United States, 155 Fed. Cl. 248, 257 (Aug. 2021). In February 2022, USPS took corrective action and “issued two new solicitations—one for Third-Party Canine Mail Screening (‘Canine Screening’) services and one for Mail Screening Alarm Resolution (‘Alarm Resolution’) services (collectively, ‘2022 resolicitation’).” See Michael Stapleton Assocs., Ltd v. United States, 163 Fed. Cl. 297, 312 (Nov. 2022) (discussing USPS taking corrective action, resulting in the issuance of two new solicitations, to mitigate the organizational conflict of interest (OCI) by shortening MSA’s contract by one year and cancelling all renewal options for the contract).

    3) On 26 October 2022, in light of CO Franklin’s October 2021 report finding “MSA had an OCI involving unequal access to information and possibly biased ground rules” due to “a member of the [USPS] technical evaluation committee [sending] an [internal] presentation to . . . MSA,” the Court issued an order “to seek USPS guidance on several reevaluation or resolicitation factors to craft an equitable remedy . . . in [a] forthcoming, more detailed order.” 26 Oct. 2022 Sealed Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 26 Oct. 2022), ECF No. 69; see also 31 Oct. 2022 Public Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 31 Oct. 2022), ECF No. 72. On 23 November 2022, the Court, in a more detailed order, enjoined MSA from performance in light of the CO’s October 2021 OCI directions being violated amid the 2022 contract award processes. 23 Nov. 2022 Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 23 Nov. 2022), ECF No. 85 (citing 2020 AR at 3665–84 (CO Franklin’s 22 October 2021 Decision Following Second Remand), ECF No. 125-5); see also 30 Nov. 2022 Public Reported Order, Michael Stapleton Assocs., Ltd v. United States, No. 22-573 (Fed. Cl. 30 Nov. 2022), ECF No. 89; Michael Stapleton Assocs., Ltd v. United States, 163 Fed. Cl. 297 (30 Nov. 2022). On 22 December 2023, in a related case, the Court enjoined USPS’ award of the contract to K2 based on a finding of material misrepresentation in K2’s proposal. Specifically, the Court had “ample reason . . . [to] find[] . . . falsity in K2’s proposal related to past performance.” Glob. K9 Prot. Grp., LLC v. United States, 169 Fed. Cl. 116, 142 (2023).

    There is a companion opinion on the Home Page.

  4. 11 minutes ago, C Culham said:

    Combined they are in my view the biggest problem by my experience so I am not sure "committes" will be the fix.   Why not let the career field itself guide the fix?

    Executive Orders. Usually not significat but all the same in the mix too.

    The only way that laws can be streamlined and abolished is by Congress itself.  That is why you need committees assigned to propose it and to stop new bad laws from getting out of committee.  The first competition rule was passed in 1792 so the committees will take years finding all the nonsense.  Of course, they would still have to go through the full Congress to get their recommendations passed.

    In the end, Congress should state in law what is best for government contracting.  It's their responsibility.  They shouldn't end up writing unnecessary "design" laws.  They should state the goals they want achieved.  The "FAR" councils should write regulations to achieve those goals and accomplish the goals through the efforts of the "career filed."  Congress, through the committees, would maintain oversight of the work of the "FAR" councils and the "career field" in achieving the goals it sets."

    Executive Orders are a different thing.  However, they are more general and the future "FAR Councils" will write the regulations for them.  The Councils can work within the Executive branch to work out the regulatory details.

  5. Quote

    The Federal Acquisition Regulations System is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. 

    The item above is from Subpart 1.1 of the Federal Acquisition Regulation (FAR) in case anyone is new to Federal Contracting.  

    This week The Coalition for Government Procurement has a blog entry called Happy 40th Birthday to the FAR, but has it Gone too FAR?   I think it is important to read it and see the mess you are given that directs much of your work.

    In the article the Coalition talks about appointing a FAR champion to fix it.  That won't work because that would be treating the symptom and not the disease.  The DISEASE is the United States Congress and its committees that have jurisdiction over each and every one of the government agencies.  If they have jurisdiction over a goverment agency they have juridiction over the agency's contracting even if they have no idea about government contracting.  That's ridiculous.  

    Here's my opening salvo to the contracting mess of laws, GAO decisions, and court opinions.  When you look at the FAR, remember, it is based on laws, GAO decisions, court opinions and who knows what else. 

    1. Create one Senate and one House committee that have complete jurisdiction of all government contracting laws and regulations.  And that is all they do.  
    2. Each of those two committees creates a subcommittee dedicated to reviewing ALL contracting laws for the purpose of streamlining or abolishing them.
    3. Each of those two committees creates a subcommittee with total jurisdiction over defense contracting and a subcommittee with total jurisdiction over civilian agency contracting.

    After the laws have been dealt with the FAR system can be overhauled.  There no longer will be title VIII 8s of the National Defense Authorization Acts since the Armed Services Committees will not have jurisdiction over any contracting.

  6. This topic is subject to Rule 17.  The OP needs to respond to others' questions by Friday or it will be locked.

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    17.  Original posters must not disappear after they post a question.  Disappearing makes it impossible to provide clarifications of the original post so that others may respond intelligently.  It is normal for the original poster to be asked for clarification.  The Orginal Poster has 5 calendar days after the original post to answer any questions.  After that, the Topic will be locked.

     

  7. S. 3626:  Conforming Procedures for Federal Task and Delivery Order Contracts Act of 2024 is intended to clarify task and delivery order solicitation and contract requirements.

    This Senate bill was recently introduced and probably won't be enacted as a stand-alone act.  If it gets anywhere, it most likely will be stuffed into the next NDAA

  8. This topic is being closed due to no response from the OP, in accordance with . . .

    17.  Original posters must not disappear after they post a question.  Disappearing makes it impossible to provide clarifications of the original post so that others may respond intelligently.  It is normal for the original poster to be asked for clarification.  The Orginal Poster has 5 calendar days after the original post to answer any questions.  After that, the Topic will be locked.

  9. In two recent articles, Ralph Nash and Vern looked into whether the process of competitive negotiation (source selection) “works” to encourage firms to do business with the Government. See Our Competitive System:  Does It Work?, 36 NCRNL ¶ 70, and Postscript II: Our Competitive System, 38 NCRNL¶ 3. They think the process is cumbersome, takes too long, and is too expensive. In Postscript II, they argued that the competitive system (rules and procedures) is badly designed and maladapted to present circumstances. In this article, they want to show, by way of example, that the system is worse when the bad design is poorly executed.

    See POSTSCRIPT III: OUR COMPETITIVE SYSTEM by Vernon J. Edwards.

  10. It is now more than half way through the month of January 2024 and the Armed Services Board of Contract Appeals (ASBCA) has not checked in, paid for itself, or something or other.  This is not out of the ordinary for a U. S. government site.  Many of the government sites that I use to post contracting information have not issued anything since December 2023 or earlier than that.

    Here is what I currently get when I try to access the ASBCA.

    If you find the ASBCA, please let me know by posting it here.  Thankyou.

  11. Quote

    (a) Sealed bids. (See part  14 for procedures.) Contracting officers shall solicit sealed bids if-

    (1) Time permits the solicitation, submission, and evaluation of sealed bids;

    (2) The award will be made on the basis of price and other price-related factors;

    (3) It is not necessary to conduct discussions with the responding offerors about their bids; and

    (4) There is a reasonable expectation of receiving more than one sealed bid.

    Jamaal:

    I remember trying to find the first instance of that line being used in the FAR, FPR or ASPR.  If I remember correctly, it was a cut and paste job from the predecessors of the FAR to the FAR.  

  12. 4 hours ago, Vern Edwards said:

    As I will demonstrate next month in a follow-up to the article Bob has posted here, no grandiose "renaissance" will improve the competitive system until working level folks focus on what's happening closer to home. Don't expect anything from the high-level folks. Every majorr reform has failed, including, as you will see, commercial items (products and services).

    By the way, I am in New Bedford, Massachusetts, at the New Bedford Whaling Museum, for the 2024 annual 25-hour Moby Dick Marathon Reading. We set sail and the First Watch begins Saturday, at 12:00pm, and the Sixth (and final) Watch ends at 1:00pm on Sunday. People have come from all over to pay tribute to Herman Melville's great masterpiece. I am scheduled to read (with a big magnifying glass) during the Third Watch, at about 11:00pm on Saturday. I made it through the who thing without sleeping during last year's Marathon, and I I plan to do it again. And then the great shroud of the sea will roll on until next year.

    "It is not down on any map; true places never are."

    It may not be a Perfect Storm but your reading could be during a Nor'easter if the storm forms properly.  If it forms, I hope it doesn't match The Storm of the Century.  (I can't help myself.)

  13. 7 hours ago, Jamaal Valentine said:

    Defense Acquisition University offers “a generalized order of events in the acquisition contracting process.” It looks more like an island-hopping campaign through FAR.

    Click here: Contracting Subway Map

    Also, the Department of the Army uses a similar tool called Contracting Compass. It doesn’t indicate a chronological arrangement to FAR either.

    Hopefully these tools will be useful to some readers. Thanks for the participation!

    Comparing the subway (from the article) as "a generalized order of events in the acquisition contracting process" is a terrible idea.  I still remember Metro Center in the D. C. Metro.  Three levels of crazies running up the steps and down the steps to meet in the middle and running into each other while trying to squeeze into an open subway door before it closed.  It was always a near death experience.

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