text:
Assassin's Creed 4: Black Flag screens show Blackbeard, sword kills and jungle stealth
Assassin's Creed 4: Black Flag has received a new batch of screens and concept art, revealing more of its dense, island jungles and Edward Kenway's cutlass kills.
We've got even more Assassin's Creed 4: Black Flag screens here. Check them out.
Thanks OXM.
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subset: commoncrawl


text:
Metro Center 12
9615-A Metro Parkway West,
3 people favorited this theater
Showing 4 comments
March 19th, 1999 grand opening ad by Harkins in photo section.
<<< "The Metro Center Cinema III opened in 1980" >>>
The Metro Center Cinema I-II-III opened several years before 1980. The mall in which the theater was located opened in 1973, and the theater opened shortly thereafter (either 1974 or 1975).
The Metro Center I II III were located inside the Metro Center Mall adjacent to the food court and ice skating rink on the second floor.
This theatre was run by GCC and was bought by Harkins Theatres in 1993. It has since been remodeled and expanded to an eleven plex. Of the three multiplexes around Metrocenter, this is the only plex still open.


text:
Buttery Yellow Citrus Cake
The light, crisp flavors of lemon and lime make a delightful combination in this layer cake recipe. A lemon whipped cream frosting accents the citrus taste.
Buttery Yellow Citrus Cake
- Let butter and eggs stand at room temperature for 30 minutes. Preheat oven to 375 degrees F. Grease and lightly flour two 9x2-inch round baking pans; set aside.
- In medium bowl combine flour, baking powder, 1/2 tsp. salt, and baking soda; set aside. In large bowl beat butter on medium 30 seconds. Gradually beat in sugar until combined; beat 2 minutes more. Add yolks one at a time, beat well after each addition. Add flour mixture and milk alternately; beat on low after each just until combined. Stir in peels and juices. Spread batter in prepared pans.
- Bake for 20-25 minutes or until pick inserted near centers comes out clean. Cool in pans on racks 10 minutes. Remove from pans; cool.
- Prepare Lemony Frosting. Place one layer flat side down on plate; spread top with frosting. Stack second layer flat side down; spread remaining frosting. Serve immediately or cover and refrigerate. Makes 12 servings.
Lemony Whipped Cream Frosting
- In large chilled bowl beat whipping cream, powdered sugar, and instant vanilla pudding on medium-high until stiff peaks form. Fold in lemon peel. If made ahead, chill 24 hours; stir before spreading. Makes 3-1/2 cups.
Nutrition Facts (Buttery Yellow Citrus Cake)
- Per serving:
- 499 kcal cal.,
- 29 g fat
- (18 g sat. fat,
- 1 g polyunsaturated fat,
- 8 g monounsatured fat),
- 192 mg chol.,
- 303 mg sodium,
- 55 g carb.,
- 1 g fiber,
- 32 g sugar,
- 4 g pro.
- Percent Daily Values are based on a 2,000 calorie diet


text:
I'm new to AirPlay. I want to find a good tutorial to learn about Airplay and its APIs and how I can use it for sharing my iPhone screen on my Mac device.
What I learned:
- iPhone 4S+ will support AirPlay, but how can I make my Mac capture the screen of iPhone?
- RTSP and RTP Protocols are used. Do we have to implement it in our code?
In the link http://spin.atomicobject.com/2012/04/23/ios-mirroring-and-programmatic-airplay-selection/
I didn't get what author meant by
What developers cannot do:
i. Allow users to enable mirroring within an application.
ii. Programmatically select remote screens or provide an alternative selection method outside of MPVolumeView.
Please help me to learn more about it.


text:
Dragon's Dogma: Dark Arisen allows save transfer, has Japanese VO option
Dragon's Dogma: Dark Arisen will contain the option for Japanese voice overs and will allow users to transfer saved game data over once the game is installed, according to Famitsu.
The large expansion for the Capcom RPG will be released on disc in Japan, and contains more character customization options, new armor and weapons, and a large new Dungeon located in Bitterblack Isle.
New adversaries to hack and slash include the Greater Goblin, Goblin Shaman, the Prisoner Cyclops and Death himself.
Dragon's Dogma: Dark Arisen is slated for release next year on PS3 and Xbox 360.
New screenshots were posted earlier in the week.
Sometimes we include links to online retail stores. If you click on one and make a purchase we may receive a small commission. For more information, go here.


text:
Star Tracks: Monday, May 16, 2016 42 years, 2,191 covers and 55,436 stories from PEOPLE magazine's history for you to enjoy
Latest News!
- FROM EW: Star Wars Production Company Pleads Guilty over Harrison Ford Set Accident
- Read the Cover Story: JFK Jr.: The John We Loved
- Little People, Big World's Amy Roloff Opens Up About Her 'Exciting, Scary, Adventurous, Uncertain' Life After Divorce
- All the Details on Laguna Beach Alum Alex Murrel Johnson's Beach-Themed Nursery for Son Levi
- Dog Caught in Tether Chews Off Part of Foot to Escape
On Newsstands Now
- Matthew McConaughey: In His Own Words
- Jessa Duggar's Wedding Album
- Brittany Maynard's Final Days
Pick up your copy on newsstands
Click here for instant access to the Digital Magazine
People Top 5
LAST UPDATE: Tuesday February 10, 2015 01:10PM EST
PEOPLE Top 5 are the most-viewed stories on the site over the past three days, updated every 60 minutes
- November 12, 2001
- Vol. 56
- No. 20
Actor William Baldwin, 38, and his wife, songstress Chynna Phillips, 33, welcomed their second child, son Vance Alexander, on Oct. 23 in New York City. The couple, who wed in 1995, have a year-old daughter, Jameson....
Celebrity photographer Annie Leibovitz, 52, gave birth to her first child, Sarah Cameron Leibovitz, on Oct. 16. The father has not been named....
Belgian Crown Prince Philippe, 41, and his wife, Princess Mathilde, 28, had their first child, Elisabeth, on Oct. 25. According to a 1991 law granting women equal rights to the throne, the new princess is expected to become Belgium's first ruling queen.
On Oct. 24 in New York City, rapper Sean "P.Diddy" Combs, 32, failed to appear in court to resolve a child-support battle with model Kim Porter, the mother of his son Christian, 3. Judge David Kirshblum said he may issue a warrant for the pop star's arrest if he fails to show up for the next hearing on Dec. 5.
Former football great O.J. Simpson, 54, was acquitted on charges of auto burglary and battery in Miami on Oct. 24. Simpson, who was cleared of criminal charges in the 1994 slayings of ex-wife Nicole Brown Simpson and her friend Ronald Goldman, was accused of grabbing a motorist's glasses and scratching his face during a Dec. 4 road-rage incident.
I Do!
Paula Jones, 35, whose sexual-harassment lawsuit against President Clinton ignited a chain of events that eventually led to his impeachment, married Steven Mark McFadden, 39, a salesman, in Little Rock, on Oct. 27. It's the second trip down the aisle for Jones, the first for her new groom.
Hannibal star Julianne Moore, 40, and her live-in love of four years, director Bart Freundlich (The Myth of Fingerprints), 31, are expecting their second child next year. Son Caleb is 3.
During an Oct. 25 Internet auction, the Henry Ford Museum in Dearborn, Mich., paid $492,106 for the bus on which Rosa Parks, an African-American seamstress, refused to give up her seat in 1955, sparking the beginning of the civil rights movement.
Princess Soraya Esfandiari Bakhtiari, 69, the second wife of the former Shah of Iran, died of undisclosed causes in Paris on Oct. 25. The Shah divorced Soraya in 1958 after seven years of marriage failed to produce any children....
Billionaire Daniel Wildenstein, 84, one of the world's leading art dealers and patriarch of a family that owns prestigious galleries, died of undisclosed causes in Paris on Oct. 23....
Actor Eugene Jackson, 84, who starred in the Our Gang silent films of the 1920s, died of heart failure at his home in Compton, Calif., on Oct. 26. Dubbed "Pineapple" because of his startling Afro, Jackson had appeared more recently in TV's Sanford and Son.
Princess Margaret, 71, Queen Elizabeth's younger sister, was admitted to a London hospital on Oct. 29 for undisclosed tests. The princess previously had two strokes, which left her partially paralyzed on her left side, but a Buckingham Palace spokeswoman said, "There is no cause for alarm."
More in the Archive
Today's Photos
Treat Yourself! 4 Preview Issues
The most buzzed about stars this minute!


text:
This section contains 7,262 words
(approx. 25 pages at 300 words per page)
SOURCE: Hall, Jonathan L. "'Every Man of Them Almost Was a Volume of Voyages': Writing the Self in Melville's Redburn." American Transcendental Quarterly 5, no. 4 (December 1991): 259-71.
In the following essay, Hall discusses Melville's unconventional use of the maturation process and the construction of individual identity in Redburn.
Redburn (1849) is the closest Melville had ever come—or ever would come—to obeying the formal conventions of the mid-nineteenth-century novel. Yet for years criticism often centered on the difficulty of describing the relation of the young protagonist to the older narrative voice which claims a continuity with him. Melville was found guilty of "neglecting to keep his center of consciousness in Redburn's inexperience, … adding reflections that could only have occurred to someone much older" (Matthiessen 397), of a "disrupting shift in the angle of vision...
This section contains 7,262 words
(approx. 25 pages at 300 words per page)


text:
Jonathan's blog.
Keywords: concept spaceship art environment designs from jonathan bach attended art center college of design worked for lucasfilm spark unlimited hotwheels los angeles california
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Sadly, We lost a big legend in the Sci-Fi concept art world yesterday. Mr. Ralph McQuarrie has passed away at the age of 82. I've alway...
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Jenny Craig Center - Decatur, IL
- WebMD Physician Directory of Decatur Doctors
- Related Jenny Craig Articles
- Decatur Emergency Contacts
- Nearby Decatur Hospitals
- Find a Local Pharmacy on RxList - Decatur
Decatur Doctors and Specialists for Jenny Craig
Jenny Craig
What It Is
Jenny Craig isn't a Janie-come-lately to the diet field. The program began in 1983 in Australia and started U.S. operations in 1985.
The Jenny Craig method is a three-level food-mind-body plan to...
Other Related Jenny Craig Articles
Emergency Contact for Decatur
- In case of Emergency, call 911
Nearby Decatur Hospitals results
- 1Decatur Memorial Hospital
2300 N Edward St
Decatur, Illinois 62526
(217) 877-812
- 2St Mary's Hospital
1800 E Lake Shore Dr
Decatur, Illinois 62521
(217) 464-296
- 3Dr John Warner Hospital
422 W White St
Decatur, Illinois 61727
(217) 935-957
- 4Kirby Medical Center
1000 Medical Center Dr
Decatur, Illinois 61856
(217) 762-211
- 5Taylorville Memorial Hospital
201 E Pleasant St
Decatur, Illinois 62568
(217) 824-333
- 6Abraham Lincoln Memorial Hosp
200 Stahlhut Dr
Decatur, Illinois 62656
(217) 732-216
- 7Shelby Memorial Hospital
200 S Cedar St
Decatur, Illinois 62565
(217) 774-396
- 8Pana Community Hospital
101 E 9th St
Decatur, Illinois 62557
(217) 562-213
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text: Hi guys not sure if this the right place but hoping someone can help! We're currently finishing off a website for a client and as I'm adding on variations at about 40 it breaks! I've got the hosting company to increase the var to max, and this morning I've added on all the new variations and still the same, any ideas what else could possibly be could be causing this issue? This is probably the biggest product line the client will have with 4 attributes total variations is about 350


text:
Four new Persona PSP movies appear
After the break. The RPG remake ships in Japan in April, and there's no news of this coming west.
There's no voice acting in the game at all, from the look of it, so an English translation for the US isn't the most ridiculous thing to imagine.
Take a look. From Siliconera, via Destructoid.
Sometimes we include links to online retail stores. If you click on one and make a purchase we may receive a small commission. For more information, go here.


text:
Top Definition
Sending a message through whatsapp. Can be used to refer a message that was sent earlier through whatsapp.
I whatsapped you yesterday. Did you check that?
by Aman.S.Aneja December 25, 2012
Trending Now
To be put on in a ruthless manner, for no reason at all
I just got whatsapped
by Remo89 August 08, 2015


text:
- 31/5/2016
- Otsuka Holdings Announces New,
Additional Certification Under "ISO 22301",
the International Standard for Business Continuity Management (PDF:167KB)
- 28/4/2016
- Patients with Advanced Metastatic Colorectal Cancer in Europe Now Have New Treatment Option as LONSURF® (trifluridine/tipiracil) Receives EU Approval
- 11/4/2016
- MSD and Taiho Enter into Co-Promotion Agreement in Japan for Pembrolizumab, MSD's Immune Checkpoint Inhibitor (Anti-PD-1 Therapy) (PDF:148KB)
Taiho continues to concentrate all its intellect and passion on the creation of innovative pharmaceuticals. Toward this end, the company is determined to ensure that its people and organizations never lose their youthfulness and vitality as it aspires to be worthy of the trust of people around the world.
- To view PDF contents, you need the latest version of the Adobe Reader.
- To view Flash contents, you need the latest version of the Adobe Flash Player.


text:
Preamble: I am trying to integrate my C# csproj with the rest of our C++ and C++/CLI code-base cmake build. I have received advise against trying to do this, because CMake doesn't co-operate well with .NET in Visual Studio, but after implementing some customizations, I feel that I am very close.
Part of my customization is using the configure_file command to edit the csproj file at CMake time, to customize it depending on the type of build (e.g. x86, x64) that is happening.
The problem is that I use some ProjectReference tags to reference the C++/CLI projects:
<ProjectReference Include="..\..\WrapperProject\WrapperProject.vcproj">
... and the GUIDs cannot remain static, since they change for the project whenever the CMake cache is rebuilt (correct me if I'm mistaken).
So what I would like to do is find our at CMake time what GUIDs are planned for these projects and to edit the vcproj file accordingly.
Google tells me that people are able to use 'set_property' to set the GUID, like so:
set_property(CACHE ${target_name}_GUID_CMAKE PROPERTY VALUE ${MY_GUID} )
... but I can't seem to find the getter equivalent. I've tried things like this:
get_property(WRAPPER_GUID CACHE INTERNAL PROPERTY WrapperTargetName_GUID_CMAKE)
... without luck. Your help is appreciated!


text:
An Enterprise Service Bus (ESB) provides efficient means to connect applications among themselves and to share data and functionalities. These applications may employ disparate form of service to expose some or all of their functionalities. This is shown schematically in Figure 1 for the currently available ESBs. The most important thing to note from this figure is that each application connects to the ESB using a specific port type. In other words, each port type caters to applications of a specific type which use specific communication protocol and message/data format type to expose their functionalities.
Figure 1. Applications connecting through conventional ESB using specific port types
In the first installment you also learned about some of the common problems in the use of currently available ESBs which use specific port types. These problems and inconveniences include use of multiple communication protocols by an application, switching of communication protocol by an application, extending the use of ESB to new communication protocols, scalability to large number of applications, and general maintenance and update of an ESB.
To overcome these short comings of the present day ESBs, a new ESB type was proposed in the second installment, Part 2 of this series. This new type of ESBs would employ a single universal port type which can cater to most or all application types as shown in Figure 2. This will eliminate the need for developing and deploying new port type for each new application type and would lead to much greater code re-use.
Figure 2. Applications connecting to an ESB using a single port type (Universal Port)
In order to understand the concept of the Universal port type, an analogy with the computer hardware such as a PC would be helpful. Before the advent of USB ports, in order to connect different devices such as a printer, a flash memory, or a removable hard drive, to the computer, the computer required the existence of the different port types. Each port type catered to a specific device type. Thus, to connect a printer to the computer a specific port type would have to be built into the computer. Similarly, a different port type had to be present in the computer to connect an extra hard drive. However, more recently with the invention of USB ports, the need for separate port types for each device type has been eliminated and now almost any device could be connected to the computer using a single port type called USB port.
This new type of ESB with Universal Ports offer a large number advantages over the conventional ESBs. Some of these benefits are on the ESB side while others are on the connecting applications side. We will first discuss the benefits on the ESB side in the next section.
Benefits on ESB Side
On the ESB side, the most important benefits of the use of Universal Ports are:
After the Universal Ports are in implemented on the ESB, most of the users of the ESB will see huge simplification in the use of the ESB. This simplification primarily will result from the ease with which Universal Ports can be configured. Since code behind each would be the same, the only important configuration element will be to associate a Universal port with the port on the Machine or Computer on which the ESB is running. This will be a great simplification compared to the current situation in which almost all ports are custom ports and there is proliferation of the type of ports. It is also important to note that the Universal Port is a very light weight component compared to the present ESB port components. The only purpose of a Universal Port is to determine the communication protocol being used by a connecting application and then to forward the request to the appropriate protocol processor in the body of the ESB as shown in Figure 3.
Figure 3. Universal Port as a light weight component with most processing occuring inside the body of the ESB
Ease of Extendability
It will be easy to extend the ESB to service new communication protocol. In fact, it will make it possible to install a new protocol processor by downloading the code and registering the new protocol with the ESB. To understand this extendibility, consider the analogy with a new hardware device connecting through an USB port. The code, called driver, is usually downloaded from a web site and it gets registered. In a similar manner, that is all one has to do to start using a new protocol using an ESB port.
Code Reuse and Ease of Maintainability and Updates
In the new scheme, a single copy of the code for each protocol will reside in the body of the ESB. This will be in sharp contrast to the present implementations of ESB, where in the code for each protocol belongs to individual ESB ports and multiple copies of the same code can exist in different ESB ports. Thus, in case of Universal Ports there will be much higher degree of code reuse. This code reuse will result in a more consistent behavior of the ESB. Furthermore, the code will be easy to maintain and update since the code will exists in a single place.
Because of the huge simplification in process of configuring ports on an ESB, a large number of ports can be configured easily and quickly. This will allow a large number and types of applications to connect to the ESB, thus yielding high level of scalability in terms of types and number of applications that can be integrated. The use of Universal Ports, will also allow runtime scalability in terms of number of calls to the ESB. This type of scalability can be achieved because each protocol processor will be part of the body of the ESB, we can have multiple instances of each protocol processor, and each of these protocol processors can be reused by multiple Universal Ports.
Benefits on the Application Side
The most important benefits (on the connecting applications side) of the use of Universal Ports are the following:
No Code Changes Required
The introduction of Universal ports will not require any major, if any, modifications for applications which currently are connected to the ESB. This is a great benefit because the transition from a conventional ESB to the new ESB type with Universal Ports can be made without the applications being aware of the change.
Freedom to Use Any Protocol
Typically the runtime environment of the application allows the application only one way/protocol to connect to the ESB and this protocol must match the protocol that is available on a given port on the ESB. For example for an application to be able to use MQ as the transport, some version of MQ must have been installed on the machine on which the application is running. Use of Universal Ports will allow an application to use any protocol which the runtime environment allows and the problem of matching the application protocol with the protocol on the ESB side will be eliminated. This may also reduce some of the runtime requirements on the application side.
Convenience of Switching Protocol
In the IT world, requirements can change frequently. In addition, new requirements can appear. In particular, the changed requirements may require the change of the communication protocol being used by an application to connect to the ESB. Examples of such new or changed requirements are: new requirements as regards transactions, security, reliability, and persistence. The use of the Universal ports would make it very easy for the application to switch protocol any time since it will not require any change (or will need minimal change) on the ESB side.
Use of Multiple Protocols by an Application
It is not uncommon for different components/[parts of an application to use different protocols to communicate with ESB and other applications. For example, it is fairly common for the different parts of a Legacy (COBOL) application running on mainframe to use different protocols such as Web Services, MQ, or Gateway. The use of Universal Ports will allow different parts of the application to connect to the ESB using the same computer port. This will help simplify configuration for such a connection.
In this third installment, Part 3 of the series you learned that there are a large number of benefits that the new ESB with Universal Ports enjoys over the conventional ESBs with ports specific to a communication protocol and message format type. Some of these advantages are on the ESB side while the others on the connecting application side.
This concludes this series on the new ESB type with Universal Ports. In Part 1 of this series you learned that there a number of problems associated with the use of currently available ESBs with ports specific to communication protocol and message format type. In the Part 2 of this series you learned about the concept of Universal Ports and how to implement these Universal Ports. Lastly, in Part3 of this series you learned that there are a large number of benefits, both on the ESB side and the connection application side, of the use of the Universal Port type. It is important to note that IBM has pending patents in this area and more details of the ideas presented here can be found in these patent applications.
- A recent book : "SOA-Based Enterprise Integration" is an excellent source for a step-by-step approach to SOA and Web Services.
- In the SOA and Web Services area on developerWorks, you will find articles, tutorials, standards, and other technical resources for web services and SOA.
- A very good source on the basics of ESB is Chapter 8 of the book : "SOA-Based Enterprise Integration"
- Another execellent source on the basics of ESB is a developerworks paper: Services-based enterprise integration patterns made easy, Part 4: Enterprise service bus"
- For information on IBM's premier ESB product, WebSphere Message Broker (WMB), visit Message Broker Information Site"
- For information on a low cost ESB product from IBM, visit WebSphere Enterprise Service Bus
- For information on hardware-based ESB products, visit WebSphere DataPower SOA Appliances
- To learn more on communication protocols such as HTTP, visit: HTTP
- An execellent source for information on SOAP meassage format is SOAP Wikipedia
- Play in the: IBM SOA Sandbox,Increase your SOA skills through practical, hands-on experience with the IBM SOA entry points.
- The IBM SOA Web Site, offers an overview of SOA and how IBM can help you get there.
Dig deeper into SOA and web services on developerWorks
- Overview
- New to SOA and web services
- Technical library (tutorials and more)
- Downloads and products
- Open source projects
- Standards
- Events
developerWorks Premium
Exclusive tools to build your next great app. Learn more.
developerWorks Labs
Technical resources for innovators and early adopters to experiment with.
IBM evaluation software
Evaluate IBM software and solutions, and transform challenges into opportunities.


text:
Awards & Highlights
Product Awards & Recognition:
Consulting-Specifying Engineer 2016 and 2015 Product of the Year Finalist Awards
Plant Engineering 2015 Product of the Year Finalist Award
EC&M Magazine 2013 Category Winner
GCN Magazine Product of the Month: SSG-RP UPS
Falcon's technical articles are highly respected by readers worldwide - a UPS tutorial was EE Times Europe's "most read article" in power management.
"Falcon's SSG-RP is a UPS with brains and brawn...the Navy SEAL of the UPS world..."
"Falcon Electric makes the best UPSes available, so we've standardized on them. What's good enough for NATO, Lucent and General Atomics, is good enough for us."
"If your work is worth anything, it's worth protecting with a UPS, and Falcon is the best I know of. Highly recommended."
Why Do Customers Prefer Falcon?
L-3 Communications
"…I was faced with a delivery dilemma…and their engineers bent over backwards to help me out. My deadline was met, on time and on budget."
Allis Chalmers Energy
"…(Falcon's) UPSes take quite a beating; however, they work flawlessly—unlike other electronic equipment that can't operate in harsh environments."
Water Services Division, City of Aurora, Colorado
"the Falcons we have been using are rock solid and we have been very happy with them."
CIS Secure Computing
"Falcon Electric is one of the best suppliers we have worked with in some time. Their engineering support has been superb throughout the entire project..."
El Paso Water Utility
"…the instruments plugged into the "Smart-UPS" failed the test run and that the only equipment completely unaffected by the power event was the one plugged into the Falcon."


text:
I'm trying to jig a work website that was not created by me and was not completed. Have very little code writing knowledge. I ran into trouble because I'm uploading live as I havent' been able to work out how to do a sandbox. There was a logo and slogan above the menu box at the top but whatever I've done, it has now vanished. Please help! Website is http://www.auslink.net.au
The following is what is in the stylesheet.
[No need to post CSS code here -- it's all visible on your site]


text:
Featured Entries
Has Your Office Been Infiltrated?In January 1944, the Office of Strategic Services, a wartime intelligence agency and predecessor to the modern Central Intelligence Agency (CIA), issued Strategic Services Field Manual No.3 (Simple Sabotage Field Manual) to its agents to aid the Allied war effort in Europe. The purpose of the classified document was to explain the technique of simple sabotage, outline its possible effects, and present suggestions for inciting and executing it. It introduced the concept of simple sabotage as follows: The manual goes on to describe two types of simple sabotage: destructive and nondestructive. Regarding the latter type, the manual explains that— The manual has a section titled "Specific Suggestions for Simple Sabotage" that provides suggestions for how to execute simple sabotage for different targets. There are suggestions on how to innocently start fires in buildings, set off automatic sprinklers to ruin warehouse stock, change sign posts at intersections and forks, dilute gasoline with water, wine, or urine so it won't combust, and other Dennis the Menace type hijinks. What seemed most familiar were the suggestions under "General Interference with Organizations and Production." Here are a few: The manual was declassified in 2008, but I suspect it fell in to enemy hands long before that. The question is, though, why is the enemy targeting Federal contracting offices?
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It's been a very busy week in government contracting with the SBA issuing its final rule on the small business mentor-protege program. It has given us here at Koprince Law a lot to read over and blog about so that SmallGovCon readers can stay abreast of all of the changes packed inside this lengthy document.
But as important as the mentor-protege rule is for small and large contractors alike, it's not the only government contracts news making headlines this week. In this week's SmallGovCon Week in Review, you'll find articles on proposed new whistleblower protections, opportunities for small businesses at the close of the fiscal year, significant pricing discrepancies under GSA Schedule contracts, and much more.
- A new bipartisan measure would give subgrantees and personal services contractors the same whistleblower protections currently afforded contractors, grant recipients and subcontractors. [Government Executive]
- An advocacy group for small businesses is once again claiming that giant corporations are reaping billions from federal small business contracts. [Mother Jones]
- It's not too late to get in on the fourth quarter government spending bonanza so long as you are a company that has some prospects in the pipeline. [Federal News Radio]
- DoD's new procurement evaluation process is moving toward objectivism and a more mathematical system of judgement, as part of an overall shift in favor of Lowest Price Technically Available evaluations. [Federal News Radio]
- Officials at five Army components failed to fully comply with rules for evaluating contractors' past performance when awarding those firms work. [Government Executive]
- An audit report shows that Army officials did not consistently comply with requirements for assessing contractor performance. [Office of Inspector General]
- IT reseller contracts present significant challenges for the GSA's schedules program, according to a GSA IG report. [Office of Inspector General]
- Nearly half of the Democratic House caucus asked defense authorization conferees to remove "harmful language" narrowing the application of the Fair Play and Safe Workplaces executive order. [Bloomberg BNA]
- Small businesses can find plenty of opportunities as the curtain comes down on the federal fiscal year. [Government Product News]
- An update to the Freedom of Information Act was signed into law earlier this month and mandates a presumption of openness, and adds new appeal rights for citizens whose requests are denied. [Federal News Radio]
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Reproduced with permission from Federal Contracts Report, 105 FCR (July 27, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
HHS Couldn't Justify IT Competition Cancellation, COFC Says
The Department of Health and Human Services couldn't justify its cancellation of an IT competition that a protester claimed was tainted by bias, the U.S. Court of Federal Claims said (Starry Assocs. Inc. v. United States, 2016 BL 241279, Fed. Cl., No. 16-44C, 7/27/16).
Judge Eric G. Bruggink set aside the cancellation because there was no evidence the agency meaningfully reviewed its IT needs before making that decision. The court also barred several agency employees from participating in any subsequent competition actions.
The case "shows the recent trend that courts will hold federal agencies accountable for arbitrarily canceling solicitations or failing to take meaningful corrective actions. In this case, we have both," Wojciech Z. Kornacki of Centre Law & Consulting LLC told Bloomberg BNA.
It was noteworthy that the court granted injunctive relief, Kornacki said. "The court felt that the public interest favored the injunction because the public had an interest in the integrity of the federal procurement," he said. "The court found that the agency actions reflected 'a lack of fidelity to the procurement process.'"
This action was necessary for Starry to get access to discovery tools, like depositions, that aren't available at the Government Accountability Office, said Sandy Hoe, senior of counsel at Covington & Burling LLP. "But that discovery tool in a bid protest is limited to extraordinary situations such as here," he said. "I would expect to see that tool being used in very few other circumstances."
Prohibiting the government from canceling a solicitation is unusual, he added.
"The reasoning makes sense given the bias here, but that relief is only a few steps short of the court directing an award to a party, which is virtually never done," he said. "Another option the court might have exercised was to order the agency to pay Starry's bid and proposal costs and allow the solicitation to be canceled.
"Apparently, the court was not willing to let the agency off the hook so easily given the agency's bad conduct," Hoe said.
Award Affirmed
Incumbent protester Starry Assocs. Inc. filed a protest with the Government Accountability Office (GAO) after the agency awarded a task order to Intellizant LLC. The agency took corrective action by re-evaluating quotations, but then affirmed the award.
Starry filed a second protest that the GAO partially sustained, recommending that the agency re-evaluate Intellizant's quotation. Shortly thereafter, the agency canceled the solicitation.
Starry protested the cancellation as pretextual and biased because it argued the agency was trying to steer the award toward Intellizant. The GAO rejected the protest, so Starry pursued the matter with the court (105 FCR 22, 1/12/16).
In April, the court granted Starry's request to depose agency officials because Starry made a strong bias case against an agency official who previously worked for Intellizant (105 FCR 306, 4/12/16).
Reevaluation Not Serious
The court concluded that it didn't have to reach a decision on the bias claim because the cancellation was clearly arbitrary.
Once agency officials selected Intellizant, any other result was unwelcome and not seriously considered, the court said. Officials told the GAO and Starry they would undertake a serious re-evaluation of Intellizant's proposal, but the record didn't reflect such an effort, the court found.
The agency official charged with the cancellation decision said the cancellation was reasonable because other contract vehicles could meet the agency's needs. However, the record didn't show that he compared those vehicles, and his supervisor and colleagues didn't double-check his assertion.
Agency officials also said Starry would have received the award had the GAO's recommendation been followed. Therefore, the court set aside the cancellation decision, and said the agency should again re-evaluate Intellizant's proposal, as the GAO said in its second decision.
In addition, the court enjoined certain officials from participating in any subsequent agency actions in this competition.
Depositions with those officials "provide an illuminating, if depressing, window" into how they misrepresented the quality of their evaluation, the court said.
Specifically, one official rated Intellizant as technically acceptable despite having insufficient knowledge of the agency's software, the court said.
The post Wojciech Kornacki Quoted in Bloomberg BNA Article on HHS IT Competition Cancellation appeared first on Centre Law & Consulting.
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In January 1944, the Office of Strategic Services, a wartime intelligence agency and predecessor to the modern Central Intelligence Agency (CIA), issued Strategic Services Field Manual No.3 (Simple Sabotage Field Manual) to its agents to aid the Allied war effort in Europe. The purpose of the classified document was to explain the technique of simple sabotage, outline its possible effects, and present suggestions for inciting and executing it. It introduced the concept of simple sabotage as follows:Quote
Sabotage varies from highly technical coup de main acts that require detailed planning and the use of specially trained operatives, to innumerable simple acts which the ordinary individual citizen-saboteur can perform. This paper is primarily concerned with the latter type. Simple sabotage does not require specially prepared tools or equipment; it is executed by an ordinary citizen who may or may not act individually and without the necessity for active connection with an organized group; and it is carried out in such a way as to involve minimum danger of injury, detection, and reprisal.
The manual goes on to describe two types of simple sabotage: destructive and nondestructive. Regarding the latter type, the manual explains that—Quote
"It is based on universal opportunities to make faulty decisions, to adopt a non-cooperative attitude, and to induce others to follow suit. Making a faulty decision may be simply a matter of placing tools in one spot instead of another. A non-cooperative attitude may involve nothing more than creating an unpleasant situation among one's fellow workers, engaging in bickerings, or displaying surliness and stupidity.
This type of activity, sometimes referred to as the 'human element,' is frequently responsible for accidents, delays, and general obstruction even under normal conditions. The potential saboteur should discover what types of faulty decisions and non-cooperation are normally found in his kind of work and should then devise his sabotage so as to enlarge that 'margin for error.'"
The manual has a section titled "Specific Suggestions for Simple Sabotage" that provides suggestions for how to execute simple sabotage for different targets. There are suggestions on how to innocently start fires in buildings, set off automatic sprinklers to ruin warehouse stock, change sign posts at intersections and forks, dilute gasoline with water, wine, or urine so it won't combust, and other Dennis the Menace type hijinks. What seemed most familiar were the suggestions under "General Interference with Organizations and Production." Here are a few:Quote
(a) Organizations and Conferences
(1) Insist on doing everything through "channels." Never permit short-cuts to be taken in order to expedite decisions.
(2) Make "speeches." Talk as frequently as possible and at great length. Illustrate your "points" by long anecdotes and accounts of personal experiences. Never hesitate to make a few appropriate "patriotic" comments.
(3) When possible, refer all matters to committees, for "further study and consideration." Attempt to make committees as large as possible—never less than five.
(4) Bring up irrelevant issues as frequently as possible.
(5) Haggle over precise wordings of communications, minutes, resolutions.
(6) Refer back to matters decided upon at the last meeting and attempt to re-open the question of the advisability of that decision.
(7) Advocate "caution." Be "reasonable" and urge your fellow conferees to be "reasonable" and avoid haste which might result in embarrassments or difficulties later on.
(8) Be worried about the propriety of any decision—raise the question of whether such action as is contemplated lies within the jurisdiction of the group or whether it might conflict with the policy of some higher echelon.
(b) Managers and Supervisors
(9) When training new workers, give incomplete or misleading instructions.
(10) To lower morale and with it, production, be pleasant to inefficient workers; give them undeserved promotions. Discriminate against efficient workers; complain unjustly about their work.
(11) Hold conferences when there is more critical work to be done.
(12) Multiply paper work in plausible ways. Start duplicate files.
(13) Multiply the procedures and clearances involved in issuing instructions, pay checks, and so on. See that three people have to approve everything where one would do.
(14) Apply regulations to the last letter.
(c) Office Workers
(7) Spread disturbing rumors that sound like inside dope
(d) Employees
(4) Pretend that instructions are hard to understand, and ask to have them repeated more than once. Or pretend that you are particularly anxious about your work, and pester the foreman with unnecessary questions."
The manual was declassified in 2008, but I suspect it fell in to enemy hands long before that. The question is, though, why is the enemy targeting Federal contracting offices?
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"A question. Since before your sun burned hot in space and before your race was born, I have awaited a question."
Star Trek, the Guardian in "The City on the Edge of Forever."
Early on in college I realized that questions were the gateway to learning. I didn't put questions to my professors very often. I asked them mainly of myself, then learned by looking for answers. It took time, which was murder under the quarter system of the University of California. (I swear, I don't think they were trying to teach us anything, just move us through the process.)
I learned that I had to ask good questions. Dumb questions (and there is such a thing as a dumb question) were the gateway to nowhere.
But what's a good question?
I have long believed that the ability to ask good questions is one of the most important skills that a contract specialist must master. The ability to ask good questions is essential to learning the various facets of the work and to doing the work well.
Suppose you are planning to negotiate a sole source contract price and you have received a price proposal and certified cost or pricing data. You've conducted a preliminary cost analysis and developed a list of questions. The time has come for face-to-face fact-finding.
Your philosophy is that cost analysis is just reverse cost estimating. In order to develop a pre-negotiation objective you intend to disassemble the contractor's cost estimate and profit objective, understand them, assess their reasonableness, put them back together and see what you get, then develop your negotiation plan.
You're sitting in the contractor's facility, across from their lead negotiator and the other members of its team. They are waiting for you. The intend to be honest. They will answer you truthfully, but they are not going to help you ask and they are not going to be forthcoming. If you want information, you are going to have to ask for precisely what you want.
So, what's your first question?
* * *
Wifcon Forum long ago transitioned from a true discussion forum into a Q&A website, and much like someone passing through Elizabeth Kubler Ross's stages of grief at the prospect of death, I have transitioned from shock, through anger and annoyance, to disappointment and depression, and finally to acceptance of what seem to me to be a lot of poor quality questions. I'm not the only one who thinks so. Some of us discuss the problem often, but behind the scenes.
What do I mean by "poor quality"? The best way to answer that is to show you some examples, all asked by persons who posted anonymously, without any user name, more than a decade ago. Here's one from early 2003:Quote
We had a FP purchase order for support services that ended 9/30/02. We did not use all of the funds on the PO. We sent a final invoice to the gov't for the remaining money not spent.
I don't have experience with a FP Purchase Order so I hope you can clarify this for me.
The invoice references FAR Part 16.202-1 which states:
A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.
Is there another FAR part that allows for us to bill for the remaining funds? Thanks. I appreciate your help[.]
Here is another, from December, 2000:Quote
What is the standard to apply when calculating an equitable adjustment for a deductive change?
We have a situation where a change was made to a construction contract that reduced the quantity of an estimated quantity CLIN by approximately 50%. The contractor submitted a REA for the change. The REA was for a share of the cost savings that resulted from the deleted work. Essentially, the contractor is saying that he is entitled to share in the cost savings because he found a way to do the work more efficiently than originally planned.
I've never seen an approach to a deductive change like this. Is it proper?
Here is another, also from 2000:Quote
What paragraphs of FAR 52.212-4 can be used for modification authority in block C of the SF 30 when modifying a delivery order written against a commercial contract? If the Government does not accept nonconforming services, why would it not be appropriate for the CO to use 52.212-4(a), Inspection/Acceptance, to deobligate what now are excess funds. Second part to this question. When can the modification authority for a delivery order ride on the modification authority used for the basic contract when the revisions to a contract have to be carried over to the delivery order.
All punctuation as in originals.
I wish I could say that those are rare examples, but they are all too common. I could have used a few from last week, but I didn't want to hurt anyone's feelings.
I'm sure that those questions made perfectly good sense to those who asked them. They might make good sense to some of you who are reading this blog post. But not to me.
Okay, so what makes a question "good"? As it turns out, that is not as easy a question to answer as you might think.
I wanted to write a well-reasoned answer to my own question, which itself might be a dumb question, so over the course of the past several months I have read extensively and sometimes deeply in the theory of questions. (The theory has a name: erotetics) and the practice of questioning. It is an important part of logic, science, rhetoric, law, and semantics, and works range from the highly technical, such as Belnap, The Logic of Questions and Answers (Yale, 1976) and Harrah, "A Logic of Questions and Answers," Philosophy of Science, Vol. 28 (1961) pp. 267-273, to those that are more readily accessible to nonspecialists, such as the entry, "Questions," at the Stanford Encyclopedia of Philosophy, http://plato.stanford.edu., the entry "Questions," in The Encyclopedia of Philosophy, Vol. 7 – 8, and in The Theory of Questions: Erotetics through the Prism of its Philosophical Background and Practical Applications, by Anna Brożek (Rodopi, 2011).
A search of the internet led me to a lot of advice about how to ask a good question. You can find an example of such advice (a pretty decent one) at this site:
You can find another example here:
The advice strikes me as sound, though not entirely satisfying.
Recently, however, I came across something that stopped me in my tracks -- a short article by Wendell Johnson (1906 – 65), "How to Ask a Question," published in Journal of General Education in April, 1947, republished in ETC: A Review of General Semantics (Winter 1948), and published again in a retrospective in ETC: A Review of General Semantics (Fall 1983). You can find it here: http://www.jstor.org/stable/42576616?seq=1#page_scan_tab_contents, but you need a subscription or access through a university or public library.
It's very short, only five pages, but dense. The author packed a lot of thinking into those pages. You have to read deeply. I have added it to my list of essential reading for contracting practitioners.
Because it may not be readily accessible by all, here are a few quotes to give you the flavor of the thing:Quote
Even among college upper classmen and graduate students one finds in varying degrees a naive belief that there are knowers -- that the way to get the answer to a question is simply to ask the man who knows it.
* * *
[T]he techniques of fruitful inquiry necessarily involve certain ways of using language, particularly in the framing of questions. Just any old string of words, arranged grammatically and with an interrogation mark at the end, won't do.
* * *
[A]n answerable question is one that implies the observations, or reliably reported observations, needed to answer it. Any question that does not meet this test -- any question, that is, for which no specifications are supplied as to the particular observational procedures to be used in answering it -- is to be classified as meaningless for purposes of fruitful inquiry, as nonsense from an investigative point of view. From a psychiatric point of view it may be richly meaningful, of course. This is to say that anyone who can analyze and interpret such a question in a way that clarifies the confusion of the one who asks it qualifies, to this extent, as a psychiatrist . Anyone who unhesitatingly answers the question, without recognizing its meaningless character, qualifies as surely as a fool . One may, with benefit, regard this as one of the more important items in that vast category known as useful but seldom used information.
* * *
The fundamental skill to be taught is that of specifying the procedures to be used in making the observations needed to answer any questions one asks -- and in specifying the terms in which the observations are to be reported . Except as the questioner provides these specifications, he can hardly expect anyone else to divine what he is asking, nor can he be depended upon to recognize the answer himself if by some odd chance it should appear.
But my favorite quote in the piece, and one of my all-time favorite quotes, is this:Quote
It is known almost as widely as it is disregarded that a fool is one who knows the answers to the questions that only a fool would ask. It follows that effective insurance against becoming a fool oneself lies in knowing what sorts of questions and answers these might be. It would appear reasonable to assume, on this basis, that a major responsibility of our schools and colleges is that of providing adequate instruction in the techniques of fruitful inquiry.
Yep, my question, "What is a good question?", was a fool's question. So I'm going to refine it. That might take me a while. In the meantime, give Wendell Johnson's article a read. It will be well worth your time and thought.
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Had you ever speculated on why April Fools' Day seems to be such an important day for federal acquisition? After all, consider some of the regulatory and policy issuances on that day:
The Federal Acquisition Regulation (FAR) became effective on April Fools' Day (1984).
The Federal Aviation Administration became exempt from the FAR on April Fools' Day (1996).
The Office of Federal Procurement Policy (OFPP) memorandum on "Protests, Claims, and Alternative Dispute Resolution (ADR) as Factors in Past Performance and Source Selection Decisions" was issued on April Fools' Day (2002).
Army Federal Acquisition Regulation Supplement (AFARS) Revision #25 was issued on April Fools' Day (2010).
FAR Case 2010-015 on the Women-Owned Small Business (WOSB) Program was published in the Federal Register on April Fools' Day (2011).
No doubt a little research would provide a number of additional examples.
Frankly, if it were me, April Fools' Day would probably be the last day that I would pick for issuing important regulations or policy statements. That is one day that I would avoid like the plague. [Note: The last statement is not technically correct, I would go to greater extremes to avoid the plague than to publish an acquisition policy or procedure on April Fools' Day.] Why not just wait a day, and avoid all the innuendo and snickering? After all, consider, April has 29 other days that are perfectly suitable for issuing regulations, policies, procedures, guidance and information.
Comparison of Major Contract Types
For example, on Monday, April 25, 2016, the Defense Acquisition University/Defense Systems Management College updated the Acquisition Community Connection with a revised version of its Comparison of Major Contract Types (i.e., Comparison of Major Contract Types - April 2016). [For those who would like a direct link: https://acc.dau.mil/CommunityBrowser.aspx?id=214513.] The new version better aligns with the terminology in the Contract Pricing Reference Guides, updates the charts on the reverse, and adds a chart on "Achieving a Reasonably Challenging but Achievable (RCA) Target Cost," one of topics discussed extensively in the new Guidance on Using Incentive and Other Contract Types.
Over the years, various versions of the "Comparison" have been fairly popular (i.e., 94,863 Page Views and 80,840 Attachments Downloaded. Although, given the number of personnel in the Defense Statutory Acquisition Workforce Contracting Career Field, 29,690 as of the 2nd quarter of 2015, those Lifetime Activity numbers may not be all that high, relatively speaking.
The April Fools' Day Announcements for 2016
So, it can be done. However, this April Fools' Day (2016) Defense Procurement and Acquisition Policy (DPAP) elected to issue two important pieces of procedures/guidance to the Defense Statutory Acquisition Workforce:
Guidance on Using Incentive and Other Contract Types (April 1, 1016).
Department of Defense Source Selection Procedures (SSP) (April 1, 1016).
The Guidance
Both documents have their warts. For instance, the Guidance incorrectly identifies one of the two statutory references for limitations on negotiation of price or fee. The good news is that thee one applicable to the DoD was identified correctly. Running the Spelling and Grammar checker one last time would not have been amiss.
Warts aside, the results of this Better Buying Power (BBP) are somewhat disappointing. The Specific Action in the USD(AT&L) memorandum "Implementation Directive for Better Buying Power 2.0 - Achieving Greater Efficiency and Productivity in Defense Spending" was, "Director, DP will provide a draft policy guidance document on the use of incentives in contracting to the BSIG for review by July 1, 2013. The starting point for this document will be the DoD and NASA Guide, "Incentive Training (sic) Guide," originally published in 1969."
For those of you unfamiliar with the Incentive Contracting Guide, it was the last of a number of such guides published in the 1960s. That particular version of the Guide was 252 pages. By comparison, the new Guidance is 41 pages. About 40 % of the Guidance is devoted to negotiation of fixed-price incentive (firm target) (FPIF) contracts in a sole-source environment a discussion of Reasonably Challenging but Achievable Target Cost (RCA), which go hand-in-hand. The coverage for Time and Materials/Labor Hour (T&M/LH) Contracts amounts to a paltry nine (9) lines. Ask yourself these two questions, "How many sole-source FPIF contracts does the Department award? If 'T&M is the least preferable contract type,' where should the emphasis have been placed?"
For those of you who need guidance on structuring multiple incentive contracts the DOD and NASA Guide: Incentive Contracting Guide 1969 may be a better bet than the new Guidance. The good news is that it is still available on the Defense Acquisition University's Acquisition Community Connection. [For those who would like a direct link: https://acc.dau.mil/CommunityBrowser.aspx?id=189615.]
The Procedures
The updated Source Selection Procedures are more than 505 longer than the previous version. The Procedures would have benefited from fact checking, copy editing and proof reading. Another warts issue.
Warts aside, for those of you who will be involved in DoD source selections that meet the thresholds in the Procedures, you will want to give it a thorough read. Among other things, you will see some new descriptions of adjectival ratings and a new source selection procedure in APPENDIX B, "TRADEOFF SOURCE SELECTION PROCESS: SUBJECTIVE TRADEOFF AND VALUE ADJUSTED TOTAL EVALUATED PRICE (VATEP) TRADEOFF." The latter came about as the result of USD(AT&L) memorandum "Implementation Directive for Better Buying Power 2.0 - Achieving Greater Efficiency and Productivity in Defense Spending." Under the heading of Better define value in "best value" competitions there was a Specific Action, "Director, DP will review the 'Process Manual' developed by the joint Service team led by the Air Force and present a recommendation for adoption with any recommended changes to the BSIG by July 1, 2013." You need to read the entire section to understand the direction. No doubt you will see a good deal of discussion about VATEP percolating up.
Understand that although the Guidance and Procedures were issued on April Fools' Day, they are no joke. Read them carefully, and implement them wisely.
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All of us can probably agree that each year seems to go by faster than the year before. The older we become, the rate at which we age seems to increase. So now, with 2016 upon us, (and without providing a comprehensive listing of new contracting laws, statutes, regulations, personnel changes, or best practices during 2015), perhaps it's best to simply summarize and reflect on what 2015 might signify regarding acquisition success. Let's also not use the "R" word even though talking about acquisition reform keeps us blog writers and consultants busy.
Some initiatives that began with great fanfare are no longer around. The government almost "closed" again, although the list of program exceptions to shutdowns is now so large that many don't notice. Those programs with greater lobbying power are essential, while many very worthy programs are used as pawns. Probably the greatest damage to government contracting, dwarfing any new legislative improvement, is the indecisive nature and short-term environment under which government programs must operate.
GSA launched initiatives in category management, including its acquisition gateway, eBuy Open and other initiatives intended to improve contracting officer market knowledge and vehicles available to meet specific needs and better leverage government buying power.
The Department of Defense says it's at a 35-year best in controlling costs for major acquisition programs and bestowed a variety of 15 individual and five organization awards for the past year. Heidi Shyu stepped down as the Army's acquisition executive and off of the acquisition "bus," where she coined the analogy that all acquisition program "passengers" have a brake and steering wheel, but no gas pedal.
Legislation intended to improve the current process within information technology is underway and new legislation within DoD was passed. It will be sometime before it is clear how well these latest changes have performed.
Discussion with today's acquisition leaders reveals a determination to do the right thing as best as possible despite the peripheral (beyond acquisition) system challenges at each step. This past year may best be remembered for cyber security breaches; new and enhanced multiple-crises emanating from the Middle East; successful space probes and retrieval; cyclones, earthquakes, and changing climates; gun violence from Tunis to California; and a never-ending political campaign.
For contracting managers, the faster nature of societal change and news cycles may mask the great strides being made to respond more effectively to ever-changing government requirements and outsourcing needs. Ineffective conference, education, and industry communication restrictions appear to be abating. However, lengthy debate over government salary, bonuses, or predetermined solutions to unresearched acquisition problems continues.
From a contracting standpoint, 2015 may not be momentous in terms of single legislation or headlines. However, the complexities and challenges of successfully navigating today's acquisition environment—from reduced spending to cyber security to Federal Reserve policy to the sheer complicated nature of the business enterprise itself—continues to grow. The requirements are harder, and the solutions harder still. Contractors supporting the government (and indeed the government itself) have a more difficult time understanding how to prepare, respond, and execute to these ever-evolving challenges. From workforce to technology, uncertainty is increasing and proven solutions decreasing. A new workforce is growing up in an environment of more employment uncertainty, from challenges to the education they've received to the manner of training and on-the-job experience they need.
However, we should all be impressed by the professionals working within this environment and what they accomplish. They don't have time to publicly write or promote their efforts, but they are there and are noble. The year 2016 promises to be no easier than 2015. Our contracting leaders and managers are up to the challenge, but let's understand for ourselves the causes and concerns, offer our advice and support, and be part of the solution.
Michael P. Fischetti
Executive Director
National Contract Management Association
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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 at the top of the bid protest statistics.
Beginning in its report for FY 2013, GAO began listing its "most prevalent reasons for sustaining protests" during the FY. This has continued for FY 2014 and FY 2015. Although the information provided does not include cases where an agency took corrective action before a formal sustained decision was reached, it does provided information on 227 sustained decisions. In that sense, it may provide some help whether you are trying to prevent a protest or whether you may protest a procurement.
Below is my ranking of the most prevalent reasons for sustained protests listed by GAO for FY 2015 through FY 2013:
- failure to follow the evaluation criteria (listed 3rd in FY 2015 and 1st in FYs 2014 and 2013).
- unreasonable cost or price evaluation (listed 1st in FY 2015 and 4th in FY 2013) and
- inadequate documentation of the record (listed 4th in FY 2015 and 2nd in FY 2013)
- unequal treatment of offerors (listed 4th in FY 2014 and 3rd in FY 2013)
- unreasonable technical evaluation (listed 5th in FY 2015 and 3rd in FY 2014)
This ranking also requires a caveat because the number of sustained protests varied significantly for FY 2015 (68), FY 2014 (72), and FY 2013 (87).
Other reasons for sustained protests GAO listed include
- unreasonable past performance evaluation (listed 2nd in FY 2015)
- flawed selection decision (listed 2nd in FY 2014)
In addition to listing the most prevalent reasons, GAO also gives 1 example decision for each of the most prevalent reasons it lists in a FY. For example, under unreasonable cost or price evaluation which GAO placed first in FY 2015, GAO lists Computer Sciences Corp.; HP Enterprise Servs., LLC; Harris IT Servs. Corp.; Booz Allen Hamilton, Inc., B-408694.7 et al., Nov. 3, 2014, 2014 CPD ¶ 331.
My listing of each decision that GAO provided as a most prevalent reason with a link to the decision is here.
To me, the most striking reason for GAO sustaining a protest is inadequate documentation. That can be prevented by a thorough review of what documents are provided in the evaluation and selection decision. If there is something missing, identify it and correct it. You can get more information on the documentation issue by looking at the Wifcon.com protest page FAR 15.305 (a)(3): Technical Evaluation - Documentation.
Another striking reason for sustained protests is the first that I list--failure to follow the evaluation criteria. One time a friend of mine was sitting on an evaluation panel for a GAO procurement that I had no involvement in at all. He had something extra he wanted to include in his evaluation of proposals and he asked me about it. Although I was stunned at the question, I simply told him that he must follow the evaluation criteria in the solicitation and if he had any questions he should ask the contracting officer--not me.
Before ending this entry, I will once again remind you that the information provided by GAO only includes sustained protests. These are decisions in which the agency digs in its heels and fights the protest to a final decision. As GAO explains, "agencies need not, and do not, report any of the myriad reasons they decide to take voluntary corrective action." What you see here may be the tip of the iceberg.
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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
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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
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Big Fish
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The sexiest scene I have ever viewed in a film takes place in Big Fish and yet there is no nudity in the scene. Jessica Lang provides the viewer with her usual superb performance and the young version of her character looks so much like her the viewer forgets they are two different actors and both their performances are outstanding. McGregor, although has lots of scenes in the movie, plays his part of the confused and somewhat angry son flawlessly. The father and his younger version keep the viewer so entertained that you never want this film to end. I would recommend this film to everyone over the age of 12. It is not a good choice for real young children because Tim Burton has done such an outstanding job of producing this film and most of the scenes are bigger than life and would easily scare younger audiances, although this is not a scary movie. It is brilliant and I do not understand why Hollywood has not given this picture more oscar attention and it is rare that I ever want to view a film more than once I intend to buy this DVD and watch it 100 more times.
Big Fish tells the story of a young man trying to sort out the facts and lies that his father has been telling him for his whole life. As the story opens Will Bloom (Crudup) hasn't spoken to his father in almost three years. He got tired of listening to his tall tales, but when he gets a call from his mother (Lange) telling him that his father doesn't have much time he rushes down as a latch ditch effort to learn the facts about his father. Albert Finney plays Edward Bloom, a man nearly confined to his bed, trying to get his son to accept who he is. The majority of the film is told through flashbacks, showing the amazing life that young Edward Bloom (Mcgregor) has lived. From giants to circus, from war to salesman, the film gives you the glimpse of a life as Bloom sees it. Is it true? Is he lying? Or is he embellishing the facts? Who knows and who cares.
The actors in this movie shine. Ewan McGregor and Albert Finney are absolutely charming in this movie. You want to believe his stories, and you can see why others do. The convincing shed their accents and pick up a southern accent without you really noticing.Read more ›
The father in question is Ed Bloom (Albert Finney) who loves to tell, at least it seems so to his son, Will (Billy Crudup), tall tales about his past. The son becomes estranged from his father on his wedding day, when his father tells one tall tale too many for Will's tastes. For the next several years, Will communicates only with his mother, Sandra (Jessica Lange).
When his father becomes seriously ill, however, Will and his wife rush to his side. Father and son take final stock of each other, and the seemingly tall tales continue. As his father gets progressively worse, Will, feeling that he really does not know his father, embarks on a journey to discover for himself, once and for all, the man his father really is. What he discovers is that his father was not so off the mark with his stories, and he finally begins to appreciate who his father really is and the impact that he has had on others. It allows Will to be able to say goodbye to his father in a way that his father understands and to be at peace with the man whom he discovered his father to be .
The film takes the viewer on a ride through some of Ed Bloom's tall tales, in a series of vignettes, where the viewer sees a young Ed Bloom (Ewan McGregor) living an almost fantastical life. We see him meet the love of his life, Sandra, as a young girl (Alison Lohman).Read more ›
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This movie is touching and illustrates how we don't really know our parents or appreciate them for who they are until they are gone.Published 3 days ago by Susan A, Hess
loved this movie, kid lost it why i had to buy new one. movie played great !Published 17 days ago by jodi kinnison
I made several attempts to watch this movie by myself, but it always proved too tedious until I watched it with my wife. Read morePublished 27 days ago by William Mortensen Vaughan
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I found an issue when trying to use a regex with multiple query groups. When I created the target URL with the params: /something?param1=$1¶m2=2
The redirect would not work. When I changed the target to: /something?param1=$1¶m2=2
It worked. However, it doesn't display like that in the admin. Might be something that's causing issues with other people.


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Eco Depot has signed a letter of intent with Water Technology Development to distribute a new portable water purification device called the WaterGizzi. Eco Depot plans to market the product as part of its eco-friendly product line, which also includes the Click and Pour and the recently acquired WaterGeeks filtration brand.
Domo, a software-as-a-service (SaaS) venture, has named Matt Belkin as chief strategic solutions officer and SVP of consulting.
With usage of electronic cigarettes on the rise, a new study by e-cig manufacturer Mistic contends the majority of Americans are not opposed to second hand vapor.
L'Oréal is reportedly buying back 8% of its shares from Nestlé, loosening their long-standing alliance.
Nature Valley has rolled out two new products — Nature Valley Breakfast Biscuits and Nature Valley Greek Yogurt Protein bars — which are geared toward people with active lifestyles, the company said. The company is also adding an additional variety to its Nature Valley Protein Granola line in the form of Cranberry Almond.
Genius Brands International has a roster of new licensing partners to create merchandise based on Stan Lee's Mighty 7 (SLAM 7), the animated film trilogy created together with Stan Lee's POW! Entertainment and Archie Comics.
Green Mountain Coffee Roasters, the company behind Keurig brewing technology, and retailer Krispy Kreme announced that the companies have reached an agreement to bring Krispy Kreme signature coffee to K-Cup packs for the Keurig brewing system.
Demand forecasting, inventory allocation and replenishment — the unsung building blocks of every successful retail enterprise — have gained a new level of respect with retailers striving to deliver the omnichannel experience shoppers demand.
The Estée Lauder Cos., whose brands include Aveda, Bumble and Bumble, American Beauty, Flirt! and M•A•C Cosmetics, has appointed Guillaume Jesel to the newly created position of SVP/general manager, Global Corporate Innovation.
Despite inclement weather this winter, Scotts Miracle-Gro's financial results for the first quarter ended Dec. 28 showed signs of improvement.


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I'm trying to get menus like that for the top of the page:
home >> category_name and
home >> month for both my monthly and cat archives
I'm using a
<?php if (!$cat) { echo etc... conditional to have it show up but I can't get the condition for monthly archives right. I tried
if ($m And !$p) but that doesn't work. I'm not quite clear of the variables and their values at this point... :(
Also, how would I get the name of the month/category?
the_category will return all the categories related to the posts that are in the single category selected. I would like it to show only the one "main" cat selected in archive.
I hope I'm making sense ;)


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I am not sure if what I need is possible, but I thought I would ask and see if it is possible with this plugin, since I am not managing other ways.
I have a website with products, let's call it "A" that need to be linked to their purchase page which is on another url "B". The idea is that when you click on "purchase" in page A, it opens a another page inside the same URL with an iframe where "B" appears. Is that possible with this plugin? and in the hope that it is, how?
Thank you!


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I side loaded a few short mp4 video clips onto my tablet. I have had no problems in the past with viewing them. Today I am getting the display "Sorry, this video cannot be played". I have been able to watch some video clips from the internet today. The only other thing is that I noticed the Crackle app is not loading. Otherwise, everything else is okay. I have had the tablet for a little over a year and it gets used almost daily. I thought I would throw a post out here before I trot it over to the local store.
Any comments are appreciated.
Well, somehow this issue resolved. While I was waiting for a reply, I deleted the browsing history, cookies, cache, etc . I had just down loaded the puffin browser and wondered if that was a problem so I deleted that too. I charged it fully overnight and rebooted it this morning. When I attempted to play the clips this afternoon they played like there was never a problem. Go figure!


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Politics You're Welcome, Tim
posted by November 8 at 8:40 AMon
I was out of the office yesterday, blogging from a secret, undisclosed location. And Josh and Erica C. Barnett were out too. So we weren't around to greet Tim Burgess when he dropped by around 3 PM. Said Stranger published Tim Keck in an email to all three of us…
Burgess stopped by to thank you guys.
Hm. I'm not so sure. I think Burgess stopped by to take away our abortions and gays.
But if he did stop by to thank us, well, I'm glad that Tim recognizes that he owes everything—everything—to the Stranger. Without our endorsement he wouldn't have pounded David Della by nearly 30 percentage points. No doubt council-member-elect Venus Velázquez is on her way to the office right not to thank us for our endorsement too.


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Cities and towns--Ratings and rankings
From Library of Congress Subject Headings
Cities and towns--Ratings and rankings
- http://id.loc.gov/authorities/subjects/sh89007063
- info:lc/authorities/sh89007063
- http://id.loc.gov/authorities/sh89007063#concept
Instance Of
- Ratings and rankings
Scheme Membership(s)
Collection Membership(s)
- Cities and towns--Rankings
- Cities and towns--Ratings
- Rankings of cities and towns
- Ratings of cities and towns
Earlier Established Forms
Cities and towns--RatingsCities and townsCities and townsRatingsRatings
- found: Work cat.: Thomas, G.S. The rating guide to life in America's small cities, 1990.
- found: LC database, Dec. 14, 1989 (rankings, ratings)
Change Notes
- 1989-12-15: new
- 2007-01-10: revised
Alternate Formats
Suggest terminology
The LC Linked Data Service welcomes any suggestions you might have about terminology used for a given heading or concept.
Would you like to suggest a change to this heading?
Please provide your name, email, and your suggestion so that we can begin assessing any terminology changes.
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well i guy name pimpy claims that it works over system link along with infinite ammo just the way u edit the data thaz all or so they say maybe when halo two comes out they will reviel its secrets
Halo Hack.
Started by sikness , May 23 2004 01:53 AM
63 replies to this topic
Posted 21 June 2004 - 07:28 PM
Posted 21 June 2004 - 09:55 PM
"They" do talk alot too don't they. It's just people wanting attention that's all. You would think with as many people that hack halo it would have already been done and released, so like I said, it's impossible, there are very few things that can be changed and still work over system link or xbc. So I'm calling it, that Pimpy is full of shit.
Posted 21 June 2004 - 10:09 PM
...I think that when you try to use bottomless clip or infinite ammo or something like that on a system link game once you hit the point where you should have to reload on the other guys xbox it will fall out of sync because you'd be shooting when the other guy would see reloading. That guy is lying...
Edited by Acetylene, 21 June 2004 - 10:10 PM.
Posted 30 June 2004 - 01:15 PM
that kid pimpy and his boyfriend ballenstunna are both full of shit.i remember awhile ago both them where up in arms about glass mods being released telling everybody they were the first to discover it,thats major bullshit,then they made a video to prove to all of us calling them lyers saying they had an anit-desync code.first of all a real programmer a career programmer would never say they have that type of shit to arouse suspicion.i garanateee it that that kid pimpy is no older than 16 claiming he knows everything about halo,but lets keep this thread alive i would like to see this auto-aim shit work
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Whoa. Ciara and Nicki Minaj look incredible in Ciara's new music video for "I'm Out", which also features Minaj. Ciara sings, "Ladies this your song, so as soon as this come on you should get out on the floor and get your sexy on." In the video,these two ladies do just that.
The song is about the end of a relationship, embracing your new found freedom & independence, and making your ex-jealous in the process. "You gonna miss me when I'm gone… I'm out," sings Ciara. Both ladies wear white leather jumpsuits in the video and look freaking hot. This video made me love the song even more than I already did. In one of the last scenes in the video, Ciara tosses her cell phone into a flute of champagne after she gets a call from "Old News." Love it.
Check out the Ciara's "I'm Out" music video below and let me know what you think!


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nancy pelosi
A controversial $700 billion Wall Street rescue bill backed by Congressional leaders and the Bush administration failed to pass in the House of Representatives Monday. Kwame Holman reports on the dramatic day on Capitol Hill. Continue reading
The financial crisis gripping Wall Street this week has led to an unprecedented level of government intervention. Policy experts examine the government's role in the crisis. Continue reading
President Bush addressed recent shifts in the financial sector, central banks flooded currency markets with cash in an attempt to spur banks to begin lending again and the presidential candidates offered fresh reactions to the crisis. Kwame Holman and Judy Woodruff recap the economic news of the day.
Continue reading
With backers of Hillary Clinton still voicing their support for her presidential bid on the convention floor, the New York senator appeared during the roll call to move that Barack Obama become the Democratic nominee by acclamation. Analysts Mark Shields and David Brooks weigh in after Clinton's roll call speech. Continue reading
Speaker of the House Nancy Pelosi, D-Calif., told delegates gathered Monday evening at the Democratic National Convention in Denver that the party's mission to move in a "new direction" will not be complete until Sen. Barack Obama wins the White House. Continue reading
In 2006, Democrats took over Congress with a promise to bring U.S. troops home. Kwame Holman looks at what's happened since then and the legislative fight over a bill to fund the Iraq and Afghan wars. Continue reading
With the race for the Democratic nomination reaching the home stretch and continued clashes between the president and Congress, House Speaker Nancy Pelosi assesses the fight between Sens. Obama and Clinton, the racial, economic and gender divisions in the party, and the Democrats' legislative battle to end the war Iraq. Continue reading
Security was tightened around San Francisco Wednesday as city officials braced for a wave of protests in response to the Olympic torch's only North American appearance on its journey to Beijing. Continue reading
President Bush said Friday he would sign the $168 billion economic stimulus bill that was passed Thursday by both houses of Congress in a bipartisan effort intended to ward off a possible recession. Continue reading
Congressional leaders and the White House reached an agreement Thursday for an economic stimulus package that would include rebate checks for millions of taxpayers and incentives for businesses to invest in new capital. A panel of economic experts examines how the proposal may help ease economic concerns across the country. Continue reading


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