text: In the United States Court of Federal Claims No. 96-784C (Filed January 30, 1998) _______________________________ ) R.R. DONNELLEY & SONS, ) COMPANY ) Contracts; suit for bid preparation Plaintiff, ) costs; burden of proof of all Keco ) factors; cancellation of bid due to v. ) changes in estimated requirements. ) THE UNITED STATES, ) ) Defendant. ) _______________________________) Fredric G. Antoun, Jr., Chambersburg, PA., for plaintiff Steven E. Gordon, Washington, DC, with whom was Assistant Attorney General Frank W. Hunger, for defendant. Kerry L. Miller, U.S. Government Printing Office, of counsel. OPINION Miller, Judge. In this case before the court after trial, the issues to be decided are 1) whether the contracting officer was arbitrary and capricious in canceling an invitation for bids, thereby entitling plaintiff to bid preparation and related costs; and 2) whether, under an implied-in-fact contract theory, plaintiff may recover its pre-award survey and start-up costs incurred during what plaintiff characterizes as the post-bid proposal negotiation phase. FACTS R.R. Donnelley & Sons, Company ("plaintiff"), challenges the United States Government Printing Office (the "GPO") for canceling an invitation for bids related to the printing of patents, thus entitling it to bid preparation and related costs. Plaintiff charges that the contracting officer lacked a reasonable basis for concluding that the printing requirements of the U.S. Patent and Trademark Office (the "PTO") would drop by 20%. Instead, plaintiff insists that the requirements would drop by only 7.6%, an insufficient reduction to warrant the cancellation of the solicitation. 1. Summary of litigation before the Court of Federal Claims Plaintiff filed suit in the Court of Federal Claims on December 16, 1996. Its complaint contained two counts, breach of implied contract (Count I) and equitable estoppel (Count II). Plaintiff sought $336,673.37 in monetary damages for costs incurred in "bid preparation; formulation and implementation of quality, security and production plans; pre-award survey and provision of necessary information to GPO to respond to various protests and preparation to perform the contract; facilities acquisition cost and expenses; [and] legal expenses." Defendant moved to dismiss Count II for lack of subject matter jurisdiction and for summary judgment on Count I. Following argument on defendant's motion, the court entered an order on July 28, 1997, denying summary judgment on Count I and dismissing Count II for lack of subject matter jurisdiction. See R.R. Donnelley & Sons, Co. v. United States, 38 Fed. Cl. 518 (1997). 2. The solicitation On November 15, 1993, the GPO issued a solicitation for the printing of patents and related documents for the PTO, a program known as D306-S. 1/ The solicitation, issued in the form of Invitation for Bids for Program D306-S (the "IFB"), called for a one-year requirements contract to begin on February 1, 1994, and to end on January 31, 1995. The specifications of the IFB called for 45 soft copy 2/ patent sets -- 40 for distribution to foreign patent offices and five for internal PTO use. The IFB anticipated that print orders would be placed on a weekly basis, as patents are issued 3/ on a weekly basis. For each issue the PTO expected an average of 52 copies of each patent to be ordered, of which 45 copies of each patent would form the 45 sets required for foreign and PTO distribution. Beyond the 45 copies, the number of copies ordered of each patent would vary, as some patents would be more popular than others. Because the PTO knew that it would always require at least 45 patent sets, the solicitation also called for a line-item price for the first 45 copies (which form the 45 sets) and a price for each additional five copies or fraction thereof. In other words, the pricing schedule required the GPO to pay for at least 45 copies of each patent, regardless of whether fewer actually were ordered, or needed. On December 13, 1993, the GPO informed plaintiff that it was the apparent low bidder. 4/ Soon thereafter, the contracting officer ordered a full pre-award survey 5/ and began evaluating whether plaintiff possessed the technical, financial, and production resources necessary to perform the contract. On January 11-12, 1994, a government pre-award survey team -- consisting of three GPO employees and three PTO employees -- conducted an on-site survey of plaintiff's facility. Llewellyn W. Dortch, a Donnelley employee in the Federal Government Group who was involved in preparing plaintiff's bid for the Program D306-S contract, testified that plaintiff's preparedness to perform the contract within 30 days of award was of some concern to the GPO. Mr. Dortch understood that a line item of the specification required preparedness within a month of contract award. At the end of the pre-award survey, Mr. Dortch testified, GPO representatives indicated that plaintiff had done a good job and that there was a high likelihood that it would receive the contract "shortly." Similarly, David E. Davis, President, Donnelley Com-Com Division, who also was involved in preparing the bid, testified that at the end of the pre-award survey, a GPO representative, Larry McHugh, told him that the plans looked fine, although Mr. McHugh questioned the adequacy of the floor plan and equipment configuration of the building plaintiff planned to use, and whether plaintiff could make the necessary renovations within 30 days of award. Consequently, plaintiff investigated the possibility of leasing another building. The day after the pre-award survey, Mr. Davis and two or three GPO representatives inspected this facility, which the GPO deemed adequate and approved. Pursuant to the GPO's approval, plaintiff obtained an option to lease the building. After the final extension of the option, on March 6, 1994 -- well after the responsibility determination -- plaintiff signed a lease on the building. Gayle E. Diehl, former manager of the Demand Print Center, Donnelley Com-Com Division, was responsible for drafting and revising the production plans. She testified that the plans were repeatedly sent to the GPO for approval and that "[w]e had to prove to the GPO that we were fully capable of fulfill[ing] the contract." Ms. Diehl explained that this required the installation of equipment, training of staff, and the ability to be "up and running in 30 days," as per the contract specifications. On January 28, 1994, the GPO's pre-award survey team recommended to the contracting officer that the GPO award the Program D306-S contract to plaintiff. On or about this date, plaintiff was determined to be a responsible bidder. On March 22, 1994, however, the contracting officer, through the Contract Review Board, canceled the Program D306-S solicitation "due to extensive changes in the estimated requirements." The major impetus for the cancellation was the revelation that the PTO would not require 40 utility 6/ patent sets for foreign distribution, but would only require 28 sets. This expected reduction of 12 patent sets altered the economic feasibility of the IFB, especially given that the solicitation's pricing structure was based on 45 patent sets. 3. The 12-patent set reduction Contrary to the court's findings following the summary judgment proceedings, trial revealed that the 12-patent set reduction was not a direct result of a conversion to CD-ROM storage of patents. See Donnelley, 38 Fed. Cl. at 524. At the time, in early March 1994, some confusion was present among PTO and GPO employees involved in Program D306-S regarding the effect of foreign countries' CD-ROM capability on the need for fewer paper patent sets for foreign distribution. Robert W. Saifer, the PTO's Director for the Office of International Liaison, testified as to the policy statement issued by the PTO regarding the exchange of CD-ROM patent sets with other countries. Although discussions regarding the Japanese CD-ROM exchange occurred among the PTO, the European Patent Officer ("EPO"), and the Japanese Patent Officer ("JPO"), the policy was never implemented. What was implemented, however, was the Patent Document Exchange Policy through which, along with a March 16, 1994 Notice from PTO Commissioner Bruce A. Lehman, the PTO established a policy whereby, upon request, all foreign patent offices that 1) maintained a classified search file 7/ and 2) offered at least one paper set of their patent documents to the PTO would continue to receive one paper set of U.S. patents from the PTO. This policy was to take effect on October 1, 1994. The EPO and JPO would be excluded from this policy and would continue to receive multiple sets of paper patent sets. Other countries that had received multiple paper patent sets would receive, under the policy, only one set; Mr. Saifer testified that this approach "would save at a minimum, 12 sets. It could be more than that, because there might be countries that don't need to get any paper from us, now that we are offering CD-ROM." 8/ Whether particular countries had CD-ROM capability was of no consequence in that each country would still receive one paper set, unless a country wanted the patent set on CD-ROM in lieu of paper. In a March 22, 1994 letter, Richard A. Bawcombe, Director, PTO Office of Publication and Dissemination, informed the contracting officer that the 12-patent set reduction would occur because 12 countries had CD-ROM capability. However, Mr. Saifer testified that, although a 12-set reduction would take place, Mr. Bawcombe's "reasoning behind how we got that number 12 is incorrect." Mr. Bawcombe himself admitted that the explanation for the reduction "was in error." 9/ At no point, however, did either Mr. Saifer or Mr. Bawcombe indicate that the 12-set reduction itself was ever in doubt. Of central importance in this case is the March 15, 1994 memorandum from the GPO Contracting Officer Richard Weiss to the GPO Contract Review Board, which stated that the conversion to CD-ROM would result in the reduction of 12 paper patent sets. In the memorandum Mr. Weiss opined that [t]he initial reduction of the 12 sets would result in an immediate reduction of approximately 20% in the soft copy work load. This reduction would directly [a]ffect the printing line items, the collating line items (if a charge were entered), and result in a significant drop in the paper to be used. Further reductions would result in a workload drop in excess of 50% over what was originally estimated. Mr. Weiss admitted that in writing this memorandum he was under a "misimpression" that the 12-set reduction was related to the number of countries that have CD-ROM capability. Mr. Weiss nonetheless testified that only the 12-set reduction mattered; the source of the reduction was immaterial. When asked what he meant by the word "immediate," in the passage quoted above, Mr. Weiss explained that "[t]he reduction in quantity would start with the October 1 issue [of patents] and would hit the contractor about the middle of August, about five months into the contract." He further explained that the reference to a 50% reduction did not relate to the 20% reduction in soft-copy workload, which was based on the 12-patent set reduction. Rather, the 50% referred to the possibility of an additional reduction of eight patent sets by countries opting for CD-ROM patent sets, although this called for a degree of speculation. Mr. Weiss was adamant that he based his calculations and his memorandum on a reduction of 12 patent sets, a number which came from both a high-ranking official in the PTO Commissioner's office and GPO representatives. Mr. Weiss explained at length the calculations he used to arrive at an overall 25% reduction in the total impressions (single sides of a page) required by the contract. Thus, after a page of calculations, the 12-patent set reduction translated into a reduction from approximately 81 million impressions (the basis of award and the same figure used by plaintiff) to 60 million impressions, a 25% reduction of impressions. Mr. Weiss testified that he then lowered the figure to 20% by "tak[ing] five percent off as a[n] error factor." He used the 20% figure in his March 15, 1994 memorandum to the Contract Review Board. This figure is hotly disputed by plaintiff. On March 15, 1994, Kerry Miller, counsel for the GPO, informed plaintiff that the GPO planned to cancel the IFB because the conversion to CD-ROM would cause a 25% reduction in the PTO's paper requirements. The GPO formally canceled the Program D306-S solicitation on March 22, 1994, citing "extensive changes in the estimated requirements" as the reason for cancellation. DISCUSSION 1. Standard of review When an unsuccessful bidder incurs expenses in preparing a bid for a government contract, these expenses normally are "lost," as a cost of doing business. Lincoln Servs., Ltd. v. United States, 678 F.2d 157, 158, 230 Ct. Cl. 416 (1980). In soliciting proposals or inviting bids, the Government enters into an implied-in-fact contract with offerors to consider their bids "'fairly and honestly.'" CACI, Inc.-Fed. v. United States, 719 F.2d 1567, 1573 (Fed. Cir. 1983) (quoting United States v. John C. Grimberg Co., 702 F.2d 1362, 1367 (Fed. Cir. 1983) (en banc)); see also Heyer Prods. Co. v. United States, 135 Ct. Cl. 63, 69, 140 F. Supp. 409 (1956) (dealing with bad faith-inducement of bids). "'The standards that permit a disappointed competitor to recover proposal preparation expenses are high and the burden of proof is heavy.'" E.W. Bliss Co. v. United States, 77 F.3d 445, 447 (Fed. Cir. 1996) (quoting Lincoln Servs., 678 F.2d at 158, 230 Ct. Cl. at 416; and citing, inter alia, CACI, Inc.- Fed., 719 F.2d at 1573; Coastal Corp. v. United States, 713 F.2d 728, 730 (Fed. Cir. 1983)). If the Government's consideration of the unsuccessful bidder's proposal was arbitrary or capricious, the Government thereby breaches its implied contract and the bidder may recoup the costs of preparing the bid or proposal. Keco Indus., Inc. v. United States, 192 Ct. Cl. 773, 785, 428 F.2d 1233, 1240 (1970) (Keco I) (noting that "plaintiff should be allowed to recover only those costs incurred in preparing its technical proposals and bids"); see also AT&T Technologies, Inc., v. United States, 18 Ct. Cl. 315 at 321 (finding that damages for breach of implied contract "are limited exclusively to bid and proposal preparation costs"). In Keco Indus., Inc. v. United States, 203 Ct. Cl. 566, 492 F.2d 1200 (1974) (Keco II), the United States Court of Claims, predecessor to the Federal Circuit, articulated four "criteria" to determine whether an agency's action is arbitrary and capricious: One is that subjective bad faith on the part of the procuring officials, depriving a bidder of the fair and honest consideration of his proposal, normally warrants recovery of bid preparation costs. A second is that proof that there was "no reasonable basis" for the administrative decision will also suffice, at least in many situations. The third is that the degree of proof of error necessary for recovery is ordinarily related to the amount of discretion entrusted to the procurement officials by applicable statutes and regulations. The fourth is that proven violation of pertinent statutes or regulations can, but need not necessarily, be a ground for recovery. The application of these four general principles may well depend on (1) the type of error or dereliction committed by the Government, and (2) whether the error or dereliction occurred with respect to the claimant's own bid or that of a competitor. Id. at 574, 492 F.2d at 1204 (citations omitted); see also Burroughs Corp. v. United States, 223 Ct. Cl. 53, 65, 617 F.2d 590, 597-98 (1980) (applying Keco II criteria). 2. Application of Keco II criteria A bidder need not show that all four Keco II factors are present in order to establish that Government action is arbitrary and capricious. See Prineville Sawmill Co. v. United States, 859 F.2d 905, 911 n.5 (Fed. Cir. 1988) ("[T]he absence of any allegation or evidence of bad faith . . . is not determinative."). With respect to the first Keco II factor, plaintiff does not suggest bad faith on the part of either the contracting officer or the Contract Review Board. Rather, plaintiff questions the reasonableness of the decision to cancel the IFB and argues vehemently that Mr. Weiss's calculations were, as plaintiff's counsel put it, "dead wrong" and that the "GPO was shooting in the dark." The gravamen of plaintiff's case is the contention that Mr. Weiss lacked a reasonable basis for predicting a 20% reduction in the PTO's need for paper patent documents and that his decision to recommend the cancellation of the IFB therefore was arbitrary and capricious. A reasonable basis requires a "'rational connection'" between the facts of the situation and the decision made. Bowman Transp., Inc. v. Arkansas-Best Freight Sys., Inc., 419 U.S. 281, 285, (1974) (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168 (1962)). To assess the existence of a rational connection, the court must first examine whether a 12-patent set reduction would occur and the effect of this reduction on the total number of impressions required by the solicitation over the appropriate period of the contract award. The court then must determine whether, given this reduction, the cancellation of the IFB was reasonable. Plaintiff does concede that if the reduction, in fact, was 20%, then the cancellation would have been reasonable. The lynchpin is the 20% figure, which plaintiff maintains was actually 7.6% -not enough reasonably to warrant canceling the solicitation. Despite the confusion at the time as to the precise reason for the PTO's reduction in printing needs, Mr. Weiss nevertheless relied upon correct information -- that a 12-patent set reduction would occur as of the October 1 issuance and would affect the contractor's printing requirements as of August. Mr. Weiss assumed that the earliest the contract could be awarded plaintiff would be April 1, given the pending bid protests. Because the termination date of the contract was January 31, 1995, 10 months would remain on the contract. Mr. Weiss calculated that, over the remaining 10 months of the contract, the reduction of 12 utility patent sets (of 40 sets for foreign distribution) would result in a 20-25% reduction in the total impressions that the PTO would require. Plaintiff disputes this calculation on several grounds. First, plaintiff argues that reduction is not 12 patent sets, but eleven, because one set was double-counted. However, both Messrs. Saifer and Weiss testified that the new Patent Document Exchange Policy would result in a 12-set reduction, and plaintiff was unable to dislodge this established figure. Second, plaintiff contends that the basis of award should be the full 12 months of the contract, not the remaining ten months predicated on a contract award date of April 1. The solicitation anticipated that the PTO would place print orders for patent documents on a weekly basis, corresponding with the PTO's weekly issuance (or granting) of patents. Although the IFB was a requirements contract, the incumbent contractor would continue to print patent documents until plaintiff was awarded the contract (likely not until April 1). Only if the PTO ceased asking the incumbent to print patents -- creating a two-month backlog for plaintiff to fill once awarded the contract -- would it make sense to base the award on 12 months. The court must focus on the beginning of the contract award rather than the end, because it is sheer speculation whether the contracting officer would have extended the contract an additional two months. Third, plaintiff asserts that Mr. Weiss selectively applied the 12-patent set reduction to "different aspects of the contract." Although true, this is not problematic. The 12-patent set reduction applied only to the 40 patent sets earmarked for foreign distribution. The five patent sets for internal PTO use would not be reduced, nor would other line items of the specifications, such as patent copies ordered by a private company or the weekly Official Gazette. Similarly, plaintiff argues that the alleged eleven-set reduction is taken from an average run of 52 patent copies, not 45. Thus, the 41 remaining patent sets would only be four less than the 45-set pricing structure and should not have troubled Mr. Weiss (to the extent that a reduction from 45 to 33 patent sets did). In his calculations Mr. Weiss did account for the average of 52 copies, but he computed the 12-set reduction on only the sets slated to be reduced -- the 40 sets for foreign distribution. In short, after closely scrutinizing and replicating Mr. Weiss's calculations, the court agrees that a 12-patent set reduction, to affect soft-copy patents for foreign distribution and to occur in the last six months of a ten-month contract, would reasonably result in a 25% reduction in printing needs. Mr. Weiss based his calculations on reasonable assumptions. That he accounted for an error factor of 5% by trimming the reduction to "approximately 20%" is also sensible. The court must now turn to the nexus between the 20% reduction and the cancellation of the IFB. Mr. Weiss testified that he had three reasons to recommend that the Contract Review Board cancel the solicitation: Number one was a reduction in the quantity. Number two was a change in the pricing structure, that I had no way to pay for the product. Number three was, I now had a completely revised spec and didn't know how it would affect the rest of the commercial community, who else could have bid on this with the reduced quantity that wasn't able to before. The quantity was much higher, but it was the first two that were primarily in my mind. I had no way to pay for the product that was being reduced, based on the current pricing structure. I could not negotiate, I could not meet with the contractor to find out what we could do. Q [By plaintiff's counsel] So, you had to pay for 45 no matter how many you used? A [Mr. Weiss] I had to pay for 45 no matter how few we ordered. Q Your expectation was that you might be ordering as few as how many? A Thirty-three as a base number. [10/] The GPO Printing Procurement Regulation, ch. XI, § 2(1)(a)-(b) (Oct. 1990), entitled, "Cancellation of Invitation After Opening," governs awards to the responsible bidder with the lowest responsive bid, "unless there is a compelling reason to reject all bids and cancel the invitation." The regulation lists numerous examples of circumstances that may justify canceling an IFB after opening. Three examples apply here: "(i) Inadequate, ambiguous, or otherwise deficient specifications were cited in the IFB[;] (ii) The supplies or services are no longer required . . . [; and] (vii) For other reasons cancellation is clearly in the Government's interest." Mr. Weiss explained how each example applied to the changed circumstances of the IFB. First, the pricing structure no longer fit the reduced requirements of the contract, creating an inadequate specification. Second, the requirements had changed from 45 to 33 patent sets. Third, because the specifications had changed, other bidders might be able to submit bids for the reduced quantity of patent sets. The court finds Mr. Weiss' analysis consistent with the procurement regulations and therefore reasonable. As for the third Keco II factor, the Government must not have abused its discretion in canceling the IFB for Program D306-S. "The court should not substitute its judgment on such matters for that of the agency, but should intervene only when it is clearly determined that the agency's determinations were irrational or unreasonable." CACI Field Servs., Inc. v. United States, 13 Cl. Ct. 718, 725 (1987) (citations omitted), aff'd, 854 F.2d 464 (Fed. Cir. 1988); see also United States Fidelity & Guar. Co. v. United States, 230 Ct. Cl. 355, 369, 676 F.2d 622, 630 (1982) (treating this factor as a tool to determine "the degree of proof necessary to prove arbitrary and capricious conduct"). In a formal procurement, such as this solicitation, procurement officials are allowed less discretion to perform their duties, as evidenced by the above GPO Printing Procurement Regulation. The court finds that Mr. Weiss did not abuse his discretion, as there were several compelling reasons to cancel the solicitation. 3. Attorney's fees incurred in defending bid protest On December 27, 1993, the incumbent contractor, GraphicData, filed a pre-award bid protest before the General Accounting Office. 11/ Although the protest was dismissed, plaintiff incurred legal fees defending itself, which it now seeks to recoup. Plaintiff cites Crux Computer Corp. v. United States, 24 Cl. Ct. 223, 225 (1991), in which the court asserted jurisdiction to grant bid protest costs, as well as bid preparation costs. But see AT&T Technologies, 18 Cl. Ct. at 323 (suggesting that bid protest costs are not recoverable). The court in Crux Computer noted that it "must thus look to Keco II for guidance" to determine whether the Government breached its implied-in-fact contract. Crux Computer, 18 Cl. Ct. at 226. Therefore, even assuming, arguendo, that bid protest costs are recoverable, plaintiff must still prove liability, i.e., that the Government acted in an arbitrary and capricious manner when it canceled the IFB. 12/ Because plaintiff has failed to make this showing, the court need not determine whether bid protest attorneys' fees are recoverable and whether AT&T Technologies or Crux Computer supplies the correct rule of law. 4. Costs incurred in the post-bid proposal "negotiation" phase Plaintiff contends that in addition to bid preparation costs, it is also entitled to compensation for "costs incurred during the post bid proposal negotiation phase." This period begins with the low bid determination and culminates in January 1994, when plaintiff was deemed a responsible bidder. Plaintiff argues that this is not a typical IFB; rather, it was a "unique procurement" which combined the requirements of an IFB with those of a Request for Proposal, thus necessitating numerous "proposal" costs for "quality assurance, production planning, security, dedicated staffing, dedicated facilities, quantity, layoff and connection of required equipment, staff training, etc. prior to GPO's [responsibility determination]." Plf's Br. filed Dec. 8, 1997, at 7-8. Plaintiff notes that "[p]erhaps most importantly, the contract gave the contracting officer the option to have a pre- award pre-production test at the vendor's site." Id. at 3. The specification, notes, however, that "[n]o charges will be allowed for costs incurred in the performance of the pre-award test." Both parties cite Coflexip & Servs., Inc., v. United States, 961 F.2d 951, 953 (Fed. Cir. 1992), in which the court held that in a negotiated procurement, the costs a contractor incurs pursuant to ongoing negotiations with the [G]overnment and in support of a revised proposal, i.e., post-submission costs, can be proposal preparation costs. However, costs which do not support an initial or revised proposal are costs which a contractor incurs in an effort to better position itself to perform any contract it should be awarded. These latter costs, incurred in anticipation of contract award are not proposal preparation costs. The contractor assumes the risk that it will not be awarded the contract, and, accordingly, these contract preparation costs will not be recoverable. While plaintiff argues that it incurred "proposal costs" and engaged in ongoing negotiations with the Government as part of the pre-award survey on January 11 and 12, 1994, defendant contends that plaintiff incurred these costs in order to place it in a position to perform the contract. Defendant is correct, as this was a classic IFB with sealed bids, not a negotiated procurement or an otherwise "hybrid" procurement. The solicitation expressly required a pre-award survey in order to make a responsibility determination; plaintiff's costs following its low-bid submission were incurred pursuant to the responsibility determination and in anticipation of a contract award. Therefore, these costs are not compensable. To further support its claim, plaintiff cites the GPO's Contract Cost Principles and Procedures, GPO Procurement Directive 306.2, GPO PRA 306.2, § 3, ¶ 26 (Apr. 1, 1988), which states, in pertinent part: "Bid and Proposal (B&P) costs, as used in this subdivision means the costs incurred in preparing, submitting and supporting bids and proposals (whether or not solicited) on potential Government or non-Government contracts." 13/ The directive does not further define the word "supporting," so it is unclear whether it includes the sort of post-bid submission costs incurred by plaintiff. "Supporting" just as easily could refer to costs incurred before bid submission as those incurred after. This provision also could merely concern the bid preparation costs sought by plaintiff rather than the more involved "proposal" costs. Plaintiff also argues that Crux Computer, 24 Cl. Ct. at 225, and AT&T Technologies, 18 Cl. Ct. at 323, recognize as compensable "the exact efforts that Donnelley expended in order to receive the award." Plf's Br. filed Dec. 8, 1997, at 8. The reasoning behind this statement is unclear in that Crux Computer concerned bid protest costs and the court in AT&T Technologies noted that "B & P costs . . . are the only pre-contract costs recoverable for the government's breach of its implied duty to fairly and honestly consider proposals." 18 Cl. Ct. at 323. Indeed, Crux Computer, AT&T Technologies, and Coflexip & Servs. all link the recovery of bid protest, bid preparation, or proposal costs to arbitrary and capricious government conduct. Having failed to prove one or more Keco II factors, plaintiff is not entitled to compensation for bid preparation, attorneys' fees for bid protest, or proposal costs. 5. Implied-in-fact contract theory Based on an implied-in-fact contract theory, plaintiff maintains its entitlement to recover the costs incurred in designing and setting up a production environment, producing pre-production samples, and conducting a pre-award production system test pursuant to the responsibility determination requirements. Regarding the evidence generally required to support an implied- in-fact contract, the Court of Claims stated: A contract implied in fact requires a showing of the same mutual intent to contract as that required for an express contract. The fact that an instrument was not executed is not essential to consummation of the agreement. It is essential, however, that the acceptance of the offer be manifested by conduct that indicates assent to the proposed bargain. The requirements of mutuality of intent and the lack of ambiguity in offer and acceptance are the same for an implied-in-fact contract as for an express contract; only the nature of the evidence differs. Russell Corp. v. United States, 210 Ct. Cl. 596, 609, 537 F.2d 474, 482 (1976) (footnotes omitted). "Mutuality is inferred 'from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding.'" Sperry Corp. v. United States, 13 Cl. Ct. 453, 458 (1987) (quoting Baltimore & Ohio R.R. v. United States, 261 U.S. 592, 597 (1923)). Plaintiff argues that the GPO urged it to proceed as quickly as possible to ensure that the new production facility was ready to take printing orders within 30 days of contract award. The GPO made a responsibility determination on or around January 28, 1994, and plaintiff argues that contract award was conditioned on its readiness to produce under the approved plans and in the approved facility within 30 days of award. Plaintiff likens this case to Sperry, where the defendant agency requested accelerated production and delivery of the subject of the contract absent a follow-on contract. Here, however, the pre-award survey did not require plaintiff to perform more work than that anticipated by the specifications, nor did the GPO pre-award survey team or the contracting officer's requirement of readiness relate to a separate contract. Rather, plaintiff understood that the 30-day readiness requirement was part and parcel of the IFB. CONCLUSION Accordingly, based on the foregoing, the Clerk of the Court shall enter judgment for defendant. IT IS SO ORDERED. No costs. __________________________________ Christine Odell Cook Miller Judge The average run per patent is 52 copies, of which 40 (of each patent) are allocated to create full patent sets. Forty of the 45 patent sets are sent to foreign patent offices and 5 are used internally by the PTO. The other 12 sets represent individual patent copies for other purposes and are not reduced. First, Mr. Weiss calculated the total impressions allocated for full patent sets, for the 4-month period before the reduction would take effect. Second, he calculated the remaining impressions for the 10 month duration of the contract that would not be affected by the change because they did not comprise copies for full patent sets. Third, he calculated total impressions for full sets, beginning with the October 1 issue -- when the 12-set reduction (or 30% reduction of the 40 sets) took effect. Next, he added the number impressions for the above 3 calculations to arrive at a figure of 44,439,032, the total soft-set impressions (before and after the reduction) and remaining impressions (not affected by the reduction). To this figure, he added the number of hard-set impressions (total impression comprise soft- and hard-set impressions) for the 10 month duration of the contract, to arrive at 60,324,358. Of the approximately 80 million total original impressions, 60 million would remain, for a 25% reduction. _______________ 1/ Specifically, the program buys hard copy patents, printed on ledger stock, and soft copy patents, printed on offset stock. 2/ The IFB defines a "soft copy set" as "[o]ne copy of each utilities, plants, reissues, reexam[ination]s, Certificate of Correction and SIRs patent for a given issue, printing on White offset Book (or as specified under STOCK/PAPER)." The patent sets transmitted to foreign countries' patent offices are soft copies. Patent sets consist of all patents issued each week, whereas patent copies refer to duplicates of a single patent. 3/ "Issue" is defined by the IFB as "[t]hose allowed patents, related indices, and other printed matter which constitute an Official Gazette for a given week." 4/ The GPO had received two bids, one from plaintiff in the amount of $2,887,812.39 and one from GraphicData, Inc., the incumbent Program D306-S contractor, in the amount of $2,933,925.23. 5/ The IFB stated that a pre-award survey was necessary to make a responsibility determination. If deemed necessary by the contracting officer, the contractor would also be required to perform a pre-award test involving the production of copies in accordance with the specifications. 6/ Utility patents, for inventions, comprise the vast majority (approximately 95%) of all issued patents. Other types of patents include design patents, for non-functional features of an item, e.g., its look or shape, and plant patents, e.g., asexually reproduced plants or grafted plants. 7/ A classified search file is a set of patents that is divided into numerous categories based on different technologies. It is relied upon by a given patent office's examining corps and independent patent searchers to search for relevant patents. While CD-ROM storage of patents is compatible with numerical patent sets, used for retrieval purposes, it is incompatible with a classified patent set because searching necessitates categories that contain all issued patents. A single CD-ROM, e.g., for all patents issued each year, would not allow a searcher to search all issued patents within a single category. 8/ According to Mr. Saifer's memorandum of May 31, 1994, the 12- set reduction -- a result of sending each country only one paper set -- would be accomplished by savings from the following countries (paper set savings in parentheses): Austria (1); China (1); Germany (4); Denmark (1); Great Britain (2); Sweden (2); and the Russian Federation (1). Testimony of the contracting officer, Richard Weiss, confirmed these countries and numbers by examining the specifications' delivery requirements and subtracting all but one set. 9/ It is easy to understand the confusion surrounding the CD-ROM capability issue. Commissioner Lehman's Notice explains that in order to save money, the PTO "would like to substitute CD-ROM U.S. patent documents for those currently provided in paper or microfilm under our exchange agreements." The PTO offered to provide two CD-ROM subscriptions for each paper patent set replaced. However, given that not all countries may have CD-ROM reading capability, the PTO would continue to send a single paper patent set, assuming the country maintained a classified search file and offered one of their paper patent sets to the PTO. Therefore, although this new policy was not a direct result of countries' capability to read or use CD-ROM patents, or a conversion to CD-ROM patent storage per se, it was certainly related to encouraging the use of CD-ROM. 10/ This number represents the minimum number of patent sets required. The 40 patent sets for foreign distribution were reduced by 12 sets, leaving 28 patent sets, which, when added to the five patent sets for internal PTO use, yield the 33-patent set figure. 11/ GraphicData alleged that 1) plaintiff's bid was not signed by an authorized official and thus was not responsive and 2) plaintiff lacked the necessary facilities to perform the contract. 12/ As plaintiff notes, in Finley v. United States, 31 Fed. Cl. 704 (1994), the court reasserted its position in Crux Computer regarding bid protest costs. While it may be possible to recoup bid protest costs, at least under these cases, recovery still requires that plaintiff "demonstrate[] [that] the government did not treat his bid honestly and fairly." Id. at 707. This showing is precisely plaintiff's deficiency here. 13/ This is the same definition for Bid and Proposal costs as that given by the cost principles in the Federal Acquisition Regulation. 48 C.F.R. §31.205-18(a) (1996). Reported at 40 Fed. Cl. 277 (1998)


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Island County commissioner's race now has four candidates
Republican Reece Rose filed as a candidate in the District 1, Island County commissioner's race on Friday afternoon.
Rose is now the fourth candidate in the race. She joins fellow Republican Phil Bakke, the incumbent, Democrat Helen Price Johnson and unaffiliated candidate Curt Gordon.
Rose ran for the District 1 position in 2003 but lost to Republican Mike Shelton. She vowed to run again soon after her loss, and filed paperwork with the state in February 2004 as a candidate in the 2008 race.
Bakke replaced Shelton, who resigned last year to take a job in Olympia.
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This sign… the nature of which is up for debate… cost Paul Pierce $25,000.
So what was it? The folks over at Comcast Sports Net report that its a sign for "blood, sweat and tears". And really… I wish I could believe them… but does anyone think that in that context, Pierce wants to relay the message "blood sweat and tears" after being taunted by Al Horford?
Danny Ainge is going to appeal… and here's hoping this is the last we hear of this. Someone tell Paul, and all pro athletes for that matter, that you're always on camera during a game. Every sign… every time you pretend to scratch your nose so you can pick it… everything is on camera. Douchebags like me will analyze how you tuck in your shirt if there's video and some question about the technique. Just watch yourself out there.
— update–
Here's the quote about the fine from David Stern from CSN in response to the "blood sweat and tears" explanation: "I would say my office doesn't quite buy that… and we've had interviews with various parties and we feel that fine is appropriate."
On the appeal he said "there can be an appeal, but that appeal comes to me."
Hey Paul… pay the $25 K and end this thing… please.


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STATEN ISLAND, N.Y. -- Staten Island Muslim leaders today expressed shock and dismay at a Long Island congressman's plan to hold hearings in Washington later this week under the banner of the "Radicalization of Muslim Americans."
They called the move "ill-advised," said it seeks to "vilify" all Muslims and predicted it would add to the unease of young Muslims who were "born, raised and educated here."
"For young kids in school, this will only increase the peer pressure," said Mohammed Sadeia of Graniteville, president of the Muslim American Society of Staten Island and Brooklyn. "It is very disturbing. I feel very sad about it."
"These hearings are ill-advised," said Hesham El-Meligy, an interfaith community leader from New Springville. "They will vilify the entire Muslim community. We should study all the reasons for illegal and immoral violence in our society, not single out one community."
Rep. Peter King (R-L.I.), chairman of the House Homeland Security Committee, today said the "main goal" of the hearings, beginning Thursday, "is to show the extent of radicalization within the Muslim-American community, how dangerous that is, how serious that is. I will have witnesses there to show it's a real threat, it's a growing threat, and it's not just me saying this."
But detractors have likened it to the McCarthy hearings of the 1950s, and noted two of the most heinous acts of domestic terrorism -- the bombing of a federal building in Oklahoma City in the 1990s and the attempted assassination of an Arizona congresswoman earlier this year -- were the acts of Americans unaffiliated with Islam.
Rallies were staged in Manhattan over the weekend to protest the King hearings.
In a statement, Rep. Michael Grimm said: "Although I support chairman King in his efforts to combat terrorism and protect Americans from another attack, I believe that the Muslim community must play a leading role in fighting radicalism. With the threat of homegrown terrorism on the rise, the Muslim community can be an important asset to law enforcement in combating radical Islam. I know many members of the Muslim-American community who share concerns that radicalism jeopardizes their ability to live peacefully in America."
"As a former F.B.I. agent," added Grimm (R-Staten Island/Brooklyn), "I worked closely with these communities, which is why I know the importance of building a close relationship with them. New York is the biggest terror target in this nation. All communities need to work with law enforcement to open communication channels and report threats. To be effective, we must work together to keep our cities safe from radical acts of violence and future terrorist attacks. That is why I am looking forward to working closely with chairman King to help ensure that his concerns are met with fruitful cooperation and joint efforts in mutual respect between law enforcement and the Muslim-American community."
Sadeia said holding the hearings could "give extremists an excuse to claim America is at war against Islam."
El-Meligy called the official name of the hearings "an appalling vilification of the entire Muslim community." He said publicity about the hearings had "already led to a rise in verbal and physical abuses ... including a Sikh person who his attackers perceived as Muslim."
"Muslims, as others in America, care about their country and its safety," added El-Meligy. "We should study all reasons that lead to illegal and immoral violence within the American society, and not single out a certain group."
To do so, he said, "contradicts the values this country was built upon and is against the principles laid down in the Constitution."
Rather, Sadeia said King should hold "town hall meetings" and invite young Muslims to participate, to talk to them, the hear them, to listen to their concerns.
"I don't know why he is choosing to root out a single group, a single community in American society by default," said Sadeia.
"I don't know if it is bigotry or not," said El-Meligy. "I don't know what is in his heart."
In 2006, Javed Iqbal of Mariners Harbor was charged with providing Hezbollah TV broadcasts via satellite dishes on property, in violation of federal law.
King has defended his planned hearings, saying, "When we were going after the Mafia, we looked at the Italian community; the Westies, the Irish community," he said. "In New York, [when] they go after the Russian mob, they go into the Russian community in Brighton Beach and Coney Island."


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Related links
- New Hall of Famer Dennis Rodman shows the world his legacy does matter to him
- 'Run T.M.C.' reunited at Naismith Memorial Basketball Hall of Fame
- Photo gallery: Hall of Fame Family Reunion and Awards Dinner
- Photo gallery: Introduction of 2011 Naismith Memorial Basketball Hall of Fame inductees
- Photo gallery: Attendees arrive at Springfield Symphony Hall
- Photo gallery: Highlights of the 2011 enshrinement
- Video: Class of 2011 is presented with enshrinement jackets
The hair is blond, the facial hardware is in full display and the voice is as horse as a two-pack a day smoker.
The tears are flowing as he thanks people and says his only regret is that he wasn't a better father.
Charles Barkley on the stage as presenter but he won't get a chance to talk.
Five-time, that's right, five-time Olympian Teresa Edwards is up next. She was the youngest Olympic basketball player as well as the oldest.
Guess that means Dennis Rodman will anchor the show, which will surprise no one.
Tex Winter takes the stage with son Chris and is presented by Phil Jackson.
Rough speech for the son, really struggling. Can't be easy to speak for someone else but he needs to wrap it up.
Winter suffered a stroke and has trouble speaking so is son is doing it for him.
The late Goose Tatum is represented by his son Reece Tatum III who is joined by fellow Harlem Globetrotters Meadowlark Lemon and Marques Haynes.
Sad story told by Goose's son, about his dad quitting the Globetrotters then traveling and doing his own thing. About having racial trouble in the South and his father dying and being buried in an unmarked grave.
A-Train Artis Gilmore takes the stage escorted by Julius Erving.
He says it wasn't about the journey but the destination then dropped some Dr. James Naismith and basketball origins knowledge on us.
Another fine speech from another cool character.
Arvydas Sabonis up next. Another Hall of Famer will an incredible voice but we don't hear to much of it as the former Trailblazer keeps it to a minimal.
Magee has the jokes just rolling off his tongue, mostly taking jabs at his school's former name Philadelphia Textile.
Nice video testimonial from some of Philly's many great coaches for Magee, who is called the "King'' of coaches in the City of Brotherly Love.
Herb Magee, who will bring his Philadelphia University Rams to Springfield in December to face AIC at the MassMutual Center, is up next.
Pearls of wisdom imparted from Al Attles to Satch about speaking in public.
"When speaking in public, remember the three Bs. Be brief, brother.''
There will be no more eloquent a speaker tonight than Satch Sanders.
He looks like a professor, sounds like a professor, has a great voice and is obviously very comfortable speaking in public.
VanDerveer says her grandfather was from Springfield and that her parents met at Springfield College and that she would return here every Thanksgiving.
VanDerveer coached 1996 Olympic team with Rebecca Lobo that not only won gold, but went 60-0 on the journey.
Stanford women's coach Tara VanDerveer is next. She quipped about getting a tattoo Thursday in honor of Dennis Rodman. Wonder if she did.
Mullin opens by thanking Hall of Fame coach Lou Carnesecca, his presenter and mentor and coach at St. John's.
"If not for you in my life I would not be standing here tonight,'' Mullin said.
Ahmad Rashad playing master of ceremonies.
Looks like Chris Mullin, the sweet-shooting lefty from St. John's, will be first.
For all you Philadelphia 76ers fans out there, how about Dr. J and Charles Barkley chatting with NBA TV on the steps of Symphony Hall.
Man dressed in a white wedding dress awaiting the arrival of Dennis Rodman.
Arvydas Sabonis and Artis Gilmore are two massive men. Doubtful there have been two bigger men in the same Hall of Fame class.


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Time again for gift giving
Enumclaw Youth and Family Services is again providing low-income Enumclaw residents with their choice of Adopt-a-Family or Giving Tree Participation.
Anyone interested in adopting a family for Christmas by buying a grocery gift card, each family member gifts and family Christmas tree, can contact Christine Adkins at 360-825-4586, ext. 5654.
To purchase an individual gift for a local child the Giving Tree will be up at Work Sports and Outdoors. All gifts purchased at Work Sports and Outdoors will receive a 15 percent discount off regular priced items. Please return gifts to Work Sports and Outdoors or Enumclaw Youth and Family Services at 1356 Cole St.
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The final live, 2 hour episode of "Dancing with the Stars"' 18th season airs Tuesday, May 20 at 9 p.m. on ABC – following an hour-long season recap at 8 p.m., for those who want to catch up – and U-M student and Olympic gold medalist Meryl Davis is one of the last 3 celebrity contestants standing.
The others are Candace Cameron Bure (with partner Mark Ballas) and Amy Purdy (with partner Derek Hough). Davis' ice dancing partner - and fellow U-M student and Olympic gold medalist - Charlie White was eliminated from the competition on an episode that aired May 12, to the surprise of many fans. White has since declared himself to be on Team Meryl.
DWTS judges Len Goodman, Bruno Tonioli and Carrie Ann Inaba will offer some final insights and feedback during Tuesday's show, when we'll learn who wins the coveted Mirrorball Trophy.
The 2 hour finale will kick off with a dance number featuring all the couples from this season, as well as the judges; then one of the finalist couples – determined by fan votes on Twitter - will perform an encore of their Freestyle routine, which was originally performed on Monday night's show.
Tuesday's episode will also feature Team Loca (Davis, Purdy, Cameron Bure, and Danica McKellar, with their pro partners) performing a group dance to "Livin' La Vida Loca," a Latin Night number that was canceled due to an injury sustained by Purdy during the original broadcast. The judges had to base their assessment on this dress rehearsal footage.
Plus, Davis will, for the first time on the show, dance with White, and the 3 finalist couples will perform a new routine as part of the "24 Hour Fusion Challenge." Scheduled musical performers include last season's champ, Amber Riley, as well Christina Perri, Iggy Azalea (featuring Charli XCX), Cody Simpson and Ariana Grande.
I'll be live blogging in the comments section below, so you're invited to join in the conversation as the show airs.
On Monday night's "Judges' Pick and Freestyle" show, James Maslow and partner Peta Murgatroyd were eliminated, which shocked the DWTS crowd (and many fans across the country), who expected the consistently lower-scoring team of Cameron Bure and Ballas to get the ouster.
Given these circumstances, the real showdown on Tuesday's DWTS finale will likely be between Davis and Purdy. And while I think Davis is the hands-down best dancer/contestant this season, my guess is that Purdy's inspirational back-story (and ongoing physical struggles) will ultimately win the day.
Tune in on Tuesday at 9 p.m. to see if I'm right or wrong.
Amy Purdy and Derek Hough (Argentine tango and cha cha) 10+10+10=30
Carrie Ann says, "You always lift us. … We talk about Maks and Meryl's partnership. Your partnership is special, too." Len says: "You are a fantastic dancer." Bruno: "Your dancing is right up there with the best. … Unforgettable."
Candace Cameron Bure and Mark Ballas (quickstep and samba) 9+9+9=27
Bruno: "We had ups, we had downs, … but I tell you, you've always been charming, adorable, … and you've worked very very hard. Well done." Len: "Not always top of the leaderboard, but you're tops with the fans."
Meryl Davis and Maks Chmerkovskiy (fox trot and cha cha) 10+10+10=30
Carrie Ann: "The best part of the season for me, speaking honestly, is you two." Len: "It's been like a novel. Full of twists and turns, and we've come here to the last page. … You are great." Bruno: "Watching you 2 is like when you discover the excitement and passion of your first love."
Meryl and Maks: 90
Amy and Derek: 89
Candace and Mark: 78
3rd place: Candace and Mark
2nd place: Amy and Derek
1st place: Meryl and Maks!
Jenn McKee is an entertainment reporter for The Ann Arbor News. Reach her at firstname.lastname@example.com or 734-623-2546, and follow her on Twitter @jennmckee.


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Kent, Renton police seek public's help to identify home burglary suspects
Kent and Renton police are asking the public to help identify a pair of burglars allegedly associated with several recent home break-ins in the two cities.
The two were caught on home surveillance video while reportedly breaking into two different homes, one in Kent and another Renton, according to a Jume 18 Kent Police media release. While no one was hurt in either incident, both victims reported damage to their homes and property loss as a result of the crimes.
Law enforcement officials from Kent and Renton have been working to resolve a string of home burglaries plaguing local neighborhoods since early this year. Most of the break-ins have occurred between 8 a.m. and 4 p.m. Monday through Friday. Police believe the thieves are capitalizing on residents being away at work when the burglaries are occurring.
While police have deployed plain-clothes officers to assist uniformed patrols, the officers also want the public's help.
"We believe that someone will recognize this pair," said Kent Police Lt. Pat Lowery. "If seen, we are asking that the public not try to detain either person but call 911 immediately."
Information also may be left at 253-856-4040.
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SAGINAW, MI — A judge soon will hear additional testimony against four men whom prosecutors are attempting to hold responsible for the homicide of a teenager shot during a May 23 pre-prom quadruple shooting.
Saginaw County Chief Circuit Judge Fred L. Borchard on Monday, Oct. 28, approved prosecutors' request to remand the cases of Keon V. Bowens, Isaiah D. Clark, Evellis T. McGee, and Karon D. Thomas back to District Court for a preliminary hearing on a charge of second-degree murder.
Saginaw County Assistant Prosecutor Paul Fehrman requested the hearing in order to charge the four men with murder, rather than the charges they currently face, in connection with the shooting death of 17-year-old Tonquinisha "NeNe" McKinley.
With Borchard's decision, court officials soon will schedule a date for Saginaw County Chief District Judge M. Randall Jurrens to preside over the hearing, intended for a judge to determine whether probable cause exists for trial.
As it stands, the 20-year-old McGee and 18-year-old Thomas are charged with conspiring to commit first-degree murder, with assault with intent to murder, and with four firearm offenses while Bowens, 18, and Clark, 24, face multiple felony gun possession charges.
All four are charged in connection with what Fehrman has described as "a gun battle" at an unofficial Saginaw High School pre-prom gathering about 6 p.m. in the parking lot of the Florence Event Hall, 110 Florence near Salt on Saginaw's southwest side. McKinley died after she was shot in the head, and three other women were shot but survived.
McGee and Thomas, who prosecutors allege are members of the East Side Gang, are charged with conspiring to kill an 18-year-old man who was not injured in the incident. The 18-year-old, then a senior at Saginaw High School, lived in the Sheridan Park neighborhood, and Bowens and Clark either lived in the neighborhood or had ties to it, prosecutors have said.
Fehrman now is attempting to charge all four men with murder on the theory that, as it states in Michigan jury instructions, they "knowingly created a very high risk of death or (of) great bodily harm knowing that death or such harm would be the likely result of (their) actions."
Fehrman said Michigan State Police crime lab test results show that three .40-caliber and two 9mm handguns were used. Experts also processed a "total station" accident reconstruction-type report to determine how the incident unfolded, Fehrman said.
Experts had not conducted their tests or completed their reports by the time of the defendants' preliminary hearings, so Fehrman proceeded with having the suspects bound over on their original charges.
Borchard on Monday also approved Fehrman's motion to consolidate all four defendants' cases together for the hearing. The judge said that after the hearing, he will consider any motions from the defendants to have their cases separated from those of the other defendants.
Bowens' attorney, Edwin Johnson III, and McGee's attorney, Kirk Ellsworth, both indicated Monday that they will request separate trials, saying that their clients have "antagonistic defenses" to those of the other defendants.
Johnson argued that Bowens' ties to Sheridan Park could lead to "guilt by association," while Ellsworth argued that McGee has a self-defense case.
Testimony from the first preliminary hearing for McGee, also known as "Veezy," and Thomas, also known as "Do Man," alleged that they opened fire at the 18-year-old and his group of friends as more than 100 people were gathered in the parking lot. Jurrens ordered MLive not to identify the student or any other civilian witnesses from the hearing.
Two of McGee's and Thomas' fellow alleged East Side gang members, John H. Granderson and JeMarcus J. Watkins, are charged in connection with a July 11 firebombing and shooting at the student's mother's house. Their trial is scheduled for Nov. 19 before Borchard.
All of the men remain jailed.


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Do You Get Ready Everyday?
I'm a SAHM and I have trouble getting ready everyday. I stay in my pajamas almost all day on some days. I hardly do my makeup and hair, even when my SO is home. I feel like I should be doing these things but I just can't push myself. I mean, my mom and sister shower everyday, get makeup on, get dressed, do their hair, even if they have nothing planned for the day. Why am I so careless? How do I motivate myself? TBH, some days I don't even shower, sometimes for 2-3 days ....... :(
Don't you feel all oily and gross if you don't shower for 2-3 days? I shower every day either before work or after I workout.
Need some Time for You? Feeling stressed? Kick back, relax & take a break. If you're a woman who just wants to have fun, here's the place :)
I usually am at home almost every day,
I shower every day & most days will pout on make up & do my hair
Now there are a few days where I might not do make up ..
ut I always shower .. makes me feel so much better :)
Join us at
Time Out for You
I feel disgusting if I don't shower, but I can't make myself do it. I keep DD bathed and clean though. Another gross thing is that I don't brush my teeth as much as I should. Ugh, it's depressing.
SO HATES bball shorts lol but I wear them to bed sometimes :) Plus, right now he is training for his new job 6hrs away so I'm home all week and every other weekend alone or with DD ..
Quoting BShip2010:
I feel disgusting if I don't shower, but I can't make myself do it. I keep DD bathed and clean though. Another gross thing is that I don't brush my teeth as much as I should. Ugh, it's depressing.
I do get ready every day, yes. Shower, makeup, hair, clothes, etc.
Honestly, I do it because it makes me feel good. I feel put together, more confident and ready to take on the day...even if my day really is only spent caring for my baby or cleaning the bathroom.
Do you actually want to do makeup daily? or any of those things your mom & sister do? If you don't, that's really ok. Not everybody wants or needs styled hair, daily makeup, or to get fully dressed. As long as you're happy, the kids are happy and cared for, I don't see a problem.
But if you aren't happy, it's as simple as making yourself do something different and figuring out what would make you happier. Even forcing yourself to do something you don't want to see if it changes how you feel may be worth it too... :)
I do want to do that stuff but I find it hard to actually make myself do it. I have panic attacks and take pills for the anxiety/depression, so I don't really go out much because of the panic attacks... Blah :(
Also before ,when i was still a sahm i did the same thing.
i never sleep in either. Always get up early ( workdays 5.30. Free days 6.30- 7.00) otherwise its such a waste of the day in my opinion.
What time does your husband leave for work? Could you try to get up and get motivated before he leaves.. I had days like you are saying but I never went more than 2 days without a shower. Your child is 2 1/2 can they play by themselves even if in the bathroom with you so you can shower? I think the key will be if you shower and get dressed you will feel better. Also what about having a plan for the day.. Maybe plan to go to the park or find a local play groups.. Call some churches (I'm not religous but found a great one at a local church)..
GOOD LUCK and I think you will find that many of us have been through something similar..


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Go, Twins!
February 10, 2012 - Karin Elton
For years, I've been trying to get my twin daughters to wear T-shirts that say "Twins" on them as in Minnesota Twins.
I know that's corny and don't blame them for turning down my repeated offers to buy them Twins stuff.
Recently a big box store had a really good deal on Twins hoodies. $5. I bought a bunch of them for my sons and what the heck, for my daughters' boyfriends. My daughters like wearing their boyfriends' clothes on occasion and what did I see this week? Both of them wore to school, on different days, a navy blue Twins hoody.
Boy, I was devious in getting them to wear Twins stuff and didn't even know I was so clever.
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HTC's April Revenue Rises A Bit With Release Of The One
As we all know by now, HTC's profits have been steadily declining. Their success as a company is riding on the HTC One, and with the release of its unaudited revenue for the month of April, it seems to be working. HTC took in $660 million in April, a significant increase over the $540 million it earned in March. And considering that the HTC One came out in late April in many places, that increase could be exclusively from the last week and a half of the month.
Unfortunately, it's not quite up to par with their revenue from April of 2012, which was $1.2 billion. But it's just the start. With the HTC One selling across three carriers, they should be seeing revenue increase significantly. And this fairly small increase is already a sign of hope. It even seems likely that HTC will reach their goal of $2.73 billion in revenue for the second quarter of 2013. Looks like HTC may be on its way up again.


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Gym Open 24/7
Kids Club Hours
Address 4820 W. Newberry Road Gainesville, FL 32607
View Club on Map
General Manager - Adrian Antigua
We make it easier for you to get to the gym by making it more convenient. We're open 24/7 so you can exercise anytime. We have a kid's club for your children that's so engaging they will beg you to bring them to the gym. And, GHF has 3 locations so you can find one close to your neighborhood, including an all women's location.
More variety will get you in better shape and keep you that way. With our 900 group classes monthly, there's a class for everyone from Zumba to yoga and everything in between . Add indoor basketball, swimming, and a sauna, steam, and whirlpool for the ultimate experience. With thousands of cardio and weight machines, there's hardly ever a wait and you can do something different every time you come in. Our staff of 400 strong will help you in every area of the center so you know what you're doing and feel comfortable.
Our multi-million dollar expansion and renovations that continue today offer you and your family the best in contemporary design, elegance, and functionality that will make you feel good being here—and that's what it is all about.Believe in Better!
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©2016 Gainesville Health & Fitness
All Rights Reserved.


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At NJCU, I had the opportunity to speak at a state Assembly Public Safety hearing on the effects of cuts in funding to Police and Fire departments. I would like to thank Assemblyman Charles Mainor for bringing this meeting to Jersey City. The information that was presented provided details on how the cuts have put all of our safety in jeopardy. Fire departments now assist from towns as far as 20 miles away, leading to an increase in loss of property and most tragically, loss of lives.
The firefighters who spoke pointed out that fire equipment (hoses, couplings, radio frequencies) are not universal, meaning that when other companies assist neighboring towns, they may not be able to communicate with each other or connect to the water supply or other fire equipment. Also, due to numerous recent retirements, the average age (read experience) of the firefighter has dropped significantly. Budget cuts have led to closures of fire stations with a direct impact on the time it takes to get to a fire. This was evident in the six-alarm Easter Sunday fire on Claremont Avenue -- the closest firehouse was closed on that day due to budget cuts. The police spoke about how the decreases in funding have forced them to cut back on services, with Police Chief Tom Comey giving a chilling report on how many services are affected.
I spoke about how the safety of our students is affected by local violence. With 180 vacant properties, including Greenville Hospital right next door to my home, the rise in violence, vandalism, illegal dumping and drug activity has skyrocketed. Ester Winter, a local resident and activist, spoke about how the recent spike in crime has personally affected her family and neighborhood. She presented crime statistics to the committee and strongly urged them to provide the funding needed to make our city safe.
Thanks to Assemblymen Charles Mainor, Sean Connors, Joseph Cryan and Jason O'Donnell for being a part of the team that allowed this hearing to take place.


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Review Summary
- Spacious, elegant standard rooms sleep families of five.
- Boating and beaches on the Seven Seas Lagoon
- On the monorail; 10 minutes to the Magic Kingdom
- Full-service spa and 24-hour, well-equipped gym
- Two pools, including one with a zero-depth entry and a waterslide
- Free Wi-Fi
- Supervised kids' club
- Décor is more formal than the Polynesian or Animal Kingdom Lodge.
- Expensive on-site dining (but five options)
Bottom Line
The Grand Floridian, Disney's crown jewel, is as elegant as it is expensive. Its prime location on the monorail and the Seven Seas Lagoon makes this deluxe resort one of the most conveniently located, but its upscale restaurants, full-service spa, and formal décor appeal more to adults than children.
Oyster Awards
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Friendly, warm service, but occasionally slow service requests
On the whole, service at the Grand Floridian is friendly and warm, but response times to service requests can be slow and the staff isn't as engaging with kids as at the Animal Kingdom Lodge. However, my stay overlapped with a unique holiday show featuring Celine Dion, and thus the front desk and bellmen were much busier than usual.
- Live jazz in the evenings
- 24 hour room service (most value and moderate Disney resorts only offer pizza delivery for dinner)
- Free copy of USA Today delivered to the room every morning
- Free shuttle to and from Orlando International Airport; free delivery of one luggage item per person
- Free shuttle bus or monorail transportation to the Disney theme parks; buses between the parks often run behind schedule, but the Floridian is conveniently located on the monorail line
- Guests can use their room key cards to charge theme-park and Disney resort purchases to their rooms.
- Concierge desk mainly helps guests book activities, restaurants or event tickets.
- Book restaurant reservations early, otherwise wait times can be up to 1.5 hours.
- Valet parking is charged per day (self-parking is free).
- No poolside drink service
The monorail, ferry, and bus are all outside your doorstep.
Located on the northwest side of Walt Disney World, the Grand Floridian is connected to several other Disney resorts, including the Polynesian and the Contemporary, via the monorail, which stops conveniently outside the Floridian's lobby. That said, while it's easy to get to the Magic Kingdom (five to 10 minutes), it's a bit of a trek to Epcot (about a 30-minute monorail ride that involves changing stations or a 15- to 20-minute drive, depending on traffic). But guests report that the monorail is more convenient than the bus.
Like most Disney resorts, the Floridian is set back from the main roads, so traffic noise isn't much of an issue (though some guests complained of noise between rooms). The downside, as is the case at just about any Orlando resort, is that there's not anything within reasonable walking distance; renting a car is a must if you plan to get off the Disney compound.
- Monorail station just outside the lobby: two stops to the Magic Kingdom; four stops (or a short walk) to the Monorail station at the Transportation & Ticket Center (aka the T.T.C.), where you can catch the monorail to Epcot Center.
- Walking path (or very short monorail ride) to the Polynesian, about 10 minutes
- Free shuttle bus to all other Disney resorts and theme parks; bus stop located just outside the main building (buses run about every 20 minutes)
- Free ferry service from the marina to the Magic Kingdom, located directly across the Seven Seas Lagoon
- Great views of the Magic Kingdom and the nightly fireworks show from the marina
- 15- to 20-minute drive to SeaWorld and Wet 'n Wild parks
- 20-minute drive to Universal Studios and Universal's Islands of Adventure
- 15- to 20-minute drive to International Drive, a 14.5-mile road parallel to Interstate 4 that's chock-full of hotels, strip malls, outlet shops, and restaurants.
- 30-minute drive to Orlando International Airport
- Self-parking is free; valet is charged daily
Nearby Hotels
Soft, elegant décor; unlike at other upscale Disney resorts, these rooms might be more appealing to grown-ups than kids.
A throwback to Florida's grand old Victorian-style seaside resorts, the Grand Floridian has standard rooms that are among the largest -- and most elegant -- of any Disney resort. At 428-square-feet, rooms are much more spacious than those at the Animal Kingdom Lodge or Coronado Springs, and slightly more spacious than those at the Polynesian next door. Most rooms were last renovated in 2007, and still look and feel fresh and new with wood trim and linens in soft, beachy colors. However, unlike the more affordable Coronado Springs' plush down duvets, the Grand Floridian has polyester-blend bedspreads like most other Disney resorts.
- The large standard room (430 square feet) can sleep a family of five on its daybed and two queen-size beds (room occupancy at most other resorts is four). Only the suites have king-size beds.
- Comfortable, but not luxurious bedding: polyester bedspreads; 250-thread-count sheets; a waffled blanket
- 27-inch flat-screen TV with basic cable and plenty of Disney programming, and a DVD player
- iHome iPod-docking alarm clock
- Electronic safe large enough for a laptop
- Some complaints of noise between rooms (in other words, TVs and screaming kids are sometimes audible)
- Most rooms have balconies.
- Toiletry sets from H20 Spa (a Disney brand)
- Empty mini-fridges; coffeemakers with free coffee; no minibar offerings
- Free Wi-Fi
- Tip: The property is large, and some of the buildings are up to a 10-minute walk away from the lobby, main dining areas, and pools. The two most convenient buildings are the main one and Sugar Loaf Key, but to get a room in either of these buildings you'll have to upgrade to a concierge-level room (which includes, among other things, free breakfasts and special concierge services). Otherwise, be prepared for a schlep, especially if you're stuck in Conch Key (though many of these rooms have nice views of the marina).
Rooms and Rates
Lots of features appealing to kids and adults alike
From beaches and a running trail to boat rentals, an enormous convention center, and two pools, the large number of high-quality features caters to people of all ages.
- Two pools: the Beach Pool has a zero-depth entry, a waterfall, slide, and Jacuzzi; the Courtyard Pool is quieter and more relaxed, and has both a Jacuzzi and a kids' pool.
- White sand beach along the Seven Seas Lagoon with cabanas for rent (four hours, $117; nine hours, $197)
- Two clay tennis courts; private lessons available for $80 per hour
- 24-hour video arcade at Gasparilla's Grill & Games
- One-mile-long jogging trail between the Floridian and the Polynesian resorts, which also has prime white sand real estate along the Seven Seas Lagoon
- Boat rentals available at the marina, including pontoons, small-engine Sea Ray Sea Raycers, and a 48-foot Sea Ray yacht, replete with four TVs and a Bose sound system.
- Full business center, open 7 a.m. to 5 p.m., with computers, printers, fax, and Xerox machines in the 40,000-square-foot convention center
- Free Wi-Fi
- Self-parking is free; valet is $12 per day.
- Kids' club for children ages four to 12; open daily from 4 p.m. to midnight and includes dinner, video games, and arts and crafts. $11.50 per hour, per child.
Spa & Fitness Center
Full-service spa (one that even includes specialised treatments for kids) as well as a well-equipped gym
Like most of Disney's deluxe resorts, the Grand Floridian has a 24-hour fitness center and a full-service spa, including some services for kids. The spa was renovated in 2012 and features more treatment rooms and new services.
- Spa offers a full selection of treatments ranging from massages, manicures, and pedicures to bodyscrubs and water therapies.
- Some spa services are available for kids, including "My First Facial" and "My First Manicure"
- Well-equipped fitness center with an assortment of Life Fitness and Precor equipment, including 20 cardio machines like ellipticals and treadmills (some with personal monitors) and a wide selection of weight machines and free weights
More formal than most Disney resorts, but still with plenty of family-friendly features
Disney resorts are all family-friendly, and the Grand Floridian is no exception. It is, however, a bit more formal (and historic) than the other Disney resorts, and therefore feels a smidge less kid-friendly than, say, the Polynesian, which is also conveniently located on the monorail, or the Animal Kingdom Lodge.
- All standard rooms sleep up to five people on two queen-size beds and (often) an additional daybed -- more than most Disney resorts.
- Free cribs and bedrails upon request; extra rollaways are charged per night (though room occupancy is still limited to five people).
- Good variety of restaurants -- from pizzas at Gasparilla Grills to a family-style buffet at 1900 Park Fare to Victoria & Albert's, where a seven-course prix fixe is served.
- Concierge can arrange for private in-room babysitters through a separate company.
- Coin-operated laundry room
- 24-hour indoor video arcade at Gasparilla Grill, outdoor playground, and two pools, including one with a shallow, zero-depth entry, waterfall, and a waterslide.
- Kids' club for children ages four to 12; open daily and includes dinner, video games, and arts and crafts; charged per hour.
- Kids four to 12 can join Alice in Wonderland on weekdays for "tea" (apple juice) and crumpets (cupcakes)
- Some spa services available for kids, including "My First Facial" and "My First Manicure"
- Like all Disney resorts, there can be long wait times at meals, especially dinner, so reserve early.
Enough variety for kids, but prices are higher and restaurants are fancier than at most other Disney resorts
The Floridian has five primary dining options, ranging from quick grab-and-go to a tea parlor and a fancy schmancy sit-down. All have children's menus and kid-friendly dishes (except Victoria & Alberts, which is so fancy you wouldn't want to bring the kids anyway). Despite the resort's decent range of food, the restaurants on the whole are more upscale than most Disney resorts -- and some of the priciest.
- 1900 Park Fare is open for breakfast and dinner, and offers buffets at both meals. It's one of a handful of Disney restaurants that offers what's called "character dining," where staff members dress up, in this case, as Mary Poppins, Alice in Wonderland, and Cinderella, and prance around the restaurant entertaining kids. Food is basic American.
- Afternoon tea is served in the Garden View Lounge, served in British tradition with scones and finger sandwiches.
- Victoria & Albert's is said to be Disney's finest restaurant -- and it's also the most expensive. Jackets are required for men at this seven course prix-fixe -- best to leave the kids in the room, with a sitter, or at the kids' club.
- Gasparilla Grill & Games serves burgers, sandwiches, and pizza in a cafeteria-style setting. It's the cheapest among the Floridian's dining areas, but is still costly.
- Citrico's is only open for dinner, and serves what they call American and Mediterranean fusion, but is more American than not (think pan-seared salmon with fingerling potatoes). It's expensive, and despite an open kitchen, isn't especially kid-friendly, but the food's good.
- Narcoossee's serves fresh seafood, at some very steep prices.
- Grand Floridian Café serves breakfast, lunch, and dinner and offers American favorites at typically inflated Disney prices.
- 24-hour room service
|Key Features
Fitness Center
Kids Club
|Hotel Services
Transport to / from Hotel
Dry Cleaning
Rental Car Service Desk Onsite
Room Service
|Family Services
Babysitting Services
Kids Allowed
Kids Club
Supervised Kids Activities
|Things to Do
Beauty Salon
Business Center
Fitness Center
Gameroom / Arcade
Tennis Court
|Room Features
Air Conditioner
|4401 Floridian Way, Lake Buena Vista, Orlando, Central Florida 32830, United States
|(407) 824-3000
|Also Known As
|Room Types


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Saturday evening I went to visit my dad to help him with a new laptop that he recently bought. Being that I'm a bit of a computer guru, everyone in the family calls upon me for computer help. Anyhow, my dad lives in Millersburg and to get there, I had to drive through the area of Halifax that was affected by the tornado on Friday afternoon.
I didn't drive through the area until shortly after sunset, so I couldn't see too much. However, I was a bit surprised at how the Sheetz looked untouched by the storm, while Patton Tires, which is directly across the street from Sheetz, was hit so hard. Just past Patton Tires, it looked like the Shell gas station itself was untouched, but it looked like the roof was torn off their car wash. Also, the Community Banks office across the street looked damaged somewhat and then Accu-Mold, which is next to the Community Banks office, was heavily damaged. I found a picture online that shows the Accu-Mold building in the background.
My dad actually works at Accu-Mold. He wasn't there at the time that the tornado hit, however. I asked him if he had spoken to anyone there and if there was any warning. He said that there was no warning and that one female employee started screaming because she saw the roof lifting up and down. Another employee then rushed everyone into an interior room. It's probably a good thing that they did that.
Since the business was so heavily damaged, they can't operate. From what I've read online, all of the employees will be able to collect unemployment. I don't believe the fact that my dad may not be working for awhile hit him until he was putting away the leftover spaghetti that he made us for dinner. He started to say he was going to take the leftovers to work one night and then he caught himself and realized it could be awhile until he goes to work again. I believe the company's owner is looking for a temporary location to operate the business until they can rebuild, so it may not be too long until they all return to work.
There were many others affected by this tornado. Unfortunately, one woman was killed when a tree fell on her car. Also, I believe I read that 70 homes were damaged by the tornado. While this is all terrible to have happened, I think it could have been a lot worse. The tornado hit during Friday afternoon rush hour in the area of the main road that carries people returning to upper Dauphin County from their commute to Harrisburg. The road and the businesses along the road were probably quite busy at the time. Since there was apparently little or no warning about the tornado, a lot more people could have been seriously injured if it took a slightly different path.


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Mike Linn
A Portales gang known for toting guns, spraying graffiti in parks and harassing youngsters recently lost six members to the Tucumcari Juvenile Detention Center, police said.
Portales police said the six gang members, whose names were not released, are in jail on charges ranging from trespassing to possession of a firearm to criminal damage to property while using a firearm.
They were taken to Tucumcari because Portales does not have a juvenile facility.
Police said the gang has about 15 members, and is known as the "L.K.s."
The gang has been known to sport bandanas, black and white attire and "L.K." emblems painted on white T-shirts, police and school officials said.
The gang was recently responsible for spraying graffiti at the Portales City Park and harassing Pop Warner football players during practice at the park, police said.
The members are now prohibited to visit the park.
Two weeks ago, police arrested two alleged gang members at the park, one for trespassing and the other for possession of a firearm.
Police said they then linked the firearm to a recent automobile shooting and arrested three more on felony charges in connection with the shooting of the automobile.
Members of the gang range in age from 14 to 16.
"We've taken a very proactive stance against this type of activity," Portales Police Capt. Lonnie Berry said. "We're going to guarantee safety at our schools — that's our primary objective."
PHS Principal Mel Nusser lauded the police effort in helping keep the schools safe.
"They're (police) willing to take the bull by the horns and that's what they've done," Nusser said. "It hasn't done anything but make Portales better."
Nusser said one member of the gang was expelled from PHS last year for being belligerent to teachers.
For the past two years, PHS and Portales Junior High School have had at least one police officer whose main job is to maintain student safety (each school had its own officer before one was called to duty in the national guard).
Nusser said he would like to regain another officer so each school has one constantly present during school hours.
Their presence, Nusser said, is great for school security and keeping unruly students in line.


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Tad Szyszka of the Syracuse Polish Festival is justifiably proud of this news.
Multiple Grammy Award winner Jimmy Sturr and His Orchestra will be coming to his year's event, which runs June 11 to 13 in Syracuse's Clinton Square.
Sturr, a native of Florida, N.Y., has won 18 Grammys. Sturr also performed at the Syracuse fest in 2006. He'll be playing 7 to 11 p.m. Saturday, June 12.
The fest features three days of Polish music, dancing, food and crafts, all with free admission. Organizers also award scholarships at the event.
The full schedule will be revealed as the fest approaches.
Here is a YouTube clip of Jimmy Sturr and his Orchestra.


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Mon., 10:13am: UPDATE Warren woman's bond set at $250,000 in Taemarr Walker death
WARREN — The 21-year-old Warren woman who was with Taemarr Walker last fall when he was killed in a confrontation with a Warren police officer was being held on $250,000 bond after her intitial court appearance this morning.
Regan Jelks, with addresses on Woodbine Avenue S.E. and Niles-Cortland Road, was returned here from Detroit late last week to face charges of involuntary manslauther and two counts of improperly handling firearms in a motor vehicle.
The indictment holds Jelks responsible for Walker's death.
Jelks was in her car with Walker, 24, early Oct. 19 when Warren police officer Michael Krafcik shot Walker to death following the confrontation. Krafcik, who was cleared April 10 by a Trumbull County grand jury of any wrongdoing, was responding to a disabled vehicle call when the car carrying Jelks and Walker drove off the roadway and into a ditch.
Jelks case was assigned to Judge Peter Kontos, who set a pre-trial next Monday.
Complete coverage will appear in Tuesday's Tribune Chronicle print and electronic editions.


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This deal has ended.
Get one Volcano Collection Original Bouquet of your choice for $30 (a $40 value) at TheBouqs.com via Rue La La. Or choose a deluxe bouquet (double the stems) for $38, a $50 value. Plus, as long as you sign in at The Bouqs, your order ships free. This is one of the best deals we could find on flowers from this company. The Bouqs ships flowers directly from farms, so they are guaranteed fresh when arriving at your door. Please note, these arrangements do not come with a vase. All of their orders have a 100% happiness guarantee. You must be a member to access the sale, but sign up is free and easy. Sales tax is not charged in most states. You will receive a confirmation voucher within 24 hours of purchase and a redemption voucher via email with 72 hours.No longer available


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Cake Topper!
- Last updated on August 2, 2010 at 2:54 pm
- |
- 9 comments
My cake topper came in today and its amazing! I highly recommend Gingerbabies (she's on Etsy and Facebook)...I sent her a bunch of pictures of me and FI and of our outfits and everything and she came up with this, its GREAT! I was going to surprise FI with it but I ended up showing him today and he loves it too. She said it was the first time she made Indian outfits and it looks GREAT!
(9) Comments
too cute!
LOOOOOVVVVVEEEE the topper
Thanks Skeenan76! We love it too hehe. I think we're going to put it in a glass box and put it on our mantle :D
That is one of the most adorable cake toppers I've ever seen!!!! :) YAY!


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Romantic Europe meets NYC: the ROBERT GELLER thread - Page 293
Should be cool. Lots of cool pieces there. The only thing that I am buying for myself is the Tatras scarf, I need to wear safety googles right now to protect my eye, and will need to do this for about another week, so I am embracing the whole steampunk thing, and the big scarf that creates this big neckline really helps. I now need some wierd steam gun thing.
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It's a band collar with some leather detailing. I don't have the piece in front of me right now to describe it adequately. It was one the the key pieces in the collection, but that just didn't seem to show up as many places as it ought to have. But now you have a chanvce to get it. It's one of the pieces I briefly considered for myself.
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- Location: Perry Hall, MD, 21128 USA
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Wondering the same thing. Also, what time will the price list be poasted?
Thanks again for doing this, despite your recent surgery. Wishing you a speedy recovery.
That's exactly it. Whoever pays for the piece first, gets it. I'll live update as quickly as possible, but please make sure that the subject line and notes are correct, because you don't want to get passed over because you didn't cut-and-paste correctly. For someone who paid second, the amount of the no longer available piece(s) will be refunded them. Also, don't get you address wrong. We've had a few problems with people getting their address wrong, resulting in significant delays The best thing to do is to have your billing and shipping address the same.
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I am going to try for noon PST. And thanks.
Yes, the sample size is typically 48. However, we put "sample" because in most of these cases, there is no tagged size.
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- Location: Toronto
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The coat to not sleep on is the Metropolis. It's made from a thick melton wool, with a canvas shoulder details reminiscent of that material in the FW07 collection jackts, a flannel trim through all the seams, and a soft nappy band collar, and the side slant pockets that are very Roberg Geller FW13. The retail was listed on this as well over $1.1K, which probably scared off a lot of retailers, but you can get it for a fraction of that. The Lang jacket, which has flannel cutouts throughout, is pretty awesome as well.
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It all started 12 years ago when three sailing buddies decided to scale things down on the size boats they were using.
The result was the Inner Harbor Model Yacht Club - a small group that today consists of a dozen guys who race remote controlled sailboats. The boats are built from kits and measure three feet long, and four feet high from the tip of the keel to the top of the mast.
The club's favorite racing areas are the Inner Harbor area of Ononodaga Lake, and at the Henderson Harbor Yacht Club on the shore of Lake Ontario, where many are members.
"A lot of us either sail or race bigger boats, ranging from my son's 28-footer to my 39-footer," said Lee Cagwin, 67, a real estate appraiser from Fayetteville, the group's leader.
"With these small boats, we use a small radio box -- the same unit the guys use who fly the remote controlled airplanes. With the control box, one part works the sails; the other, the rudder."
The highlight of the The Inner Harbor Model Yacht Club's sailing season is the annual George Dickel Cup Regatta held each Thanksgiving. Members gather with their boats at 10 a.m. at the dock on the Inner Harbor off Kirkpatrick Street.
They set up marks in the water beforehand using a kayak. They then hold several races. The overall winner gets his name inscribed in the George Dickel Cup, which he gets to keep for the year. The cup was obtained in the early going from Cagwin's mother. It stands about a foot tall and "looks like large martini pitcher," he said.
It snowed the first year the regatta was held.
"Who cares what the weather is? It doesn't matter. We go, have a good time, sail, come back home and have a good Thanksgiving dinner," said Cagwin, whose grown sons, Tyler and Todd, both participate.
Tyler won last year. Todd holds the club's record for most wins (3).
Who is George Dickel?
It's actually a whisky these sailors savor. The initial three club members ended the first regatta back in 2002 with everyone taking a shot from a bottle of George Dickel Tennessee Whisky. It's been a tradition ever since.
The original members were Cagwin; Steve Woiler, of Dewitt and Art Bronstein, of Syracuse. Bronstein is no longer a member.
Cagwin noted the sport of sailing remote-controlled sailboats is not unique to the Inner Harbor club. There's a National Model Yacht Association, and numerous clubs exist across the country.
He said there's a wide variety of sizes and classes for radio-controlled sailboats. Hotbeds for racing include Marblehead, Mass., Annapolis, Md. and San Diego, Calif.
"Three years ago, my son, Todd, was fifth at the national championships at Annapolis," Cagwin said.
All the members of the Inner Harbor Model Yacht Club race the CR 914 model sailboat, which they bought in a kit for $495 from a distributor in Annapolis. Everything comes with it. For those who want the boat completely assembled beforehand, the cost is about $900, Cagwin said.
"It takes a while to get the hang of it," Cagwin said. "When the boat is sailing away from you, you work the sails one way. When it's coming back, you do just the opposite.
"And you're just using the wind. Anyone who sails would find it intriguing to do."
For more information or to join the club, email Cagwin at email@example.com.


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Galvin had one assist during his four-game stint with the Griffins that started Dec. 31.
In 187 games with Grand Rapids from 2006-09, the former Notre Dame standout also had three goals and 36 assists.
Galvin was brought in because Griffins defensemen Jakub Kindl and Sergei Kolosov battled minor injuries.
In 20 games with the Muskegon Lumberjacks of the International Hockey League this season, Galvin has four goals, eight assists and a plus-9 rating. He also went scoreless in six games with the Providence Bruins in mid-December.
E-mail Michael Zuidema: firstname.lastname@example.com


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Ruffino Chianti Classico Riserva Ducale Tan
Sku: 1014066*
Since its first years of production, Riserva Ducale has become synonymous with fine Chianti, and it has played a leading role in the development of the privileged position which Tuscan quality wines hold throughout the world today.
In many markets this Riserva has in fact transcended its category and become known simply as "Riserva Ducale."
It has managed to preserve its excellent reputation through time, thanks to Ruffino's commitment to cultivating the finest Sangiovese grapes on the slopes of the Chianti Classico hills.
Item added to your cart


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Recent file transfers
Car Tuning (Stage 1):Volkswagen Polo 1.6 TDI 90hp ( 2009 - 2014 ( 6R ) )File transferred on: 25/10/2016
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Tuning file Porsche Boxster 2.7i 228hp ( 1996 - 2004 ( 986 ) )
|Dyno Chiptuning
|stage 1, stage 2, dpf off, egr off, decat
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