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NEW ORLEANS (AP) — For Louisville's Schimmel sisters, success on the basketball court during the NCAA tournament has brought their family closer together in ways they never anticipated.
Schimmel parents get married after win over Baylor
It inspired their parents to finally get married, for one.
As Shoni Schimmel and younger sister Jude recounted Saturday, the eve of Louisville's national semifinal matchup with Cal, the events leading to their father parents' long-overdue marriage began when Rick was talking about why Easter Sunday was an appropriate time to believe in miracles.
That, of course, was the same day the fifth-seeded Cardinals were to meet top seed and defending national champion Baylor in the Oklahoma City Regional semifinal — a game the Lady Bears were expected to win by most, including the Schimmel sisters' own mother, Ceci Moses.
"Sadly, I have to put my mom in the category with everyone else," Jude Schimmel said. "So she told my dad, 'If these guys beat Baylor, then I'll marry you.'"
That night, the sisters combined to go 7 of 10 from 3-point range to help Louisville pull off an 82-81 victory that will be remembered as one of the biggest upsets of the 2013 tournament.
The next day, Rick and Cici were married in Oklahoma City. The day after that, Louisville pulled off another upset against Tennessee last Tuesday to advance to the Final Four in New Orleans.
"My parents have been together for 28 years but they've never had the time to actually tie the knot," Shoni Schimmel explained. "they had a ton of kids, eight kids, and they just never really had the time to go out and do it because they're out coaching us or teaching us how to play basketball and stuff. They never had the time."
It somehow seemed fitting that the marriage would be triggered by a basketball victory, given how the parents took so much time to raise their children playing the game.
The Schimmels are native Americans, and the family lives on a reservation in Oregon where, Jude said, life is not always easy.
"There are so many negative things that are on the reservation," Jude Schimmel said, mentioning teenage pregnancy, drug addiction and alcoholism as examples. "Basketball is one of the things that are really positive. ... The fact we had so much support from our family helped us focus on basketball and not the negative things. Basketball's got us this far."
Shoni Schimmel is Louisville's leading scorer, averaging a team-high 14.4 points. The 5-foot-10 junior guard has been known to hit shots from well beyond the 3-point line. The 5-5 Jude Schimmel is a sophomore, averaging 5.6 points in a reserve role.
This past week, Connecticut coach Geno Auriemma called the Schimmel sisters two of the most exciting players in the country, and Jude Schimmel was gratified to hear such a high-profile figure in the game say that for several reasons.
Continue reading this story on the...


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The old adage says prevention is better than cure. Of course this applies to almost every health problem, especially stroke. This type of interference is due to the blockage of blood supply to a part of the brain and can cause sudden series of biochemical reactions, which can damage or kill nerve cells in the brain.
Its sudden, often makes it difficult to detect early symptoms. So often, sufferers often end in death. Then how to know the early warning to avoid this deadly attack. Listen exposure below :
1. Severe headache that comes on suddenly with no known cause. While this may be normal headaches of everyday life, but when someone is attacked with headache suddenly with no known cause, it's good for serious attention to these symptoms. Especially when there is disease in the history of hypertension or if you have previously had suffered a stroke.
2. Trouble seeing in one or two eyes. This may be in the form of blurred vision, blindness, or double vision. When this happens, it usually signals that the optic nerve in the brain affected by the presence of inflammation, lumps, or bleeding in the brain.
3. Mild drowsiness or dizziness, vomiting, and sudden confusion. This case can also be an important warning sign. Because the signals the brain can not get enough oxygen.
4. Difficulty speaking or understanding speech of others. This sign is a signal problem in the brain that facilitates language.
5. Sudden weakness or numbness in the arms, face, legs, or hands, especially along one side of the body. Symptoms to indicate a problem in the brain that regulate body movement system
Typically, the symptoms of a stroke lasts for 24 hours. Nevertheless, the signs are not entirely to signal the existence of a stroke. To be more sure, check immediately to the nearest hospital if things above visited.

subset: commoncrawl


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17th March 2010
Gay man beaten by chatroom robbers 2
2:55 PM — A Leicestershire gay man was beaten by robbers who tricked him into meeting them in a park. The 50-year-old victim had gone to a park in Colts Close, Burbage, at about 8pm on Sunday March 14th, after agreeing to meet someone on an internet forum.
Mad Men actor Bryan Batt says gay actors must 'make a choice' 5
2:25 PM — Former Mad Men star Bryan Batt has said that some gay actors have to choose between honesty and success. The actor, who has been with his partner Tom Cianfichi for 21 years, said that the public does not always accept out gay stars.
Catholic adoption agency wins right to appeal gay parents case 85
12:44 PM — Updated The last Catholic adoption agency to refuse to serve gay couples has won its High Court appeal. Terry Sanderson, president of the National Secular Society, warned that the decision could reverse other gay rights rulings.
General Petraeus supports review of Don't Ask, Don't Tell 2
12:20 PM — General David Petraeus, the Commander of the United States Central Command, has said that he supports a review of the US ban on out gay soldiers.
16th March 2010
Slash sorry for calling Michael Jackson song 'gay' 13
6:58 PM — Former Guns N 'Roses guitarist Slash has apologised for calling a Michael Jackson song 'gay'. He said he meant it sounded "happy".
Lesbian student sues over cancelled prom 9
6:53 PM — The American Civil Liberties Union has filed a lawsuit over a prom which was cancelled because of a lesbian student. Constance McMillen, an 18-year-old student at Itawamba Agricultural High School, was barred from attending the event in a tuxedo and with her girlfriend.
Top family law expert says gays could successfully challenge UK marriage ban 18
5:34 PM — One of Britain's leading experts in family law has said that gay couples may soon be able to successfully use human rights laws to challenge the gay marriage ban.
Changes to condom advertising 'may help fight HIV' 5
4:52 PM — Changes to how condoms can be advertised on television may help fight HIV, charities have said. The Broadcast Committee of Advertising Practice announced today that condom advertising will be allowed before the 9pm watershed.
Irish Catholic bishops say civil partnerships bill will 'undermine' marriage 27
4:29 PM — Bishops in the Catholic Church of Ireland have attacked a civil partnerships bill for "undermining" marriage. They said that gay relationships could never be equal to heterosexual marriage.
Pope confirms details of UK visit 92
3:24 PM — Pope Benedict XVI has confirmed the details of his UK visit this September, which will include beatifying a man who was rumoured to be gay.
Exclusive: David Cameron to answer your questions 198
2:31 PM — Conservative Party leader David Cameron has agreed to answer questions from PinkNews.co.uk readers. This is your chance to ask him how he would tackle issues such as homophobic hate crime and anti-gay bullying and how he can reassure the gay community that their rights will not be rolled back if the Tories win power.
Trial resumes over 2006 murder of South African lesbian 1
12:36 PM — The trial of nine men accused of murdering a lesbian in Khayelitsha, South Africa, has resumed. Football player Zoliswa Nkonyana, 19, was stoned, beaten and stabbed to death on February 4th 2006 in the township on the outskirts of Cape Town.
HIV infections in gay men 'increasing in homophobic countries' 5
11:57 AM — Rates of HIV infections in gay men are increasing in countries which have homophobic attitudes, the chief of the UN AIDS agency has said.
15th March 2010
Defendants in Atlanta bar raid found not guilty 2
5:42 PM — Three men who were arrested when police raided an Atlanta gay bar have been found not guilty of breaking licensing laws.
Gareth Thomas and Nigel Owens support Cardiff Mardi Gras 7
5:27 PM — Gay rugby legend Gareth Thomas and referee Nigel Owens are supporting Cardiff Mardi Gras. The 11th festival will be held on Saturday September 4th and 40,000 people are expected to attend.
Gerry Adams attacked for no-gays St Patrick's Day celebration 41
4:33 PM — Sinn Fein president Gerry Adams has been accused of hypocrisy for taking part in a pre-St Patrick's Day march which bans gays.
Lesbian air force sergeant discharged after police tell of her sexuality 9
3:58 PM — A lesbian sergeant in the US air force was discharged after police told her superiors about her sexual orientation.
Boy George and George Michael patch up 20-year feud 8
3:22 PM — Boy George and George Michael are on speaking terms after 20 years. The pair, who are both gay, fell out in the 1980s over Michael's refusal to come out of the closet.
Cynthia Nixon and Rachel Maddow win GLAAD awards 2
12:36 PM — Cynthia Nixon and television presenters Rachel Maddow and Joy Behar were honoured on Saturday night at the 21st GLAAD media awards in New York.
Stars on Ice denies Johnny Weir is not 'family friendly' 3
11:41 AM — Stars on Ice has denied it rejected figure skating champion Johnny Weir for not being "family friendly". Weir himself has claimed he was rejected from the show because of his perceived homosexuality.


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Why Is San Bernardino Bankrupt?
The prize for the most abjectly wrong headline in American journalism this week goes, I grieve to say, to the Los Angeles Times. Atop an article analyzing how California cities are coping with horrific budget crunches—which ran one day after the working-class exurb of San Bernardino followed its fellow working-class exurb Stockton into municipal bankruptcy—the headline writer plunked the following line: "Rising costs push California cities to fiscal brink."
The headline doesn't really capture what the ensuing article is about, which is what city governments have done as they have approached or gone over that brink. Rather, the headline advances its very own theory of causality for why Stockton and San Bernardino got into trouble: rising costs, which feeds nicely into the rightwing narrative about municipal unions undermining fiscal viability.
But that's really not what caused the crises of Stockton and San Bernardino. Thousands of other American cities had contractual arrangements with the public employees, many of them far more generous than those of these proletarian burgs. What sets Stockton and San Bernardino apart is that they were at the epicenter of the California housing bubble and the California housing bust. Both cities experienced a wave of residential construction aimed at the most financially shaky homebuyers, who signed a disproportionate number of sub-prime mortgages. And when the bust came, both cities experienced a record number of foreclosures and a sharp dip in employment, since the main industry in both cities was home construction.
Of the 372 federally designated metropolitan areas in the United States, Stockton ranks first in foreclosures, while Riverside-San Bernardino-Ontario ranks third. The Bureau of Labor Statistics' May breakdown of unemployment rates in the same 372 metro areas, with the area with lowest unemployment rate listed as number one, listed Stockton 364th and San Bernardino 354th. The unemployment rate in the city of Stockton proper in May stood at 17.5 percent; in San Bernardino, at 15.9 percent.
Both Stockton and San Bernardino depend on property and sales taxes for their revenues. With the value of their housing stock and the disposable income of their residents both in free-fall, the cities saw their revenues hemorrhage. That's why they filed for bankruptcy—not because of rising costs.
I should note that the head-up-your-ass headline ran on the Times' web page; I don't know if it ran in the print edition as well. Nonetheless, somebody took the trouble to write it, and, boy, did they get it wrong.
Sun, 2012-07-15 06:36
I registered just so I can write this comment. The author of this article makes the premise that government spending is not the problem, which is obviously extreme-left way of saying that government employee contracts are not to blame. He\she fails to acknowledge that even the San B. city attorney has claimed spending\revenue documents were forged for over a decade!
As a city employee (not 20 miles from San B.), I know first hand how bad the situation is and will be for taxpayers. Employees are routinely overcompensated and receive benefits that no private citizen has access to. In my city, most full-time employees have a pension plan that allows them to retire in the early 50s! Worse, the city council, for some god-forsaken reason decided that employees wouldn't even be required to pitch in their own portion of the monthly dues- the taxpayers now cover that, too!
City equipment, technology, and projects suffer because so much of the general fund goes to employee compensation; there isn't much left-over for anything else. Our computers all run extremely dated software, and streets are only paved in the most affluent parts of town, for example.
Sadly, this is a problem for the whole state. We are already in the hole for billions because we allow government employees, who are still capable of doing their jobs for 10 to 20 more years, retire on the taxpayer's dime. This WILL BE the downfall of our great state and I'm watching it unfold right from the inside.
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(If there's one thing we know about comment trolls, it's that they're lazy)


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Make your voice heard. View candidates of the 2015 NSCA elections and cast your vote.
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trainers, and other health professionals working in the strength and conditioning
Earn CEUs. Browse the list of NSCA approved home study courses and live events.
Check out the newest offering in the NSCA's Sport Performance Series.
Dr. Jennifer K. Hewit, PhD, CSCS, received her PhD in Biomechanics/Strength and Conditioning from AUT University where she developed a sport-specific agility assessment battery for Netball New Zealand. She now works for the NSCA as an Education Coordinator and continues her sport-specific agility research through various sporting organizations.
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text:
Sword Art Online hentai doujin [English, slightly retouched] : Suguha To Fairy Dance, by Mugenkidou (Also Known As Shunsaku Tomose)3 February 2013, by Oliver
Apparently, this is a basical "I love you bro – I also love you sis – hey let's fuck – oh yeah!" Sword Art Online parody. Now that we've seen how overwhelmingly brilliant the scenario is, we can simply focus on enjoying the drawings – that is, if they're to your taste ^^
Before / after : as you can see, I tried to improve a bit the grayscale pics, I'm not fully satisfied, but I think it's an improvement nonetheless
Thanks to whoever released that one, I, at least, enjoyed reading it !
By Mugenkidou, I also share Asuna To Online, a LARGE pack of 14 works (450 pictures), Boku To Rinjinbu To Umi No Year, and Soft meat.
Open the Complete Pictures Gallery (or the backup gallery)
Here comes the zip link ! Help yourselves ! ^^
(27 MB, 24 pictures, English)
(please, is there a chance you can use the depositfiles link ? That will generate a tiny bonus for me, thank you very much if that's possible for you ! :)
A bonus for you, the coupon '07xpy4r3b7eiio5108b0db12dzwmjkxm' gives a 10% discount on Depositfiles 6-months and 1-years accounts. )
Or you can also use the Alternative :
Zip Mirror #1 – or – Zip Mirror #2
to grab the file you want. You can just pick the stuff you need, it's quick and easy :)
To find more works about a subject ("Dragon Ball" for instance), use the search field in the upper-right corner of the page. When I share enough works by a good artist I create redirection pages with links to all his shared works.
A problem to play videos, or questions like "how to download the zips" or "why does it ask a password, you said there isn't one" ? Read the Help & information page :)
Most fundamental rule : if a download fails once, that can happen : try again ! ;-)
You are welcome to share the links to my uploads - I didn't draw the hentai myself anyway - but please, NOT a word-to-word carbon copy.
Sign up to Gravatar and give here the same email to show your avatar.
You can use these allowed html tags :   ,   ,   ,  (NO trailing slash, NO double quotes) ,   (NO double quotes)
3 Responses to ' Sword Art Online hentai doujin [English, slightly retouched] : Suguha To Fairy Dance, by Mugenkidou (Also Known As Shunsaku Tomose) '
trans: CGRascal
it would be nice to have the smaller doujins compressed (those who are >1MB per pic). Because they sum up really fast. If this is too much bitching, then just ignore me :).
zip wont open please fix
You liked it ? Hated it ? You've got additional information and links ? Or did you see broken links (please report them, I will reupload it) ? Bring more life here, participate, add a comment ;-)
If you report a dead link, please, tell me what is the precise dead hyperlink and the precise error. Never forget to try again !
Show your avatar in the comments »


text:
Jobs at SRAM
Account Coordinator Customer Service Europe - location Netherlands
Coordinates day-to-day relationship with own customer base
Company Culture
SRAM is offering an exiting job in an international dynamic and multilingual environment at its offices in Nijkerk.
Nijkerk - The Netherlands
- Serve as the primary contact for and interact with customers to provide information in response to inquiries about products, sales orders, lead times, shipments and services and to handle and resolve complaints.
- Develop and maintain close business relationships with customer contacts. Represent SRAM towards the customer and the customer inside the organization.
- Spider in the web position who works together as needed with Shipping locations, Sales, Accounting and other company resources to coordinate day-to-day customer requirements.
- MBO+/HBO education (obtained through education or working experience)
- Excellent written en spoken English and at least one other EU language
- Good communication and problem solving skills
- Detail oriented with strong administrative follow-up and follow-through
- Self-motivated and proactive with strong work ethic
- Experience within an international customer services environment
- Ability to cope with hectic deadlines and changing workloads
- Team player
- Some logistical background preferred
Contact Name:
Vicki Schenkenberg van Mierop - HR Assistant
Online Application:
SRAM Corporation is one of the world's largest suppliers of components to the bike industry. Established in Chicago in 1987, SRAM continues to promote cycling through its products, its advocacy, and its employees who are dedicated to improving the cycling experience. Today, SRAM employs more than 2,500 people in 16 offices across 9 countries. SRAM is proud to be an equal opportunity employer.


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Israel's government has set up a task force to secure the country's critical computer systems against possible cyber attacks.
The task force will "encourage and develop the field of cybernetics and turn the State of Israel into a global center of knowledge, in cooperation with academia, industry, the security establishment and other public bodies," according to a statement from the Prime Minister's Office.
The main responsibility of the task force will be to expand the state's ability to defend vital infrastructure networks against cybernetic terrorist attacks perpetrated by foreign countries and terrorist elements.
The task force comes in the wake of cyber attacks around the globe, including attacks which the electricity grid in Brazil, banks in Estonia and elections in Myanmar.
The Bank of Israel's website was shut down in 2008, and last June, after the Turkish flotilla incident, hackers attacked many Israeli Internet sites, including that of the Tel Aviv-Jaffa Municipality.
Netanyahu ordered the allocation of a special budget to implement a five-year plan that will place Israel at the global forefront in cybernetics. The plan includes investments in academic research and development, the establishment of a super computer-based center at an Israeli university, the establishment of academic centers of excellence, accelerated activity to bring researchers and academics back to Israel, significantly increasing the number of cybernetics students and upgrading university research infrastructures.
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text:
Lenovo ThinkPad T430u-N3U89PB
SpecificationsNotebook: Lenovo ThinkPad T430u-N3U89PB (ThinkPad T430 Series)
Processor: Intel Core i3 3217U
Graphics Adapter: NVIDIA GeForce GT 620M
Display: 14.0 inch, 16:9, 1366x768 pixels, glossy: yes
Weight: 1.9kg
Price: euro
Reviews for the Lenovo ThinkPad T430u-N3U89PB
Source: 3DNews.ru RU→EN
Positive: Good display; comfortable keyboard; "tactile" design; long battery life.
Single Review, online available, Long, Date: 03/25/2013
NVIDIA GeForce GT 620M:
Based on either the older 40nm GF108 chip or the newer 28nm GF117 Fermi die shrink. In either case, the 620M is most similar to a GT 525M and comes without dedicated display ports. Consequently, the GPU can only be used in conjunction with Optimus.
Modern games should be playable with these graphics cards at low settings and resolutions. Casual gamers may be happy with these cards.
» Further information can be found in our Comparison of Mobile Graphics Cards and the corresponding Benchmark List.
3217U: Ivy-Bridge-based ULV-CPU in Q2 2012. Offers a core clock of 1.8 GHz (no Turbo Boost) and an HD 4000 GPU (350 - 1050 MHz). The TDP is rated at 17 W.» Further information can be found in our Comparison of Mobile Processsors.
14.0": 14 inch display size is a mixture between the small formats of subnotebooks and the 15 inch standard display. The reason why so many people like displays with medium size is, that this size is not exhausting for the eyes, does not need too much energy and the laptops can be kept quite compact.» To find out how fine a display is, see our DPI List.
1.9 kg: These sub-notebooks weight less than the average of all notebooks, but represent a heavier class of weight among the sub-notebooks. 12 inch displays are normal for this class of weight.
Lenovo: Lenovo Group Limited is China's largest and the world's fourth largest personal computer manufacturer. Lenovo produces desktops, laptops, servers, handheld computers, imaging equipment, and mobile phone handsets. Lenovo also provides information technology integration and support services, and its QDI unit offers contract manufacturing. Its executive headquarters are located in China and USA. It is incorporated in Hong Kong. Lenovo was formed in 1984 as a spin-off of the Chinese Academy of Sciences new technology unit. The company initially began as a reseller, distributor and later CM for foreign brands, including IBM, entering the Chinese market. In 1990, Lenovo started to manufacture its own PCs and by 1997 became the market leader in China. In 2004, Lenovo bought IBM's PC business for $1.25billion. Market share regarding sales of personal computers in 2007 (market research IDC): HP 18.9 %, Dell 16.4 %, Acer 9.9 %, Lenovo 7.5 %, Apple 5.7 %
» Further information can be found in our Notebook Purchase Guide.


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Learn more about Denon AVR-1713 5.1 Channel 3D Home Theater Receiver with Networking and AirPlay:
Manufacturer: Denon
Mfg Part#: AVR-1713
Sku: 230953247
See more in CD Players & Recorders
|Enjoy high-quality audio and video--as well as advanced network functions--with the AVR-1713 Integrated Network AV Receiver from Denon. Using this 5.1-channel home theater receiver, you can listen to Internet radio or play music from your iTunes library on your iPad, iPhone, iPod Touch, or computer. Audyssey technology delivers optimal audio, while a graphical user interface lets you change system settings through menus on your TV screen. In addition, the AVR-1713 supports multi-zone operation, allowing two different audio sources to be enjoyed in separate rooms at the same time.
AVR-1713 Networking Home Theater Receiver with AirPlay At a Glance:
Network functions to play Internet radio or digital music files
Wireless steaming of your iTunes music with Apple's AirPlay technology
Power amps with discrete circuits for high-quality sound
Built-in Audyssey technologies optimize sound quality
Six HDMI inputs, including one on the front to connect mobile devices
Front panel USB input offers direct digital play for iPod, iPhone, and USB drives
Multi-zone operation lets you play two audio sources at once
Intuitive GUI with large, legible characters and Setup Assistant
Two-year warranty


text: GamesBeat Call of Duty: Black Ops II debuts at midnight openings around the world (photo gallery) November 13, 2012 12:55 AM Dean Takahashi 0 If you're not reaching, engaging, and monetizing customers on mobile, you're likely losing them to someone else. Register now for the 8th annual MobileBeat, July 13-14, where the best and brightest will be exploring the latest strategies and tactics in the mobile space. Once a year, the world goes bloodthirsty. It happened again today as Activision Blizzard launched Call of Duty: Black Ops II around the globe at midnight store openings. Dressed in military gear (or like zombies), fans came out in droves for special events, multiplayer tournaments, and celebrations. Above, the event in Toronto, Canada, featured a bunch of zombies in military garb. Midnight launches have become such a tradition as video game marketers try to turn their games into real cultural phenonena. Activision said that more than 16,000 retailers around the globe held midnight openings, compared to 10,000 for Halo 4. All indications are that Black Ops II will match last year's Call of Duty: Modern Warfare 3, last year's title, which was the fastest-selling game of all time. Black Ops II preorders are running ahead of Modern Warfare 3. It will be a test to see whether Black Ops II can beat Halo 4, which sold 4 million units and $220 million-worth in its first 24 hours (up from $200 million for Halo: Reach, released in 2010). So far there don't appear to be any complaints about multiplayer server access. I'll be interested to see if Call of Duty and Halo 4 can lift retail sales of games in the month of November. We'll see if retail can grow again or not as social, mobile, and online games steal market share from it. Call of Duty has been the top seller during the holiday period each year since 2008, according to the NPD Group. Liam Callahan, an analyst at NPD, said that Call of Duty was 14 percent of all retail game software sales last holiday. Call of Duty has more than 30 million active fans. [vb_gallery id=573611] [Image credits: Call of Duty blog]


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Gov. Brewer: Federal government must do more for Arizona's border security
Governor Jan Brewer said the federal government has not done enough to secure Arizona's border.
"We don't understand why the federal government will do that for other states, but they refuse to do it in Arizona," Brewer says in an interview with ABC's Senior National Correspondent Jim Avila. "I am not going to sit back and be the governor of the state of Arizona and not make a position for Arizona to the federal government that our border needs to be secured. It's as simple as that."
According to Yahoo News, Brewer's comments come as the Senate examines the Gang of Eight immigration reform bill. Brewer explained that she will not support a bill that gives increased assets to border security unless nearby ranchers believe the perimeter is fully protected.
If the Senate decides to vote in favor of this bill, it will help the 10 to 12 million immigrants living the U.S. illegally gain citizenship.


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Last week, there was change of guard at the Nigerian National Petroleum Corporation (NNPC) where Andrew Yakubu took over from Austen Oniwon as Group Managing Director while some other top executives also gave way for new ones.
Just as he assumed office with his team, Engr. Yakubu is bound to confront many impurities that pose great challenges for him in his tenure.
Among the glaring obstacles for Yakubu is the financial crunch that faces the corporation. Sources said even the salaries of June this year were delayed and proposal to upgrade the remuneration of workers could not scale through due poor finances.
The company, over the last four years, was not finding it easy to meet its financial obligations with its stakeholders, even though its past leaders pretended that everything was well.
Two years ago, former minister of state for finance, Remi Babalola exposed the insolvency of the corporation to the extent that it couldn't meet its obligations.
Babalola said: "NNPC is insolvent as (it's) current liabilities exceed current assets, ...NNPC is incapable of repaying the N450 billion owed to the Federation Account unless it is reimbursed the N1.156 trillion (in subsidies) it has requested from the Federal Ministry of Finance."
The corporation and the federal government through the Minister of Information, Labaran Maku, vehemently disowned Babalola's statement. In fact, that statement cost him his seat as minister of finance.
After Babalola's revelations, the NNPC committed itself to settling the Federation Account Allocation Committee (FAAC) with about N8 billion monthly, Few months after, the truth began to emerge from the mouth of the just retired GMD, Oniwon. "We have to suspend increase in remuneration. The account of the organisation is in the negative; corporate failure is imminent unless urgent transformation is carried out," Oniwon told a gathering in Abuja.
There will be no smoke without fire. The tight measures of financial prudence by the Finance Minister and Coordinating Minister of the Economy, Ngozi Okonjo-Iweala, have really compounded NNPC's festering wound. NNPC is no longer manipulating with figures to the federation account as every kobo counts.
Also, several audit reports conducted by Nigerian Extractive Industry Transparency Initiative (NEITI), the KPMG and finance ministry on the payment of subsidy have, together with the National Assembly's probes, blocked some of the leakages where NNPC used to finance unexpected expenditures.
Another challenge Yakubu will face is that the corporation has found it difficult to increase its traditional 80,000 barrels per day (bpd) crude oil production through the Nigerian Petroleum Development Corporation. The corporation projected to hit 250,000 bpd benchmark by 2015, but almost two years now the projection still remain on the papers. Thanks to government for adding some oil wells to the corporation recently. The NPDC is now the cash cow of NNPC but with enormous burden on it, the crude oil revenue will not take Yakubu's NNPC far, if the oil production continues to be where it is today.
Also a challenge that will make Yakubu's seat hotter is the crude oil theft which mostly affected that the domestic crude allocations to NNPC. In recent times, the oil thieves have increased their activities along the Delta creeks, siphoning crude oil meant for the refineries. Former GMDs have made several efforts and contacts to end the menace but to no avail. Oil theft renders NNPC's refineries useless for years and eat deeply into its budgets. Yakubu, a former oil refiner, will not find it funny, if the trend continues under his regime.
At the moment, NNPC doesn't have enough capital to fund its joint venture operations with the international oil companies, the corporation is just serving as 'gateman' in the operations rather than a partner. Unless the new Petroleum Industry Bill (PIB) is passed into law and NNPC declared autonomous, it will be difficult for Yakubu's transformation agenda to scale through.
Another big challenge for Yakubu is what has now became a norm in the industry, the changes in management. It is now a reoccurring event at the NNPC. Within the last six years, the corporation has witnessed six GMDs. Yakubu may not have the courage to step on toes to implement whatever his plans are that will change the corporation for better because of the fear of losing his seat, but Mr. Fidel Pepple, spokesperson of NNPC while speaking for Engr. Yakubu, said that under his watch as GMD the NNPC will assiduously seek to reinforce the tenets of accountability and transparency in line with the transformation agenda of the Federal Government.


text:
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World's best e-reader with extra-long battery life and eye-saving e-ink screen.
|Kindle 2012
|Kindle Paperwhite
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|Weight (ounces)
|5-way controller
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Price inclusive of shipping
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What's new in the new Kindle 2012
15% faster page turn
New darker, hand-tuned fonts
Now support children book with parenteral control
The latest generation Kindle comes with sleek design. Packed with essential functions in super light weight. It's perfect for beginners who don't need sophisticated options.
Introducing Kindle Paperwhite
New patented adjustable front-light
Super sharp text and graphic with improved screen contrast and 62% more pixels than any previous kindle
Perfect for any light condition – from beach to bed
2-point touchscreen for instant navigation
8-week battery life, even with the light on
Unlike LCD display on laptop or mobile, e-ink screen has no back-light. It gives the sense of reading real paper and also need other light source to read in the dark. Top-of-the-line Kindle reader from Amazon, Kindle Paperwhite is the first e-ink device with built-in light.
LED bulbs are hidden by the side of the screen and shine horizontally into a patterned light guide. The light guiding pad in turn distributes the light equally across the screen. By this way, you will see texts on the e-ink screen as if they're shined by a lamp. Intensity of this front-light can be manually adjusted to match your environment.
Kindle Paperwhite becomes the world's most wanted e-reader. Despite increased production, demand is overwhelmed in U.S. Amazon has just released Kindle Paperwhite for international customers at the end of January.
Where should I buy Kindle in Australia?
Amazon Kindle reader is available both online at Amazon.com and local resellers in Australia. However, the latest version is not available at official resellers (eg. Dick Smith, BigW). So currently, the best option is Amazon.com.
Amazon also provides full customer support via e-mail and live chat for international customer. Broken product can be claimed for replacement according to warranty term.
Buying Kindle from Amazon.com
Amazon has excellent checkout system, which serves as prototype for many e-commerce companies around the world.
Make sure you choose correct country of use and right adapter type before checkout.
Kindle paperwhite is periodically out of stock. If it's not available, placing an order will put you in a queue. You will be then asked via e-mail to confirm your order and payment again once it becomes available.
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Price for Kindle 5/ Kindle paperwhite WiFi/ 3G are $89/ $139/ $199 respectively. There are two shipping options -
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Check your coverage area here.
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Amazon has designed a new cover fro Kindle Paperwhite. It is yet the thinnest and lightest cover. Like smart cover for Apple iPad, this cover wakes up the device when lid opened and puts screen to sleep when lid closed.
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Amazon original kindle paperwhite leather cover
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Kindle Touch features (2011 model)
All new sleek design
Kindle Touch is 11% smaller and 8% lighter than previous Kindle keyboard. It can even fit in your jeans' pocket. It is also faster and more responsive.
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Multi-touch touch screen on Kindle Touch works like charm, giving you seamless reading experience.
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Two months battery life! No worry about charger on your expedition.
Most helpful positive reviews
Touch screen is very intuitive. Page turn is very fast with light touch on both sides of screen or swiping. You can also move through each chapter by swiping up and down.
-Darcy B, Canberra
Great new X-ray feature gives more info about characters or places instantly. I don't have to search the internet to find out who is Draco Malfoy in Harry Potter. However, this feature only works when publishers provide it.
- Grabielle D, Melbourne
Thanks Amazon for excellent customer service. I broke my kindle and ask online support for replacement. DHL took my old one at my office and the new one came in a week.
- Aaron S, Sydney
Most helpful negative reviews
With Kindle Touch you can only use your left hand to go backward and right hand to go forward. As compared to Kindle Keyboard, you can use only one hand to turn page forward and backward. Of course, it's more comfortable to hold the device with one hand.
- Grace F, Brisbane
Touch screen helps you navigate easier, but it can be annoying. It's very sensitive, even a light touch can result in page turn, chapter change, or even losing your page.
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Lubango — The Culture sector in the southern Huila province is concerned about some churches that perform political activities and other practices that encourage violence during the worship.
The concern was expressed Tuesday by the local director of Culture Marcelina Gomes while speaking to Angop on spreading of the sects in the region.
The official said that most of the churches engaged in such activities are those that are not recognized by the Angolan State.
According to her, instead of playing their true role in conveying the God's word some religious organisations perform acts that spark violence and witchcraft practices, under the cultural aspects of the region.
The province of Huíla controls currently 50 recognised churches, 18 religious associations, 96 with pending process and 44 operate illegally.


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Institute Faculty
Joan DelPlato helped develop the Early College Teaching Seminars, and is one of the Seminar's faculty. Dr. DelPlato teaches art history and women's studies at Bard College at Simon's Rock. Dr. DelPlato has taught at Loyola Marymount University and California State University at Long Beach. She was a research associate at the Getty Center for Art History and Humanities, and received grants from the Woodrow Wilson National Fellowship Foundation and UCLA. She has published articles in Eighteenth-Century Women and the Arts, Gender & Education, Afterimage, and Comitatus: A Journal of Medieval and Renaissance Studies. Her book, Multiple Wives, Multiple Pleasures: Representing the Harem, 1800-1875, Associated University Presses (Fairleigh Dickinson University Press, 2002) won a Millard Meiss Award from the College Art Association to assist in its production. Her interests include issues of gender and class in art, 19th century art in England and France, late Harlem Renaissance art, contemporary culture, Orientalism, and critical methods.
Anne O'Dwyer teaches psychology at Bard College at Simon's Rock. She has also taught at the University of Massachusetts at Amherst, Boston Univesrity and Boston College. Her publications include contributions to the British Journal of Social Psychology and the Journal of Applied Social Psychology. Dr. O'Dwyer has presented at numerous conferences, including that of the American Psychological Association, American Psychological Society, the International Society for Political Psychology (in Spain), and the New England Psychological Association. She has been a member of Steering Committee of the New England Psychological Association, a regional affiliate of the American Psychological Association since 2001, and since 2003, has been Secretary of the organization. At Simon's Rock, Dr. O'Dwyer has served as chair of various organizational bodies, including the Faculty Senate, the Human Research Review Committee, and of the Anti-harassment and Anti-discrimination Committee.
Patricia Sharpe helped develop the curriculum for the Early College Teaching Seminars, and is one of the Seminar's faculty. Dr. Sharpe holds the Elizabeth Blodgett Hall Chair in Literature at Bard College at Simon's Rock, and was Dean of Academic Affairs at Simon's Rock from 1993 through 2005. In 2001-2003, she served as founding Dean of Studies of Bard High School Early College, a collaborative venture of Bard and the New York City Department of Education that enables students to move from ninth grade through the Associate's Degree in the four years usually devoted just to high school. Dr. Sharpe is co-author of the book Taking a Stand in a Post-Feminist World: Toward an Engaged Cultural Criticism (SUNY Press, 2000) and co-editor of Tattoo, Torture, Mutilation, and Adornment: The Denalturalization of the Body in Culture and Text (SUNY Press, 1992). She led Summer Seminars for Teachers on Women and Fiction, sponsored by the National Endowment for the Humanities, in 1988,1990, and 1992.
U Ba Win joined the Simon's Rock community in 1979. He was Dean of Students at Simon's Rock for five years before becoming Provost in 1985 and Dean of the College in 2004. Currently he serves as Vice President of Early College Policies & Programs for the Bard College system which includes Simon's Rock College and Bard High School Early College. A native of Burma, he has also been the advisor for the many international students who come to the U.S. to study at Simon's Rock. Prior to coming to Simon's Rock he and his wife Judith Win, the Director of Counseling at Simon's Rock, directed Crossroads International, a nonprofit organization that planned educational programs for young people. He continued his commitment to exposing U.S. students to the larger world, through counseling student on foreign study and leading a number of trips abroad with the Simon's Rock community: he has organized and led a January Intersession programs in Bali, Burma and in northern Thailand. Ba Win, along with faculty member and former Dean of Academic Affairs Patricia Sharpe, is one of the founding staff members of Bard High School Early College. They are both currently consulting with colleges and public school systems around the country on opening Early Colleges.
Nancy Yanoshak helped develop the Early College Teaching Seminars, and is one of the Seminar's faculty. Dr. Yanoshak teaches History and Women's Studies at Bard College at Simon's Rock. She has taught at Georgetown University and recently spent a semester in the Russian Federation teaching at Smolny College, a joint US I Russian venture in liberal arts education sponsored by Bard College and St. Petersburg University. She did archival work in the Soviet Union as an International Research and Exchange Board Scholar, and was a Research Associate at the Woodrow Wilson International Center for Scholars, serving as assistant to Ambassador George Kennan. Dr. Yanoshak is also a past Secretary-Treasurer for the New England Slavic Association.. She has published her work on pre-Petrine Russian history and on Soviet Culture in Slavic Review and The Journal of Popular Culture as well as in Studies in Bibliography. Her coauthored articles on feminist critique of contemporary cultural practices and interdisciplinary studies have appeared in Gender and Education, and Afterimage.


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« NEWS BRIEF: XBox Launches, Last.fm Adds Videos,BeatDecks Launches Free Analytics & More | Main | Spotify Adds Most Viral & Played Charts, Track Counts »
You can follow this conversation by subscribing to the comment feed for this post.
Is there a way to 'subscribe' to these playlists in spotify? I can't find them in the Spotify App. Are they only widgets?
Not sure about the "Viral 50"....but one of the pre-installed Apps in Spotify is the "Top Lists" App...if you go to that you can choose top track, artist, or album and then sort it by location.
The comments to this entry are closed.


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Chapter 7 - Protests, Claims, Disputes, and Appeals
Key Points
- After receipt of a protest, the contingency contracting officer (CCO) needs to act quickly and contact the supporting legal counsel.
- To avoid distracting, time-consuming disputes and litigation, the CCO should strive to resolve contract performance issues by mutual agreement with the contractor.
Effective lines of communication between the contingency contracting office and the supporting legal office are critical to successfully dealing with a bid protest or appeal. As part of deployment preparations, the CCO must identify and know how to work with supporting legal counsel. In addition, protests can sometimes be averted by frank and open communications with the vendors, who might recognize significant errors in solicitations and evaluations overlooked by the CCO because of the pace of the operation. The CCO should encourage vendors to attempt to resolve their concerns with the CCO, pursue an agency protest if the issue is not resolved by the CCO, and then file a protest with the Government Accountability Office (GAO) as a last resort. Although the vendor has complete freedom to protest in any forum, and the CCO is never an advocate of the vendor, the interests of the government can often be best protected when vendor concerns are resolved quickly and at the lowest level.
This chapter discusses actions that a contracting officer should take when notified of a possible protest, claim, dispute, or appeal.
Protests. As described in Part 33 of the Federal Acquisition Regulations (FAR Part 33) a protest is defined as a written objection by an interested party to any of the following:
- Solicitation or other request by an agency for offers of a contract for the procurement of property or services
- Cancellation of the solicitation or other request
- Award or proposed award of the contract
- Termination or cancellation of an award of the contract if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract
- Delivery orders and task orders under multiple award contracts that exceed $10 million, as specified in FAR 16.505 (a)(9)(B).
Protests to the agency
Executive Order 12979, "Agency Procurement Protests," establishes policy on agency procurement protests. Before submission of an agency protest, all parties should use their best efforts to resolve concerns raised by an interested party at the CCO level by undertaking open and frank discussions. The agency should provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests. Acceptable protest resolution methods include the use of alternative dispute resolution (ADR) techniques, third-party neutrals, and personnel from another agency.
Protests to the agency shall include the following (FAR 33.103(d)(2)):
- Name, address, fax, and telephone numbers of the protester
- Solicitation or contract number
- Detailed statement of legal and factual grounds for the protest, including a description of resulting prejudice to the protester
- Copies of relevant documents
- Request for a ruling by the agency
- Statement about the form of relief requested
- All information establishing the protester as an interested party
- All information establishing the timeliness of the protest.
Failure to substantially comply with these requirements may be grounds for dismissal of the protest.
Agency procedures or solicitations shall notify potential bidders and offerors whether independent review is available as an alternative to consideration by the CCO of a protest—or is available as an appeal of a CCO decision on a protest. If there is an agency appellate review of the contracting officer decision on the protest, it will not extend the GAO timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of an initial adverse agency action, as specified in Section 21.2(a)(3) of Title 4 of the Code of Federal Regulations (4 C.F.R. 21.2(a)(3)). If a party wishes to have the case classified as an express option (4 C.F.R. 21.10(a)), the party must submit a written request no later than 5 days after the initial or supplemental amended protest is filed. GAO will notify both parties of its decision. In some cases, GAO will decide that the express option is appropriate even though no party formally requests it.
Action after receipt of protest. If a protest is received before the award of a contract, the contract may not be awarded until the protest is resolved. Unless urgent and compelling reasons exist for contract award, the justification should be submitted in writing and determined to be in the best interests of the government. Such justification or determination shall be approved at a level above the CCO (or by another official pursuant to agency procedures).
If an award is withheld pending agency resolution of the protest, the CCO will inform those offerors whose proposals or bids may become eligible for the contract award. If appropriate, the offerors should be asked to extend the time for acceptance to avoid the need for resolicitation.
After receipt of a protest, the CCO shall immediately suspend performance pending resolution of the protest by the agency. This resolution includes any review by an independent high-level official unless continued performance is justified. Additional information on receipt of protests is available in FAR 15.505 and 15.506.
Pursuing an agency protest does not extend the time for obtaining a stay at GAO. Agencies may include, as part of the agency protest process, a voluntary suspension period when agency protests are denied and the protester subsequently files at GAO.
Agencies shall make their best efforts to resolve agency protests within 35 days after the protest is filed. Agency protest decisions shall be well reasoned and shall explain the agency position. The protest decision shall be provided to the protester by using a method that furnishes evidence of receipt.
Protests at the Government Accountability Office
Receipt of protest. As described in 4 C.F.R. 21, this guidance focuses on protests before GAO, where the vast majority of protests are filed. After receipt of a protest, the CCO should immediately contact the supporting legal counsel. GAO protests are fast-moving actions, with a government report due to GAO within 30 days (within 20 days under the express option) and a GAO decision issued within 100 days (within 65 days under the express option).
Reachback. Reachback is a highly effective tool during a protest. A CCO's legal counsel for working on bid protests may be a remote reachback asset. If the CCO has local legal counsel available, chances are that the local counsel will be working with a reachback legal office. Such reachback offices frequently work on bid protests and can rapidly understand protest issues.
Protest before award. As described in FAR 33.104(b), when the agency receives notice from GAO of a protest filed directly with GAO, a contract may not be awarded unless authorized, in accordance with agency procedures, by the head of the contracting activity (HCA) on a nondelegable basis, after a written finding of the following:
- Urgent and compelling circumstances that significantly affect the interest of the United States will not permit awaiting the GAO decision.
- Award is likely to occur within 30 days of the written finding.
A contract award shall not be authorized until the agency has notified GAO of the finding, as discussed in FAR 33.104(b)(1). When a protest against the making of an award is received and the award will be withheld pending disposition of the protest, the contracting officer should inform the offerors whose proposals or bids might become eligible for award after the protest.
Protest after award. As discussed in FAR 33.104(c)(1), when the agency receives notice of a protest from GAO within 10 days after contract award, or within 5 days after a debriefing date offered to the protester for any debriefing required by FAR 15.505 or FAR 15.506), whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract. In accordance with agency procedures, the HCA, on a nondelegable basis, may authorize contract performance, notwithstanding the protest, upon a written finding of the following:
- Contract performance will be in the best interests of the United States.
- Urgent and compelling circumstances that significantly affect the interests of the United States will not permit waiting for the GAO decision.
Contract performance (or continued performance) shall not be authorized until the agency has notified GAO of the aforementioned finding. When a decision is made to suspend performance or terminate the awarded contract, the contracting officer should attempt to negotiate a mutual agreement on a no-cost basis. When the agency receives notice of a protest filed with GAO after the dates in FAR 33.104(c)(1), the contracting officer need not suspend contract performance or terminate the awarded contract unless the contracting officer believes that an award might be invalidated and a delay in receiving the supplies or services is not prejudicial to the government's interests.
Response to a protest, the first 24 hours. The actions that the CCO should accomplish within 24 hours of receipt of a written protest include the following:
- Transmit a copy of the protest document to the supporting legal office. Because the protest document may contain proprietary or source selection sensitive information, do not release any copies of the protest to other parties (e.g., the awardee or offerors) until you discuss the release with the assigned attorney.
- Confirm the identity of the attorney assigned to work on the protest, and obtain contact information (email address and telephone numbers). Ensure that the attorney has the CCO's contact information.
- Discuss the allegations with the attorney, and explain the impact on mission operations if a delay of award or performance is triggered by a protest.
- If a delay is triggered, the award cannot be made (pre-award protests) and contract performance may not begin (post-award protests).
- Following coordination with the assigned attorney, inform offerors and the awardee that a protest has been filed and that contract award or contract performance has been stayed. Ensure that the assigned attorney informs GAO of the status of the delay.
- If the HCA authorizes contract performance, discuss this development with the attorney. (FAR 33.104)
- Identify the key people who are knowledgeable about the allegations in the protest, and obtain their contact information to give to the attorney. These people might be technicians, evaluators, or personnel at the requiring activity. Inform these key people about the protest, and ensure their availability for the next 100 days (protest time frame) to support the government's response to the protest. Determine whether declarations, affidavits, or other statements of fact from key people will be necessary.
Response to a protest, the first 30 days. The first 30 days of any GAO protest are very important. The government must submit its agency report to GAO and the protester within 30 days. This time period gives the CCO and legal counsel an opportunity to assess the merits of the case and develop an appropriate response. Items to consider or accomplish are as follows:
- Chances are that the CCO and the contingency contracting office have extremely limited administrative support and equipment. GAO protests are typically document intensive, requiring considerable copying and collating. Given these circumstances, the CCO and supporting legal counsel should determine the best way to assemble the agency report.
- The CCO should immediately coordinate with, and begin transmitting key contract documents to, the supporting legal counsel. This approach enables the government counsel to understand the relevant facts and issues and to assess the merits of the protest early in the process. Such an approach also allows the legal office to begin assembling the agency report to GAO.
For an agency report to GAO, the required documents include:
- CCO statement of relevant facts
- Bid or proposal submitted by protester
- Bid or proposal of the awardee
- Solicitation
- All evaluation documents
- Other relevant documents (for example, debriefing slides and related documents).
Given the concentrated timeline involved, it is good practice to maintain daily communications between the attorney and the CCO regarding the status of the protest.
Corrective action. For a GAO protest, Day 30 (Day 20 under the express option) is a significant milestone because the government must file its agency report with GAO by this deadline. In addition, GAO has held that the government is not liable for a protestor's legal fees and costs if the government takes corrective action in response to a protest within the first 30 days (20 days under the express option). Consequently, the timely review and assessment of the merits of a protest not only help get the acquisition back on track toward award, but also are key to avoiding the payment of potentially significant legal expenses.
Actions after Day 30 (Day 20 under the express option). A protester has 10 days to file a written response to the government's agency report, usually in the form of a legal brief. GAO will issue its decision by Day 100 (Day 65 under the express option). On occasion, to clarify the record or the issues involved, GAO requests a hearing and requires testimony from government officials.
Contract Claims
Several aspects of contingency contracting produce an environment ripe for contract claims. A CCO can do little to eliminate the likelihood of claims. The key is focusing on actions that will ease the resolution of the claim. Such actions include monitoring contractor performance (to create a clear record of exactly what the contractor did) and performing ongoing market research (to monitor fair and reasonable price data).
As appropriate, the CCO should strive to resolve contract performance issues by mutual agreement with the contractor, thereby avoiding distracting and frequently time-consuming litigation. When a claim (or a potential claim) arises, the CCO should contact the supporting legal counsel for assistance and advice. If an agreement cannot be reached with a contractor, the CCO must issue a final decision on the contractor claim. During a contingency, the CCO must strike a balance between expeditious settlement of contract claims and protection of government interests.
Contractor claims. Because of the high operational tempo usually associated with contingency contracting, responding to contractor claims and disputes can divert precious time from the mission at hand. The CCO should consider or accomplish the following:
- The CCO should recognize that not every contractor request for costs or other relief is a claim. A contractor request for equitable adjustment may be just that—a straightforward request that is related to changed or increased contract requirements. If so, the CCO might be able to dispose of such requests relatively quickly. Unlike requests for adjustments, the submission of a contract claim begins accrual of interest on the claim.
- The administrative burden that contractor claims can place on the CCO and the overall contingency contracting mission can be mitigated by a working understanding of the flexibility that exists under FAR and the Defense Federal Acquisition Regulation Supplement (DFARS); an understanding of what is (and is not) a contract claim; assignment of, and maintenance of communications with, a trained contracting officer's representative (COR); the existence and quality of contract file documentation; and application of ADR techniques. To help alleviate this burden, the CCO should seek early and frequent counsel from the supporting legal office.
- After receiving a claim that exceeds $100,000, the CCO should ensure that the claim is certified by the contractor, consistent with FAR 33.207.
- Any suspected fraudulent claim or other misrepresentation of fact should be reported to the supporting legal office and the chief of the contracting office (COCO).
Contingency contracting officer final decision. The CCO should make the final decision as follows.
- The CCO should use the specialized skills of the functional representatives (e.g., the COR) when addressing the facts and issues in dispute.
- Final decisions for a claim of $100,000 or less must be issued within 60 days after receipt of the claim.
- For claims exceeding $100,000, within 60 days after receipt of a certified claim, the CCO must either issue a final decision or notify the contractor when a final decision will be issued.
- Final decisions will be prepared in accordance with FAR 33.211. Final decisions must include notification to the contractor pursuant to the disputes clause in the contract.
- The CCO's final decision to deny a contractor claim (either in part or in whole) can result in a dispute by the contractor under the applicable contract disputes clause.
Under the principle of military necessity and subject to restrictions, commanders may seize private property during hostilities. Seizing private or public property for mere convenience is unlawful. Commanders may not leave civilians without adequate food, clothing, shelter, or medical supplies as a result of a seizure of civilian property. Legal assistance must be obtained before the seizure of any property.
Property control record book. The property control record book (PCRB), which may be issued to any level, confers no authority, but merely facilitates the ability to document seizures under the law of war.
Procedures for the property control record book. PCRB procedures are as follows:
- Each PCRB should be numbered and should contain a minimum of 10 sets of 4 serial-numbered copies of the property control record form.
- The cover of the book should contain a statement detailing where the book may be used.
- The inside cover of the PCRB should contain instructions for the commander on the use of the forms, including the appropriate distribution of the four property control and receipt records.
- The serial-numbered property control record should require the soldier seizing the property to enter pertinent information concerning the seized property and should contain a receipt, both in English and the local language, to be signed by the property owner, if available.
- The inside of the back cover should contain a seizure record.
- The Staff Judge Advocate Office should be responsible for the issuance of PCRBs to the commanders. Hand receipts can be used to issue PCRBs to the units. It should be emphasized that the staff judge advocate is only issuing the books and that accountability for the books and seized property is a command responsibility.
Payment for seizures. The following procedures are available to provide compensation for seized property:
- Ratification. The act of approving an unauthorized commitment by an official who has the authority to do so. Additional information on ratifications is included in Chapter 5.
- Retroactive leases. The US Army Corps of Engineers may negotiate retroactive leases in accordance with Army Regulation 405-15.
- National defense contracts. Defense agencies may enter into and modify contracts—without regard to other provisions of law related to making, performing, amending, or modifying contracts—whenever the Secretary concerned decides that such action would facilitate the national defense. (Section 1431–1435 of Title 50 of the United States Code [50 U.S.C. Section 1431–1435] and Executive Order 10789, as amended)
- Claims adjudication in accordance with applicable Service regulations.
Whatever process is used to settle claims will be influenced by the local conditions. However, contracting responsibility is generally limited to ratification actions and extraordinary contractual relief under Section 1431–1435 of Title 50 of the United States Code (50 U.S.C. Section 1431–1435) and FAR Part 50.
Contract Disputes and Appeals
The rules for handling contract disputes and appeals are the same in a contingency contracting environment as they are for routine contract actions occurring at home base. Under the Contract Disputes Act (41 U.S.C. Section 7101-7109 and FAR 33.202), CCOs receive no special treatment or waiver of applicable rules simply because a contingency contract action is at issue. As with bid protests, the CCO's legal support probably will be provided by a reachback attorney. Experience shows that early involvement by legal counsel can help avoid an appeal altogether. However, if an appeal is received, legal counsel should be extremely effective in assessing and orchestrating a government response to the contractor appeal. The underlying record of evidence related to any contract dispute is critical to crafting the government's response. By applying a few simple practices, the CCO can greatly enhance the underlying contract record and the government's position in a contract appeal. Contractors should send appeals to the following address:
Civilian Board of Contract Appeals
1800 F Street, NW
Washington, DC 20405
Additional information is available at http://www.cbca.gsa.gov/.
A few best practices. In general, contract disputes involve issues that develop over time and entail a series of actions by both the contractor and government personnel. In a contingency contracting environment, assembling a solid contract record presents unique challenges. To mitigate these challenges, the CCO should employ the following simple tools in the contingency contracting office:
- Digital and video images. As so often noted, a picture is worth a thousand words. Case law and experience demonstrate that evidence obtained concurrently with contract performance or a disputed event is generally given greater weight than evidence that is cobbled together after contract litigation begins. The CCO should ensure that inspectors, quality assurance personnel, CORs, and other representatives make it a standard practice to use digital cameras. This approach is particularly valuable for vehicle leases in the area of responsibility (AOR). Pictures and videos should immediately be emailed to the CCO for review and should be included as part of the contract file. Such pictures are especially useful for assessing, if not enhancing, the strength of the government's case.
- Accounting for personnel turnover. The turnover of government personnel involved in contingency contracting actions represents a significant impediment to developing the government's case in an appeal. The CCO should work with J1, Manpower and Personnel, to ensure that key witnesses, past and present, can be located. The CCO must employ a personnel locator process that permits the CCO and successors to identify and locate witnesses, including personnel who redeploy away from the contingency. At a minimum, the CCO should inform key personnel about the appeal and their associated roles and should ensure that the government can locate them if necessary.
- Contract files and related documentation. The key to success in prosecuting any contract dispute is the availability of contract documents. Without the necessary documents, a case is seriously weakened. Hence, the CCO should establish an administrative process for obtaining and filing the documentation that underlies a contract action.
- Storage and retrieval. The CCO should consider developing an electronic contract file where documents, digital pictures, charts, and other records can be readily stored and retrieved. Note that CCOs also should make an electronic copy of all emails pertaining to claims and should include them with the contract file before leaving the AOR. This documentation might be needed later to assist with claims.
- Appeals. As appropriate, the CCO should use the reachback legal office to assemble the underlying record for any contract appeal, referred to as the Rule 4 file. (28 U.S.C. Appendix Rule 4) At this point, the CCO practice of establishing an electronic contract file pays significant dividends.
Contract Settlements and Alternative Dispute Resolution
If a dispute cannot be resolved between the parties, a protracted litigation process often results. To avoid distracting, time-consuming litigation, the CCO may consider negotiating a settlement with the contractor or using more formal ADR procedures, as described in FAR 33.214. In either event, the CCO should seek the assistance and support of legal counsel. As stated previously, CCOs should regard legal counsel as useful problem solvers who can help negotiate settlements or pursue ADR measures, thereby expediting the resolution of contractor disputes. Note that a timely agreement developed by the parties—rather than a decision resulting from litigation—might be more valuable in maintaining a continuing business relationship with the contractor during a contingency.
Alternative dispute resolution elements. The essential ADR elements are (1) existence of an issue in controversy, (2) voluntary election by both parties to participate in the ADR process, (3) agreement on an alternative procedure and terms, and (4) participation in the process by officials of both parties who have the desire and authority to settle the dispute. If ADR is used, The CCO should consider the following few tips before beginning:
- Know your facts.
- Avoid using words and body language that might produce an angry reaction.
- Be professional, and observe local customs at all times.
- Develop an appreciation for the other side's viewpoint.
- Diffuse anger when it first appears.
- If using a mediator or facilitator, talk to the other side, not the mediator, who is there to help, not to judge.
- Use simple, clear, and concise language, and recognize that most people want to settle a dispute.
Claims under alternative dispute resolution. If a claim has been submitted, ADR procedures may be applied to all or only part of the claim. If ADR is used subsequent to a CCO's final decision, its use does not alter any of the time or procedural requirements for filing an appeal, nor does it constitute reconsideration by the CCO of the final decision.
Continued performance. If a determination is made under agency procedures that continued performance is necessary pending resolution of any claim arising under (or relating to) the contract, the contracting officer shall use the disputes clause described in FAR clause 52.233-1 (and its Alternate I).
Reminder. In preparing contracts and solicitations, The CCO must remember to insert the disputes clause in FAR 52.233-1 unless the conditions in FAR 33.203(b) apply and to insert applicable law for the breach of contract claim clause in FAR 52.233-4.
Website and DVD Materials Related to Chapter 7
- Chapter 7 PowerPoint Briefing
- Chapter 7 Test Questions
- Trainings Related to Chapter 7
- Scenarios Related to Chapter 7
- Topical Index webpages


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