FOIA Pong, US Department of State Edition

Time once again for what I call, "FOIA Pong", US Department of State Edition. So on 24SEP15 I sent a FAX to the Department of State Freedom of Information Act Office (Ping). Today I get a letter dated 16OCT15 and post marked 19OCT15, this is a very fast response in my experience. They said, "You may wish to review The Department of State's Touhy regulations at 22 C.F.R. 172 concerning production of documents in court cases." "we can not begin processing your request at this time". They did assign a case control number. F-2015-14960 (Pong).

So after actually reading 22 C.F.R 172 I sent them this:

Thank you for your initial response.

You may wish to review Department of States "Touhy" Regulations, 22 CFR 172 172.1 (e) states:

"Nothing in this part affects disclosure of information under the Freedom of Information Act (FOIA)"

I am requesting this information to confirm that no criminal ITAR violations have occured. I have contacted the FBI Miami Office and reported what I believe may be criminal violations of the economic espionage act, and ITAR. I need your help in determining if in fact any ITAR violations did occur. I can not properly execute my duty as ITAR Compliance Officer for my company without your response to Case Control Number F-2015-14960.

Thank you for your assistance in this matter. If I do not get a satisfactory response from your office by FR 30OCT15, I will be happy to discuss the matter with the Office of the Inspector General.

Sincerely,

Jonathan Alexander Walkenstein 
President CANVS Corporation

Let us see how long they take to Pong!

The Invisible Accountant...

The difference between Transparency in Government and Unicorns? There may be some fossil record of Unicorns!

Forensic accounting hacking these last few weeks, my brain hurts!

Let us compare the numbers from two Government Sources (Part of the mandate BY LAW according to the Transparency In Government Act):

1) https://www.fpds.gov

2) https://www.usaspending.gov

We will be looking at three contracts:

1) W91CRB-10-C-0177

2) W91CRB-10-C-0178

3) W91CRB-10-C-0179

First let's look at the numbers according to https://www.fpds.gov:

Contract Award Number: W91CRB-10-C-0177 = $115,551,120.74

Contract Award Number: W91CRB-10-C-0178 = $16,678,399.50

Contract Award Number: W91CRB-10-C-0179 = $180,065,553.11

Federal Procurement Data System - Next Generation Web Page Total = $312,295,073.35

Now let's look at the numbers for these same contracts according to https://www.fbo.gov/:

Contract Award Number:W91CRB-10-C-0177 = $260,740,775.44

Contract Award Number: W91CRB-10-C-0178 = $255,338,695.61

Contract Award Number: W91CRB-10-C-0179 = $257,412,786.74

Federal Business Opportunities Web Page Total = $773,492,257.79

And for symmetry, let us see what the Department of Justice reported for these three contracts to the Chief Justice of The Court of Federal Claim in my case, CANVS V USA:

Contract Award Number: W91CRB-10-C-0177 = $102,992,596.00

Contract Award Number: W91CRB-10-C-0178 = $16,104,000.00

Contract Award Number: W91CRB-10-C-0179 = $161,422,561.20

DOJ reported total = $280,519,157.20

Only in the US Government can $280,519,157.20 be the same as $312,295,073.35 and the same as $773,492,257.79.

Just for the record, the difference between the DOJ numbers and the fbo.gov numbers is $492,973,100.59! So far I seem to be the only person expressing any concern, I will let you know if anyone shares my interest in this disparity going forward.

Common Core Math, stupidity, or good old fashioned deceit?

Lindsay K. Eastman was ordered by the Chief Justice of The U.S. Court of Federal Claims (in the case of CANVS V USA) to produce procurement details on the Enhanced Night Vision Goggle Program(s). Below is a table of numbers provided by the Department of Justice, and numbers found by CANVS online:

https://www.fpds.gov/ezsearch/fpdsportal?indexName=awardfull&templateName=1.4&s=FPDS&q=W91CRB05D0012&x=0&y=0

https://www.fpds.gov/ezsearch/fpdsportal?s=FPDS&indexName=awardfull&templateName=1.4&q=W91CRB10C0177

https://www.fpds.gov/ezsearch/fpdsportal?s=FPDS&indexName=awardfull&templateName=1.4&q=W91CRB10C0178

https://www.fpds.gov/ezsearch/fpdsportal?s=FPDS&indexName=awardfull&templateName=1.4&q=W91CRB10C0179

https://www.fpds.gov/ezsearch/fpdsportal?s=FPDS&indexName=awardfull&templateName=1.4&q=W91CRB10C0322

https://www.fpds.gov/ezsearch/fpdsportal?indexName=awardfull&templateName=1.4&s=FPDS&q=W91CRB14D0010&x=0&y=0

https://www.fpds.gov/ezsearch/fpdsportal?s=FPDS&indexName=awardfull&templateName=1.4&q=W91CRB14D0011

Contract Number                DOJ $                      CANVS $

W91CRB05D0012     $116,821,720.00        $142,422,546.75

W91CRB10C0177     $102,992,506.00        $115,552,009.06

W91CRB10C0178       $16,104,000.00           $16,727296.11

W91CRB10C0179     $161,422,561.20        $180,065,554.41

W91CRB10C0322         $3,826,900.00          $16,198,245.00

W91CRB14D0010       $22,786,527.00          $39,025,077.06

W91CRB14D0011       $20,141,627.90          $34,378,934.06

___________________________________________________________

Totals                         $444,095,842.10        $544,369,662.45

 

                                            DOJ is short by $100,273,820.35

LINDSAY K. EASTMAN 
Attorney Commercial Litigation Branch
Civil Division Attorney, U.S. Department of Justice
Washington, DC 20530
Telephone:  (202) 305-3075
Facsimile:  (202) 307-0345
Email: Lindsay.K.Eastman@usdoj.gov

Footnote: 23OCT15 I was informed that Lindsay K. Eastman was removed by The Department of Justice as lead attorney on the case.

CANVS V SOCOM Week 1

The first week of CANVS V SOCOM is complete. Will advise as the proceedings unfold.

SOCOM Lawyers for CANVS V SOCOM

As taxpayers, I thought you might be interested in seeing who the Government is paying to represent SOCOM against my Veteran Owned Small Business in CANVS V SOCOM.

Chun-I Chaing
Patent Attorney, Intellectual Property Litigation
Commercial Law & Litigation Directorate
Air Force Legal Operations Agency
1500 West Perimeter Road Suite 1780
Joint Base Andrews, MD 20762
Phone: (240) 612-6641 (DSN 612)
FAX: (240) 612-4347 (DSN 612)

Joel B. Lofgren
Trial Attorney
Air Force Legal Operations Agency
Commercial Litigation Field Support Center

Real reasons to be afraid of the dark...

It has been a long time since I have posted anything to this blog. I am involved in 6 Night Vision Related Federal Court Cases and that tends to fill ones schedule with enough red tape to choke out a stadium full of GS-15's. Approximately ten years after the substantively damaging event to my company, CANVS Corporation, there are less than 3 weeks until CANVS V SOCOM will be heard by the ASBCA (http://www.asbca.mil). I have been working on a bunch of material for this Blog that I look forward to posting when the material has been proprely vetted.

Till next time, same Bat Channel!