Antonio Frazier

Heads Up...DoD News related to Architect - Engineering (AE) Services! (1) FINAL RULE Effective 8/26/2024 - DFARS Case 2024-D019 Architect and Engineering Service Fees. This rule changes DFARS to implement Section 2881 of the FY24 NDAA to increase the limitation of the contract price (i.e., "fee") for A-E services for the preparation and delivery of designs, plans, drawings, and specifications from 6% of the project's estimated construction cost to 10%. It is applicable to Army, Navy, and Air Force projects (references in 10 U.S.C. 7540,8612, and 9540). The new 10% limit replaces the 6% fee limitation on contract modifications for work not initially included in the contract and redesign, and applies only to that portion of the contract (or modification) price attributable to the preparation of designs, plans, drawings, and specifications. If a contract or modification also includes other services, the part of the price attributable to the other services is not subject to the fee limitation. (Personally, I've been waiting since the early 1990's for this percentage to change (and yes, I've been doing this THAT long). This makes it easier for small AE businesses to participate in the Federal space. So, YEA!) Permalink: https://lnkd.in/g7vF95R6 (2) PROPOSED RULE Comments due 9/27/2024 -- DFARS Case 2023-D007 Task Order and Delivery Order Contracting for Architectural and Engineering Services. This rules proposes a corresponding change to DFARS Subpart 216.5, Indefinite-Delivery Contracts, to require DoD Contracting Officers (KOs) to use qualification-based selections when awarding task orders and delivery orders for AE services that was previously implemented procedurally under FAR Subparts 16.500, 16.505, and 36.6 procedures in 2005 under the final rule for FAR Case 2004-001 Improvements in Contracting for Architect-Engineer Services. This proposed rule adds DoD-specific statutory guidance (10 U.S.C. 3406(h)(2)) to DFARS directing KOs not to request additional info regarding qualifications unless necessary to determine qualifications for a particular task order or delivery order under a multiple-award contract. There should be little to no impact from this proposed rule since there are no procedural changes, new clauses or provisions, and no new applicability in terms of thresholds or types of contracts. Permalink: https://lnkd.in/gwh2_38J

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California is reeling from devastating wildfires, yet some Republicans are calling for federal disaster relief to be withheld from the state. This isn’t just bad politics—it’s bad for the entire nation. Here’s why this matters: 1️⃣ Harming Their Own Base: Many of the wildfire-hit areas lean Republican. Denying aid means hurting loyal voters. 2️⃣ Economic Powerhouse: California isn’t just the largest state economy—it’s the 5th largest in the world. Its contributions to federal taxes far outweigh what it receives in federal aid. 3️⃣ Setting a Dangerous Precedent: Weaponizing disaster relief against political opponents undermines national unity and trust in federal institutions. California’s economy fuels the nation. Its innovation, agriculture, and ports are critical to American prosperity. By turning their backs on the Golden State, Republicans risk more than just political fallout—they jeopardize the very foundation of national solidarity. Let’s stop the partisan posturing. In times of crisis, Americans stand together. It’s time the GOP did the same. #CaliforniaFires #FederalRelief #UnityOverDivision

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Since Texas Machine-Gun & Ordnance is the country’s largest LMT Defense M203 40mm grenade-launcher distributor, we often get calls from #LawEnforcement & #Police departments about purchasing M203s for #LessLethal use. While an M203 can be pressed into a less-lethal role, it typically is a poor choice for such an application.   The M203 is designed to chamber & fire the 40x46mm cartridge. The grenade-launcher developed from the age-old problem of wanting to “blow thine enemies to tiny bits” when you are not close enough to “lobbest thou thy Holy Hand Grenade of Antioch towards thy foe”.   As a result, the M203 is an extraordinarily rugged & reliable weapon that you can issue to a knuckle-dragging infantryman who scored “potato” on the ASVAB, to use as a hammer for tent stakes & it will still function as a weapon. The ability to be mounted to an M16/M4 or other #Firearms, simplifies the issuing & employment of the launcher for #Military purposes.   But features which make it a great military weapon, also make it a poor LE weapon.   Firstly we have the “YouTube effect”, where trudging around with a “grenade-launcher” isn’t going to look very good on #SocialMedia. While a 40mm “less-lethal launcher”, such as the ALS launcher in the picture will chamber & fire any 40x46 munitions, it has a very different connotation than an M203. This is especially true if it is mounted to a rifle. Certain applications such as #SWAT where intimidation & ability to have both a lethal & less-lethal option on the same weapon is a desired effect, but that is an exception.   Next is the limited ability to accept certain type of less-lethal cartridges. Most all military 40mm rounds are 40x46mm. But civilian 40mm less-lethal rounds are often longer than 46mm. Due to the M203’s design, it is limited in how long of a 40mm round it can accept. So an M203 is often only able to fire baton & barricade penetrator rounds. For applications such as SWAT, this may not be a problem. But to really harness the capabilities of the 40mm, a break-action launcher has tangible advantages of not being limited by the length of rounds.   Finally we have cost. An M203 without a mounting system runs about 50% more than the ALS launcher which doesn’t need any mounting system & is ready to go out of the box. The LMT’s stand-alone M203 is a really slick system, but costs more than double what the ALS launcher costs.   Like the clerk at Ammu-Nation in Grand Theft Auto: San Andreas, “ain't my business what you do with it”, when an LE agency wants to spend money on suboptimal less-lethal weapons such as an M203. But there certainly are better options for LE use than the M203.

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ProTip: If you're a U.S. defense contractor looking to hire, don't post a stock-photo of Russian mechanics working on a MiG, along with the tagline "come work with us." Yes, this actually happened. A small defense company made this exact blunder. That’s why rule #3 of 6 for avoiding the Aerospace & Defense Hall of Shame is: “Get Your Technology Right” I get it. If you’re not from this world, tanks can look an awful lot like self-propelled artillery, and it’s almost undoubtedly not a coincidence that China’s J-20 looks an awful lot like the U.S. Air Force’s F-22 Raptor (#theft and #espionage). BUT That’s no excuse. Because the customer knows the difference. Even if that blunder didn’t cost business, you can bet it cost credibility. Avoiding shameworthy moments – always a good thing. +-+ This is just one of my six cardinal rules for A&D marketing and communications success. Want the full playbook? I've partnered with Front Door Defense to bring you a free guide, "Zeroed In: Six Things You Must Do To Stay Out Of The A&D Hall of Shame." Grab it – for free – at defensetech (dot) xyz Are there more than 6 rules? You betcha! If you're ready to learn more of them – and to level up your A&D marketing game – then it’s time to join my upcoming course, "Stories that Sell: Strategic Communication for Defense Companies," in collaboration with Noah Sheinbaum and the gang at Front Door Defense. Links to the course and the guide in the comments below. And feel free to hit me up with questions.

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The continued unethical and illegal "reprisals" including apparent murder by elements of government, DOD, IC and affiliated private industry is unacceptable. This is not Russia or China. This is the United States, a Constitutional Republic, at least the last time I checked. The greatest experiment of democracy the world has ever known. How long will the legimate, elected government ignore the fact there is an illegal, illicit shadow government embedded within, affecting national security to their own ends, with no oversight acting unilaterally with impunity? Despite more concise federal laws passed each successive year for the last 4 years specifically to remedy this gross injustice, there is only mere token compliance on paper only. AARO to date under the now former leadership of Kirkpatrick/Gough is a parady. Bluebook 2.0. The Air Force continues to act as the fourth branch of federal government with veto powers. It's 75 year AFOSI program to discount any credible data, testimony and concealment of material proof of the existence of NHI and UAP is thriving. Despite credible and urgent testimony provided to the DOD IG, IC IG and Congressional intelligence committees by David Grusch and 40 other whistleblowers with first hand evidence of an illegal SAP crash retreaval program and apparent murders, no apparent evidence has been advanced publicly that the government is investigating any of these disturbing revelations to date. Why? Certain bureaucrats in the federal government and military industrial complex have become blatant political prostitutes, bought and paid for by the allure of ill-gotten gains of power and wealth, seduced to the dark side by the allure of privately funded corporate ill gotten gains, greed and lust for power. All at the expense of national security, and the general welfare of all Americans. All enimies foreign and domestic.... Some need to remember their oath. "Lue Elizondo, who was the head of a secretive Pentagon unit that studied UFOs, said there have been threats against him and "several other whistleblowers formerly associated with the UAP [unidentified anomalous phenomena] effort for the U.S. Government." "I would like to make this perfectly clear to the American people. I am not prone to accidents. I am not suicidal. I am not abusing drugs. I am not engaged in any illicit activities," Elizondo said in a statement to "The Good Trouble Show" on May 15." "If something happens to me or my family members in the future, you will know what happened." Matt Ford Rear Admiral Tim Gallaudet, PhD, US Navy (ret) Christopher Sharp Christopher Mellon https://lnkd.in/g9u7NXyw

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BIS Imposes $5.8 Million Penalty Against Pennsylvania Company for Shipments of Low-Level Items to Parties Tied to the PRC’s Hypersonics, UAV, and Military Electronics Programs As part of a settlement agreement to resolve alleged violations of U.S. export controls, the Department of Commerce’s Bureau of Industry and Security (BIS) imposed a $5.8 million civil penalty against TE Connectivity Corporation (TE), located in Middletown, Pennsylvania, and TE Connectivity HK Limited, located in Kwai Chung, New Territories, Hong Kong, for shipments of low-level items to parties tied to the People’s Republic of China’s (PRC) hypersonics, unmanned aerial vehicles (UAV), and military electronics programs. These alleged violations involved shipments of $1.74 million in items subject to the Export Administration Regulations (EAR) to parties on the BIS Entity List and for restricted end uses in China. Specifically, TE sent items such as wires, printed circuit-board connectors, and pressure and temperature scanners to parties previously placed on the BIS Entity List for supporting the PRC’s military modernization efforts in the fields of hypersonics, UAVs, and electronics. TE voluntarily disclosed the conduct to BIS, cooperated with the investigation by BIS’s Office of Export Enforcement, and took remedial measures after discovering the conduct at issue, which resulted in a significant reduction in the penalty. As alleged in the Proposed Charging Letter (PCL), BIS’s investigation determined that TE, through the actions of its China-based business units and distributors, from December 2015 through October 2019, violated the EAR on 79 occasions by exporting $1.74 million worth of EAR99 items to Chinese parties on the BIS Entity List and/or by exporting EAR99 items for restricted UAV end uses without the requisite license or other authorization from BIS. The low-level items, including wires, printed circuit-board connectors, and pressure and temperature scanners, were exported to missile, military electronics, and defense research organizations on the Entity List, including the China Aerodynamics Research and Development Center, which specializes in hypersonic missile research, two China Electronics Technology Group Corporation research institutes engaged in military electronics production, and the Northwestern Polytechnical University, without the requisite BIS export licenses. Company representatives in China used deception and concealment tactics to disguise end users on the Entity List or restricted end uses, including by changing end-user names or using misleading end-use descriptions. The company’s party screening efforts also failed to identify an obvious alternative spelling of a party on the Entity List.

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I have sat with my thoughts for long enough and now want to express my sense of things relating to Office of California Governor Gavin Newsom Emergency Rule that banned detectable levels of cannabinoids in hemp food products in California. As many of you will recall, Governor Newsom said, "We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores. We're taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.” This is utter nonsense. I will explain. California had on the books amongst the most comprehensive and nuanced regulations for THC in food in the entire country. To say these products are unregulated is blatant dishonesty and materially false. From a licensing perspective every stop along the logistics supply chain for a hemp food product required licensing. The crops had to be certified, the extracts had to be certified with chain of custody documentation, the manufacturers, wholesalers, warehousers, retailers, all had to be licensed and permitted to make and sell these products. California had stringent testing requirements including testing for around 128 items broken down by category as follows: Cannabinoids: 9 items Microbial Impurities: 6 items Mycotoxins: 5 items Residual Pesticides: 61 items Heavy Metals: 4 items Residual Solvents: 32 items Foreign Material: 4 items The labeling requirements were equally as stringent with distinct and specific requirements including a variety of health warnings, statements, cannabinoid concentration levels, QR codes for COA information, and more. In short, it was very challenging and expensive for businesses looking to comply with California regulations. It took time and effort to learn them and implement them. It took time for the various stakeholders to get licensed so that they could participate. It took time, money and effort to do things the right way. These businesses who took the time, who invested the costs, who learned the rules and who COMPLIED with the rules should not have been cast aside like yesterday's garbage like this. So the very notion that the Governor is out to save the kids with a complete blanket rule that treats all products as if they are the same was overkill, overbroad, and overdumb. All California had to do to get this right was enforce the rules it had on the books. Products that are marketed and attractive to children are already banned...so go take them off the shelf! California had civil fines and criminal sanctions built into the law including fines under Prop 65. So why in the world did Governor Newsom kill the hemp products industry when all the state had to do was enforce its laws and regs? I will leave that to you all to decide, but one thing is for sure clear, DPH-24-005E-Emergency Regulations are a complete joke. #hemplaw #hempproducts #californiahemp #cannabislaw

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A California juvenile record that is sealed is one of the few types of criminal record that you can get ENTIRELY REMOVED from your FBI background check (IdHS). Removed as in GONE. No mention of it whatsoever. The applicant has to go through another second process in addition to the record sealing, but the FBI background check (IdHS) can be cleared of the juvenile record. The first process (the record sealing) is done with the relevant court. The next process (the challenge and update of the FBI background check) is done with the California Department of Justice and the FBI Criminal Justice Information Services (CJIS). Once both processes are completed, where your FBI background check previously showed the juvenile record, your FBI background updated check will read: "A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. THIS DOES NOT PRECLUDE FURTHER CRIMINAL HISTORY AT THE STATE OR LOCAL LEVEL." This is the same language that appears for an FBI IdHS applicant who has never had any criminal record whatsoever. Clean as a whistle. This can obviously be an invaluable update for Americans applying for second citizenship, residency or visa (although I still recommend full disclosure when required). There are also additional domestic U.S. benefits to getting such an update. I'll be posting a full article soon explaining the processes, timelines and which types of California juvenile records can be sealed, as well as redacted snapshots of the FBI IdHS pre-sealing and CalDOJ challenge vs. post-sealing and CalDOJ challenge (with full client consent, of course). #fbi #backgroundcheck #citizenship #secondcitizenship

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🤯🤯🤯 Bombshell incredibly well researched 214 page class action lawsuit against Illumina, GRAIL and a key set of executives filed in the US Federal Court, Southern District of California. Requesting a jury trial (just up the road from me!) 🍿🍿🍿 Defendants in this suit are key execs (rather then the ILMN Board - the focus in the Delaware suits). They are: deSouza, Thompson, Samad, Febbo, Aravanis, Bishop, Ofman, and Klausner. Most of the allegations relate to making unfounded claims of GRAIL's clinical and financial performance made to pump up Illumina's stock price, which caused financial damage to ILMN investors. The most dramatic allegation: "Defendants were personally motivated to carry out the GRAIL acquisition and surrounding fraud, as it enabled them to secretly reap hundreds of millions of dollars in proceeds through their undisclosed financial interests in the form of GRAIL’s missing equity and Milky Way, Defendant Klausner’s investment vehicle that he used to exploit his inside knowledge of the GRAIL acquisition. As detailed above, the missing equity at the time of the close of the GRAIL acquisition totaled over $830 million." [There have been social media accusations similar to this before but I've not reposted them. But this filing is by a highly reputable the firm: BLB&G is often appointed by state, local and union pension funds to run shareholder lawsuits and they won $1.4 billion (😳) in settlements in 2021-22.] Some other quotes: "The truth about Galleri’s ineffectiveness and Illumina’s inability to commercialize such an expensive and clinically useless product was no secret to Illumina’s senior leadership. Defendant deSouza himself internally acknowledged that neither he nor Illumina had any actual evidence that Galleri could save lives." "As reported by one former Illumina employee, in 2023, deSouza directed an effort to identify an independent scientist or other backer to publicly praise the GRAIL acquisition and provide legitimacy to deSouza’s statements that Illumina would “accelerate” Galleri’s adoption and “save lives.” But despite weeks of work and outreach, Illumina was unable to identify anyone willing to publicly make that representation—enraging deSouza." "Other former employees reported the same concern, and said that the commercial plan for GRAIL was “preposterous” and based on “dreams and magic” because private payors demanded evidence (such as FDA approval) that the test actually worked—which GRAIL simply did not have." "It was also materially false and misleading for Defendant deSouza to state that acceleration would “save tens of thousands of lives.” In truth, and as the FDA informed Defendants before the start of the Class Period, the clinical data for Galleri developed to date was “insufficient,” and even the clinical trials GRAIL proposed to run to seek FDA approval would not establish its effectiveness." [Lots more to come on this case, there's a huge amount of info in the filing]

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🚨BREAKING: US Navy P8 Poseidon 'Sub Hunter' on High Alert Over Florida Coast as Russian Submarine Detected In a tense development reminiscent of the Cuban Missile Crisis, a US Navy P8 Poseidon aircraft is currently conducting a search for a rogue Russian submarine off the coast of Florida. The Russian Navy's Kazan nuclear submarine, equipped with 4500-km range Kalibr-M missiles, is reported to be just 66 miles away from the Florida coast, near Havana, Cuba. This alarming development comes as Russian warships, including a nuclear submarine, have arrived in Havana harbor, further escalating the situation. The proximity of these vessels to the US mainland has raised concerns of a potential new Cuban Missile Crisis, as tensions between the two superpowers continue to mount. The US Navy is on high alert, closely monitoring the situation and conducting surveillance operations to ensure the safety of American waters. From: US Civil Defense News. On X

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In a recent case underscoring the significance of export controls, a Kansas businessman has pleaded guilty to violating U.S. laws by selling advanced aviation equipment to Russia. Learn more about the details and implications of this case. #ExportControls #Aviation #Compliance 🌍🔒

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USC SHIELD Innovates Security For Land, Earth and Beyond Maria Vittoria Borghi | May 9, 2024 USC SHIELD: Executive Program in Global Space and Deterrence has new tools to preserve peace everywhere and anywhere, together Deanna Ryals, the director of international affairs at the U.S. Space Force in Los Angeles, was ecstatic to be selected for the USC SHIELD Executive Program in Global Space and Deterrence. To her, it presented a unique opportunity to gain a fresh perspective on forging global partnerships for space access and defense. “I had heard about the program from my counterparts who had been in previous cohorts,” she said. “I knew how much they enjoyed it, how much they learned, and was really excited to be considered for it.” On April 27, Ryals and her 23 classmates, high-level professionals from the Department of Defense, U.S. Army, U.S. Space Force, U.S. Air Force, The National Guard, Lockheed Martin, and Raytheon Technologies, concluded USC SHIELD program. This year’s session, jointly run by the USC Viterbi School of Engineering and the USC Sol Price School of Public Policy, in collaboration with the Missile Defense Advocacy Alliance (MDAA), took place between September 2023 and April 2024, culminating with a three-day residency between April 25 and 27 and group presentations at USC. The program’s hybrid curriculum on integrated policy and technology readiness for peace and stability equipped top-ranked defense experts from America and beyond with critical skills, especially with international conflicts surging around the world. “I think working with other students has been most beneficial because you see similar challenges in different organizations and realize that we’re struggling with the same things,” said Col. Minpo Shiue, the Warfighting Integration Office director at the Space Systems Command in Los Angeles. “It makes you want to work together to make a whole government solution on different issues.” In groups of four and five, the cohort came up with policy and technology solutions to deter war on land, sea or space. Topics included how to leverage assets of non-governmental organizations to ramp up capabilities in space, how to establish joint defense solutions in absence of treaties, and how to use Ukranian acoustic sensors that detect low-flying threats underwater. Importantly, the USC SHIELD program allows professionals to think outside the box to accelerate innovation. This is facilitated by the multidisciplinary background of the participants; USC’s strong academic resources; and access to a network of leaders provided by the Missile Defense Advocacy Alliance (MDAA). For example, students could visit SpaceWERX, the innovation arm of the U.S. Space Force, on their first day in Los Angeles in April. USC SHIELD fosters “one of the rare environments where there’s trust to convey ideas and concepts for the military,” said Riki Ellison, founder and chairman of the MDAA and a Trojan https://lnkd.in/ezs6dWCU

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Small unmanned surface vehicles (sUSV) have been one of the priorities for the US Navy, the Defense Innovation Unit (DIU), United States Department of Defense Deputy Secretary Hicks, and Replicator with contracts recently awarded to a mix of mid-size, non-traditional, and venture-backed companies. According to Hicks, “Replicator is demonstrating from the top and across the enterprise how to deliver all kinds of capability at speed and scale.... What we’ve done in under 12 months can take seven-to-ten years.” In early 2020, Federal Budget IQ identified unmanned as a 10-year multi-billion-dollar national security policy and funding priority driven by the evolution of our National Defense Strategy, its increased focus on near-peer competitors, operational and staffing challenges, and budgetary realities. #defensetech #unmanned #susv #replicator #publicsectorforecast Chauncey Goss Maureen Holohan Becky Leggieri Cameron Leuthy Austin Smythe

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🌟 Meet our incredible members! This week, we’re shining the spotlight on Tom McDaniel from L3Harris Technologies. Tom discusses how DII has helped him and his organization. What is one way that you and your organization use DII? To me the most valuable part of DII is networking with other members offline using Member Connect and in-person during the annual Best Practices Forum (BPF) to share ideas and learn how others are implementing their respective ethics programs. Check out his full spotlight at www.dii.org #DIICommunity #ethicsandcompliance

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Controversial opinion... The Department of Defense should generally not consider a vendor's manufacturing capacity during vendor selection. If you never buy from a vendor because you worry they won't be able to scale production to your needs, new vendors will (giant surprise inbound) not be able to scale production to your needs. It's such a direct effect, I don't even know if it's worth calling it a self fulfilling prophesy. "I can't believe we are going to have to go with [INSERT traditional contractor here] for the [INSERT program name here]. If only we had other contractors of their scale that we could work with" 🤦‍♂️ This is another flavor of the oft repeated advice to the Department to focus on being a better customer. If the DoD end user and the DoD buyer like what a vendor is offering but are concerned that the vendor might not be able to meet today's demand, this is a capital problem. There needs to be a mechanism to cut the contract to the vendor in concert with the vendor securing substantial investment. In effect, VC firms or PE firms, or aligned capital providers can under-write capacity with capital. It seems like such an obvious solution but when I bring it up you can see all the lawyers in the room start to sweat. Funny stories abound here. I will share one later this week.

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