Replies inline:
>
Original Message-----
>From: Jeff Mischkinsky [mailto:jeff.mischkinsky@oracle.com]
>Sent: Wednesday, February 18, 2009 10:17 AM
>To: James Bryce Clark
>Cc: Scott McGrath; Mary McRae; Expanded Board List
>Subject: Re: CAP-IPAWS Profile Specification Issues
>
>hi, (deleting all the public folks)
>
> First, let me say that i don't believe that there is any hanky
>panky, for lack of a better term :-), going on.
> However, when i was talking to mary yesterday in an attempt to
>clarify some facts and understand what was going on, i took away the
>following understandings, which i wold like confirm or be educated as
>to the correct understandings:
>1. OASIS has a contract with DHS to expedite and make sure some work
>on emergency "stuff" happens.
[Scott said:]
Yes, for clarity of what "stuff" we are asked to do, see the Statement of
Work, appended to the bottom of this mail message.
>2. some members of the TC are being paid as contractors to work on the
>project
>3. they are being paid by OASIS via the funding per the contract from
>DHS
[Scott said:]
Yes
>4. the contract says its terms can't be disclosed
[Scott said:]
Yes, as a third or fourth tier subcontractor, we have no option on that.
Just as your company probably has an employee rule that says press inquiries
are handled by PR, legal inquiries by legal dept etc, the feds want to
control what is said about their contracts. This, I was told, is standard
boilerplate, non-negotiable. The text of the clause follows, but I'd note
that the SOW over-rides the "technical" disclosure issue - our job is to get
the "technical" work into the OASIS public domain.
>5. the contract may say OASIS should "expedite" the work (if so please
>clarify what "expedite" means), which seems to be "public" knowledge
[Scott said:]
There is no language to expedite, or pressure to over-ride the TC process.
See SOW appended to the bottom of this thread.
>Even w/o 5, there is room for the following "paranoid" interpretation.
>Since there are members of the TC who are receiving money from OASIS
>to work on the TC, they could be told how to vote, by OASIS, as a
>condition for their work. There also could be some clauses in the
>contract that require OASIS to direct those folks, who after all are
>working for OASIS, to take certain positions, vote in particular ways,
>etc., etc. If you couple that with 4 and 3 (above), and you don't like
>what is going on in the TC, it is easy to claim/imagine all sorts of
>nefarious conspiracies.
[Scott said:]
I'm advocating to my contacts at JH APL (where our contract comes from) and
DHS (where the prime contract comes from) that we be allowed to disclose to
members the SOW. They have thus far vigorously said no, SOP is all contract
information requests go through FOIA, period. FWIW, DHS could have
contracted directly with the contractors we are using, but they came to me,
asking us to be involved because they wanted to give a layer of separation
so they can't influence, or be seen as influencing.
>
>Let me REPEAT, i'm not saying that OASIS is engaging in any of this,
>but merely that one could interpret the facts, if i've got them right
>above in that way.
>
>The obvious way to alleviate those fears in this case now is to make
>the contract public, or possibly wait until someone can file the FOIA
>request and wait for DHS to produce the answer, before the TC proceeds
>further.
[Scott said:]
The TC took that option to vote and it failed. BUT, the reality is that,
because we are a sub-contractor to a sub, to a sub, the FOIA request may
never expose the contract.
>
>As a secondary issue:
>
> From my discussions, i've "heard" that OASIS MAY have signed this
>contract/started work on it without first having seen the text. I'd
>like to verify if this is merely loose talk/rumor or the case. One
>description of the events that i've heard is, "it will take too long
>to work out the text, so just go ahead and start and will do the
>paperwork later". I would like this clarified by OASIS staff ASAP.
[Scott said:]
Federal contracting takes a long time. ;-0 They acknowledge that and
mitigate our costs by issuing a Pre Contract Cost Authorization letter. Our
PCCA is dated 1/16/09 I've been told any work done before that should be
dated after the PCCA date for payment. The contract was signed 13 Feb. We
have not yet formally contracted with the members involved, waiting to
receive our contract. They are tracking their hours spent that will
ultimately be paid hours or volunteer time--and they acknowledge it could
ultimately be either.
>
>Obviously, as a Board member I have grave concerns if OASIS is
>agreeing to or has agreed to contracts without having seen the text/
>terms and reviewed them.
>
>Let me emphasize that i am not trying to imply, nor do I believe
>(based on what i've heard and seen to date) that anyone on the TC or
>OASIS staff has acted improperly. Aside from Art's unsubstantiated
>rantings, i haven't seen any evidence. Mary expressed incredulity to
>me when i pushed her on 1-5 and the paranoid scenario, but "why would
>we do that? "We just want to make sure the freaking spec gets written,
>and maybe earn a little money for OASIS at the same time"
>
>cheers,
> jeff
>
>On Feb 17, 2009, at 6:42 PM, James Bryce Clark wrote:
>
>> At today's meeting, the EMTC discussed whether to accept a drafting
>> recommendation that the DHS IPAWS requirements be included as an
>> appendix to the CAP profile itself as a Committee Draft.
>>
>> Art opposes that material being included, for reasons stated in
>> earlier e-mails. Which is fine. But there've also been
>> insinuations of inappropiate behavior by those who disagree. That's
>> not fine, and we have to respectfully disagree with Art's assertion
>> of an improper conflict here.
>>
>> The TC can chose to include the material, or not, as it sees fit.
>> Sometimes TCs include contributed non-normative material; sometimes
>> they don't. This is not a policy matter.
>>
>> But it also was suggested that TC members who are DHS staff or DHS
>> contractors are acting improperly, if they favor including the DHS
>> material. That's silly. Standards committee members are all
>> experts, with biases, which they bring into a TC ... to hammer out
>> compromises .. which is what we do in standards work. As long as
>> the deliberations are carried out properly and transparently under
>> our rules, no-one should be attacked for having an opinion.
>>
>> It also was suggested that OASIS or its staff has some intent to
>> control the TC. That's silly, too. The TC is free to make its own
>> choices. Art expressed concern about the contract OASIS made with
>> DHS to provide some assistance and information to DHS about the
>> spec. OASIS could not have agreed to a contract that asked us to
>> influence or assure the technical decisions made by the TC. And we
>> didn't. Because we don't have that power.
>>
>> The contract was not posted to the TC because, for whatever reason,
>> the contractor set some rules around how it's disclosed. Which Art
>> and everyone is welcome to pursue.
>>
>> We respectfully suggest that the TC members focus on the technical
>> merits of excluding or including the appendix, rather than impugning
>> motives, and then resolve the issue by voting.
>>
>> Regards JBC
>>
>> ~ James Bryce Clark
>> ~ Director of Standards Development, OASIS
>> ~ http://www.oasis-open.org/who/staff.php#clark
>>
>>> Friends -
>>> In the course of today's Emergency Management TC meeting a DHS
>>> representative expressed the opinion that OASIS is under a
>>> contractual
>>> obligations to expedite the processing of the IPAWS profile over
>>> and above
>>> the OASIS TC Process. As we've been unable to obtain a copy of that
>>> contract, and considering that the numerous OASIS staff who were
>>> taking an
>>> active part in our meeting didn't appear to contradict that claim,
>>> I guess
>>> we have to assume that it's true.
>>> Therefore I'm forced, reluctantly, to the conclusion that this
>>> process is
>>> seriously compromised by conflicts of interest. I have asked that
>>> my name
>>> be removed from the list of editors of the IPAWS draft and I will be
>>> considering whether renewing my agency's OASIS membership would be
>>> in the
>>> best interests of the people of Contra Costa County.
>>> - Art
>>
>>
>>
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>
>--
>Jeff Mischkinsky
jeff.mischkinsky@oracle.com
>Director, Oracle Fusion Middleware
+1(650)506-1975
> and Web Services Standards 500 Oracle
>Parkway, M/S 2OP9
>Oracle Redwood
Shores, CA
>94065
>
STATEMENT OF WORK STARTS HERE
TASK 1(A): Support the IPAWS CAP Profile development and approval process
activities that may include, but are not limited to, the following:
(i)
Prepare recommendations to the OASIS Emergency Management Technical
Sub-committee, the OIC and FEMA IPAWS Federal Working Group (FWG);
(ii)
Develop technical documentation to support the IPAWS Common Alert Protocol
(CAP v1.1) Profile Requirements and Technical Specification document through
the entire OASIS requirements and approval process;
(iii)
Prepare and work with the OASIS EM TC to develop, refine and approve the
Profile at least through the Technical Subcommittee approval which includes
creating the draft documentation and final materials for submission to the
OASIS Emergency Management Technical Committee (OASIS EM TC) during the
entire Profile approval process;
(iv)
Work with the appropriate technical committees and stakeholders to manage
the Profile approval process and work to resolve issues;
(v)
Assist with the completion of final approved Profile;
(vi)
The Performer will coordinate meetings, track issues, facilitate resolutions
to issues, update OIC and FEMA management on status and provide project
support to the IPAWS CAP EAS Profile process.
TASK 1(B): Participate in the standards development organization process by
providing subject matter expertise and by serving as an interface between
S&T OIC, FEMA IPAWS and other stakeholder bodies and organization.
Deliverables: Monthly program status report (both written and electronic) by
the twelfth of the following month to APL. The report should contain metrics
pertaining to financial, schedule, and scope information, risk information,
and performance assessment information of all work performed hereunder.
Enclosure 1
Rev 11/7/06