ORSC has lead the fight to make ICANN more open. Many people have supported us in these efforts. Now, we have another opportunity to do so. While I'm not a government contracts expert, it would appear that this NIST transfer of responsibility is giving ICANN control over the assets that will be delegated to the PSO and the ASO. If this is true, then the USG is giving up their oversight over these functions. And this is happening without ICANN being open, without ICANN having a membership structure, and without ICANN having any SOs (supporting organizations) defined and/or constituted. If ORSC is to object to this single source award, my suggestion is that we do so *only* to force ICANN to present a business and a financial plan to the Internet community -- not an unreasonable expectation. With that said, I am copying this to the IFWP, POISED, and the RIR lists for comments and suggestions!? Jay. At 1/18/99, 12:19 PM, Richard J. Sexton wrote:

I think we should send it.

At 01:01 AM 1/18/99 -0800, Einar Stefferud wrote:

...

I have looked carefully at the question of whether ORSC should send the following protest letter to the US Government in an effort to stop this contract action and subject it to serious review.

I find that, as Chair of the ORSC Board of Directors, it will not be a good thing for ORSC so do as an organization in its current state and situation.

However, those who might disagree are, or course, free to do as they please, so you are all free to protest as yourselves, or as your own company organization, but not as a representative of ORSC.

Discussion of this on the ORSC list is welcome, as some of you will want to better understand what this is all about before taking action.

The deadline for submission appears to be Tuesday, 19 January. You might want to FAX it to be there at the opening of business on Tuesday.

Best regards...\Stef

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ NOTE THE LETTER GOES TO THE COMPROLLER GENERAL. PHONES 202 512 5500 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

David M. Walker Comptroller General, General Accounting Office January 19, 1999 Room 7100, 441 G Street NW Washington, DC 20548

Dear Mr. Walker:

As _______________________, I am protesting the issuance by the National insititue of Standards of Sol.No.: 52SBNT9C1020 as a sole source solicitation to the Internet Corporation for Assigned Names and Numbers (ICANN) for operation of the Internet Assigned Numbers Authority.

Sincerely,

_________________

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

My source days that:

[My source says these four lines are all that is necessary to stop things unless gov't can show irreparable damage. That when this is recieved GAO is obligated to say stop and begin fact finding. This particular process was designed to be very simple at the front end... GAO generallly assumes good faith on part of gov't but there is a documented record here of lack of good faith. The authority listed is

...

the FAR USC 241....but what is NTIA's authority to do in the first place? They have cited none except the MoU stemming from their white house appointed and annoited role. Well the president doesn't create agency authority to act. Congress does! The GAO is the arm of Congress.]

You might also want to send a copy to:

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Lisa K. Jandovitz, January 19, 1999 Contracting Officer National Institute of Standards & Technology, Acq uisition & Assistance Div., 100 Bureau Drive Stop 3572, Bldg. 301, Rm B117, Gaithersburg, MD 20899-3572

Dear Ms. Jandovitz,

Enclosed is a copy of my letter to Mr. David M. Walker at the General Accounting Office. I am sasking him to over turn your decision to issue Solicitation No. 52SBNT9C1020 as sole Source. ORSC looks forward to responding istelf to a competitive solicitation.

Thank you for your assistance.

Sincerely,

_____________________

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Data regarding the contract action at issue, taken from the Business Comerce Daily...

Category : <D> (Automatic Data Processing and Telecommunication Services) Address : National Institute of Standards & Technology, Acquisition & Assistance Div.,100 Bureau Drive Stop 3572, Bldg. 301, Rm B117, Gaithersburg, MD 20899-3572 Sol. no. : 52SBNT9C1020 Contact : Teresa A. Reefe, Contract Specialist (301) 975-6364 or Lisa K. Jandovitz, Contracting Officer (301) 975-6344Due : 18 Feb, 1999 SOL 52SBNT9C1020 DUE 021899 POC Teresa A. Reefe, Contract Specialist (301) 975-6364 or Lisa K. Jandovitz, Contracting Officer (301) 975-6344

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

...

From Commerce Business Daily, January 6, 1999 PSA-2256 INTERNET ASSIGNED NUMBERS AUTHORITY Category : <D> (Automatic Data Processing and Telecommunication Services) Address : National Institute of Standards & Technology, Acquisition & Assistance Div.,100 Bureau Drive Stop 3572, Bldg. 301, Rm B117, Gaithersburg, MD 20899-3572Sol. no. : 52SBNT9C1020 Contact : Teresa A. Reefe, Contract Specialist (301) 975-6364 or Lisa K. Jandovitz, Contracting Officer (301) 975-6344Due : 18 Feb, 1999 SOL 52SBNT9C1020 DUE 021899 POC Teresa A. Reefe, Contract Specialist (301) 975-6364 or Lisa K. Jandovitz, Contracting Officer (301) 975-6344 WEB: NIST Contracts Homepage, http://www.nist.gov/admin/od/contract.htm. E-MAIL: NIST Contracts Office, Contract@nist.gov. The National Institute of Standards and Technology (NIST), on behalf of the National Telecommunications and Information Administration (NTIA) intends to award a contract under the authority of 41 USC 253(c)(1), only one responsible source, to the Internet Corporation for Assigned Names and Numbers (ICANN) for operation of the Internet Assigned Numbers Authority. The Department of Commerce has initiated an effort to transition the

...

technical management of Internet Names and Addresses from the Government to the private sector. In June, 1998, the Department issued its Statement of Policy which outlined the steps of the transition. The Department through NTIA has since entered into a joint project agreement (15 U.S.C. 1525) with ICANN, a non-profit entity. Pursuant to this JPA, the parties will "jointly design, develop and test the mechanisms, methods and procedures that should be in place and the steps necessary to transition management responsibility for DNS functions now performed by or on behalf of the U.S. Government to a private sector non-profit entity". NTIA is initiating this contract action to fulfill its need for continuity of services related to the technical management of Internet Names and Addresses during the transition described in the Statement of Policy and the JPA. This particular aspect of the technical management, the Internet Assigned Numbers Authority (IANA), is currently covered in a contract between the Defense Advanced Research Projects Agency (DARPA) and the University of Southern California (USC) in project known as Teranode Network Technology (TNT). On December 24, 1998, USC, entered a transition agreement under which ICANN acquired the expertise and resources to perform the IANA function described in the TNT contract. Pursuant to its agreement with USC, ICANN now possesses the unique attributes and characteristics specific to the IANA functional tasks. To ensure the success of the transition described in the Statement of Policy and the JPA, the Department must ensure the continuityof the services necessary to support the IANA function. Further, ICANN has unique attributes to fulfill these tasks in compliance with the principles in the Department's Statement of Policy, including comprehensive, public, and transparent processes, mechanism and structures for making policy determinations that the U.S. Government seeks to have performed during the transition. The period of performance is estimated to be from date of contract award through September 30, 2000. Posted 01/04/99 (W-SN284696). (0004) z

-- "That's why there is a Protocol SO. To decide what the next number after 16 is." - Dixon (tinc)