RpK termination appeal [Update]

RpK is following the appeals procedure under the COTS agrement: Rocketplane Kistler Appeals NASA Decision to Terminate COTS Agreement - Space News - Oct.22.07.

An attorney for RpK of Oklahoma City, sent NASA a letter Oct. 19 asking the agency to either reconsider the termination or give the company $10 million for progress it made toward its unmet milestones.

Under COTS they cannot appeal to the U.S. Government Accountability Office (GAO) as is standard with government contracts. Instead RpK must follow

a three-step appeals process that begins with NASA's COTS contracting officer and ends with the agency's associate administrator for exploration systems, Rich Gilbrech, who signed off on RpK's termination.

If they don't get the decision reversed after all that, they can then sue NASA in court.

NASA says they are nevertheless proceeding with the solicitation of proposals for use of the money made available by the termination.

[Update: The article is now in the free space.com section.]

Posted 10/22/07 | 13:41:40 by TopSpacer | Filed under: Commercial ISS Resupply

Comments

So lets see:

RpK wants more time to raise money
or wants money to go away.

They won't get either.

NASA could just tell RpK Okay, while they reprogram
towards a second competitor.

RpK has to convince investors that their story is
better now while their only customer is claiming
they are idiots.

that is a lousy story

Posted by anonymous at 10/22/07 21:47:16

"An attorney for RpK of Oklahoma City, sent NASA a letter Oct. 19 asking the agency to either reconsider the termination or give the company $10 million for progress it made toward its unmet milestones."

what about the millions they have already squandered from NASA shouldn't that not count against their development costs. These guys are idiots.
It is like they did not read the terms of the COTS agreement. (where were the lawyers for that one)
Hey morons, COTS is a comipition not a contract. there were never any guarantees.
If anything the feds should be calling for an audit of their books, as well as any privet investment. What the hell did they do with all the money?

On another note It looks like they have dusted off the old suborbital stuff. I guess they have some cash for that. wait a secā€¦theyā€¦moneyā€¦nahhh!

I only know of one other so called "management", "business leader", "space entrepreneur" in this industry more delusional than GF3 ( and he is not associated with the Da Vinci project.)

this is just pathetic now, you guys are making the industry look bad.

What's Next? a midnight run, dropping anonymous leaflets in mailboxes to campaign against NASA.

RiPK

Posted by Number 2 at 10/23/07 07:48:02

number2,

you stole my thunder.

RiPK

Posted by Ed at 10/23/07 07:56:26

Number 2,

Good call. I can already hear the meeting of the bored (mis-spelling intentional) of directors.

GF3- Well now that we lost COTS we should go back to Sub-Orbital space tourism.
Lackey #1- Yeah, great idea, GF3 ! But we don't have any money.
GF3- Riightt, that could be a problem.
Lackey #2- Where are we gonna find cash to keep "working" on our new Sub-Orbital XP that we have to announce at XP-Cup?
GF3- I've got it! We tell NASA that they have to give us our COTS agreemnet back or i'm not going to leave their office.
Lackey #1-Good idea.
GF3- Either that or they give us 10 mil. for work we did towards milestones that we didn't achieve! They OWE us that much at least.
Lackey #2- Yeah, all those "business lunches" to try get financing were REALLY expensive.

Ed,

You hit the nail on the head. RiPK.

My $ 0.02 worth.

Posted by Buck.Bundy at 10/23/07 10:16:13

Buck, I could also hear the next meeting...

GF3: So here is the big plan to go along with the Suborbital strategy.

Lackey#2 fantastic...are we going to build another mock-up? Xprize cup? more cash for your wife? or...

GF3: no no..not this time...even better.

Lacky#1 oh oh ooo ooo I know...you need more of our life savings?

GF3# maybe….But right now we are going to the MOON! . X-Prize 2.0! Yeehaaaw

Lacky#2: yes!

Lacky#3: Ahh! excuse me... so we have financing?

GF3: yes we have all of our financing in place

Lacky#3: So we have money in the bank?

GF3: yep…We Have It!

Lacky#3: really?

Lacky#1: How dare you question the mighty GF3… he has a thousand pound brain.

GF3: Its ok Lacky#1…. its on the way

Lacky#3: So we don't really have it then do we.

GF3: Oh no we have it.

Irrational Irate Lacky#1: Shut up! shut up…stop being so negative!

Lacky#3: Why don't we just stick to the plan and get something built. and get some credibility.

GF3: Nonsense, I know better! We need to think in bold strokes and issue another press release with even grander plans.

Posted by Ed at 10/23/07 12:42:20

"Lackey#2 fantastic...are we going to build another mock-up? Xprize cup? more cash for your wife? or...

GF3: no no..not this time...even better.

Lacky#1 oh oh ooo ooo I know...you need more of our life savings?"

thats funny, so true - so very true.

but if you ask me they would be far better off with Brian Feeney in the driver seat. He put the Canadian privet space effort on the map.
Go Wild fire!

thats funny

Posted by Mufftie at 10/24/07 05:51:44

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