>So Intel failed to mitigate the vulnerability when it was first reported. Then they extended the embargo from May until November. And they still didn't fix it.
The assumption being that they could in the time given, but are sitting on their hands?
It's precisely because "competence is always within a given context" that the two statements are not identical.
Incompetent can mean "as to the particular project context" (i.e. they could be great engineers that din't manage to deliver the fixes for this issue), or "as to their general professional capacity" (i.e. they are lesser engineers).
No, the second is "incapable" and suggests that even a "great" engineer could not have done it.
The first one says that a "competent" engineer could have.
The assumption being that they could in the time given, but are sitting on their hands?