Free Response to Supplemental Brief - District Court of Federal Claims - federal

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 1 of 10

Defendant's Supplemental Exhibit 87

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 2 of 10

United States Government

nd
REPLY TO ATTN OF: CPD

Department Albuquerque Operations Office

DR~'T

- SUBJECT:

Rockw~ll International Corporation Contract for R~cky Flats Plant - A~ard Fee Determination for Period October i, 1988, through March 31, 1989 John C. Tuck, Under Secretary of Energy, S-3, HQ
R~ckw~ll International Corporation's (RI) perfo~ evaluation and the associated award fee for the period October I, 1988, through March 31, 1989, are still under consideration. Attached for your review is a copy of a memor~ from the Albuquerque Operations Office Performance Evalua~ Review Board (PERB) which w~s prepared as a result of the changing circumstances related t~ RI's award fee.

TO:

Although I am the Award Fee Determination Official for~the RI contract, Mr. Goldberg's presence on-site during the past several w~eks has undoubtedly given him considerable insight into current conditions at ~cky Flats° Given this, I am not in a position to offer an informed alternative to his proposal, especially in view of cur changing philosophy in the applicaticm of Department of Energy (DOE) performance standards and the level of expectations° Although the proposed change to an overall numerical ratin~ of "87" may seem modest when compared to the previously proposed AL ratir~ of 91.2, the result is a downward adjustment in the dollar a%~rd of $I,697~859 (-31.9%) due to the steepness of the AL award fee distribution curv~ ~hich negotiated with RI in order to optimize Rockw~ll's performance. AL has ~3~ertake~ an effort to inform its m~naqement and operatir~ ~ of ~'s changing philosophy in the application of its performance ~ in anticipation of formally implementing such a change later this ~ We anticipate extensive dialogue ir~ this rotter with o~r contractors an~ the ~ I will be pleased to discuss the above with y~u should you have any ~ questions or concerns over AL's position in this matter.

Bruce Go Twining Manager
Attachment

DRAFT

~ 000969

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 3 of 10

Defendant's Supplemental Exhibit 88

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 4 of 10

0001 1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
2 3 4 5 6 7 8 9 10 11 12 DEPOSITION OF: 13 14 HENSON MOORE,
x

ROCKWELL INTERNATIONAL CORPORATION, : : : Plaintiffs, : No. 91-1362C v. : Judge York : THE UNITED STATES, : : Defendants. :

Friday, April 29, 1994 Washington, D.C.

15 a witness, called for examination by counsel for 16 the Plaintiff, pursuant to notice of counsel, 17 held at Chadbourne & Parke, 1101 Vermont Street, 18 N.W., Washington, D.C. at 8:30 a.m. on Friday, 19 April 29, 1994, before Thomas R. McPhail, CSR, 20 Notary Public when were present on behalf of the 21 parties: 22

Moore, Henson 4/29/1994 (Claim)

Page 1

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 5 of 10

0025

1

Admiral. I assume that if he called for the

2 Admiral and couldn't get him, he would get me. 3 That is the way the Department ran is that ! was 4 the alter ego of the Admiral. If somebody called 5 for him they were immediately bumped to me if he

6 couldn't take the call or was out of town or was 7 traveling, that would have applied to Ed Goldberg 8 because we were following very closely what he

9 was doing and his problems. But as far as the 10 daily reporting responsibility, ! don't remember 11 there being one. Once I left the site, came back 12 to Washington, we were trying to get it back into 13 as usual a mode of operation as we thought was 14 appropriate at that particular time, which meant 15 he would have been reporting weekly to 16 Washington, all right, but I don't remember that 17 being me, or it being bifurcated that he was 18 reporting on certain things to me and certain 19 things to other people. It could be, I just 20 don't remember. 21 Q. Did Mr. Goldberg at this point in time

22 have direct access to Admiral Watkins?

Moore, Henson 4/29/1994 (Claim)

Page 25

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 6 of 10

Defendant's Supplemental Exhibit 89

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 7 of 10

1 2 3 4 5 6

UNITED STATES COURT OF FEDERAL CLAIMS

ROCKWELL INTERNATIONAL CORPORATION, PLAINTIFF,

7
VS.

CASE NO.

91-1362

8 THE UNITED STATES OF AMERICA, 9 DEFENDANT. io !i 12 13 14 15 16 17 18 19 2o 21 22 23 REPORTED BY: 24 25 KAREN R. BENTLEY, RPR, CCR NO. 180 FREE LANCE COURT REPORTERS 915 EAST BONNEVILLE AVENUE LAS VEGAS, NEVADA 89101 (702) 382-6082 DATE: TIME: LOCATION: TUESDAY, APRIL 26, 1994 9:05 A.M. OFFICES OF FREE LANCE COURT REPORTERS 915 EAST BONNEVILLE AVENUE LAS VEGAS, NEVADA 89101 DEPOSITION OF JOHN L. MEINHARDT TAKEN BY PLAINTIFF

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 8 of 10

33

1 2 3 4 5
6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q

ADMIRAL WATKINS. DO YOU RECALL WHETHER YOU

DISCUSSED THE ROCKWELL AWARD FEE FOR THE OCTOBER l, 1988, THROUGH MARCH 31, A 1989 PERIOD WITH ADMIRAL WATKINS?

I CAN RECALL ONE MEETING AND IT WAS TO

DISCUSS -- FOR THE PURPOSE OF DISCUSSING THAT. Q A Q A WHO WAS PRESENT AT THAT MEETING? TO THE BEST OF MY RECOLLECTION, BARR WAS THERE. JUST THE THREE OF YOU IS YOUR RECOLLECT -NO, I'M NOT SAYING THAT. I'M CERTAIN THERE WERE

OTHERS IN THE ROOM. BUT THE BEST OF MY RECOLLECTION, THE ONLY ONE I CAN REMEMBER IS BARR. Q A WHAT WAS SAID AT THIS MEETING? IT WAS A DISCUSSION OF THE -OF THE LETTER THAT

HAD BEEN FINALLY PREPARED WHICH HAD BEEN SUBSEQUENT TO THAT SENT OUT TO TWINING. Q THIS WAS A LETTER THAT YOU SENT TO TWINING

SPECIFYING A DOLLAR AMOUNT FOR THE ROCKWELL AWARD FEE? A Q RECOMMENDING A DOLLAR AMOUNT. I SEE. AND THIS MEETING TOOK PLACE BEFORE THAT

LETTER WENT OUT? A Q MEETING? A IT WAS NO DEEP DISCUSSION AS I RECALL. IT WAS YES. AND WHAT DO YOU RECALL WAS DISCUSSED AT THAT

SOMETHING THAT WE AGREED TO.

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 9 of 10

34

1 2 3 4 5 6 7 8 9 io ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q

DO YOU RECALL ANY DISCUSSION? I DON'T RECALL SPECIFICS OF IT, NO. DID ANYBODY AT THIS MEETING THINK THE DOLLAR

FIGURE THAT WAS CONTAINED IN THIS LETTER WAS TOO HIGH? A I CAN'T RECALL THAT. I'M CERTAIN IF THEY DID,

THE LETTER WOULD NOT HAVE GONE OUT. Q A Q WHY WOULD YOU -MEANING THE PEOPLE -- I WOULD HAVE BEEN TOLD. I'M A LITTLE CONFUSED. WHAT DO YOU MEAN YOU

WOULD HAVE BEEN TOLD? A WHAT I'M -- WHAT I'M SAYING IS A LETTER WAS

PRESENTED FOR APPROVAL. THE QUESTION YOU ASKED WAS DIDANYBODY AT THAT MEETING WANT THE NIIMBER LOWERED. WHAT I'M SAYING,

THAT BY -- THE MERE FACT THAT THE LETTER WENT OUT WOULD SUGGEST TO ME THAT NOBODY WANTED IT LOWERED. SPECULATION. Q WELL, IF SOMEBODY AT THAT MEETING HA!3 WANTED IT

LOWERED, YOU WOULD HAVE LOWERED IT? A Q I'M NOT SAYING THAT. WELL, DO YOU RECALL WHETHER ANYBODY SUGGESTED

THE DOLLAR SHOULD BE LOWER? A Q NO. I DO NOT RECALL.

LET ME SHOW YOU WHAT'S BEEN ALREADY MARKED AS IT'S A MEMOB_ANDUM TO YOU FROM MR. TWINING

EXHIBIT 87.

Case 1:91-cv-01362-CFL

Document 208-2

Filed 11/13/2006

Page 10 of 10

49

1 2 3 4 5 6 7 8 9 io ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A Q

THAT'S CORRECT. OKAY. AT THE VERY BOTTOM OF THE FIRST PAGE OF

THE SEPTEMBER 20 LETTER, YOU SAY THAT -- LAST SENTENCE SAYS THAT "2LDMIRAL WATKINS CONCURS IN THIS RECOMMENDATION." WHY DID YOU SAY THAT? A BECAUSE THE RECOMMENDATION, EITHER VERBALLY OR

IN WRITING, AND I CA!q'T RECALL WHICH, H/d] BEEN, IN FACT, PASSED TO HIM THROUGH A MEETING, A!qD ON ADVICE OF THOSE HE CONSIDERED TO BE APPROPRIATE, RECOMMENDATION. Q IS THAT THE MEETING THAT YOU TESTIFIED TO A FEW IN FACT DID CONCUR IN THIS

MINUTES AGO? A Q THAT'S CORRECT. AND DID YOU THINK IT WAS IMPORTANT FOR

MR. TWINING TO KNOW THAT ADMIRAL WATKINS CONCURRED? A Q A YES. WHY? BECAUSE AT THE TIME THERE WAS -- AS THE RECORD

STATES, THERE WAS A LOT OF REFLECTION IN THE HEADQUARTERS ABOUT THE AWARD FEE PROCESS CHANGING.PHILOSOPHIES. SO IT WAS APPROPRIATE THAT THAT WOULD -THAT BRUCE WOULD BE INFORMED THAT, INDEED, THE IN GENERAL AND, QUOTE,

HEADQUARTERS ALL THE WAY UP TO THE TOP HAD CONCURRED.