Free Response to Motion - District Court of Federal Claims - federal

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DEFENDANT'S SUPPLEMENTAL APPENDIX

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INDEX TO SUPPLEMENTALAPPENDIX Tab 18 19 October 15, 2004 Declaration of Jolm Williamson ............................ July 17, 1995 "Memorandum All Potential Des1¢top V Offerors". ............. For P~ 328 329

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Tab

18

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IN THE UNITED STATES COURTOF FEDERALCLAIMS

INTERNATIONAL DATA PRODUCTS CORPORATION, Plaintiff,
V.

No. 01-459C (Judge George W. Miller)

THE UNITED STATES, Defendant.

DECLARATION OF JOHN WILLIAMSON I, Jotm H. Williamson,declare as follows: 1. Unlessother~vise stated, I have personal knowledge the following facts, of

whichI believe to be true to the best of mypresent knowledge understanding. and 2. I ama Trial Attorneyin the Civil Division of the United States Department of

Justice. I amcounselof record for defendantin this lawsuit. This declaration is filed in support of defendm~t's motion for summm'y judgment. 3. Attached behind Tab "19" is a true copy of the July 17, 1995 "Memorandum

For All Potential Desktop V Offerors" regarding Contract No. F01620-97-D-0001 ("Desktop V") that is containedin the Air Force's files for the DesktopV contract, and wasproducedto plaintiff in this lawsuit. It appears that whenthe documents were copied, the second page of the memorandum copied twice, and assiN~ed the Bates numbers USAF was 7892 and 7893. I declare underpenalty of perjury that the foregoingis true and correct.

Executed ol~ October ]~-,2004

'~/7%~{'-~/~4--'~'¢'2._ U John H. Wiltiamson 328

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Tab

19

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17 fful 95 ME~IORANDU~I FOR ALL POTENTIAL FRO~,I: DESKTOP V OFFERORS

HQ $SG/PK24 55 North Ramp Road Maxwell Air Force Base-Gunter Annex AL 36114-3331

SUBJECT: Request for Proposal (R_VP)No. F01620-95-R-A05i, Desktop V (DT-V) Program

1. Attached herewith is the RFP(under full and open competition after exclusion of sources) be issued on the DT-V program. The solicitation is being distributed via three methods, in electronic form on diskettes, and the SSGAcquisition Bulletin Board System (ACQBBS). and [imited paper copies by specific request only. To ensure your proposal is considered, please adhere to the proposal submissioninstructions contained in this letter and the RFP. 2. Attachments l and 2 are the diskettes containing the DT-VRFP (labeled 'qgT-V 8(A)RFP"), and the Price Evaluation Model (PEM), the Technical Evaluation Model(TEM), ManagementEvaluation Model (MEM)and User's Manual. The diskettes contain selfextracting, executable files ~T-VRFP.EXE) which extract into Microsoft (MS) Word Windows Version 6.0 or MSExcel Version 5.0c formats. Provided for your information are questions received and answers released via the SSGACQBBS since the re/ease of the draft RFP. For your convenience, we have also included a file containing the list of interested vendors (mall-Sa.doc) with the RFP. The Technical and Management Specifications Matrices are now included in the TEMand MEM.The PEMITEMIMEM User's Manual and a "read me" Ne are contained on the diskettes and are available uponinstallation. The instructions on the diskettes and the associated documentation (Sec/Pam LS, Attachment 8) should provide sufficient explanation to install and use the PEM,TEM,and MEM. the event you receive a diskette In which is unreadable, please contact Capt Chad Lusher; at (334) 416-1782to obtain new diskettes. ALl the above referenced files are also available on the SSGACQBBS dial-up and Internet systems. 3. The RFPand related documentsexplain the DT-V.reqnirementS detail; in direc~ your attention to the following: however, please

a. The Government intends to select three contractors for the Desk-top V programunder two competitive source selections. Twocontracts will be awarded under full and open competition using RFP F01620-94--R-A430. third contract wilt be awarded under an 8(a) A setaside under RFP F01620-95-R-A05 Weintend to makeal/three awards on initial I. submission, without discussions. The anticipated award date, without discussions, for planning purposes only, is 28 Dec95. ffdiscussions are heir, the following events and dates are provided

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for planning purposes and will apply only to those Offerors determined to be within the Competitive Range: EVENT Release of Clarification Requests(CRs)/Deficiency Reports(DRs) Dat_~e 13 Dec 95 29 Dec 95 25 Mar 96 01 Apt 96

Receipt of CRs/DRsResponses Release of Request for Best & Final Offers (BAFOs) Receipt of BAfOs

To ensure proposal eligibility, your offer should include your most favorable terms possible on initial submission. Successful responses demandthe Offeror read the RFP, identify and comply with mandatoryrequirements in all sections of the RFP, follow the proposal submission instructions and finalize proposal(s) in sufficient time to facilitate an intense quality control review and to makeadjustments prior to submission. b. Listed below are examples of errors and inconsistendes in proposals which resulted in CRs/DRs being issued during the evaluation process on Desktop IV. As it is our ~ intent to awardDT-V based on initial offers without discussions, vendors are advised to ensure their initial proposal(s) are free of these types of errors and inconsistencies.

(1) Incomplete B-Table submissions.
Omissionof prices for individual CLINs/SLI~N's. 0) Omissionof an electronic B-Table. (4) Misused cost model, thereby making proposal submission aon-conforming. Submissionof unreadable, locked, password protected and/or virus infected diskettes. use of abbreviations as defined in the. RFP. Offerors did not provide higher assemblies for items that were not separately priced (NSP). prices of next (7) Offerors added penalties inappropriately for Buy AmericanAct (BAA)/Trade Ageements Act (TAA) pricing. (8) Pages in excess of the mandatorypage limitation. (9) Conflicting information amongmatrices, narrative, and executive summary/cover letter. Completeness accuracy, especially in mathematicalcalculations, is critical to a successful and proposal. Failure to provide a mandatoryrequirement or intentionally taking exception to mandatoryterms and conditions in an attempt to force discussions is a risk. Offerors whorely upon the Government identify inconsistencies and deficiencies in their proposals je.opardize to their eligibility. MinorClarification Requests(MCRs), whichwill not affect the proposal rating, as defined in AFF~,-~RS para. AA-307.a.(2), maybe issued by the C-ovet-amentfor the purpose eliminating minor;irregularities, informalities or apparent clerical mistakes. !

(6) Incorrect

/

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for planning purposes and will apply only to those Offerors determined to be within the Competitive Range: EVENT Release of Clarification Requests(CRs)/Deficiency Reports(DRs) Date 13 Dec 95 29 Dec 95 25 Mar 96 01 Apt96

Receipt of CRs/DRsResponses Release of Request for Best & Final Offers (BAFOs) Receipt of BAFOs

To ensure proposal eligibility, your offer should include your most favorable terms possible on initial submission. Successful responses demandthe Offeror read the RFP, identify and comply with mandatoryrequirements in all sections of the RFP, follow the proposal submission instructions and finalize proposal(s) in sufficient time to facilitate an intense quality control review and to makeadjustments prior to submission. b. Listed beloware exarnples of errors and inconsistencies in proposals whichresulted in CRs/DRs being issued during the evaluation process on Desktop IV. As it is our firm intent to award DT-V based on initial off.ers without discussions, vendors are advised to ensure their initial proposal(s) are flee of these types of errors and inconsistencies. Incomplete B-Table submissions. Omission prices for individual CL~N's/SLITXrs. of Omissionof an electronic B-Table. NiJsused cost model, thereby making proposal submission non-conforming. (5) Submissionof unreadable, locked, password protected and/or virus infected (1) (2) (3) (4) diskettes.

(6) Incorrect use of abbreviations as defined in the.RFP~Off'erors did not provide prices of next higher assemblies for items that were not separately priced (7) Offerors added penalties inappropriately for Buy AmericanAct (BAA)/Trade Agreements Act (TAA)pricing. (8) Pages in excess of the mandatorypag~ limitation. (9) Conflicting information amongmatrices, narrative, and executive summary/cover letter.
Completeness accuracy, especially in mathematicalcalculations, is critical to a successful and proposal. Failure to provide a mandatoryi-equirement or intentionally taldng exception to mandatoryterms and conditions in an attempt to force discussions is a risk. Off'erors whoreiy upon the Government identify inconsistencies and deficiencies in their proposals jeopardize to their eligibility. MinorClarification Requests(MCRs), whichwill not affect the propbsal rating, as defined in AFFARS para. AA-307.a.(2), maybe issued by the Goverrmaentfor the purpose eliminating minor;trregularities, informalities or apparentclerical mistakes.

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c. Section Mof the KFPdetails the evaluation factors for awardand their relative order of importance. d. DT-V a firm-fixed-price (FKP), indefinite delivery/indefinite quantity (K3/IQ) is acquisition with a period of performanceof up to five (5) years: one base year, a one-year option (Option l), and one additional option year (Option 2) to be exercised only with higher headquarters approval for purchase of all CLiNs/SLINs, two additional one-year and Sustainment Options (Options 3 and 4) for user-installable components(upgrade SLINsonly (See B-Tables)). In the event higher headquarters approval is not obtained to exercise Option for the purchase of all CLINs/SLINs, Government still exercise Sustainment Options 3 the may and 4 for upgrade SLINsonly. e. Proposal(s) shall be submitted in electronic format on virus-free 3.5 inch 1A4MB high density diskettes, except for the original signed Standard Form33, the signed Certificate of ProcurementIntegrity, Data Entry Summaries, ISO 9000 certifications (if applicable), Subcontracting Plan, and the PEM Price Summary,which are required in hard copy. Complete instructions are provided in Sec.,YParaL.22 of the RFP.FilMn-the-blankmatrices shall be used for proposal submission. Offerors are required to provide matrices (Exhibits L-3 and L-4) which certify compliance with mandatory requirements and standards. Sec/Paras L.22 and L.23 provide proposal preparation and submission requirements. f'. All proposal volumesare due no later than 3:00 p.m. (CDT)on 6 Sep 95. Proposals shall be delivered to the location specified in Sec/Para L. 19 of the RFP. Responsesto this R.FPare subject to DFARS 252.211-7018, Late Submissions, Modifications, and Withdrawals of Offers-Commercial Items. g. The use of exampleinformation in cells or boxes throughout Exhibits L-1 and L-2 referenced in Volume Section 1 and Volume Section 1, indicates to Offernrs the [, E, Government'sdesired physical and/or performance characteristics for which the Offeror's proposal will receive additional credit. I.f the Offeror's proposal exceedsthese desired characteristics, then further credit maybe given. h. A maximum two proposals will be accepted from each Offeror in response to this of solidtation. Each proposal must be complete and stand-alone from any other submit-ted proposal and include all necessary proposal submissionsrequired by this solicitation without reference to any other proposal. Alternate proposals are defined as offering solutions other than specifically requested in the solicitation and will not be accepted. If an Offeror submits morethan two proposals, all proposals will be returned by the Government because the Government will be unable to determine which two proposals the Offeror would have wanted to be evaluated. i. For informational purposes, the term "shalF' is used in association with mandatory requirements. The term "should" is used for those requirements that are desirable to the Government.The Government judiciously used the "shall" statements and is postured to has assign a deficiency report (DR) if mandatoryrequirements are not met. The Government will issue DtLsif discussions are necessary and the Off'eror's proposal is in the Competitive.Range. j. This acquisition is subject to the Buy AmericanAct (BAA)and Trade AgreementsAct (TAA)(see FARPart 25 as supplemented). A waiver has been obtained to the TAA

332

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appfication of" the BAA evalu,~tior~ factor for U.S. madeend products (See Sec/Para 1-7). CLENs/SLFNs ~ to[~ extended value of ~ 182,000 o[ mole will be evaluated under the with ~182,000 or less, under the B~. Underst~din~ ~he B~T~ and sele~on ofcompli~n~ components cddca~~o a success~proposal. is k. Offerors are required to submit the following equipment in conformancewith Ener_wf Star requirements in all contractor provided environments while retaining all functionality (e.g., _ ~/~-,~ network interoperability): CLINs0001 and 0002 base system units and all monitors, all CLEq's 0003 and 0004 monitors, and CLIN 0005 printers. Offerors are required to certify" {see Sec/'Para K. 19) EnergyStar (E-Star) compliancefor the referenced systems. L Factory Installed Components (TICs) are to be priced as a delta price to the base system assuming replacement of original componentt'or performance enhancements. User tnstallable Components (UICs) are to be priced in addition to the base system (see Sec/Para L.23.4.5 for moredetailed definition). m. Software is to be priced on a "sinOe user license" basis with or without media and documentation(see Sec/Para L.23.4,5). In addition, the licensing concept for both applications software and NOS system software has been updated. Please refer to Section C and Sec/Para 1.7, Attachment 7. n. A Pre-Proposal Conference will be held in approximately ten days. Completedetails including date, time and location will be published on the HQSSGACQBBS within the ne~ few days. Please continue to monitorthe bulletin board daily if you are interested in attending this conference. o. A waiver of the Nonmanufacturer rule for all requirements, other than the systems SLINS (CLIINS 0001-0004), been has establishedtheU.S. by Small Business Administration (SBA). This waiver allows an otherwise qualified regular small business dealer to supply other than the product of a domestic small business manufacturer or processor, for items specified, on this intended SBA8(a) Program award. 4. This acquisition has been selected for implementationof an "Industry Critique of the Government KFP"Survey. The objective of this survey is to establish an industry feedback system to improve the RFPprocess. This survey is not the mechanismto identify RFPproblems that affect your proposal or potential awardof the contract. Problemsof this nature should be formally communicatedto the DT-VContracting Officer (CO), Mrs. Kay Walker. Whether not you decide to propose on the attached RFP, you have the option of completing an anonymous survey. The survey is included on the RYP diskette. Your decision to respond and/or the contents of your response shall in no wayaffect the outcomeof this source selection or ongoing future competitions. Offerors should directly mail survey responses in hard copy to "ESC/PKA,RFP Survey Responses, 3 Kirtland Street, Hanscom AUB 01731-2309." MA Responsesto this survey will not be openedfor at least ten (t0) days following contract award.

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5. Offerors are encouraged to use and monitor the SSGACQBBS dial-up and Internet systems to access DT-V acquisition information. The SSGACQBBS dial-up and Internet systems will be

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used to provide the current program status, any new information available about the program, and applicable documents they are available electronically. As stated in Sec/Para L. 1 I, as Offeror-initiated inquiries maybe submitted via the SSG"ACQBBS, floppy disk, on paper and facsimile (FAX) transmission (334) 416-1775. To access the SSGACQBBS dial-up system, a Hayes-compatible modem to I'4400 bps v.42bis) to call (334) 416-5651/213, 1733/4/5 (up 298617. Internet system "download"instructions are also provided (See Sec/Para L. ! I). addition, rite transfer service is available for all documentsusing ASCII, NTvIODEM, Y-MODEM, SEA.links, KERN[IT, SUPER KERMIT (sliding windows protocols), or ZMODEM-90. fiIe The formats are in MSWord for Windowsv6.0 and MSExcel v5.0c. Upload questions/comments to the SSGACQBBS data files using the same formats. Compiete directions are provided in on-line. If difficulty is encountered, 24-hour assistance is available by calling (334) 416-5771 and stating that the calI pertains to DT-V the SSGACQBBS. on

//signed// KAY P. WALKER Contracting Officer

Attachments: 1. PEM/TEM/MEMUser's Manual (3 Diskettes) & 2. RFP Diskette

334 USAF 7896