Free Notice (Other) - District Court of Federal Claims - federal

Case 1:08-cv-00487-SGB

Document 15-13

Filed 07/09/2008

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Todor, John (ClV)
From: Sent: To: Signore, Dan R Mr USAMRAA [[email protected]] Wednesday, June 25, 2008 7:44 AM 'James Phillips' Winchester, Jay B Mr USAMRMC; 'Ward, Fern (IntelliDyne)'; Sayer, Barry Mr USAMRAA

Cc: Subject: RE: Request for meeting (UNCLASSIFIED) Signed By: There are problems with the signature. Click the signature button for details.
Classification: UNCLASSIFIED Caveats: NONE

Mr. Philips, Thank you for your below message. I am sure you understand that the Government does not have privy of contract with Centre Consulting, an approved subcontractor to Intellidyne. As such, my communications will be restricted to the prime contractors. Thank you, Dan Signore Dan~lR S~no~ Contracting Officer / Account Manager U.S. Army Medical Research Acquisition Activity 820 Chandler Street Fort Detrick, MD 21702 Phone:301-619-7423

From: James Phillips [mailto:[email protected]] Sent= Tuesday, June 24, 2008 5:35 PM To= Signore, Dan R Mr USAMRAA Subject; Request for meeting Importance: High Mr. Signore I am the Executive Vice President of Centre Consulting Inc., and one of three shareholders in that company. I am recently in receipt of two separate communications you provided to both IntelliDyne, LLC (IntelliDyne) and Axiom Resource Management (Axiom) alleging a potential or actual organizational conflict of interest (OCI) between Centre and Axiom by virtue of the fact that one of my partners is married to a principal/officer of Axiom. I'm writing you this message to clearly communicate to you the facts as we know them and obtain clarification about how Centre may approach future TMA procurements under your cognizance. As a preliminary matter I would note that Centre is currently performing no work of any kind or nature for the TRICARE Management Activity (TMA) as either a prime

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Case 1:08-cv-00487-SGB

Document 15-13

Filed 07/09/2008

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contractor or subcontractor. We also at this juncture have not entered into a subcontract with IntelliDyne for the future performance of Category 1 training or acquisition support services. We do have a teaming agreement with IntelliDyne that we hope will lead to a subcontract, however, your recent communications are now deterring us from seeking to consummate such a subcontract. Indeed, we are most reluctant to undertake such an arrangement if it would create potential issues for IntelliDyne, a company that we very much respect. I will also note that I am an experienced federal contract attorney, possessing more than twenty years of experience in the field. I make this point simply to establish that I have a very real understanding of the rules regarding federal contracting, including OCI issues. Centre itself focuses extensively on providing professional training services to both government agencies and industry, and one of our more popular course offerings is a course dedicated to OCIs. It is because of that background that we are extremely perplexed by your recent communications. Indeed I must tell you that we, as professionals that focus on the rules and teach the rules, are aware of no regulations or case law that hold that an OCI arises simply because two people that work for different companies in the same industry happen to be married. Given the fact that it is not uncommon for married spouses to work for different entities within our industry, I believe that such a per se rule raises some practical issues. Because we very much desire to avoid entering into a contractual arrangement that may at some later date be alleged to give rise to an OCI, we request the opportunity to meet with you and discuss your concerns. Our goal is not to argue with you but rather to understand the basis for your concerns and to determine if some future mitigation action is warranted. Given that I am an experienced attorney, it may be desirable to include your legal counsel in such a discussion as well. Because your recent communications may be construed as preventing not just one company from bidding and performing TMA work, but potentially as many as three companies, we ~ent attention to this matter. Thank you. PSI have discussed this matter with Ms. Fern Ward, Legal Counsel for IntelliDyne, and she authorized me to contact you directly on this subject. Jim Phillips Executive Vice President
Centre Consulting Inc. 1953 Gallows Road Suite 650 Vienna, VA 22182 Phone: (703) 288-4582 FAX: (703) 288-4868

STATEMENT OF CONFIDENTIALITY The information contained in this electronic message and any attachments hereto are intended for the sole and exclusive use of the addressee(s), and contain confidential and/or privileged attorney/client information. If you are not the intended recipient(s) of this transmission you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this in error, please notify the sender at the contact information indicated above immediately, and destroy all copies of this message and any attachments.

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Case 1:08-cv-00487-SGB

Document 15-13

Filed 07/09/2008

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Classification: UNCLASSIFIED Caveats: NONE

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