Free Exhibit List - District Court of Federal Claims - federal

Case 1:07-cv-00867-TCW

Document 42

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

AMERICAN ORDNANCE LLC, Plaintiff, vs. UNITED STATES, Defendant. Case No. 07-867C Judge Wheeler

PLAINTIFF AMERICAN ORDNANCE LLC'S SECOND AMENDED EXHIBIT LIST Plaintiff, American Ordnance LLC ("AO"), respectfully submits the following amended list of exhibits that it expects to offer into evidence at trial. The list has been modified to note the parties' agreements regarding admissibility and to itemize the demonstrative exhibits that AO has prepared for use at trial.
Exhibit 1. Description Department of Defense Manual for the Performance of Contract Property Administration, dated December, 1991 (DoD 4161.2-M) Request for Proposal ("RFP") ­ Solicitation Offer and Award for DAAE30-96-R-0004, dated October 11, 1995 Memorandum, dated November 2, 1995, re: Army Authority to Issue Letter Contract Stipulated Offered Admitted Comments

2.

X

3.

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Exhibit 4.

Description Proposal, dated November 28, 1995, from Mason & Hanger-Silas Mason Co., Inc. ("MHC") Letter Contract DAAE30-96-C-0013, dated December 12, 1995 (the "Letter Contract") Fax Transmission, dated March 14, 1996, Negotiation Timeline/Action Items E-mail, dated March 22, 1996, from Marilyn Daniel ("Daniel") to Internal AO re: Conference with David M. Banashefski ("Banashefski") and Steven Talmadge ("Talmadge") Letter Contract Amendment P00001, dated April 30, 1996 Fax Transmission, dated May 16, 1996, forwarding Draft Facilitization Scope of Work Letter, dated May 16, 1996, from Banashefski to Mason & Hanger Corporation ("MHC") re: CLIN 0001AA Memorandum, dated May 17, 1996, from Hibler to Banashefski re: MHC Position on ARDEC Offer for Facilitization for the M795 E-mail, dated May 17, 1996, from D. Reed ("Reed") to Internal MHC re: M795 Proposal/Negotiations Memorandum, dated May 25, 1996, from Hibler to Banashefski re: Negotiation Position on Facilitization

Stipulated X

Offered

Admitted

Comments

5.

X

6.

X

7.

X

8. 9.

X

X

10.

X

11.

X

12.

X

13.

X

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Exhibit 14.

Description Fax Transmission, dated May 28, 1996, re: Internal MHC Discussion of draft Facilitization Statement of Work Letter, dated May 29, 1996, from Darl Heffelbower ("Heffelbower") to Banashefski re: Facilitization Counteroffer Letter, dated May 30, 1996, from Valerie E. Colello, ARDEC CO, to Marilyn Daniel of MHC re: Statement Of Work Language Exclusion Memorandum, dated June 3, 1996, from Hibler to Talmadge re: Additional Issues for Discussion Letter, dated June 5, 1996, from Colonel James Unterseher ("Unterseher") re: M795 Contract Negotiations Memorandum, dated June 6, 1996, from Hibler to Internal MHC re: June 6, 1996 Telephone Conference with Banashefski and Talmadge Memorandum June 10, 1996, re: Internal MHC Discussion of Negotiation Status Memorandum, dated June 10, 1996, from Hibler to Talmadge re: Action Items from Telephone Call of June 6, 1996 Fax transmission, dated June 14, 1996, from Mike Devine to Heffelbower re: Omitted Topics in Heffelbower June 12, 1996 Letter

Stipulated

Offered

Admitted

Comments

X

15.

X

16.

X

17.

X

18.

X

19.

X

20.

X

21.

X

22.

X

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Exhibit 23.

Description Letter, dated June 18, 1996, from Heffelbower to Unterseher re: MHC Agreement to Accept Title to Line 3A Equipment Memorandum, dated June 18, 1996, from Hibler to Talmadge re: Action Items for M795 Negotiations Fax Transmission, dated June 20, 1996, from Talmadge to MHC forwarding Government's Revision of CLIN Structure Meeting Summary, dated June 21, 1996, re: "Open Issues" as of June 25, 1996 Notes, dated June 25, 1996, of Reed re: Discussion with Talmadge Notes, dated June 26, 1996, of Reed re: Negotiations Notes, dated June 27, 1996, of Reed re: Negotiations Memorandum, dated June 29, 1996, from Hibler to Internal MHC re: Continuation of M795 Negotiations Memorandum, dated July 9, 1996, from Hibler to Internal MHC re: Record of Telephone Conversation with Banashefski Memorandum, dated July 10, 1996, from Hibler to Internal MHC re: Telephone Conversation with Banashefski

Stipulated

Offered

Admitted

Comments

X

24.

X

25.

X

26.

X

27. 28. 29. 30.

X

31.

X

32.

X

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Exhibit 33.

Description Letter, dated July 17, 1996, from Hibler to Banashefski re: Confirmation of Price Agreement Memorandum, dated August 13, 1996, from Hibler to Talmadge re: Comments on Draft M795 Contract Memorandum, dated August 14, 1996, from Hibler to Internal MHC re: M795 Contract Final Execution Definitized Contract, Modification PZ0001 to Contract No. DAAE3096-C-0013, dated August 15, 1996 (the "M795 Contract") Letter, dated August 19, 1996, from Hibler to Banashefski re: Liquidation of CLIN 0001AA and 0001AB Memorandum, dated August 20, 1996, from Fred Taylor ("Taylor") (ACO) to Banashefski re: MHC Ownership of Line 3A Equipment E-mail, dated September 4, 1996, from ACO Taylor to current ACO Nelson re: Possible Future Request that MHC Return Title to Line 3A Equipment to the Government E-mail, dated September 20, 1996, from Reed to internal AO re: Telephone Conversation with Talmadge Memorandum, dated October 7, 1996, from Banashefski to Taylor re: Receipt of August 20, 1996 Letter

Stipulated X

Offered

Admitted

Comments

34.

X

35.

X

36.

X

37.

X

38.

X

39.

X

40.

41.

X

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Exhibit 42.

Description Letter, dated February 18, 1997, from Banashefski to John Lohmann re: Slippage of Government Furnished Material Delivery Schedule Email, dated February 28, 1997 Internal MHC re: Slippage in Government's Material Delivery and Possible Earlier Payment Letter, dated March 3, 1997, from J.R. Lohmann to Talmadge re: Payment of Facilitization at FAT under CLIN 0001AA instead of CLIN 0001AB Modification P00003 to M795 Contract, dated March 13, 1997 Letter, dated October 21, 1997, from Talmadge to MHC Directing MHC to Submit Invoice for CLIN 0001AA Invoice and form DD250, dated October 24, 1997, for Payment of CLIN 0001AA Memorandum, dated February 13, 1998, re: Facilities Use Sole Source Justification and Approval Trudy Hallgren presentation entitled: Acquisition Strategy for Milan and Iowa Army Ammunition Plants Letter, dated August 12, 1999, from Frank Evans, DCAA, to Mickey Burkett ("Burkett") re: DCAA Review Letter, dated September 14, 1999, from Burkett to DCAA re: DCAA Review

Stipulated

Offered

Admitted

Comments

X

43.

X

44.

X

45. 46.

X

X

47.

X

48.

49.

50.

X

51.

X

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Exhibit 52. 53.

Description Property Audit Report dated November 10, 1999 Letter, dated November 15, 1999, from Frank Evans, DCAA, to Mickey Burkett re: Response to AO re: DCAA Review E-mail, dated July 13, 2000, Internal Government re: Line 3A Equipment that American Ordnance Owns Letter, dated September 6, 2007, from Charles Smith to Kristen Barnard re: Directive to Amend Property Records and Tags Contracting Officer's Final Decision letter, dated September 26, 2007 Letter, dated October 26, 2007, from Charles Smith to Kristen Barnard re: Directive to American Ordnance to Retag Property and to Change Records Printouts of Property Records from AO's Property System Database Excerpts of Property Records from AO Manual Property Logbook Federal Acquisition Regulation ("FAR") Provisions (Jan. 1, 1996) FAR § 2.101 FAR § 16.202-1 FAR § 33.201 FAR § 33.206 FAR § 45.102

Stipulated

Offered

Admitted

Comments

X

54.

55.

X

56. 57.

X

X

58. 59. 60.

X X X X X X -Page 7-

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Exhibit

Description FAR § 45.104 FAR § 45.301 FAR § 45.302-6 FAR § 45.402 FAR § 45.505 FAR § 52.232-16 FAR § 52.245-2 FAR § 52.245-5 FAR § 52.245-7 FAR § 52.245-10 FAR § 52.254-11

Stipulated X X X X X X X X X X X

Offered

Admitted

Comments

61.

Defendant's Response to Plaintiff's First Set of Interrogatories, First Request for Production of Documents, and First Requests for Admissions Talmadge Deposition Transcript Colello Deposition Transcript James Nelson Deposition Transcript Michael Walker Deposition Transcript Banashefski Deposition Transcript Julie Solinski Deposition Transcript Charles Smith Deposition Transcript

X

62. 63. 64. 65. 66. 67. 68.

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Exhibit 69.

Description Trudy Hallgren Deposition Transcript from the Appeal of American Ordnance LLC, Under Contract No. DAAA09-98-G-0011, ASBCA Nos. 54203 & 54504 taken March 15, 2006 and June 13, 2007 James Nelson Deposition Transcript from the Appeal of American Ordnance LLC, Under Contract No. DAAA09-98-G-0011, ASBCA Nos. 54203 & 54504 taken June 14, 2007 Demonstrative Exhibits

Stipulated

Offered

Admitted

Comments

70.

D01 D02 D03 D04 D05 D06 D07 D08 D09 D10 D11 D12 D13 D14

MHC/AO Ownership Timeline Letter Contract Negotiation Timeline Title and Payment Negotiation Timeline MHC/AO Ownership and Performance Timeline CLIN Comparison SOW Comparison Delivery Schedule Comparison Opening PowerPoint Presentation Property Tag Photo Property Tag Photo Property Tag Photo Property Tag Photo Property Tag Photo Property Tag Photo -Page 9-

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Exhibit D15 D16 D17

Description Property Tag Photo Property Tag Photo Joint Deposition Testimony Designation Excerpts Any exhibits necessary for rebuttal Any exhibits necessary for impeachment Any exhibits designated by the government

Stipulated

Offered

Admitted

Comments

DN:32145548.7

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