Download DEFENDANT`S SUPPLEMENTAL APPENDIX

Case 1:01-cv-00459-GWM
Document 45-2
Filed 10/15/2004
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DEFENDANT’S
SUPPLEMENTAL
APPENDIX
Case 1:01-cv-00459-GWM
Document 45-2
Filed 10/15/2004
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INDEX TO SUPPLEMENTALAPPENDIX
Tab
P~
18
October 15, 2004 Declaration of Jolm Williamson ............................
328
19
July 17, 1995 "Memorandum
For All Potential Des1¢top V Offerors". .............
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Case 1:01-cv-00459-GWM
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IN THE UNITED STATES COURTOF FEDERALCLAIMS
INTERNATIONAL DATA PRODUCTS
CORPORATION,
Plaintiff,
No. 01-459C
(Judge George W. Miller)
V.
THE UNITED STATES,
Defendant.
DECLARATION OF JOHN WILLIAMSON
I, Jotm H. Williamson,declare as follows:
1.
Unlessother~vise stated, I have personal knowledgeof the following facts,
whichI believe to be true to the best of mypresent knowledgeand understanding.
2.
I ama Trial Attorneyin the Civil Division of the United States Departmentof
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 documentswere copied, the second page of
the memorandum
was copied twice, and assiN~ed the Bates numbers USAF7892 and 7893.
I declare underpenalty of perjury that the foregoingis true and correct.
Executed ol~ October ]~-,2004
’~/7%~{’-~/~4--’~’¢’2._
U John H. Wiltiamson
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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-Vprogram. 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)andUser’s Manual. The diskettes contain selfextracting, executable files ~T-VRFP.EXE)
which extract into Microsoft (MS) Word
WindowsVersion 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 ManagementSpecifications 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.In the event you receive a diskette
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.reqnirementSin detail;
direc~ your attention to the following:
however, please
a. The Governmentintends 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.A third contract wilt be awarded under an 8(a)
setaside under RFP F01620-95-R-A05I. Weintend to makeal/three awards on initial
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
Dat_~e
Requests(CRs)/Deficiency Reports(DRs)
13 Dec 95
Receipt of CRs/DRsResponses
29 Dec 95
Release of Request for Best & Final Offers (BAFOs)
25 Mar 96
Receipt of BAfOs
01 Apt 96
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/DRsbeing issued during the evaluation process on Desktop IV. As it is our ~ intent to
awardDT-Vbased 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.
(6) Incorrect
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.
Completenessand accuracy, especially in mathematicalcalculations, is critical to a successful
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
to identify inconsistencies and deficiencies in their proposals je.opardize
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.
!
/
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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
Date
Requests(CRs)/Deficiency Reports(DRs)
13 Dec 95
Receipt of CRs/DRsResponses
29 Dec 95
Release of Request for Best & Final Offers (BAFOs)
25 Mar 96
Receipt of BAFOs
01 Apt96
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/DRsbeing issued during the evaluation process on Desktop IV. As it is our firm intent to
award DT-Vbased 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.
Omissionof prices for individual CL~N’s/SLITXrs.
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.
Completenessand accuracy, especially in mathematicalcalculations, is critical to a successful
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 Governmentto identify inconsistencies and deficiencies in their proposals jeopardize
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-Vis a firm-fixed-price (FKP), indefinite delivery/indefinite quantity (K3/IQ)
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,and two additional one-year
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,the Governmentmaystill exercise Sustainment Options 3
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 PEMPrice 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 VolumeE, Section 1, indicates to Offernrs the
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
of two proposals will be accepted from each Offeror in response to this
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 Governmentbecause the Governmentwill 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 Governmenthas judiciously used the "shall" statements and is postured to
assign a deficiency report (DR) if mandatoryrequirements are not met. The Governmentwill
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
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appfication of" the BAAevalu,~tior~ factor for U.S. madeend products (See Sec/Para 1-7).
CLENs/SLFNs
with ~ to[~ extended value of ~ 182,000 o[ mole will be evaluated under the
~182,000 or less, under the B~. Underst~din~ ~he B~T~ and sele~on ofcompli~n~
components
is cddca~~o a success~proposal.
k. Offerors are required to submit the following equipment in conformancewith Ener_wf
Star requirements in all contractor provided environmentswhile retaining all functionality (e.g.,
_ ~/~-,~
network interoperability): CLINs0001 and 0002 base system units and all monitors, all CLEq’s
0003 and 0004 monitors, and CLIN0005 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 NOSsystem 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 Nonmanufacturerrule for all requirements, other than the systems SLINS
(CLIINS
0001-0004),
hasbeenestablished
by theU.S.SmallBusiness
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
GovernmentKFP"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
anonymoussurvey. The survey is included on the RYPdiskette. 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 AUBMA01731-2309."
Responsesto this survey will not be openedfor at least ten (t0) days following contract award.
-1
5. Offerors are encouraged to use and monitor the SSGACQBBS
dial-up and Internet systems
to access DT-Vacquisition 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 documentsas they are available electronically. As stated in Sec/Para L. 1 I,
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(up to I’4400 bps v.42bis) to call (334) 416-5651/213, 1733/4/5
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, SUPERKERMIT(sliding windows protocols),
or ZMODEM-90.
The fiIe
formats are in MSWord for Windowsv6.0 and MSExcel v5.0c. Upload questions/comments to
the SSGACQBBS
in data files using the same formats. Compiete directions are provided
on-line. If difficulty is encountered, 24-hour assistance is available by calling (334) 416-5771
and stating that the calI pertains to DT-Von the SSGACQBBS.
//signed//
KAY P. WALKER
Contracting Officer
Attachments:
1. PEM/TEM/MEM
& User’s Manual (3 Diskettes)
2. RFP Diskette
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USAF 7896