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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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MASAI TECHNOLOGIES Plaintif,
v.
CORP.
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THE UNITED STATES Defendant.
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CoFC No. 07-714 BID PROTEST (Judge George Miller)
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PI~AINTIFF'S RESPONSE TO THE DEFENDANT'S MOTION TO SUPPLEMENT THE RECORD COMES NOW the Masai Technologies Corp. ("MTC"), by and through undersigned counsel, and hereby files Response to Defendant's Motion to Supplement the Record.
On November 5, 2007, the Government moved to supplement the record in this matter with a declaration from COL Christopher Harrington, identified as the Deputy Program Manager, While the Government presents COL
Defense Medical Logistics Standard Support ("DMLSS"). Harrington's declaration for two subcontractors
proposition that the awardee Denysys Corp. ("Denysys") and its ("BP") CompQSoft (the "Subcontractors") had no
BearingPoint
competitive advantage in
procurement,
the present declaration either fails to support the validity of MTC's claims. Additionally, the Court cases that such post-decisional testimony wilI by the parties and the weight or value of such
Government's position or it demonstrates has made it clear in this matter and be considered by Comi as other
information will be measured by inclusion of COL Harrington's
Court.
For these reasons MTC does not object to the
declaration in the record here; however, M'rc does provide the
following analysis of the declaration.
Case 1:07-cv-00714-GWM
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A. Introduction As the Court is aware this procurement involves a contract for support of the Theater Enterprise Wide Logistics System ("TEWLS") is a medical logistics solution or
application that is currently being managed by the Department of the Army. As described by the declaration of David Ray, TEWLS is transitioning to the control of COL IIarrington's (DMLSS) a Department of ("DoD") office
A portion of the work under the
current solicitation and award to Denysys is to maintain/sustain all TEWLS users, whether Joint Forces (DoD) or Therefore CO L Harrington's affidavit is an admission of the access and
inf1uence that BP had over any other offeror including MTC. This is due to the fact BP defined the requirements documentation for support and knowledge transfer, and had full access to the level of
required to support.
Based on this access BP had intimate knowledge and Furthermore, Denysys's
inf1uence into the TEWLS Sustainment system and end-user problems.
proposal writers knew what to include, what NOT to include, and what to focus upon within their proposal to receive "excellent" aU categories. Conversely, the other offerors including M're Subcontractors took part in engineering and
had such access or knowledge because only influencing the direction of TEWLS
present and the future.
B. Specific Issues in COlA Harrin2ton's eOL Harrington's
Declaration
declaration provides several points which directly support MI'C's and Denysys had an unfair competitive advantage here due to of TEWLS and inside knowledge of the system
position that the subcontractors
BP's ability to manage the development (references are to the paragraphs
@
COL Harrington's declaration):
Paragraph 5.a. COL Harrington BP defined to or for the government "staffing levels" for sustaining or supporting TEWLS operation.
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·· Paragraph 5.b. COL adlmilts BP has analyzed and is currently analyzing the TEWLS current system problems and creating "functional" specifications. Fun
as weB as unfair access to Specifically, TEWLS sustainment
documented objectives: (1) TEWLS documentation
sustaimnent & technical sustainment; (2) TEWLS By permitting BP to
support; and (3) TEWLS knowledge transfer suppOli. TEWLS
"define knowledge transfer strategies" for current and/or near
the disguise of the JMLFDC contract Government accepting those strategies, disadvantage. Essentially, BP was
TEWLS users
MTC and other offerors were placed at a monumental writing the specifications from those specifications. Sustainment system and WHEREFORE TEWLS
then they were allowed to bid on the work arising and influence into the TEWLS
BP had intimate knowledge problems.
Plaintiff respectfully repeats
request that the Court issue an order
immediately enjoining the Government Denysys or in the alternative performance of a contract to provide the W81XWH-06-T-02857 for these services. or
continuing performance of the contract awarded to Army from employing the funds obligated to the required under Request for Quotations No.
contract awarded to Denysys or any entity other than the Plaintiff
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RespectfuUy submitted,
Date:
By: LLC Center St. Suite 307 Manassas, VA 20110 (703) 368-8770 fax (703) 368-8772 Counsel for Plaintiff MASAI Technologies
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CERTIFICATE OF SERVICE I hereby certify on i of November 2007, a copy of the foregoing Response to Defendant's Motion to Supplement the Record was served by electronic mail on Counsel for the United States Courtney Sheehan, Esq., States Department of Justice, Commercial Litigation Branch, 1100 L N.W., Washington,
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