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

Case 1:07-cv-00073-FMA

Document 24-3

Filed 02/14/2007

Page 1 of 3

Appendix B

Case 1:07-cv-00073-FMA

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Document 24-3 Filed 02/14/2007

Page 2 of 3

ARINC ENGINEERING SERVICES, LIE

1 1
NO. 07-073
(Judge AlIegra)

Plaintiff,

THE UNITED STATES,
Defendant, and

BAE SYSTEMS ANALYTICAL
SOLUTIONS, TNC,,

Defendant-Intervenor

D E C W T l O N OF KIRBY BROWN

I, Kirby Brown, declare and say under penalty of perjury that the following statements are true and correct to the best of my knowledge:
1. I a over 18 years of age dcompetent to make this Declaration in this matter. m
2. I am the Director of the Army Space and M@ik Defense Battle Lab (SMDBL). The SMDBL has divisions in Colorado Springs, CO and Huntsville, AL. I am mpmi.bfe for both. The SMDBL is subordinate unit of the Army Space and Missik Defense CommanUArrny Forces Strategic Command

(SMDUARSTRAT),
3. I have reviewed the document, purportedly h n a BAE web site, attached to ARINC's complaint as Exhibit # 7 including the part of the matrix labdd , '%SE/FOC inkgabon". The entries in this part of the matrix reflect that i 2005 n and m l y 2006, the SMDBL considered a project to integrate the FOC-TOC and

SSET. Work on this project by contraam would have been pdormed under the
Scientific Engineering Technical Assistance Contract (SETAC) contract (Task Order 105 resulting from Task Opder Requirements Packagm 58 & 61) issued and administered in Huntsville, AL. I reviewed this pmjed~ baed on discussions with my Government technical experts and program managers mund March 2006. 1 decided not to pursue FOC-TOC and SSET (also know as SSE) integration and I dirded that all planning for this effort be stopped immediately. 1 directed that no funding be provided under any Task Order to fund this work and in my position I am aware that no work was done by BAE or any other mtractur to integrate the; FOC-TOC and SSE'l". There w m two primary raasons for my decision. First, I

decided that the integration would be an expensive and q I i a t e c I project and Case 1:07-cv-00073-FMA Document 24-3 Filed 02/14/2007 Page 3 of 3 h i t the SMDBL wuld not afford to pursue it at that h e . S w n d , in consultation with M .Cam1 A l M , the Contracting Officer for the COSMIC compdition, E s decided that this work w d d serve as an m e e t Task Order (SMOTE) for the cUn
COSMIC ampetition,

I d d m , under penalty of M r ,sat the information given above is true and uy correct,to the best of my knowledge. I