Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 1 of 47

6

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 2 of 47

~er,..Georgia L ACQ
Fr," ..... ,," ¯ ~ Gc. Subject;

.

Gilliarn Carpenter [gcarp~nter@sdch~v.corn] Friday, March 02 2001 8:59 AM Walker, Georgia L ACQ [email protected] RE: HAWK Circuit Card Assemblies

Ms. Walker, SDC'appreciates your response to our inquiry, regarding "Alternate" parts. Perhaps our terminology is ~ncorrect. I have been informed by our supplier that the parts identified were in faot obsole~e/unprocureable. The SDC supplier is fanalizing a listing of part's that are no longer available/procureab~e. We will forward that listing to'yOu ~ext week. Thank you for your assistance.
Carpenter

~ > > > > >
> >

O~iginal Message ..... From: Walker, .Georgia L ACQ [mailto:[email protected]] Sent': Wednesday, February 21, 2001 5122 PM To: 'Gilllam Carpenter" Cc: ~alker, Georgia L ACQ; '[email protected]' Subject: RE: HAWK Circuit Card Assemblies Importance: High

> Mr. Carpenter"
>

Reference is made to your letter of 17 July 2000 requesting the use of alternate parts, I reply was sent to you on 30 January 2000 staten that our Technical ~roup did not agree with the use of the alternate parts that you ~bmitted in sour letter. I also asked that you provide us widh the llst of >'obsolete parts.. > We still have not received that list. Are there any parts that > are obsolete. Please provide > If so, you will need to provide that list to use. > as soon'as > posslbl~.
>

> > > >

>' Thanks, > Georgia
>

> > > > >
>

Original Message ..... "' From: G~lllam Carpenter.[mailto:[email protected]] Sent: Monday, January 29, 2001 10:42 AM To: [email protected] Cc: [email protected] Subject: HAWK Circuit Card Assemblies

> > > > > > > > >

Dear Ms. Walker, Our oonverSatlon of 24 J~uary 2001 was very informative and ~erta appreciated. SDC now understands that you will modify Contract DAAH01-00-C-0077 after delivery of the disltal data. We als~ u~derstand that modifications made after delivery of the digital data will be negqtiated for Consideration. SDCunderstands this process. However, during our conversation, we di~ no~ address the status of our request to use . Alternate ~ Parts. .. Additionally, we'have not received i_ egible Stable Base drawins f~ Contract DAA}I01-00-P-0741. As indiceS.hour letter o~ September 2000,

416

SDC 1667

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 3 of 47

5

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 4 of 47

13 March 2001

U,8. Army Aviation and Missile Command AMSAM-AG-ML-SA Ms. Georg~a Walker Redstone Ar~en~, AL 35898.5280 Subjedc. Replacement Paris for Circuit Card Assembiles, Co~n~ract DAAH01.0.0.C-0077, Reference." Fa~imile, SDO, dated ~. March 2001 Dear Ms, Walker: Systems Dev.elopment Corporation has completed a review o ]the paris required by contraot DAAH01-00-C-0077. We have identified the obsolete parts ~nd the replacement paris as indicated on the attached sheet. All Replacement Parts meet or exceed ~peciticalion requlremet ~s. SDC is preparecJ to'initiate the First Article 15uild process'upon receipt of your ~pproval andl, ~r comments. !" :

Virginia P.. Gilcl:~rist ¯ OEO

417

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 5 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 6 of 47

Sent: To: Subject:

Gifliam Carpenter [[email protected]] Thursday, March 2..2, 2001 8:19 AM georg[[email protected] [email protected] . Contract DAAH01-00-C-0077, PN I3038120-021

Dear Ms. Walker, The PN 13038120-021 is listed on the drawing as superseded by .5962-8768201RX and should have been repozted in ou~ letter of Z3 March 2001.We also need the dlsital (PROM)data in order to comple£e manufacturing process. Thank you for your assistance. G!l

418

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 7 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 8 of 47

Giilia,~ Carpe~te.r .......................................................................................................................................................................................... ;
F,r To: Subject: Gi!liam Carpenter [[email protected]] Friday, June 01, 2001 11:48 AM [email protected] Contract DAAH01-01-D-0013, Status of Gerber Data

Mr. Balnbridge, I appreciate your response to my inquiry via phone this morning. However, according to the board supplier, in order to ensure compliant products ~r~ providedgit is imperative that we receive GERBER data. Anything you can do to expedite this process will. be " appreciated.

419

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 9 of 47

6

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 10 of 47

~

~ SDC, Incorporated

9 July 2001 Commander U.S. Army Aviation and Missile Command AMSAM-AC-ML-SA!Georgia Walker Redstone Arsenal, AL 35898 Subject: Contract DAAH01-00-C-0077, Delivery of Circuit Card Assemblies Dear Ms. Walker, SDC was awarded Contract DAAH01-00-C-0077 on 9 May 2000. However, because of the Government delay in providing digital data for the PROM units, we have not been able to deliver a finished product as required by our contract. In view of the inordinate amount of time that has elapsed, we propose the following: SDC would provide to you the PROM units that require programming and you would get them to the appropriate personnel at Raytheon. Raytheon would perform the programming and return the programmed PROM units to you for distribution to SDC. Expenses associated with use of data, packaging, programming, and transportation to and from Raytheon would be borne by the Government. Permit SDC to deliver to the Government Circuit Card Assemblies that are complete ¯ except for the programmed PROM units. The Government would be responsible for acquiring digital data and completing Circuit Card Assemblies. c. SDC would provide all parts that have been purchased to the Government and be paid for the parts. If you would like to discuss these options further, please contact the undersigned or Gilliam Carpenter @ (256) 382-4600.
Sincerely,

Isl Virginia P. Gilchrist President

215 Wynn Drive Suite 318 Huntsville, Alabama 35806 Phone; 256.382.4600 Fax: 256.382.4601 htlp://www.sd, chsv.com

420

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 11 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 12 of 47

Gilliam Carpenter
Prom: rot:
I O: ¯

Subject:

Hnel:ynka, Marry [[email protected]] Friday, July 13, 2001 4:32 PM '[email protected]'; '[email protected]'; Runkle, Marry; Hickman, Bob; Selgler, Ed; Cagle, Richard; Russell, Ed McKee, Pamela; Tyree, Gregg; Lenox, Martha; Chaff'ee, Harry; Holcomb, Sandy; Parker, Kay Hawk ! and 11 PWBA Meeting between SDC and TBE on 13 July 2001

I. Time and Place of Meeting: On Friday (7/13/2001) morning, at 9:00 in the TBE Executive Conference Room, TBE Management (M. Runkle, E. Seigler, R. Cagle, E. Russell, R. Hickman and M. Hnetynka) met with SDC Management (V. Gilchrist and G. Carpenter) to review specific issues that were preventing successful completion of work by SDC and TBE on the Hawk I and Hawk II board-build proggams.
2. Background and Discussion:

a. It was agreed by al! SDC and TBE attendees that the following product build information is missing and that this information is required to complete the SDC contract and to deliver acceptable, tested Hawk I and II boards to the government: (I) Gerber files for raw PWBs (Hawk If). (2). Physica! programmable parts (PP) and/or PP code file contents (Hawk I). (3) ICT and/or manual test fixtures for raw PW boards (Hawk I and
II) ¯

(4} ATP and fixtures, with Test Equipment List, for test and acceptance of completed PWB Assemblies (Hawk I and II). b. Since these are critical pieces of government-supplied information that are not available for completion of First Article Build and Test and completion of Production Builds for both contracts, the risks to contract completion are great and are potentially very expensive for TBE and SDC. Accordingly, TBE and SDC agreed to cease ordering parts for all Hawk II materials, while SDC approaches the government in writing regarding termination for impossibility of performance. TBE has already completed purchasing of all parts for Hawk I and has invoiced SDC for the f~ll ~aterials price. SDC agreed to approach the gov4rnment to obtain payment for th~ Hawk I parts already purchased, which would in-turn be paid to TBE

sDc.

3. Specific agreed-to Action Items: a; SDC/V. Gilchrist will send letter to government Contract Officer, 7/16/01, saying: - SDC finds lack of data makes contract completion "impossible" for Hawk I & If. - SDC suggests that government terminate Hawk I & II contracts ~or convenience". - SDC asks government to pay SDC for all parts for Hawk I & iI contracts. b. TBE/E. Russell to review & comment on SDC's draft letter to

421

Case 1:06-cv-00232-LMB
Contract officer, 7/16.

Document 41-17

Filed 10/29/2007

Page 13 of 47

c. TBE/M. Hnetynka wil! cancel Hawk II parts procurement by 7/16/01. d. TBE/G. Tyree and TBE/M. Lenox to minimize Ha.wk II parts purchase ~rmination costs. e. TBE/R. Cagle to set. Up collection account for Hawk II material termination costs. f. TBE/S. Holcomb provide termination cost roll-up to SDC via Contracts/E. Russell. 4. This memo summarizes the conduct and outcome of the subject meeting to the best of my recollection and notes. If you have any comments or additions regarding this Hawk I and !I PWBA meeting, please send them to me via E-mail by COB Monday 7/16/01. Thanks.
Best regards,

Isl
Martin J. Hnetynka ~rogram Manager Teledyne Brown Engineering

2

422

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 14 of 47

70

Case 1:06-cv-00232-LMB
SDC, Itlcorporaled

Document 41-17

Filed 10/29/2007

Page 15 of 47

30 July 2001

Commander U.S. Army Aviation and Missile Command AMSAM-AC-ML-SA/Georgia Walker Redstone Arsenal, AL 35898 Subject: Contra~ts DAAH01-00-C-0077 and DAAH01-00-P-0741 Dear Ms. Walker,
SDC was awarded Contract DAAH0"I-00-C-0077 o.n 9 May 2000 and Contract DAAH01-00-P-0741 on 14 September 2000. However, because of the Government delay in providing requested data, we have bee.n unable to deliver a finished product as required by our contracts. Specifically, the following items are essential in order for us to comply with the terms of the contracts: Contract DAAH01-O0-C-0077 1. Data Files for Programmable Parts (e.g. PROMs, PALs, etc.) Received a printed copy on 19 July 2001. Data is difficult 1o read (indistinct, strike-overs, blurred, etc.) and will cause numerous errors during input. 2. in ,Circuit Test (ICT) or Manual Test Fixtures for testing of raw PW Boards 3. Acceptance Test Plan/Procedures (ATP) and ATP Fixtures, with test equipment list, for Test and Acceptance of PWB Assemblies
bo

Contract DAAH01-00-P-0741 !. Data Files for Programmable Parts (e.g. PROMs, PALs, etc.) 2. In Circuit Test (ICT) or Manual Test Fixtures for testing of raw PW Boards 3. Acceptance Test Plan/Procedures (ATP) and ATP Fixtures, with test equipment list, for Test and Acceptance of PWB Assemblies

In view of the inordinate amount of time that has elapsed and the impossibility of performance, SDC makes the following recommendations:
ao

Authorize SDC to acquire the necessary data and/or equipment through supplemental purchaslng arrangements or, when necessary, reverse engineering. Additional funding must be provided to cover the cost ol~ programming the PROMs from the printed copy. The Government would fund the additional costs associated with this option.
Or

Cancel Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 for convenience. SDC will turn over all purchased pads to the Government. SDC will provide a Final Invoice for purchase~l parts plus an Administrative/Handling Fee. The Government would reirnburse SDC for the purchase~l pads plus an Administrative/Handling Fee.
215 Wynn Drive Suite 318 Hunlsvllle, Alabama 35806 Phone: 256.382.4600 Fax: 256.382.4601 hl[p://www.sdchsv.com

Case 1:06-cv-00232-LMB SDC, Incorl~orated

Document 41-17

Filed 10/29/2007

Page 16 of 47

If you would like to discuss this matter furtl~er, please contact the undersigned or Gilliam Carpenter @ (256) 382-4600,

Sincerely,

Virginia P. Gilchrist President

215 Wynn Drive " Sulte 318 Huntsville, Alabama 35806 Phone: 256.382.4600 Fax: 256.382.4601 htlp://wwvv.sdchsv.com

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 17 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 18 of 47

:rOlTl: Sent: To: Subject:

Gilliam Carpenter [gcarpen[[email protected]] Wednesday, August 01, 2001 1:30 PM [email protected] [email protected] Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

HAWK-0077&0741, doc MS. Walker, this is a follow-up to the letter which was faxed to you on 30 July 2001. The original of the letter is being forwarded by mail.

I

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 19 of 47

2

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 20 of 47

I-ID

,~illi~m C~rpen~er ................................... . . . .........................................
tom: Sen~: To: Subject: GIIIlam Carpenter.[[email protected]] Monday, August 06, 2001 7:52 AM [email protected] [email protected] Conlracf, s DAAH01-00-C-0077 and DAAH01-00-P-0741

Dear Ms. Walker, This is a follow-up to the letter faxed to you on 30 July 2001. Please provide any status you h.ave on the recommendations we made. You may contact Ms. Virginia Gilchrist at (256)382-4600 or you may contact me ~t (256)382-4620. Thank you for your assistance.

428

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 21 of 47

3

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 22 of 47

,Gilliam,,c.arP,ente~
~ent: To: Cc: Subject:

Walker, Georgia L ACQ [[email protected]] Tuesday, August 07, 2001 8:49 AM 'gcarpen[[email protected]' Walker, Georgia L ACQ RE: Contracts DAAH01--00-C-0077 and DAAH01-00-P-0741 High

Importance:
Mr. Carpenter

I have been reasigned to a new team that contract have been turned over to Mrs. Patti Page office for further contract administration her number is 876-2897. If you would call her she will" be able to assist you. Her email address is Patti. Page@reds tone ¯ army. ml i. Thank you Georgia Walker
..... Original MeSsage ..... From: Gilllam Carpenter [mailto:[email protected]] Sent: Monday, August 06, 2001 7:52 AM To: [email protected] Co: [email protected] Subject: Contracts DAAH01-00-C-0077 and DAAH01-00-PI0741 Dear Ms. Walker, This is a follow-up to the letter faxed to you on 30 July 2001. Please wrovide any status you have on the recommendations we made. You may contact Ms. Virginia Gilchrist at (256)382-4600 or you may contact me at (256)~382-4620. Thank you for your assistance.

!

429

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 23 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 24 of 47

¯ .,Giiliam Ga,rpenter
Fronl: Sent: To: Cc: Subject: Gilliam Carpenf~er [[email protected]] Wednesday, August 08, 2001 3:14 PM patti.page@redsf~one.army.mil [email protected]; [email protected] Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

HAWK-0077&074L doc MS. Page, SDC submitted the attached letter on 30 July 2001. However~ we were informed by Ms. Walker on 7 August 2001 that you are now the Government Contract Specialist for these contracts. Please review our submittal and provide your response as soon as possible. We are continuing to incurr costs a'ssociated with the purchase, proccessing, handling and storage of these parts. Please ~xpedite the resolution of the stated issues. You may contact Ms. Virginia P. Gilchrist at (256)382-4600 or Gil~Liam C~rpenter at (256)'382-4620.

!

430

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 25 of 47

~

,~, SDC, It~corpotated

3O July 2001

Commander U.S. Army Aviation and Missile Command AMSAM-AC-ML-SNGeorgia Walker Redstone Arsenal, AL 35898 Subject: Contracts DAAi401-00-C-0077 and DAAI401-00-P-0741 Dear Ms..Walker, SDC was awarded Contract DAAH01-00-C-0077 on 9 May 2000 and Contract DAAH01-00-P-0741 on t4 September 2000. However, because of the Government dela); in providing requested data, we have been unable to deliver a finished product as required by our contracts. Specifically, the following items are essential in order for us to comply with the terms of tl'ie contracts:
ao

Contract DAAH01-00-C-0077 1. Data Files for Programmable Parts (e.g. PROMs, PALs, etc.) Received a printed copy on 19 July 2001. Data is difficult to read (indistinct, strike-overs, blurred, etc.) and will cause numerous errors during input. 2. In CircuitTest (ICT) or Manual Test Fixtures for testing of raw PW Boards 3. Acceptance Test Plan/Procedures (ATP) and ATP Fixtures, with test equipment list, for Test and Acceptance of PWB Assemblies Contract DAAH01-00-P-0741 1. Data Files for Programmable Parts (e.g. PROMs, PALs, etc.) 2. In Circuit Test (ICT) or Manual Test Fixtures for testing of raw PW Boards 3. Acceptance Test Plan/Procedures (ATP) and ATP Fixtures, with test equipment list, for Test and Acceptance of PWB Assemblies

Do

In view of the inordinate amount of time that has elapsed and the impossibility of performance, SDC makes the following recommendations: Authorize SDC to acquire the necessary data and/or equipment through supplemental purchasing arrangements or, when necessary, reverse engineering. Additional funding must be provided to cover the cost of programming the PROMs from the printed copy. The Government would fund the additional costs associated with this option.
Or
bo

Cancel Contracts DAAH01-00-C-0077 and DAAH01-00-P:0741 for convenience. SDC will turn over all purchased parts to the Government. SDC will provide a Final Invoice for purchased parts plus an Administrative JHandling Fee. The Government would reimburse SDC for the put.chased parts plus an Administrative/~-landling Fee.

215 Wynn Drive Suite 318 Hunlsville, Alabama 35806 Phone: 256.382.4600 Fax: 256.382.4601 http://www.sdchsv.com

431

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 26 of 47

~i'~~ S_DC, Incorporated If you would like to discuss this matter further, please contact the undersigned or'Gilliam Carpenter. @ (256) 382-4600.

Sincerely,

Virginia P. Gilchrist President

215 Wynn Drive Suite 318 Huntsville, Alabama 35806 Phone: 256.382.4600 Fax: 256.382.4601 http://www.sdchsv.com

432

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 27 of 47

5

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 28 of 47

~Vir~inia P., Gilchr!s_~t
S~t," To: Subject: Gilliarn Carpenter [[email protected]] Wednesday,October 10, 2001 9:33 AM [email protected] FW: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

..... original Message ..... From: Page, Patti W ACQ [mailto:[email protected]] Sent: Wednesday, October I0, 2001 9:00 A~4 To : ,gcarpenter@sdcl~sv.com' Cc: smith, F!oyd B LTC ACQ; Hill, Jerry W ACQ Subject: RE: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Ms. Carolyn Gay is the contract .specialist assigrled tb these packages. She has been attempting to research and resolve the issues for you, .to include obtaining data not normally required or supplied with the technical data package. It was my understanding that she has held conversations with you to let you know that she was working the issues; however, I have asked Ms. Gay to provide you a current status update. Please let me know if you do not hear from Ms. Gay. today. Patti W'. Page chief, Avenger/Hawk Acquisition Branch Air Defense Division Logistics Support Directorate lulsition Center ..... Original Message ..... From: Gilliam Carpenter [mailto:[email protected]] Sent: Wednesday, October I0, 2001 8:32 ~J4 To: [email protected] Cc: [email protected]; [email protected] Subject: FW: Contracts DA!H.[01-00-C-0077 and DAAB01-00-P-0741 MS. Page, this is a follow-up to the previously submitted documentation (attached). Please provide the current status of our request.
..... Original Message ..... From: Gilliam Carpenter [mailto:[email protected]] Sent: Wednesday, AUgust 0S, 2001 3:14 PM To: [email protected] Co: [email protected]; [email protected] subject: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

MS. Page, SDC submitted the attached letter on 30 July 2001. However, we ~ere i~formed by Ms. Walker on 7 August 2001 that you are now the Government Contract Specialist~for these contracts. Please review our submittal and provide your response as soon as possible. We are continuing t6~incurr co~ts associated with the purchase, proccessing, handling and storage of these parts. Please expedite the resolution of the stated issues. You may contact Ms. Virginia P. Gilchrist % (256) 382-4600 or Gilliam Carpenter at (256)382-4620.

z433

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 29 of 47

6

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 30 of 47

Gilliam Car enter
From: Sent: To: Subject:

...
Gilliam Carpenter [[email protected]] Wednesday, October 10, 2001 10:10 AM [email protected] FW: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

HAWK-OO77&0741. SDC00P074 tC0077 doc

..... Original Message ..... From: Gay, Carolyn K ACQ [mailto:[email protected]] Sent: Wednesday, October 10, 2001 9:57 AM To: 'gcarpenter@sdchsv. com' Cc: Page, Patti W ACQ Subject: FW: Contracts DAAH01-00-C-0077 and DAAIIOI-O0-P-0741 Mr. Carpenter
SEE ATTACHED MEMO .....Original Message ..... From: Page, Patti W ACQ Sent: Wednesday, October I0, 2001 8:47 AM To: Gay, Carolyn K ACQ Subject: FW: Contracts DAAH01-00-C-O077 and DAAHOI~00-P-0741

Carolyn, Please respond to G. Carpenter and provide status on your action.
Copy furnish me. ~ A copy of this went to Mr. Epps, so I'm sure we will be hearing from the Colonel on this.

Patti ..... Origina! Message ..... From: Gilliam Carpenter [mailto:[email protected]] Sent: Wednesday, October 10, 2001 8:32 AM To: [email protected] Cc: [email protected]; [email protected] Subject: FW: Contracts DAAH01-00-C-O0"/7 and DAA|IOI-00-P-0741
Ms. Page, th~s is a follow-up to the previously submitted documentation (attached).. Please provide the current status of our request'. ..... Original Message ..... From: Gilliam Carpenter [mailto:[email protected]] Sent: Wednesday, August 08, 2001 3:14. PM To: [email protected] Cc: [email protected]; [email protected] Subject: Contracts DAAH01-00-C-0077 and DAAI{01-00-P-0741

Ms. Page, SDC submitted the attached letter or, 30 July 2.001. However, we were informed by Ms. Walker on 7 August 2001 that you are now the Government Contract Speclalist.for these contracts. Please review outsubmittal and provide your response as soon as possible. We are continuing to incurr costs associated with the purchase, proccessing, handling and storage of these parts. Please expedite
|

434 '

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 31 of 47

the resol, ution of the stated issues. You may contact Ms. Virginia P. Gilchrist at (256)382-4600 or Gilliam Carpenter at (256)382-4620.

435

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 32 of 47

REFERENCE: DAAH01-00-C-0077, AND DAAH01-00-P-0741 A review has been made to your conc.erns presented in letter 30 Jul 01. 1. PROM DATA - I have received the PROM data in hard copy and is available for your use. I can mail it or you can pick it up. If you choose to purchase the programmed microcircuits, they can be procured by Raytheon or from Woodard Electric in Hartselle, Alabama. Additional funding will not be provided by contract for this effort.

2. ACCEPTANCE TEST REQUIREMENTS/PROCEDURES- Please note that both contract TDPs require the use ofspeeia! test equipment as cali.e.d out. in paragraph 6.3 of M1S-41341 and MI8-45073. It is the contractor's respousibility to possess, and use the special test equipment, or to establish a test set arrm~gement that will perform all of the functions as required by MIS-41341 and M IS-45073. Drawing 13235072, paragraph 6, states "this unit shall meet the requirements of M1S-41341", and drawing 13385560, paragraph 6, states "this unit shall meet the retluirements of MIS-45073'.'. It is also the contractor's responsibility to develop any test fixtures that ate necessary to meet the requirements ofMIS-4134 l and MIS-45073. The acceptauce test requirements/procedures, and the test equipment list are defined by MIS-41341 and MIS¯ 45073. If you are able to provide an NSN for the test equipment, we will research the possibility of providing this equipment as Government fimfished equipment. Additional funding will not be provided by contract for the test equipment.
3. REVERSE ENGINEERING - Revdrse engbmering in not an option. No consideration is given to this suggestion.

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 33 of 47

RE Contracts DAAI401-00-C-0077 and DAAHOl-O0-P-0741.tXt From: Page, Patti W ACQ [[email protected]] Sent: Wednesday, october 10, 2001 9:00 AM TO : 'gcarpenter@sdchsv. com' cc: smith, Floyd B LTC ACQ; Hill, Jer,'y W ACQ subject: RE: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Ms. Carolyn Gay is the cont.ract specialist assigned to these packages, she has been attempting to research and resolve the issues fo,r you, to inc.lude obtaining data not normally .required or suppli.ed with the 'technlcal data package. It was my understanding that she has llel~ conversations with you to l e~ you know that she was working th.e issues; however, I have asked Ms. Gay to provide you a current status update. Please let me know if you do not hear from Ms. Gay today. Patti w. Page chief, Avenger/~,lawk Acquisition Branch Ai r Defense Divl sion Logistics Support Directorate Acqui si tion center Original Message ..... From: Gilliam Carpenter [mailto:[email protected] sent: Wednesday, october 10, 2001 8:32 AM To ~ patti, page@redstone, army. mi 1 cc. will i s. epps@redstone, army. mi I ; vpgi I chri st@sdchsv, com subject: FW: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Ms. Page, this is a follow-up to the previously submitted documentation (attad~ed). Please provide tl~e current status of our request. original Message ...... From: Gi II i am Carpenter [mai 1to: gcarpenter@sdchsv, com] sent: wednesday, August 08, 2001 3:14 PM TO: patti, [email protected], army. mi 1 cc: wil I i s. epps@redstone, army. mi I ; vpgi I chri st@sdchsv, corn subject: contracts DAAI.101-O0-C-0077 and DAAIIOI-00-P-074~ Ms. Page, SoC submitted the attached letter on 30 July 2001. However, we ~ere informed by Ms. Walker on 7 August 2001 that you are now the Government Contract Specialist for these contracts. Please review our submittal and provide your . response as soon as possible. We are continuing to i!~curr costs associated with the purchase, proccessing, handling and storage of Ll~ese parts. Please expedite the resolution of the stated issues. You may contact Ms, virginia P. Gilchrist at (256)382-4600 or Gilliam Carpenter at (256)382-4620.

Page 1

437

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 34 of 47

7

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 35 of 47

, ,G,,i, ilian! Carpenter
Froll]: Sent: To: Subject:

Page, Patti W ACQ [patti.page@redstone.~rmy.mil] Wednesday, October 31, 2001 1:07 PM '[email protected]' RE: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

There is no digital data. We 'only have hard copy drawings slnc~ ms. Gay understood you to say that your TDP was not clear. The gerber data was not bought from Raytheon so the Government does not have access to it. I am very concerned about these contracts as they seem to be dragging along with no firm recovery date from your company. These items have been successfully made by other businesses in the past with no problems or ieed for &dditional data. will be .happy to meet with you, but I have no other daCa than what is already provided in the TDPo If your company does not have t~e capability to make the items you should let us know as soon as possible. You may call me at (256) 95S-9197 or emall me as to the date and time ~ou would like to visit the Command. Patti W. Page Chief, Avenger/Hawk/Stlnger Acquisition Branch Air Defense Division Logistics Support Directorate Acquisition Center ..... Original Message ..... From: Gilliam Carpenter [mailto:[email protected]] Sent: Wednesday, October 31, 2001 11:52 AM To: patti.pag@@redstone.army.mil Cc: [email protected] Subject: Contracts D~]01-00-C-0077 and DAAH01-00-P-0741 Ms. Page, we received your voicemail message regarding the subject c~ntracts. SDC would llke to pick-up the dlgi~al data and, if at all possible, mvet with you. Please advise us of a date and time that is convenient for you.

438

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 36 of 47

REFERENCE: DAAI-~01-00-C-0077, AND DAAI-I01-00-P-0741

A review has bee~l made to your oncerns presented ii~ letter 30 lul 0 I. 1. PROM DATA - I have received the PROM data.ilL hard copy and is available for your use. l'can mail it or you can pick it up. If you choose to purchase the programn~ed microcircuits, they can be procured by Raytheon or i"rgm Woodard Electric in I-Iat-tselle, Alabama. Additional funding will not be provided by contract for this effort. 2. ACCEPTANCE TEST REQUIREMENTS/PRO .CEDURES- Please note that both contract TDPs requh'e the use of special test equipment as called ou~ in paragrapli 6.3.of MIS-41341 and MIS-45073. It is the contractor's responsibility to possess, and use file special test equipment, or to esta~blish a test set arrangement that will perfomt all of the ftmcti0fis as required by MIS-41341 and MIS-45073. Drawing 13235072, paragraph 6, states "this unit shall meet tile requirements ofMIS-41341", mid drawing 13385560, paragraph 6, states "fiLls unit shall meet the requh'ements ofMIS-45073". It is also the contractor's responsibility to develop any test fixtures that are necessary" to meet the requirements ofMIS-41341 and MIS-45073. The acceptance test requirements/procedures, and the test eituipment listare defined by MIS-41341 and MIS45073.. If you are able to provide an NSN for tile test equipment, w~ will research the possibility of providing this equipment as Govenunent ffimished equipment. Additional funding will not be provided by contract for the test equipment. 3. REVERSE ENGINEERING - Reverse engineering in ~o1~ an optio~L. No consideration is given to this suggestion.

439

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 37 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 38 of 47

From: ~nt: Subject:

Gilliam Carpenter [[email protected]] Tuesday, November 06, 2001 11:33 AM [email protected] [email protected] Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

Ms. Gay, SDC would like to pick up the hard copy of the PROM data if you will notify us of the pick ~p.loc~tipn. In addition, we would like to meet with you next week (I~-16 Nov 01).. Thank you for your assistance.

44O

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 39 of 47

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 40 of 47

Subject:

Gilllarn Carpenter [[email protected]] Wednesday, November 07, 2001 8:08 AM [email protected] FW: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741

..... Original Message ..... From: Page, Patti W ACQ [mailto:[email protected]] Sent: Wednesday, November 07, 2001 7:48 AM To: '[email protected]' Cc: Guyette, Janet C ACQ subject: FW: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Ms. Carpenter, Ms. Gay is no longer wit~ this office. These two packages will be reassigned to Ms. Janet Guyette. You may pick up the hard copy data. To do so, you will need to report to the main visitor's desk of the Sparkman Center in building 5300 here at Redstone. They can contact Ms. Guyette at 955-9190 and she will bring the data to you. If you wish to meet with Ms. Guyette, you will need to identify what issues you would like to discuss. That way she can try to have the ~appropriate parties available. Patti W. Page Chief, Avenger/Stinger/ATAS/LSDIS/Hawk Acquisition Branch Air Defense Division Logistics Support Directorate zquisition Center ..... original Message ..... From: Gay, Carolyn K ACQ Sent: Tuesday, November 06, 2001 2:05 PM To: Page, Patti W ACQ Subject: FW: Contracts D~H01-00-C-0077 .and DAAH01-00-P-0741

..... Original Message-A--From: Gilliam Carpenter [mai!to:[email protected]] Sent: Tuesday, November 06, 2001 11":33 AM To: [email protected]! Cc: [email protected] Subject: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Ms. Gay, SDC would like to pick up the hard copy of the PROM data if you will notify us of the pick up location. In addition, we would like to meet with you next week (13-16 Nov 01). Thank you for your assistance.

441

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 41 of 47

0

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 42 of 47

November 13, 2001

Commander U.8. Army Aviation and Missile Command AMSAM-AC-ML-SA Redstone Arsenal, AL 35898
Atteution: Ms. Patii Page Subject: Contracts DAAH01-00-C-0077 and DAAH01-00-P-0741 Dear Ms. Page:

As a result of your response to. our July 30, 2001 letter and recent communications, SDC, Inc. ¯ hereby formally requests that the subject contracts be Terminated for Convenience per FAR clause 52,249-2. SDC was awarded contract DAAH01--00-C-0077 in May2000 and contract DAAH01- 00-P-0741 in September 2000. SDC has requested the necessary data in the format required by the contracts, and the documentation to properly manufacture the products. However, more than a year has elapsed and SDC still does not have the data specified in the contracts to produce the products as intended in our original proposal. Examples of the insufficient data are as follows:

1) PROM Data - The contract TDPL Legend directs that the copy of the digital drawing,
"...included in this Technical Data Package is not used for manufacture. A copy of the drawing in disk or magnetic tape format will be furnished to the successful bidder upon request". To properly program PROMs for use on the circuit cards, SDC requires the data files for loading into the PROMs. These data files must be provided in electronic format for consistency in loadiug the PROMs and to prevent mistakes associated with manually entering the data. Although requested, SDC has still not received an electronic version ol~ the data files. It appears we have received the very drawings the TDPL Legend directs us NOT to use. In order to manually enter and check the data, SDC will incur additional costs that were not expected or proposed in the original quotation. While such a technique could be employed, the risk of programming microcircuits with incorrect data, and thereby producing scrap assemblies is very high. The Government has also made it clear that additional funding for data entry and replacement PROMs will not be provided The Government also suggested that SDC could buy the programmed microcircuits from Raytheon or Woodard Electric if desired. However, the original solicitation did not mention these two companies as directed or suggested sources. Therefore, our proposal was to procure the PROMS and program them with the electronic data file(s) to be " provided by the Government. To change our plans at this time and purchase the programmed parts will have a significant financial impact upon this program and our -company.

442

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 43 of 47

2) Acceptance Test Procedures - On build to print cbntracts, it is routine for the customer
to provide copies of the existing test procednre used to detenaaine if the parts are acceptable. Although SDC has requested Acceptance Test Plans and Procedures, the Government has only provided copies of specifications that call out the general performance requirements. Therefore,instead of receiving copies of existing procedures, SDC will have to pay for an Acceptance Test Plan/Procedure to be written and fllen forward it to the Government for comment and approval. This effort could potentially also have a large cost impact upon the program. November 13, 2001 Page 2

The above examples are just two instances where SDC still does not believe it has sufficient data to complete the effort as proposed and the answers or alternatives offered by the Government will cause financial impact to this program. To complete a contract of this type, SDC assumed.that the normal,.basie technical-data and documentation would be made available. As a Small Business, SDC cannot absorb the financial impacts caused by the Government's failure to provide the normal routine data. If there are any questions, please contact the undersigned or Gilliam Carpenter at (256) 3824600. Sincerely,

Virginia P. Gilehrist President

443

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 44 of 47

8

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 45 of 47

¯ AM~AM-AC-LS-H

23 ~an 02

MEMORANDUM FOR RECORD SUBJECT: Meeting of 2~ Jan 02 with SDC on contract DAAH01-00-C-0077 A me~ting was held in Building 5303, Room 3234, from 1300 hours until 1445 hours. The attached is'a list of attendees. The contractor requested this meeting to clarify TDP i~mes they have.so they can complete the first a~. "cles. The contractor emailed their questions to Gerald Tucker, Ombudsman, on 14 Dec 00. Their questidns were as follows: 1) PROM data - the contract TDPL legend direbts.that the copy of the digital drawing, u,..incIuded in this Teelmical Data Package is not used for manufacture. A copy ofthe..dra .wing in disk or magaetic ~pe format will be furnished to the sueeessfifl bidder upon request." To properly progam PROMs for use on the eirenit earda,.SDC .requires th9 data flies for loading into the PROMs. These data files must be prodded in electronic format for consistency in Ioadlng .the PRO!~ and to prevefit mistakes associated with m~ually, entering the data. Although requested, 8DC has still not received an electronic version of the data files. If appears what we have received are the yery drawings the TDPL Legend diredts us" NOT to use. /~ order to.manually.enter and check the data, ~DC will incur additional costs that we.re not expected 6r proposed in the original quotatiom. While such technique could be employed, the risk of programming microcircuitswith incorrect data, and thereby producing scrap assemblies is v~ry high. The Government/ms also made it de.at thaf additional funding for data entry and replacement PROMs will not be provided. The Government also suggested .that SDC could buy the programmed rnicmcireuits 5ore Raytheon or Wpodard Electric ifdesirad. Howev.~r, the original solicitation did not mention tfiese two companies as directed or suggested sources.. Therefore, our proposal ~tas to proem the PKOMs and program them with the electronic data file(s) to be provided by the Government. To change our plans at this time and purchase the p~ograinmed parts will have a s~gnificant fin .apcial impact upon this program and our company. ~erald Tignor, SAMD, stated that the electronic PROM datais not available.. It is proprietary data flint Raytheon owns: However, w'e have furnished a hard copy of . " the PROMdata~o SDC that is adequate. Ms. Oilchrfst sta~ed tha(sh~ didn't " propose/mvin~ a person enter'the PROM data by hand - she read the TDP to say - ¯ that electronic PROM data would be fimaish~d. Patti Page.ti~ked ifthe TDP was adequate vdth regards to the PROM data.. Mr. ~'ignor state, d it was inadequate wi.th regard m the PROM data. However, we'have a Level 3 TDP (whi.'ch means" it is adequate for c.ompetifion}. Woodafd Eleetrie has produced these items for.

444

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 46 of 47

.Rayt~.~on. How do we re.solve tlzi.'s problem7 Raytheon or SEPD RDEC can program the caids at a dost to SDC. Patti Page asked SDC if we provide the usable PROM data and we test on the GETS2000 or the A45 ha Bar.stow, California, then will that resolve their ibsues. Ms. Gi!ehrist stated that she was concerned about the items that fail. There's no way to tell wh~it faiIed if you use the GETS2000:'.J'erald Tigfior stated that was a risk of producing these items. (2) Acceptance test p~ocedures- Although SDC has 'requested a~c.eptancb test procedures the Government has only provided copies of specifications that call out the general performance requirements. Therefore, instead of receiving copies bfexlsfingproeed, ures, SDC will .have to pay for an acceptance test plargproeedure to be written and then forward it to the Government for comment and approval. In addition, the special test equipment required by this effort was not included ha thek. Offer. If the Government does not provide the.test procedures and equipment, performing this effort for the awarded price is .not feasible. 1era/d Tignor ~t~ted that the test p~oeedures.ha the TDP were. adequate ~or production. If there is additional cost for testing the items it.will pass to SDC beeanse our test procedures are adequate. It bias'stated by 1ohn Smith, Sparta, that any commercially available to.st equipment can be used to test these items. Ms. GLIe ".lJk_-ist stated'that she bought all the material to p~oddee these items for every option year.. Patti Page told her that the contract didn't authorize her to do thitt. The contraot only allows for proo.urement of the" first artible materials. Ms. Gilehrist stated ¯ that during the DCMA review (before akvard) the DCMA person-accepted her material costs. Mr. Tu~ker stated that probably the DCMA technical persondid aocept'th~ ' matdrial costs..Patti stated that the contracting officer is the only one with the authority to allow contractor's to.procure materlal.before'first article acceptance. The contract speolfieally states that. ACTION ITEMS: Aequisition Center will send SDC a letter wi.th the PROM data and if there .will be a charge for testing. ¯ "RbEC will review the TDP and the MIS to .be sure that our TDP is adequate for any ~ontraotor to prodfice the items.

RDEC will get a bo~rd from SDC and we will program it and test it'on the GETS 2000 to be sure it works. We will the~givd the PROM data to SDC so they e.an program the ¯ remaining boarda.
Janet Guyette Contract Specialist

445

SDC 1569

Case 1:06-cv-00232-LMB

Document 41-17

Filed 10/29/2007

Page 47 of 47

SDC 1570 ¯ -. 446.