Free Witness List - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

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Filed 12/18/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TETRA TECH EC, INC.,

) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) _____________________________________ )

Fed. Cl. No. 06-146C (Judge Wheeler)

PLAINTIFF'S WITNESS LIST Pursuant to the Court's July 27, 2007 Order as modified by the Court's December 10, 2007 Order, Plaintiff Tetra Tech EC, Inc. ("Tetra Tech") respectfully submits its witness list. 1. Timothy Deignan, Discipline Lead Geophysics, Tetra Tech EC, Inc. Science, 143

Union Boulevard, Suite 1010, Lakewood, Colorado 80228. Mr. Deignan is a geophysicist who will testify as a fact witness. He has also been identified as an in-house expert based on his knowledge, skill and experience regarding geophysical data acquisition, processing and/or interpretation, as well as industry standards in the Ordinance and Explosives ("OE") industry. We expect Mr. Deignan's testimony to provide an overview on the state of the art of geophysics in the OE industry. We expect his testimony to address Tetra Tech's geophysical processes and activities during the performance of Task Order 006, including Tetra Tech's identification and removal of UXO and UXO-like items, and the number of such items. We expect Mr. Deignan to testify regarding Tetra Tech's course of conduct on prior contracts with the Government, when Tetra Tech encountered unanticipated levels of UXO-like items. Mr. Deignan is certain to testify. We expect Mr. Deignan to provide testimony about the corrections necessary to the

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weighted formula in the Government's estimate of the amount due Tetra Tech in the Contracting Officer's Final Decision and about which the Government's 30(b)(6) witnesses testified. We expect his testimony to take approximately one and a half hours. 2. Gerald L. Delaney, former Tetra Tech UXO Program Manager, URS Corporation,

315 East Robinson Street, Suite 245, Orlando, FL 32801. We expect Mr. Delaney to testify regarding Tetra Tech's preparation of its proposals and Best and Final Offer. We expect Mr. Delaney to testify concerning the early performance period, including the execution of Modification 03. Mr. Delaney may testify. We expect his testimony to take approximately one half hour. 3. Richard Gleason, Program Manager, Tetra Tech EC, Inc., Tetra Tech EC, Inc.,

Boston Office, 133 Federal Street, 6th Floor, Boston, MA 02110. Mr. Gleason will testify about preparation and submission of Tetra Tech's initial Request for Equitable Adjustment. Mr. Gleason may testify. We expect his testimony to take approximately one half hour. 4. Charles Kennedy, former Tetra Tech UXO Project Manager, 2122 G. Larkspur

Lane, Huntsville, Alabama, 35802. We expect Mr. Kennedy to testify regarding the preparation of Tetra Tech's initial and revised proposals, and the early performance of the task order. Mr. Kennedy may testify. We expect his testimony to take approximately one half hour. 5. David Lieblich, Ph.D., President, SIV Technologies Inc., Subsurface

Identification and Verification, 58 Commodore Road, Worcester, MA 01602. Dr. Lieblich is Tetra Tech's retained expert. He will testify in accordance with his expert report, addressing Tetra Tech's practice of identifying UXO-like items via geophysical identification, as opposed to the Government's position regarding identifying UXO-like items based on the physical examination of the item (i.e., by size, mass and composition). Dr. Lieblich will testify about the meaning of "UXO-like" in the OE industry, and Tetra Tech's compliance with the requirements

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of the task order. We expect Dr. Lieblich to testify regarding Tetra Tech's use of feedback in performing geophysical processes. Dr. Lieblich is certain to testify. We expect his testimony to take approximately one hour. 6. Michael McGuire, Geophysics Resource Manager, Tetra Tech EC, Science, 143

Union Blvd, Suite 1010, Lakewood, Colorado 80228. Mr. McGuire is a geophysicist who will testify as a fact witness. He has also been identified as an in-house expert based on his knowledge, skill and experience regarding geophysical data acquisition, processing and/or interpretation, and applicable industry standards. We expect Mr. McGuire to provide testimony about Tetra Tech's geophysical activities during Task Order 006, including the identification and removal of UXO and UXO-like items (and the number of such items), discrimination criteria, and the Geophysical Prove Out process. We also expect Mr. McGuire to discuss Tetra Tech's field activities at Fort Meade. Mr. McGuire is certain to testify. We expect his testimony to take approximately one and a half hours. 7. Jack McIlrath, Vice President, Ordnance Programs, Tetra Tech EC, Inc., 4960

Corporate Drive, Suite 140, Huntsville, AL 35805. We expect Mr. McIlrath to testify concerning Tetra Tech's ordnance services division and Tetra Tech's role in the ordnance services industry. We also expect Mr. McIlrath to testify about the importance of Government provided information during the pre-award phase, and Tetra Tech's use of such information. We also expect Mr. McIlrath to provide testimony on the custom and trade practice in the OE industry related to the use of estimates in documenting intrusive results in the field. Mr. McIlrath is certain to testify. We expect his testimony to take approximately one hour. 8. Don Welch, Jr., Tetra Tech EC, Inc., 4960 Corporate Drive, Suite 140, Huntsville,

AL 35805. We expect Mr. Welch to testify concerning trade practice and usage in the OE industry related to the use of estimates in documenting intrusive results in the field. The proffered testimony of

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Mr. Welch could be eliminated based on the prior 30(b)(6) testimony of Government witnesses. Accordingly, Mr. Welch may testify. We expect his testimony to take approximately one half hour. 9. Mark Worthington, Supervising Cost Engineer, Tetra Tech, EC, Inc., 1000 The

American Road, Morris Plains, NJ 07950. We expect Mr. Worthington to testify concerning the preparation of Tetra Tech's claim, the underlying costs and Tetra Tech's damages. We expect Mr. Worthington to provide testimony about the necessary recalculation of the Government's estimate of the amount due Tetra Tech, as set forth in the Contracting Officer's Final Decision and about which the Government's 30(b)(6) witnesses testified. Mr. Worthington is certain to testify. We expect his testimony to take one and a half hours. 10. Lydia Tadesse, Contracting Officer, U.S. Army Engineering and Support Center,

Huntsville, Alabama. We expect Ms. Tadesse to testify about her review of Tetra Tech's claim and the preparation of her November 5, 2005 Final Decision. Ms. Tadesse may testify. We expect her testimony to take approximately one half hour. 11. John Potter, Director of Ordinance Programs, U.S. Army Engineering and

Support Center, Huntsville, Alabama. We expect Dr. Potter to testify about the solicitation process for Task Order 006, the Government's administration of the Task Order, the Government's transition to performance-based OE contracting, his analysis of Tetra Tech's claim, and the Government's position on the proper compensation due Tetra Tech for its claim in this matter. Dr. Potter may testify. We expect his testimony to take approximately one hour. 12. Government 30(b)(6) Deponents: Pursuant to RCFC 30(b)(6), Plaintiff took the

testimony of the following: · · Jason Adams (Government Cost Engineer) Robert Selfridge (Government Chief Geophysicist)

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· · ·

Brendan Slater (Government Project Manager) Michael Slovak (Government Safety Specialist) Charles Townsend (Navy Unexploded Ordnance Quality Assurance Specialist)

Plaintiff may offer parts of their 30(b)(6) testimony as evidence at trial. Plaintiff reserves the right to call each as a witness at trial. We expect the testimony of each to take approximately one half hour. 13. witness list. Respectfully submitted, TETRA TECH EC, INC. Plaintiff reserves the right to call as a witness any individual on Defendant's

Date: December 18, 2007

By:

s/ William W. Thompson, Jr.____ William W. Thompson, Jr. Robert D. Banfield PECKAR & ABRAMSON, PC 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 Telephone (202) 293-7794 Facsimile Attorneys for Tetra Tech EC, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December 2007, a copy of the foregoing PLAINTIFF'S WITNESS LIST was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ William W. Thompson, Jr.

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