Tuesday, March 28, 2023 1:42:40 PM
Here's the important doc IMO https://docdro.id/qLELukb
> For reasons that are also somewhat in dispute InVeris never delivered any Blue Rail
weapon, and in fact the uncontroverted testimony was that InVeris has never delivered or sold a
single Blue Rail weapon to any customer (as of the date of the very Hearing in this case).
> Mr. Shavers’ testimony was critically damaging to InVeris’ $1.4 million claim – and was
supportive of certain of Oak Grove’s claims – in multiple other respects. Specifically, Mr.
Shavers conceded that no Blue Rail weapons had ever been sold at the time the subcontract was
entered and, in fact, that Blue Rail technology at that point was at most a “prototype,” that is, it
was not yet a “product.” Mr. Shavers also conceded that the same BlueFire products sold to Oak
Grove had been sold under a separate contract to the U.S. Army; that these weapons had a
“myriad of issues” which led to frequent return for repairs; that the weapons failed the Army’s
initial acceptance test; and that an as yet unconducted “root cause analysis” was necessary to
determine why the weapons were failing and breaking over and over again (DX 16). And
finally, Mr. Shavers conceded that the Army’s Contractor Performance Report (“CPAR”) rated
InVeris’ performance – again, involving the same BlueFire weapons as those sold to Oak Grove – initially as “marginal,” noting “considerable schedule delays” (DX 19), and later as
“unsatisfactory” (DX 705);
Blue Rail product description: https://www.officer.com/training-careers/product/21068469/meggitt-training-systems-virtual-and-live-fire-weapons-training-systems-bluerail-technology-converts-your-firearm-for-virtual-training
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