Wednesday, June 07, 2006

Defense Challenges Purchasing Agent's Testimony

In his cross, defense attorney Steve Hurley challenged UW purchasing agent Lisa Clemmons for saying that in the procurement process, price is a second consideration to service. He produced a copy of the state procurement manual, pointing to a passage that states that in competitive contract bidding "price is always a major consideration."

"I wouldn't say it's a major consideration," Clemmons replied.

Hurley also revisited Clemmons' statement under direct testimony that Thompson said the contract had to go to a Wisconsin company. He had her read back her testimony at the grand jury on Jan. 10, where Clemmons was asked the same question but made no mention of that comment from Thompson.

Hurley tried to paint Clemmons "disappointment" with the Adelman account manager as a "personality issue," which Clemmons stated in her grand jury testimony.

Clemmons said her score for Adelman reflected that their presentation leaned too much toward the online travel aspect, but added "I took into consideration (the account manager's) personality."

Sparks flew on a few occasions during the cross, as in an exchange when Hurley said the 20 point difference between the Omega and Adelman contracts represented less than 2 percent of the overall possible score of 1200.

"That's pretty darn close, isn't it?" Hurley asked Clemmons.

"It's not a tie," Clemmons rebutted.

"I didn't ask you if it was a tie, I asked if it was close," Hurley said.

"Yes," said Clemmons.

Hurley asked if after Clemmons saw the results of the best and final offer she thought the process was "fixed."

"I did not think it was fixed. I thought there was going to be something done to change the the scores," she said.

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