here if you always would like to look at those in order to understand the oral argument that i'm making counsel for f a a has been provided those as well basically on these two pages are two charts one or two exhibit i'm sorry one exhibit i and one exhibit generally they're both textual in nature and yet the f a a has decided one of these is a graphic illustration or charts and one of them is not a defines these graphic illustration charts as something that is primarily pictorial rather than textual in nature and if you look at these two exhibits exhibit j there's nothing pictorial about them these are both charts that are primarily textual contrary to the f a a definition and yet according to the f a a one of them is picked is pictorial and one of them is not one of them  deemed noncompliance how many were there there were seventeen total exhibits your honor nine of them deemed compliant and eight of them deemed noncompliance and all of these are contained in l i's revised technical proposal which is in the appendix vacancy record are you saying nine are on their face compliant or nine were deemed compliant  did they ask the agency what was wrong with their initial bid where did they get specifics on what they were trying to correct they did not ask for clarification your honor they were told that several sections contains a text that words there was follow the point part and that was not a graphic illustration or chart and they had three days to turn it around and their revised proposal they took that three days and attempted to comply with how they understood  are instruction that that when they said the font for graphics illustrations and charts must be a point or a larger that graphics illustrations and charts is ambiguous you don't know what it means i mean that's discussing that was added to the requirement for your bin submission is that not true that i don't know you wanted i do know that we got an entire new f b i our screening information requests right in the language but the point is the question is whether or not the f a a was arbitrary and capricious look at those exhibits and you tell me whether or not you can discern which is and which is not compliant based on the definitions that i've been o noncompliance had anything to do with the font sizes on head that was victoria or text correct and yet i don't see any pictorial displays on any of the exhibits including those that were deemed compliant or those that was after the f a a said they were noncompliant yes we had a color and we moved into boxes and attempted to make them more consistent with what might be seen if you had any pictures or are not compliant and how is that not arbitrary and capricious for the f a a to say to my client that you can no longer participate in this but didn't process based on a willy nilly decision of what is what is not confined so to be clear when you put graphic illustration charts hearses text correct and it's defaced position that it's that distinction is pictorial and you can apply that definition that pictorial definition to the different exhibits in the in the proposal and if you look at the record on pages of agency record pages twelve thirty and twelve thirty one that's where the f a a clearly delineate which of the exhibits are compliant and which are not compliant and i'm for you to look at those and and decide which ones actually fit the definition of record that it was a question of functionality which is is the text the same as is suppose a graphic illustration is true or chart functionally the same of the surrounding text were to the deck decorative or pictorial elements convey substantive information and just using the two examples they used and you know a lot of their very well take examples if you look at most of the exhibits that were rejected that was compliant even though it was over twelve point five but if you remove the graphical element from exhibit j which is on the right hand side sure is a bullet points you lose much of the information being conveyed there which is how leader communication intends to comply with various statement of work requirements so if you remove the picture all element from that exhibit you have functionally something that no longer works the tech the non sexual elements are just as important there as the textual explanation compare that with exhibit i where if that was simply fine tax if you remove the color if you remove the little bubble that that leader communications chose to put there you would have exactly the same information being conveyed yes there are headers there they mention that they added headers when they revise errors but as misuse this as jay and i were deemed compliant  exhibit j has a textual element of actual explanation but also contains a graphical element which is on the right hand side on the right bullet points the bullet points various points in the chart that make it that make it a chart now from if that information was removed you removed the that the bullet points to the graph the graphical chart type elements of that particular exhibit you no longer have a leader communications explaining how they not simply that i mean because if you're simply not doing the work out here it's again is the tax what is conveying the information without the graphical element on any of these you have the same information being bait and and that's the definition that the f a a used itself you know on page ten twenty four of the record where they describe the non compliant material as functionally the same as the surrounding text t straightens you don't need a graph and you've got a saying you know what it misstates of union and the years they were union or something like that you have to have some explanation in the graph that's what you're saying yes it's a mix that just didn't in a more global sense could could you tell me why somebody would not be confused when they looked at the nineteen compliant as to what they must do to make the other eight compliant welp first the f leader we have you have exhibits some of them are non compliant please enlarge the thought you know as necessary and the left leader to determine ultimately which ones might need a change in their font size and which ones might not compliant c d e f g h k and m are the same ones that leader communications added color to aman added that sort of almost graphical component to you know a box around their text and say all right this now each only get ten points on size because we put a box around it well if you look at their original proposal that's pretty much what they did with a number of these non compliant proposal they were taxed bullet pointed smaller font size with a box around it which is one of the reasons why the f a a went back to them and said we have a concern here so well  to consistent but if they were concerned about the page limits they could have gone back to the contracting officer and and raise the issue with them we're concerned the contracting officer that this may ultimately cause us to go over the page limit is it  consider the non compliant exhibit the council was saying that you know all of the second force could have been helpful but they were facing a time constraint could they have could they have extended the time they could have asked but three days in a german is a reasonable amount of time impeachments do tend to move fast and efficient so they could have asked and with their requests have been granted ever i don't know that didn't happen so i can't know what would happen i do know the f a a had its own deadline probably would have required going back to oh drug saying that one of the offers has requested additional time and we would like you know to if you haven't we and for that reason we're going to have to extend our pick your deadline since leader communication was the primary driving force behind the accelerated schedule i think the fact that they were asking for more time would help great weight with so is it true that there was an agreement about which exhibits needed alteration that was not for your honor i think he wanted to find that we parents understood which ones were non compliant because we happen to amend the exact same ones that they determined three months later were non compliant and i was looking at the exhibits in the original and the revised proposals and all the ones that  i guess exhibits that have colored colorful black brown background and rearrange the text so that sometimes including a flow chart and that kind of stuff so when you look at them you can see this is why they pick those those particular exhibits to the men because those are the only ones that it reasonable for you to understand i mean i look at some of these exhibits and if somebody did this in a brief trying to get around our farm limit i would be seriously annoyed and i would think that they are intentionally playing games with our age limits sure i mean i think some of these exhibits on their face you look at them and it's it's not by any reasonable interpretation a chart or graph but i'll give you that you're on a bit but what about the ones and say ok we can do it in a point i mean what was the definition of a charter graph charts have a lot of turnover you can ask me questions sorry or ok you think that you could look at those and there are could possibly be it was black and white but it was learned in the text a seventy five billion dollar question about what's the correct interpretation of graphic illustrations and charts i just don't see how the essay definition like an easy to seventy five grand thank you rather than of the questions also