Free Motion to Dismiss - Rule 12(b)(6) - District Court of Federal Claims - federal

Case 1:08-cv-00191-FMA

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EXHIBIT A

Case 1:08-cv-00191-FMA DocumentcFR 7001 UNDER DPASI~5 9-2 SOLJCITAT1ON, OFFER AND AWARD
2, CONTRACT ND~ 3, SOLICITAT~ONNO,

Filed 07/18/2008 Page 2 of 1 64 DO+A?
~

68

1o. FOR
INFORMATION

CALL:
DESCRIPTION PART I - THE SCHEDULE SOLICITATION/CONTRACT FORM

N. TINNL~L, CO~,ACTING OFFICE~ .......
~uTHoRIZEO FOR LOCAL REPRODUCTION

(s

~

~/~
STANDARD FORM 33 (REV 9-s?~

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SECTION B SERVICES AND PRICES/COSTS DESCRIPTION/SPECIFICATION The contractor shall furnish all personnel, materials, goods, services and facilities to perform the requirements of this contract. B.2 PRICES/COSTS

B.2. I All orders under this contract shall be priced in accordance with the Schedules provided in this section. Such prices shall remain valid for the duration of this contract. B.2.2 The rates reflected in Section B, CLIN 0001, 0004, 0007, 0010 and 0013, shall reflect all direct and indirect costs; i.e., direct labor, indirect labor, fringe benefits, overhead, G&A, profit and other direct costs and allowances. These CLINs are exclusive of equipment, supplies, materials and subcontracts. B.2.3 Reference clause 1.106, FAR 52.216-18, Ordering, facsimile or other electronic commerce methods for issuing orders are hereby authorized by the Contracting Officer. B.2.4 The Government reserves the right to issue level of effort delivery/task orders without requesting a proposal. B.3 Contract Type

This is an Indefinite Delivery/Indefinite Quantity Time and Materials and Labor Hour contract. All supplies/services will be obtained by individual delivery/task orders issued by the U. S. Army Intelligence Center and Fort Huachuca Contracting Officer. B.4 The Government may require continued performance of any services wilhin the limits and at the rates specified in the contract in accordance with 52.217-8 (Section 1). The Contracting Officer may exercise the option by written notice to the contractor prior to the expiration of the contract. B.5 Minimum Guarantee/Maximum Order The minimum guarantee for this contract is $10,000.00 per contract year. The maximum order for this contract is $5,000,000. The contractor is not obligated to honor an order exceeding this amount, as discussed in 52.216-19 (Senti.on I). However, should an order be required exceeding this amount, it will be discussed with the contractor prior to award. End of Section B

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DABT63-00-D-0001

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Section B Supplies or Services and Prices/Costs Deseripfiq~ ,,, Qu,antit~ U/!
LT

Unit Price

Estimated Amount
$13#00#00.00 (Not to Exceed)

O001

Technical Support 1 Company Site Rates Base Year 1 Feb 00 - 31 Jan 0I Chief Scientist Program Scientist Principal Scientist Senior Scientist Scientist Principal Engineer Staff Engineer Senior Engineer Advanced Engineer I Advanced Engineer II Engineer Senior Technician Technician Administrative Specialist Senior Administrative Assistant Administrative Assistant Clerk/Typist Associate Operational Analyst Operational Analyst Senior Operational Analyst Data Technician 1 Data Technician I! Data Technician !II Data Technician IV Computer Aide Computer Trainee Computer Data Librarian Computer Operator I Cnmputer Operator II Computer Operator Ill Computer Operator IV Computer Programmer l Computer Programmer II Computer Programmer Ill Computer Programmer 1V Computer Systems Analyst I Computer Systems Analyst ll Computer Systems Analyst III Senior Technical Librarian Technical Librarian Engineering Technician I Engineering Technician II

0001AA 000lAB 0001AC 0001AD 0001AE 0001AF 0001AG 000 ! AH 0001AJ 0001AK 0001AL O001AM 0001AN 000 ! AP 0001AQ 000 ! AR 0001 AS 0001AT 0001AU 0001AV 000lAW 000lAX O001AY 0001AZ 0001BA 0001BB 0001BC 0001BD 000IBE 0001BF 0001BG 0001BH 0001BJ 0001BK 000 ! BL 000IBM 0001BN 0001BP 0001BQ 0001BR 0001BS 0001 BT

HR HR HR HR HR FIR HR HR HR HR HR HR HR HR HR lib HR HR HR FIR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR HR

$147.1"/ $128.05 $1 ! 1.3.___.~9 $96.8_~0 $84.1~9 $73.2_.._~5 $63.68 $55.37 $48.1.___~4 $41.9._~2 $36.4_..~4 $31.6.__~! $39.2_..~7 $34.05 $25.4___~5 $39.69 $57.0_.._~8 $71.5~9 $21.0__._fl0 $23.9_._~9 $38.4_..._~55 $44.5.._.~ $19.6_.~6 $26.3_._~2 $57.5_._..~4 $39.53 $64.2._...~.5 $59.7_.._~7 $69.5__..~9 $72.99 $80.7._._.~8 $52.53 $57.7._._~7 $65.0~9 $ 70.6___...~0 $57.5~4 $44.9.._.~0 $53.88

B-2

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Section B Supplies or Services and Prices/Costs Item Description Quantity ,Ufl Unit Prl~

Estimated Amount

(Continued from Page B-2) Technical Support Company Site Rates Base Year' I Feb OO - 31 Jan 0[ 0001BU 0001BV 0001BW 0001BX 0001BY 0001B Z 0001CA 0001CB 0001CC 0001CD 000ICE 0001CF ooo ! CG O001CH OO01CJ OOOl CK o001CL O0Ol CM 0001CN o001CP o0olCQ OOOl CR 0001CS 0001CT 0001CU 0001CV OOOl CW 0001CX 000ICY 0001CZ 0001DA 0001DB 0001DC 0001DD 0001DE 0001DF 0001DG 0001DH 000 | DJ 0001DK
Engineering Technician [H Engineering Technician IV Engineering Technician V Mathematical Technician Technical Training Specialist Senior Technical Training Specialist Program Manager Senior Program Manager Senior Principal Program Manager Senior Computer Specialist Computer Specialist Associate Systems Engineer Systems Engineer Senior Systems Engineer Senior Principal Systems Engineer Associate Software Engineer Software Engineer Senior Software Engineer Senior Principal Software Engineer Associate LAN Administrator LAN Administrator Senior LAN Administrator LAN Site Supervisor Acquisition Mgmt Specialist Principal Acq Mgmt Specialist Senior Principal Acq Mgmt Specialist Configuration Mgmt (CM) Technician Configuration Mgmt (CM) Engineer St. Configuration Mgmt (CM) Engineer Material/Supply Conlrol Specialist St. Material/Supply Control Specialist Technical Writer~dilor Senior Technical Writer/Editor Associate Database Administrator Senior Database Administrator St. Principal Database Administrator Expert Consultant Principal Consultant Senior Consultant Staff Consultant B-3

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Section B Supplies or Services and Prices/Costs
Description
..... Quantity. .. u/1 ....... Unit Price Estimated Amount,

(Continued from Page B-3) Technical Support Company Site Rates Base Year. 1 Feb O0 - 31 Jan O1

0001DL 0001DM 0001DN 0001DP 0001DQ 0001DR 0001DS 0001DT 0001DT

Consultant Junior Consultant Cost Analyst i Cost Analyst II Cost Analyst Ill Security I Security II Contract Administrator ! Contract Administrator 1I

HR HR HR HR HR HR HR HR HR

$ 79~L~.39 $167.0~5 $45.4~9 $~ $98.33 $22.0._...~3 $45.7._.~5 $108.2._.._~8 $82.5_.._~8

Technical Support Customer Site Rates Base Year

The labor rates for all customer sites will be eaual to the ,~ompanF site rate with an ..adiustment based on the Government's localfly rate for that area, MRC will use the closest Government location to ~ase the localit~,,adlustment on.
0002
Other Direct Costs (to include Equipment, Materials, Supplies, Subcontracts, etc.) Cost Reimbursable CLIN (Not to Exceed)

0003

Travel Cost Reimbursable CLIN (Not to Exceed) Total Estimated Base Year Val.ug ~, oLto Ex~ged): ~2,0001~00.00 $20,000,~00.00

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Section B Supplies or Services and Prices/Costs

Item 0004

Description ,, Technical Support Company Site Rates OptionYearl

Q_uant)ty ....... i

U/1 LT

Unit Price

Estimated A~ount
.$13~000~000.00 (Not to Exceed)

I Feb 01 - 31 Jan 02

Thg increase tror all comp#n~ labor rates will be 4% for Ol~tion Period L
Technical Support Customer Site Rates OptionYearl 1 Feb 01 - 31 Jan 02

The labor rates for all customer sites will be equal to the com~a~ site rate with an .a.,d~ustment based on the Government's locall~,,,,,rate ~or that area- MRC will use the closest Government location to base the locality adjustment o~n.
0005
Other Direct Costs (To Include Equipment, Materials, Supplies, Subcontracts, etc.) Cost Reimbursable CLIN (Not to Exceed)

$ 5,000,000.00

0006

Travel Cost Reimbursable CLIN (Not to Exceed) Total Estimated Option Year I Value (Not to Exceed):

$ 2,000,000.00 $20,000,000.00

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DABT63-98-R-0013

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Section B Supplies or Services and Prices/Costs Item Description ,, , Quantity .... U/l Unit Praise

Estimated ..... Amount $13,000,000,00 (Not to Exceed)

0007

Technical Support I LT Company Site Rates Option Yearll. 1 Feb 02 - 31 Jan 03

The increase for all compan~ labor r, ates will be 4% for OlTtion.period II.
Technical Support Customer Site Rates Option Year 1] I Feb 02 - 31 Jan 03

The labor rates for all customer sites will be equal to the eompan~ site rate with an _adjustment based on the Government's localit~ rate for tha~ .ar~a, MRC will use the closest Government location to base the localit~ adjustment on.
0008
Other Direct Costs (To Include Equipment, Materials, Supplies, Subcontracts, etc.) Cost Reimbursable CLIN (Not to Exceed) Travel Cost Reimbursable CLIN (Not to Exceed)

$5,000,000.00

0009

2,000,000.00
$20,000,~0.00

Total Estimated Option Year H Value (Not to Exceed):

Bo6

DABT63-98-R-00!3

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Section B Supplies or Services and Prices/Costs Item Description Quantity , ,, U/I, Unit Price

Estimated Amount

0010

I LT Technical Support Company Site Rates Option YeurHI I Veb 03 3I Jan

$13,000 000.~.00 (Not to Exceed)

The increase ['or all company labor rates will be 4% ['or Option Peripd, l.
Technical Support Customer Site Rates Option Year Iil i. Feb 03 - 31 Jan 04

The labor rates ['or all customer sites will be equal ,to the company si~,e rate with an a_d]ustment based on the Government's locality rate ['or that areq. MRC will use the closest Government location to base the Iocalit~ adiustment on.
00! 1 Other Direct Costs (To Iuclude Equipment, Materials, Supplies, Subcontracts, etc.) Cost Reimbursable CLIN (Not to Exceed) Travel Cost Reimbursable CLIN (Not to Exceed)

$ 5,0o0,~0,00

0012

$ 2,000,000.00 $20,000,Q00.00

Total Estimated Option Year [II Value (Not to Exceed):

B-7

DABT63-98-R-0013

Case 1:08-cv-00191-FMA

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SECTION C

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DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Background

C. I

This requirement is for Information Technology Architecture Development, Information Technology Application (IT), Systems Engineering and Technical Analysis (SETA), Financial and Administrative, to include instructional systems development and presentation, support services to a variety of both DoD and non-DoD customers. Objective The objective of this contract is to provide non-personal services. The Directorate of Contracting may use this contract to support all of its Federal clients within the continental United States (CONUS) and at oth~r than continental United States (OCONUS) locations.

Introduction
Many Program Managers (PM), Systems Managers, and Functional Directors use IT and or SETA contractors to provide oversight support, produce honest and objective assessments of technical problems, and to provide warning of impending problem areas that will affect their programs. IT and or SETA contractors often serve as a "sounding board" for the PMISM/Director as they evaluate various program options. In addition, many programs require financial and administrative support services to help prepare budgetary requests and track expenditures. Many training organizations require IT and or SETA support in the areas of course design, lesson plan development and platform instruction to augment military and Government training developers and instructors. Many programs and organizations use contractors to provide Information Technology and or SETA and related support services. The types of support provided are, but are not limited to, the following: Requirements development, data communication design and development for multiple distributed locations (LAN/WAN), configuration management, installation maintenance, troubleshooting, and other network services; C41 system architecture design and development, concept of operation (CONOP) development, and development of tactics, techniques and procedures ('7['P) for C4| and related battlefield operating systems (BOS).

Scope
In addition to having a comprehensive knowledge of the various programs the IT/SETA contractor is required to have expertise in the technologies under development and their associated technical and concept of operation (CONOP). Experience with the systems into which the program is able to potential|y transition its products is also a requirement. Experience with the C41 tactical and strategic operational environment in which the C41 systems and organizations are employed is also required. The IT/SETA's duties include performance of technical planning and analysis functions necessary to assist in the successful demonstration and transition of the program's technologies, operational software tool sets, CONOPs and TTPs,

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The IT/SETA support contractor must have experience and expertise in instructional systems technologies to include course development, training evaluation, and platform instruction. The instruction development expertise will require domain knowledge in the C41 field and related military activities. The financial and administrative support contractor must have detailed knowledge of the accounting processes used by the various programs. Experience with the implementation and monitoring of(]overnment contracts is imperative. Various programs and organizations have a need for state-of-the-art Information Technology (IT)/SETA products and services. The contractor providing IT/SETA industry services must have expertise in a variety of hardware platforms (work stations, servers, touters, hubs, etc.), and applications. The IT/SETA contractor will perform technical assessments and risk analyses of proposed IT/SETA solutions. C.5 Tasks

This Statement of Work (SOW) delineates the efforts required of the contractor to provide Information Technology Architecture Development and Information Technology Application (IT), Systems Engineering and Technical Analysis Services (SETA), Financial and Administrative Support, Instructional Systems Development, support services to the various programs. The contractor will provide the personnel, facilities and administrative support services required to support various programs, which include, but are not limited to: a. b. c. d. e. C.5.1 Information Technology Architecture Development Information Technology Application Services Systems Engineering and Technical Analysis Services Financial and Administrative Support Services Instructional Systems Development

Information Technology Architecture Development Services

The contractor will provide Information Technology Architecture Design and Development support services. The contractor will use a phased approach to researching, developing, and providing a proposed IT solution for its customers. A requirements analysis provides a macro look at the customer's IT concerns. This approach allows the Government to integrate a cohesive hardware, software and communications architecture to satisfy current and anticipated requirements while taking into account the need to integrate legacy systems. IT solutions must be based on an "open" and "scalable" architectures so that future needs may be easily incorporated into the new IT enterprise system. The phases for the IT Architecture Development approaches to be used by the contractor are: Phase 1, Requirements Analysis; Phase II, Development of Proposed Architecture; Phase Ill, Implementation of the Approved Architecture.

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Information Technology (IT) Application Services

The contractor will provide Information Technology Application support services. The contractor's IT support will include, but is not limited to, configuration management, installation, maintenance, and troubleshooting of existing or proposed IT enterprise systems. Additional support may include system administration or other network services. The contractor's IT services will include on-site custumer support for all aspects of the implementation phase for an IT enterprise system integration. C.5.3 Systems Engineering and Technical Analysis Services (SETA)

The contractor will provide systems engineering and technical analysis (SETA) support. This support will include, but not be limited to, monitoring of the development, testing, and transition of the developed technologies and tools, and the determination of appropriate technology investment areas and potential transition opportunities. The contractor will provide program planning and control assistance that includes, but is not limited to (i) providing detailed reports on program developmental tasks and issues; (ii) tracking related contractor performance to assure program objectives are being achieved. This includes assisting the PM/SMJDirector in developing and maintaining program documents and summaries, and supporting associated briefings and presentations with required background technical and performance data; and (iii) the contractor will assist PMs, SMs and Functional Directors in the development of C41 concepts of operation and tactics, techniques and procedures. In support of this task, the contractor will conduct related studies and analyses, provide brier'rag support during program reviews, and attend meetings and conferences as directed. C.5.4 Financial and Administrative Services

The contractor will provide suppor~ to the programs with services in project monitoring and reporting, financial data collection, budgeting, accounting and performance auditing. The contractor will provide necessary skills and services to design, develop, implement and maintain management tools to (i) track available funds and program expenditures; (ii) plan for budget allocations and (iii) provide cost and budget presentations in a variety of report formats depending on requirements. These tools are designed to provide up-to-date information to the PMsc'TSMs and Functional Directors concerning program financial commitments, obligations, expenditures and related C41 investment strategies. C.5.5 Instructional Systems Development

The contractor's Instructional Systems Development support will include, but is not limited to, developing lesson plans, documenting training courses, presenting material, and maintaining course materials. Additional support may include platform instruction and development of distance learning packages. End of Section C

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SECTION D PACKAGING AND MARKING D. 1 Packaging

All deliverables called for shall be packed and shipped in accordance with the best commercial practices in a manner that shall afford adequate protection against physical and environmental deterioration and damage during shipment. Special requirements for containers, packing and unpacking, handling and labeling will be specified in each individual order. D.2 Marking

Shipping documents, containers, correspondence and packages shall be marked with the following information: a, b. c, Contract Number Order Number Short Title End of Section D DABT63-00-D-0001

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SECTION E INSPECTION AND ACCEPTANCE E.I E.2 52.246-0003 52.246-0006 52.246-0016 E.4 order. Inspection of Supplies -Cost Reimbursement (Apt 1984) (Reference 46.303) Inspection - Time and Material and Labor Hour (Jan 1986) (Reference 46.306) Responsibility for Supplies (Apr 1984) (Reference 46.316)

Acceptance of Services Acceptance of services will be made by Program Manager designated in each individual End of Section E

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SECTION F DELIVERABLES AND PERFORMANCE F.1 F.2 F.3 F.4 F.5 52.247-0034 52.242-0015 Reserved Stop-Work Order (Aug 1989) (Reference 42.1305(b)) Reserved F.O.B. Destination (Nov 1991) (Reference 47.303-6(c))

Period of Performance

The period of performance for this contract is one year base period with four one-year option periods, not to exceed $I00,000,000.00 from date of contract award. The period of performance for each individual order will be specified on the order itself. F.6 Place of Performance

The place of performance will be identified in each individual order. In general, work will be performed at the contractor's facility.
F.7

Delivery Locations,qnspection/Acceptanee

The contractor shall deliver to the designated Program Manager and the Contracting Officer for each order, all invoices, problem notification reports, request for order modifications, related administrative correspondence, monthly status reports, trip reporls, other direct charges (ODC) requests, and transmittal letters. Copies of the above documentation will be provided to the contract administrator identified in Section (3. Unless otherwise specified, the Government's inspecting and accepting authority for all deliverables will be the Program Manager identified on each specific order. F.8 Written Deliverable Types

Specific written deliverables will be set forth in each individual order. The following subparagraphs under this heading describe representative reporting requirements that may be imposed upon the contractor in support of this contract. Deliverables will be priced with each individual order. F.8.1 Trip Reports

If required by the order, the contractor shall prepare and submit a trip report within five (5) working days of the completion of each trip. At a minimum, each trip report shall include the purpose of the trip, destination(s), dates traveled, organizations/persons contacted and a discussion of the results of the trip.

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Monthly Progress Reports

[f required by the order, the contractor shall deliver informative, substantive monthly progress reports which detail progress during the month, problems encountered that may delay successful completion of a task(s), deliverable and/or entire order, corrective action taken to correct the identified problem, planned activities for the succeeding month, the estimated completion dates of all significant milestones, tasks and or deliverables as they relate to the contract and order as formally modified. The report will also include financial data regarding the order. The contractor shall deliver Monthly Progress Reports, if required, to the individuals and }ocations specified in each order.
F.8.3

Engineering and Technical Assessments

Engineering and Technical Assessment Reports will be provided on an as needed/as required basis, The contractor shall deliver Engineering and Technical Assessment Reports, if required by the order, to the individuals and locations specified on each specific order.
F.8.4 Instructional Systems Development Documentation

Appropriate lesson plans, training evaluation reports, and associated documentation will be provided as part of contractual tasks in support of training development and presentation. The contractor will comply with appropriate training documentation requirements as well as locally generated requirements. The contractor will deliver the Instructional Systems Development Documentation, if required, to the individuals and locations specified in each order. F.9 Notice Regarding Late Delivery

In the event the contractor anticipates difficulty in complying with any delivery dates, the contractor shall notify the appropriate Program Manger in writing no less than five (5) working days prior to the scheduled delivery date. In the writlen notification, the contractor shall identify pertinent details, including the date by which h expects to make delivery. This data shall be informational in nature and receipt thereof shall not be constnaed as a waiver by the Government of any schedule, rights or remedy. F. 10 Virus Protection

It is the responsibility of the contractor to ensure that all data, software and documents submitted as electronic media are virus free. At a minimum, the contractor must perform a virus check on all electronic media prior to submission to the Government. End of Section F

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SECTION G

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CONTRACT ADMINISTRATION DATA G.I Contract Administration Data

Bidder's/offeror's office and address which will receive payment, supervise and administer the resulting contract is: McLean Research Corporation 6800 Versar Center, Suite 320 Springfield, VA 22151 G.2 Government Contract Administrator Administration of this contract shall be performed by: Directorate of Contracting ATTN: ATZS.DKO-I P. O. Box 127,18 Fort Huachuca, AZ 87670-2748 POC: Betty Sebastian Phone: (520) 533-1064 Fax: (520) 533-1600 sebastianb*'i~ huachuca-enlh I.army.n~t E-mail: G.3 Payment The payment office will be identified on each individual order. G.4 Contract Payments

a. All requests for payments shall be submitted in accordance with FAR Clause 52.232-25, Prompt Payment. All requests t'or payment shall be submitted on a SF-I034, Public Voucher for Purchases and Services Other Than Personal. b. Contractor Distribution of Invoices:

Unless specified in the individual order, the contractor will submit an original and two copies of the invoice to the Fort Huachuca Contract Administrator identified in paragraph G-2 above, The Contract Administrator will approve the invoice for payment and forward two copies of the approved invoices to the designated Payment Office. The contractor shall also submit an invoice to the program manager for informational purposes. c. Invoices/vouchers will be submitted on a monthly basis, or if the contractor is a small business entity, invoices may be submitted in accordance with FAR 52.216-7, Allowable Cost and Payment, on a weekly basis.

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Notice of Incorporation of Section K, L and M

The following sections of the solicitation will not be distributed with the contract, however, they are incorporated in and form a part of the resultant contract as though furnished in full text herewith:

M G.6

Repre,~Fntations~ Certifications and Other ~,tatements of Bidders/Offerors In~tru.c.~ioas, ~0ndi~io~s and Notices to Offerors Evaluation Factors for Award Orders

The Fort Huachuca Contracting Officer will issue delivery/task orders under the contract to accomplish the work described in Section C, "Descriptions/Specifications/Work Statement". G.6. I Estimation of Cost

The Contracting Officer will issue a Statement of Work describing the effort, place of performance, estimated completion date, equipment listing, travel and technical requiremenLs in suffieiant detail to permit an accurate estimation of cost. A proposal response time and date will be cited in this document. The Government reserves the right to issue orders without conducting negotiations. G .6.2 Clarifications

The contractor shall submit all requests for clarifications in writing to the Fort Huachuca Contracting Officer and furnish a copy to the Program Manager listed in each specific order. G.6.3 Contractor Order Proposals

The contractor's proposal shall be submitted to the issuing off~ce, on or before the time and date specified in the tasking. The proposal shall include, but not be limited to, the following: Section I - Task Requirements. A narrative description of the contractor's understanding of the purpose of the task and the functions required to satisfy the requirements. Seciion 2 - Proposal Solution. A narrative description of the contractor's proposed solution plans for performance and technical approach along with any problem areas.

Section 3 - Assumptions. The proposal shall identify any assumptions on the contractor's pan used in developing the proposal and costs. It is strongly recommended that any assumptions be clarified prior to submission of the proposal.
Section 4 - Milestones and Deliverables. Definition of milestones, deliverables and schedules for them. A statement of the contractor's understanding of acceptance criteria. Include a schedule for each milestone and/or deliverable with a start and completion date based upon order initiation date.

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Section 5 - Work Breakdown Structure: A detailed work breakdown structure, with the labor hours by skill category that will be applied to each milestone and deliverable. The proposed work hour by skill category shall be consistent with the contractor's staffing plan submitted in the contractor's proposal. Section 6 - A staffing schedule by individual skill levels to be assigned including rationale for why and how each skill level will be used.
Section 7 - Travel Requirements. A detailed definition of travel to be performed, including schedule, mode of transportation, locations, duration, personnel involved and purpose for each trip. Section 8 -Supplemental Resources. A detailed definition of the supplemental resources required for order performance, to be provided by the Government or on a cost reimbursable basis by the contractor. Section 9 - Certifications. A certifying statement that the task proposal is (a) comparable with the original contract proposal staffing guidelines. Section 10 - Price Proposal. This section shall contain the prices proposed by labor category using the loaded rates specified in Schedule B, together with a detailed breakdown of direct costs associated with and required by each order. Subcontractor(s) will be proposed on the Other Direct Cost contract line item, the prime will submit backup documentation for evaluation of cost; i.e., type of contract, period of performance, etc. The Government will obtain proprietary data for verification dlreetly from the subcontractor(s). If the contractor is knowledgeable of what subcontracts will be used on any future work under this contract, the contractor shall submit a list of the company(ies) with addresses, points of contact, phone numbers, and the address/phone number of their nearest DCAA office. The Government, in order to expedite processing individual orders after contract award, will initiate actions to pre.approve subcontractor labor and indirect rates, if the contractor is proposing purchase of equipment, price quotes shall be submitted as backup documentation. All costs associated with the development, presentation and negotiation of the contractor's proposal will be at the contractor's expense. It is the Government's intent to issue orders for all proposals submitted. However, circumstances may arise that will prevent the Government from issuing an order, e.g., funding issues or the effort may no longer be required. The contractor may, in addition to responding to the approach the Government defines, submit an additional proposal if the contractor determines another approach can more economically and efficiently accommodate the Government's requirements as an order. In such cases, the cost of proposal preparation shall be at the conlractor's expense. G.7 Acquisition of Supplies

Equipment and supplies that cost $2,500 or more per item shall be acquired competitively. If items are not available competitively, the Contractor shall submit a sole source justification with the request to the contracting office identified in Section G for approval. This requirement will not apply if the contractor has a DCAA approved purchasing system. The Contractor shall include the following information in their request for approval: Vendor's name, address and telephone number, business size, cost of each item, shipping (if applicable), tax and total cost of the order.

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Accounting and Appropriation Data
Accounting and appropriation data wil! be included on each specific order.

G.10

Understatement/Overstatement of Indirect gates

The total estimated value of the contract will not change based on understated fringe benefits, overhead or general and administrative rates. Should the contractor's indirect rates be approved higher than those accepted in the proposal, the difference in cost must be deducted from either labor or the other direct cost portion of the proposal. In such instances, the contractor shall submit a revised cost proposal. Should the contractor's indirect rates be approved lower than those accepted in the proposal, the contractor shall submit a revised cost proposal incorporating the lower rates. End of Section G

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SECTION H SPECIAL CONTRACT REQUIREMENTS H.I Key Personnel Requirements

a. Certain skilled/experienced professional and/or technical personnel are essential for successfial contractor accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those individuals identified below: Mr. Robert Michael Bowe Mr. Terry L. Grimm b. Dr. Barry S. Hess Mr. Frederick L. Singlet,r, ry

Other key personnel may be identified as pan of individual orders.

c. The contractor agrees that key personnel shall not be removed from the contract work or replaced without compliance with the following: (I) If one or more of the key personnel for whatever reason becomes, or is expected to become unavailable for work under this contract for a continuous period exceeding 30-calendar days, or is expected to devote substantially less effort to the work than indicated in the proposal as initially anticipated, the contractor shall promptly notify the Fort Huachuca Contracting Officer at the address specified in Section G, in the paragraph entitled "Government Contract Administrator". Upon concurrence of the Contracting Officer or his/her authorized representative, the contractor shall promptly replace such personnel with personnel of at least substantially equal ability and qualifications. (2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitution(s). They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him/her to approve or disapprove the proposed substitution. The Contracting Officer or hisser authorized representative will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof, in writing. H.2 Permits, Taxes, Licenses, Ordinances and Regulations

The contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all Federal, State, Municipal, County and local Board of Health ordinances, rules and regulations applicable to the business carried on under this contract, and be responsible for all applicable State Sales and Use Taxes. The contractor is also responsible for obtaining any permits/licenses required under any applicable Status of Forces Agreements (SOFAs) or other treaty provisions for performance in OCONUS locations. H.3 Travel mad Per Diem

All travel shall be in accordance with the Joint Travel Regulation (JTR) Volume II. The contractor agrees to use the most economical method of travel available.

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Local Travel

Local travel will not be reimbursed, unless otherwise specified in an order. Local travel is defined as the area within 50-miles of the contractor's place of business.
H.5 Liaison and Coordination

The contractor shall perform coordination with the agency requesting the work only as approved by the Program Manager. It is further agreed and understood that any recommendation for a change to an order shall be reported to the Contracting Officer for any required implementation. H.6 Organizational Conflict of Interest

In the event that orders under this contract require the contractor to gain access to proprietary information of other companies, the contractor shall be required to execute agreements with those companies, to protect the information from unauthorized use and refrain from using it for any purpose other than for which it was furnished, as prescribed by FAR 9.505-4. I-I.7 Responsibility for Government Property

The contractor must protect from unauthorized disclosure any materials or information made available by the Government, or that the contractor has access to by virtue of the provisions of this contract or order issued hereunder, that are not intended for public disclosure. The materials and information made available to the contractor by the Government, or that the contractor comes into contact with, in completing this contract or order issued hereunder, are the exclusive property of the Government. Any information or materials developed by the contractor in the performance of this contract are also the exclusive property of the Government. Upon completion or termination of this contract or order, the contractor shall turn over to the Government, all materials (copies included) that were furnished to the contractor by the Government, and all materials that were developed by the contractor in the performance of this contract or order. Warranty on Contractor Deliverables All contractor provided components (hardware, software, etc.) under this contract shall be warranted for the period specified in the manufacturer's standard commercial warranty. LANs or other contractor provided systems shall be wan-anted for a period of one year from final acceptance, or the period of the manufacturer's warranty (whichever is greater). Repair or replacement of any component or defective system during the warranty period shall be the responsibility of the contractor and shall be corrected at no additional expense to the Government. This warranty covers failure due to reasonable, ordinary use; however, the contractor is relieved of this warranty obligation in the event that the failure is the result of Government negligence or misuse. Orders may address special warranty provisions.
H.9

Limitation of Warranty for Government Furnished Software

In lieu of any other warranty expressed or implied herein, the Government wan-ants that any programming aids and/or software packages supplied for contractor use as Government-furnished property will be suitable for their intended use on the system(s) for which designed. In the case ofsofiware aids and/or packages acquired by the Government from a commercial source, such warranty is limited to that set forth in the contractual document covering the product(s). If the Government furnished software is

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not suitable for their intended use on the system(s) for which designed, except where property is furnished "as is", the contractor shall notify the Fort Huachuca Contracting Officer and supply documentation regarding any defects and their affect on progress under this contract. The Contracting Officer, upon receipt of written request, shall consider equitably adjusting the delivery of performance dates of the contract, and/or price, and any other contractual provision affected by the Government furnished property. The Contracting Officer shall use the procedures described in FAR 52.243-3 of this contract entitled, "Changes - Time and Materials or Labor Hours" to make the adjustment.
H. IO

Government Furnished Items (GFI)

Government furnished items will be identified in individual orders as appropriate, Unless otherwise specified in a specific order the contractor shall be responsible for transporting all GFI between the Government site and the contractor's place of performance. Pickup and delivery of all materials shall be in accordance with the schedule defined for each specific requirement.
H. I I Hours of Work

If a requirement necessitates thai contractor personnel work on site at a Government facility, the contractor shall schedule the work hours of all on site contractor personnel in a manner that shall provide maximum responsiveness to the Government's requirements. H. 12 Year 2000 Compliance

Technology, including but not limited to, information technology, telecommunications, biomedical, embedded systems or other electromechanical or process bases systems, when used in accordance with its associated documentation, is year 2000 compliant. Year 2000 compliant means that the information technology equipment/software accurately processes date/time data, including but not limited to, calculating, comparing and sequencing from, into and between the twentieth and twenty-first centuries and the years 1999 and 2000, including leap year calculations to the extent that other technology, used in combination with the technology being acquired, properly exchanges data/time data with it. The technology being acquired through this agreement shall independently meet these requirements and the interfaces, when they exchange date data, must properly exchange date data as defined herein.
H. I3 Security

The Government may require security clearances up to Top Secret for performance of any order under this contract. The level of classified access required shall be identified in each individual order requiring access to classified information. DD-254, Contract Security Classification Specification, may be required for some orders. H. 14 Labor Categories

The Contractor and/or the Government may request adding to or deleting from the labor categories listed in Schedule 13. If categories are added, the panics will negotiate the labor rate of said categories prior to incorporation into the contract. Any new labor rates shall be calculated in the same manner as in the Contractor's cost proposal submitted in response to the solicitation. The profit/fee rate shall be the same as in the Contractor's cost proposal submitted in response to this solicitation. The estimated contract value will not be increased due to the addition of a labor category.

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Vendor Pay/The Web/Interactive Voice Response System

Vendor Pay is an interactive system providing information on invoices submitted against contracts with th~ Department of Defense and paid by the Defense Finance and Accounting Service (DFAS). Contractors may access invoice status by any of the DFAS Operating Locations or DFAS Centers, By entering the contract number, the customer will view a list of invoices currently received by DFAS with the status of each invoice. Check numbers or Electronic Fund Transfer (EFT) Trace numbers may also be entered and the customer will view a list of invoices that are included in the payment and explanations of elements that make up the payment. To access the system, go to the DFAS Home page, ~t_~)://www.dfas.mil, Click on "Money matters". Select "Vendor Pay", scroll to contractor alert. You will then be able to access the following selections: Query by Contract Number Query by EFT Trace Number Query of Check Number To get your payment sooner, try EFT Vendor Pay lnqulry Syslem Help, OR access the automated telephone inquiry service at 1-888-693-137 I. Telephone Keypad Alpha Conversion Chart A=*21 G=*41 M=*61 S='74 Y='93 B='22 H='42 N='62 T=*81 Z=')94 Telephone Instructions: Fill in contract, order and invoice numbers as they appear in your records in the blanks. Omit any dashes, slashes, asterisks or other non-alpha numeric digits within the original numbers. Use the conversion chart to convert the characters, Enter each converted number when prompted by the recording to obtain your payment information. Example: H. 16 Contract Number: Converted Number: Fee Schedule M1234596AI234 ~'61 1234597~'21 1234 C='23 1=~'43 0=*63 U='82 13='31 J=*51 P=*71 V='83 E='32 K='52 Q='72 W=*91 F='33 L='53 R=* 73 X='92

Customers utilizing this contract may be subject to a fee, which is identified at Attachment 2. The contractor will refer those customers requiring support through this contract, to the Contract Administrator identified in paragraph G.2 for information on contract utilization.
H.17

Limitation of Compensation

In accordance with the Office of Federal Procurement Policy, executive compensation for all categories of executives under this contract is limited to $340,650.00 per annum. End of Section H
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S2.203-7

1.3

52.203-10

52.203-t2

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52,204-4

52.209-6

(Rmferenc, 15.209(h))
PRICR RRDUL~fION FOg DR?RCTIVE COST OR PRICING DATA (OCT 1997) (Refor~nc. 15.408(b))

INTEGRITY OF UNIT PRIC~S (OCT 1997) (Ro~,renc~ 15.408(f)(I)
52.215-15

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UTILIZATION OF SHALL BUSINBSS CONCERNS (J.~ 1999)

~2.222-2G

52,222-29

52.222-3S

.34

52.223-5

pOLLUTION pREVenTION A~D RIGHT-TO-KNOW I~ORMATIOH (APR 1998) (Reference 23.1005)

I-3

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52 .224"2

PRIVAC~ ACT (~R 1984) (Referonce 24.104(b))

NOTICE AND A~SISTANCB RRC~KRDING PAT~ ~ COPYRIGHT IN~RINGEMRN~ {AUG 1996)

RIGHTS IN DATA--GENERAL IJUN 1987) (Referenc~ 27.409(a)(1) 52,228-5

1984)

LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) (Ref~ronco 32.111(c)(2) 52.232-17

LIMITATION OF COST (APR 1984) (Referenc~ 32,705-2(.))

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52.232-22

52,232-23

ASSIGNMRNT OF CLAIHS (JAN 1986}--ALTERNAT~ I (AP~ 1954)

52.232-33

MJ~ATORY INFORMATION FOR BLEC~ONIC FUNDS TRANSFER pAYMENT (AUG 1996)

1.61

1.52

52.243-7

1-5

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252.20S-7000

252.209-7000

252,215-7002

252.223-7006

252.225-700~

252.225-7009

RZGHTS IN TE~h~I~AL DATA--NONCOMMERCIAL ITEMS (NOV 1995)

252.227-701&

252.227-7019

VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE {JUN 1995) (Rof~renc. 27.7104(o){)

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1.89

1,96

252.2~5-7009

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contract.

1,100

~2.216-19

ORDBR LIMITATIONS (OCT 1995}

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(a) This contract is issued am a direct award between the contracting o~fice and the 8(a) Contractor pursuant to the

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1.103

~2.22S-I0

DUTy-FREE ENTRY {APR 1984)

EXcept aS otherwise ~pprove~ by the Contracting offlc.~, no amount is

p~ra~raph (cl below~ the foll~wing procedu~eu apply:

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(lii) th. country of origin,

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1.105 52. 244-6

SUBCONTRACTS FOR COMMBRCIAL ITEMS Ak'D COMMERCIAL COMPONENTS (OCT 1998)

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EXHIBIT B

AS'IENDMENT OF SOLICITA~
2 AMF.NDMENT,'MODIFI('ATION NO. PO0001 DIRECTORATE OF CONTRACTING

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J

PA(;h OF PA(il-.q

4. REQUISH'IONIPURCtlASE REQ NO.

5. PROJECT NO,(ll'applicablc) TRIBAL

P.O, Box 1274o

DIRECTORATE OF CONTRACTING P.O. BOX 1274B ATTN: ATZS-DKO-I BETTY SEBASTIAN FORT HUACHUCA, AZ 85870-2748

FORT HUACHUCA, AZ 85670-2748 MCLEAN RESEARCH CORPORATION TERRY GRIMM ~800 VERSAR CENTER SUITE 320 SPRINGFIELD VA 22151

N^MF .~xN[, aDDrI:-SS O1: (:ONTR^('T6R ,:N,,, S'.'ect. County. Sta~e .rid Z,p ('ode)

'~A AMENI)MEN'I OF SOL'wIT:~TION N'i).

X i0^ MOD. OF CONTRACT/ORDER NO. DABT63-00-D-0001

........ ....

iE~P, ".::'

....X

10B. DArEI') (SEE ITEM 13) 07-Dec-1999

12 ACCOUN'I'ING AN[)AIq'ROPRIA'HON DATA (lt'requ~red) 13. Tills IIEM APPLII.:.S ONLY 're MODIFICATIONS OF CONI'RAC'FS~ORDFR~ IT MODIFIES TIlE r._'ONTRACT~ORDER NO AS DESCRIBED IN IFFM 14. A THIS CHANGE ORDER IS ISSUED PURSUANT TO: ~Speeify nmhority) THE CtlAN(iES SET FORTII IN ITEM !4 ARE MADE IN ~I.IE CONTRACT ORDER NO. IN ITEM 10A B.II IE A~VE'NuM'BERED CONTRAC~'{/()RDER 18 MOD1FIED XO RE~[ EC'T Tl'i'k AD~HNIS'I'RATIVE CIIANGES (such as changes in paying office, appmprinlmn d~te, elc ) SET FOR'HI IN ITEM 14, PURSUANT TO THE AU'I'HORH'Y OF FAR 43.103(1~) C TH'is S[~I'P[.EMEN]'AI': 'A( iR'~EM EN'~'"IS [-N'IERED I~TO PUR~()AN'l: i'0 Xu:I:YiORi"~Y ~ ]D.OTHER (Specify t~pe o1" modil~c~tio'n and m,lh~rity) ] 10 U.S,C. 23~(c)(5) IMP()RTANT" Contractor .

~ Is nol, ~ is required Io sign Ibis document and return copies to the issuing office,

14 DESCRIP'I tON OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicilation&onltact subject malter where IEasibl¢.) a, The purpose of this m~ifi~lion Is to allow the mnlraelor Io apply a handling fee of 8% on all subcontracts u~lized under thls contract. These fees will be m lieu of the 16,5% G&A charged. No G&A will be appli~ble to sub~n~acts under this vehicle,

b. This char]ge will not be retroactive to any delivery orders or modifications issued prior to 8-2-00, nor will th~s change increase the contracl ceiling price.
c All other erms and conditions remain unchanged,

E.xccpl a~ pruvid~:d hcr~m, all feral,, and condidu.g oflhe d~wunleut [cferCllced m lltm O.~ or 10A, ~:i he~elolore changed, ffmmin~ ullchal~ged and m [hll fi)rcc a.d I 5A NAME AND Trrl.h OF SIGNER ('[ypc or ininl) 16A. NAMB AND TITLE OF (ONl RA('TING ()FI'IL'ER

ICH~ES B. FAHS .' ~CTING OFFICER

] ~g~e 61~'un~cting Ol'liccr~-~

30-105-04

S]ANDARD F()I~.M 30 IRcv I P~e~cnbed by far (,18 CFR) 53.243

AMENI)MENT ()1" S()IJCITA"
~ AM[:NI)MENTIMOI)IFI('A'TION N() P00002 t~ l,'qgt;ED 13~' DIRECTORATE OF CONTRACTING PC BOX 12748 COI)E

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S. PR()J[~,CT N(i.(Ifapplicahk.) ] TRIBAL

~ EFFEt'TI\,'E I)ATE 30-Aug.2000

4 REQUISITIONIPIIR('I4AS['. REQ Nil. ADMINISTERED fly tll'olhel than ilcm (,) DIRECTORATE OF CONTRACTING P.O. BOX 12748 ATTN: ATZS-DKO-I BETTY SEBASTIAN

CODE

FORT HUACHUCA. AZ 85670-2748 NAMI:~ ,',,Nil) ,\I)I)I,~ESS OF (?()NTRAI?TOR (No.. hncel. (?dIrer.,,. Ntale and Zip (it~d¢l MCLEAN RESEARCH CORPORATION TERRY GRIMM 6800 VERSAR CENTER SUITE 320 SPRINGFIELDVA 22151 COI)E IEQP7

FORT HUACHUCA. AZ 85670-2748 9A. A. MEN I ;M I::NT UI: SO LIt" rrATI(.)N qI3 I)A'I'EL)(SIsE ITEM II)
....

× IO~ MOI) t)F ('(JNTt~,A('Tt(}RDER NO DABT63-O0-D-0001
10B I')AT[':D iSE[: rrEM 13) [ FAt,'ILITY COI)E IEQP7

x 07-Dec-1999

I

13, THIS ITEM AI'PLIES ONL'~ r() MODIFICATIONS OF CON'rI¢ ACTS/ORIJERS. I°1" MODIFIES THE ("ONTRAf'TIORDER NO. AS I)ESCRIIIED IN ITEM 14 A THIS ( HANGE ORDER IS ISSUED I'URSUANT TO (Spcc~l)' ,~uthority) THE CItANGEg SET I:ORTH IN ITEM 14 ARE MADE IN THE C()NTRACTORDER NO. IN ITEM 10A tI.THE ,~I$()VE NUMIIEREI) ('ONTRACTKJRI)ER IS MODIFIED TO REFLECT THE ,~I)MINISTRATIVE CHANGES' (such as chauge~ m pa~mg ~3lfice. ap ~r,~pd:~l~on dale, ¢w.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43. I03(B) " " ~'HIS SUI'P[ EMENTAI..AGREEMENT IS ENTERED INTO P[IRSUANT TO AUTHORITY OF I).OTHER iSlx~'ily tyl)c uf mt~ificalion and authoHty~ ~ is not, ~ is ~cquiwd to ~ign this dncumcnl ;rod return cnptcs In the ~uing office

~

IMI:I)RTANT' (:unlraclo~

14. I)ES("RIIq'ION (')F AMENI)MENTiM()DII:II.'ATION (()rganl:ed hy U('P ,,eclitm htradil|gs, int'ludmg snlicilatll)rvtuntrJct stJhlccl mailer v, hi're feasiblc,~ a This modilicahon is toeing t~sued Io ~mplement the conlractor'~ change of name from McLean Research Corporalion Io Chonega Technology Services Ootporallon, and Io incorporate lhe altached change-el-name agreement. b All other Ie~ms and conditions of the contract remain unchanged. Po~t-it" Fax Note co ,'Dept. Phone #
Phone # Fa~ ~

7671

1%X N..\MF:..~.NO "FITI.[:, ()F gI(INEI~ (T),I:~C or prml) I SB ('t)N'I'R A('TI:'IR/OFFI:'I~()R (Nlgll;llllr~.' ul" pc~.-.un ,luthurlzed tu slgn) [LX£I:I'TII)N TO 5F t0 AIq'R()V[;I~ B'f ()IRM II

h'lA N J, ME AND TITLE C)l:: (o()N'I RACTIN(; ()FFICER ]CHARLES B. FAHS ~ CONTR..~TING OFFICER

I 3(}-1(I.'5-1|4

iS~gn~1~ue of ('onlr3cling ()llio:r)

29-Aug-2000 STANDARD FORM lO(kcv 10-83) PIc~,,zl ihcd FA!~ ~48 ('FR~ 53 243

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1" ANG :-()1 -NA, 1[" .g(IRLI:!MtiN'I"

I he C1--tENEGA TE()HNOI.O(IY SI~' RVICES CORPORAI ION, a corporation dul.',. Dr~anized and existing under the laws of Alaska, and the UNIT'ED STA'fES ()F AMERICA ~Go~ernment), enter into this Agreement is of 10 Augusl 2000.

{a)

The Parties ag,)'ee to Ihe :01 m~ing facLs'

The Government, represenled b3 various Contracting Officers, of lhc U. S (I) Army Inlbrmalion Command and Fort l luachuca, has entered into certain contracls and purcl~ase orders with MCLEAN RESEARCH CORPORATION, namely: DAlYF63-OS-D-O017 and DABI63-OO-D-0001 The te~m "the conlracts" as used in Ibis Agreement, meaus the above contracts and purchase orders, and all other contracts and purchase orders, including al! modifications made by /l~e Go~ernmenl and Comraclor belbre tile effective date of lids Agreement (~lmther or not pert~rmancc and payment have been completed and releases executed if the Government or lhe Co~ltrac!or has a~ly remaining rights, duties obligalions under d~ese conlracls and purchase orders).

The MCLEAN RESEARCH CORPORA|ION, Ib' an amendment to its {2) certificate of incorporalion, dated 10 August 2000, has changed its corporale name to CIIENF:GA I'ECIINOLOGY SERVICES C()RPORATION (3) This amendment accomplishes a change of corporate name only and all rights ~lnd obligations of the (.]overllltlent and of the Contractor trader tile contracts are unaffected by tiff:; change.
(4) Governmenl.

DocumcntaW evidence of this change of corpurate name has been filed ,,vifl~ tile

(b)

IN CONSIDERATION OF TIIESE FACTS, I tie PARTIES AGREE 1HAT-

Ihe cc, ulracts covered b.v this Agreement are mncnded by sub.,,tituting, the name (]) CHli~NEGA TI:.'CHNOLOGY SERVICES CORPORATION for the n~lme M(71.t~AN RF;SF. ARCII CORPORATION ,,,dlelevcr it appears in the contracts and.

(2)

Each party h,.ls executed lifts Agreement a' of the day m~d year first above

UNI°II-~I") ,R'I'ATES ()F AMERICA'

BY

"I-I II.I:
Post-it" Fax Note
To ........

7671

Dale

!pages

~ of

'vJ, L" aDd/ /. ,z
Co,

¢COI{POI~,A'I'I~. SEAL.)

Co..'Depl.

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CER! If:ICA i'E:

I, Barry S. Iless, cer~if'y thai I am lhe Secretary ot'C/-{ENEGA Tt)UI IN(.)I.OGY S[!RVICES COP, POI~.A I'ION: that Ferry t.. Grimm~ M~o signed this Agreemcnl l~)r this corporauon, was lhc~l ul:~tus corporalioa: and Ihal tlus Agreemenl was dub signed IOr in and on behalf of this corporation by authority oi" ils goverrling body and ~s Jthin the acope ~f its corporate power~ ~ ilness m) hand and thu* seal ot'lhis corpo~ lids 23 day of August 2000.

/'~ A ~r~;y.~% l Hess
(COR P(}I~.A 1 I; SEAt.)

/

Page: 2 of 2

Case 1:08-cv-00191-FMA Document 9-2 Filed 07/18/2008 It CON'~U.,~C'r IDof 64 Page 44 COU~ AMENDMENT OF SOLICITA'~ 'N/MODIFICATION OF CONTRACT
f'AM EN DMENTiMODIFICATION NO. P00003
~' ISSIIED BY CODE

PAGE OF PAGE.'~

4 REQUISITIONIPURCHASE' REQ. N() 27-Nov-2000

I

J

] 5 PROJECT NO (If applicable) ] Tri!:~l
CODE [

DIRECTORATE OF CONTRACTING P.O. BOX 12748

ADMINISTERED BY (Ifothel thau item 6) DIRECTORATE OF CONTRACTING P.O. BOX 12748 A'I-FN: ATZS-DKO-I BETTY SEBASTIAN

FORT HUACHUCA, AZ. 85670-2748 .......

...

FORT HUACHUCA,,AZ 85670-2748 9A AMENDMENT OF SOLICITATION NO. 91t DATED (sEE ITEM l l)

Incorporated
X IOA MOD. OF CONTRA(.'T/ORI'tER NO. DABT63-O0-D-0001
10B I)ATED (SEE ITEM 13) (.?ODE 1EQP7

FACILITY CODE 1EQP7 X 07-Dec-1999 11 THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
r-] is extended, [.1] is ,lea ex,ended.

[-'-] Die atmve rain,bored ~,ol,.:,latio,, ,~, amended as set forth in Item 14. I'he Iraur algl dale Sl.'ccified tin receipt o! Offer

Oilers must ~~cknuwlcdgc ,eceipl of this amendng'nt prim* to the hour aod date specified in the solicitation or a.s ,m~ended by one of the follov.ing lncthods' (a) By comph:lmg lit'ms 8 and 15. and returning copie~ of the document; (b) By ttcknowledgin$ receipt of this an'azndmeat on each copy of the offer submitted: or (c) By separate letter or trlegnm= which ll~lude,~ a referrrtc~ to the xolicitalion and amendment numbers. FAll.tIRE OF YOUR ACKNOWLEDGMENT FO BE RECEI~, ED AT 1HE PLACE DESIGNATED F'OR "IHE RECEIIrl OF OFFERS PRIOR TO TIlE ItOUR AND DA'IE SPECIFIED MAY RESULT IN TIlE REJI.:.C'I'ION OF YOUR OFFER. If by wrtue of this amendment you desire to change ;an offer already sohmitted, such change may be n,,ade by tdegram or leuer. peru, ideal each telegn~m or letter nuikes refemnr.e to the sohcitalJon ~uul this amenchnenL algi is ng¢~ved prior to flu: (~.uung hour and dale specilied. 12. ACC(')UNTING AND APPROPRIATION DATA (If requited) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS' OF CONTRACTS/ORI)ERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14, A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTtt IN ITEM 14 ARE MADE IN THE CONTRACTORDER NO. IN ITEM IOA.

B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT TIlE ADmINiSTRATIVE CHANGES (such as changes in paying office, approprialion da,te, etc.)...~F.T, FQRTH IN ITEM 14, PURSLIANT TO THE AUTHORITy .OF FAR 43,~0~1m.
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO ALITHORITY OF:

x D.OTHER (Specify" type or modificati0~ and'authority) E IMI~)RTANT: Contractor

FAR 52.217-9, Option 1o Extend the Term of the Contract

~ is not, ['--] is required to sign this document and return

copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings. ,ncluding solicitation/o:mtracl subject matter v, here feasible. ~ a. This modification is being issued to exercise Option I on the above contract. As a result of this a~on, the period of performance for Option 1 ts 1 February 2000 through 31 January 2001. All other terms and conditions remain unchanged. b. In addition, the total value of the contract is hereby increased from $20,000,000.00 by $20,000,000.00 to $40,000,000.00.

I:xC,zpl asl:,rovidcd. ,!~l~rg,{llI all terms and co,dilion~ of the docUIIlefit relcrell,~.ed Ill { cm 9A or I0A i,s herelolore Chiffl]Rt~dI P2nltllllS tlncl~allKcd and in lull Iorc¢. and eft, st 15A. NAME AND TITLE OF SIGNER {Type or print) 16A. NAME ANt) TITLE OF CONTRACTING OFFICER (Type or penni) CHARLES B. FAHS / COI~T~IACTING OFFICER 15B CONTRA(TOR/OFFEROR 15C, DATE SIGNED

IOC DATa'SIGNED (. Ignatare of ContraCt,he Officer)
30- 1054)4

...... (Signature of person authorized Io s,gn) EXCEIrI'ION TO SF 30 APPROVED BY OIRM 11-84

27-Nov-2000
STANDARD FORM 3(I (Rev, 11)-83) Prescribed by GSA FAR (48 CFR) 53 243

~-'--'-~--

Case 1:08-cv-00191-FMA

AMENDMENT OF SOLICITAT
AMENDMENT/MODIFICATION NO P00004 ISSUED BY DIRECTORATE OF CONTRACTING P.O. BOX 12748
CODE

Document 9-2 Filed 07/18/2008 . CON FR,\('T ID of 64 Page 45 CODI:. N/MODIFICATION OF CONTRACTI]~ 1
08-Jan-2001
7 ADMINISTERED BY (If other than item6) DIRECTORATE OF CONTRACTING P.O, BOX 12748 ATTN: ATZS-DKO-I BETTY SEBASTIAN Mission ('ODE

PAGE OF P.A(I]:.S

3 EFFECTIVE DATE 4. REQUISITION/PIIRCHASE REQ NO

PROJECT NO.Of applicable)

FORT HUAGHUGA, AZ" 85670-2748 NAME AND ADDRESS OF CONTRACTOR (No.. Street. County, Slate and Zip Code) MCLEAN RESEARCH CORPORATION TERRY GRIMM 6800 VERSAR CENTER SUITE 320 SPRINGFIELD VA 22151 CODE 1EOP7

FORT HUACHUCA, AZ 85670-2748 AMENDMENT (IF SOLICITATI0'N NO. 98, DATED (SEE ITEM I I) 10A. MOI). OF CONTRACT/ORDER ~O. X DABT63-00-D-O001

lOB DATED (SEE ITEM 13) X 07-Dec-1999 1EQP7 FACILITY CODE I I. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Offe~ mu~t ~knowlrdge m~ipt of O~is an~nd~nt prior to ~ hoar ~d ~te fl~ified in ~ ~llcilation or as amen~d by o~ of ~e following n~ ~al By completing Imms 8 and 15. and ~emnung ~pies of ~ d~un~nL (b) By ac~wlcdging ~c¢ p )f~is alr~ ~n~nl on each copy of Sr offer subnaned; ~ (c) By ~[~te letter or lele~i~ which i~lu~s a ~l'ere~e to ~ ~licitauon a~ a~,~enl num~ FAILURE OF YOLIR ACKNOWLEI~bI~$ I'O BE R~'[~I~ED A[ I~tE PLAUE DESIGNATED FOR THF RECEIFF OF O~RS PRIOR "[O THE HOUR AND DATE SPECIFIED MAY RF~Ut.T IN THE R£JECTION OF YOUR OIT:ER. If by virtu~ of a~is an~.d~nt y~ ~su~ to change an offer alma@ submitted, s~h change may ~ ~ by lele~am ~ letter. provi~d each ~lc~am ~ lencr nmkes mfe~nce to ~ ~lic~lation and ~i~ an~nd~nt. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13, THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS IT MODIFIES THE CONTRACTIORDER NO. AS DE, SC.RIBED IN ITEM 14 ATHIS CHANGE ORDER IS ISSLIED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM B, THE A~'0VE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTR'A°rIVE CH,~NGES (such as changes in paying office, a ~ ~roprtatioo dale. e~.l SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(B'l. It , C,THIS SI.W'PLEMENTAL AGREEMENT IS ENTERED INTO PtlRSUANT TO AUTHORITY OF: X "D,OTHER (Speciiy type o1" modificat, on and authority) Far 52.217-9, Option to Extend the Term of the Contract E IMPORTANT' Contractor r~ is not. r-] is required to sign this document and ~ctum copies to d~e issuing offit.'e

14 DESCRIFI'ION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject mailer where fea.~ible.) a. Modification PO0003 of the contract exercised Option I. However, the period of performance for Option I was erroneously stated, The correct period o1 performance fo~ Option 1 o! this contract is 1 February 2001 through 31 January 2002. b. All other terms and conditions remain unchanged.

t:xccpt t',~ pro,,ided herein, all term~ imd condilion,~ tff fl~ tloct]~r~!nl =efe~enced in Item 9A or IltlA~ as I,xretoror~ d~anged= remam~ m~chanfied and in ful! force, and dlect 15A. NAME AND TITLE OF SIGNER fTyI~ or print) 16A NAME AND TITLE OF CONTRACTING OFFICER ('l'),|~r or print) 15 B. CONTR ACTOR/OFFEROR (Signature of peak, on uulhonzed to s~gn) EXCEPTION "IT) SF ]0 APPR(-)VED BY OIRM 1 l-g4 15C, DATE SIGNED CHARLES B FAHS / CONTR~.-..-TING OFF!CE,R,, 168.JJ.N-f~ED STATES.OF~A'-ME~P.JC".,~....:- " ~Y 3ff 105-~ ~:~ ~ ~ 1 ( .... (Signalurc of Conln~clmg OI ,~..-~---- ' /~ 1~ DA'~ SIGNEr) 08-Jan-~l

...~.-- ~

STANDARD FORM '3b (Rev 10-8'3.~ t~e~cri~d by GSA FAR ~48 CFR)5] 243

AMENDMENT OF SOLICITA
,~ AMENI)MENT/MODIFICATION NO. PO0005 DIRECTORATE OF CONTRAGTING PO BOX 12748

Case 1:08-cv-00191-FMA N/MODIFICATION OF" CONTRAC'I Document 9-2 Filed 07/18/2008
3. EFFECTIV E DATE 09-Jan-2001 4 REQUISITION/PURCHASE REQ

Page 46 of 64
5 PROJECT NO.(Ifapplicable) Tdbal - Mmsion
(::OI)E [

7 ADMINISTERED BY (If other lhan item 6) DIRECTORATE OF CONTRACTING P.O. BOX 12748 ATTN: A'I-ZS-DKO-I BETTY SEBASTIAN FORT HUACHUCA, AZ 85670-2748

FORT HUACHUCA, AZ 85670-2748 8 NAME AND ADDRESS OF CONTRACTOR (No, Slrcel, ('ounty, SI~le and Z,p Code) CHENEGA TECHNOLOGIES SERVICES TERRY GRIMM 6800 VERSAR CENTER SUITE 320 SPRINGFIELD VA 22151 (:ODE 1EQP7 r--].l-he

AMENDMENT (IF SOLICITATION NO

10A. MOD (.IF CONTRACT/ORI)ER NO × DABT63-O0-D-0001

IFACILITY CODE 1EQP7

10B. DATED ISEE ITEM 13) X 07-Dee-1999
is

11 Tills ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ~ of Offer ~ is ~ Offers mus~ ~k~owletlge ~eipt el Otis ;tn~n~nl pri~ to the h~r ~d dat~ s~ifi~ m fl~ ~olici~tion or as un~n(~d by o~ of t~ fullowmg n~$~s: (a) By complellng Items g and 15. and ~lurning c~ies of Ihe d~lt~nl: lb) By acknowl~ging ~cipt of Ilus aJ~l~a{ on ¢a~ ~y of II~ el for submtllcd; or (c~ By ~t~n~ let~r or lel~am ~hich ~lu~s a ~ef~e~ to file ~licitation ~d a~n~n~nt num~*~ FAILURE OF YOUR ACKNOWI.Eg~qMENT TO BE RECKIVED AT Tile PLACE DF.~IGNATED FOR THE RECEI~" OF OFI~RS PRIOR TO THE HOUR AND DATE SPECIFIED MAY R~UI. f IN THE RFJEL~rlON OF YOUR OF[~R If by virtue of this a~nd~ut y~ desi~ to cha~ge an offer ah~ady sub.tied, such change may ~ nul~ by ~legram or letter. provided ea~:h telegram t~ letter ~kes rctkre~ to the ~liclla~ofl dud flus ~ndn~nt, and i~ ~eived pri~ Io ~e o~nmg h~r and ~ ~ihed numlx:~ed solieualion is al~'l~d~td ~l f~lh in II~m 14 lhe h~r and date

12, ACCOUNTING AND A PPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT~oRDERs'.-IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE (.:HANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

x B THE ABOVE NUMBERED CONT