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

Case 1:07-cv-00827-NBF

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EXHIBIT 1

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SOLICITATION, OFFER AND AWARD I. This contract is a rated order under DPAS (15 CFR 700) RATING: 2. CONTRACT NO. 3. SOLICITATION NO. WO-00-01 4. TYPE OF SOLICITATION [ ] SEALED BID (IFB) 5. DATE ISSUED [X] NEGOTIATED (RFP) 6. REQUISITION/PURCHASE NO. 6300-4 CODE: 3187 8. /iDDRESS OFFER TO (If other than Item 7)

11/29/99
7. ISSUED BY

USDA, FOREST SERVICE ACQUISITION MANAGEMENT PO BOX 96090, ROOM 707, RP-E WASHINGTON, DC 20090-6090

NOTE:

In sealed bid solicitations, "offer" and "offeror" mean "bid" and "bidder". SOLICITATION

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in , unti! 4:00 pm local time on December 3, 1999. CAUTION--LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. i0. FOR INFORMA- A. NAME: TION CALL: Infra Project

C. E-MAIL ADDRESS roberta.buskirk/[email protected]
EXCEPTION TO STANDARD FORM 33 (REV.9-97) Page 1 of 68

B. TELEPHONE NO. (Include Area Code) (NO COLLECT CALLS) 205-1409
Prescribed by GSA FAR (48 CFR 53.214(c)

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SOLICITATION, OFFER AND AWARD ii. X SEC A B C D E F G H I J K L M TABLE OF CONTENTS

DESCRIPTION PAGE(S PART I - THE SCHEDULE SOLICITATION/CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/COSTS DESCRIPTION/SPECIFICATIONS/WORK STATEMENT PACKAGING AND MARKING INSPECTION AND ACCEPTANCE DELIVERIES OR PERFORMANCE CONTRACT ADMINISTRATION DATA SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS INSTRUCTIONS} CONDITIONS, AND NOTICES TO OFFERORS EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offeror)

NOTE:

Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, -to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOIINT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

I0 CALENDAR DAYS %

2 0 CALEh~DAR DAYS %

30 CALEND~iR DAYS

%

CALENDAR DAYS %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated: AMENDMENT NO. DATE AMENDMENT NO. DATE

EXCEPTION TO STANDARD FORM 33

(REV.

9-97)

Page 2 of 66

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SOLICITATION,

OFFER AND AWARD 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN (Type or Print)

15A. NAME AND ADDRESS OF OFFEROR

15B. TELEPHONE NO. (Include Area Code) 15C. [ ] CHECK ZN REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOiINTINGAND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: [ ] i0 U.S.C. 2304(c) ( ) [X] 41 U.S.C. 253(c)(5) ITEM Block 7

23. SUBMIT INVOICES TO ADDRESS SHOWN IN --> (2 Copies unless otherwise specified) 24. ADMINISTERED BY CODEI (If other than Item 7) USDA, FOREST SERVICE ACQUISITION MANAGEMENT PO BOX 96090, ROOM 707, RP-E WASHINGTON, DC 20090-6090 26 . NAME OF CONTRACTING OFFICER (Type or Print)

25. PAYMENT WILL BE MADE BY

mODEl

I

USDA, FOREST SERVICE ACQUISITION MANAGEMENT PO BOX 96090, ROOM 707, RP-E WASHINGTON, DC 20090-6090
28. AWARD DATE

27. ~. ~TE~STATE OF AME.RIC.A Smgna ure o ~.~'~t < f f icer ,/<~t~~C onnrac ing

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized officia! written notice. EXCEPTION TO STANDARD FORM 33 Page 3 of 66

Case 1:07-cv-00827-NBF WO-00-01

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PAINT I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Page 4 of 66

Case 1:07-cv-00827-NBF WO-00-01
B.I

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AGAR 452.216-73 MINIMUM AND MAXIMIIM CONTRACT AMOiINTS (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of no minimum, but not in excess of $i,000,000.

B.2

AGAR 452.216-74 CEILING PRICE

(FEB 1-988)

The ceiling price of this contract is $ The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified her~in, except at the Contractor's own risk.

Page 8 of 66

i Case 1:07-cv-00827-NBF

Document 9-2

WO-00-01

Filed 02/05/2008 Page 7 of 34 Section C

SECTION C -

DEScRIPTIoN/S~ECIFICATIONS/WORK STATEMENT

Page 9 of 66

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STATEMENT OF WORK FOR USFS INFRASTRUCTURE PROJECT MIGRATION

1.0 OVERVIEW AND SCOPE 1.1 Overview. The United States Department of Agriculture Forest Service (USFS) has invested over $6.0 million toward the completion of the Infrastructure Integrated Information System migration project. The goal of this project is to develop, implement, maintain, and engineer applications to enable the migration of USFS automated management information systems from legacy mainframe, microprocessor and data base environments to a client-server POSIX environment with over 900 client sites. The migration project is led by a development team which responds to tasking from the USFS business program area manager. It is required to ensure that all essential capabilities provided by legacy systems are maintained mnfil the migration to the goal architecture is complete. The project is focused on these areas: * Infrastructure Inventory Records * Real Property Control and Management * Capital Asset Accounting * Permit and Contract Administration * Developed Site/Recreation Use Tracking * Travel Management 1.2 Scope. The USFS development team requires contractor assistance in continuing the design, beta ¯ testing, and USFS-wide implementation of the IBM-based R~SC 6000 goal architecture. Technical assistance is required in the preparation and assessment of entity relationship modeling, model and form reconciliation, model stewardship, and coordination among members of USFS development teams. Additional assistance is required in the operation, maintenance, and technical enhancement of the existing Data General-based legacy system due to heavy reliance placed on it throughout the USFS for resource management and execution of routine business processes. This statement of work (SOW) solicits engineering services in these critical project areas to support the USFS Program Manager directly and development teams as required. 2.0 APPLICABLE DOCUMENTS AND DATA. None 3.0 MIGRATION ASSISTANCE. Contractor support will be focused in business process and technical areas and will be complemented by extensive liaison with USFS business area managers in the fields of real property, trails and roads, wilderness land management, facilities management, and other special use requirements to ensure the availability of data and automated services throughout the migration process. Technical expertise is required in: * The selection and utilization of data modeling tools to perform entity relationship modeling, model reconciliation with other USFS development projects, assignment of data and data model stewardship, and coordination of design efforts among various USFS entities. * The utilization of Oracle data base tools for forms development and maintenance, reports development and maintenance, data migration support, SQL scripts, and other programming efforts as assigned.

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* The development of geographic information systems (GIS) and engineering of component applications for business processes and data related to facilities, travel routes, and other real property information to ensure that GIS functionality is fully integrated into the migration goal architecture. * Provide support to the completion of migration goal architecture beta testing and fielding as requested by the Infrastructure Migration Program Manager. * The operation, maintenance, and technical enhancement of the existing Data General mainframe automated information system * The creation, maintenance, and reproduction of all briefing and presentation materials normally associated with the facilitation of conferences and management of project schedules, budget, and personnel data bases. * Perform other tasks as may be directed by the Infrastructure Migration Program Manager; such as, assisting in quality assurance tests, Beta tests, data warehousing and web enabling technology. 4.0 Points of Contact
4.1

Contracting Officer Roberta Buskirk USDA, Forest Service Acquisition Management PO Box 96090, Room 707, RPE Washington, DC 20090-6090 (703) 605-4823

4.2

Contracting Officer's Technical Representative Mr. Tah Yang USDA/US Forest Service Recreation Staff PO Box 96090 Washington, DC 20090-6090 (202) 205-1409

Period of Performance: The Base Period of Performance will be from the date of award until September 30, 2000. Option Period One is from October 1, 2000 through September 30, 2001. Option Period Two is from October 1, 2001 through September 30, 2002: The government, at its option may renew this contract as needed. Government Furnished Equipment: The Government will provide contractor personnel with electronic access to the IBM RS/6000 computing environments for the purpose of information exchange relevant to application implementation activities. Other Direct Charges (ODC): ODC will be authorized for travel under this contract. Any and all travel must have prior approval from the Contracting Officer's Technical Representative and must comply with Federal Travel Regulations.

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United States Forest

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Washington Office

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Department of

Service

Agriculture

14th & Independence SW P. O. Box 96090 Washington, DC 20090-6090 File Code: 6320 Date: October 27, 1999

U.S. Small Business Administration Atm: Pamela Hale Business Opportunity Specialist Washington District Office 1110 Vermont Avenue, SW, 9th Floor Washington, DC 20043 Dear Ms. Hale: Pursuant to Section 8(a) of the Small Business Act and in accordance with Federal Acquisition Regulations, the USDA Forest Service requests approval to enter into a contract with the U.S. Small Business Administration utilizing approved 8(a) subcontractor, Pixel Inc., 8245 Boone Blvd., Suite 200, Vienna, VA 22182. This procurement action is for acquiring technology engineering and technical assistance services in support of the Forest Service's Infrastructure project. This is an on-going nation-wide project which will provide an integrated information environment for the management of Forest Service land, the constructed features on it, and the pem~ts and contracts that alter it. The principle objectives of the program are to comply with the Information Management Framework principles to record data once for use by many, and to capture data as a routine part of doing business. It also seeks to provide a means whereby performance measures can be assigned and tracked to ensure accountability. The contractor shall provide individuals with the necessary qualifications and experience requested on an as-needed basis. The period of performance for this contract will be a base period of one year with two option periods of one year each. The estimated value of the base' contract is $1,000,000. Total estimated cost for the project is $3,000,000. The resultant contract will l~'e farm fixed price. The SIC code applicable to this project is 7371, Computer Programming Services. This requirement has not been synopsized or otherwise announced to the public. If you have any questions, please call me on (703) 605-4823.

ROBERTA R. BUSKIRK Contracting Officer Acquisition Management

Case 1:07-cv-00827-NBF

Transmission ~_,ver Sheet

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The U.S. Small Business Administration offers opportunities for al! Americans to start, build and grow their own businesses in the 21st century.

Did you know tha~ in fiscal year 1998 the SBAPhone: Date: .. Fax: Time.
maintained a g~aranteed loan portfolio of more than $40 billion in loans to 491,000 small businesses that o~erwise would not have had such access to capital? backed over 47, I00 loans totaling a record $I0.8 billion to America's small busine~es?

Number of Pages (including this page):

made a record 3,456 investments worth $3.24 billion through its venture capital program? provided more than 30,000 loans totaling more than $728 million to disaster victims for residential, personal-property and business loans?
extended management and technical assistance to nearly 830,000 small businesses through ira 12,400 Service Corps of Retired Executives volunteers and 1,000 small business development center locations?

Phone:

Message:

helped 6,000 smal! disadvantaged businesses obtain $5.9 billion in federal contracts?

Did you know that America's 23 million small businesses employ more than 50 percent of the private
workforc~,

generate more than half of the nation's gross domestic product, and are the principal source ofnewjobs?
Note: 8e aware fax m~aine~ using thermal Ira~r produce an uoztable image which will d~t~ora~e. COlW mez~ onto plain pater pri~r ~ fi!h'~ as a record!

Call us at 1-800 U ASK SBA or visit our website at www.sba.gov

CONFID .ENIZALITY NOTE: The information contained in tiffs facsimile transmittal sheet a~d the doctmmat(s) ~at foIIow are f~r the exclusiv, the offl~ add~s~ and may ¢~ntaia information pmte~ed by the Privacy Act, 5 U.S_C. 552a,. or otherwise ~fidaatiat, priv~a~l, or 'acraMisdosab~ information. Iftt~ reclpi~az of fflL~ f-a~simiI¢ [g not th~ add~e~ or is t-tot file lx:i'~on ~-'~on$~lc ~r delivering th~ faesim~¢ to the ~ddressee, ffa= recipient may v~o/am abe law by reading phomcopylng, distributing or othetwize u~ing ~ facsimile traasmi~sion or its eontemz in any way. If tim recipient has received this fa~imilo transmission in error, call tlx: sending office immexfiatdy. Form 959 (04499) Previous editions obsolete

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U. S. SMAIAL B!SSiNESS AI)MINIS~TION WASHINGTON DISTRICT OFFICE Ili0 VERMONT AVE NW, 9th Floor
WASHINGTON, DC 20043-4500
202-.606-~000 *, 202406-~22.';; (FAX) - 202406-4240

NOV I 8 I999
Ms. Koberta R_ Buskirk U.S. Department of Agriculture Acquisition Management I4~ & Independence, SW P_O_ Box 96090 Washington, DC 20090-6090
REFERENCE: W'DO Requirement No. 0353-00-000392

Dear Ms. Buskirk: Pursuant to Section 8(a) of the Small Business Act [15 U.S.C. 637(a)], and the Memorandum of Understanding for Streamlined 8(a) Contracting; the U.S. Small Business Administration (SBA), Washkngton District Office, accepts your offering for '~Aequiring technology engineering and technical assistance services" with S~C Code 7371 on behalf of:

Pixl, Inc. 8245 Boon Boulevard, S~tite 200 Vienna, VA 22182
The estimated value of this procurement will be $3,000,000.00, inclusive of all options. Our preliminary analysis indicates that this requirement is suitable for 8(a) contracting, and that Pixl, Inc., an 8(a) Participant~ has the requisite capabilities to satisfactorily perform the work. A determination has been made that acceptance offltis procurement wilI cause no adverse impact on another small business concern. You are authorized to negotiate and conn-act directly with the 8(a) Pa~cipant; however, SBA reserves the right to be present at an Agency's negotiations with the 8(a) Participant. You are required to execute and distribute one copy of the contact award pae~e to our ot~ce within 10 da~s of Final signature. Please reference SBA Acceptance No. 0353-00-000392The servicing SBA District Ot~ee, shall upon request, be available to assist the program participant in contract administration. This office will also perform on-site contract surveillance reviews, ifnecemaiy., to ensure compliance, identify problems and recommend corrective actions. Questions relative to contract irfformation may be directed to the undersigned at (202)606-4000, extension 232 or via E-mail to [email protected],

Virginia Bellamy-Grah~a Supervisory Conla'act Specialist 8(a) Business Development

"Small Business Means Jobs"

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EXHIBIT 3

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I
IB-DEC-2002 t ....

UNITED S'FATES OEPARTMENI! \GRICUI.TURE PURCHASE ORDE,,.

USDA FOREST SHIP TO P.O, BOX 96090

0 01

3,336,00

143.0000

02 O3 2~4o oz 2e~.ooo~ h 1,~68.000[ h 1,668.000~ h 07 25~0 01 1,~68.000~ h 2540 Ol 1,668.000~ h 7~.B000 Z~7.0000
$215,196.00

no~.oooo %07.0000 57.0000
$95,076.00

;540 o]. 06 ~540 01

~ub-To(aL DESTINATION
lip VIA

$~o,788,550.00 $I,7S~,550.00

.~ 0

30-SFP-~GO3

TX2 ~

O0

I
USDA ~ORF, S~ S~RVICE, Vlv~an Mc.ph~=on W/~H~NGTON OC 200~;0-6090 CCNT~CTIN~ OFFICER e~: 703-~05-5~00

~T9 VERB~ON0~J~0~)

NFC/FILE COPY

~.=u,'-.~o:~

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M!dLevel OperSuDSSpe~., #PIXL-00-40, (A.Akula)

Sub.TotaL DEST!NATIOH XOTAL
30-9EP-2005
B

$I,788,550,00 SI,788,550.00

v~vlan Mcpherson

703 -605-~5~7

~'a,N':~o ~Y

OPSSVMCPHERS NFC/FILE COPY

703-60__E...~I00

"r.~ V~RS'ON~O'~,W~)

Case 1:07-cv-00827-NBF
8113112888 87:57 7836855188

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PAGE

RECEIPTOR NOTES

REMIT ADDRESS VZD: 541703062

P O BOY.. 230505
~0120

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"" ~ nc~PJ~-o3-2

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PAGE 85

7836855188
UNITED STATES DEPARTM 3F AGRIOULTURE PURCHASE ~, A

~URCHABE

I SUB S~F-:81 UNIT CODE FUND ODE! ORDER NUMBER ~3-3~@7-3-03S51 06 , TAXPAYER'S~DENT. NO. 54-1703062

I

CONSIGNEE USDk ~'o~es~. Service SHIP TO A~tn: ~ah Y8~ ~. 800 KPE Arlln~£~n VA US Z2209 FHONE~ {705) 60~-4~37 EXT~ EMAIL-AODRESS LINE ACT ~ TEM CODE~ .... ~ ~OR NO~S oi ~Sr Sy=~em Ana!~ ~z~, ~PIXD-00-4, Ren~l Perioe ~ Per~ncm %0/1/2002 £h~ 20 ~005 o~ 03 o4 05 o6 07 o8 09 F~B P~INT
~S?~NAT~ON REQUIRED DELIVERY DATE 30-D~C-2003 ~CDOUNTING CLASSIRCATIO~

DESORIPTfON

.

¯

BUDGET ACC OBJECT ILIN[

QUANTITY

UNIT PRICE

AMOUNT

25~0

oi

83~.00(

~.~ 43, oooc

2540

ol

83~.000 h 834.000 h $109.000¢ $~03.000C 144.001 h 8~.001 h $io~.ooo~ SST.0000 SlaT.0000

s53,376,00 $90,906,00 S14,832.00 $89,238.00 s!~,538.00 $~21.598,00 $59.631.00

2540

~y=~c-~8 In~e~Frati~n SPe¢, #P!XL00-30, T.Himon~ Doc/Trng SDe¢ial~,$t,#~XL-00-3~ (J,Cowlesl

2540

~3¢.001 h 83~.o0Q h

83~.001 h
.83~.00t h

$131.00001

5109,25~.0o

OlSCOUNTANO/OR N~I" PAYMENT TERMS NET DAYS DAYS DAYS

COMMODITY/ i PAYMEN'F ~ 0 ESTIMATED FREIOHT

Sub-TolZl

TOTAL

ACC 01 03

A

o
TX.~4 Ov~zrlde: TX2 &

D

E 00 00 00 O0

AMOUNT

¯ 2.

NFLM26H NFTM21}I

SI.987,513.00 $503~388.00 SRT. 000.00 S100,000.O0

"ISSUING OFFICE USDA Fores~ Sc~v%ce ~.6~I N. Kant ~. SO0 ~rl~n~n VA PHONE; 170~} 605-463~ FAX: EX3":
PRINTED BY OPSSV'MCP~II:'R$ PTS VERSIONS08!1

~ ORDERED BY ( NAME AND TITLE}

/:

//

2

!/ .

NFCIRLE COPY

i I-AUG-2003

Case 1:07-cv-00827-NBF
81131/2888 87:57
AGENGY IPOR USE ONlY PAGE t RED OFF TYPE PURCHASE CONTRACT NUMBER

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7836855188
UNITED STATES DEPARTM" OF AGRICULTURE - PURCHASEd A ORDER DATE
S:-~2B I UNIT CODE 01

PAGE 85

FUND CODE ORDER NUMBER

~-3187-3-0395
FORM 10g~ ,¥

SUB O~

i

TAXPAYER'SIDENT, NO.

54-!7030~2

CONSIGNEE ~DA F~re~t ServE~e SHIP TO

EMAIL-ADDRESS LINE[ ACT ITEMI COPE

o~ f.tcerepixt Lnc. tom DESCRIPTION UNIT PRICE $67,000oI $I0,000.0000/ AMOUNT S55,878.00 $I0,000.00 S15.000.00

~idb~v~l OpenSupcSpec, #~£XL-00-~0, [A,Akulal

11

Authorized by Progr.~1% F~naq~r., ~o be £n accordance =~h Ped~rol Travel ~equlation$ IPTR) DDC's

~3DIT~OMAL FUNDS 14

SgO0.000,0000 .e,300 , 000,0000

~900.000.00 S300,000,00

15

$503,3~8.000( S27,D00.0gQ~

$27,000,00 $100,000.00

17

5100,000.000C

-~oa
DZST[NAT£ON REQUIRED DELIVERY DATE 3~-D~C-2003

DISCOUNT AND]OR NET PAYMENT TERMS NET DAYS DAYS DAYS SHIP VIA

TYPE COMMODITY,' PAYMENT ,~i~- 0
ESTIMATED FREIGHT

SulPTo~al
TOTAL ~-

$2,617,901.~ ~2,617,901,~

ACCOUNTING CLASSIFICATION ACC Ai E ofST % AMOUNT

O~DERED BY INAME AND T|TLE) Vlvia& Mcphersun CONTRACTING OFFICER
PHONE:703~605-456? EXT: FAX: 703-605-B!00 EXT; PRINTED BY O?5$VM~PHE~ PTS VERStON(08i1999) NFCFILE COP%'

AUTHORIZED SIGNATURE

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A~N

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P~GE 87

7836855188

43-3187-3-0395

PURCHAS~N~ ~OTES

~NC 23O505

CENTKEVILLZ 7032881930

VA

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EXHIBIT 4

Case 1:07-cv-00827-NBF
United States Department of Agriculture
!

Forest Service

Document 9-2 Washington Office

Filed 02/05/2008

14th & Independence SW P.O. Box 96090 Washington, DC 20090-6090

Page 22 of 34

File 6320-1 Code:
Subject Contract Award INFRA PROJECT

To:

PIXL Inc 10565 Lee Highway, Suite 302 Fairfax, VA 22030

Congratulations! Your proposal dated 3/22/2004 in response to RFP WO-04-09VM is accepted. Award of Task Order number 43-3187-4-1017 in the amount of $998,000, written against 8(a) contract number 53-3187-4-6006, is made to you for performance beginning 01 May 2004 thru 30 Sept 2004, as the base year, with two option years (ending 30 Sep 2007). Please refer to this Order number in all correspondence. A signed copy of the agreement will be mailed to your shortly. Mr. Tah Yang is the designated Contracting Officer Representative. He can be reached at (703)605-4,,571 or email address [email protected] to respond to your technical questions. All contractual questions are to be addressed through Acquisition Management Office (AQM). You are encouraged to contact our National Finance Center (NFC)to ensure that your company is enrolled in vendor Express for EFT payments with the USDA Forest Service. An SF 3881 is being provided. You can contact the Miscellaneous Payment section at NFC by dialing 1(800)421-0323; to ensure your banking information is correctly set up. Once you have ensured that a valid vendor record has been established, please notify this office. For prompt payment, please forward all invoices to the program office. Payments will be made by Forest Service Financial Mana.gement Services. Also, make sure that your company information is updated in Central Contractor Registration (CCR) database. That website is www.ccr.gov. If you have any questions during performance of this contract that cannot be handled by Mr. Y" i " ddress [email protected]

VIVIAN MCPKERSON Contracting Officer

Caring for the Land and Serving People

Pdnted on Recycled Paper

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EXHIBIT 5

Case 1:07-cv-00827-NBF
i REC CFF PAGE OF 5 1 3187 TYPE PURCHASE DELIVERY TO: 10201 LEE HIGHWAY FFIS VID NUMBER: FAIRFAX VA US 22030 PHONE: 703-288-1930 EXT: 703-288-1931 EXT: FAX: EMAIL-ADDRESS LINE I ACT I ITEM~ CODEi, i DESCRIPTION CONTRACT NUMBER 53-3187-4-6006

Document 9-2

UNITED STATES DEPARTM~/- .... ; AGRICULTURE PURCHASE Filed 02/05/2008 Page

24 of 34
1 i SUB 05

i ORDER DATE 24-MAY-2005

i SF-281 I UNITCODE i 24

FUND CODE I ORDER NUMBER ~~''' 43-3187-4-1017 TX ~ FORM 1099 Y I I

TAXPAYER'S IDENT. NO. 54-1703062

CONSIGNEE USDA Forest Service SHIP TO

P.O. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC US 20090-6090 PHONE: 703-605-4778 EXT: FAX : EXT : IBUDGETIACC QUANTITY iUNIT! UNITPRICE IOBJECTiUNE AMOUNT

.i'.SSUEl ...........................................

VENDOR NOTES sub05 The purpose of this modification is to i~iclude Lhe Option Year Verbage pending notification to the vendor whether the Government intends to exercise the Optiona! Periods. Option Yepr III, Period of Performance: 10/01/06 09/30/0~ " " .. Option Year IV, Period of Performance: 10/01/07 09/30/08.

Sub05, Option Year 3, Period of Performance: i0/0~/06 09/30/07. Option Year 4, Period of Performance: 10/01/07 09/30/08. The purpose of this modification is to deobligate funds from line item 6. i. As a result of this action the total dollar amount of this purchase order is hereby decreased from $3,131,370 by $400,000 to $2,731,370. 2. All other items remain unchanged. FOB POINT I DISCOUNT AND/OR NET PAYMENT TERMS DAYS DAYS NET SHIP VIA 30-DEC-2004 ACCOUNTING CLASSIFICATION ACC TYPE COMMODITY/~=~i $2,731,370.00 Sub-Total

DESTINATION'ID|AYS

3 0

IPAYMENT -~1~ 0 TOTAL $2,731,370.00

U_N.E
02 03 04

I

C

D

E

DIST, %

AMOUNT

NFIM30 O '~ NFXFA5

00 00 00

$285,000.00 $700,000.00 $350,000 . 00

ISSUING OFFICE USDA Forest Service P.O. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC 20090-6090 PHONE: 703-605-4778 EXT: FAX: EXT: PRINTED BY O~$Lc~R~ PTS VERSION(08/1999)

ORDERED BY ( NAME AND TITLE) Lawrence Carter

Contracting Officer

PHONE:703-605-~515 EEl': FAX: 703-605-5100
AUTHORIZED NFC/FILE COPY 24-MAY-2005

INFRA-0 zl-2Case ~
PAGE"

1:07-cv-00827-NBF
CONTRACT NUMBER
53-3187-4-6006

Document 9-2

UNITED STATES DEPARTM PURCHASE (~ I UNITCODE 24

: AGRICULTURE

2 OF5 i31~7i TYPE PURCHASE
DELIVERY TO: PIXL 10201 LEE HIGHWAY FFIS VID NUMBER: FAIRFAX VA US 22030 PHONE: 703-288-1930 EXT: 703-288-1931 EXT: FAX: EMAIL-ADDRESS LINE ITEM ACT CODE

ORDER DATE 24-MAY-2005

ISF-281 GH
! i

Filed 02/05/2008
FORM 1099 Y

Page 25 of 34
~ SUB 05 l TAXPAYER'S IDENT. NO. 54-1703062

FUND CODE ] ORDER NUMBER TX 43-3187-4-1017 i

)

CONSIGNEE USDA Forest Service

SHIP TO

P.O. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC US 20090-6090 PHONS: 703-605-4778 EXT: FAX: EXT: QUANTITY UNIT ISSUE UNIT PRICE AMOUNT

DESCRIPTION

MODIFICATION 4 TO ADD FUNDING FOR CPAIS TOTAL PURCHASE OKDEK VALUE FROM $2,931,370.00 TO $3,131,370.00 ALL TERMS AND CONDITIONS REMAIN UNCHANGED. Modification 2 incorporates line item 05. The total amount of the Task order changes from $1,396,370.00 to 1,681,370.00. All other terms
O1

I

02 03

I and conditions remain the same. !Provide Technical Support Servie for INFRA project las outlined ink he attached work statement. ontrac¢or's proposal end rate accepted. See next ~age for labor categories and rate. IAdditlonal funds to cover labor hours

2540

l. OOC JB

$939,400.0000

$939,400.00

~

2540 2570 2570

01 01 01

I.OOC ~ I.OOC LS 1.00O LS

$400,000.0000 $i0,000.0000 $46,970.0000

$400,000.00 $i0,000.00 $46,970.00

04

~ravel, (Authorized by program office and to be in accordance with Federal Travel Regs (FTR) {0DC''s and G&A DUE to ~ime of issuance of Technical Approval w/i ithe FY and receipt of other approved funding, the 9erlod of performance is: 01 May 04 thru 30 Sept 104 (base) i010ct 04 thru 30 Sep 05 (Opt 1

FOB POINT
DESTINATION

DISCOUNT AND/OR NET PAYMENT TERMS DAYS DAYS DAYS SHIP VIA

NET 3O

COMMODITY/ PAYMENT ~ 0 ESTIMATED FREIGHT.

Sub-Total

$2,731,370.0(

REQUIRED DELIVERY DATE

30-DEC-2004 ~CCOUN~NG CLASSIFICATION

TOTAL

~

$2,731,370.0(

ISSUING OFFICE USDA Forest Service P.O. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC 20090-6090 PHONE: 703-605-4778 EX~: FAX: EXT:

ORDERED BY ( NAME AND TITLE) Lawrence Carter

Contracting Officer

PHONE:703-605-4515 EXT:
FAX: 703-605-5100 EXT: AUTHORIZED SIGNATURE NFC/RLE COPY 24.-MAY-2005

PRINTED BY 0PSSLCARTER
PTS VERSION(08/1999)

I

FOR ~GENCY USE ONLY PAGE ! RECOFFI OF 5 ! 3187 TYPE PURCHASE DELIVERY

Case TN~RA-04-25 1:07-cv-00827-NBF
CONTRACT NUMBER 53-3187-4-6006

Document 9-2
i SF-281 I GH I

UN~EDSTATESDEPARTM[ :AGRICULTURE PURCHASE O. Filed 02/05/2008 Page UNIT CODE 24 I FORM 1099 Y CONSIGNEE USDA Forest Service

26 of 34
SUB 05

ORDER DATE 24-MAY-2005

FUND CODE I ORDER NUMBER i TX 43-3187-4-1017 !

TAXPAYER'S IDENT. NO. 5z/-1703062

TO: 10201 LEE HIGHWAY FFIS VID NUMBER: FAIRFAX VA US 22030 PHONE: 703-288-1930 EXT: 703-288-1931 EXT: FAX: EMAIL-ADDRESS UNEI ACT ! DESCRIPTION SHIP TO

P.O. Box 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC US~ 20090-6090 PHONE: 703-605-4778 EXT: FAX : EXT : UNIT PRICE OBJECTiUNE1 AMOUNT

ITEMICOD~
i01 Oct 05 thru30 Sept 05 (Opt 2) additional ninety (90) days ~tension as {authorized when required to complete ongoing ;services within applicable FY of perform~ce. iDue to the limitation of POINTIUS resources/database iinput, funds are divided into maximum allocation per ;line¯

~

iShip to, Contact 9oint and Submit Invoices to: 'USDA Forest Service I1601 North Kent St, 5 th Floor Tah Yang 703-605-4571 rlington, Va 22209

~ttn:

~
05

06

Nodification 01 is to add a GIS consultant to the icontract at the hourly rate of $105.13 in accordance ~ith the contractor's proposal dated Au~t 5, 2004, ~hich is hereby incorporated by refer~ce. :Obligate funds to cover software develbpm~t costs for the TIM and Facts projects for FY 05. Infra ~ill provide technical support as outlined in the ITIM/Facts MOU. Period of Performance: 10/1/04 to i9/30/05. ~dd funding to FY05 to support INFRA Development

i

02

1.000

$285,000.0000

$285,000.00

2540

2540

O3

1.000

$599,999.0000

$599,999.00

FOB POINT DESTINATION

I DISCOUNT AND/OR NET PAW~IEN+ TERMS' DAYS DAYS DAYS NET 30 SHIP VIA

i TYPE ..... !COMMODITY/ PAYMENT ~ o ESTIMATED FREIGHT

Sub-Total

$2,731,370.0

REQUIRED DEUVERY DATE I 30-DEC-2004 [ ACCOUNTING CLASSIFICATION

TOTAL

$2,731,370.0

ISSUING OFFICE USDA Forest Service P.0. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC 20090-6090 PHONE: 703-605-4778 EXT: FAX: EXT:

ORDERED BY ( NAME AND TITLE) Lawrence Carter Contracting Officer

PHONE:7 03-6 05-4515 EXT:
FAX: 703-605-5100 EXT: AUTHORIZED SIGNATURE NFC/RLE COPY 24-MAY-2005

PRINTED BY OPSSLCARTER
PTS VERSION(08/1999)

FOR'AGENCY USE ONLY

]'NF'RA-0 ~-2 5 PAGE i REC OFF I CONTRACTNUMBER

Case 1:07-cv-00827-NBF

Document 9-2

UNITED STATES DEPARTM[ - ~. AGRICULTURE Filed 02/05/2008 Page PURCHASE O,

27 of 34
! I

I

ORDER DATE 24-MAY-2005

I SF-281 i UNITCODE FUND CODE! ORDER NUMBER GH - 24 TX I 43-3187-4-i017 FORM 1099 Y CONSIGNEE USDA Forest Service

TYPE PURCHASE DELIVERY
TO: PIXL 10201 LEE HIGHWAY

TAXPAYER'S IDENT. NO. 54-1703062

'

SUB 05

FFIS VID NUMBER: FAIRFAX VA US 22030 PHONE: 703-288-1930 EXT: FAX: 703-288-1931 EXT: EMAIL-ADDRESS UNEI ACT I O7 O8

SHIP TO

I
DESCRIPTION

£.o. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC US 2°09°16°90 PHONE: 703-605-4778 EXT: F AX: EXT: QUANTITY I~j~I~E UNIT PRICE AMOUNT

F ~

dditional funding from line 6 above. 12540 2540

03 04

1.00[ i. 00L~ JB

$i00,001o00
~lbO, OOO.

~PAIS Development .Sub 03 The purpose of this modification is to add iadditional funding. I-~l As a result of this action this purchase order !is hereby by $1,,535,000 from $1,396,370.00 to $2,931,370. 2. All other items remain unchanged. dditional funding for CPAIS development.

ou

09

I

2540

04

i.ooo JB

$200,000. 0000

$200,000.00

DISCOUNTAND/OR NET PAYMENTTERMS NET iDAYS DAYS DAYS DESTINATION 3O REQUIRED DELIVERY DATE SHIP VIA 30-DEC-2004 ACCOUNTING CLASSIFICATION

FOB pOINT

TYPE COMMODITY/ PAYMENT ~ o ESTIMATEDFREIGHT

Sub-Total

TOTAL

ISSUING OFRCE USDA Forest Service P.O. BOX 96090 1621 N. Kent St Rm 707- Arlington, VA 22209 WASHINGTON DC 20090-6090 PHONE: 703-605-4778 EXT: FAX: EXT: PRINTED BY OPS$LCARTER PTS VERSION(08/1999)

ORDERED BY( NAME AND ~TLE) Lawrence Carter

Contracting Officer

PHONE:703-605-4515 EXT:
FAX: 703-605-5100 EXT: AUTHORIZED SIGNATURE NFC/FILE COPY 24-MAY-2005

PaGe- 5 Case 1:07-cv-00827-NBF OF 5 " OhwMR PURCHASING NOTES

Document 9-2 NUMBER 43-3187-4-1017Filed

02/05/2008 O~

Page 28 of 34

RECEIPTOR NOTES

REMIT ADDRESS VID: 541703062 B PIXL INC P 0 BOX 230505 CENTREVILLE 7032881930 VA 20120

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 29 of 34

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 30 of 34

1NFRA DEVELOPMENT, MAINTENANCE AND ENHANCEMENTS STATEMENT OF WORK SUGGESTED SOURCE - Pixl Inc. February 2004 INTRODUCTION Infxa is an integrated asset management system that provides nationally consistent storage, access, and reporting, processing, and analytical capabilities for essential Forest Service inventory and business needs. Infra also serves as the Forest Service subsidiary ledger for owned property and the primary inventory reporting and portfolio management tool for all real property. Infra maintains data elements necessary to track and manage owned property, leased property, GSA assignments, and inter-agency agreements. Infra processes bills for range permits, special use permits, timber products permits and contracts. The project is focused on these areas: * Infrastructure Inventory Records * Real Property Control and Management * Capital Asset Accounting * Permit and Contract Administration (timber, special uses, range, minerals) * Developed Recreation, and Wilderness land units * Travel Management (roads, access management, trails) * GIS and mobile applications. BACKGROUND The application has been in production since 1998 for roads, travel management, rangeland management, and range permit administration and billing. In 1999, modules were added to include the management of special uses, buildings, dams, water systems, bridges, trails, developed recreation sites, administrative sites, deferred maintenance, real property, and leases. Infra records the acquisition, depreciation, and disposal of real property assets, while the corporate financial system generates the finanoial transactions associated with the acquisition and use of real property. It provides a uniform data smacture to support business functions for field personnel and to facilitate upward reporting needs including deferred maintenance. Interfaces to the Agency's accounting systems, Foundation Financial Information Systems (FFIS), are also in production. All I_nfra modules include a comprehensive set of reports, on-line help, user documentation, training manuals and courses, and national help desk support. SCOPE This program is national in scope and includes 22 applications that enable the Forest Service to maaage such diverse assets as consmacted features, roads, trails, bridges, culverts, and land traits while automating several related business functions in fiscal, acquisition managemen~ grants authorization administration, agreement administration, and timber products, range, and special uses permit administration and billing. The current Infra application systems architecture employs several different architectures: 1) client/server; 2) mobile applications for range, heritage, roads and trails (employing a Java presentation layer on an Oracle Lite database); 3) a 3-tier NT/Unix server Web-enabled set of applications using Java main menu, Oracle forms version 6i, an Oracle 9i database and an Oracle 9iAS middle tier; 4) a Web-based thin client (html) for GENSS, an application for hazardous waste and water system compliance tracking; and 5) a web-based data warehouse powered by Java, Oracle 8i database, and Oracle Discoverer. The client/server applications are accessed via Microsoft Windows client workstations and the Oracle databases are housed in IBM/AIX Unix servers. The client/server environment is implemented using

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 31 of 34

Oracle Forms 6i, Oracle Reports 6i and Oracle 8i databases, ArcInfo, ArcView, and Visual Basic. The set of web-enabled applications is currently hosted using a three-tier solution that includes Oracle 9iAS release 2 (application server), Oracle Forms 9i, Oracle Reports 9i, an Oracle 8i source database, ESRI Spatial Data Engine (SDE), ESRI, ArcLMS, and Java. Other commercial-off-the-shelf software employed by the project includes DreamWeaver, which is used to develop online help, Help Desk Expert to manage user support services, Wise Install Builder for PC client install packages, PVCS Tracker to track defects, PVCS Version Manager for version control, and WinRunner for automated test scripts. The telecommunications environment is via the USDA Forest Service WAN backbone. The U.S. Forest Service database architecture consists of approximately 130 field databases located in regions, forests, and districts. The databases are hosted on IBM AIX servers in Oracle 8i. Certain data are pulled from each field database into one central database location known as InfraCentrat. The central database houses data that support the various business areas such as real property accounting and management and grants and agreements. Another source of data for InfraCentral is FFIS, a mainframe application. Real property accounting and real property management data are exchanged between Infi-aCentral and FFIS. The exchange generally occurs at month's end. A three-tier web solution for InfraCentral is available within the Forest Service. Generally, end users login to the application using a web browser such as Internet Explorer. The authentication is done by session and through the Oracle database user authentication. Details on this process are covered in succeeding sections of this document. The web application utilizes Oracle 9i application server in the middle tier. The forms server and reports server components of 9iAS are implemented to support Oracle Forms 9i and Oracle Reports 9i. The source of data is the InfraCentral (WOCS) database. The Mobile applications include the ability to download and upload data from the corporate database to hand held devices. Encryption and password protection are also used to prevent unauthorized uploads to the corporate database. Infm exchanges information with the Foundation Financial Information System (FFIS) that runs on a production mainframe system at the National Finance Center (NFC) in New Orleans. There is no direct connection between the applications. ASCII files in structured formats are sent from one system to the other for loading of data. APPLICABLE DOCUMENTS Documents are numerous and lengthy (several thousands of pages). They can be made available upon request through Tab Yang (703) 605-457 lor by visiting our office at USDA Forest Service, R.PC Building, 1601 N. Kent Street, Suite 500, Rosslyn, VA, 22209. TECHNICAL REQUIREMENTS Requirements span the entire lifecycle of an IT investment from defining requirements through development and into a steady state production system. The tasks encompass all phases of development using rapid application design/prototyping and production work, including defining requirements, designing, coding, testing, configuration management, and quality control. The requirements exist for each and every one of the following individual Infra applications: 1. 2. 3. 4. 5. 6. 7. 8. Real Property Management Real Property Accounting Grants and Agreements Range Land and Permits Special Uses Developed Recreation Sites Heritage Roads

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 32 of 34

9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

Trails Buildings Bridges and Major Culverts Dams Wilderness Visitor Use Permits Mining Sites and Permits Water Systems Waste Systems Work Items Enterprise Warehouse Mobile Infra GIS Timber

Requirements also exist for the overall operation of the entire suite of Infra applications, including security, database administration, system administration, documentation, and project management. Specific tasks include but are not limited to: DATABASE ADMINISTRATION: Maintain a central database for processing 900,000 bills per year and a live interface with the National Finance Center. Build, test and release an average of 4 releases per year distributed to over 130 instances around the United States. Maintain a central database for processing all real property sub ledgers and an interface with the Agency's accounting system, FFIS. o Support all data base instances for development, testing, training, and production. Support the agency's efforts in consolidating ceils. SECURITY Prepare all necessary documentation to attain and maintain Certification and Accreditation, as required by OMB and in accordance with the guidelines specified in NIST Special Publication 800-37. Develop and update, as necessary, the Infra System Security Plan in accordance with NIST Special Publication 800-18. Develop and update, as necessary, the Infra Risk Assessment and Risk Management Plan in accordance with NIST Special Publication 800-30. Develop and update, as necessary, the Infra Contingency and Disaster Recovery Plans in accordance with NIST Special Publication 800-34. Develop and update, as necessary, the InCa Trusted Facility Manual in accordance with the USDA Guidelines for Writing Trusted Facility Manuals.

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 33 of 34

Develop and update, as necessary, the Security Feature Users Guide in accordance with USDA Guidelines for Writing Security Feature Users Guide. PROJECT MANAGEMENT Create and maintain project plans and budgets and track actual costs and performance using WorkLenz, a project/portfolio management tool, which is the USDA standard. Utilize Earned Value Management System methodology to manage and measure project performance Comply with all requirements of the USDA Capital Planning and Investment Control as mandated by Clinger-Cohen Act. Prepare the annual Exhibit 53 for submission to the Office of Mauagement and Budget (OMB). Prepare the annual OMB Circular A-11 Exhibit 300 and provide responses to other OMB requests for project and financial information. Provide information and documentation required by various audit agencies. Ensure that Infra is aligned with the Federal Enterprise Architecture reference models, as required by OMB Circular A-1 I. Develop, review, and update Memoranda of Understanding between Forest Service Infra and other agencies whose systems Infra interfaces with. LOCATION OF WORK Office space, furnishings, and IT equipment will be provided by the US Forest Service. The office location is 1601 N Kent Street, Rosslyn VA, 22209. PERIOD OF PERFORMANCE The period of performance is anticipated to be upon contract award through September 30, 2004 and two option period of performance. The government has the right not to Exercise the two option period of performances. Base year: contract award thru September 30, 2004 Option 1: October 1, 2004 thru September 30, 2005 Option 2: October 1, 2005 thru September 30, 2006

MANAGEMENT PROCESS REPORTS
The Contractor shall prepare and submit to the COTR or designee a monthly progress report due the 1 st week of each month. The progress report shall summarize the contractor's accomplishments, the problems encounter and the number of labor hours expended. ESTIMATED LABOR HOURS

Case 1:07-cv-00827-NBF

Document 9-2

Filed 02/05/2008

Page 34 of 34

The precise workload for INFRA Task is difficult to specify, the U.S. Forest Service estimates a total requirement of hours for the duration of this contract. This will accommodate the period of performance stated below: Minimum Hours Base year: May 1, to September 30, 2004 Option YR 1 Option YR 2 100 1000 1000 Maximum Hours 10,000 25,000 25,000

KEY PERSONNEL The contractor shall assign to this contract the following key personnel: Labor Category_ To be determined Name

During the firs~ ninety days of performance, the Contractor shall make no substitution of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify the Contracting Officer within fifteen days after the occurrence of any of these events and provide RESUME(s) with comparable qualification to those person(s) being replaced. MEETINGS Meetings between the contractor and the U.So Forest Service will be held on an "as required" basis during the performance of the contract. Unless otherwise mutually agreed upon, meeting will be held at the U.S. Forest Service location.