Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:06-cv-00232-LMB

Document 41-4

Filed 10/29/2007

Page 1 of 25

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Case 1:06-cv-00232-LMB
'1999 .3235072 D1943064

Document 41-4

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Page 2 of 25
DAAH01-00-CATTACHMENT 01 PAGE i0 of i0

CONTRACT

CHNICAL DAi. RACKAGE

DPL LEGEND

~D8' - SOFTWARE DRAWING - THE COPY. O THIS DRAWING. INCLUDED IN THIS A COMPUTER SOFE~ARE TECHNICAL DATA PACKAGE IS NOT TO BEi ED FOR MANUFACTURE. WILL BE FURNISHED TO THE SUCCESSFUL PROGRAM IN DISK OR MAGNETIC TAPE FOR -T BIDDER UPON REQUEST.

'D9' - DIGITAL DRAW:ING -.THE COPY-.OF TECHNICAL DATA PACK,AGE IS-NOT ~,TO ,BE DRAWING IN DISK OR MAGNETIC TAPE FOR BIDDER UPON REQUEST.

.HIS IDE~AWING!-~.IIN~LUDED I:N THIS ~ED~ ~OR..MANU~AC~RE. A COPY OF THE ~T WIh~L BE F~RN~ISHED TO THE SUCCESSFUL

/

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AMENDMENT OF SOLICITATION~ODIFICATION OF CONTRACT
2. Amendment/Modificatlon No.
PO0001

I

1. Contract ID Code Firm-Fixed-Price

Page i Of 4

3. Effective Date 20015uL12 Code 1, W31P4Q

4. Requisition/Purchase Req No. SEE SCHEDULE 7. Administered By 0f other than Item 6) DCM BIRMINGHAM BURGER PHILLIPS cENTER 1910 THIRD AVE NORTH RM 201 /LL BIRMINGH~LM 35203-2376

5. Project No. (If applicable)
Code I

6. Issued By US Ag!fflr AVIATION & MISSILE COMM2~qD AMSAM-AC-ML-SA 2000 MAY 22 (256)876-7288 REDSTONE ARSEIqAL AL 35898-5280
EMAIL: @ REDSTONE.ARMY.MIL

S0101A [

SCD c 8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)
SYSTEMS DEVELOPMENT CORP 215 wlq~N DR SUITE 318 HUNTSVILLE AL 35805

PAS NONE ADP PT HQ0338 9A. Amendment Of Solicitation No. 9B. Dated (See Item 11)

] TYPE BUSINESS: Small Disadvantaged Business Performing in U,S. Code 75123 [ Facifity Code

10A. Modification Of Contract/Order No. DAAH01-00-C-0077 10B. Dated (See Item 13)
2000MAY09

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS D The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers [] is extended, [] is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the . opening hour and date specified. 12. Accounting And Appropriation Data (If required) N0 CHANGE TO OBLIGATION DATA
13. THIS ITEM ONLY APPL/ES TO MODIFICATIONS OF CONTRACTS/ORDERS It Modifies The Contract/Order No. As Described In Item 14.

KIND MOD CODi: G

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In The Contract/Order No. In Item 10A. B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set Forth In Item 14, Pursuant To The Authori~ of FAR 43.103(b). C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of: Mutual Agreement w/both parties D. Other (Specify type of modification and authority) E. IMPORTANT: Contractor [] 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, including solicitation/contract subject matter where feasible.)
SEE SECOND PAGE FOR DESCRIPTION

Contract Expiration Date: 2004DEC31 Except as provided herein, ali terms and conditions of the document referenced in item 9A or .10A, as heretofore changed, remains unchanged and in full force and effect. 15A. Name And Title Of Signer (Type or print) 16A. Name And Title Of Contracting Officer~ (Type or print) ~iARGARET B KING MARGA!%ET.KING@REDSTONE,A/~4Y.MIL (256) 955-9197 I6C. Date Signed 15B. Contractor/Offeror 15C. Date Signed I6B. United States Of America By ... (Signature of person authorized to si~n~ NSN 7540-01-152-8070 PREVIOUS EDITIONS b-NUSABLE 30-I05-02 / s I ~ED / (Signature of Contractin~ Officer) STANDARD FORM 30 (I~V. 10-83) Presets;bed by GSA FAR (48 CFR) 53.243

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CONTINUATION SHEET.

Reference No. of Document Being Continued PIIN/SIIN DAAH01-00-C-0077 MOD/AMD POO0O~

Page 2 of 4

~ame of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP
SECTION A - SUPPLEMENTAL INFORMATION ~ THE PURPOSE OF THE MODIFICATION IS TO AUTHORIZE THE SUBSITUTE IDENTIFIED BY THE CONTRACTOR BE ACCEPTED FOR THE FIRST ARTICLE TEST (FAT) AND TENTATIVELY APPROVED FOR THE PRODUCTION. THE CONTRACTOR HAS IDENTIFIED SEVEN OBSOLETE THE OUTCOME OF THE FIRST ARTICLE TEST (FAT) WILL DICTATE CHANGE ACCEPTABILITY.

PARTS A!qD SEIFEN ALTERNATE PARTS NUMBERS THAT CAN BE USED THEY ARE AS FOLLOWS:

ARMY PART NUMBER IDENTIFICATION NUMBE~ FIND NO FIND NO FIND NO F!NDNO FIND NO FIND NO FIND NO 18 29 24 26 22 36 43 13038370 11568664 13038331 13038457 5962-8777101CX M8340101M2201JB RJR26FX203M

REPLACEMENTS PARTS ALTERNATE PART NUMBER

8403615JA SL5433/BCA 5962-8770204RX SGI536Y-883B M38510/II006BCX M8340102M220~GB RJR26FX203R

THE DIGITAL DATA WAS PROVIDED TO THE CONTRACTOR WITH THE TECHNICAL DATA PACKAGE (CD) ADDITIONAL DIGITAL INFORMATION IS NEEDED INFORMATION HAS BEEN REQUESTED AAU3 WILL BE PROVIDED TO THE CONTRACTOR AT A LATER DATE.

THE CONTRACT IS HEREBY EXTENED FROM 08 AUG 2000 TO 30 NOV 2001 FOR THE FIRST ARTICLE SUBMITTAL AND FROM 02 FEB 2001 TO 30 MAY 2002 FOR THE PRoDUcTION QUANTITY. ALL OTHER TERMS AND CONDITIONS ARE UNCHANGED AND REMAIN IN FULL FORCE AND EFFECT.

*** END OF NARRATIVE A 009 ***

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CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SIIN D~XH01-00-C-0077 MOD/AMD POOOOl QUANTITY
UNI1 UNIT PRICE

Page 3 of 4

~ame of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP ITEM NO SUPPLIES/SERVICES
SECTION B - SUPPLIES OR SERVICES A!WD PRICES/COSTS 0001AA FIRST ~d~TICLE EA $ 21.516.05000
43,032,10

AMOUNT

NSN: 5998-01-319-4313 NOUN: CIRCUIT CARD ASSEMB FSCM: 18876 PART NR: 13235072 SECURITY CLASS: Unclassified PRON: DI943064DI PRON AMD: 05 AMS CD: 060011

ACRN: AA

Packa~in~ and Mark_iD_q PACICAGING/PACKING/SPECIFICATIONS: IAW MILSTD2073 UNIT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PRESERVATION: Military LEVEL PACKING: Minimal ~tion and AccePtance INSPECTION: Origin ACCEPTANCE: Destination Government Approval/Disapproval Days: 90 Deliveries or,.P~rfQrra~¢e D0C SUPPL 003 W31P4Q92940030 DEL REL CD __OUANTITY 001 2 W31F0W DEL DATE 30-NOV-2001 J 3

FOB PO12xIT:

Destination

SHIP TO: ~_ARCEL POST ADDRESS (W31POW) PR HQ USA AVN AND MSL CMD TRAIqSPORTATION OFFICER BLDG 8022 MF RTTC BUILDING 4500 REDSTONE ARSENAL AL 35898-8052

0001AD

~n~QDUCTION OUAI~TITY WITH FIRST ARTICLE

22

EA

$

17,589.45000~

386,967.90,

NSN: 5998-01-319-4313 NOUN: CIRCUIT CARD ASSEMB FSCM: 18876 PART NR: 13235072 SECURITY CLASS: Unclassified PRON: DI943064DI PRON AMD: 05 AMS CD: 060011

ACRN: AA

_P_a_~ka~ina and Markin~ PACKAGING/PACKING/SPECIFICATIONS: IAW MiLSTD2073 UNIT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PRESERVATION: Military LEIEEL PACKING: Minimal Inspection and Acceotance INSPECTION: Origin ACCEPTANCE: Origin

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Reference No. of Document Being Continued CONTINUATION SHEET PIIN/SIIN D~01-00-C-0077 MOD/AMD PoOOOl fame of Offeror or Contractor: SYSTEMS D~'Xr~LOPWZ~T CORP ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
D__eliveries or Per~0rmanc~ DOC SUPPL 001 W31G3N90891959 DEL REL CD OUANTITY 001 9 W25GIU __DEL DATE 30-MAY-2002 J

Page ~ of 4

AMOUNT

3

FOB POINT: Destination SHIP TO: PARCEL POST ADDRESS (W25GIU) XU TRANSPORTATION OFFICER DDSP NEW CUMBERLAND FACILITY BUILDING MISSION DOOR 113 134 NEW CUMBERLAND PA 17070-5001

D0C

SUPPL J DEL DATE 30-MAY-2002 3

002 W31G3H90891960 W62G2T DEL REL CD __OUANTITY 001 13

FOB POINT: Destination SNIP TO: PARCEL POST ADDRESS (W62G2T) XU DEF DIST DEPOT SAN JOAQUIN TRANSPORTATION OFFICER PO BOX 960001 STOCKTON CA'95296-0130

- 40 -

I
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Case 1:06-cv-00232-LMB Document 41-4 Filed 10/29/2007 Page 7 of 25 1. Contract ID Code Page ! Of 5 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT Firm-Fixed~Price

I

2. Amendment/Modification No.
P00005 6. Issued By US ARFff AVIATION & MISSILE COMMAND AMSAM-AC-LS-MB IRENE WATSON (256) 876-4293 REDSTONE ARSENAL AL 35898-5280 EMAIL: [email protected]

3. Effective Date 2004J2LN30 Code I W31P4Q

4. Requisition/Purchase Req No.

SEE SCHEDULE 7. Administered By (If other than Item 6)
DCMA BIRMINGHAM

1

5. ProjectNo.(Ifapp~cable) Code

I

BURGER PHILLIPS CENTER 1910 THIRD AVE., NORTH, RM 201
BIRMINGHAM AL 35203-2376

SCD c

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)
SYSTEMSDEVELOPMENT CORPORATION (SDC) 215 WYNN DRIVE SUITE 318 HUNTSVILLE, AL. 35805-1926

PAS NONE ADPPT HQ0338 9A. Amendment Of Soficitation No. 9B. Dated (See Item 11) 10A. Modification Of Contract/Order No.
DKAH01-00-C-0077

TYPE BUSINESS: Small Disadvantaged Business Performin~ in U.S. Code 75123 [ Facility Code

lOB. Dated (See Item 13)
2000MAY09

II. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ::] The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers [--] is extended, [] is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the soficitation or as amended by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the soficitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the .°pening hour and date specified. 12. Accounting And Appropriation Data (If required) " ND cm~GE TO OBLIGAT~O~ D~T~
KIND MOD CODE: 8

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS It Modifies The Contract/Order No. As Described In Item 14. A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In The Contract/Order No. In Item 10A. B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set Forth In Item 14, Pursuant To The Authority of FAR 43.103(b). C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority) Unilat Hod Put to FKR 49.402-4 (a) E. IMPORTANT: Contractor [] 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, including solicitation/contract subject matter where feasible.)
SEE SECOND PAGE FOR DESCRIPTION

Contract Expiration Date: 2004DEC31

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. Name And Title Of Signer (Type or print) 15B. Contractor/Offeror (Signature of person authorized to sign) NSN 7540-01-152-8070 PREVIOUS EDITIONS UNUSABLE 15C. Date Signed

16B. United States Of America 16C. Date Signed I 16A" Name And Title Of C°ntraeting Officer (Type °r P(int)aEm,,Y. HILLOREDS' By / SIGNED/ 2004JAN30 (Si~ngture ~f Contraetin~ Officer) 30-105-02 STANDARD FORM 30 (REV. 10-83) ~a --~ ~'l ~l ..... -" ~-".,.~ ,~,,~0 ~,.~,=AVV'~~a~ ~'~,~aa...... ~ ~o~,-"

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CONTINUATION SHEET
SECTION A - SUPPLEMENTAL INFORMATION

Reference No. of Document Being Continued PIIN/SIIN DAAH01-00-C-0077 MOD/AMDPOOO05

Page 2 of 5

~ame of Offeror or Contractor: SYST~SDEVELOPm~T CORPORATION (SDC)

i. THIS UNILATERAL MODIFICATION IS ISSUED TO RE-ESTABLISH THE REQUIRED DELIVERY DATES FOR CLINS 0001AA, PRODUCTION QUANTITY, OF CONTRACT DAAH01-00-C-0077. a. b. c. THE DELIVERY DATE FOR CLIN 0001AA, TEE DELIVERY DATE FOR CLIN 0001AB, THE ABOVE CHANGE TO FIRST ARTICLE,

FIRST ARTICLE,

AND 0001AB,

IS HEREBY CHANGED FROM 08 AUGUST 2000 TO 29 AUGUST 2003. IS CHANGED FROM 02 FEB 2001 TO 24 AUGUST 2004. TO EITHER PARTY. 2002 BUT WAS MEVER SIGNED. THEREFORE, MODIFICATION P00002 WILL

PRODUCTION QUAI~TITY,

THE DELIVERY DATES IS AT NO CHANGE IN PRICE SENT TO THE CONTRACTOR FOR SIGNATURE AUGUST P00003 AND PO0004 WILL NOT BE ISSUED. ALL OTHER TERMS AND CONDITIONS REMAIN IN

2. MODIFICATION P00002 WAS REMAIN OPEN. MODIFICATIONS 3. EXCEPT AS PROVIDED HEREIN,

FULL FORCE AND EFFECT.

*** END OF NARRATIVE A 012 ***

- 42 SDC 41

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Page 3 of 5

CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SHN D~01-00-C-0077 MOD/AMD "vooo05 QUANTITY UNIt[

4ame of Offeror or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC)
ITEM NO SUPPLIES/SERVICES
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

P~aCE

AMOUNT

0001

NSN: 5998-01-319-4313 FSCM: 18876 PART MR: 13235072 SECURITY CLASS: Unclassified

0001AA

FIRST !LRTICLE

2

; 21,516,05OO~Q9_

$ .... 43,0~2,10.

NOUN: CIRCUIT CARD ASSEMB PROM: DI943064DI PRON AMD: 05 AMS CD: 060011

ACRN: AA

Description/Specs./Work Statemen~ TOP DRAWING NK: 1325072

Packa~in~ and ~arkiD_q PACKAGING/PACKING/SPECIFICATIONS: IAW MILSTD2073 UNIT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PRESERVATION: Military LEVEL PACKING: Minimal

LoP PKG-REF LPK MILITARY MILSTD2073 MINIMAL

PACK-KEF QUP ICQ 001 000

JI/A JIi JIII JIVJVJVI JVII JVII JIX/A JXJV~IIA MP CD PM WM. CD CT UC IC PK SM OPI GX 1 00 XX XXX NS 00 L 39 MAXIMUM - UP-WT ..... UP-LN .... UP-WD .... UP-DP 0000001.8 010.5 010.5 004.0

(End of narrative D001)

insoection and Acceptanc~ INSPECTION: Origin ACCEPTANCE:Destination Government Approval/Disapproval Days: 90

Deliveries or Perfo~nc~ D0C SUPPL 003 W31P4Q92940030 W31POW J DEL }{EL CD OUANTITY ...... 001 2 3 DEL ~AT~ 29-AUG-2003

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Reference No. of Document Being Continued Page PIIN/SIIN DAAH01-00-C-0077 MOD/A!~D P00005 lame of Offeror or Contractor: SYSTEMSDEg-ELOPMENT CORPORATION (SDC) ITEM NO SUPPLIES/SERVICES QUANTITY U IT UNIT PRICE

CONTINUATION SHEET

I

4 of 5

AMOUNT

FOB POINT: Destination SHIP TO: PARCEL PQST ADDRE$~ {W31POW) PR WON9 HQ USA AVN AND MISLE CFiD TRANSPORTATION OFFICER BLDG 8022 COTTONWOOD RD MF RTTC BLDG 4500 REDSTONE ARSENAL AL 35898-8052

0001~

,PRODOCTION OUANTITY WITH FIRST ARTICLE

22

$ 17,589.45000

386,967.90

NOUN: CIRCUIT CARD ASSEMB PRON: DI943064DI PRON ~U~ID: 05 AMS CD: 060011

ACRN: AA

Descriotion/Soecs./Work Statement TOP DRAWING NR: 13235072

Packaffin~ and Markinff PACKAGING/PACKiNG/SPECIFICATIONS: IAW MILSTD2073 iTNIT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PRESERVATION: Military LEVEL PACKING: Minimal

LOP MILITARY

PKG-REF MILSTD2073

LPK MINIMAL

PACK-REF QUP ICQ 001 000

JI/A JII JIII JIV JV JVI, JVII JVII JIX/A JX JVIIIA MP CD PM WM CD CT UC IC PK SM 0PI GX 1 00 XX XX X NS 00 L 39 I~IMUM ~ UP-WT ..... UP-LN .... UP-WD .... UP-DP 0000001.8 010.5 010,5 004.0

(End of narrative D001)

Insoection and AcceotanGe ACCEPTANCE: Origln INSPECTION: Origin

Deliveries or Pe~formance DOC SUPPL 001 DEL ~L CD 001 W31G3H90891959 OUANTITY 9 W25GIU DEL DATE 24-AUG-2004 J 3

44SDC 43

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[ Page
5 of 5

Reference No. of Document Being Continued PIIN/SIIN v;oU~Ol-OO-C-o077 MOD/AMD POOO05

Name of Offeror or Contractor: SYSTI~I$]:)EVELOPME~'~T CORFO~TION {SDC) ITEM NO i SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
FOB POINT: Destination SHIP TO: PARCEL POST ADDRESS (W25GIU) XU TRANSPORTATION OFFICER DDSP NEW CUMBERLAND FACILITY BUILDING MISSION DOOR 113 134 PA 17070-5001 NEW CUMBERLAND

DOC

SUPPL J ~ 24-AUG-2004 3

002 W31G3H90891960 W62G2T R~ ITY 001 13

FOB POINT: Destination SHIP TO: PARCEL,pOST ADDRES~ (W62G2T) XU DEF DIST DEPOT SAN JOAQUIN TRANSPORTATION OFFICER PO BOX 960001 STOCKTON CA 95296-0130

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
",. Amendmeut/IVlodification No.
PO0008

3. Effective Date 2004FEB17 Code [ W31P4Q

1. Contract ID Code ] Page 1 Of 6 Firm-Fixed-Price 4. Requisition/Purchase Req No. 5. Project No. (If applicable) SEE SCHEDULE 7. Administered By ~f other than Item 6) DCMA BIRMINGHAM BURGER PHILLIPS CENTER 1910 THIRD AVE., NORTH, RM 201 BIRMINGHAM AL 35203-2376

I

6. Issued By US ARMY AVIATION & MISSILE COMMAND AMSAM-AC-LS-MB IRENE WATSON (256)876-4293 REDSTONE ARSENAL AL 35898-5280
EMAIL: IRENE.WATSON@REDSTONE,ARMY.MIL

SCD c

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)
SYSTEMSDEVELOPMENT CORPORATION 215 WYNN DRIVE SUITE 318 HUNTSVILLE, AL. 35805-1926 (SDC)

PAS NONE ADP PT HQQ338 9A. Amendment Of Solicitation No.

9B. Dated (See Item 11) 10A. Modification Of Contract/Order No. DAAH01-00-C- 0077 10B. Dated (See Item 13) 2000MAY09

TYPE BUSINESS: Small Disadvantaged Business Performing in U.S. Code 75123 Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS []The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers [] is extended, [] is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. Accounting And Appropriation Data (If required) NO CHANGE TO OBLIGATION DATA 13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS It Modifies The Contract/Order No. As Described In Item 14. A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In The Contract/Order No. In Item 10A. B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set Forth In Item 14~ Pursuant To The Authorit~ of FAR 43.103(b). C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of." D. Other (Specify type of modification and authority) P.~R 52. 249.2 AND MUTUAL AGREEMENT E. IMPORTANT: Contractor [] 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, including solicitation/contract subject matter where feasible.)
SEE SECOND PAGE FOR DESCRIPTION

KIND MOD CODE: T

C~ntract Expiration Date: 2004DEC31

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. Name And Title Of Signer (Type or print) 15B. Contractor/Offeror (Signature of person authorized to sign) ........ NSN 7540-01-152-8070 PREVIOUS EDITIONS UNUSABLE 15C. Date Signed 16B. United States Of America .16C. Date Signed

2004FEB17 By /SIGNED/ ! 16A" Name And Title Of C°ntracting Officer (Type °r irint)pATTIPATTI. PAGE~ .~Signature of Contracting Officer) 30-105-02 STANDARD FOR1V~ 30 (REV. !0-83) Prescribed by GSA F?~~. (48 CFPQ 53.243

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CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SIIN DAAH01-00-C-0077 MOD/AMD Poooo8

Page 2 of 6

~ame of Offeror or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC)
SECTION A - SUPPLEMENTAL INFORMATION Title ....

Date

NOTICE OF TERMINATION TO PRIME CONTRACTOR (ALTERNATE)(TERMINATION FOR JUL/2000 CO!~IENCE)(FAR 49.601-2) (USA~hMCON) I. Effective Date of Termination. You are notified that your Contract No. DAAH01-00-C-0077 (hereinafter referred to as 'the contract') is hereby terminated for the convenience of the Government, in accordance with the clause hereof entitled 'Termination for the Convenience of the Government' (or in the case of a cost-reimbursement~type contract, 'Termination'). Such termination will be effective immediately upon receipt of this notice. 2. Cessation of Work and Notification to your Immediate Subcontractors. (a) You shall stop all work, make no further shipment, and place no further orders in connection with the contract, except (i) to the extent necessary to perform any portion thereof not terminated by this Notice, or (2) to the extent that you may wish to retain and continue any work in process of other materials for your own account, or (3) to the extent the Contracting Officer authorizes you to continue work-in-process for reasons of safety, or to clear (or avoid damage to) equipment or to avoid immediate complete spoilage of work-in-process having a definite commercial value, or otherwise to prevent undue loss to the Government. (If you believe the authorization referred to in (3) above is necessary or advisable, you shall immediately notify the Contracting Officer by telephone or personal conference and obtain instructions.) You shall keep adequate records of your compliance with this paragraph 2(a) showing (i) the date you received your Notice of Termination, (ii) the effective date of such termination, and {ill) the extent of completion of performance on such effective date. (b) You shall give notice of termination to each of your immediate subcontractors (including suppliers) who will be affected by the termination of your contract. In such notice you shall (i) give him the number of your contract with the Government, (2) state that is has been terminated (or terminated in part, if that is the case) for the convenience of the Goverrrment, (3) instruct him to stop al! work, to make no further shipments, place no more orders, and to terminate all subcontracts under this contract with you (subject to the same exceptions stated in paragraph 2(a)), (4) direct him to submit his settlement proposa! promptly in order to expedite settlement, and (5) request him to give similar notice and instructions to his immediate subcontractors. (c) You shall notify the Contracting Officer if any pending legal proceedings which relate to any subcontracts or purchase ~rders under the terminated contract or which have resulted in or which are intended to result in a lien or encumbrance on any ermination inventory other than termination inventory you propose and are authorized to purchase, retain, or dispose of. (The 3ntractlng Officer shall also be promptly notified of any such proceedings brought after receipt of this Notice.) (d) You shall take such other action as may De required by the Contracting Officer or under the termination clause contained in your contract. 3. Termination Inventory. (a) You shall forthwith transfer title to and deliver to the Government, in accordance with any instructions of the Contracting Officer, all items of termination inventory (including subcontractor termination inventory which under the terms of the subcontract or purchase order concerned you have the right to take over) of the following tyPes or classes: NONE. Ib) In connection wit~ settlement of your claim, it will be necessary to establish that all your termination inventory and that of your subcontractors has been properly accounted for. For detailed information, see FAR Part 45. 4. Completed End Items. You shall notify the Contracting Officer of the number of articles completed under the contract and still on hand, and arrange with him for their delivery or other disposal, see FAR Part 49.205. (a) Invoice acceptable completed end items under the contract in the usual way and do not include them in the settlement proposal. 5. Patents. Your attention is called to any provisions of the contract which may require you to make a disclosure of, and to deliver to the Government instruments of license or assignment respecting all inventions, discoveries, and patent applications made by you in the performance of the contract. You are urged to forward such disclosures and instruments of license or assignment to the Contracting Officer promptly, inasmuch as these contractual obligations must be complied with before execution of the final settlement agreement. This paragraph may be disregarded if the contract contains no such patent provisions. 6. Settlements With Subcontractors. You remain liable to your subcontractors and. suppliers for claims arising by reason of the termination of their subcontracts or orders. You are requested to settle such termination claims as promptly as possible. For purposes of reimbursement by the Government, such settlements will be governed by the provisions of FAR Part 49. 7. Employees Affected. (a) If this termination, together with all other outstanding terminations, will necessitate a significant eduction in your work force, you are urged to (i) promptly inform the loca! State Employment Service of your reduction-ln-force :hedule in numbers and occupations, so that they can take timely action in assisting displaced workers; (2) ~ive affected employees .tlaximnm. practical a~vance no~ice of the employment ~duction, and inform them of the faci!iies and ~erv~ces available to them through

A-I CHANGED 52.249-4703

-47 -

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PIIN/SIIN DAAH01-00-C-0077 Name of Offer0r or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC)

CONTINUATION SHEET

Reference No. of Document Being Continued

Page 3 of 6

MOD/AMD P00008

the local State Employment Service Offices; (3) advise affected employees to file applications with State Employment Service in order to qualify for unemployment insurance, if necessary; (4) inform officials of local unions having agreements with.you of the impending reduction-in-force; and {5) inform local Chamber of Commerce and other appropriate organizations, which are prepared to offer practical assistance in finding employment for displaced workers, of impending reduction-in-force. (b) To the extent appropriate and practicable, you are requested to urge subcontractors, if any, to take actions similar to those described above. 8. The contract administration office named in your contract will furnish you the name of the Contracting Officer who will be in charge of the settlement of this termination, and who will, upon request, provide you with the necessary settlement forms. Matters not covered by this Notice should be brought to the attention of the undersigned. 9. Please acknowledge receipt of the Notice as provided below.

Acknowledgement of Notice

The undersigned hereby acknowledges receipt of a signed copy of the foregoing Notice on both signed, are herewith returned.

Two copies of this Notice,

(Name of Contractor) By

(Title)

(End of Agreement)

MODIFICATION P00006 & P00007 WILL NOT BE ISSUED.

*** END OF NARRATIVE A 013 ***

-48 SDC 48

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Reference No. of Document Being Continued CONTINUATION SHEET
ITEM NO

Page 4 of 6

PIIN/SIIN DAAH01-00-C-0077
QUANTITY

MOD/AMD Poooos UNIT
UNIT PRICE

.~ame of Offeror or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC)
SUPPLIES/SERVICES
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

AMOUNT

0o01

NSN: 5998-01-319-4313' FSCM: 18876 PART NR: 13235072 SECURITY CLASS: Unclassified

0001AA

FIRST ARTICLE

$__

43,033,,~0

CLIN CONTRACT TYPE: Firm-Fixed-Price NOON: CIRCUIT CARD ASSEMB PRON: DI943064DI PRON AMD: 05 AMS CD: 060011

ACRN: AA

Descriotion/SDecs./Work Statement TOP DRAWING NR: 1325072

Packa~in~ and Markinq PACKAGING/PACKING/SPECIFICATIONS: IAW MILSTD2073 UNIT PACK: 001 IIW~ERMEDIATE PACK: DELETED LEVEL PRESERVATION: Military LEVEL PACKING: Minimal

LOP PKG-REF LPK. PACK-REF QUP ICQ MILITARY MiLSTD2073 MINIMAL 001 000 JI/A JII JIZI JIVJVJVI JVll JVII JIX/A JX J~IIIA MP CD PM WM CD CT UC IC PKSM OPI GX 1 00 XX XX X NS 00 L39 MAXIMUM - UP-WT ..... UP-LN .... UP-WD .... P-DP U 0000001.8 010.5 010.5 004,0

(End of narrative D001)

Insoectionand Accept~nc9 INSPECTION: Origin ACCEPTANCE: Destination Government Approval/Disapproval Days: 90

Deliveries or Performance DOC SUPPL 003 W31P4Q92940030 W31POW J DEL REL ¢D OUA~TITY 001 DELETED 3

-49SDC 49

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CONTINUATION SHEET

Reference No. of Document Being Continued MOD/AMD POOOO8 PIIN/SIIN D~E01-00-C-0077 U NIT UNIT PRICE

Page 5 of 6

tame of Offeror or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC) QUANTITY SUPPLIES/SERVICES ITEM NO
FOB POINT: Destination SHIP TO: PARCEL POST ADDRESS AVN AND (W31POW) PR WOH9 HQ USA TRANSPORTATION OFFICER COTTONWOOD RD MF RTTC REDSTONE ARSENAL

MISLE CMD BLDG 8022 BLDG 4500 AL 35898-8052

0001AD

PRODUCTION 0UAI~PI~Y WITH FIRST ARTICLE

EA

$

** NIA

386,967,90

N0~N: CIRCOIT CARD ASSEMB PRON: DI943064DI PRON AMD: 05 ACI%N: AA AMS CD: 060011

D~criD~ion/Snecs./Work Statement TOP DRAWING NR: 13235072

Pack~ain~ and Markin~ PACKAGING/PACKING/SPECIFICATIONS: IAW MILSTD2073 INTERMEDIATE PACK: DELETED UNIT PACK: 001 LEVEL PRESERVATION: Military LEVEL PACKING: Minimal

LOP PKG-REF LPK PACK-REF QUP ICQ 001 000 MILITARY MILSTD2073 MINIMAL

JI/A JII JIII JIV ~[V J-ql J-VII JVII JIX/A JX J-VIIIA SM OPI MP CD PM WM CD CT UC IC PK L 39 GX 1 XX 00 X XX NS 00 MAXIMUM - UP-WT ..... UP-LN .... UP-WD .... UP-DP 0000001.8 010.5 010.5 004.0

(End of narrative D001)

Insp~c~ion and Acceptance ACCEPTANCE: Origln INSPECTION: Origin

Deliveries or Performance D0C SUPPL 001 DELETED FOB POINT: Destination

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CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SIIN DA~01-0O-C-0077 MOD/AMD Poooo~ QUANTITY
JNI' UNIT PRICE

Page

6 of 6

.Name of Offeror or Contractor: SYSTEMSDEVELOPMENT CORPORATION (SDC) ITEM NO SUPPLIES/SERVICES
SHIP TO: PARCEL POST ADDRESS (W25GIU) XU TRANSPORTATION OFFICER DDSP NEW CUMBERLAIqD FACILITY BUILDING MISSION DOOR 113 134 NEW CUMBERLAND PA 17070-5001

AMOUNT

D0C

SUPPL

~

~ ADDK

002 DELETED FOB POINT: Destination SHIP TO: PARCEL POST ADDRESS (W62G2T) XU DEF DIST DEPOT SAN JOAQUIN TRANSPORTATION OFFICER PO BOX 960001 STOCKTON CA 95296-0130

0005AA

0006AA

0008AA

0009.~

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23 April 2004 DCMA - Atlanta At{n:. DCMAE-GATC/Mr. P. Slemons 805 Walker Street, Suite 1 Marietta, GA 30060-2789 Subject: Completely Terminated Contract DAAH01-00-C-0077, Docket A049531EA

Dear Mr. Slemons: SDC, Inc. submits the attached Settlement Proposal, SF 1435, for contract DAAH01-00-C-0077. If you need additional information please contact me at (256) 382-4600. Sincerely,

Carpenter rator

225 Spragins Street, Suite Huntsville, AL 35801 Phone: ~z~t~) 3t~z-At~uu Fax: (256) 382-4601

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SETTLEMENT PROPOSAL (INVENTORY BASIS)

lOMB

No.: 9000-0012 Expires: 05/31/98

Public reporting burden for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other "ff this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington,

5.

T'-~lb I~ROPOSAL APPLIES TO (Check one)

FOR USE BY A FIXED-PRICE PRIME CONTRACTOR OR FIXED-PRICE SUBCONTRACTOR COMPANY A PRIME CONTRACT WITH r~ SUBCONTRACT OR [~] THE GOVERNMENT PURCHASE ORDER Systems Development Corporation STREET ADDRESS SUBCONTRACT OR PURCHASE ORDER NO(S).

225 Spragins Street, Suite.G
CONTRACTOR WHO SENT NOTICE OF TERMINATION
NAME

CITY AND STATE (Include ZIP Code)

Huntsville, AL 35801
NAME OF GOVERNMENT AGENCY

ADDRESS (Include ZIP Code) If moneys payable under the contract have been assigned, give the following: NAME' DF ASSIGNEE
ADDRESS (Include ZIP Code) Sl~ 1439, SCHEDULE OF ACCOUNTING INFORMATION

US Army Aviation & Missile Command
GOVERNMENT PRIME CONTRACT NO. CONTRACTOR'S REFERENCE NO.

DAAH01-00-C-0077
EFFECTIVE DATE OF TERMINATION

Hawk 1
CHECK ONE

17 February 2004
PROPOSAL NO. INTERIM U IS NOT ATTACHED (If not, explain below)

D

~] FINAL

SECTION I - STATUS OF CONTRACT OR ORDER AT EFFECTIVE DATE OF TERMINATION PRODUCTS COVERED BY TERMINATED CONTRACTOR PURCHASE ORDER

FINISHED ON HAND
PREVIOUSLY SHIPPED AND INVOICED (b)

UNFINISHED OR NOT COMMENCED
NOT TO BE COMPLETED (f)

PAYMENT TO BE TO BE INCLUDED IN THIS COMPLETED RECEIVED PROPOSAL THROUGH (Partial termination only) INVOICING (d) (e) (c)

TOTAL COVERED BY CONTRACT OR ORDER

QUANTITY

Card Assembly, Pa~ Number: 13235072, qSN: 5998-01-319-4313
ITEM NO.
(a) 1 2 3 45 6 7 8 9 10 11 12 13 1 415

$
QUANTITY

24 430000.00

24 430000.00 430000.00

$
QUANTITY

$
SECTION II - PROPOSED SETTLEMENT (use Columns b and Ic) only wt~ere previous proposal has been filed) TO] AL INCREASE OR PREVIOUSLY DECREASE BY PROPOSED THIS PROPOSAL {b} TOTAL PROPOSED TO DATE FOR USE OF CONTRACTING AGENCY ONLY

METALS RAW MATERIALS (other than metals) PURCHASED PARTS FINISRED COMPONENTS MISCELLANEOUS INVENTORY WORK-IN-PROCESS SPECIAL TOOLING AND SPECIAL TEST EQUIPMENT OTHER COSTS (from Schedule B) GENERAL AND ADMINISTRATIVE EXPENSES (from Schedule C) TOTAL {Items I to 9 inclusive) PROFIT (explain in Schedule D) SE'[-rLEMENT EXPENSES (from Schedule E) TOTAL (Items 10 to 12 inclusive) SETTLEMENTS WITH SUBCONTRACTORS (from Schedule F) ACCEPTABLE FINISHED PRODUCT

321,497.00

t9,303.00 297,500.00 638,300.00 63,830.00 14,31g 716,446.00 72,612.00

789,058.00 1__~ GROSS PROPOSED SETTLEMENT (Items 13 thru 15) ~ISPOSAL AND OTHER CREDITS (from Schedule G) NET PROPOSED SETTLEMENT (Item 16less 17) 789,058.00 - 53 ADVANCE, PROGRESS & PARTIAL PAYMENTS (from Schedule H) 7Rq Nr~R An "~)n I NET PAYMENT REQUESTED (!tem 18 !ess 1.9) '~' ...... 1 I I I (When the space provided for anF informations insufficient, continue on a separate sheet,)
AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable

STANDARD FORM 1435 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.249(a)(2)

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SCHEDULE A - ANALYSIS OF INVENTORY COST (Items4 and 6) ' ' Furnish the following information (unless not reasonably available) for inventories of finished components and work-in-progress included in this proposal: TOTAL DIRECT TOTAL INDIRECT TOTAL DIRECT LABOR MATERIALS EXPENSES
COMPONENTS

TOTAL

,/-PROGRESS ,, Individual items of smallamounts may be grouped into a ~]'n'gle entry in Schedules B, C, D, anc G. SCHEDULE B - OTHER COSTS (ItemS) ITEM

EXPLANATION

AMOUNT

FOR USE OF CONTRACTING AGENCY ONLY

Purchaser/Buyer Procurement Clerk Procurement Labor: Data Entry Clerk

Direct labor for procurement Lead Direct Labor for Procurement Clerk Direct Labor for Data Entry Clerk

15,281.00 2,364.00 1,656.00

..~

SCHEDULE C - GENERAL AND ADMINISTRATIVE EXPENSES (Item9) DETAIL OF EXPENSES AMOUNT I'OR USE OF CONTRA'CTING AGENCY ONLY

Executive Labor @55.00 per hr burdened thru G&A ~istrative Labor @25.00 per hr burdened thru G&A General and Administrative Cost @ 10.18% on Subcontractor costs

176,949.00 80,431.00 40,120.00

SCHEDULE D - PROFIT (Item I 1) EXPLANATION AMOUNT FOR USE OF CONTRACTING AGENCY ONLY

Profit @ 10% applied to costs thru Item 9 (G & A ) of SF 1435

63,830.00

- .54-

SDC 90

(Where the space provided for any information is insufficient, continue on a separate sheet.)

I

STANDARD FORM 1435 (REV. 9-97) PA(~E~2

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ITEM

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AMOUNT
FOR USE OF CONTRACTING AGENCY ONLY

SCHEDULE E - SETTLEMENT EXPENSES (Item 12) EXPLANATION

~tive Labor Au, ninistrative Labor

Termination. Negotiations Termination Negotiations

9,289.00 5,026.00

SCHEDULE F - SETTLEMENTS iNITH IMMEDIATE SUBCONTRACTORS AND SUI: PLIERS (Item 14) I-UH USt- UIAMOUNT OF BRIEF I~EscRIPTION OF PRODUCT CANCELED NAME AND ADDRESS OF SUBCONTRACTOR SETTLEMENT CONTRACTING AGENCY ONLY

Teledyne Brown Engineering 300 Sparkman. Drive, Huntsville, AL 35805

Reimbursement for Purchased Parts
Labor

321,497.00 7,759.00 1,776.00 37,294.00 25,783.00

ODC General and Administrative Expenses Profit

SCHEDULE G- DISPOSAL AND OTHER CREDITS (Item 17)

DESCRIPTION

AMOUNT

FOR USE OF . CONTRACTING AGENCY ONLY

~('/t practicable, show separately amount of disposal credits applicable to acceptable fini;~hed product inca ded in item 15.) (Wh~e~ th~ space p-?5~iE]-~fS?--~-n-~-7)~-fb-~Tn-a~b-~-iS -ih-s~Tf]~7~-n-t, continue on a separat-e ~heet.) STANDARD FORM 1435 (REV. 9-97) PAGE 3

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TYPE OF PAYMENT¯

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AMOUNT
CONTRACTING AGENCY ONLY

SCHEDULE H-'ADVANCE, PROGRESS AND PARTIAL PAYMENTS Item 19) DATE

'Wher~ the space provided for any informa'tion is insufficient, continue on a separate she ~t,) ...

CERTIFICATE This is to certify that the undersigned, individually, and as an authorized representative of the Contractor, has examined this termination settlement proposal and that,: to the best knowledge and belief of the undersigned:. , (a) AS TO THE CONTRACTOR'S OWN CHARGES. The propos, ed ,settlement (exclusive of charges set forth in Item 14) and supporting schedules and explanations have been prepared from the books of account and records of the Contractor in accordance with recognized commercial accounting practices; they include only those charges allocable to the terminated portion of this contract; they have been prepared with knowledge that they will, or may, be used ~.irectly or indirectly as the basis of settlement of a termination settlement proposal or claim against an agency of the United States; and the charges as stated are fair and reasonable. (b) AS TO THE SUBCONTRACTORS' CHARGES. (1) The Contractor has examined, or caused to be examined, to an extent it considered adequate in the circumstances, the termination settlement proposals of its immediate subcontractors (exclusive of proposals filed against these immediate subcontractors by their subcontractors); (2) The settlements on account' of immediate subcontractors own charges are fair and reasonable, the charges are allocable to the terminated portion of this contract, and the settlements were negotiated in good faith and are not more favorable to its immediate subcontractors than those that the Contractor would make if reimbursement by the Government were not involved; (3) The Contractor has received from all its immediate subcontractors appropriate certificates with respect to their termination settlement proposals, which Certificates are substantially in the form of this certificate; and (4) The Contractor has no information leading it to doubt (i) the reasonableness of the settlements with more remote subcontractors or (ii) that the charges for them are allocable to this contract. Upon receipt by the Contractor of amounts covering settlements with its immediate subcontractors, the Contractor will pay or credit them promptly with the amounts so received, to the extent that it has not previously done so. The term "subcontractors," as used above, includes suppliers. NOTE: The Contractor shall, under conditions stated in FAR 15.403, be required to submit a Certificate of Current Cost or Pricing Data (see FAR 15.406-2 and15.4-08 Table 15-2).

NAME OF CONTRACTOR

BY (Signature of authorized official)

TITLE

~ms De'velopment Corporation
. OF SUPERVISORY ACCOUNTING OFFICIAL

President
TITLE

Lawrence Matthews

Accountinr~ R~ ~n~rvisor
STANDARD FORM 1435 (REV. 9-97) PAGE4

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I Expires: 05/31/98 OMB No,, 9000-0012

SCHEDULE OF ACCOUNTING INFORMATION

#ubi[~ reporting burden for this '8ollection 0f"infc~rmation is e~timated to average 2.5 hours per response including the time for ,ling instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the 'on of information. Send comments regarding this burc]en estimate or any other aspect of this collection of informat on, ~g suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Acquisition and Regulatory Policy, GSA, V~_ .,ngton, DC 20405; and to the Office of Management and Budget, Paperwork Reduction Project (9000-0012), Washington, DC

20503,

To be used by prime contractors submitting termination proposals under part 49 of the Federal Acquisition Regulation. Also suitable
for use by subcontractor in effecting subcontract settlements With prime contractor or immediate subcontractor. THIS PROPOSAL APPLIES TO (Check one) A PRIME CONTRACT WITH SUBCONTRACT OR THE GOVERNMENT PURCHASE ORDER SUBCONTRACT OR PURCHASE ORDER NO.(S) CONTRACTOR WHO .SENT NOTICE OF TERMINATION NAME AND ADDRESS (Include ZIP Code) COMPANY (Prime or Subcontractor)

Systems Development Corporation
STREET ADDRESS

225 Spragins Street, Suite G
CITY AND STATE [Include ZIP Code)

Huntsville, AL 35801
NAME OF GOVERNMENT AGENCY

US Army Aviation & Missile Command
GOVERNMENT PRIME CONTRACT NO. CONTRACTOR'S REFERENCE NO. EFFECTIVE DATE OF TERMINATION ..

DAAH0100C0077

Hawk ! 17 February 2004

1. INDIVIDUAL IN YOUR ORGANIZATION FROM WHOM ADD r'[bNAL N.FbRM'AT ON MAY BE REQUESTED ON QUESTIONS RELATING TO: ACCOUNTING MATTERS PROPERTY DISPOSAL N~,ME NAME

Lawrence Matthews
TITLE TELEPHONE NUMBER .

Gilliam Carpenter
TITLE TELEPHONE NUMB'ER

Accounting Supervisor
ADDRESS (Include ZIP Code)

(256) 382-4600

Contracts Administrator
ADDRESS [Include ZIP Code)

(556) 382-4600

225 Spragins Street, Suite G ~sville, AL 35801
~'ES r-] NO [Name and address of accountants)

225 Spragins Street, Suite G Huntsville, AL 35801

THE ACCOUNTS OF THE CONTRACTOR SUBJECT TO REGULAR PERIODIC EXAMINATION BY INDEPENDENT PUBLIC ACCOUNTANTS?

3. INDEPENDENT ACCOUNTANTS, IF ANY, WHO HAVE REVIEWED OR ASSISTED IN THE PREPARATION OF THE ATTACHED PROPOSAL NAME ADDRESS (Include ZIP Code)

NA

4..GOVERNMENTAL AGENCY(IES) WHICH HAVE REVIEWED YOUR ACCOUNTS IN CONNECTION WITH PRIOR SETTLEMENT PROPOSALS DURING THE CURRENT AND PRECEDING FISCAL YEAR NAME ADDRESS [Include ZIP Code)

Defense Contract Audit Agency (DCAA)

620 Discovery Drive, Huntsville, AL 35806

5. HAVE THERE BEEN ANY SIGNIFICANT DEVIATIONS FROM YOUR REGULAR ACCOUNTING PROCEDURES AND POLICIES IN ARRIVING AT THE COSTS SET FORTH THE ATTACHED PROPOSAL? flf "yes," explain briefly)

[] YES [] NO
6. WERE THE DETAILED COST RECORDS USED IN PREPAhIN~..~HE,,,, PRO.P~..~L CONTROLLED BY AND IN AGREEMENT WITH YOUR GENERAL BOOKS OF ACCOUNT? ~ YES UNO 'ATE METHOD OF ACCOUNTING FOR TRADE AND CASH DISCOUNTS EARNED, REBATES, ALLOWANCES, AND VOLUME PRICE ADJUSTMENTS. SUCH ITEMS EXCLUDED FROM COSTS PROPOSED? YES NO

AUTHORIZED FOR LOCAL REPRODUCTION

(Where the space provided for any information is insufficient, continue o~ a separate~,,~u,.~ ~ " ' STANDARD FO"R ......... (REV. 7-891 IV] 1439

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STATE METHOD OF RECORDING AND ABSORBING (1) GENERAL ENGINEERING AND GENERAL DEVELOPMENT EXPENSE AND (2) ENGINEERING AND DEVELOPMENT EXPENSE DIRECTLY APPLICABLE TO THE TERMINATED CONTRACT.

NA

9. STATE TYPES AND SOURCE OF MISCELLANEOUS INCOME AND CREDITS AND MANNER OF RECORDING IN THE IN'COME OR THE COST ACCOUNTS SUCH AS RENTAL OF YOUR FACILITIES TO OUTSIDE PARTIES, ETC.

Interest Income - Recorded as "Delinquent Payments from Customers"

10. METHOD OF ALLOCATING GENERAL AND ADMINISTRATIVE EXPENSE.

These expenses are allocated to the G & A Pool.
11. ARE COSTS AND INCOME FROM CHANGE ORDERS SEGREGATED FROM OTHER CONTRACT COSTS AND INCOME? {If "Yes," by what methods?)

NA

12'. METHOD OF COMPUTING PROFIT SHOWN IN THE ATTACHED PROPOSAL AND REASON FOR SELECTING THE METHOD USED. FURNISH ESTIMATE OF AMOUNT OR RATE OF PROFIT IN DOLLARS OR PERCENT.ANTICIPATED HAD THE CONTRACT BEEN COMPLETED.

Profit was computed on a fee per board. The reasonable rate was offerred as 11% and would have remained at that wel if the contract had been completed.

13.. ARE SETTLEMENT EXPENSES APPLICABLE TO PREVIOUSLY TERMINATED CONTRACTS EXCLUDED FROM THE ATTACHED PROPOSALS? (If "NO, "explain.)

I-1 "~Es F1 NO NA
14. DOES THIS PROPOSAL INCLUDE CHARGES FOR MAJOR INVENTORY ITEMS AND PROPOSALS OF SUBCONTRACTORS COMMON TO THIS TERMINATED CONTRACT AND OTHER WORK OF THE CONTRACTOR? (If "Yes," explain the method used in allocating amounts to the terminated portion of this contract.)

rq NO
Charges are allocated to the cori'esponding element on the SF 1435, Settlement Proposal

15. EXPLAIN BRIEFLY YOUR METHOD OF PRICING INVENTORIES, INDICATING WHETHER MATERIAL HANDLING COST HAS BEEN INCLUDED IN CHARGES. FOR MATERIALS.

The cost of parts purchased by the subcontractor does not include SDC, In.handling cost. Howev.er, G&A is separatelyl ~pplied as indicated on SF 1435, Schedule C.

ARE ANY PARTS, MATERIALS, OR FINISHED PRODUCT, KNOWN TO BE DEFECTIVE, INCLUDED IN THE INVENTORIES? [If "Yes," explain.)

[] NO
IWhere the space provided for any information is insufficient, continue on a separate sheet.) STANDARD FORM !439 (R_~V. z.8.~} PAGE 2

-58SDC 94

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[] YES [] NO

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1'7. ~/~'R'~"'i'~4VEN'I"ORY QUANTITIES B'ASED ON A PHYSICAL COUNT AS OF THE DATE OF TERMINATION? (If "No," explain exceptions.)

The inventory of Purchased Parts was conducted on 17 March 2004.

~ESCRIBE BRIEFLY THE NA]-URE OF INDIRECT EXPENSE ITEMS INCLUDED IN INVENTORY COSTS (See ScheduleA, SF 1435) AND EXPLAIN YOUR METHOD OF ALLOCATION USED IN PREPARING THIS PROPOSAL, INCLUDING IF PRACTICABLE, THE RATES USED AND THE PERIOD OF TIME UPON WHICH THEY ARE BASED.

NA

19. STATE GENERAL POLICIES RELATING TO DEPRECIATION AND AMORTIZATION OF FIXED BASES, UNDERLYING POLICIES.

SDC, Inc. employs the straight line method of depreciation..

20. DO THE COSTS SET FORTH IN THE ATTACHED PROPOSAL INCLUDE PROVIS, IONS FOR ANY RESERVES OTHER THAN DEPRECIATION RESERVES? (If "Yes, "list such reserves.)

F"tl ~ YES

[] NO

ATE POLICY OR P~iOCEDURE FOR RECORDING AND WRITING OFF STARTING LOAD.

NA

22. STATE POLICIES FOR DISTINGUISHING BETWEEN CHARGES TO CAPITA~ (FIXED) ASSET ACCOUNTS AND TO REPAIR AND MAINTENANCE ACCOUNTS.

Charges which exceed $1,000.00 are normally charged to "Fixed Asset" Accounts.

23. ARE PERISHABLE TOOLS AND MANUFACTURING SUPPLIES CHARGED DIRECTLY TO CONTRACT COSTS OR INCLUDED IN INDIRECT EXPENSES?

NA

(Where I:l~e space provided for any information is insufficient, continue on a separate sheet.),

-59-

STANDARD FORM i439 (REV. /-B3) PAGE 3

SDC 95