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

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 1 of 34

AWARD/CONTRACT 2. Contract (Prec. Inst. Ident) No.
DAAH01-00- C-0077

1. This Contract Is A Rated Order Under DPAS (15 CFR 700) 3. Effective Date 2000MAY09

~p [ Rating ~OA2

{ Page 1 Of 27

4. Requisition/Purchase Request/Project No. SEE SCHEDULE Code ~

5. Issued By US ;J~MY AVIATION & MISSILE COMM3%~D ~4SAM- AC-ML- SA GERA!~DINE WILL£~MS (256) 876-7288 REDSTONE ARSENAL AL 35898-5280

Code I W31P4Q ~ 6. Admln|stered By (If Other Than Item 5)

DCMC BIRMINGHAM BURGER PHILLIPS CENTER 1910 THIRD AVE NORTK RM 201 BIRMINGHAM AL 35203-2376 SCD c PAS NONE 8. Delivery ADP PT HQ8338

e-malt address: W£LIAMS-GM @ REDSTONE.ARMY.MIL 7. Name And Address Of Contractor (No. Street, City, County, State, And Zip Code)

SVSTm~S D~.VBaOP~T CO~
~95o RESV-~,RC~ DR HUNTSVILLE AL

35805

[] FOB Origin [] Other (See Below) SEE SCHEDULE 9. Discount For Prompt Payment .

TYPE BUSINESS: Small DisadvanCaged Business Performing in U.S. Code 75123 11. Ship To/Mark For SEE SCHEDULE ..... I Facili~ Code Code L.~

10. Submit Invoices (4 Copies Unless Othervdsc Specified) To The Address Shown In: 12. Payment Wffi Be Made By DFAS - COLUMBUS CENTER SOUTH ENTITLEMENT OPERATIONS P O BOX 182264 COLL~M~US OH 43218°2264

I Item 12 Code ~

14. Accounting And Appropdafion Data A~!~: AA 97 X4930ACgF 6X 26K~ S01O21 HQ8304 15D. Unit 15C, Quantity 15E. Unit Price 15F. Amount KIRD OF CONTRAU'2: Supply Contracts and Priced Orders Other Contract Expiration DaCe= 2004DEC31 lSG. TotalAmountOfContra~t "~ I... ~3o,ooo.oo .... 16. Table Of Contents ' I Page(s) (X) ] Section ] ...... Description I Page(s) Description Part I - The Schedule Part II - Contract Clauses 1 x A S011citation/Contract Form I [ Contract Clauses' 3 B Supplies or Service~ ,nd Prl~i/Cost~ .......... Part LU - List Of D0~nment~, Exhibits, And Other Aflachment~ C X [' List of Attachments [ 27 '" Descdptlon/SPecs./Work Statement .... Packaging and Marking D 12 Part IV - Repr~en~ati~ns And Instructions ...... K Representations, Certifications, a'~d E 13 In~pection and Acceptance F Deliveries or Performance 14 Other Statements of Offerors G C0~tract Administration Data 15 L Instrs., Conds., a.nd Natlee~..to Offerors 16 M Evaluation Factors for Award Special Contract Requirements Contracting Officer Will Complete Item 17 Or 18 As Applicable 17. [] Contractor's Negotiated Agreement (Contractor is 18. [] Award (Contractor is not required to sign this document.) Your offer on required to sign this document and return -- copies to Solicitation Number DAAH0100R0013 Including the additions or issuing office.) Contractor agrees to furnish and deliver all items changes made by you which additions or changes are set forth in full above, Is or perform all the services set forth or otherwise identified above hereby accepted as to the items listed above and on any continuation sheets. This and on any continuation sheets for the consideration stated herein, award consummates Ihe contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b)this award]contract. No The righls and obligations of the partie~ to this contract shall be subject to and governed by the following documents: (a) thls further contractual document is necessary. award]contract, (b) the solicitation, if any, and (c) such provlslnnt, representatlon~, certifications, and specifications, as are attached or Incorporated by reference herein. (Attachments are listed herein.) 20A, Name Of Contracting Officer 19A. Name And Title Of Signer (Type Or Print) MARGARET KING [email protected] 1256) 842-7553 19B. Name of Contractor 19c. Date Signed 20B. United States Of America 20C. Date Signed

13. Authority. For Using Other Than Full And Open Competition: [] I0 U.S.C. 2304(c)( 5 ) [] 41 U.S.C. 253(c)( 15A. Item No. 15B. Schedule O.f Supplies/Services SEE SCHEDULE ~OlCTl~a.~ TYPE Fi~ - Fixed - Pri

!

By (Si~ nature,, of person authorized to sign) .... NSN 7540-01-152-8069 PREVIOUS EDITIONS UNUSABLE (Siguatare of Contracting Officer) 25-I06 Standard Form 26 (Rev. 4-85) GPO : 1985 0 - 478-632 Prescribed By GSA-FAR (4.8 CFR) 53,214(a)

SDC 7

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 2 of 34

CONTIiNUATION SttEET ]

Reference No. of Document Being Continued
PIIN/SIIN D~01-00-C-0077 MOD/AMD

Page z 0f27

Name of Offeror or Contractor: EYST~MS E~VELOP~mt~r CORP
SECTION A - SUPPLEMEq~TAL INFORMATION {ONE) [TWO) 3. 4. 5. [THREE) tFOUR) WILL BEGIN FROM DATE OF AWARD ~"HROOGH DAY 365. WILL BEGIN FROM DATE 366 AND WILL RUN THROUGH DAY 732. WILL BEGIN ON DAY 732 AND WILL RUN THROUGH DAY 1,097. WII~L BEGIN ON DAY 1,098 A~D WILL RUN THROUGH DAY 1,463.

PERIOD 5 ~FIVE) WELL BEGIN ON DAY 1,464 ~ND WILL RDN T}~ROUGH DAY 1.828.

*** END OF NA2d~ATZVE A007 *** MIL-STD-2000 ~S CITED ON THIS T~P. WAIVER APPROVED ALLOWING CONTRACTOR TOUSE CANCELLED MIL-S-13949 FOE PROM D1943064 ONLY.

*** END OF NARRATIVE A008

SDC 8

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 3 of 34

ReferenceNo. of Document Being Continued CONTINUATION SHEET PIIN/SIIN DAAIq01-00-C-0077 MOD/AMD UNIT:

I Page a of 27

Name of Offeror or Contractor: ~YSTEMS D~V~.r~OPHENT CORP SUPPLIES/SERVICES ITEM NO SECTION E - SOPPLIES OR SZRVlCES Ah~ PRIC~S/COSTS
oooi 0001A2% Supplies or, Services and, prices/Costs

QUANTITY

UNIT PRICE

AMOUNT

2

iS., 2~,t516!05000 $

43~032.10

NSN: 5998-01-319-4313 FSCM: 18876 pART NR: 13235072 SECURITY CLASS: unclassified PRON: D1943064DI PRON AMI): 04 AMS CD: 060011 Description/Specs./Work Statement TOP DRAWING NR: 1325072 Pac~a~in@ and Markins IAW MILSTD2073 D~IT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PACKING: Minimal LOP PKG-REF LPK PACK-REF QUP MILITARY MILSTD2073 M£NrMAL O01

ACR!: AA

MP GX

CD PM 1 00

WM CD CT UC IC XX XXX NS00

PK L

SM OPI 39

MAXIMUM - UP-WT ..... UP-LN .... UP-WD .... P-DP U 0000001.8 010.5 010.5 004.0

(End of narrative D001)

Inspec~ion and Acceptance INSPECTION: Orlg~n ACCEPTANCE: Destination Government Approval/Disapproval Days: 90 Deliveries or Performance DOC SUPPL 003 W31P4Q92940030 W31P0W DEL REL CO QUANTITY 001 2 J DEL DATE 08-AUG-2000 3

FOB POINT: Destination SHIP TO: PARCEL POST ADDRESS {W31P0W) TRANSPORTATION OFFICER BLDG 8022 M~RK FOR: RTTC, BLDG 4500 ATe: STERT-TE-E-CS MARK FOR: QV; FIRST ART;OR CONF

SDC 9

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 4 of 34

Reference No. of Document Being Continued Page 4 of ~7 CONTINUATION SHEET PIIN/SIIN D~Ol-00-C-0O~7 MOD/AMD Name of Offeror or Contractor: S~STEMS DEVELOPMENT CORP SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE tTE~ NO
REDSTONE ARSENAL, A5 35S98-8052

AMOUNT

0001AD

PRODUCTION QUANTITY WITH FIRST ARTIC~~

22

$ 17,589.45000

386,967_~90

FSCM: 18876 SECURITY CLASS: Dnclasslfled PRON~D: 04 PROW: DI943064D1 AMS CD: 060011 9esc~ip~on/Spec~./Work Statement

ACRN: AA

Packagins and Marklns ~q~IT PACK: 001 INTER/MEDIATE PAC~: 000

LEVEL PACK~NO: Minimal LOP PKG-REF LPK PACK-REF QUP ICQ MILITARY MILSTD2073MINIM~%L 001 000

MP GX

CD PM 1 00

WM CD CT UC XX X~ X NS

IC 80

PK L

SM OPl 39

0000001.8

010.5

010.5

004.0

(End of narrative D001)

Inspection and Acceptance INSPECTION: Origin ACCEPTANCE: Origin Deliveries or Performance DOC SUPPL REL CD MILSTRIP ADDRIG CD S MARK FOR 001 W31G3H90851959 W25GIU J DEL REL CD ~UANTITY DEL DATE 001 9 02"FEB-2001

TP CD 3

(W25GIU)

XU TRANSPORTATIONFFICER O DDSP NEW C~MBERLAND FACILITY BUILDING MISSION DOOR 113 134 NEW CUMBEP~LAND PA 17070-5001

SDC 10

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 5 of 34

CONTINUATION SItEET Name of Offeror or Contractor:
ITEM NO

Reference No. of Document Being Continued PIIN/SIIN D,'~.:-tO1-OO-C-O077 MOD/AMD
DEVELOPMENT CORP

SYST~S

SUPPLIES/SERVICES

QUANTITY

UNI 1"

UNIT PRICE

AMOUNT

DOC SUPPL R~L C~ MILSTRIP ADDR SIG CD MARK FOR TP CD 002 W31G3HS0891960 W62G2T J 3 DEL DATE DEL REL CD Q~ANTI~"/ 001 13 03-FEB-2001

SHIP TO: pARCEL POST ADDRESS DISTRIBUTION DEPOT SAN JOAQUIN CONSOL AND CONTAIN PT P O HOX S6O001 STOCKTON CA 95296-0130

0O05 0005AA
OUTYEAROPTION - YR Ol SECURITY CLASS: Unclassified

NOUN: CIRCUZT CARD ASSEMBLY FSCM: 18876 PART NR: 13235072 SECURITY CLASS: UNCLASSIFIED

DESCRIPTXON/SPECS/WORK STATE~fENT TOP DRAWING NK: 13235072

SNIP TO: DESTINATIONS TO BE FURNISHED

RANGE B " 6-10 $ 1 346.00 RANGE C - 11-16 $ i 221.00

{End of narrative BOO1)

PACk.AGING/PACKING/SPECIFICATIONS: IAWMILSTD2073

LEVEL PACKING: Minimal Inspec,tion and A~ceptance INSPECTION: Origin ACCEPTANCE: Origin

DOC

SUPPL

SDC 11

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 6 of 34

CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SIIN DAmlol-oo-c-oo77 MOD/AMD QUANTITY UNI1

Page 6 of~7

Name of Offeror or Contractor:SYSTEMS DEVELOPMENT UORP S'UPPLIES/SERVICES iTEM NO
REL CD 001 MILSTRIP ADDR SIG CD MARK FOR TP CD

UNIT PRICE

AMOUNT

FOB POINT: Origin

0006 0006AA

S_upplles o~ S@rvices and Pr!ces[Costs
EA $.UNDEFINITIZED

SECURITY CLASS: Unclassified OUTYEAR OPTION - FY 01 NSN: 5998-01-319-4313 NOUN: CIRCUIT CARD ASSEMBLY FSCMI 18876 SECURITY CLASS : UNCLASSIFIED INCREMENTAL QUANTITY RANGE 5-16 EA DESCRIPTION[SPECS[WORK STATEMENT

SHIP TO: DESTINATIONS TO EE FURNISHED OUTYEAR OPTION - PY 01 RANGES P3%NGE A - 1-5 RANGE B - ~-i0 $ 2 753.13 $ I 346.00

IEnd of narz'atlve E001~

9a~kaqlns and Markinq PACKAGING/PACKTNG/SPECIFICATIONS : IAWMILSTD2073 LEVEL PRESERVATION: Military L~VEL PACKING: Minimal ~ns~ection and Acceptance INSPECTION: Origin ACCEPT/~CR: Origin Deliveries or Performance

001 FOB POINT: Origin

0007 O007AA

S_~plies or Servi,~es and Prices/Costs OUTYEAR OPTION - YR 03 SECURITY CLASS," Unclassified OUTYEAROPTION - FY 02
$,,UNDEFIN~T£ZED

SDC 12

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 7 of 34

CONTINUATION SHEET

Reference No. of Docume.t Being Continued PIIN/SIIN Dnnnol-oo-c-oo77 MOD/AMD UNIT UNIT PRICE

Name of Offeror or Contractor: SYST~S O~.VE~OPM~ SUPPLIES/SERVICES ~TE~ NO
NSN: 5998-01-319-4313 NOUN~ CIRCUIT CARD ASSEMBLY FSCM: 18076 pART N~: 13235072 SECURITY CLASS : UNCIJ%SSIFIED EA INCREMENTAL QUANTITY P3%NGE 11-30 DESCRIPTION/ SPECS/WOP~K STAT~NT TOP DRAWING NR: 13235072

QUANTITY

AMOUNT

SHIP TO: DESTINATIONS TO BE FURNISHED OUTYF2%R OPTION - FY 02 RANGES

RANGE A - 1-11 $ 2 786.22 RANGE B - 12-20 $ 1 273.72 RANGE C - 21-30 $ 1 214.75

(End of narrative B001)

Packa.qin,q and Markin~ PACKAGING/PACKiNG/SPECIFICATIONS : IAWMILSTD2073 UNIT PACK: 001 INT~DIATE PACK: 000 LEVEL PRESERVATION: Military LEVEL PACKING: Minimal Inspection and, Acc~eptanc~e INSPECTION: Origin ACCEPTANCE: origin Deliveries or Performance DOC SUPPL RED CD MILSTRIP ADDR SIG CD ~LqRK FOR TP CD 001 FOB POINT: Origin
OOOB 0008AA

_Supplies o~ Services and Prlces/Costs 0UTYEAR OPTION - YR 04 SECURITY CLASS: Unclassified OUTYEAR OPTION - 03 FY NSN: 5998-01-319-4313 NOUN: CIRCUIT CARD ASSEMBLY FSCM: 18876 PA~T NR: 13235072 SECURITY CT~ASS : UNCLASSIFIED INC;LEMENT~J~ QU~J~TITY RIJ~GE 7-21 EA DESCRIPTION/SPECS/WORK S TATE~4ENT TOP DRAWING NR: 13235072
$ ~EF!NITIZED

SDC 13

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 8 of 34

CONTINUATION SHEET

Reference No. of Document Being Continued PIIN/SIIN D~Q~.-oo-c-0o~v MOD/AMD UNIT

Page

s of 27

Name of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP SUPPLIES/SERVICES
SHIP TO: DESTINATIONS TO BE FURNISHED

QUANTITY

UNIT PRICE

AMOUNT

RANGE B - 8~15 $ ~ P~ANGE C - 16-21 $ 1 273.60

(End of narrative B001)

Packaging and Marking PACKAGING/PACKING/SPECIFICATIONS : IAWMILSTD2073 UNIT PACK: 001 INTERMEDIATE PACK: 000 LEVEL PRESERVATION: Military

Inspection and Acceptance INSPECTION: Origin ACCEPTANCE: origin Deliveries or Perfforman~e DOC SUPPL MILSTRIP ADDR SIG CD MARK FOR TP CD REL CD 001 FOB POINT: Origin OO09 O009Az~ SUDplles or Services and Prices/Costs OUTYEAR OPTION - YR5 0 SECURITY CLASS: Unclassified OUTYEAR OPTION - 04 FY NSN: 5998-01-319-4313 NOD~: CIRCUIT CARD ASSEMBLY PART NR: 13235072 SECURITY CLASS : UNCLASSIFXED INCREMENTAL QUANTITY RANGE 7-21 EA DESCRiPTION/SPECS/WORK STATEMENT TOP DRAWING NR: 13235Q72

SHIP TO: DESTINATIONS TO BE FURNISHED OUTYEAR OPTION - FY 04 RANGES

RANGE B - B-15 $ i~411.99 RANGE C - 16~21 $ 1 308.87

SDC 14

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 9 of 34

Reference No. of DocumentBelng Continued CONTINUATION SHEET PIIN/SIIN DA~H0,-OO-C~O077 MOD/AMD

[ Page 9 of 27

Name 0fOfferor or Contractor: s~s~s D~V~LOPME~T CORP ITEM NO SUPPLIES/SERVICES
{End of narraUive BOO!)

QUANTITY

VNI~ PinCh:

AMOUNT

Packs~n~ and Harklns PACKAGiNG/PACKING/SPECIfICATIONS: IAWMILSTD2073 UNIT PACK: 0Ol INTERMEDIATE PACK: 000 LEVEL PRESERVATTON: Military LEVEL PACKING: Minimal Inspection and Acceptance INSPECTION: Origin ACCEPTANCE: Origin Deliveries or'Performance DOC SUPPL REL CD MILSTRIP ANDR

SIG CD MARK FOR TP CD

FOB POINT: Origin

SDC 15

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 10 of 34

CONTINUATION SHEET [
Name of Offeror or Contractor:

Reference No. of Document Being Continued
PIIN/SIIN Dgga0:t- 00-¢-007~ MOD/AMD

DELIVERY FOR ALL OPTION PERIODS SHALL BE 90 DAYS AFTER OPTION EXERICSE APPLICABLE ON ALL OPTION PERIOD O~ CLINS. F.O.B. ORIGIN IS

(OR FIRST 2~RTICLE APPROVAL,

WHICHEVER IS I~ATER).

NOTS: DEPENDING ~HICH F£S~ YE~ ~E F~RST OPTION PERIOD IS P~C~D, ~E FIRST OPTION ~E£~CSE PERIOD WOU~ BE ~DEK CS~M ON 0005~, 0006~, 0007~, 0008~, OR 0009~ REFLECTED. ~B~SEQ~NT OPTION EXERCISE P~IOD[S) WITHIN ~E S~E PERIOD WOULD THEN BE 0005~, 0006~, ETC., ~SPECT~VELY.

SDC 16

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 11 of 34

CONTINUATION SHEET

I

ReferenceNo. of Document Being Continued PIIN/SIIN D.~kH01- 0O- C- 0077 MOD/AMD

Page 11 of 2~

Name of Offeror or Contractor: SYST~S DE~Zn~ CORP

Re.qulatq~y Cite C-I 52,209-4716

Title

Date

ELECTRONIC FABRICATION: REQUIREMENTS FOR SOLDERED ELECTRICAL AND JUN/1997 ELECTRONIC ASSEMBLIES Notwithstanding any other provision contained in any part of this contract to the contrary, the mlni~um requirements/standards for soldering electrical and electronic assemblies shall be the non-military Joint industry standard, ANSI/J-STD-001, Class 3.

The revision of AMSI/J-STD-001 in effect on the effective date of the contract shall govern the hardware produced hereunder.
A copy of ANSI/J-STD-001 may be obtained from the ~nstitute for Interconnecting and Packaging Electronic Circuits 2215 Sanders Road, Northbrook, IL, 60062-6135, telephone number (847) 509-9700, fax number (847) 509-9798.

ii
SDC 17

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 12 of 34

Reference No. of Document Being Continued

CONTINUATION SI-[EET Name of Offeror or Contractor:
Resu!atorY cite

PI1N/SIIN D~.~.qo 1- oo- c- oo77

MOD/AMD

SYSTEMS DEVELOPMENT CORP

SECTION D - PACKAGING AND MARKING

Tit~e

Date

52.208-4700 REPLACEMENT PRESERVATIVE FOR P~NTACH~OROPHENOL OL*N/1997 D-I ~f packaging requirements of this contract specify the use of wood products and a prese~-vetlve is required, Pentachlorophenol, commonly referred to as "Penta" or "PCP" is prohibited, Replacement preservatives are 2 percent copper naphthenate, 3 percent zinc naphthenste or 1.8 perczn~ copper 8 qu~nollnolate.

BAR CODE MARKINGS D-2 52.247-4700 J~JN/1997 Bar Code Markings ere required in accordance with the latest revision off MIL-STD-129, and ANS[/A~M-BCI, Uniform Symbology Specification Code 39.

SDC 18

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 13 of 34

CONTINUATION SHEET
Name of Offeror or Contractor:

Reference No. of Document Being Continued PIIN/SIIN D~01-00-c- 0077 MOD/AMD

Page 13 of 2"~

SYSTEMS DEVELOPMENT CORP

SECTION E - INSPECTION AND ACCEPTANCE NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference.

E-I E-2 E-3

~gu~atory Cite Title INSPECTION OF SUPPLIES - FIXED-PRICE 52.246-2 RESPONSIBILITY FOR SUPPLIES 52.246-16 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT

Date AUG/1996 APR/1984 DEC/1991

E-4 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT Insert ANSI/ASQC Q/ISO 9003 OR EQUIVALENT in the blank in the above referenced clause.

E-5 52.209-4703 DISPOSITION OF FIRST ARTICLE/QUALITY VERIFICATION SAMPLES JUN/1997 Upon testing and acceptance, the First Artlcle/~q/allty Verificarlon samples become the property of the Government and disposition of said items will be made by the Government. Upon written notification from the Procuring Contracting Officer of rejection of the First Article/Quality Verification samples, the contractor shall furnish written disposition instructions authorizing return of the items at contractor's expense.

52.209-4704 DUPLICATE FIRST ARTICLES JON/1997 E-6 a. The Government reserves the right to delete, within sixty 16O) days from contract award and without cost to the Government, the contractual requirement for the first article(s) identified in the schedule from a contractor who has received a previous contract with a first article requirement for the same or similar item, provided that the contractor receiving the previous award has receivsd approval and acceptance of the first article(s) from the Government. In the event the Government elects to delete the first article(s) as herein permitted, the contract price shall be the price bid for production units without the first article end the delivery schedule shall be as set forth in the contract for delivery of units without the first article(s), extended on a day-to-day basis, from the date of award until notification of first article deletion is made. b. TO eliminate unnecessary additional costs, the contractor receiving an award which includes the requirement for an additional first article as discussed above, shell not incur any cost lu coDnection with satisfaction of the requirement for the first article. Instead, he shall immediately notify the contracting officer and await written instractlons tO either delete the additional first article requirement or to proceed with manufacture of the additional first article(s).
(End of clause)

E-7 ~2.209-4705. FIRST'ARTICLE - INSPECTION AND ACCEPTANCE The Government S~all perform Contract Quality Assurance at origin; however, test and evalnatlon, final inspection, acceptance, and approval shall be at destination. The first article s~bmitted for testing under this contract shall meet such performance requirements and material, dimensional, beat treat, surface finish and functional requirements as set fortb in the drawings, supplementary quality assurance provisions and specifications. The Government will perform sucb chemlcal, physlcsl functional and environmental tests as necessary to determine that the requirements of the applicable specifications and drawings have been met.

PREPARATION OF DD FORM 250 E-S 52.246-4705 JUN/1997 Material Inspection and Receiving Reports (DD FORM 250) will be preparsd and distributed in accordance with DoD FAR Supplement 252.246-7000 and Appen4ix F. Copies for the purchasing office and inventory control manager will be forwarded to the address in the "Issued By" block on the face of the contractual document. If an individual order contains the clause entitled 'warranty of Systems and Equipment under Performance Specifications or Design Criteria', the statement below shall accompany each copy of the DD For~ 250: Supplie~ are covered by a warranty for a period of one hundred twenty (120) calendar days after acceptance. If an item is found to be defective, notify Commander, U.S. Army Aviation and Missile Command, Redstsne Arsenal, A1 35898, ATTN: AMSAM-RD-QA-QM-GS. Forward sn information copy of the notification to the c~gnizant CAO.

SDC 19

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 14 of 34

CONTINUATION SHEET
NameofOfferor or Contract0r: SYSTEMS

Reference No. of Docnment Being Continaed PIIN/SIIN D~0~.-00-C-0077
DEVELOPMENT CORP

MOD/AMD

SECTION F - DELIVERIES OR PERFOP~4ANCE NOTICE: The following solicitation provisions and/or contract cla~ses pertinent to.this section are hereby incorporated by .reference.

F-l F-2 F-~

Regulatoz-y Cit~ Title 52.211-17 DELIVERY OF EXCESS QUANTITIES STOP-WORX ORDER 52.242-15 GOVEPJqMENT DELAY OF WORK 52.242-17

Date SEP/1989 AUG/1989 APR/1984

14
SDC 20

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 15 of 34

CONTINUATION SHEET

Reference No. of Document Being Continued
PIIN/SIIN ~o~-oo-c-oo77 MOD/AMD

Page xs of ~

Name of Offeror or Contractor: S~ST~MS DEW~OPU~BT COR~
SECTION G - CONTRACT ADMINISTRATION DATA JOB ORDER NUMBER

LINE PRON/ OBLG ITEM AMS CD ACRN STAT ACCOLRTTING CEuASSIFICATION 97 X4930AcgF 6X 26KB S0~D21 0001AA DI943064DI AA 2 060011 000lAD DI943064DI AA 060011 2 97 X4930ACg~ 6X 26KB S01021

ACCOLR~TING STATION BQO304 $

OBLIGATED Ab~OLRTE ~3,032.10

BQ0304

$

386,967.90

TOTAL

$

43D,000.00

SERVICE NAME Alqny

TOTAL BY ACRN AA

ACCOUNTING CLASSIFICATION X4930ACgF 6X 97 26KB S01021

ACCOUNTING STATION RQO304 TOTAL

$ $

OBLIGATED AMOUNT 430,000.00 430,000.00

CONTRACTOR TA~ ID ~

=

58-2344926

*** END OF NARRATIVE G001 "*"

!5
SDC 21

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 16 of 34

CONTINUATION SHEET

[

Reference No. of Document Being Continued
PIIN/SIIN D~M.I01-O0-C-O077 MOD/AMD

I

Name of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP SECTION B - SPECIAL CONTRACT REQUIREMENTS

Regulatory Cite

Title

Date

H-I 52.209-4708 NOTICE FIRST ARTICLE NOT A MANUFACTURING STP!TDARD JUN/1997 A First Article submitted and subsequently approved under any contract resulting from this solicitation shall not be used as a manufacturing standard. The production quantity shall be produced in accordance with the contract terms, conditions, and specifications contained herein.

B-2 52.229-4700 CALIFORNIA SALES AND USE TAX (~J~92-1] FEB/1992 If this contract contains either the clause at FAR 52.245-2, Government Property (Fixed-Prlce Contracts), or 52.245-5, Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts), California sales tax on the purchase of any tangible personal property for the performance of this contract is not an allowable cost. Such purchases can be made tax-free by giving California vendors resale certiflca~ss, the form for which is prescribed by California tax authorities. This California sales tax exemption does cot apply to the purchase of any property to be incorporated into real property located in California.

{End Of provision) 52.248-4701 TECHNOLOGY INSERTION E~G~NEERING CHANGE PROPOSAL STATEMENT OF WOR~ JUN/1997 1. The contractor is encouraged to develop and submit TI proposals. The following instrnctions prescribe the requirements for implementing a Technical Insertion (TI] program and submitting TI Engineering Change Proposals 2. The contractor should consider submitting TI proposals when they will result in: a. The replacement of the existing design with a design that is less costly, more efficient to manufacture, more reliable, or more readily available.

The reduction of Operating and Sustainment IO&S) costs during the llfe of the system. may be targeted at different levels of the system, such as individual components, assembliss, modules and subassemblies. 3. TI Engineering Change Proposals shall be voluntarily submitted in accordance with paragraph 6. below. a. Contractor Benefit. The contractor shall he sntltled to up to 50% of any savings to the Government, to include any collateral costs (see paragraph 4) associated with O&S reduction or any savings on the instant contract (See paragraph 4). 4. Definitions.
a. Current Contract Savings refer to the net cost reductions on this contract. These savings are equal to the unit coat reduction multiplied by the number of contract units affeoted by the TI-ECP, minus the contractor's allowsble development and implementation costs.

b. Collateral Savings {as used herein] applies to the reduction in O&S costs, e.g., cost operation, maintenance, logistic support, Government-F~rnished property or future and concurrent acq~/isltiofl savings. S. Settlement of TI-ECP Benefits. The Amoant which may be due tO the contractor as a result of an approved T!-ECP shall be determined within the sole discretion of the Government and shall not be subject to the "Disputes" provision cf this contract.
6. Instructions for Submitting TI-ECPs. When the contractor submits a TI-ECP in accordance with this provision, the TI-ECP, ¯ regardless of the classification, will be prepared and submitted on DD Form(s) 1692-1 through 1692-6. Each TX-ECP submitted will be identified by stamping or printing TI-ECP on the top of each page. a. Sufficient supporting coat details to determine the change in price of each individual item involved and of the total contract increase as well as expected savings will be provided. A~ SF 1411 will be provided on actions which meet the threshold for Certified Cost and Pricing Data. If the TI-ECP requires that changes be made to the Technical Ptlblication(s), these changes will be described in the T~-ECP and the supporting cost details will be included. In addition, the cost of proposal preparation shall be included in the supporting cost data. Proposal cost shall only be allowed on TI-ECPs that are accepted and implemented by the Govern~nt.

b. The contractor shall provide an astlmate of the cost of technical data to adequately describe the item. This cost will be considered in evaluating the potential savings tO the Government.

-16SDC 22

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 17 of 34

CONTINUATION SHEET [

Reference No. of Document Being Continued
PIIN/$IIN D~-~o~- oo-c- oo77 MOD/AMD

Name of Offeror or Contractor: sYsT~s D~V~.LOPM~ ~ORP
C. The contractor shall forward the original and one copy of the T~-EC~ to the Procuring Contracting officer. One copy will also be forwarded to the Administrazive Contracting Officer.

SFECIIvL NOTE CON~RN~N~ VSCP. The contractor shall not be perm~ted to seek reimbursement for savings under a VBCP subsequent to acceptance of a TI-KCP incorporating those savings. The contractor shall likewise not be p~rmltted ~o seek reimbursement under a TI-ECP subsequent to acceptance of a VECP incorpora~in~ those savings,

7. The conCractor shall not stop work or delay performance of this contract during the evaluation of a T!-ECP, ~f the T~-ECP is approved, unite affected shall be identified as part of the TI-ECP. (End of p~ovision)

SDC 23

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 18 of 34

Reference No. of Document Being Continued PIIN/SHN DAAH01-00- C-0077 MOD/AMI) Name of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP CONTINUATION SHEET

Page ~8 of 27

SECTION I " CONTRACT CLAOSES NOTICE: The following solicitation provisions and/0r contrBct clsDses pertinent to this section are hereby ~ncorporated by reference.

1-2 I-3

52.203-3 52.203-5

1-9

52.209-6

1-13

52.215-8

1-17 1-18 1-19

52.222-4 52.222-20 52.222-26

1-21 1-22

52,222-36 52.222-37

Title DEFINITIONS GRATUITIES CO%tENANT AGAINST CONTINGENT FEES RESTRICTIONS ON SUBCONTRACTOR SALES THE GOVER!~MENT TO A~TI- ~/CKBACK PROCEDURES PRICE OR FEE ADJUSTMENT FOR ILLEGAL IMPROPER ACTIVIT~ OR LIMITATION ON PAY~ENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT MATERIAL REQUIREMENTS' DEFENSE PRIORITY ~ND ALLOCATION REQUIREMENTS -NEGOTIATION AUDIT AND RECORDS ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT INTEGRITY OF UNIT PRICES UTILIZATION OF SMALL BUSINESS CONCEENS CONVICT LABOR CONTRACTWORK SOURS AND SAFETY STANDARDS ACT - OVERTIM~ COMPENSATION WALSH-W~EY PUBLIC CONTRACTS ACT EQUAL OPPORTUNITY AFFIRMATIVE ACTIONOR DISABLED VETERANSAND ~IETERANSOF Thee VIETNAM F ERA AFFIRMATIVE ACTIONOR WORKERS F W~TH DISABILITIES EMPLOYMENT REPORTS N DISABLEDVETEF3%NS~ V~TERANS O OF THE VI~TN~

APE/1984 APE/1984

J~3L/1995

AUG/1996 JUL /1995 DEC/1996 FEB/1999 APE/1998 JUN/1998

ERA
1-23 1-24 1-25 1-26 I-~7 1-28 1-30 1-31 52.223-6 52.225-10 52.225-11 52.227-1 52.227-2 52.229-3 52.232-1 52.232-8 DRUG-FREE WORKPLACE JAN ~19S7 DUTY-FREE ENTRY RESTRICTIONS ON CERTAIN FOREIGN PURCHASES AUG ~1998 AUTHORIZAT£ON AND CONSENT JUL ~1995 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT AUG '1996 FEDERAL, STATE, AND LOCAL TAXES TAXES-COh"I~ACTS PERFOP2~ED U.S. POSSESSIONSOR PUERTO RICO IN PAYMENTS DISCOUNTSFOR PROMPT PAYMENT MAY '1997 EXTRAS APE '1984 INTEREST AVAILABILIT"/ OF FUNDS ASSIGNMENT OF CLAIMS PROMPT PAYMENT PAYMENT BY ELECTRONIC FD~DS TRANSFER - CENT~L CONTRA~OR REGISTRATION DISPUTES ~Ec/1998 PROTEST AFTER AWARD AUG/19S6 BANKRUPTCY JUL/1995 CHANGES - FIXED-PRICE AUG/1987 COMPETITION IN SUBCOhVfRACTING DEC/1996 TERMINATION POE CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) SEP/1996 DEFAULT (FIXED-PRICE SUPPLY ~ SERVICE) COMPUTER GENERATED FORMS CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR JAN/1997 IMPROPER ACTI IVITY PROHIBITION ON PERSONS CONVICTED OF FRAUD OR DEFENSE-CONTRACTOTHER MAR/1999 RELATED FELONIES CONTROL OF GOVER!~MENT PERSDNNEL ~ORK PRODUCT APR/1992 ACQUISITION PROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER NOV/1995 THE INTERMEDIATE-RANGE N'UCLE~R FORCES (INP) TREATY SUBCONTRACTING WITH FIRMS T~L~T ARE OWNED OR CONTROLLED BY THE MAR/1998 GOVERNMENT OF A TEERORIST COUNTRY

i-34 1-36 1-37

52.232-18 52.232-25 52.232-33

1-39 1-40 1-41 1-42 1-43 1-45 1-46 1-47 I-4B 1-49

52.233-3 52.242-13 52.243-1 52.244-5 52.249~2 52.253-1 52.203-8 252.203-7001 252,204-7003 252.209-7000 252.209-7004

SDC 24

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 19 of 34

Reference No. of Document Being Continued CONTINUATION SHEET PIIN/SIIN DA2~t01- O0-C- 0077 MOD/AMD Name of Offeror or Contractor: SYSTEMS OEVELOP~NT CORP

Page 1~ of 27

Re~ula tory cite

Title

Date

1-53

252.225-7009

DUTY-FREE ENVY - Q~AL~FYING CO.TRY SUPPLIES (~D PRODUCTS ~D

~/1998

X-62

252.242-7000

POSTAW~ CONFE~NCE

DEC/1991

1-65 52.209-4 ~RST ARTICLE APPROVAL Insert TWO EACH in the first blank; 0001AA OR 0003AA in the second blank; and 90 DAYS in the third bla~k; and TRANS OFFICER BLDG 8022, RSA TECH CENTER 4500, ATTN: STERT-TE-E-CS, REDSTONE ARSENAL, AL 3589S-8S52 in the fourth blank in paragraph (a) and insert 90 DAYS in the bla~ in paragraph (b) within the above referenced clause.

-

GOVERN

52.217-7 MAR/1989 1-66 OPTION FOR INCREASED QUANTITYSEPA~ATELY PRICED LINE ITEM *Insert OPTION EXERCISE PERIOD FOR OPTION YEAR AS SET OUT IN THE SCHEDULE IN SECTION E OF CONTRACT in the blar~ within the above referenced clause.

1-67 52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS FEB/1990 Insert U.S. ARMY AVIATION AND MISSILE COMMAND, ATT~: AMSAM-AC-ML-SA in the first blank and U.S. ARMY AVIATION AND MISSILE COMMAND, ATTN: AMSAM-AC-ML-SA in tbs second blank in paragraph |c); inssrt UoS. ARMY AVIATION AND MISSILE COMMAND, ATTN: AMSAM-AC-ML-SA in the blank in paragraph (d); and insert U.S. AP~MY AVIATION AND MISSILE COMMAND, ATTN: AMSAM-AC-ML-SA in the blank in paragraph (f) within the above referenced clause.

1-68 52.245-7 NOTIFICATION OF CHANGES tlnsert 30 in the blank of paragraph b and 60 in paragraph d.

APR/1984

1-69

REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION O~4ER THA~ COST OCT/1997 OR PRICING DATA MODIFICATIONS (OCT 971 ALTERNATE (a) Exceptions from cost or pricing data.

52.215-21

(1) I~ lieu Of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the,date of the award, whichever i~ later, the Contractor may submit s written request for exception by submitting the information described in the following subperasraphs. The Contracting Dfficer may require additlon~l s~pporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless i~ was previously submitted to the contracting office. (ii) Information on modifications of contracts or subcontracts for commercial items. (A) If--

(i) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition, or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item, end
(2) The modification [to the contract or subcontract) is not exempted bssed on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a com~erclal item to a contract or subcontract for the acquisition of an item other than a c0~mnercial item

SDC 25

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 20 of 34

Reference No. of Document Being Continued P[IN/SIIN I CORP DA/~01- 00-C- 0077 Name of Offeror or Contractor: SYSTEms DEVELOPM~T

Page 20 of 27

CO~ITINUATIO~N SHEET {

MOD/AMD

(B) For a commercial item exception, the Contractor shall provide~ at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include:

(I) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a cmpy or describe current discount policies and price lists {published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities. {2) For market-priced i~ems, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market. (3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been arrested for the schedule item. (2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to coat or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies: (i) The Contractor shall submit cost or pricing data and supporting attachments prepared in the following format: (2} As soon as practicable after agreement on price, but before award (except for tuapriced actions}, the Contractor shall submit a Certificate of C~rrent Cost Or Pricing Data, as prescribed in FA!~ 15.406-2. ~Ead of Provision)

252.219-7009 SECTION 8(a} DIRECT AWARD JUN/1998 {a) This coneract is issued as a direct award between the contracting office and the 8(a| Contractor pursuant to the Memorandum of Understanding dated May 6, 1998, between the Small Business Administration (SSAI and the Department of Defense. Accordingly, the SBA is not a party to this contract. SBA does retain responsibility for 8(a) certification, for 8(a) ellgibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SHA district office is: SMALL BUS~NESS ADMINISTRATION A~ABAMADISTRICT OFFICE 21218TH AVENUE NORTH, SUITE 200 BIRMINGHAM, ALABAMA 35203-2398 (b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, slther in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novatlon agreement. The contracting office may assign contract administration functions to a contract administration office.

1-70

The Contractor agrees that -(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308}, when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control Of the concern. Consistent with Section 407 of PUb. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless The SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and
(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval cf the SBA and the Contracting Officer.

SDC 26

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 21 of 34

CONTINUATION SHEET

Reference No. of Document Being Continued
PIIN/SIIN sA/d40't -00-c- 0077 MOD/AMD

Page 21 of 2~

Name of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB/1999 1-71 (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin because of written or oral policies, or employee custom. The term does not include separate or single-user rest rooms and necessary dressing or sleeping areas, which shall be provided to assure privacy between the sexes. {b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Ecp/al Opportunity clause in this contract.

{c| The Contractor shall include this clause in every subcontract that contains the clause of this contract entitled "Equal Opportunity." (End of clause)

APR/1984 1-72 52.245-2 GOVERNMENT PROPERTY (F~XED-PRICE CONTRACTS) (~EV 99-00012} (a) Government-furnlshed property: {i) The Government shall deliver to the Contractor, for use in connection with and under the terms "of this contract, the Government-furnished property described in the Schedule or specifications together with any related data and information that the Contractor may request and is reasonably required for the intended use of the property (hereinafter referred to as "Government-furnished property").
(2) The delivery or performance dates for this contract are based upon the expectation that Government-furnished property suit~-ble for use (except for property furnished "as is"} will be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet the contract's delivery or performance dates.

(3} If Government-furnished property is received by the Contractor in a condition not suitable for the intended use, the Contractor shall, upon receipt of it, nctlfy the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at Government expense, either repair, modify, return, or otherwise dispose of the property. After completing the directed action and upon written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in parasraph (h) of this clause.
(~) If Government-furnished property is not delivered to the Contractor by the required time, the Contracting Officer shall, upon the Contractor's timely written request, make a determination of the delay, if any, caused the Contractor and shall make an equitable adjustment in accordance with paragraph (h) of this clause.

(b) Changes in Government-furnished property: {I) The Contracting Officer may, by written notice, {i) decrease the Government-furlliehed property provided or to be provided under this contract, or (ii) substitute other Government-furnished property for the property to be provided by the Government, or to be acquired by the Contractor for the Government, under this contract. The Contractor shall promptly take such action as the Contracting Officer may direct regarding the removal, shipment, or disposal of the property covered by such notice.
(2) Upon the Contractor's written request, the Contracting Officer shall make an equitable adjustment to the cohtract in accordance with paragraph lh) of this clause, if the Government has agreed in the Schedule to make the property available for performing this contract and there is any --

Decrease or substitution in this property pursuant to subparagraph {b)(1) of this clause; or (il) Withdrawal of authority to use this property, if provided under any other contract or lease.
(C) Title in Government property: (1} The Government shall retain title to all Government-furnlshed property.

(2) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph {collectively referred to as "Government property"), are subject to the provisions of this clause. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.

(3) Title to each item of facilities and special test equipment acquired by the Contractor for the Government under

-21 SDC 27

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 22 of 34

CONTINUATION SHEET

]

Reference No. of Document Being Continued
PIIN/SIIN D~801-00-c-ooT~ MOD/AMD

Name of Offeror or Contractor: SYSTEHS DE~PM~T CORP
this contract shall pass to and vestthe Government when its use in performing this contract commences or when the Government in whether or not title previously veshed in the Government. has paid for it, whichever is earlier,

14) Xf this contrast contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract
(i) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such n%Iterial; and

(ii) Title to all other material shall pass to and vest in the Government upon
(A) Issuance of the material for USe in contract performance; (B) Commencement of processing of the material or its use in contract performance; or (C) Reimbursement of the cost of the material by the Government, whichever occurs first.

(d) USe Of Government property. The Government property shall be used only for performing this contract, unless otherwise provided in this contract mr approved by the Contracting Officer. Is) Property administration. (I) The Contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as in effect On the date of this contract. (2) The Contractor shall establish and maintain a program for the ~se, maintenance, repair, protection, and preservation of Government property in accordance with sound industrial practice and the applicable provisions of Subpart 45.5 of the FAR. (3) If damage occurs to Government property, the risk of which has been assumed by the Government under this contract, the Government shall replace the items or the Contractor shall make such repairs as the Government directs. However, if the Contractor cannot effect such repairs within the time r~quired, the Contractor shall dispose of the property as directed by the Contracting Officer. When any property for which the Government is responsible is replaced or repaired, the Contracting Officer shall make an eq~/itable adjustment in accordance with paragraph (h) of this clause.
[4) The Contractor represents that the contract price does not include any amount for repairs or replacement for which the Government is responsible. Repair or replacement of property for which the Contractor is responsible shall be accomplished by the Contractor at its own expense.

(f) Access. The Government and all its deslgn~ss shall have access at all reasonable times to the premises in which any Government property is located for the purpose of inspecting the Government property.
(g) Risk of loss. Unless otherwise provided in this contract, the Contractor assumes the risk of, and shall be responsible for, any loss or destruction of, or damage to, Government property upon its delivery to the Contractor or upon passage of title to ~he Government thnder paragraph [c) of this clause. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. (h) Equitable adjustment. When this clause specifies an equitable adjustment, it shall be made to any affected contract provision in accordance with the procedures of the Changes clause. When appropriate, the Contracting Officer ~ay initiate an equitable sdJustmen~ in favor of the Government. The right to an equitable adjustment shall be the Contractor's exclusive remedy. The Government shall not be liable to suit for breach of contract for --

(I}Any delay in delivery of Government-furnished property;
(2) Delivery of Gcvarnment-fui-~ished property in a condition not suitable for its intended use; (3) A decrease in or substitution of Government-furnished property; or

(4) Failure to repair or replace Government property for which the Government is responsible.
(i] Final accounting and disposition of Government property. Upon completing this contract, or at such earlier'dates as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory ¯ schedules covering all items of Government property (including any resulting scrap) not consumed in performing this contract or delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b, origin, or dispose of the Government property as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as the Contracting officer directs.

-22SDC 28

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 23 of 34

CONTINUATION SHEET

[

Refereace No. of Document Being Continued MOD/AMD

[ Page 23 of ~7

PIIN/SIIN Dr~d~oz-oo-c- 0077 Name of Offeror or Contractor: SYSTBMS D~n,.~OP~NT CORV
[J) Abandonment and restoration Contractor's premises. of

Unless otherwise provided herein, the Government

{I) May abandon any Government abandoned property shall cease; and

property in place, at which time all obligations of the Government regarding such

(2) Has no obligation to restore or rehabilitate the Contractor's premises under any circumstances (e.g., abandonment, dispositimn upon com~letlon of need, or upon contract compl~tion). However, if the Gmvernment-furnisheO property {listed in the Schedule or specifications) is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (hi of this clause may properly include restoration or rehabilitation costs.
(k) Communications. All communications u~der this clause shall be in writing.

(I) Overseas contracts. If this contract is to be perforated outside the united States of America, its territories, or possessions, the words "Government" and "Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government-furnished," respectively.

(End of clause)

1-73 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB/IS98 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR Clauses: www.arnet.gov/far DFARS Clauses: www,dtic.mil/dfars
Clause Deviations: www.acq.osd.m!l/dp/dars/classdev.html

(End of clause)

1-74 252.225-7008 SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY MAR/1998 le accordance with paragraph Ib) of the Duty-Free Entry Clause of this contract, in addition ~o duty-free entry for all qualifying country supplies (end products and components) and all eligible end products subject to applicable trade agreements (if this contract contains the Buy American Act--Trade Agreements--Balance of Payments program clause or the Buy American , Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause), the followin~ foreign end products that are neither qualifying country end products nor eligible end products under a trade agreement, and the following nomqualifying country componests, are accorded duty-free entry~

(End of clause)

1-75 252.227-7036 DECLARATION OF TECHNICAL DATA CONFORMITY JAN/1997 All technical data delivered under this contract shall be accompanied by the following written declaration: The Contractor, , hereby declares that, tO the best of its knowledge and belief, the technical data delivered herewith under Contract NO. is complete, accurate, and complies with all requirements of the contract.

SDC 29

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 24 of 34

CONTINUATION SHEET

Reference No. of Document Being Continued
PIIN/SIIN 0AA~(01-00-~-0077 ¯ MOD/AMD

Page ~4 of 27

Name of Offeror or Contractor: SYSTEMS DEVELOPMENT CORP
Name and Title of Authorized Official

~nd of clause)

Z-76 2S2.247-7023 (a) Definitions.

TRANSFORTATZON OF SUPPLIES BY SEA

MAR/2000

As used in this clause-(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication or assembly by the Contractor or any stibcontractor, (2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. [3) "Foreign flag vessel" means any vessel that is not a U.S.-flsg vessel. (41 "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry throngh international

(5) "Subcontractor" means a supplier, materlalman, distributor or vendor at any level below the prime contractor whose oontracLual obllgation to perform results from, or is conditioned upon, award of the prime contract and who is perforating any part of the work or other req%/irement of the prime contract.

[6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportatlonby sea. (i) ~n item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number Or a military destination.
(il) "Supplies" includes (but is not limited to) public works~ buildings and facillties; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items, construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having natlonil status u~der the laws of the United States.
~b) [i) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -(i) This contract is a constr~ction contract; or The supplies being transported are -(A) Noncommercial items; or (B) Comraercial items that (i) The Contractor is reselling or distributing .to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b, destination ehlpment);

Are shipped in direct support of U,So military contlngency operations, exercises, or forces deployed in humanitarian or peacekeeplng operations; or [3) Are commissary or exchange cargoes ~ransported outside of the Defense Transportation System in accordance with i0 U.S.C. 2643. (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-fleg vessels, if the Contractor or a subcontractor believes that-(1) U.S.-flag vessels are not available for timely shipment;

SDC 30

Case 1:06-cv-00232-LMB
CONTINUATION SHEET I

Document 41-3

Filed 10/29/2007

Page 25 of 34
Page 25 of 27

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

Name of Offeror or Contractor: SYST~MS D~V~LOPMZNT CORP
(2| The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. {d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant shippers sailing date will not of itself constitute a compensable delay under this or any other clause of shall contain at a minimum-(i) Type, weight, and cube of cargo; (2). Required shipping date; (3) Special handling and discharge requirements; (4) Loading and discharge points; (5) Name of shipper and consignee; (6) Prime contract number; and (7) A documented description of efforts made to secure U.s.-flag vessels, including points of contact {with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. (e) The Contractor shall, within 30 days after each shipment covered by 'this clause, provide the Contracting Officer and theDivision Of National Cargo, Office of Market Development, Maritime Adminlstratisn, U.S. Department Of Transportation, Washington, DC 20590, one copy of the rated on board vessel operstlng carrier's ocesn bill of ~sdlng, which sha~l coataln the followin~ information: (i) Prime contract number; (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5} Port of loading; {6) Port of final dlschar~e; (7) Description of commodity; 18) Gross weight in pounds and cubic feet if svailable; (9) Total ocean freight in U.S. dollars; and {I0) Name of the steamship company. (f) The Contractor agrees to provide with its final invoice under this contract a representation that to the best of its knowledge and belief-(I) No ocean transportatisn was used in the performance of this contract; (21 Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; {3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or (4) Ocean transportation was ~eed and some or all of the shipments were made on nen-U.s.-flas vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the followin~ format: ITEM CONTRACT Contracting Officer at will process requests approvals to meet the this contract. Requests

SDC 31

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 26 of 34

CONT~UATION SI-[EET

ReferenceINo. of Document Being Continued PIIN/SIIN D~Ol-OO-c-oo~
LINE ITEMS

Page 2~ of 2T

MOD/AMD
QUANTITY

Name of Offeror or Contractor: SYSTEMS DEVELOPMENT L-'ORP DESCRIPTION

Total {g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of thle contract. In the event there has bees unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) The Contractor shall include this clause, including this paragraph (h) in all subcontracts under this contract, that (I) Exceed the simplified acquistion threshold in Part (2) of the Federal Acquisition Reg~/latlon; and

(2) Are for a type of supplies described in paragraph (b) (2) of this clause.

(End of clause)

1-77 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA MAR/2000 (a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that i~ did not sntlclpate transporting by sea any supplies. If, however, after the award of this contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this contract, will be transported by sea, the Contractor--

11) Shall notify the Contracting Officer of that fact; and (2) Hereby agrees to comply with all the terms and conditions of the Transport'ation of Supplies by Sea clause of this contract. (b) The Contractor shall include this clause, ineludin9 this paragraph (b), revised as necessary to reflect the relationship of the contracting parties -

(i) In all subcontracts under this contract, if this contract is a constzn/ction contract; or {2) If this contract is not a construction contract, in all subcontracts under this contract that are for (i) Noncommercial items; or {li) Commercial items that -(A) The Contractor is reselling or disbributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b, destination shipment); (B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (C) Are commissary or exchange cargoes transported outside of the Defense Transportatio~ System in accordance with l0 U.S.C. 2643.

(End of clause)

SDC 32

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 27 of 34

ReferenceNo. of Document Being Continued PHN/SffN DAAff0I- (10-C- 0077 MOD/AMD DEVELOPMENT CORP Name of Offeror or Contractor: SYSTI~.MS
SECTION J - LIST OF ATTACHMENTS

CONT~UATION SHEET

[

Number List of Title Date of Pages Transmitted By Addenda CONTRACT TECHNICAL DATA PACKAGE 02-0CT-99 010 Attachment 001 0DC SPECIFICATIONS FOR ~RMY pART NUMBER 13235072 02-OCT-S9 003 Attachment 002 The following sections of the solicitation will not be distributed with the contract; however, they are incorporated in and fo~ a part of the resultant contract as though furnished in full text therewith:

SECTION

TITLE

Representations, Certifications and Other Statements of Offeror.

Instzn!ctions And Conditions, and Notices to Off.rots.

SDC 33

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

Document 41-3

Filed 10/29/2007

Page 28 of 34
DAAH01-C 0077 ATTACHIEE. ~I PAGE 2 of i0

CONTRACT " :CHNICAL Z ~ PACKAGE

11S-,14753 ~15-18858 IIS-19494 ~IS-41341 IN-P-71 >PP-B-S&6 ~PP-B-585 ~PR-B-601 ~PP-B-621 =PP-B-676

REV SYM B NO

AMD NO_

SUPPL SEC NO. CI
N

SEE OOCU2~EN_T__SEAEUS WITH NOR
OHM

WEJT21_NOB
B 2 NO I A .NO C (REPLACED BY ASTM~E[~ E H D WITH NOR

3

N N N N N

QG--A-4.30 ~iQ-C-576 QQ-S-5-/].

09 C~ o'1

..... ~ BY AM --~ -200.) (REPLACED BY ASTM-B2 (REPLACED BY ASTM-B3 ) (REPLACED BY ASTM-B2 (REPLACED BY ASTM~B2 ) (REPLACED BY AMS-QQ" ~-200) (~EPLACED BY AS~MiB~ (REPLACED BY ASTM-B2 (REPLACED BY ASTM-B3 (REPLACED BY AMS-QQ- ~250) (REPLACED BY ASTM~2 (REPLACEDBY AMS.QQ. ~250~5) (REPLACED By ASTM~2 ~) c 1 (REPLACED BY ASTM-BI 2) A (REPLACEDBY~,E:tiA~:3~S )-006) (REPLACED BY IPC-J-S (REPLACED BY IPC-J-~ (REPLACED BY Ipc-J-$ :9-006) (REPLACED BYAS~M~D3 33)

N N

[email protected]

Case 1:06-cv-00232-LMB
CONTRACT ]

Document 41-3
CHNICAL D

Filed 10/29/2007

Page 29 of 34
DAAH0 i-0 (" 0 7 7 ATTACI~.N ~ ~ PAGE 3 of I0

PACKAGE

S~ECIF :ATIONS AND S~ANDARDS REV SYM (R " AMD :G SUPPL SEC NO. I NO. CL .,. - " )
N N N SEE LEGEND ~OHM

DOCUMENT ~EATUS

~OHM

F (REPLACED BY MI!L~PRF- 1 1 (REPLACED BY MIL-PRF- L9014) (REPLACED BY MIL-PRF 9014/2) ~D BY MIL-PRE- .?014/22) (REPLACED-.BYMIL=RRF(REPLACED BY MIL~PRFI L-C-55302 I L-C-5541 ~ I L-C-85285 ~IL-D-5480 11 L-G-45204 E 1 E __~ACED BY MIL-C-8 :85) (REPLACED ~Y~:Z!~PBF 5285) (REPLACED BYMI!L'.B~F (REPLACEDB¥',.MI~L=D=5 (REPLACED BY AMS-242 (REPLACED BY ASTM-B4 B 1

N N

N N

N IiL- 1-22076 ~.IL-I-22129 Ii L- 1-43553 IIL-I-46058 ~IL-M-38510 ~IL-M-38510/I05 ~IL-M-38510/300 ~IL-M-38510/30i ~2L-M-38510/310 (REPLACED BY MIL-PRF-::8535) (REPLACED BY A-A--560."2)

O
~

C L (REPLACED BY ASTM-DS'48) (REPLACED BY MIL-I-3:535) NO t B ~ D : D

~OHM

N N N N N N

Case 1:06-cv-00232-LMB

Document 41-3

Filed 10/29/2007

Page 30 of 34
DAAH01- -.0077 ATTACHMEN'£ 01 PAGE 4 of i0

CONTRACT " CHNICAL D,

PACKAGE

S~_EEIE "321~O.NE_~_ND ST~DARDS REV SYM C C A
(REPLACED BY MIL-STD (REPLACED BY MIL-S-I: ~9) (REPLACED BY MI,L.SmI: ~9/12) (REPLACED. BY ~IL=S.=I: 9/4) (REPLACEDBY MI.L-M-I' (REPLACED BY MIL-PRF .5110) (REPLACED BY AMS-P-8 "~28)

AMD NO.

~L-M-3G~;IO/315 ~L-M-38510/324 iL-M-38510/77

! :5 SUPPL SEC l",~ N ~ N N

DOCUMENT S~TUS

SEE LEGEND

L E F D F F P H M D D B C F G D 1 1 (REPLACED (REPLACED (REPLACED (REPLACED BY BY BY BY MIL-P~F ~9017) MIL-PRF .,9017/I) MIL-PRF ~90i7/3) MIL~RRF-..~gDI7~5)

N N N N N N N N, N N N N N

N
N N N N N N N

Case 1:06-cv-00232-LMB
CONTRACT

Document 41-3

Filed 10/29/2007

Page 31 of 34

PACKAGE

DAAH01-00. ATTACI~IENT PAGE 5 of i0

77 -

SpFnTF >?LT_IONS_AND_SX!~ND__ARDS REV ~YM AMD ~ :!G SUPPL SEC NO. i .i. NOCL

Zt~ NIJMRER L-R-39035

DOCUMEbLT_.S.EATUS

SEE . _L_E~E N D

L-R-39035/3
T L--R--~I ~? IL-R-55182/i L-R-5674 L-R-~401 / 2 9500 L-S-45743

-S-46844
L--S-83734 L--S--83Y34 / 5 ~~~0 L-HDBK -454 ~IL-STD-IO0 ~~- ~ 05 L-STD-109 LIL~I~9 IIL-STD-130 IIL-STD-1344 IIL--STD--171 IIL-STD-IB35 I: L-STD-202 lIL-STD-:275 IIL-STD-454

(REPLACED BY MIL-PRF- '7035:;) (REPLACED BY MII.PRF, (RFPLARFI3 BY M~L--P~E. M 2 " F (REPI A~F~ BY MIL-PRF- 340 (REPLACED BY MIL~RBF(REPLACED BY M-IL-RRF(RFPLA~FO BY M:.L--PRF(REPLACED BY MIL-STD :000) (REPLACED BY MIL-STD .000) (RFPLACFO BY M:L--STD D I

N N

N N

~
NO G

-

~ ' tEOD_
N N

(REPLACED BY~ASQC~~8 .2-:)

*OHM
*OH?

...: .... ~:::.>:.....
(REPLACED BY IPC-D-2 :::,) (REPLACED BY MIL-HDB:--454) (REPLACED BY MIL-STD-?73) E E (REPLACED BY NASM20~ ') F D NO

~48o
iIL-STD-810 IIL-STD-B83 ITL--STD--973 ~$20470 ~MS-2418 ~MS--P--81728

*OHM

N N N

Case 1:06-cv-00232-LMB
999 1943064 CONTRACT

Document 41-3

Filed 10/29/2007

Page 32 of 34
DAAHOI-( 9077 ATTACHME~ Ul PAGE 6 of i0

ICHNICAL B

PACKAGE

REV SYM A NO A NO NO NQ NO NO NO NO NO NO NO NO

AMD
NO.

SUPPL 5EC NO. CI N N N N N N N
N-

D_B.C].J~ENE.._SZ_~TUS

SEE __ L.~B__EjNJ_D_ _

:PC-CM-770 ~PC-D-275 I PC-J-STD.-O04 IPC-J-STD-O05 IPC-J-STD-O06 ZPC-T-50 ~S0-8402 ~ASM20470 qlL-C-14550 ~IL-S-13949 IIL-S-13949/12 IIL-S-13949/4 IIL-STB-2000

NO NO NO NO E NO NO 1 NO (REPLACED BY EIA-18& NO NO NO NO F NO NO
(REPLACED BY H B D A

N N N N N N N N N N N N N N N E)
N

~OHM

1

g

1

N N N N

CANCELi~D CANCELLED CANCELLED CANCELLED

Case 1:06-cv-00232-LMB
1999 3235072 D19430&4 CONTRACT ]

Document 41-3
CHNICAL DA

Filed 10/29/2007

Page 33 of 34
DAAH01-00. ,77 ATTACHMENT 01 PAGE ~ of i0

~ACKAGE

SPECIF]

-~TIONS AND S~ANDARDS

~CUMENT NUMBER ~62-78003 ~62-8200!5 ~62-87702 ~62-87771

REV SYM NO D C C

AMD NO.

SUPPL SEC NO. CL N N N N

DOCUMENT STATUS

SEE LEGEND D D D

COMMERC L ITEMS NOT KURNISHED

dENT NUMBER

CAGE NOMENI ~'_ ATURE OA6RS HANDL~ , PRINTED CIRCUIT B

PACKAGIN~

DRAWINGS AND DOCUMENTS DOCUMENT STATO~ SEE LEGEND

NUMBER IL-BTD-2073

Case 1:06-cv-00232-LMB
CONTRACT

Document 41-3

Filed 10/29/2007

Page 34 of 34
DAAH01-0 0- / 7 ATTACHMENT 01 PAGE 8 of i0

n

= N~URNT~NFn - Tn Rp OBTA!2~E
DEFENSE ELECTRONIC SUPPLY ATTN~ DESC--ELA LIBRARY 1507 WILMINGTON,PIKE DAETON, OH 45444-5767

G

= GOVERNMENT FURNISHED

EQUIPMEN

REFERENCE DRAWING/DOCU.~ NOT REQUIRED FOR:~PRODuCE~BiL~I .OJ~l = OZONE DEPLETINB-SUBSTANCES:::;-