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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ARKO EXECUTIVE SERVICES, INC., ) ) Plaintiff, ) ) v. ) Nos. 05-1193 and 06-296 ) (Judge Allegra) UNITED STATES, ) ) Defendant. ) ____________________________________)

DEFENDANT'S APPENDIX

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 305-7643 October 2, 2006 Attorneys for Defendant

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TABLE OF CONTENTS PAGE(S) A. B. C. Affidavit of Kurt Hoyer ..................................................................................................... 1 Contract No. S-CY-600-00-0006 ...................................................................................... 3 Modification No. 18 to Contract No. S-CY-600-00-0006, Signed December 23, 2003 .......................................................................................................... 55 Modification No. 21 to Contract No. S-CY-600-00-0006, Signed March 22, 2005 ................................................................................................................ 89

D.

-i-

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

)
ARKO EXECUTIVE SERVICES, INC., Plaintiff, v. UNITED STATES, Defendant.

) )

) )
) )
Nos. 05-1193 and 06-296 (Judge Allegra)

----------)

) ) )
AFFIDAVIT OF KURT HOYER

I, Kurt Hoyer, being duly sworn, hereby state as follows: 1. I am over the age of 18 and have personal knowledge of the matters set forth herein and if called as a witness could competently testify thereto. 2. I am currently a Post Management Officer in the bureau of Near Eastern Affairs in the, United States Department of State. I was the contracting officer for contract S-CY600-000006 between the Department of State and Arko Executive Services, Inc. ("Arko"), for guard services at the United States embassy in Nicosia, Cyprus for the period of time from July of 2003 to the end of the contract. I was also the contracting officer until my departure from post in July of 2006 for the successor contract S-CY600-05-C-Oll1, effective June 1, 2005, between the

Department of State and Wackenhut International, Inc. ("Wackenhut"). 3. The Department of State issued the solicitation for contract S-CY600-05-C-0111 November 10, 2004, with an anticipated start date of April 1, 2005. on

There were two timely

offers in response to the solicitation. Arko was not one ofthe two offerors. 4. Due to an unforeseen delay in the procurement process, we were unable to award the contract by April 1, 2005. In early March, 2005, when it became clear that the Department of

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State would not be able to award the contract by April 1, 2005, I informed Arko that we would be requiring continued guard services from Arko after March 31, 2005. 5. On March 22, 2005, I signed Modification No. 21 to contract S-CY600-00-0006, effective April 1, 2005, which required continued services by Arko from April 1, 2005 through May 31, 2005. A two page document describing the services and prices during this two month period was attached to Modification No. 21. 6. The services required pursuant to modification provided by Arko prior to April 1, 2005. perform any phase-in or phase-out services. 7. On April 26, 2005, the Department of State awarded contract S-CY600-05-C-0111 Wackenhut, effective June 1,2006, and with a start date of June 1,2006. to No. 21 were the same servIces

The Department of State did not require Arko to

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my personal knowledge. Dated the

c; 6.#1 day

of September, 2006.

EGYPT EMBASSY OF THE UNITED STATES OF AMERICA CITY OF CAIRO }

58

On the ':2.l/iray of September, 2006, before me personally appeared Kurt Hoyer, known to me to be the person whose name is subscribed herein. In witness whereof I hereunto set my hand and official seal.

Natasha M. Henderson

Il/- /h. ~t'~

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Consul Embassy of the llnUed Stall'. gf AmQri~8

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