Case Document 1 Filed 10/22/19 Page 1 of 10 Page D# 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

MASTODON DESIGN LLC
176 Anderson Ave., Suite F112
Rochester, New York 14607

Plaintiff,

v. Civil Action No.

 

VIZOCOM ICT LLC,
101 West Broadway, Suite 300
San Diego, California 92101

Defendant.



 

COMPLAINT

Plaintiff Mastodon Design LLC (?Mastodon?), by counsel, for its Complaint against

Defendant Vizocom ICT LLC (?Vizocom?), states as follows:
Nature of the Action

1. This is a civil action for injunctive and monetary relief pursuant to the Lanham Act, 15

U.S.C. 1125, as well as the statutory and common law of Virginia and other states

whose laws may be implicated.
2. This action arises out of Vizocom?s falsely labeling and passing off its products as having

been manufactured by Mastodon.

Rm
3. Mastodon is a Delaware limited liability company with its principal place of business in
the state of New York.
4. On information and belief, Vizocom is a California corporation with its principal place of

business in California.

01453132-3

Case Document 1 Filed 10/22/19 Page 2 of 10 Page D# 2

Jurisdiction and Venue

5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and 1367.

6. This Court has speci?c and general personal jurisdiction over Vizocom because Vizocom
regularly transacts business in Virginia by offering to sell and selling its products in
Virginia, including the falsely labeled products at issue in this action.

7. Vizocom?s activities have had a substantial and reasonably foreseeable effect on business
and commerce in this judicial district, because the products involved were provided to the
Navy Special Warfare Group located in Little Creek, Virginia, in this judicial district.

8. The unlawful acts committed by Vizocom, as hereinafter alleged, have been and are, in
whole or in part, carried out and made effective within the Eastern District of Virginia.
The interstate trade and commerce described hereinafter is carried out in part within this
District. Vizocom is subject to personal jurisdiction in this district. Thus, venue is proper
in this district under 28 U.S.C. 1391(b)(1), (2).

9. Those causes which arise under the common law and state law of Virginia are pendent or
ancillary causes under 28 U.S.C. 1338(b). This Court also has supplemental jurisdiction
over the state law claims raised herein pursuant to 28 U.S.C. 1367 because the state law
claims are so related to the original jurisdiction federal claims raised herein that they
form a part of the same case or controversy.

Factual Background

10. Mastodon is in the business of designing and manufacturing radio equipment for the
United States government. It is well known for its expertise in the rapid design and
manufacturing of rugged signals intelligence, electronic warfare and cyber operations

products and solutions.

01453132-3 2

Case Document 1 Filed 10/22/19 Page 3 of 10 Page D# 3

11.

12.

13.

14.

15.

16.

17.

Vizocom is a competitor of Mastodon.

On April 25, 2019, the Department of the Navy, Naval Air Systems Command, Naval Air
Warfare Center Aircraft Division Pax River (the ?Navy? or ?NavAir?) published on the
FedBizOpps website a Request for Quote (?Solicitation No. N00421 or the
which sought quotes for the provision of 450 ?Mastodon Design Antennas.? See
Exhibit 1, attached.

The RFQ was for a ?brand name? procurement, and listed Mastodon as the required
manufacturer. The RFQ further stated that the offeror BE AN AUTHORIZED
Mastodon Design (capitalization in the original).

The RFQ speci?ed that the ?award will be made to the vendor that submits the lowest,
aggregate, ?rm ?xed-price, brand name quote.?

The Mastodon Design Antenna speci?ed in the RF is a ?exible, wearable antenna used
by the United States military Special Forces, in this case Navy SEALS.

The Mastodon antenna speci?ed in the RFQ bears the Mastodon part number 
1710-01? (the ?Mastodon Mark?) printed on each antenna. The portion of the
Mastodon Mark represents ?Mastodon Design?. The Mastodon Mark was listed in the
RFQ as a required speci?cation of the antennas to be supplied.

Mastodon adopted and began use of the Mastodon Mark as a service mark in connection
with its activities and services in August, 2018, and has used the Mastodon Mark
continuously and without interruption to the present day. Mastodon often uses the 

pre?x as a part of its part numbers.

01453132-3 3

Case Document 1 Filed 10/22/19 Page 4 of 10 Page result of Mastodon?s longstanding use of the Mastodon Mark and the pre?x,
the relevant consuming public recognizes the Mastodon Mark and as belonging
solely to Mastodon, and Mastodon has built up substantial good will in such marks.

The Mastodon Mark is distinctive and has developed secondary meaning in the public
mind in that consumers come to know and recognize the Mastodon Mark as identifying
the goods and services of Mastodon.

On May 1, 2019, Vizocom requested and received, via e-mail from Mastodon, a quote of
$165,109.50 for the supply of 450 Mastodon Design Antennas.

On May 2, 2019 Vizocom submitted a bid to the Navy in response to the RF to supply
Mastodon Design Antennas to the Navy.

On May 14, 2019, the Navy awarded Contract No. N004211P0467 (the ?Contract?) to
Vizocom at an awarded price of $165,109.50, identical to the price quoted by Mastodon.
Vizocom never placed an order with Mastodon for the Mastodon Design Antennas.
Instead, it surreptitiously substituted its own antennas for the Mastodon Design Antennas.
On information and belief, on or before August 1, 2019, the completion date of the
Contract, Vizocom delivered 450 antennas to the Navy.

On information and belief, the data sheet accompanying the antennas delivered to the
Navy by Vizocom was labeled ?Alpha Antenna? and bore the Mastodon Mark (the
?Counterfeit Antennas?). See Exhibit 2, attached. The data sheet also included a
photograph of a vest with the antennas, which was copied from a Mastodon data sheet

and shows Mastodon antennas on the radios. Id.

01453132-3 4

Case Document 1 Filed 10/22/19 Page 5 of 10 Page D# 5

26.

27.

28.

29.

30.

31.

32.

33.

Alpha Antenna is registered in Missouri as a fictious name of Productive Industries, LLC.
Neither Alpha Antenna nor Productive Industries, LLC are an authorized distributor or
reseller of Mastodon.

After receipt of the Counterfeit Antennas, NavAir began distribution of them to the end
users, including Navy Special Warfare Group Two Little Creek, Virginia.
NSWG-2 personnel noticed that the Counterfeit Antennas differed physically from the
genuine Mastodon Design antennas which NSWG-2 had received under a previous
contract.

This caused actual confusion among NSWG-2 personnel, who contacted Plaintiff to ask
why the antennas received on this order were not the same as the other Mastodon Design
Antennas that had been supplied to NSWG-2 and which had been ordered under the
RFQ.

Count I
(Violation of Lanham Act 15 U.S.C. 1125(a)(1)(A))

Plaintiff incorporates paragraphs 1 through 29 as if fully set forth herein.

Vizocom sought to deceive the United States Government, the consumer, by labeling
each antenna with the Mastodon Mark and using Mastodon?s imagery.

Vizocom, using the mislabeled antennas, delivered them to the Navy under the guise that
they were produced by Mastodon.

Vizocom?s use of the Mastodon Mark and Mastodon?s imagery has caused and is likely
to continue to cause confusion, mistake and/or deception among consumers and the
public, leading the relevant consumer public falsely to believe that Vizocom?s goods are
those of, are sponsored or approved by, or are in some way connected with Mastodon and

CACI.

014531323 5

Case Document 1 Filed 10/22/19 Page 6 of 10 Page D# 6

34.

35.

36.

37.

38.

39.

40.

41.

Vizocom?s use of the Mastodon Mark and Mastodon?s imagery has caused and will cause
irreparable injury to Plaintiff for which Plaintiff is entitled to relief.
Said acts constitute unfair competition in violation of Section 43(a) of the Lanham Act,
15 U.S.C. 1125(a)(1)(A), and Vizocom is liable to Plaintiff for (1) Vizocom?s pro?ts,
(2) damages sustained by Plaintiff, and (3) the costs of the action, under 15 U.S.C. 
1117(a).
Vizocom?s violation of the Lanham Act was intentional, willful, and malicious, and the
Court should enter judgment for an amount not exceeding three times Plaintiff?s damages
and/or for additional sums based on Vizocom?s profits.
The circumstances of this case render it exceptional, entitling Plaintiff to a recovery of its
reasonable attorneys? fees.
Count II

(Violation of Lanham Act False Advertising)
Plaintiff incorporates paragraphs 1 through 29 as if fully set forth herein.
In connection with goods and services, Vizocom used, in commerce, false designations of
origin, false and misleading descriptions of fact, and/or false and misleading
representations of fact in commercial advertising or promotion, which misrepresented the
nature, characteristics, qualities, or geographic origin of Plaintiff goods, services,
and/or commercial activities.
Speci?cally, inter Vizocom submitted proposal(s) to the Navy for goods and/or
services improperly claiming to be providing antennas produced by Plaintiff.

Vizocom improperly invoiced the Navy for goods it was not authorized to provide.

01453132-3 6

Case Document 1 Filed 10/22/19 Page 7 of 10 Page D# 7

42.

43.

44.

45.

46.

47.

48.

49.

50.

Vizocom falsely claimed to be able to ful?ll contract deliverables by providing the
unauthorized goods and/or services of Plaintiff to the Navy.

Vizocom communicated these false advertisements to numerous government of?cials.
Vizocom?s foregoing misrepresentations were material and were likely to, and in fact did,
in?uence purchasing decisions.

Plaintiff has been injured as a result of Vizocom?s misrepresentations, including by a
diversion of sales and by a lessening of goodwill associated with Plaintiff?s goods,
services, and commercial activities.

Said acts constitute unfair competition in violation of Section 43(a) of the Lanham Act,
15 U.S.C. 1125(a)(1)(B), and is liable to Plaintiff for (1) Vizocom?s pro?ts, (2)
damages sustained by Plaintiff, and (3) the costs of this action, under 15 U.S.C. 
1117(a).

Vizocom?s violation of the Lanham Act was intentional, willful, and malicious, and the
Court should enter judgment for an amount not exceeding three times Plaintiff?s damages
and/or for additional sums based on Vizocom?s pro?ts.

The circumstances of this case render it exceptional, entitling Plaintiff to a recovery of its
reasonable attorneys? fees.

Count 
(State Law Trademark Infringement)

Plaintiff incorporates paragraphs 1 through 29 as if fully set forth herein.
Defendant has used in commerce the Mastodon Designation in connection with its

business.

01453132-3 7

Case Document 1 Filed 10/22/19 Page 8 of 10 Page D# 8

51.

52.

S3.

54.

55.

56.

57.

58.

59.

Defendant?s use in commerce of the Mastodon Designation in connection with its goods
is likely to cause, and has caused, confusion or mistake or to deceive as to the source of

origin of those goods.

The above-described acts of Defendant constitute trademark infringement in violation of
Va. Code Ann. 59.1-92.12 and other state?s laws, entitling Plaintiff to relief.

Count IV
(Common Law Trademark Infringement)

Plaintiff incorporate paragraphs 1 through 29 as if fully set forth herein.
Defendant has used in commerce the Mastodon Mark in connection with its business.
Defendant?s use in commerce of the Mastodon Mark in connection with its goods is
likely to cause, and has caused, confusion or mistake or to deceive as to the source of
origin of those goods.
The above-described acts of Defendant constitute common law trademark infringement in
violation of the laws of Virginia and other states, entitling Plaintiff to relief.


(Common Law Passing Off)
Plaintiff incorporates paragraphs 1 through 31 as if fully set forth herein.
In connection with goods and services, Vizocom used, in commerce, false designations of
origin, false and misleading descriptions of fact, and/or false and misleading
representations of fact in commercial advertising or promotion, which misrepresented the
nature, characteristics, qualities, or geographic origin of Plaintiff?s goods, services,
and/or commercial activities.
Vizocom sought to deceive the Navy by labeling each antenna with the Mastodon Mark

and promising genuine branded goods.

01453132-3 8

Case Document 1 Filed 10/22/19 Page 9 of 10 Page D# 9

60.

61.

62.

63.

Vizocom pro?ted from this deception by obtaining a contract with the Navy which it
would not have obtained but for the deception.

Vizocom thereby violated the common law of Virginia and other states and is liable to
Plaintiff for (1) Vizocom?s pro?ts, (2) damages sustained by Plaintiff, and (3) the costs of
this action.

Vizocom?s violation was intentional, willful, and malicious, and the Court should enter
judgment for an amount not exceeding three times Plaintiff?s damages and/or for
additional sums based on Vizocom?s pro?ts.

The circumstances of this case render it exceptional, entitling Plaintiff to a recovery of its
reasonable attorneys? fees.

Prayer for Relief

Wherefore, Plaintiff respectfully requests that the Court enter judgment in its favor and

against Vizocom as follows:

a. Granting preliminary and permanent injunctive relief enjoining Vizocom, its agents,

servants, employees, attorneys, and all those persons in active concert or participation
with any of them from use of or any false marking of its products with the Mastodon

Mark, or any confusingly similar mark thereto, as well as Mastodon?s imagery;

. Awarding Plaintiff damages suf?cient to compensate Plaintiff for Vizocom?s unlawful

acts, together with pre-judgment and post?judgment interest thereon;
Directing Vizocom to account for and pay to Plaintiff all pro?ts earned from business

unlawfully diverted from Plaintiff and from the sale and/or delivery of Plaintiffs

property.

01453132-3 9

Case Document 1 Filed 10/22/19 Page 10 of 10 Page D# 10

d. Requiring Vizocom to engage in corrective advertising and to destroy all counterfeit

products;

e. Awarding Plaintiff its reasonable attorney?s fees;

f. Awarding punitive damages against Vizocom in an amount to be determined;

g. Awarding Plaintiff its costs incurred in this action; and

h. Awarding Plaintiff such other and further relief as the Court deems proper.

Plaintiff requests a jury trial on all issues so triable.

Respectfully submitted October 22, 2019

01453132-3

MASTODON DESIGN LLC

Richard C. Sullivan, Jr.

Richard C. Sullivan, Jr. (VSB 27907)
Jonathan M. Harrison, 11 (VSB 92911)
BEAN, KINNEY KORMAN, PC.
2311 Wilson Blvd, Suite 500
Arlington, VA 22201

703.525.4000

Fax: 703.525.2207
rsullivan@beankinnev.com
iharrison@beankinnev.com

Counsel for Plainti??

10

Case Document 1-1 Filed 10/22/19 Page 1 of 28 Page D# 11
Mastodon Antennas - N0042119Q0303 (Archived) Federal Business Opportunities: Page 1 of 4

 

   

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Getting Started General into ..

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FBO is moving to beta.SAtvi.gov starting on November 8, 2019. Until then, FBO.gov remains the authoritative source for Federal
Business Opportunities. Once FBO has fully transitioned. you will be directed to beta.SAM.gov for contracting opportunities. Visit
beta.SAM.gov today to preview new features like saved searches and the ability to follow notices. For more information. please visit the

bela.SAM.gov learning center or read our 

 

 

 

Buyers: Login Register Vendors: Login  Reg sler Accessibility
Mastodon Antennas
Solicitation Number: N004211900303
Agency: Department of the Navy
Of?ce: Naval Air Systems Command
Location: Naval Air Warfare Center Aircraft Division Par-c River
I . .
Notice Details I Packages Print Lint:
nu. FILES 1
Original Synopsis I Return To Opportunities List]
Apr 25. 2019 [3
10133 am Apr 25. 2019
Solicitation Number: Notice Type: ?004211910303de
N004211900303 Combined Synopsis/Solicitation
Synopsis GENERAL INFORMATION

Added: Apr 25. 2019 10:38 am
Section A - SolicitationiContract Form

SECTION A

US. Government Tax Exempt

All quotes/responses shall be submitted via email to
Kimberly Abel] at kimberiv.d.abell1@navvmil no later
than 5 PM EST May 2, 2019. items must be brand
new. Quote all items or none. Solicitation N00421-19-
(2-0303 is issued as a brand name procurement. The
Government intends to purchase on a firm fixed-price
basis. and to solicit and award the proposed purchase
order on a brand name basis for Mastodon Design
Antennas, under the authority implemented by Federal
Acquisition Regulation (FAR) by FAR Part 12 and FAR
Part 13. Offerors must be registered in the System
for Award Management Registration (SAM) database
prior to submission of an offer to be considered for

Notice Type:
Combined 

Posted Date:
April 25. 2019

Response Date:
May 02. 2019 11:59 pm Eastern

Archiving Policy:
Automatic. 15 days after response
date

Archive Date:
May 17. 2019

Original Set Aside:


Set Aside:
Total Small Business

Ctassl?cation Code:
59 -- Electrical and etectronic
equipment components

NAICS Code:

334 Computer and Electronic
Product Manufacturingraartzzo 
Radio and Television Broadcasting
and \Mreless Communications
Equipment Manufacturing

EXHIBIT



63edeb02079ffaSc 5 e951 9/24/2019

 

Case Document 1-1 Filed 10/22/19 Page 2 of 28 Page D# 12
Mastodon Antennas - N0042119QO303 (Archived) - Federal Business Oppmtunities: Page 2 of 4

award of any contract. This may be
accomplished electronically at 

See Attached RFQ

MUST BE AN AUTHORIZED Mastadon Design
DISTRIBUTORIRESELLER.

Offerors must complete the attached certi?cation in Section
of this solicitation, 52.20941, Representation by
Corporation Regarding Delinquent Tax Liability or a Felony
conviction under any Federal Law. Please complete
certification and provide with your offer

This is a ?rm fixed-price procurement; therefore, the
offeror's initial offer should represent the vendor's best
quote in terms of price and technical acceptability. Your
quote will only be evaluated on the information you
provide.

for 

The Government intends to award this on a brand name
basis. All interested parties MUST submit a brand
name quote no later than 5 PM EST May 2, 2019. Only
brand name quotes will be considered. Award will be
made to the vendor that submits the lowest, aggregate,
firm fixed-price, brand name quote. The Government
will not pay for any information received.

to 

Please include the following information with your
response:

(1) FOB: Destination

(2) Shipping Cost: 

63 edeb02c79ffa5c56951 9/24/2019

Case Document 1-1 Filed 10/22/19 Page 3 of 28 Page D# 13
Mastodon Antennas - N0042119Q0303 (Archived) - Federal Business Oppo?unitics: Page 3 of 4

(3) Tax 

(4) Dun Bradstreet 

(5) Cage Code:

(6) Small Business Yes No 
(7) Estimated Delivery Date:

Government Point of Contact:

Kimberly Abell

Naval Air Warfare Center AD (PAX)

2.5.1 RAC, 21983 Bundy Road, BLDG 441

Patuxent River, MD 20670-1127

Email: kimberly.d.abell1@navvmil
Please consult the ?st of document viewers if you cannot open a tile.
gm
Type: Other (Draft Responses to Questions. etc.)
Posted Date: April 25. 2019

N004211990303.d0cx (74.94 Kb)
Description: RFQ

Contracting Office Address:
Building 441

21983 Bundy Road Unit 7
Patuxent River. Maryland 20670
United Slates

Place of Performance:

NAWCAD

PATUXENT RIVER. Maryland 20670
United States

Primary Point of Contact:
Kimberly D. Abell.
Purchasing Agent

klmberiydabelli@nagymi
Phone: 3013427650

 

I Return To Opportunities List I

 

63 edeb02o79ffa5c5e95 1 9/24/2019

 

Case Document 1-1 Filed 10/22/19 Page 4 of 28 Page D# 14
(ArchiVed) - Federal Page, .4 of 4

Furl-isle: FE?deralSamioe Desk .Acces?ibililg

9/24/2019

 

 

 

Case Document 1-1 Filed 10/22/19 Page 5 of 28 Page D# 15

 

 

 

 

 

 

 

 

KIMBERLY D. ABELL

REQUEST FOR QUOTATIONS THIS Rm IS PACE OF PAGES
(THIS IS NOT AN ORDER) 1 24
1. REQUEST N0. 2. DATE ISSUED 3. 4. CERT. FOR NAT. DEF. RATING
REQUEST N0. UNDER BDSA REG. 2
N004211900303 25-Apr-2019 DM REG. I
58. ISSUED BY
NAVALAIR WARFARE 6' DELIVER BY 
251 RAG. 21983 BUNDY ROAD. 8106441
PATUXENTRNERMD 206701127 SEE SCHEDULE
7. EEJVERY
FOB OTHER
5b. FOR INFORMATION CALL: (Name and Telephone no) (No collect calls) DESTINATION See 3?3,?qu

301 -342-7650

 

8. TO: NAME AND ADDRESS INCLUDINGZIP CODE

9. DESTINATION and address. including ZIP (fade)

4.11.4.8

GREG LOUK

81.06 8115

1758 WEBSTER FIED ROAD
ST MD M4013
75-w4675 FAX:

 

 

(Date) 02-May?2019

10. PLEASE FURNISH QUOTATIONS TO THE OFFICE IN BLOCK 5a ON OR BEFORE OF BUSINESS:

 

Request Err Quotations trust be oorrpleted by the quoter.

Rm This is a request ?at inbmmion, and quotations ?tmishcd are not o??rs. lfyou are unnbleto quote, please so indicate on this bunand retnm
it to the address in Block Sa. This request does not count the to pay any costs incurred in the preparation ofthe snbm'ssion ol?tltis quotation orto,
contract for supplies orservices. Supplies are ofdomestic origin unless otherwise indicated by quoter. Any representations and/or certi?cations attaelred to this

 

SCHEDULE (Include applicable Federal, State, and [coal taxes)

 

ITEM NO. SERVICES
(8) 0?

QUANTITY


UNIT PRICE AMOUNT

 

SEE SCHEDULE

 

 

A 

 

12. DISCOUNT FOR PROMPT PAYMENT

 

a. 10 CALENDAR DAYS



 

b. 20 CALENDAR DAYS

0. 30 CALENDAR DAYS d. CALENDAR DAYS
No. I 

 

 

Additional provisions and representations lore lare no

I attached.

 

 

 

 

 

 

 

13, NAME AND ADDRESS 01: QUOTER (Street. City. County, State. am! 14. SICNATURE 0F AUTHORIZED TO 15. DATE OF
71? Code) SIGN QUOTATION QUOTATION
16. NAME AND TITLE OF SICNER (733m: orprim) TELEPHONE NO.
(Include area code)
AUTHORIZED FOR mmnmooucnow STANDARD FORM 13 (REV. 6.95)


PREVIOUS EDITION NOT USABLE

FAR (48 CFR) 3121mm)

 

Case Document 1-1 Filed 10/22/19 Page 6 of 28 Page D# 16

N0042l l9Q0303

Page 2 of24

Section A - Solicitation/Contract Form

SECTION A
SECTION A

US. Government Tax Exempt

All quotes/responses Shall be submitted via email to Kimberly Abell at
no later than 5 RM EST May 2, 2019. Items must be brand
new. Quote all items or none. Solicitation N00421nl9-Q-0303 is issued as a brand name
procurement. The Government intends to purchase on a ?rm ?xed-price basis, and to solicit and
award the proposed purchase order on a brand name basis for Mastodon Design Antennas,
under the authority implemented by Federal Acquisition Regulation (FAR) by FAR Part 12 and
FAR Pait l3. Offerors must be registered in the System for Award Management
Registration (SAM) database prior to submission of an offer to be considered for award of
any contract. This may be accomplished electronically at 

See Attached RF 
MUST BE AN AUTHORIZED Mastadon Design 

Offerors must complete the attached certi?cation in Section of this solicitation, 52.209-11,
Representation by Corporation Regarding Delinquent Tax Liability or a Felony conviction under any
Federal Law. Please complete certi?cation and provide with your offer

This is a firm ?xed?price procurement; therefore, the offeror?s initial offer should represent the
vendor?s best quote in terms of price and technical acceptability. Your quote will only be
evaluated on the information you provide.

for 

The Government intends to award this on a brand name basis. All interested parties MUST
submit a brand name quote no later than 5 RM EST May 2, 2019. Only brand name quotes will
be considered. Award will be made to the vendor that submits the lowest, aggregate, ?rm ?xed?
price, brand name quote. The Government will not pay for any information received.

to 
Please include the following information with your response:
(1) FOB: Destination
(2) Shipping Cost: 
(3) Tax 
(4) Dun Bradstreet 
(5) Cage Code:
(6) Small Business Yes No 
(7) Estimated Delive1y Date:

Government Point of Contact:

Kimberly Abel]
Naval Air Warfare Center AD (PAX)

Case Document 1-1 Filed 10/22/19 Page 7 of 28 Page D# 17

N00421 19Q0303

Page-3 of 24

2.5.1 RAC, 21983 Bundy Road, BLDG 441
Patuxent River, MD 20670-1127
Email: 

 

Case Document 1-1 Filed 10/22/19 Page 8 of 28 Page D# 18

Section - Supplies or Services and Prices

ITEM NO QUANTITY UNIT UNIT PRICE

0001

450 Each

MD1008-17IO-01

FFP

FOB: Destination

MFR PART NR: PIN: MD1008-1710-01

PURCHASE REQUEST NUMBER: 1300767508

ADDITIONAL MARKINGS: GREG LOUK, 4.11.4.6, 757?366-4675

PSC CD: 5985

NET AMT
ITEM NO QUANTITY UNIT UNIT PRICE
0002 1 Each
2 SHIPPING
FFP
SHIPPING HANDLING

FOB: Destination

MFR PART NR: SHIPPING

PURCHASE REQUEST NUMBER: 1300767508

ADDITIONAL MARKINGS: GREG LOUK, 4.11.4.6, 757?366-4675

PSC CD: 5985

NET AMT

N00421 19Q0303

Page 4 of 24

AMOUNT

 

 

AMOUNT

 

n. r. 

 

Case Document 1-1 Filed 10/22/19

:S?ctibh - Inspection and Acceptance

SPECTIONTAND ACCEPTANCE TERMS
Supplies/services will be'inSpedted/accepted at:
CLIN INSPECT BY

0001 Destination Government
0002' Destination Government:

ACCEPT 
D??tin?tibn
DestinatiQn?

Page 9 of 28 PageID# 19



0f24

ACCEPTBY
Govemment
vaenm?lefnt

 

Case Document 1-1 Filed 10/22/19 Page 10 of 28 Page D# 20

N00421 I9Q0303
Page 6 of 24
Section - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODA AC 
CAGE
0001 01-AUG-2019 450 4.11.4.6 N3555A
GREG LOUK
BLDG 8115
17598 WEBSTER FIELD ROAD
ST INIGOES MD 20684-4013
757-366-4675
FOB: Destination
0002 01-AUG-2019 I (SAME AS PREVIOUS LOCATION) N3555A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.247-29 F.O.B. Origin FEB 2006

 

Case Document 1-1 Filed 10/22/19 Page 11 of 28 Page D# 21

N00421 9Q0303

Page 7 of 24

Section - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC
2018)

De?nitions. As used in this clause--

Contract ?nancing payment means an authorized Government disbursement of monies to a contractor prior to
acceptance of supplies or services by the Government.

(1) Contract ?nancing payments include--

Advance payments;

(ii) Performance?based payments;

Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress
Payments;

Progress payments based on a percentage or stage of completion (see FAR 32. except those made under
the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10,
Payments Under Fixed~Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services
when Alternate I of the clause at FAR 52232-25, Prompt Payment, is used.

(2) Contract ?nancing payments do not include--
Invoice payments;

(ii) Payments for partial deliveries; or

Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to
affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other
authorization for supplies or services accepted by the Government.

(1) Invoice payments include-?
Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

For purposes of subpart 32.9 only, all payments made under the clause at 52232?5, Payments Under Fixed-
Price Construction Contracts, and the clause at 52.232?10, Payments Under Fixed?Price

 

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Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25,
Prompt Payment, is used.

(2) Invoice payments do not include contract ?nancing payments.

Payment request means any request for contract ?nancing payment or invoice payment submitted by the Contractor
under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material
Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

Except as provided in paragraph of this clause, the Contractor shall submit payment requests and receiving
reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the
Government a receiving report at the time of each delivery of supplies or services under this contract or task or
delivery order.

Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

The Contractor has requested permission in writing to do so, and the Contracting Of?cer has provided
instructions for a temporary alternative method of submission of payment requests and receiving reports in the
contract administration data section of this contract or task or delivery order;

(2) makes payment for commercial transportation services provided under a Government rate tender or a
contract for transportation services using a DOD-approved electronic third party payment system or other exempted
vendor payment/invoicing system PowerTrack, Transportation Financial Management System, and Cargo and

Billing System);

(3) makes payment on a contract or task or delivery order for rendered health care services using the
TRICARE Encounter Data System; or

(4) The Govemmentwide commercial purchase card is used as the method of payment, in which case submission of
only the receiving report in WAWF is required.

Information regarding WAWF is available at 
In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate

payment clauses in this contract when submitting payment requests.

(End of clause)

 

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252232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

De?nitions. As used in this clause?

?Department of Defense Activity Address Code is a six position code that uniquely identi?es a unit,
activity, or organization.

?Document type? means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).

?Local processing of?ce is the of?ce responsible for payment certi?cation when payment certi?cation is
done external to the entitlement system.

?Payment request? and ?receiving report? are de?ned in the clause at 252232-7003, Electronic Submission of
Payment Requests and Receiving Reports.

Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests
and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports.

WAWF access. To access WAWF, the Contractor shall?

(1) Have a designated electronic business point of contact in the System for Award Management at
and

(2) Be registered to use WAWF at hgpx/lwaw?ebmil/ following the step-by-step procedures for self-registration
available at this web site.

WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be
accessed by selecting the ?Web Based Training? link on the WAWF home page at 

WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.

(0 WAWF payment instructions. The Contractor shall use the following information when submitting payment
requests and receiving reports in WAWF for this contract or task or delivery order:

 

(1) Document type. The Contractor shall submit payment requests using the following document type(s): 
For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For ?xed price line items?

(A) That require shipment of a deliverable, submit the invoice and receiving report speci?ed by the Contracting
Of?cer.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for ?xed price line items that
require shipment of a deliverable.)

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(B) For services that do not require shipment of a deliverable, submit either the Invoice Zinl, which meets the
requirements for the invoice and receiving report, or the applicable invoice and receiving report, as speci?ed by the
Contracting Of?cer.

SEE SECTION 

(Contracting Of?cer: Insert either ?Invoice Zin or the applicable invoice and receiving report document type(s) for
?xed price line items for services.)

For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
For commercial item ?nancing, submit a commercial item ?nancing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the
contract.

[Note: The Contractor may use a WA WF ?combo? document type to create some combinations of invoice and
receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to ?ll in
applicable ?elds in WAWF when creating payment requests and receiving reports in the system.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Routing Data Table*

Field Name in WA WF --
Pay Of?cial 5164142 ..
?1mm, 
Admin $100421? 

Inspect By I N3 5 55 A WW11 mm-

Ship To Code -1 IE3 5 55 A -

Ship From Code WA e- w- - 11..

Mark For Code ?Wm??lif? 7?
wService Approver I A 1

Service Acgeptor (DODAAC) 

Accept at Other -11- 11w -1, 7
005m M. WK . 
waAA Auditor WM - -11_1 11_ - 1

Other 

 

(*Contracting Of?cer: Insert applicable information. If multiple ship to/acceptance locations apply, insert
?See Schedule? or ?Not applicable?)

("Contracting Of?cer: If the contract provides for progress payments or performance-based payments, insert the
for the contract administration of?ce assigned the functions under FAR 

 

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(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type
of payment request in accordance with the payment clause, contract ?nancing clause, or Federal Acquisition
Regulation 52.216?7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
WAWF point of contact.


WAWF PHONE: 301-995-8341

(1) The Contractor may obtain clari?cation regarding invoicing in WAWF ?'om the following contracting activity?s
WAWF point of contact.

 

(Contracting Of?cer: Insert applicable information or ?Not applicable?)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

 

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Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018

52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018

52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018
Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.244-6 Subcontracts for Commercial Items JAN 2019

252203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(JUNE 2016)

(3) De?nitions. As used in this clause -

"Covered contractor information system" means an information system this is owned or operated by a contractor
that processes, stores, or transmits Federal contract information.

"Federal contract information" means information, not intended for public release, that is provided by or generated
for the Government under a contract to develop or deliver a product or service to the Government, but not including
information provided by the Government to the public (such as a public Web sites) or simple transactional
information, such as necessary to process payments.

"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any
medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding requirements and procedures. (I) The Contractor shall apply the following basic safeguarding
requirements and procedures to protect covered contractor information systems. Requirements and procedures for
basic safeguarding of covered contractor information systems shall include, at a minimum, the following security
controls:

Limit information system access to authorized users, processes acting on behalf of authorized users, or
devises (including other information systems).

(ii) Limit information system access to the types of transactions and ?mctions that authorized users are
permitted to execute. 

Verify and control/limit connections to and use of extemal information systems.

(iv) Control information posted or processed on publicly accessible information systems.

Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing
access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or
release for reuse.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and
manage physical access devices.

Monitor, control, and protect organizational communications information transmitted or received by
organizational information systems) at the external boundaries and key internal boundaries of the information
systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically
separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

 

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Provide protection from malicious code at appropriate locations within organizational information
systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real?time scans of ?les from external sources as
files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other speci?c safeguarding
requirements speci?ed by Federal agencies and departments relating to covered contractor information systems
generally or other Federal safeguarding requirements for controlled unclassified information as established by
Executive Order 13556.

Subcontracts. The Contractor shall include the substance of this clause, including this paragraph in
subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than
commercially available off-the-shelf items), in which the subcontractor may have Federal contract information

residing in or transiting through its information system.

52.212?5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Con?dentiality Agreements or Statements (JAN 2017)
(section 743 of Division B, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-23 5) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions?.

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).

The Contractor shall comply with the PAR clauses in this paragraph that the Contracting Of?cer has
indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items: (Contracting Of?cer check as appropriate.)

(1) 52203?6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate 1 (Oct 1995)
(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June
2010) (Section 1553 of Pub. L. 11 1-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.
109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

 

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(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 11 1-1 17, section 743 of Div.

0


(7) 52.204-15, Service Contract Reporting Requirements for Inde?nite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).

(8) 52209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41
U.S.C. 2313).

(10) [Reserved]
(1 52.219-3, Notice of Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
(ii) Alternate I (NOV 20] 1) of 52.219-3.

12) 52.219-4, Notice of Price Evaluation Preference for Small Business Concerns (OCT 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 20] 1) of 52.219-4.

(13) [Reserved]

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011)(15 U.S.C. 644).
(ii) Alternate 1 (NOV 2011).

Alternate 11 (NOV 201 

52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate 1 (Oct 1995) of 52.2 19-7.

Alternate 11 (Mar 2004) of 52.219-7.

(16) 52219?8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and 
52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 
(ii) Alternate 1 (Nov 2016) of 52.219-9.

Alternate 11 (Nov 2016) of 52.219-9.

(iv) Alternate 111 (Nov 2016) of 52.219-9.

Alternate IV (Aug 2018) of 52.2 1 9-9.

(18) 52.219-13, Notice ofSet-Aside of Orders (NOV 20] I) 15 U.S.C. 644(r)).

(l9) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-l6, Liquidated Damages?Subcon-tracting Plan (Jan 1999) (15 U.S.C. 

 

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(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 201 1) (15 U.S.C.
6571).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222?19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (13.0. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (SEPT 2016) (ED. 1 1246).

(ii) Alternate 1 (Feb 1999) of 52.222-26.

52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(ii) Alternate I (July 2014) of 52.222-36.

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Noti?cation of Employee Rights Under the National Labor Relations Act (Dec 2010) (ED.
13496).

52.222-50, Combating Traf?cking in Persons (JAN 2019) (22 U.S.C. chapter 78 and ED. 13627).
(ii) Alternate 1 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 13.0. 13627).

(34) 52.222-54, Employment Eligibility Veri?cation (Oct 2015). (E. 0. 12989). (Not applicable to the
acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

52.223-9, Estimate of Percentage of Recovered Material Content for EPA?Designated Items (May
2008) (42 U.S.C. (Not applicable to the acquisition of commercially available off-the-shelf
items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. (Not applicable to the acquisition of
commercially available off-the-shelf items.)

(36) 52.223-1 1, Ozone-Depleting Substances and High Global Warming Potential Hydro?uorocarbons (June,
2016) 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Re?'igeration Equipment and Air Conditioners
(June, 2016) (E0. 13693).

 

 

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(38) 52.223-13, Acquisition of Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

52.223-14, Acquisition of Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52223?14.

(40) 52.223-15, Energy Ef?ciency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

52223-16, Acquisition of Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).

(ii) Alternate 1 (Jun 2014) of 52223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (EC. 13513).
(43) 52.223-20, Aerosols (June, 2016) (ED. 13693).

(44) 52223-21, Foams (June, 2016) (E0. 13693).

52224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American-~Supp1ies (May 2014) (41 U.S.C. chapter 83).

(47) 52.225-3, Buy American-?Free Trade Agreements-~Israe1i Trade Act (May 2014) (41 U.S.C. chapter
83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate 1 (May 2014) of 52.225-3.

Alternate 11 (May 2014) of 52225-3.

(iv) Alternate 111 (May 2014) of 52225-3.

(48) 52225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., l9 U.S.C. 3301 note).

(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) proclamations, and statutes
administered by the Of?ce of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52226-4, Notice of Disaster or Emergency Area Set-Aside ('Nov 2007) (42 U.S.C. 5150

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150)

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(0).

 

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(54) 52232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(1)).

(55) 52.232-33, Payment by Electronic Funds Transfer?System for Award Management (Oct 2018) (31 U.S.C.
3332).

(56) 52232-34, Payment by Electronic Funds Transfer?Other than System for Award Management (July
2013) (31 U.S.C. 3332).

(57) 52232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
(58) 52239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52242-5, Payments to Small Business Subcontractors (JAN U.S.C. 637(d)(12)).

52247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247~64.
Alternate 11 (Feb 2006) of 52.247-64.
The Contractor shall comply with the FAR clauses in this paragraph applicable to commercial services, that
the Contracting Of?cer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
(1) 52.22247, Nondisplacement of Quali?ed Workers (May 2014) (E0. 13495).
(2) 52222-4], Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(3) 52222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).

(4) 52222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple
Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52222-44, Fair Labor Standards Act and Service Contract Labor Standards-~Price Adjustment (MAY
2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6) 52222-5], Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (EC. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (ED. 13706).

(10) 52226-6, Promoting Excess Food Donation to Nonpro?t Organizations (MAY 2014) (42 U.S.C. 1792).
Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

if this contract was awarded using other than sealed bid, is in excess of the simpli?ed acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records-Negotiation.

 

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The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related
to this contract.

(2) The Contractor shall make available at its of?ces at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period speci?ed in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting ?nal termination settlement. Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are ?nally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(1) Notwithstanding the requirements of the clauses in paragraphs and of this clause, the
Contractor is not required to ?ow down any FAR clause, other than those in this paragraph (e)(l)in a subcontract for

commercial items. Unless otherwise indicated below, the extent of the ?ow down shall be as required by the
clause?

52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Con?dentiality Agreements or Statements (JAN 2017)
(section 743 of Division B, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, So?ware, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219?8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts

to small business concerns) exceeds $700,000 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-17, Nondisplacement of Quali?ed Workers (MAY 2014) (ED. 13495). Flow down required in
accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52222-26, Equal Opportunity (Sept 2016) (ED. 1 1246).

52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
52222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Noti?cation of Employee Rights Under the National Labor Relations Act (Dec 2010) (EC. 13496).
Flow down required in accordance with paragraph of FAR clause 52.222-40.

(xii) 52.222?41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(A) 52.222-50, Combating Traf?cking in Persons (JAN 2019) (22 U.S.C. chapter 78 and 13.0. 13627).

 

Case Document 1-1 Filed 10/22/19 Page 23 of 28 Page D# 33

N00421 19Q0303

Page 19 of 24

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and EC. 13627).
(xiv) 52222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Veri?cation (Oct 2015) (E. 0. 12989).
Minimum Wages Under Executive Order 13658 (Dec 20l5) (E.O. 13658).

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224?3.

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (13.0. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonpro?t Organizations. (May 2014) (42 U.S.C. I792). Flow
down required in accordance with paragraph of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned US. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 Of?cer will make their full text available. Also, the full text of a clause
may be accessed electronically at this/these addresses): or 

252104-7000 DISCLOSURE OF INFORMATION (OCT 2016)

The Contractor shall not release to anyone outside the Contractor's organization any unclassi?ed information,
regardless of medium ?lm, tape, document), pertaining to any part of this contract or any program related to
this contract, unless--

(I) The Contracting Of?cer has given prior written approval;

(2) The information is otherwise in the public domain before the date of release; or

(3) The information results from or arises during the performance of a project that involves no covered defense
information (as de?ned in the clause at DFARS 252204-7012, Safeguarding Covered Defense lnfonnation and
Cyber Incident Reporting) and has been scoped and negotiated by the contracting activity with the contractor and
research performer and determined in writing by the contracting of?cer to be fundamental research (which by
defmition cannot involve any covered defense information), in accordance with National Security Decision
Directive 189, National Policy on the Transfer of Scienti?c, Technical and Engineering Information, in effect on the
date of contract award and the Under Secretary of Defense (Acquisition, Technology, and Logistics) memoranda on

 



 

Case Document 1-1 Filed 10/22/19 Page 24 of 28 Page D# 34

N00421 l9Q0303
Page 20 of 24

Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008
(available at DFARS PGI 204.4).

Requests for approval under paragraph shall identify the speci?c information to be released, the medium
to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Of?cer at least
10 business days before the proposed date for release.

(6) The Contractor agrees to include a similar requirement, including this paragraph(c), in each subcontract under
this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the
Contracting Of?cer.

252204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
INFORMATION (OCT 2016)

De?nitions. As used in this clause --

"Adequate security" means protective measures that are commensurate with the consequences and probability of
loss, misuse, or unauthorized access to, or modi?cation of information.

"Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a
system, in which unauthorized intentional or unintentional disclosure, modi?cation, destruction, or loss of an object,
or the copying of information to unauthorized media may have occurred.

"Contractor attributional/proprietary information" means information that identi?es the contractor(s), whether
directly or indirectly, by the grouping of information that can be traced back to the contractor(s) program
description, facility locations), personally identi?able information, as well as trade secrets, commercial or ?nancial
information, or other commercially sensitive information that is not customarily shared outside of the company.

"Controlled technical information" means technical information with military or space application that is subject
to controls on the access, use, reproduction, modi?cation, performance, display, release, disclosure, or
dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements
through using the criteria set forth in Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is law?illy publicly available without restrictions.

"Covered contractor information system" means an unclassi?ed information system that is owned, or operated by
or for, a contractor and that processes, stores, or transmits covered defense information.

"Covered defense information" means unclassi?ed controlled technical information or other information, as
described in the Controlled Unclassi?ed Information (CUI) Registry at
that requires safeguarding or dissemination controls
pursuant to and consistent with law, regulations, and Govemmentwide policies, and is --

Marked or otherwise identi?ed in the contract, task order, or delivery order and provided to the contractor
by or on behalf of in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of
the performance of the contract.

"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an
actual or potentially adverse effect on an information system and/or the information residing therein.

"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for
investigative purposes in a manner that maintains the integrity of the data.

"Information system" means a discrete set of information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of information.

"Malicious software? means computer software or ?rmware intended to perform an unauthorized process that will
have adverse impact on the con?dentiality, integrity, or availability of an information system. This de?nition
includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some
forms of adware.

"Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks,
magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is
recorded, stored, or printed within a covered contractor information system.

"Operationally critical support" means supplies or services designated by the Government as critical for airlift,
sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or
sustainment of the Armed Forces in a contingency operation.

 

Case Document 1-1 Filed 10/22/19 Page 25 of 28 Page D# 35

N00421 I9Q0303

Page 21 of 24

"Rapidly report" means within 72 hours of discovery of any cyber incident.

"Technical information" means technical data or computer software, as those terms are de?ned in the clause at
DFARS 252227-7013, Rights in Technical Data .. Non Commercial Items, regardless of whether or not the clause is
incorporated in this solicitation or contract. Examples of technical information include research and engineering
date, engineering drawings, and associated lists, speci?cations, standards, process sheets, manuals, technical reports,
technical orders, catalog-item identi?cations, data sets, studies and analyses and related information, and computer
software executable code and source code.

Adequate security. The Contractor shall provide adequate security for all covered contractor information
systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information
security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system
operated on behalf of the Government, the following security requirements apply:

Cloud computing services shall be subject to the security requirements speci?ed in the clause 252.239-
7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system other than cloud computing) shall be subject to the security
requirements Speci?ed elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of
the and therefore are not subject to the security requirement speci?ed at paragraph of this clause,
the following security requirements apply:

Except as provided in paragraph of this clause, the covered contractor information system shall
be subject to the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171,
"Protecting Controlled Unclassi?ed Information in Nonfederal Information Systems and Organizations," (available
via the intemet at IST.SP.800-17 1) that is in effect at the time the solicitation is issued or
as authorized by the Contracting Officer.

The Contractor shall submit requests to vary from NIST SP 800-171, as soon as practical, but not later
than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the 
Chief Information Of?cer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any
security requirements speci?ed by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary ?'om NIST SP 800-171 in writing to the Contracting
Of?cer, for consideration by the CIO. The Contractor need not implement any security requirement
adjudicated by an authorized representative of the DOD CIO to be nonapplicable or to have an alternative but
equally effective, security measure that may be implemented in its place.

(C) If the CIO has previously adjudicated the contractor's requests indicating that a requirement is not
applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to
the Contracting Of?cer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any
covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud
service provided meets security requirements equivalent to those established by the Government for the Federal Risk
and Authorization Management Program Moderate baseline
and that the cloud service provider complies with requirements in
paragraphs through of this clause for cyber incident reporting, malicious software, media preservation and
protection, access to additional information and equipment necessary for forensic analysis, and cyber incident
damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that
information systems security measures, in addition to those identi?ed in paragraph and (2) of this clause, may
be required to provide adequate security in a dynamic environment or to accommodate special circumstances 
medical devices) and any individual, isolated, or temporary de?ciencies based on an assessed risk or vulnerability.
These measures may be addressed in a system security plan.

Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the
covered defense information residing therein, or that affects the contractor's ability to perform the requirements of
the contract that are designated as operationally critical support, the Contractor shall --

Conduct a review for evidence of compromise of covered defense information, including, but not limited
to, identifying compromised computers, servers, speci?c data, and user accounts. This review shall also include
analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information

 

 

Case Document 1-1 Filed 10/22/19 Page 26 of 28 Page D# 36

N00421 19Q0303
Page 22 of 24

systems on the Contractor?s network(s), that may have been accessed as a result of the incident in order to identify
compromised covered defense information, or that affect the Contractor?s ability to provide operationally critical
support; and

(ii) Rapidly report cyber incidents to at 

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for and
shall include, at a minimum, the required elements at 

(3) Medium assurance certi?cate requirement. In order to report cyber incidents in accordance with this _clause,
the Contractor or subcontractor shall have or acquire a DOD-approved medium assurance certi?cate to report cyber
incidents. For information on obtaining a DOD-approved medium assurance certificate, see


Malicious software. When the Contractor or subcontractors discover and isolate malicious software in
connection with a reported cyber incident, submit the malicious so?ware to Cyber Crime Center in
accordance with instructions provided by DC3 or the Contracting Of?cer. Do not send the malicious software to the
Contracting Of?cer.

Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor
shall preserve and protect images of all known affected information systems identi?ed in paragraph of this
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident
report to allow to request the media or decline interest.

Access to additional infatuation or equipment necessary for forensic analysis. Upon request by the
Contractor shall provide with access to additional information or equipment that is necessary to conduct a
forensic analysis.

Cyber incident damage assessment activities. If elects to conduct a damage assessment, the Contracting
Of?cer will request that the Contractor provide all of the damage assessment information gathered in accordance
with paragraph of this clause.

safeguarding and use of contractor attributional/proprietary information. The Government shall protect
against the unauthorized use or release of information obtained from the contractor (or derived from information
obtained from the contractor) under this clause that includes contractor amibutional/proprietary information,
including such information submitted in accordance with paragraph To the maximum extent practicable, the
Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such
information, the Government will implement appropriate procedures to minimize the contractor
attributional/proprietary information that is included in such authorized release, seeking to include only that
information that is necessary for the authorized purpose(s) for which the information is being released.

Use and release of contractor attributional/proprietary information not created by or for Information that
is obtained ?'om the contractor (or derived from information obtained from the contractor) under this clause that is
not created by or for is authorized to be released outside of DOD--

(I) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with
Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a
contract that includes the clause at 252204-7009, Limitations on the Use or Disclosure of Third-Party Contractor
Reported Cyber Incident Information.

Use and release of contractor attributional/proprietary information created by or for Information that is
obtained from the contractor (or derived ?'om information obtained from the contractor) under this clause that is
created by or for (including the information submitted pursuant to paragraph of this clause) is authorized to
be used and released outside of for purposes and activities authorized by paragraph of this clause, and for
any other lawful Government purposes or activity, subject to all applicable statutory, regulatory, and policy based
restrictions on the Government's use and release of such information.

The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on
the interception, monitoring, access, use, and disclosure of electronic communications and data.

(I) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this
clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting
pertaining to its unclassi?ed information systems as required by other applicable clauses of this contract, or as a
result of other applicable US. Government statutory or regulatory requirements.

 

Case Document 1-1 Filed 10/22/19 Page 27 of 28 Page D# 37

N0042119Q0303

Page 23 of 24

Subcontracts. The Contractor shall 

(1) Include this clause, including this paragraph in subcontracts, or similar contractual instruments, for
operationally critical support, or for which subcontract performance will involve covered defense information,
including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall
determine if the information required for subcontractor performance retains its identity as covered defense
information and will require protection under this clause, and if necessary, consult with the Contracting Of?cer; and

(2) Require subcontractor to?-

Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary ?'om a
NIST SP 800- 171 security requirement to the Contracting Of?cer, in accordance with paragraph of this
clause; and
(ii) Provide the incident report number, automatically assigned by BOB, to the prime Contractor (or next
higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to as required in paragraph
of this clause.

 

Case Document 1-1 Filed 10/22/19 Page 28 of 28 Page D# 38

N00421 I9Q0303
Page 24 of 24
Section - Representations, Certi?cations and Other Statements of Offerors
CLAUSES INCORPORATED BY FULL TEXT
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub.L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Govemment
will not enter into a contract with any corporation that --

(I) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a
determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the
corporation and made a determination that this action is not necessary to protect the interests of the Government.

The Offeror represents that -

(I) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liabilitycorporation that was convicted of a felony criminal violation under any Federal law
within the preceding 24 months,

 

Case Document 1-2 Filed 10/22/19 Page 1 of 2 Page D# 39

Of ALPHA 

 

112 East Commercial Street, Pleasant Hill, MO 64080 USA, (816) 282-8234

 

 

M01008-1710-01 Antenna Datasheet

Description

This wearable portable Body Worn Antenna offers a low profile design, which:
- Decreases visual signature

- Increases Tx/Rx omni performance

- Increases performance in prone position.

Electrical

RF Capacity: 10W

Input Impedance: 50 Ohms
Radiation Pattern: Omni
Polarization: Vertical
VSWR: <3.5:1

Gain: -15 to +2

Mechanical

RF Connector: TNC Male
Length: 39.5 Inches
Weight: 4.6 ounces

 



PIN: MD1008-1710-01

 

 

 

 

EXHIBIT

2.

 

Case Document 1-2 Filed 10/22/19 Page 2 of 2 Page D# 4O

 

   
    
    
    
    
    
    
    
    

?Scourge? VHFIUHF (30-520MHZ)
PIN: MD1008-1710-01

 

RF Capacity: 10W

Input Impedance
. 50 Ohms

Radiation Pattern
. Omni

Polarization
- Vertical

 

 

VSWR
I <3.521

 

 

Gain
0 -15 to +2

RF Connector
. TNC Male

Length
. 39.5 inches
Weight
. 4.6 ounces

 

 

 

 

Low profile design
- Decrease visual signature

- Increase Tx I Rx omni performance
- Increase performance in prone position

 

mastodondesign.com

Case Document 1-3 Filed 10/22/19 Page 1 of 2 Page D# 41
CIVIL COVER SHEET

The IS 44 civil cover sheet and the inl'onriation contained herein neither replace not sup lenient the liline and service of pleadings or other papersas ret uired by?lattz except as
provided by local rules of_court. This I'orm? approved by the Judieial Conference of the nitcd States in September I974. 15 required tor the use of the Clerk oI?Court for the
purpose of initiating the curd docket sheet 

.
hi??lod'ia'??b'el??iimisc: Nos
176 Anderson Ave, Suite F112 101 West Broadway, Suite 300
Rochester, New York 14607 San Diego. California 92101
County ol?Rcsidenee of First Listed Plaintiff Rochester City County of Residence ot'First Listed [)el?endanl Diego County; 
(EAT HA: (IN US. t' I.)

IN LAND CEINDEMNATION CASES, TI LOCATION OF
OI: LAND INVOLVED

IS 44 (Rev. 

 

NOTE.

(C) Attorneys (ti-inn .\'rrmc. and Telephone .?t'mnhen Attorneys (if Known}
Richard C. Sullivan, Jr.
Bean. Kinney Korman, PC

2311 Wilson Blvd, Suite 500. Arlington. VA 22201 (703) 525-4000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BASIS OF JURISDICTION (Horse (in mUircb?ox Unit!) I I I. CITIZENSHIP RI NCI PAL PA R11 ES (Place on in One Ho,r??u' 
(For i 'nxex Univ) and Uni: Erir?rr 
I: I US. Government IX 3 Federal Question DEF 
PlaintiIT (HS. GovernmentMiro Porn) Citizen ofTItis State I I Incorporated or Principal Place CI ?1 -1
of Business In This State
a 2 US Government :1 -I Citizen :1 3 2 Incorporated rimt'l?tirtcipal Place 5 ix 5
Defendant {Indicate in item ofliustitcss Another State
Citizen or Subject ol?a :1 ?1 3 3 Foreign Nation CI 6 l-I (J
Foreien C?ountn-
IV. NATU RE OF SUIT (Ham on in Hue Click here for: Nature ot'Suit Code Descriptions
I TORTS BANKRUPTCY OTHER I
CI I 10 Insurance PERSONAL INJURY PERSONAL INJURY El 625 Drug Related Seizure CI 422 Appeal 28 USC I58 0 375 False Claims Act
CI I20 Marine 3 0 Airplane CI 365 Personal Injury - ofPropcr?ty 2  USC 811! CI 423 Withdrawal CI 376 ()ui Tani 
ISU Miller Act 3 I5 Airplane Product Product Liability CI 690 Other 28 USC 3729(aii
CI l-Itt Negotiable Instrument Liability Cl 367 Health Fate" 3 400 State Reapportionment
CI I50 Recovery ovaquayment CI 320 Assault. Libel I?liannaeeulieal PROPERTY RIGHTS i-l Antitrust
Enforcement ol'JtIdginellt Slander Personal Injury fl 8211 Copyrights :3 430 Banks and Banking
--I I51 Medicare Act CI 331) Federal Employers Product Liability i'I 8311 Patent CI 450 Commerce
:1 I52 Recovery oI'IJeI'auIled liability 363 Asbestos Personal It] 335 Patent - Abbreviated 400 Deportation
Student Loans 3 340 Marine Injury Product New Drug. Application 421'] Racketeer and
[Excludes Veterans) 3-15 Marine Product Liability 3 8-10 Trademark Corrupt Organimtions
I53 Recovery oI?Ovei?paymctit Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY CI 480 Consumer Credit
of Veteran's Benefits CI 351) Motor Vehicle CI 370 Other Fraud [3 710 Fair Labor Standards 86I (IS USC taxi or In?ll)
I3 too Stockholders? Suits CI 355 Motor Vehicle CI Truth in Lending Act El 862 Black Long (923) El 485 Telephone Consumer
CI I90 Other Contract Product Liability CI 380 Other Personal 720 Lairor/Manageinenl 863 (4115(gn Protection Act
CI I95 Contract Product Liability CI 360 Ollier Personal Property Dalltagc Relations El 864 SSID 'I?ille XVI CI 400 CablefSal TV
Cl 1% Franchise Injury =3 385 Property Damage 740 Railway Labor Act CI 865 (405(3)) CI 850 Seeriritiesr?C?oinmoditics.?
362 Personal Injury - Product Liability CI 75] Family and Medical Exchange
Medical Malpractice Leave Act 890 Other Statutory Actions
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS CI SQI Agricultural Acts
Cl 2H) Land Condemnation Cl 440 Other Civil Rights llabeus Corpus: CI ?I?ll Employee Retirement 870 Taxes (US. Plaintiff 893 Environmental Matters
220 Foreclosure Voting Cl 463 Alien Detainee Income Security Act or Defendant) 895 Freedom ot? Information
230 Rent Lease fl 4-I2 Employment Cl 510 Motions to Vacate 87I IRS?Third Party Act
CI 240 Torts to Land :1 -I-I3 llousingr Sentence 26 USC 260?) Cl 896 Arbitration
2.15 Tort Product Liability Accommodations CI 530 General 89?) Administrative Procedure
CI 290 All Other Real Property 4-I5 Amer. \vIDisabiIitics - CI 535 Death Penalty IMMIGRATION Actr?Rcvicw or Appeal of
Employment Other: CI 462 Natirralimlion Application Agency Decision
Cl 445 Amer. - CI 540 Mandamus Other 5 465 Other Immigration ?J?tl Constitutionality of
Other CI 550 Civil Rights Actions State Statutes
i3 418 Iiducation CI 555 Prison Condition
CI 5o0 Civil Detainee -
Conditions of
('onlinenicirl
V. ORIGIN (More on in (Inc [for Univ)
21: I Original El 2 Removed from Cl 3 Remanded from :1 4 Reinstated or 5 'I'ranst?erred from Multidistrict :1 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation 

VI. CAUSE OF ACTION

VII. REQUESTED IN

15 U.S.C. 51125

 

ol'causc' .
Lanham Act claim for false labeling and off.

CHECK IF THIS IS A CLASS ACTION

is?r?r'l??l

DEMAND 

'I'ransl'er

liic US. Civil Statute under which yo Lt are tiling (Do not diversity):

Direct Pile

CHECK YIES only ifdentandcd in complaint:

 

 

 

COMPLAINT: UNDER RULE 23, .ionv nastiest): >11 Yes :1 No
RELATED .

IF ANY Wag oocrua'r NUMBER 
Dr?r'l?li OI: ATTORNEY OF RECORD
10f2212019

 

FOR OFFICE USE ONLY

RECEIPT i:

L.)



APPLYING 

.ll 

MAO JUDGE

Case Document 1-3 Filed 10/22/19 Page 2 of 2 Page D# 42

.IS 44 Reverse (Rev. 09/]9)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The IS 44 civil cover sheet and the information contained herein neither replaces nor supplements the ?lings and service ofpleading or other papers as
required by law, except as provided by local rules of court. This form. approved by the Judicial Conference of the United States in September I974, is
required for the use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. Consequently. a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:







II.

IV.

I .

VII.



Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiffand defendant. Ifthe plaintiffor defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiffor defendant is an official within a government agency. identify first the agency and
then the official, giving both name and title.

County of Residence. For each civil case ?led. except U.S. plaintiff cases, enter the name ofthe county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases. enter the name ofthe county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases. the county of residence of the "defendant" is the location of the tract ofland involved.)

Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

Jurisdiction. The basis ofjurisdiction is set forth under Rule which requires that jurisdictions be shown in pleadings. Place an 
in one ofthe boxes. lfthere is more than one basis ofjurisdiction. precedence is given in the order shown below.

United States plaintiff. Jurisdiction based on 28 U.S.C. I345 and I348. Suits by agencies and officers ofthe United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies. place an in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 133 wherejurisdiction arises under the Constitution ofthe United States. an amendment
to the Constitution. an act of Congress or a treaty ofthe United States. In cases where the U.S. is a party, the U.S. plaintiffor defendant code takes
precedence. and box I or 2 should be marked.

Diversity ofcitizenship. (4) This refers to suits under 28 U.S.C. I332, where parties are citizens ofdifferent states. When Box 4 is checked. the
citizenship of the different parties must be checked. (See Section below; NOTE: federal question actions take precedence over diversity
cases.)

Residence (citizenship) of Principal Parties. This section ofthe JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Mark this
section for each principal party.

Nature of Suit. Place an in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature ofsuit code
that is most applicable. Click here for: Nature ofSuit Code Descriptions.

Origin. Place an in one ofthe seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C.. Section I44 I.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.

Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section I407.

Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

Cause of Action. Report the civil statute directly related to the cause of action and give a briefdescription ofthe cause. not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

Requested in Complaint. Class Action. Place an in this box ifyou are filing a class action under Rule 23. 
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not ajury is being demanded.

Related Cases. This section of the .l 44 is used to reference related pending cases. if any. lfthere are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.