EFTA00187117.pdf

r NO. EFTA00187117 NAME 'CC';: • •  V S1 USAO NUMBER LQCZYrA.C) 1 % RIMINAL COMPLAINT COURT DOCKET NO. DJ FILE NO. E CONTENTS OF THIS FILE ARE SUBJECT TO THE PROVISIONS OF THE PRIVACY ACT (5 U.S.C. 552a). United States Attorney SoLti N District of re_Xim VISION t\k)6-4i I G COUNTY fp,u-krpsct-i FENDANTS: ASSIGNED TO _JP( LEAP NATURE OF OFFENSE InirrV/i (1 ,17-011.0v1' 11A-cyst-ode 4-koAitif +D incore cA) lit -% a_ (NALVION'' CODE SECTIONS 21/-2-2 2/1-23 DATE OF OFFENSE GOVT. AGENCY f 1-311 STAT. OF LIMITATIONS FENSE COUNSEL: BOND (AMOUNT, DATE AND SURETY) RAIGNMENT PLEA E ALSO FILE NO. REST INDICT BY INDICTMENT TRIAL ._ DATE CODE REMARKS INITIALS 0 EFTA00187118  EFTA00187119 GCO I Page 1 of I Case Name: U.S. I. OPERATION LEAP YEAR 5 C.F.R. § 2635.502, the impartiality rules, prohibits me from participating in a Matter tt: specific party matter that I know is likely to affect the financial interests of a USAO#: member of my household or in which someone with whom I have a covered relationship is or represents a party. 18 U.S.C. § 208 is a criminal conflict of interest statute that prohibits me from participating personally and substantially in an official capacity in any particular A, I understand that I have a covered relationship with the following: matter in which I have a financial interest or in which certain persons or organizations whose interests are imputed to me have a financial interest if the anyone with whom I have or seek a business, contractual, or financial relationship; particular matter will have a direct and predictable effect on that interest. This statute is in addition to any state bar professional conduct rules that may apply. a relative with whom I have a close personal relationship; I understand that personal and substantial participation may encompass anyone for whom my spouse, parent or dependent child serves or seeks to serve as activities ranging from merely advising on strategy to signing pleadings or an officer, director, trustee, general partner, agent, attorney, consultant, contractor, trying a case. or employee; )4 I understand that a particular matter includes both specific party matters, as well as more general matters that focus on an identifiable group (e.g., a anyone for whom I worked in the last year as an officer, director, trustee, general policy determination that more resources will be spent pursuing partner, agent, attorney, consultant, contractor, or employee; and institutions'. individuals committing health care fraud). X. I understand that financial interest is the potential for gain or loss as a an organization in which I am an active member. result of governmental action and that such interests typically arise through ownership of stocks or sectored mutual funds, outside I certify that, to the best of my knowledge, this matter is not likely to affect the activities/employment, and spousal employment. financial interest of a member of my household, and no one with whom I have a I understand that those interests imputed to me include those of my cove relation is or represents a party in this matter. Therefore, my spouse, minor children, general partners, any organization in which I lc' t 1 ndviolpte,6 03F.R. 4.4635.502. serve as officer, director, trustee, general partner or employee, and any person or organization with whom I am negotiating for or have any ater72-3k 6 arrangement concerning prospective employment. I understand that a direct and predictable effect occurs when there is a close causal relationship between the matter and my financial interest or (Printed Name) the financial interest held by someone whose interests arc imputed to me. The effect may be positive or negative. The magnitude of the gain or loss If you cannot certify to the above statement, do not take any action on the case is immaterial. and immediately contact your supervisor or your Ethics Advisor. I certify that, to the best of my knowledge, this matter will not directly and I acknowledge my ongoing responsibility' to be aware of the potential for conflict predictably affect my financial interests or those interests imputed to me and my or the appearance of a conflict and to disclose any financial or personal interest as pa 8 U.S.C. § 208. described above that woulithacomejavolved in or be affected by the matter as soofles ilatp* to the 7 te5/23/0 c (Printed Name) (Printed Name) If You cannot certify to the above statement, do not take any action on the case and immediately contact your supervisor or Your Ethics Advisor.  U.S. ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA CRIMINAL MATTER/CASE INITIATION FORM USAOID MAG NO. COURT NO. RELATED CASE NO. PARTICIPANTS: A. OPERATION LEAP YEAR D. B. E. C. F. SUMMARY OF FACTS: Internet Solicitation - Inter8tate travel to have sex with a minor. PRIMARY CHARGE: 18 USC 2422161, 24231bl EST FINANCIAL MAGNITUDE: OFFENSE DATE FROM DATE TO PRIORITY: (Check one) N National Priority Only _ B Both National 8s District Priority D District Priority Only _ X Neither National nor District Priority AGENCY Who is the investigating agency? Agency Name: FBI Agency File Number: Agent Name and Telephone Number: S A cell Second Agency Name: Second Agency's File Number: Second Agency's Agent Name and Telephone Number: LIM ICATCTRA APPLY. This case involves TRIGGERLOCK Defendant(s) Offense discovered as results of (NICS) Brady Yes No This case involves Victim(s) _ Non Government Witnesses or both. Forfeiture of Assets may be involved. OCDETF Case Operation Name: OCDETF Number: FC/FLS/ Special targets or subjects are involved: Attorneys Police Officers Public Officials Members of the Medical Profession Civil Servants Responsibility for the case is shared with DOJ through joint litigation or DOJ required oversight. (Cases within this category, for which DOJ information must be provided, include all Tax, Environmental, FDA and Civil Rights Cases) DOJ Division: DOJ File or Tax Division Number: DOJ Attorney and Telephone Number: REVIEWED FOR ACCURACY & COMPLETENESS; ACCEPTED FOR CASE INITIATION ASSIGNED TO: AUSA SUPERVISORY AUSA SIGNATURE: _a____ DATE USAO 001 (01CRM07a) REV.(08/12/02) EFTA00187120 PROGRAM CATEGORY (Check ALL categories that apply) (priorities arc listed in parentheses) OFFICIAL CORRUPTION Customs-Currency (063) Fed. Corruption-Procurement IN-ALL) (011) (N-$25,000/one or $50,000/more than one) Fed. Corruption-Program (N-ALL) (012) Energy Pricing & Related Fraud (N-$500,000 or illegal pricing) (064) Fed. Corruption-Law Enforcement (N-ALL) (013) Health & Safety-Employees (N-life endangering) (066) Fed. Corruption-Other IN-ALL) (014) Copyright Violation% (N-5500,000 • and three or more states (069) State Corruption (N-High Officials) (015) Trafficking in Contraband Cigarettes (N-5100,0000 (06A) Local Corruption (N-High Officials) (0161 Wildlife Protection (06B) Other Official Corruption (01Z) Marine Resources (06C) ORGANIZED CRIME Energy Violations (06D) Organized Crime-Traditional (020) Environmental Crime (06E) Organized Crime-Emerging Organizations (021) Money Laundering/Structuring (Narcotics) (069 WHITE -COLOR CRIME/FRAUD Money Laundering/Structuring (Other) (060) Fed. Procurement Fraud (N-$25,000 +) (031) Other Government Regulatory Offenses (062) Fed. Program Fraud (N-$25,000 (032) INDIAN OFFENSES Tax Fraud (N-DOJ Tax Authorized) (033) United States had jurisdiction (065) OFinancial Institution Fraud (036) INTERNAL SECURITY OFFENSE Bankruptcy Fraud (N-$100,000 •) (037) Internal Security (070) Advance Fee Schemes (N-$1000,000 • 10 or more victims) (038) ANTI-TERRORISM Other Fraud Against Business (Credit Card) Fraud (039) International Terrorism (071) Consumer Fraud (N-S)00,000 • or 25 or more victims) (03A) Domestic Terrorism (N-ALL (072) Securities Fraud (N4100,000 +) (03B) Terrorism Related Hoaxes (073) Commodities Fraud (N-$100,000 +) (03C) Terrorist Financing (076) Other Investment Fraud (N-$100,000 +) (03D) OCDETF - Anti-Terrorism/Environment (07A) Computer Fraud (N-ALL) (03F) OCDETF - Anti-Terrorism/Identity Theft (07B) Health Care Fraud (N-525,000 • or bribes) (030) OCDETfe - Anti-Terrorism/Immigration (07C) Fraud Against Insurance Providers (N-$100K •/Arson$250K +) (0311) OCDETF - Anti-Terrorism/OCDETF Drugs (07D) Telemarketing Fraud (038) OCDETF - Anti-Terrorism/Kon-OCDETF Drugs (07E) Insider Fraud Against Insurance Providers (N-ALL) (03.1) OCDETF - Anti-Terrorism/Violent Crime (07F) MEWA/MET (Multiple Employer Welfare Arrangements and (03K) OCDETF • Anti-Terrorism/All Others (070) Multiple Employer That Fraud (14.-$100,000 +) OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE Antitrust Violations-Airlines (03M) Offenses Involving the Administration of Justice (074) Antitrust Violations-Banking (03N) INTERSTATE THEFT Antitrust Violations-Defense Procurement (03P) ITSP - 18 U.S.C. 659, 2117, 2314, etc (075) Antitrust Violations-Extraterritorial Application (03Q) LABOR MANAGEMENT OFFENSE Antitrust Violations-Financial Markets other than banking (03R) Union Official Corruption-Pension, Benefit Funds. Antitrust Violations-Other (if no specific code applies) (03E) (N 425.000) (08A) Other White-Collar Crime/Fraud (032) Union Official Corruption-Bribery, Kickbacks (Ne$5,000.) (08B) DRUGS Labor Racketeering (N-ALL (08C) Drug Dealing (N-CCE; RICO; DEA Class I violator; (040) Other Labor/Management Offenses (0823 movement of $100,000 .; level 38 drug amounts; FUGITIVE CRIMES large criminal drug trafficking organization) Escape, Failure to Appear, Bond Jump (081) Simple Drug Possession (21 :00844 oyd (045) POSTAL SERVICE CRIMES OCDETF (N-ALL) (047) 18 U.S.C. 1708, 1709, 495, 510, etc (082) CIVIL RIOHTS BANK ROBBERY Other (If no specific code applies) (050) 18 U.S.C. 2113 (083) Law Enforcement (05D) ASSIMILATED CRIMES Slavery/Involuntary Servitude (05E) 18 U.S.C. 0007(31, 0013, etc.... (084) Racial Violence (059 ELECTION FRAUD Access to Clinic Entrances (18 U.S.0 §248) (050) 18 U.S.C. 371, 911, 1341-1343 (085) Hate Crimea Sep 11, 2001 Terrorist Attacks on the U.S. (05H) MOTOR VEHICLE CRIMES OPERATION TRIGGERLOCK 18 U.S.C. 2312, 2313, etc..... (086) Firearms cases (053) OP RNOGRAPHY/OBSCENITY Firearms cases (Brady Violation) (054) X 18 U.S.C. 2251.2256 [Child Protection Act of 1984) (087) 18 U.S.C. 922(a)(6), 924(a)(1)(M, 1001 18 U.S.C. 1461.1465 (Obscenity) (087) IMMIGRATION THEFT OF GOVERNMENT PROPERTY Immigration & Nationality Act (055) U.S.C. 641, etc... Excluding white collar under 031-032 (088) CRIMES AGAINST GOVERNMENT PROPERTY OBSCENITY DOMESTIC VIOLENCE 18 U.S.C. 1461, 1465 or U.S.C. 223 (089) Crimes Against Government Property (056) OTHER CRIMINAL PROSECUTIONS GOVERNMENT REGULATORY OFFENSES X All Others Not Covered Above (090) Counterfeiting and forgery of U.S. Government Currency (061) DOMESTIC VIOLENCE or Securities (N-ALL 18 U.S.C. 2261.2262; 922(03), 922(g)(9) (091) Customs-Duty (N-$25.000/one or $500,000 more than one) (0621 REGION/DIVISION/SECTION CODES SOUTHERN REGION CENTRAL REGION NORTHERN REGION ECS ECONOMIC CRIMES SECTION CCI CENTRAL CRIMINAL ONE L NCI NORTHERN CRIMINAL) ENS ENVIRONMENTAL CRIMES SECTION CC2 CENTRAL CRIMINAL TWO NC2 NORTHERN CRIMINAL II NAH HIDTA OCS ORGANIZED CRIME FTP FORT PIERCE OFFICE PCS PUBLIC CORRUPTION SECTION SMP MAJOR PROSECUTIONS SECTION SNS NARCOTICS SECTION CRD CIVIL RIGHTS SECTION EKE EXECUTIVE DIVISION FI: \EVasquez\Villafrina, A. Marie • Cases\ Operation Leap Year \CASE INITIATION FORMS \Criminal Matter-Case Initiation Form.wpd EFTA00187121  **slesstststssstststss **le TX REPORT lt*s s****ssIttittsitst****** TRANSMISSION OK TX/RX NO 1699 CONNECTION TEL 19543566964 SUIIADDRESS CONNECTION ID ST. TIME 06/01 17:09 USAGE T PGS. SENT RESULT United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: June 1, 2006 TO: Docketing ORGANIZATION: USAO/Ft. Lauderdale FAX #: SUBJECT: In the Matter of: Operation Leap Year FROM: Legal Assistant , Extension 3032 (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: 4 COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks! EFTA00187122 United States Attorney's Office Southern District of Florida 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401-6235 DATE: June 1, 2006 TO: Docketing ORGANIZATION: USAO/Ft. Lauderdale FAX #: SUBJECT: In the Matter of: Operation Leap Year FROM: Legal Assistant , Extension 3032 (Fax) NUMBER OF PAGES, INCLUDING THIS PAGE: 4 COMMENTS: Please see attached case that needs a USAO/LIONS #. If you have any questions or concerns, please feel free to contact me. Thanks! Original document: To follow via regular mail To follow via Federal Express To follow via interagency mail To follow via hand delivery To follow via email X Nothing to follow, FAX = original EFTA00187123  EX PERT t•JiTNESS FeM.S EFTA00187124  RECEIVED nit Request, Authorization and Contract for Services of U.S. Department of Justice Expert Witness, Litigative ConsultaptAfrtirirdral Contract/Purchase Order No.: 7L-USA-04-0207 OD/An, in 11-PliST , 17 av ;;a0k,.. '-' ..".0rligYSICParilkiKequ6st foeSeritIceicf<.Q- ,,:•! Wil' :,... ..:: -.: ‘2 54,ValliaMatintgif 3. Point of Contact Nam an T I 4. Dale of Request SWIM 10/26/2006 5. Preparer (Name & Tel.) 6. Originating Office (Name & A dress) 7. ase Name, Court & CI. Docket No. IL DJ File No.A.ISA0 No. USAO WPB Operation Leap Year 500 S. Australian Ave, Suite 400 west Palm Rearh. Fl 314O1 9. Contractor (Name and Tel.) 10. Contractor M ill A 11. Contractor TIN or SSN (IntRvidual) 12. Contractor specialty Anna Salter Ph.D. Licensed Psychologist NRHCP Telephone: 13. Reason for Request (Place an '1C In the applicable Box in the Left Column) 13.a. Expert Testimony on Behalf of U.S. 13.b. Deposition Conducted by DOJ Attorney 13.c. Medical Examination of Plaintiff/Vifitness/Defendant in Contemplation of Testimony on Belief, of U.S. 13.d. Examination Under 18 USC 4241, Mental Competency b Stand Trial Only i 13.e. Dual Purpose Psychiatric Examination (Time of Offense and Competency b Stand Trial) on the motion of: 13.1 ADR Neutral Services )( 13g. Litigative Consultant Services 13.h. Other (explain below): Attach the Statement of Work to this Form 14. Negotiated Contractor Rates, Estimated Expenses, and Performance Dates (Note: Expenses Incurred must be supported by receipts) ltf4r6CIX4EgAtikcifkrgeatA ffir jaS 4:040filgefftiPeriiialfilTin; ran 1 icelfiiiikit logkoeilitat talltiliatillt 14.a. Examine Case $0.00 14.b. Prepare Testimony $0.00 14.c. Court Testimony $0.00 14.d. Deposition $0.00 14.e. Litigative Consultant/Neutral 05/07/07 - C6/29/07 HOUR 6.00 250.00 $1,500.00 14.f. Per Dlem (if not part of fee) $0.00 14.9. Privately Owned Vehicle (NTE coach rale) Mlle $0.00 14.h. Common Carrier Transportation Via GTA 14.i. Common Carrier Transportation Reimbursed 141 Miscellaneous . Alai ... triWat ifITIif :11 • 7:7 1 j. .. •'. • itk: • t:' i:1 14..t...4.:71C.1j 21..:Y:,?,::"'ii::7; $1.500.00 15. Submit Invoices & EFT Information to: 16. Payment will be made by (Place an *X" ki the applicable Box and ill-in if not JMO/Finance) Attn: Procurement Dept. 1 1. rapartmentofJustice I US Attorneys Office 99 NE 4th StrOaSIAIO 3, I , as on DC 2 0001 Miami, FL 33132 -130sly. - 95 :Q icy E- A61 Lur: a .3/' •0 3.• • Previous Editions are Obsolete Form OBD-47 (Revised 3.2005) Page 1 of 2 EFTA00187125 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral Contract/Purchase Order No.: 7L-USA--04-0207 Part II - Funding Approval .:-Vinie' lehanithl 17. Appropriation Data 17.a. Authorized Amount 17.b. YREGDOC 17.c. Cost Center 17.d. OBL Month 17.e. Sub Object Code (SOC) LS- OO, '—' Goy /0111 acif O°V o 7 or tia7 171 Remarks pfLo& , 0nti Note: The FEW Appropriation (15X0311) shall ONLY be used to fund Witness Services (i.e., items 13.a hrough 13.e above) 18. Funding Amount (Place anr in the applicable Box in the Left Column and fill-In the Amount and Performance Period) 18.a. Fully Funded 18.b. Amount 18.c. Period (From - To) This Contract is FULLY FUNDED in the amount specified in Block 18.b to cover the I/ estimated costs of the ENTIRE project whose performance period is specified in Block 111/ 5—e, a 0 ,3 44 7 — c/o 7 V N 18.c. This amount shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer. ltd. Incrementally Funded 18.e. Amount 18.f. Period (From - To) This Contract is INCREMENTALLY FUNDED. The total estimated cost of the project Is specified in Block 14.k. Currently, funding Is provided only In the amount specified In Block 18.e to covet estimated costs incurred during the performance period specified In Block 18.f. The amount specified in Block 18.e shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer. Reminder: Witnesses are not entitled fo Advance Payments. 19. Funding Approval 19.. _ 19.b. Name 8 Title of Approving Official 19.c. Date Approved 5 lo 7 This contract consists of the documents listed below. In the event of any inconsistency among the following documents, such inconsistency shall be resolved in the order in which said documents are listed. (1) OBD Form 47, Request, Authorization and Contract for Services of Expert Witness. Liligative Consultant, or ADR Neutral, consisting of 2 pages. (2) Attachment 1, Contract Terms, Conditions, and Procedures, consisting of 3 pages. (3) Attachment 2, Statement of Work. (4) The Contractors proposal, incorporated herein by reference. By signing this document, the Contractor agrees to perform services as described herein in accordance with the terms, conditions, and rates set forth in this contract. The Contractor also certifies that, to the best of its knowledge, there is nothing derogatory In the background of its employees that could impugn testimony given by these employees or work products delivered by the Contractor. Thir-coalract-shatirieWiee0F0e..effeeliveantil-signeel-by-en-etrtiterized-representativret/herDontizretortrNI3-1Mreontracting-Offrcer. 20. Contractor Signature 20.a. Signature of Authorized Person 20.b. Name and Title of Signer 20.c. Date Signed kA nnR • Q. %Qkk- e-Vii-a\i' •1). 6 11,8107 21. Contracting Officer Signature ant tin Officer 21.b. Name of Contracting Officer 21.c. Date Signed 5 / 947 Previous Editions are Obsolete Form OBD-47 (Revised 3-2005) Page 2 of 2 EFTA00187126 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigativo Consultant, or ADR Neutral [Contract/Purchase Order Number: 7L-USA-04-0207 Attachment 1 - Contract Terms, Conditions arid Proceduresif A. General Contract Terms and Conditions A.1 Inspection and Acceptance. Inspection and acceptance wilt be at destination, unless otherwise provided. Until delivery and acceptance. and after any rejection, risk of loss will be on the Contractor unless loss results from negligence of the Government. A2 Invoice Requirements. After services are rendered, the Contractor shall prepare an invoice and submit it to the individual identified in Block 15 of this Contract (page 1 of Form OBD-47). To constitute a proper invoice, the invoice must contain the following information: (i) The name and Taxpayer Identification Number (TIN) of the business entity or individual (If an individual has no TIN, the Social Security Number may be used); (iI) The date of the Invoice; (iii) A description, Itemization, and price for all sivices rendered and miscellaneous expenses incurred; (iv) The date or the period of time over which the services were rendered; and The name, telephone number, and complete mailing address of the responsible official to whom payment Is sent. The invoice must also be accompanied by any travel receipts or receipts for miscellaneous expenses to substantiate the invoice amount. The Govemment case attorney will certify on the invoice that the services were received and the date the services were accepted. The Government case attorney will then forward the approved invoice and Form OBD-47 to the appropriate person within the litigating office for further processing. A.3 Payment by Electronic Funds Transfer. The Government reserves the right to make payments to the Contractor via Electronic Funds Transfer (EFT) In accordance with FAR clause 52.232-34, Incorporated by reference into this Contract. If payment Is to be made via EFT. the Contractor shall prepare Part II of Form 060-47A. The form shall be completed by the Contractor and submitted to the address shown in Block 15 of this Contract (page 1 of Form 0B0-47). A.4 Interest on Overdue Payments. (I) The Prompt Payment Act, Public Law 99-177 (96 Stat 85, 31 U.S.C. 1801, as amended) is applicable to payments under this Contract and requires the payment of interest on overdue payments and Improperly taken discounts; (II) Determination of interest due will be made in accordance with the Provisions of the Prompt Payment Act. n.5 Payment Inquiries. All follow-up invoices shall be marked 'Duplicate of Original? Contractor snorts r rding payment information or check Identification should be directed to the Department of Justice Vendor Assistance Hotline A6 Use of Taxpayer Identification Number. In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104-134. it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collecting and reporting on any delinquent amounts arising out of your relationship with the Government. A/ Contractor's Proposal. The Contractor' proposal to furnish the services under this Contract is hereby incorporated by reference Into this Contract. In the event of any Inconsistency between the Contractor's proposal and this Contract, this Contract shall be considered a superseding document. B. Federal Acquisition Regulation Clauses Incorporated by Reference This Contract incorporates the following Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if the clauses were given In full text. Upon request, the litigating component's administrative or procurement office will make the full text available. Also, the full text may be accessed electronically at the following Internet address: htto://vernv.arnetoovilart. The effective date of each FAR clause listed below is that which Is current at the time this Contract is executed by both parties. B.1 The fel owing FAR clauses apply to all contracts (the FAR clause number is in the left column and clause title in the right) 52.225-13 Restdctions on Certain Foreign Purchases 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts 52.232-25 Prompt Payment 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration 52.233-4 Applicable Law for Breach of Contract 52.243-3 Changes - Time-and-Materials or Labor-Hours 52.246-6 Inspection - Time-and-Material or Labor-Hour 52.249-6 Termination (Cost Reimbursement), Alternate IV 8.2 The fol owing FAR clause is added to the clauses In Block 18.a for those contracts valued at $100,000 or less 52.213-4 Terms and Conditions - Simplified Acquisitions (other than Commercial Items) 13.3 The fol owing FAR clauses are added to the clauses In Blocks 8.1 and B.2 for those contracts valued at more than $100,000 52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government Previous Editions are Obsolete Form OBD-47 (CLAUSES) (Revised 3-2005) Page 1 of 3 EFTA00187127 U.S. Department of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral I !ontract/Purchase Order Number: 7L-USA-04-0207 52.203-7 And-Kickback Procedures 52.203-8 Cancellation, Recision. and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Limitations on Payments to Influence Certain Federal Transactions 52.204-4 Printing/Copying Double-Sided on Recycled Paper 52.209-6 Protecting the Government's Interest when Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment 52.215-2 Audit and Records—Negotiation 52.219-8 Utilization of Small Business Concerns 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Affirmative Action for Disabled and Veterans of the Vietnam Era 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans 52.223-6 Drug-Free Workplace 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.232-8 Discounts for Prompt Payment 52.232-17 Interest 52.232-23 Assignment of Claims 52.233-1 Disputes 52.233-3 Protest After Award 52.237-2 Protection of Government Buildings, Equipment, and Vegitation 52.242-13 Bankruptcy 52.244-2 Subcontracts 52.244-5 Competition in Subcontracting 52.247-63 Preference for U.S. Flag Air Carriers C. Other Full Text Clauses This Contract incorporates one of the following two clauses (C.1 or C.2) depending upon whether the Contract is FULLY FUNDED or INCREMENTALLY FUNDED, as specified in Part II, Block 18 of this Contract (Form OBD-47). This contract also incorporates Clause C.3 which describes required Contractor residency requirements. C.1 Limitation of Cost NOTE: This clause applies to FULLY FUNDED contracts. (1) The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified elsewhere in this Contract. The Contractor agrees to use Its best efforts to perform the work within the estimated cost specified in the Contract. (2) The Contractor shall notify the Contracting Officer whenever it has reason to believe that — (1) the costs the Contractor expects to incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost specified in the Contract; or (2) the total cost for the performance of this Contract will be either greater or substantially less than had been previously estimated. (3) As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this Contract. (4) Except as required by other provisions of this Contract — (1) the Government is not obligated to reimburse the Contractor for costs incurred in excess of the estimated cost specified in the Contract or (2) the Contractor is not obligated to continue performance under this Contract or otherwise incur costs in excess of the estimated cost specified in the Contract, until the Contracting Officer (i) notifies the Contractor in writing that the estimated cost has been increased and (ii) provides a revised estimated total cost of performing this Contract. (5) The Government is not obligated to reimburse the Contractor for any costs In excess of the estimated cost to the Government specified in the Contract, whether those costs were incurred during the course of the Contract or as a result of termination. Previous Editions are Obsolete Form 080-47 (CLAUSES) (Revised 3.2005) Page 2 of 3 EFTA00187128 U.S. Uepartment of Justice Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral Contract/Purchase Order Number "‘ 7L-USA-04-0207 I (6) If the estimated cost specified in the Contract is increased, any costs the Contractor Incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice directing that the increase is solely to oover termination or other specified expenses. (7) If this Contract is terminated or the estimated cost is not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each. C.2 Limitation of Funds NOTE: This clause applies to INCREMENTALLY FUNDED contracts. (1) The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified on Page 2, Part II of this Contract (Form OBD-47) hereof. The Contractor agrees to use its best efforts to perform the work specified In the Contract. (2) Page 2 of the Contract (Form 080-47) specifies the amount presently available for payment by the Govemment and allotted to this Contract and the period of performance it Is estimated the allotted amount will cover. The parties contemplate that the Government win allot additional funds incrementally to the Contract up to the full estimated cost to the Government specified in the Contract. The Contractor agrees to perform, or have performed, work on the Contract up to the point at which the total amount paid and payable by the Government under the Contract approximates but does not exceed the total amount actually allotted by the Govemment to the Contract. (3) The Contractor shall notify the Contracting Officer whenever it has reason to believe that the costs it expects to Incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Contract by the Government. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Contract. (4) Thirty (30) days before the end of the period specified on Page 2 of this Contract (Form OBD-47) , the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the Contract or for any further period specified in the Contract and when the funds will be required. (5) If, after notification, additional funds are not allotted by the end of the period specified on Page 2 of this Contract or another agreed-upon date, upon the Contractor's written request, the Contracting Officer will terminate this Contract on that date in accordance with the provisions of the Termination clause of this Contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this Contract on that later date. (6) Except as required by other provisions of this Contract - (1) the Government is not obligated to reimburse the Contractor for costs Incurred in excess of the total amount allotted by the Government to this Contract; and (2) the Contractor is not obligated to continue performance under this Contract (including actions under the Termination clause of this Contract) or otherwise incur costs in excess of the amount then allotted to the Contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this Contract. The estimated cost shall be increased to the extent that the amount allotted by the Government exceeds the estimated cost specified in the Contract. (8) Nothing in this clause shall affect the right of the Government to terminate this Contract. If this Contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each. (9) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified In the Contract equaling the percentage of completion of the work contemplated by Nis Contract. C.3 Contractor Employee Residency Requirement All contractor employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas. This requirement can b