IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS QUIMBA SOFTWARE, INC. Plaintiff, No C v. (Judge Mary Coster Williams THE UNITED STATES, Defendant. PLAINTIFF S RESPONSES TO GOVERNMENT S INTERROGATORIES INTERROGATORY NO. 1 Identify each person who provided information for or participated in the preparation of responses to these interrogatories, and for each person, identify the specific information for which he or she provided information and state whether he or she has personal knowledge of the information set forth in the response(s. Robert Dourandish provided all responses. He has personal knowledge of the information set forth in the response(s. INTERROGATORY NO. 2 How many contracts did plaintiff have with the Air Force Research Laboratory, Air Force Material Command, in 2004? (a (b Identify each contract by contract number; Identify whether each is a cost-type contract of a fixed-priced contract. Quimba had only one contract with the AFRL, AMC in That contract was the contract at issue in the Complaint (F C INTERROGATORY NO. 3 How many contracts did plaintiff have with other Federal agencies (aside from the Air Force Research Laboratory, Air Force Material Command, in (a Identify each contract by contract number;

1 Identify each person who provided information for or participated in the preparation of responses to these interrogatories, and for each person, identify the specific information for which he or

2 (b Identify whether each is a cost-type contract of a fixed-priced contract. Quimba had two other contracts in 2004 with agencies other than the Air Force Research Laboratory, Air Force Material Command: (1 A Firm Fixed Price Contract from the AF Material Command. Contract No: FA C (2 a Firm Fixed Price Contract from the Defense Advanced Research Projects Agency (DARPA. Contract No: DAAH01-03-C- R211. INTERROGATORY NO. 4 Indicate how many hours that Nina Zumel, Robert Dourandish, and Huang each spent in 2004 working on matters that related to plaintiff s performance of its duties under the CPFF contract? This information was supplied to the defendant, in particular the Defense Contract Audit Agency (DCAA as part of their audit of Quimba s FY 2004, and, therefore, is equally available from the DCAA. Further, this information was reflected in the auditor s Final Audit Report Number A , dated July 20, INTERROGATORY NO. 4 (Number Repeated in the Original Request Indicate how many hours that Robert Dourandish, Nina Zumel, and Brian Huang each spent in 2004 on matters that concern plaintiff s performance under each of the other contracts that plaintiff had with the Air Force. This information was supplied to the Defense Contract Audit Agency (DCAA as part of their audit of Quimba s FY 2004, and, therefore, is equally available from the DCAA. Further, this information was reflected in the auditor s Final Audit Report Number A , dated July 20, INTERROGATORY NO. 5 Indicate how many hours that Robert Dourandish, Nina Zumel, and Brian Huang each spent in 2004 on matters that concern plaintiff s performance under each and every contract that plaintiff had with other Federal entities (aside from the Air Force Laboratory Research, Air Force Material Command.

Contract No: FA8750-04-C-0194. (2 a Firm Fixed Price Contract from the Defense Advanced Research Projects Agency (DARPA. Contract No: DAAH01-03-C- R211. INTERROGATORY NO.

3 This information was supplied to the Defense Contract Audit Agency (DCAA as part of their audit of Quimba s FY 2004, and, therefore, is equally available from the DCAA. Further, this information was reflected in the auditor s Final Audit Report Number A , dated July 20, DEFENDANT S FIRST REQUESTS FOR PRODUCTION 1. All documents reflecting communications between plaintiff and defendant concerning the CPFF contract, including correspondence and s. Objection. This request is vague, too broad, and unduly burdensome. Without waiving this objection, Quimba responds that All documents, in the context of the CPFF contract, covers period of 2002 until present day, making this request vague, too broad, and reproducing eleven years of communication is overly burdensome. 2. All documents that plaintiff filed with the Internal Revenue Service, including W-2s, that reflect the costs that plaintiff incurred in Any documents that Quimba filed with the Internal Revenue Service relevant to this matter have been supplied to the defendant, in particular the Defense Corporation Audit Agency (DCAA as part of their 2007 audit of Quimba s FY 2004, and are equally available from the DCAA. Further, we note that the DCAA reflected all relevant information provided by Quimba to the IRS in the DCAA Final Audit Report Number A , dated July 20, 2007, also equally available from the Defense Contract Management Agency. 3. All W-2s that the plaintiff issued for Robert Dourandish, Nina Zumel, and Brian Huang with respect to compensation that these individuals earned in Any documents that Quimba filed with the Internal Revenue Service relevant to this matter have been supplied to the Defense Corporation Audit Agency (DCAA as part of their 2007 audit of Quimba s FY 2004, and are equally available from the DCAA. Further, we note that the DCAA reflected all relevant information provided by Quimba to the IRS in the DCAA Final Audit Report Number A , dated July 20, 2007, also equally available from the Defense Contract Management Agency.

All documents reflecting communications between plaintiff and defendant concerning the CPFF contract, including correspondence and emails. Objection.

4 4. All documents indicating the amount of hours that Robert Dourandish, Nina Zumel, and Brian Huang worked in 2004, in connection with the CPFF contract. All Quimba employee documents relevant to this matter have been supplied to the defendant, in particular the DCAA, as part of their 2007 audit of Quimba s FY 2004 and are equally available from the DCAA. Further, we note that the DCAA reflected all relevant information in the DCAA Final Audit Report Number A , dated July 20, 2007, also equally available from the Defense Contract Management Agency. 5. All documents indicating the amount of hours that Robert Dourandish, Nina Zumel, and Brian Huang worked in 2004 in connection with all other contracts that plaintiff had with the Air Force Laboratory, Air Force Material Command. All Quimba employee documents relevant to this matter have been supplied to the defendant, in particular the DCAA, as part of their 2007 audit of Quimba s FY 2004 and are equally available from the DCAA. Further, we note that the DCAA reflected all relevant information in the DCAA Final Audit Report Number A , dated July 20, 2007, also equally available from the Defense Contract Management Agency. 6. All documents indicating the amount of hours that Robert Dourandish, Nina Zumel, and Brian Huang worked in 2004 in connection with all other contracts that plaintiff had with any other federal entity in All Quimba employee documents relevant to this matter have been supplied to the defendant, in particular the DCAA, as part of their 2007 audit of Quimba s FY 2004 and are equally available from the DCAA. Further, we note that the DCAA reflected all relevant information in the DCAA Final Audit Report Number A , dated July 20, 2007, also equally available from the Defense Contract Management Agency. 7. All documents reflecting payments that the defendant made to plaintiff in connection with the CPFF contract, including vouchers. All documents reflecting payments made by the defendant to the plaintiff are within the possession of the defendant, in particular from the Defense Finance and Accounting Service (DFAS, and DCAA.

DCAA. Further, we note that the DCAA reflected all relevant information in the DCAA Final Audit Report Number 3121-2004A10100003, dated July 20, 2007, also equally available from the Defense Contract

5 8. All invoices the plaintiff submitted to the defendant in connection with the CPFF contract. Quimba never submitted any invoices in connection with the CPFF contract. Quimba was only permitted to submit vouchers not invoices for payment. All Quimba s vouchers are equally available from the DCAA. Further, we note that the DCAA reflected all relevant payment information in the DCAA Final Audit Report Number A , dated July 20, All documents that plaintiff submitted to DCAA in connection with audits performed by DCAA of plaintiff s proposed costs under the CPFF contract, including incurred cost submission and indirect rate submissions. As the language of the request clearly implies, all documents requested have already been provided to the defendant, in particular the DCAA, as part of its 2007 audit of Quimba s FY Furthermore, the DCAA auditor had examined all relevant documents to this matter and reflected all relevant information in the DCAA Final Audit Report Number A , dated July 20, 2007, equally available from the Defense Contract Management Agency. 10. All documents reflecting communication between plaintiff and TechBizSolutions concerning costs that the plaintiff either proposed and/or incurred in connection with the CPFF contract. Objection: This request is vague, too broad and therefore unduly burdensome. Without waiving this objection, Quimba responds that All documents, in the context of the CPFF contract, covers the period of 2002 until present day, making this request vague, too broad, and producing eleven years worth of communication is overly burdensome. 11. All documents on which you intend to rely on at trial. The plaintiff has not yet decided which documents it intends to rely upon at trial. At a minimum these will include any and all documents referenced above and previously produced by the plaintiff to the defendant in connection with its incurred cost proposal and the 2007 DCAA audit of Quimba for The Court has set a schedule by which the parties must provide a

Further, we note that the DCAA reflected all relevant payment information in the DCAA Final Audit Report Number 3121-2004A10100003, dated July 20, 2007. 9.

6 complete list of documents that each intends to rely upon at trial. That list and copies of any such documents not previously requested and produced will be provided according to that schedule. Respectfully submitted, s/ William T. Welch McMAHON, WELCH AND LEARNED 2100 Reston Parkway, Suite 325 Reston, VA ( ( (fax Attorney for Plaintiff Dated: October 14, 2013

according to that schedule. Respectfully submitted, s/ William T.

7 I attest that the answers above provided by me above are true, accurate, and complete. Robert Dourandish Date: October 14, 2013

DCAA Our Role. Laura Cloyd-Hall, CPA, MBA John D. Mollohan II, CPA, CFE. Page 1. DCAA 1965-2015: Celebrating 50 Years of Excellence

DCAA Our Role. Laura Cloyd-Hall, CPA, MBA John D. Mollohan II, CPA, CFE. Page 1. DCAA 1965-2015: Celebrating 50 Years of Excellence DCAA Our Role Laura Cloyd-Hall, CPA, MBA John D. Mollohan II, CPA, CFE DCAA 1965-2015: Celebrating 50 Years of Excellence Page 1 Topics About DCAA Typical DCAA Audits for Small Businesses Basic Roles of