Contract analysis

I. INTRODUCTION AND BASIS FOR CLAIM The law firm of Calderwood & Harkness LLP hereby submits this certified claim on behalf of its client, Whitmore Aerospace LLC ("Whitmore" or "WAL"), a Virginia limited liability company headquartered at 2400 Dominion Ridge Parkway, Suite 800, Herndon, Virginia 20171. This claim seeks reimbursement of protest costs, including reasonable attorneys' fees, incurred by Whitmore in conne

II. SUMMARY OF GAO PROCEEDINGS To place this cost claim in its proper context and to demonstrate the reasonableness of the fees and costs incurred, Whitmore provides the following summary of the GAO protest proceedings in B-422187; B-422187.2. A. Filing and Timeliness Whitmore filed its protest at the GAO on September 26, 2023, four calendar days after the enhanced written debriefing conducted on September 22, 2023,

1. The Air Force should reevaluate proposals under Evaluation Factors 1 (Technical/Management Approach, including all subfactors) and 3 (Past Performance) in accordance with the solicitation criteria and applicable regulations.

2. Following reevaluation, the Air Force should conduct a new best-value tradeoff analysis with fully documented rationale that identifies specific technical benefits and discriminators justifying any price premium, in compliance with FAR § 15.308.

3. If, following the reevaluation and new tradeoff analysis, Whitmore's proposal is selected for award, the Air Force should terminate Halcyon's contract, Contract No. FA8222-23-D-0193, for the convenience of the Government and make award to Whitmore.

4. The Air Force should reimburse Whitmore its costs of filing and pursuing the protest, including reasonable attorneys' fees. 4 C.F.R. § 21.8(d)(1).

5. The Air Force should complete the corrective action within sixty (60) days of the date of the GAO's decision, i.e., no later than March 29, 2024. E. Key Procedural Milestones Relevant to Cost Claim The following procedural milestones are relevant to an understanding of the work performed by Whitmore's counsel and the reasonableness of the fees and costs claimed: • October 12, 2023: Protective Order issued by the G

III. PROTESTER'S COUNSEL AND ENGAGEMENT TERMS Whitmore retained Calderwood & Harkness LLP to represent it in connection with the GAO protest at issue in this claim. The engagement was opened under Calderwood & Harkness engagement number 1019-00003. The engagement was formalized by an engagement letter dated September 26, 2023, a copy of which is attached hereto as Exhibit A. The responsible partner for the engagement

IV. TOTAL CLAIM AMOUNT The total amount of this certified claim for reimbursement of protest costs is as follows: Each category is detailed in Sections V and VI below, with full supporting documentation provided in the accompanying exhibits.

V. ATTORNEYS' FEES — DETAILED BREAKDOWN A. Summary by Timekeeper Category The following table provides a summary of the attorneys' fees incurred, organized by timekeeper category: Adjustments are set forth in Section V.B below, resulting in a final total of $347,216.50. B. Adjustments In preparing this claim, Whitmore's counsel conducted a thorough review of all time entries to identify and remove any non-compensable

1. Removal of Non-Compensable Administrative Time. A total of 0.1 hours of non-compensable administrative time at the associate level has been identified and removed. This entry reflected time spent by an associate on internal filing and docketing tasks that are properly classified as clerical rather than legal work. The reduction is calculated as 0.1 hours × $315.00/hour = $31.50 removed.

2. Adjusted Associate Subtotal. After removal of the 0.1 hours of administrative time, the associate subtotal is adjusted from $102,217.50 to $102,186.00.

3. Rounding Corrections. A further adjustment of $4.50 has been applied to account for cumulative rounding corrections of 0.015 hours across multiple timekeepers. These rounding discrepancies arose from the conversion of the firm's six-minute billing increment entries to decimal format for purposes of this submission. The net effect of these rounding corrections, applied pro rata across timekeeper categories, results

4. Final Recalculated Total. The recalculated subtotals are as follows: • Partners: $99,037.50 • Of Counsel: $88,825.00 • Senior Associate: $57,172.50 • Associates (adjusted): $102,186.00 • Subtotal: $347,221.00 • Less rounding corrections: ($4.50) • Final Attorneys' Fees Total: $347,216.50 C. Reasonableness of Hours The total hours expended across all timekeepers are 802.5 hours (pre-adjustment). Whitmore submits th

VI. PROTEST-RELATED COSTS — DETAILED BREAKDOWN In addition to attorneys' fees, Whitmore incurred the following protest-related costs directly attributable to the prosecution of the protest in B-422187; B-422187.2: All costs set forth above are directly and exclusively attributable to the prosecution of the protest in B-422187; B-422187.2. No costs related to other matters, other clients, or the underlying procurement

VII. SUPPORTING DOCUMENTATION INDEX The following exhibits are attached to and incorporated by reference in this claim submission: All exhibits are submitted as true and correct copies. The time records in Exhibit C have been reviewed for completeness and accuracy, and all non-compensable entries have been removed prior to submission.

VIII. CERTIFICATION The undersigned, Donald R. Stokes, Vice President, Government Contracts, Whitmore Aerospace LLC, hereby certifies as follows in connection with the claim for reimbursement of protest costs set forth in this submission:

1. I am the Vice President of Government Contracts for Whitmore Aerospace LLC, a Virginia limited liability company, and I am duly authorized to submit this claim on behalf of Whitmore Aerospace LLC. My authorization to act in this capacity has been confirmed by the Chief Executive Officer of Whitmore Aerospace LLC, Marcus J. Whitmore.

2. This claim is made in good faith. The amounts set forth herein represent actual costs and attorneys' fees incurred by Whitmore Aerospace LLC in connection with the prosecution of its bid protest before the U.S. Government Accountability Office in the matter of Whitmore Aerospace LLC, B-422187; B-422187.2.

3. The supporting data provided with this claim, including all exhibits, time records, invoices, receipts, and other documentation, are accurate and complete to the best of my knowledge and belief. I have reviewed the supporting data and have made reasonable inquiry to verify its accuracy.

4. The total amount requested in this claim, $365,959.72, accurately reflects the costs and attorneys' fees incurred by Whitmore Aerospace LLC in connection with the protest. This amount has not been inflated, and no duplicative, administrative, or non-compensable charges have been knowingly included.

5. This certification is made under penalty of perjury pursuant to 28 U.S.C. § 1746. I declare under penalty of perjury that the foregoing is true and correct. WHITMORE AEROSPACE LLC By: ________ Name: Donald R. Stokes Title: Vice President, Government Contracts Address: 2400 Dominion Ridge Parkway, Suite 800 Herndon, Virginia 20171 Date: February 7, 2024

IX. REQUEST FOR ACTION Based on the foregoing, Whitmore Aerospace LLC respectfully requests that the Contracting Officer process and pay this certified claim in the amount of $365,959.72 in accordance with the GAO's recommendation in Whitmore Aerospace LLC, B-422187; B-422187.2, dated January 29, 2024. This amount is comprised of $347,216.50 in reasonable attorneys' fees and $18,743.22 in protest-related costs, each

X. CLOSING We appreciate the Contracting Officer's attention to this matter and look forward to the prompt resolution of this claim. Should you have any questions or require additional information, please do not hesitate to contact the undersigned at (202) 555-8412 or cmerritt@calderwoodharkness.com. Respectfully submitted on behalf of Whitmore Aerospace LLC CALDERWOOD & HARKNESS LLP By: ________ Claudia Merritt Part