1019-00003
· Whitmore Aerospace LLC · Decision and Corrective Action
certified-cost-claim-supporting-docs.xlsx
DOCUMENT
Finance & Banking
[sheet: Attorneys Fees Summary]
| Timekeeper Name | Role | Practice Group | Billing Category | Hourly Rate | Total Hours Billed | Gross Fees | Non-Compensable Time Adjustment — Hours | Non-Compensable Time Adjustment — Amount | Rounding Correction | Net Fees Claimed | Notes |
| Claudia Merritt | Responsible Partner | Banking & Finance | Partner | $695.00 | — | — | — | — | — | — | Hours included in Partner subtotal with Ian Blackwood |
| Ian Blackwood | Billing Partner | Banking & Finance | Partner | $695.00 | — | — | — | — | — | — | Hours included in Partner subtotal with Claudia Merritt |
| PARTNER SUBTOTAL | Partner | $695.00 | 142.5 | $99,037.50 | 0.0 | $0.00 | $0.00 | $99,037.50 | Combined hours for Merritt and Blackwood | ||
| Lt. Col. (Ret.) Nathan Yardley | Of Counsel | Government Contracts | Of Counsel | $475.00 | 187.0 | $88,825.00 | 0.0 | $0.00 | $0.00 | $88,825.00 | Subject matter lead on protest grounds |
| OF COUNSEL SUBTOTAL | Of Counsel | $475.00 | 187.0 | $88,825.00 | 0.0 | $0.00 | $0.00 | $88,825.00 | |||
| Megan Zhao | Senior Associate | Litigation | Senior Associate | $385.00 | 148.5 | $57,172.50 | 0.0 | $0.00 | $0.00 | $57,172.50 | Hearing preparation and brief drafting |
| SENIOR ASSOCIATE SUBTOTAL | Senior Associate | $385.00 | 148.5 | $57,172.50 | 0.0 | $0.00 | $0.00 | $57,172.50 | |||
| Alan Burke | Lead Associate | Privacy & Data Security | Associate | $315.00 | — | — | — | — | — | — | ITAR/EAR compliance overlay; hours included in Associate subtotal with Sara Hendricks |
| Sara Hendricks | Working Associate | Privacy & Data Security | Associate | $315.00 | — | — | — | — | — | — | Research and document review; hours included in Associate subtotal with Alan Burke |
| ASSOCIATE SUBTOTAL | Associate | $315.00 | 324.5 | $102,217.50 | 0.1 | -$31.50 | See note | $102,186.00 | 0.1 hrs non-compensable administrative time removed ($31.50); additional rounding corrections across timekeepers applied at grand total level | ||
| GRAND TOTAL | All | 802.5 | $347,252.50 | 0.1 | -$31.50 | -$4.50 | $347,216.50 | Final claimed amount after removal of non-compensable administrative time and rounding corrections across multiple timekeepers |
[sheet: Timekeeper Detail]
| Timekeeper Name | Billing Category | Hourly Rate | Sep-2023 Hours | Oct-2023 Hours | Nov-2023 Hours | Dec-2023 Hours | Jan-2024 Hours | Feb-2024 Hours | Total Hours | Total Fees |
| Claudia Merritt | Partner | $695.00 | 12.0 | 14.5 | 18.0 | 10.5 | 16.0 | 6.5 | 77.5 | $53,862.50 |
| Ian Blackwood | Partner | $695.00 | 4.0 | 8.0 | 15.0 | 12.0 | 14.0 | 12.0 | 65.0 | $45,175.00 |
| Partner Subtotal | Partner | $695.00 | 16.0 | 22.5 | 33.0 | 22.5 | 30.0 | 18.5 | 142.5 | $99,037.50 |
| Lt. Col. (Ret.) Nathan Yardley | Of Counsel | $475.00 | 18.0 | 28.0 | 42.0 | 30.0 | 45.0 | 24.0 | 187.0 | $88,825.00 |
| Of Counsel Subtotal | Of Counsel | $475.00 | 18.0 | 28.0 | 42.0 | 30.0 | 45.0 | 24.0 | 187.0 | $88,825.00 |
| Megan Zhao | Senior Associate | $385.00 | 10.0 | 18.0 | 30.0 | 28.0 | 42.0 | 20.5 | 148.5 | $57,172.50 |
| Senior Associate Subtotal | Senior Associate | $385.00 | 10.0 | 18.0 | 30.0 | 28.0 | 42.0 | 20.5 | 148.5 | $57,172.50 |
| Alan Burke | Associate | $315.00 | 22.0 | 30.0 | 38.0 | 20.0 | 28.0 | 14.0 | 152.0 | $47,880.00 |
| Sara Hendricks | Associate | $315.00 | 25.0 | 32.0 | 40.0 | 24.0 | 30.0 | 21.5 | 172.5 | $54,337.50 |
| Associate Subtotal | Associate | $315.00 | 47.0 | 62.0 | 78.0 | 44.0 | 58.0 | 35.5 | 324.5 | $102,217.50 |
| GRAND TOTAL (Gross) | All | 91.0 | 130.5 | 183.0 | 124.5 | 175.0 | 98.5 | 802.5 | $347,252.50 |
[sheet: Expense Itemization]
| Line Item No. | Expense Category | Vendor / Payee | Description | Date Incurred | Amount | Supporting Documentation Reference |
| 1 | Expert Consultant | Ridgeline Consulting Group LLC | Expert consulting services — proposal analysis and preparation of expert declaration (Janet K. Overmeyer, Principal); review of Manufacturing Readiness evaluation methodology and preparation of declaration filed September 26, 2023 | Sep–Oct 2023 | $8,200.00 | Ridgeline Invoice No. RCG-2023-0419; Engagement Letter dated September 20, 2023 |
| 2 | Transcripts | Apex Court Reporting Services LLC | Hearing transcript — GAO telephonic hearing, January 4, 2024 (Ground 3 — OCI); testimony of D. Stokes, G. Holloway, Col. Prescott | January 8, 2024 | $4,312.00 | Apex Invoice No. ACR-24-00117 |
| 3 | Travel — Airfare | Calderwood & Harkness LLP | Round-trip airfare, Washington D.C. to Dayton, OH (Wright-Patterson AFB) for document inspection at AFLCMC Sensors Directorate — N. Yardley and M. Zhao | November 2023 | $1,842.00 | Firm travel expense reports; airline receipts |
| 4 | Travel — Hotel | Calderwood & Harkness LLP | Hotel accommodations (2 rooms, 1 night) — Dayton, OH area for document inspection | November 2023 | $387.22 | Firm travel expense reports; hotel folio |
| 5 | Travel — Ground Transportation & Per Diem | Calderwood & Harkness LLP | Ground transportation and per diem — Dayton, OH document inspection trip | November 2023 | $452.00 | Firm travel expense reports; receipts |
| 6 | Travel — Miscellaneous | Calderwood & Harkness LLP | Parking and incidentals — Dayton, OH document inspection trip | November 2023 | $1,200.00 | Firm travel expense reports |
| TRAVEL SUBTOTAL | $3,881.22 | Sum of travel line items (Items 3–6) | ||||
| 7 | Filing / Reproduction | Calderwood & Harkness LLP | Electronic filing fees, document reproduction, printing and binding of protest filings, comments, briefs, and supporting exhibits for GAO submission | Sep 2023–Feb 2024 | $1,650.00 | Firm disbursement ledger; vendor invoices |
| 8 | Courier / Overnight Delivery | Calderwood & Harkness LLP | Courier and overnight delivery services for filing of protest, declarations, comments, and correspondence with GAO, agency counsel, and intervenor's counsel | Sep 2023–Feb 2024 | $700.00 | Firm disbursement ledger; Severin Partners LLC/courier receipts |
| GRAND TOTAL — EXPENSES | $18,743.22 | $8,200.00 + $4,312.00 + $3,881.22 + $1,650.00 + $700.00 |
[sheet: Rate Documentation]
| Billing Category | Timekeeper(s) | Blended Hourly Rate | Engagement Letter Reference | Fee Cap Applicable | Notes |
| Partner | Claudia Merritt (Responsible Partner), Ian Blackwood (Billing Partner) | $695.00 | Engagement Letter dated September 26, 2023, Section III(A) | Yes — $425,000 voluntary cap (fees only) | Blended rate; both partners in Banking & Finance practice group |
| Of Counsel | Lt. Col. (Ret.) Nathan Yardley | $475.00 | Engagement Letter dated September 26, 2023, Section III(A) | Yes — $425,000 voluntary cap (fees only) | Government Contracts practice group; subject matter lead |
| Senior Associate | Megan Zhao | $385.00 | Engagement Letter dated September 26, 2023, Section III(A) | Yes — $425,000 voluntary cap (fees only) | Litigation practice group; hearing preparation and brief drafting |
| Associate | Alan Burke (Lead Associate), Sara Hendricks (Working Associate) | $315.00 | Engagement Letter dated September 26, 2023, Section III(A) | Yes — $425,000 voluntary cap (fees only) | Both in Privacy & Data Security practice group; ITAR/EAR compliance overlay and research/document review |
— FEE CAP ANALYSIS —
| Total Attorneys' Fees Claimed | $347,216.50 | Within voluntary fee cap of $425,000 |
| Voluntary Fee Cap | $425,000.00 | Per engagement letter; applies to fees only (not expenses) |
| Remaining Under Cap | $77,783.50 | $425,000.00 − $347,216.50 = $77,783.50 |
[sheet: Claim Summary]
| Claim Component | Amount | Detail Sheet Reference | Notes |
| Attorneys' Fees — Partners (Merritt, Blackwood): 142.5 hrs × $695/hr | $99,037.50 | Attorneys Fees Summary; Timekeeper Detail | |
| Attorneys' Fees — Of Counsel (Yardley): 187.0 hrs × $475/hr | $88,825.00 | Attorneys Fees Summary; Timekeeper Detail | |
| Attorneys' Fees — Senior Associate (Zhao): 148.5 hrs × $385/hr | $57,172.50 | Attorneys Fees Summary; Timekeeper Detail | |
| Attorneys' Fees — Associates (Burke, Hendricks): 324.5 hrs × $315/hr, adjusted | $102,186.00 | Attorneys Fees Summary; Timekeeper Detail | Adjusted from $102,217.50 after removal of 0.1 hrs non-compensable administrative time ($31.50) |
| Rounding Corrections Across Multiple Timekeepers | -$4.50 | Attorneys Fees Summary | Adjustments for 0.015-hour rounding corrections across timekeepers |
| SUBTOTAL — ATTORNEYS' FEES | $347,216.50 | Attorneys Fees Summary | $99,037.50 + $88,825.00 + $57,172.50 + $102,186.00 − $4.50 = $347,216.50 |
| Expert Consultant (Ridgeline Consulting Group LLC) | $8,200.00 | Expense Itemization | Janet K. Overmeyer — Manufacturing Readiness analysis and declaration |
| Hearing / Deposition Transcript Costs | $4,312.00 | Expense Itemization | GAO hearing January 4, 2024 (Ground 3 — OCI) |
| Travel (Washington D.C. to Dayton, OH — document inspection) | $3,881.22 | Expense Itemization | Airfare, hotel, ground transportation, incidentals |
| Electronic Filing / Reproduction | $1,650.00 | Expense Itemization | Filing fees, printing, binding |
| Courier / Overnight Delivery | $700.00 | Expense Itemization | GAO, agency, and intervenor counsel correspondence |
| SUBTOTAL — PROTEST COSTS | $18,743.22 | Expense Itemization | $8,200.00 + $4,312.00 + $3,881.22 + $1,650.00 + $700.00 |
| TOTAL PROTEST COST CLAIM | $365,959.72 | All | $347,216.50 + $18,743.22 |
— CLAIM METADATA —
| GAO Case No. | B-422187; B-422187.2 | |
| Protester | Whitmore Aerospace LLC | EIN: 54-3298176; SAM.gov UEI: JK7RMVB4DL83 |
| Solicitation No. | FA8222-23-R-0087 | NAICS 336413; PSC 1270 |
| Contract No. (Awarded to Halcyon) | FA8222-23-D-0193 | IDIQ, $387.5M ceiling, 5-year ordering period |
| Awardee / Intervenor | Halcyon Defense Systems Inc. | Represented by Kessler, Pratt & Dunaway LLP |
| Contracting Officer | Col. Diane W. Prescott, USAF | AFLCMC, Sensors Directorate, Wright-Patterson AFB, OH 45433 |
| GAO Decision Date | January 29, 2024 | Sustained on Grounds 1 and 2; denied Ground 3; Ground 4 not reached |
| GAO Decision Author | Kenneth R. Woodley | Managing Associate General Counsel |
| Protest Counsel | Calderwood & Harkness LLP | Engagement No. 1019-00003; 1750 K Street NW, Suite 1100, Washington, D.C. 20006 |
| Claim Submission Date | February 7, 2024 | Certified by Donald R. Stokes, VP Government Contracts, Whitmore Aerospace LLC |
| Corrective Action Determination Date | February 14, 2024 | Issued by Col. Prescott; matter closed |