STATE OF FLORIDAg, Ep AGENCY CLERK DEPARTMENT OF EDUCATION qo HAY -U ASU eo - LOCKHEED MARTIN CORPORATION, cpt OF EDUC! ntt08 oh, 29 LAHASSEE FLAT Petitioner, TAL = v. DOE Case No. 2003-996 o DOAH Case No. 04-0712 BID, . ¥ DEPARTMENT OF EDUCATION, wine hen, Respondent, and COGENT SYSTEMS, INC., intervenor. / FINAL ORDER On or about March 29, 2004, Lockheed Martin Corporation (Lockheed Martin), Cogent Systems, Inc. (Cogent), the Department of Education (Department), and Integrated Biometric Technology, LLC (IBT, a third-party vendor), entered into a Memorandum of Understanding (MOU) in compromise of disputed claims raised in the “Formal Written (Bid) Protest and Petition for Formal Administrative Hearing,” Division of Administrative Hearings Case Number 04-0712 BID (petition). On or about March 29, 2004, Lockheed Martin, Cogent and the Department executed and filed a Joint Motion for Remand in DOAH Case Number 04-0712 BID. Through the motion, the parties advised the Honorable Jeff B. Clark, Administrative Law Judge, that they had reached an agreement and compromise of the issues raised in the petition. Further, the parties stipulated and requested that Judge Clark remand of the case to the Department for entry of this Final Order Final Order Lockheed Martin v. FDOE and Cogent Page 2 of 4 dismissing the proceeding in accordance with the agreement of the parties. On or about March 30, 2004, Judge Clark entered an Order Closing File, granting the Joint Motion for Remand and cancelling the final hearing scheduled for March 30, 2004. Disposition Based on the foregoing, IT IS ORDERED AND ADJUDGED THAT: 1. Lockheed Martin’s petition in DOAH Case Number 04-0712 BID is dismissed with prejudice. Each party, including IBT, shall bear its own costs and attorney’s fees. The Department shall award the RFP (AFAPS contract) to Cogent. Lockheed Martin and IBT, and Lockheed Martin on behalf of all other subcontractors, shall execute a full and complete release of any and all claims against the Department under Department Contract Number 02-045 (the current contract), including, but not limited to, any claim for an equitable adjustment in fees on grounds set forth in correspondence from Lockheed Martin to the Department dated November 13, 2003. The Procurement Protest Bond, Bond Number 104278724, filed with the Department in accordance with Section 287.042(2)(c), Florida Statutes, by Lockheed Martin in the amount of $93,750.00 is hereby released. nm , DONE AND ORDERED, this 4 day of M My , 2004, in Tallahassee, Leon County, Florida. COPIES FURNISHED TO: Mary Piccard Vance Bradley S. Copenhaver Vezina, Lawrence & Piscitelli, P.A. 318 North Calhoun Street Tallahassee, Florida 32301 Paul J. Martin Assistant Attorney General Department of Legal Affairs PL-01 The Capitol Tallahassee, Florida 32399 Daniel Woodring, General Counsel Department of Education Suite 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 David Ashburn, Chief Bureau of Educator Standards Suite 224 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Florida Administrative Weekly Final Order Lockheed Martin y. FDOE and Cogent Page 3 of 4 Steven C. Emmanuel Richard E. Doran Martin B. Sipple Ausley & McMullen P.O. Box 391 Tallahassee, Florida 32302 Clerk Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Jeff B. Clark, Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 Karen Chandler Deputy Chief Financial Officer Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0301 NOTICE OF RIGHTS Pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110(b) and (c), Petitioner and Intervenor are advised that within 30 days of the date of this Final Order either may seek judicial review by filing a Notice of Appeal with the Agency Clerk, Department of Education, Suite 1514 Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400, and by filing a second copy of the Notice of Appeal with the appropriate filing fee with the Clerk of the District Court of Appeal, First District, 300 Martin L. King, Jr., Boulevard, Tallahassee, Florida 32399-1850, or with the Clerk of the District Court wherein the party resides. Final Order Lockheed Martin v. FDOE and Cogent Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail to: Mary Piccard Vance Steven C. Emmanuel Bradley S. Copenhaver Richard E. Doran Vezina, Lawrence & Piscitelli, P.A. Martin B. Sipple 318 North Calhoun Street Ausley & McMullen Tallahassee, Florida 32301 P.O. Box 391 Tallahassee, Florida 32302 Paul J. Martin Assistant Attorney General Department of Legal Affairs PL-01 The Capitol Tallahassee, Florida 32399 this 4H aay of May. , 2004. AgencyClerk

Docket for Case No: 04-000712BID