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EOC. The contractor shall identify, control, and
document any hazards and control procedures associated
with the process and include this documentation in the
final report. Any design, modeling, and hardware
resulting from this effort shall become government
property.
Pursuant to the 1992 contract, TGC, inter alia, designed and
constructed a computer simulator (computer simulator) that
consisted of a large calibrated star display, various computers,
a precision spin and positioning platform for seeker hardware,
assorted electronic devices, and special software developed for
controlling that equipment. After TGC completed the testing and
analysis required by the 1992 contract, TGC was to transfer the
computer simulator and associated software to a United States
government facility in Florida for further testing.
On May 14, 1996, TGC entered into contract DASG60-96-C-0042
(1996 contract) with SDC. Pursuant to the 1996 contract, TGC was
to use the computer simulator, when completed, to study various
technical matters related to strategic intercept with low-cost
precision intercept devices. Pursuant to that contract, SDC was
to pay TGC a total of $8,169,616.
On or about December 17, 1996, TGC completed the design,
construction, and testing of the computer simulator. The com-
puter simulator was not transferred at that time or any other
time to the United States government facility in Florida.
On November 6, 1997, petitioner Christel Horwath (Ms.
Horwath) executed on behalf of TGC a document entitled “Contrac-
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