Interpleader exhibits and DD-250 acceptance record; filed in HII Mission Technologies Corp. v. Cyberlux Corporation et al., No. 25-00483 (E.D. Va.), ECF No. 178-1
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
observationobservation
Commission percentage, quantity basis and receipt condition
Read the anchor · page 11
services, except that Cyberlux can enter in any agreements necessary should Fairwinds not be in a
position to offer mutually agreed prime or reseller services. Should this occur, Fairwinds is
entitled to 8% of the Contract value for up to a total cumulative number of 1000 drone units, as
defined in the amended Exhibit A – Statement of Work.”
1.3) Exhibit A of the Existing Agreement, which specifies the payment to Fairwinds if the
drones were sold through a party other than Fairwinds, is amended by deleting “10%”
and inserting in its place “8%”. Also, replacing in the same sentence the words “1000
variants” with “a total of 1000 units from the total cumulative awarded units.”
2) Continuation of Existing Agreement. Except for the amendments made in this Amendment
Agreement, every aspect of the Existing Agreement remains unchanged and in full effect.
3) Merger. This Amendment Agreement constitutes the final, complete, and exclusive agreement
between the parties on the matters contained in this Amendment Agreement. All earlier and
contemporaneous negotiations and agreements between the parties on the matter contained in this
Amendment Agreement are expressly merged into and superseded by this Amendment
Agreement.
4) Governing Law. The laws of the state of Delaware (without giving effect to its conflicts of law
principles) govern all matters arising under and relating to this Amendment Agreement, including
torts.
5) Counterparts. The parties may execute this Amendment Agreement in one or more counterparts,
each of which is an original, and all of which constitute only one agreement between the parties.
To evidence the parties’ agreement to this Amendment Agreement, they have signed, executed, and
delivered it as shown below.
Fairwinds Technologies LLC
Signature:
_________________ By:
Amber Hutchinson
Title: IDIQ Director
Date: 6/6/2023
Cyberlux Corporation
FAIRWINDS-0002
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 11 of 135 PageID#
3626
[Image verification annotation: Hutchinson signature and6June2023 date visible.]
observationobservation
Original acceptance versus closeout CQA fields
Read the anchor · page 31
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 2 20231111
241998
PNWA9432056002AXX
20231110 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 24 EA $40500.00 972,000
2
Flighteye Model K8-2 Drone System 48 EA $36900.00 1,771,200
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:00 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:10 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
FAIRWINDS-0029
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 31 of 135 PageID#
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[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed16November2023 by Collin Ramsey; destination unchecked.]
observationobservation
Seller certification attribution and accounting discrepancies
Thomas O. Wirth, Fairwinds General Counsel, declares on 15 April 2026 under penalty of perjury from personal knowledge, information and beli
Thomas O. Wirth, Fairwinds General Counsel, declares on 15 April 2026 under penalty of perjury from personal knowledge, information and belief that the attached agreements, July correspondence, spreadsheet and invoices support Fairwinds’ claimed commission. His signature and filing identify a claimant’s evidential submission, not an adjudication of entitlement.
Read the anchor · page 1
#111559141v1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
v.
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants
Civil Action No: 3:25-cv-483-JAG
DECLARATION OF THOMAS O. WIRTH
I, Thomas O. Wirth, make the following declaration under penalty of perjury pursuant to
28 U.S.C. § 1746.
1. I am the General Counsel of Fairwinds Technologies, LLC (“Fairwinds”). This
declaration is based on my personal knowledge, information, and belief.
2. On October 3, 2022, Fairwinds entered into a Teaming Agreement (“TA”) with
Cyberlux Corporation, a true and correct copy of which is attached as Exhibit 1 to this Declaration.
3. The U.S. government awarded HII Mission Technologies Corp. (“HII”) the prime
contract for the Model K8 Aircrafts (the “Drones”) referenced in the TA.
4. After the award of the prime contract, on June 7, 2023, Fairwinds entered into a
Strategic Business Development, Service and Supply Teaming contract (the “Contract”), whereby
Cyberlux agreed to pay Fairwinds a commission of eight percent (8%) of the purchase price of the
first 1000 Drones delivered to HII in exchange for the services Fairwinds provided, as described
in the Contract. A true and correct copy of the Contract is attached as Exhibit 2 to this Declaration.
5. On July 8, 2025, Cyberlux’s Chief Executive Officer, Mark Schmidt, sent
Fairwinds’ Chief Executive Officer an email attaching a spreadsheet setting forth the amount owed
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 1 of 135 PageID#
3616
claimallegation
The strategic business-development/service/supply agreement also bears a 4 May body date but both parties sign on 7 June 2023; effectiveness
The strategic business-development/service/supply agreement also bears a 4 May body date but both parties sign on 7 June 2023; effectiveness follows last signature. It is indefinite, terminable on 30 days’ notice, with compensation for substantially completed opportunities payable within 30 days after funds are received.
Read the anchor · page 13
1
STRATEGIC BUSINESS DEVELOPMENT, SERVICE AND SUPPLY
TEAMING AGREEMENT
Relating To
IDENTIFICATION AND QUALIFICATION OF BUSINESS
OPPORTUNITIES, SUPPORT OF BUSINESS DEVELOPMENT, AND
SOLUTIONS DELIVERY
Between
FAIRWINDS TECHNOLOGIES LLC
And
CYBERLUX CORPORATION
This Strategic Business Development, Service, and Supply Teaming Agreement, and all
attached appendices, hereinafter referred to as the (“Agreement”), dated May 4, 2023 is entered
into and made between Fairwinds Technologies LLC, a Delaware limited liability company
(“Fairwinds”), with an address of 920 Melvin Road, Annapolis MD 21403, and Cyberlux
Corporation, existing under the laws of Nevada (hereinafter referred to as “Cyberlux”), with
offices located at 800 Park Offices Drive, Suite 3209, Research Triangle, NC 27709. Both
Fairwinds and Cyberlux are hereinafter also referred to individually and collectively as “Party”, or
“Parties” respectively.
RECITALS
WHEREAS, Fairwinds is a US-based technology company that is actively engaged in military
sales around the world through a variety of relationships, including the DSCA, USASAC, DLA
COCOM’s, and embassies, and
WHEREAS, Cyberlux has a substantial product portfolio of drone technology, and wishes to grow
their portfolio and sales opportunities through military and private contracts, and
FAIRWINDS-0004
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 13 of 135 PageID#
3628
claimallegation
The strategic agreement provides best-efforts exclusivity and rights of first refusal, with government-directed alternative-prime exceptions
The strategic agreement provides best-efforts exclusivity and rights of first refusal, with government-directed alternative-prime exceptions and clearance dependencies. It does not give Fairwinds an unconditional monopoly over all Cyberlux sales. Fairwinds’ Datron/Agile limitations also contain ownership/merger qualifications.
Read the anchor · page 14
2
WHEREAS, the Parties, have previously entered into a Teaming Agreement executed on
10/3/2022, that established the following business relationship:
1. Cyberlux has received an initial request from the Armed Forces of Ukraine for one
thousand (1000) Model K-8 Aircraft valued at a total of $38,704,000.00. Fairwinds has
agreed to assist in securing a US government contract vehicle for the shipment of these and
follow up drone requests.
2. In the event that the US Government or International Donation Coordination Center
requires direct contract, or orders via another prime contract vehicle where Fairwinds is
not acting as Reseller, then Cyberlux shall pay Fairwinds 8% of the contract value in lieu
of the resulting award, up to 1000 K-8 variants.
WHEREAS, the Parties wish to expand their relationship in an effort to secure new business
opportunities, new sales opportunities, improve upon their existing products and services, and
collaboratively develop new products and services, and
WHEREAS, the parties may evaluate forming a joint venture or other business structure to pursue
the design and development of the Next Generation Radio Technology and Products.
WHEREAS, the Parties intend to collaboratively pursue Drone Technology opportunities, current
Generation Communication Product opportunities, Next Generation Radio Design and Product
opportunities, and any other new business opportunities contemplated by the Parties, and
WHEREAS, the Parties intend to collaborate on a ‘Best Efforts, Exclusive, Right of First Refusal”
basis where each Party shall endeavor with best efforts to work exclusively with the other, where
opportunities are offered by each Party to jointly pursue, with each Party providing the other the
first opportunity to collaborate and pursue the specific opportunity, which can be refused by the
other party after evaluation by either for strategic fit, and
WHEREAS, Section 6.1 of the Teaming Agreement executed on 10/3/2022 between the Parties
sets forth an expiration upon notice by the US government of the final rejection of the proposal or
an award of the contract to a firm other than Fairwinds, and
WHEREAS, where the Parties now wish to enter into this Strategic Business Development,
Service, and Supply Teaming Agreement.
Now Therefore, the Parties acknowledge consideration in the form of the mutual covenants and
promises set forth herein, and agree to be governed under the following terms:
1. Term length of Agreement. This Agreement, including any and all appendices, shall be
effective upon the date of the signature of the last signing Party. Both Parties agree that the
goals of this Agreement include future opportunities that lack a specific end date at this
time. This Agreement shall therefore be in force until its valid termination as set forth
below.
FAIRWINDS-0005
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 14 of 135 PageID#
3629
claimallegation
Strategic section 3.3 provides Fairwinds an 8% consulting/business-support fee on the first 1,000 K8 variants sold when the government requi
Strategic section 3.3 provides Fairwinds an 8% consulting/business-support fee on the first 1,000 K8 variants sold when the government requires another prime or reseller; section 4.1 ties payment timing to funds received. A sale invoice alone does not establish that receipt condition.
Read the anchor · page 15
3
2. Terminating the Agreement. This agreement may be terminated by either Party at any
time for any reason by giving no less than thirty (30) days written notice to the other.
2.1 In the event of termination, all outstanding fees owed from one party to the other for
previously or substantially completed and delivered opportunities worked on under this
agreement shall be paid within thirty (30) days of the receipt of such payment from said
opportunity.
3. Responsibilities and Rights.
3.1 Under this agreement, both Parties shall seek to secure sales opportunities documented
by additional agreements for specific opportunities and orders.
3.2 .There are no exclusive agreements or arrangements except for the following:
3.2.1 Where Fairwinds is already a dealer or representative of items used in
Cyberlux drone products , Fairwinds has the exclusive right of first refusal
for supplying those items to Cyberlux. Fairwinds shall also have the
exclusive right of first refusal for supplying any DTC (Domo Tactical)
product, and Agile 5G radio card technology. Despite the previous sentence,
if Cyberlux and Agile enter into any agreement that results in any merger,
acquisition, shared ownership, or ownership exchange between the two
companies, then Fairwinds shall no longer have the exclusive right of first
refusal for supplying Agile 5G radio card technology to Cyberlux.
3.2.2 Cyberlux hasthe exclusive right of first refusal for supplying drone platform
types that are manufactured by Cyberlux to Fairwinds. If Cyberlux does not
currently manufacture or have the ability to manufacture a specific drone
platform type (Non-Cyberlux Drone) that is needed by Fairwinds, then
Cyberlux has the right of first refusal to supply the Non Cyberlux Drone to
Fairwinds at the same competitive pricing.
3.3 In accordance with section 5.1 of the Agreement and the existing Teaming
Agreement between the parties, if the US Government requires Cyberlux to
execute K-8 Drone sales through an entity other than Fairwinds, then Cyberlux
shall pay to Fairwinds a fee of 8% of the first 1000 K-8 variant Drones that are
sold as consideration for the consulting services and business support that has
been provided.
3.4 Further details on the responsibilities and roles of each party are contained in the
attached Appendix A
FAIRWINDS-0006
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 15 of 135 PageID#
3630
claimallegation
The agreement represents Fairwinds as a bona fide commercial selling agency under FAR 52.203-5, citing comparable compensation, adequate pro
The agreement represents Fairwinds as a bona fide commercial selling agency under FAR 52.203-5, citing comparable compensation, adequate product/customer knowledge, a continuing relationship, eight years in business and no improper influence. These are the parties’ contractual representations, not an independent finding of regulatory compliance or actual conduct.
Read the anchor · page 16
4
4. Compensation/Payment. Other than paragraph 4.1, all payment and compensation terms
are included either within the attached Appendix A, or within the individual agreements
drafted for future specific opportunities.
4.1 Invoicing and Payment Schedule. Except as otherwise agreed to in writing, any
amount owed by one Party to the other in relation to this agreement, or any subsequent
contract awards resulting from this Agreement, shall be paid within thirty (30) days of
receipt of funds.
5. Relationship of the Parties. The Parties shall act as independent contractors and the
employees of one shall not be deemed employees of the other. This agreement shall not
constitute or create a joint venture, partnership, or formal business organization of any
kind. Neither party shall impose or create any obligation or responsibility, express or
implied, or make any promises, representations, or warranties on behalf of the other party
other than as expressly provided herein.
5.1 Bona Fide Commercial Selling Agency. Pursuant to the Teaming Agreement
between the parties, executed 10/3/2022, Fairwinds continues to support Cyberlux as a
bona fide commercial selling agency in accordance with FAR 52.203-5. Fairwinds is
contracted by Cyberlux in accordance with federal law.
5.1.1 No fees paid to Fairwinds by Cyberlux are inequitable or exorbitant when
compared to the services performed. The fees are considered customary for similar
services related to commercial business.
5.1.2 Fairwinds has adequate knowledge of Cyberlux’ product and business, as well
as the other necessary qualifications to sell the products or services on their merits.
5.1.3 Cyberlux and Fairwinds have a continuing relationship and are involved in
projects other than the sale of the aforementioned original 1000 K-8 Drones.
5.1.4 Fairwinds is a regular and well-established business that has existed for 8
years doing business as a commercial selling agency, contractor, business
consultant, and government relations specialist.
5.1.2 Fairwinds agrees that, in the performance of the services contemplated by
the Agreement, it shall neither exert nor propose to exert improper influence, as the
term is defined in FAR 52.203-5.
5.1.3 The support and services provided by Fairwinds in Cyberlux’ contract
negotiations with US Government prime contractors or United States Contracting
Officers include but are not limited to:
a) Reviewing and providing input to contract drafts.
FAIRWINDS-0007
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 16 of 135 PageID#
3631
claimallegation
Services are framed with commercial FAR/DFARS terms and subject-matter expertise. Confidentiality extends for the term plus three years; the
Services are framed with commercial FAR/DFARS terms and subject-matter expertise. Confidentiality extends for the term plus three years; the discloser retains IP with a necessary-purpose, perpetual, irrevocable, worldwide, royalty-free licence. Written approval constrains use of products, reverse engineering and third-party laboratory work.
Read the anchor · page 17
5
b) Reviewing of FAR/DFAR flow downs.
c) Reviewing of commercial Terms and Conditions.
d) Providing consultation services through subject matter experts that include
Fairwinds officers and employees with over 100 years combined
commercial acquisition experience and former Government employees
with acquisition training and certification during their Government civilian
careers.
6. Confidentiality/Proprietary Information. The Parties anticipate that the performance of
this Agreement may require them to disclose to each other information of a proprietary
nature. Therefore, as an integral part of this Agreement, the Parties agree to the following:
6.1 For the duration of this Agreement and the three (3) years immediately following its
termination, each party shall keep and procure to be kept secret and confidential all
secret or confidential commercial, financial, and technical information, know how,
trade secrets, inventions, computer software, and other information whatsoever and in
whatever form or medium, whether disclosed orally or in writing, together with all
reproductions in whatsoever form and any part or parts of it “confidential information”
which relates to either party. This Agreement and its contents are confidential and
proprietary.
7. Intellectual Property Rights. Both Parties acknowledge that all title, rights, and
ownership of any intellectual property disclosed during this agreement shall always remain
with the disclosing party.
7.1 Both Parties grant the other a perpetual, irrevocable, worldwide, royalty-free, licensefree, license to use, modify, further develop, adapt, exploit, and commercialize any of the
Intellectual Property of the other only to the extent that such a license is necessary for the
other to fully perform its obligations and role under this document or any future agreements
stemming from this document.
7.2 Both Parties agree that the other’s Intellectual Property shall not be used in any resulting
product solution unless approved by both Parties in writing.
7.3 Except as expressly authorized herein or in writing, neither party shall attempt to
reverse engineer, analyze or disassemble, or cause to be reverse engineered, analyzed or
disassembled any product, formulation, process technology, sample or other technology
provided by the other party, either directly or indirectly. Likewise, neither party shall
provide a sample of any product or technology provided to them by the other party to any
third party or entity, including but not limited to, any type of lab facility.
FAIRWINDS-0008
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3632
claimallegation
The strategic agreement includes consent for assignment, liability limitations with gross-negligence/intentional-conduct exceptions, force m
The strategic agreement includes consent for assignment, liability limitations with gross-negligence/intentional-conduct exceptions, force majeure, written amendment and indemnity provisions, senior-level good-faith dispute resolution, Delaware law and an entire-agreement clause. These private allocations do not themselves determine third-party claims or priority.
Read the anchor · page 18
6
8. Assignment. Neither party shall transfer or assign its rights or obligations under this
Agreement without written permission of the other Party.
9. Liability. To the extent permitted by law, neither party shall be liable in contract, tort or
otherwise, whatever the cause thereof, for any loss of profit, business or goodwill or any
indirect, special, consequential, incidental or punitive costs, damages or expenses of any
kind arising in connection with this Agreement, unless caused by gross negligence or
intentional misconduct of the party. Parties agree to undergo reasonable efforts to mitigate
any loss suffered by them. Neither party shall be liable to the other for damages due to
Force Majeure as defined below.
10. Force Majeure. Neither Party shall be in default of this Agreement by reason of its delay
in the performance of, or failure to perform, any of its obligations hereunder if such delay
or failure is caused by strikes, acts of God, of the public enemy, riots, or other events which
arise from circumstances beyond the reasonable control of that Party. During the pendency
of such intervening event, each of the Parties shall take all reasonable steps to fulfill its
obligations hereunder by other means, and, in any event, shall upon termination of such
intervening event, promptly resume its obligations under this Agreement.
11. All Amendments in Writing. Any amendment or modification to any provision of this
agreement must be conveyed in writing, signed by an authorized representative of both
Parties, and attached to this original agreement.
12. Severability. Each provision of this Agreement is severable. If one provision is declared
void, illegal, or unenforceable, the remaining paragraphs shall retain their full force and
effect.
13. Indemnification. EACH PARTY (AN “INDEMNIFYING PARTY”) SHALL
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE OTHER PARTY, ITS
AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS AND PERMITTED ASSIGNS
(COLLECTIVELY, “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND
ALL CLAIMS, LOSSES, DEFICIENCIES, JUDGMENTS, SETTLEMENTS,
INTEREST, AWARDS, FINES, CAUSES OF ACTION, DAMAGES, LIABILITIES,
COSTS, PENALTIES, TAXES, ASSESSMENTS, CHARGES, PUNITIVE DAMAGES
AND EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE
ATTORNEYS’ FEES, THAT ARE INCURRED BY INDEMNIFIED PARTY
(COLLECTIVELY, “LOSSES”) AS A RESULT OF ANY (i) BREACH OR NONFULFILLMENT OF ANY REPRESENTATION, WARRANTY OR COVENANT
UNDER THE AGREEMENT BY INDEMNIFYING PARTY; (ii) NEGLIGENT OR
MORE CULPABLE ACT OR OMISSION OF INDEMNIFYING PARTY (INCLUDING
ANY RECKLESS OR WILLFUL MISCONDUCT) IN PERFORMING ITS
OBLIGATIONS UNDER THE AGREEMENT;
FAIRWINDS-0009
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 18 of 135 PageID#
3633
claimallegation
The export clause literally prohibits delivery to any military end user or for military end use, followed by examples, alongside this agreem
The export clause literally prohibits delivery to any military end user or for military end use, followed by examples, alongside this agreement’s expressly military opportunity and services. Preserve that drafting tension; this source does not supply a licence, clarification or finding that a particular transfer breached export law.
Read the anchor · page 19
7
14. Corrupt Practice. The Parties hereto agree to conform with the United States Foreign
Corrupt Practices Act, and shall not offer any payments or gift or promise, or authorize the
giving of anything of value, for the purpose of influencing an act or decision of any U.S.
Government or International Government official(s) or of an employee of any company for
the purpose of assisting either party in obtaining, retaining or directing any business.
15. Export/Import/Re-Export The Parties agree not to export or re-export directly or
indirectly any equipment, or related technical data, or technical information, or technology
(“Materials”) without the exporting Party first obtaining all required license(s) or other
government approvals. Without limiting the generality of the foregoing, the Parties agree
not to: (i) export, re-export, transfer or divert any such Materials or any direct product
thereof, to any country to which such exports or re-exports are restricted or embargoed
under United States, or any applicable international jurisdiction, export control laws, or
regulations or to any resident or national of such countries; (ii) export or re-export any
Materials to any military end user or for military end use, including the design,
development or production of any chemical, nuclear or biological weapons. This obligation
survives the expiration or termination of this Agreement
16. Non-Solicitation: During the term of this agreement, neither Party, without written consent
of the other, shall solicit for employment or employ any employee of the other Party.
17. Governing Law/Choice of Forum. This Agreement shall be governed by the laws of the
State of Delaware, without regard to its laws relating to conflict or choice of laws. All legal
proceedings or action resulting from this Agreement shall be brought to a court of law
within the jurisdiction of the State Delaware.
18. Compliance with Laws. In the course of performance hereunder, the Parties shall comply
with all applicable local, national, and international laws and regulations.
19. Dispute Resolution. The Parties agree that all disputes arising under this Agreement shall
initially be referred to the Parties’ senior management for resolution. Upon referral to
senior management, Parties agree to negotiate in good faith, using their best efforts to
resolve the dispute as quickly as possible, and in accordance with this clause before
initiating any court proceedings.
20. Points of Contact/Notices. Notices and other communications between Parties shall be
addressed to the designated points of contact for each respective party.
Fairwinds Point of Contact:
920 Melvin Road
Annapolis MD, 21403
703-472-1940
ATTN:
Jim Sprungle,
james.sprungle@fairwinds-tech.com
Or
FAIRWINDS-0010
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 19 of 135 PageID#
3634
claimallegation
The SOW lists government-market and clearance work, prime/reseller roles unless the government directs otherwise, classified-radio work, fie
The SOW lists government-market and clearance work, prime/reseller roles unless the government directs otherwise, classified-radio work, field-service/laboratory support, CONOPS and agency/customer engagement. Cyberlux is the MFN sole developer/supplier until clearance, with ROFR and best-efforts qualifications; the list is a work scope, not proof of completed meetings or agency adoption.
Read the anchor · page 20
8
Matt Jones,
matthew.jones@fairwinds-tech.com
Cyberlux Point of Contact:
800 Park Offices Drive, suite 3209
Research Triangle Park, NC 27709
919-434-6608
ATTN:
Mark Schmidt
Mshmidt@cyberlux.com
Entire Agreement. The Parties acknowledge that this Agreement expresses the entire
understanding between the Parties, and furthermore supersedes any prior agreements or
understandings with respect to the subject matter contained herein.
FAIRWINDS-0011
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3635
claimallegation
The 8 July email chain records Sprungle forwarding Schmidt’s commission spreadsheet and shipment documentation to Robert Miller and Toby Wir
The 8 July email chain records Sprungle forwarding Schmidt’s commission spreadsheet and shipment documentation to Robert Miller and Toby Wirth and proposing a revised $2.3 million invoice. Schmidt describes recalculation for the first 1,000 using the stop-work order and ultimate modification and offers to discuss with Loren.
Read the anchor · page 25
1
Dantin, Joanna
From: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Sent: Tuesday, July 8, 2025 6:09 PM
To: Robert Miller; Toby Wirth
Subject: FW: Commission calculation
Attachments: Fairwinds Commission Calculation.xlsx; PNWA9432056002AXX DD Form 250 (pg. 1) -
Cyberlux - Signed.pdf; PNWA9432056002BXX DD Form 250 (pg. 1) - Cyberlux -
Signed.pdf; PNWA9432056002CXX DD Form 250 - Cyberlux - Signed.pdf;
PNWA9432056002CXX DD Form 250 2 - Cyberlux - Signed.pdf; Invoice for Truck 1
_Final.pdf; Truck 1 Signed DD250s_corrected_05212025.pdf; Invoice for Truck 2
_Final.pdf; Truck 2 Signed DD250s.pdf; Truck 3 - Signed DD250s.pdf; Truck 3 - Signed
Invoice.pdf; Truck 4 - DD250s_05062025.pdf; Truck 4 - Invoice - Signed.pdf
Thoughts on next steps? I will send a revised invoice tomorrow for $2.3M.
Jim Sprungle
CEO
443.223.0301
fairwinds-tech.com
From: Mark Schmidt <mschmidt@cyberlux.com>
Sent: Tuesday, July 8, 2025 7:01 PM
To: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Cc: Loren Buck <lbuck@cyberlux.com>
Subject: Fw: Commission calculation
WARNING - EXTERNAL EMAIL - This email originated from outside of the organization. Do not click links
or open attachments unless you recognize the sender and know the content is safe.
(This is a resend due to size. I put the rest of the invoices and DD250s in a second email.)
Jim, please find the attached spreadsheet on the applicable 1000 drone shipment commission. I've
included all the applicable invoices and the DD250s for all the drone shipments for transparency. With
the SWO and ultimate contract modification, there are a few elements to the calculation. Loren and I are
available to answer any questions and to step through the spreadsheet as you'd like.
V/R - Mark
Mark Schmidt | President and CEO
FAIRWINDS-0023
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 25 of 135 PageID#
3640
claimallegation
The chain includes a 40 MB message rejected against a 36 MB limit (550 5.2.3) and Schmidt’s resend/split-message explanation. Apparent forwa
The chain includes a 40 MB message rejected against a 36 MB limit (550 5.2.3) and Schmidt’s resend/split-message explanation. Apparent forwarding versus quoted local times and mixed relay authentication headers are retained; neither proves tampering or that the later resend failed. The supplied attachment list covers original shipments and trucks 1–4, not all eight closeout trucks.
Read the anchor · page 25
1
Dantin, Joanna
From: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Sent: Tuesday, July 8, 2025 6:09 PM
To: Robert Miller; Toby Wirth
Subject: FW: Commission calculation
Attachments: Fairwinds Commission Calculation.xlsx; PNWA9432056002AXX DD Form 250 (pg. 1) -
Cyberlux - Signed.pdf; PNWA9432056002BXX DD Form 250 (pg. 1) - Cyberlux -
Signed.pdf; PNWA9432056002CXX DD Form 250 - Cyberlux - Signed.pdf;
PNWA9432056002CXX DD Form 250 2 - Cyberlux - Signed.pdf; Invoice for Truck 1
_Final.pdf; Truck 1 Signed DD250s_corrected_05212025.pdf; Invoice for Truck 2
_Final.pdf; Truck 2 Signed DD250s.pdf; Truck 3 - Signed DD250s.pdf; Truck 3 - Signed
Invoice.pdf; Truck 4 - DD250s_05062025.pdf; Truck 4 - Invoice - Signed.pdf
Thoughts on next steps? I will send a revised invoice tomorrow for $2.3M.
Jim Sprungle
CEO
443.223.0301
fairwinds-tech.com
From: Mark Schmidt <mschmidt@cyberlux.com>
Sent: Tuesday, July 8, 2025 7:01 PM
To: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Cc: Loren Buck <lbuck@cyberlux.com>
Subject: Fw: Commission calculation
WARNING - EXTERNAL EMAIL - This email originated from outside of the organization. Do not click links
or open attachments unless you recognize the sender and know the content is safe.
(This is a resend due to size. I put the rest of the invoices and DD250s in a second email.)
Jim, please find the attached spreadsheet on the applicable 1000 drone shipment commission. I've
included all the applicable invoices and the DD250s for all the drone shipments for transparency. With
the SWO and ultimate contract modification, there are a few elements to the calculation. Loren and I are
available to answer any questions and to step through the spreadsheet as you'd like.
V/R - Mark
Mark Schmidt | President and CEO
FAIRWINDS-0023
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 25 of 135 PageID#
3640
claimallegation
Wirth attributes the 8 July 2025 calculation and drone-sale invoices to Schmidt and says Fairwinds sent Cyberlux its invoice on 9 July. Para
Wirth attributes the 8 July 2025 calculation and drone-sale invoices to Schmidt and says Fairwinds sent Cyberlux its invoice on 9 July. Paragraph 7 prints $2,348.542.40 with two decimal points; the attached invoice unambiguously states $2,348,542.40.
Read the anchor · page 1
#111559141v1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
v.
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants
Civil Action No: 3:25-cv-483-JAG
DECLARATION OF THOMAS O. WIRTH
I, Thomas O. Wirth, make the following declaration under penalty of perjury pursuant to
28 U.S.C. § 1746.
1. I am the General Counsel of Fairwinds Technologies, LLC (“Fairwinds”). This
declaration is based on my personal knowledge, information, and belief.
2. On October 3, 2022, Fairwinds entered into a Teaming Agreement (“TA”) with
Cyberlux Corporation, a true and correct copy of which is attached as Exhibit 1 to this Declaration.
3. The U.S. government awarded HII Mission Technologies Corp. (“HII”) the prime
contract for the Model K8 Aircrafts (the “Drones”) referenced in the TA.
4. After the award of the prime contract, on June 7, 2023, Fairwinds entered into a
Strategic Business Development, Service and Supply Teaming contract (the “Contract”), whereby
Cyberlux agreed to pay Fairwinds a commission of eight percent (8%) of the purchase price of the
first 1000 Drones delivered to HII in exchange for the services Fairwinds provided, as described
in the Contract. A true and correct copy of the Contract is attached as Exhibit 2 to this Declaration.
5. On July 8, 2025, Cyberlux’s Chief Executive Officer, Mark Schmidt, sent
Fairwinds’ Chief Executive Officer an email attaching a spreadsheet setting forth the amount owed
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 1 of 135 PageID#
3616
claimallegation
The spreadsheet lists original-contract 392 drones at $14,954,400 plus 1,608 closeout units at rounded $43,759,160, yielding 2,000 at $58,71
The spreadsheet lists original-contract 392 drones at $14,954,400 plus 1,608 closeout units at rounded $43,759,160, yielding 2,000 at $58,713,560. It uses a per-unit average (displayed $29,357), values 1,000 at $29,356,780 and displays the 8% commission rounded to $2,348,542. This is a disclosed averaging method, not a chronological selection of the first 1,000 individual drones.
The spreadsheet’s CLIN 0001 gross eight-truck total is $43,759,159.81, initial-government credit $22,776,605.40 and resulting due $20,982,55
The spreadsheet’s CLIN 0001 gross eight-truck total is $43,759,159.81, initial-government credit $22,776,605.40 and resulting due $20,982,554.41. It separately adds CLIN 0002/0003 costs $2,757,254.39, CLIN 0004 $1,615,972.07 and CLIN 0002/0003 profit $413,588.16, producing $25,769,369.03 total due; it does not establish those sums were paid.
The eight-truck summary uses shipment dates 25/28 April and 2/5/8/12/28 May and 3 June 2025. Net entries are $1,994,110.32; $1,978,756.15; $
The eight-truck summary uses shipment dates 25/28 April and 2/5/8/12/28 May and 3 June 2025. Net entries are $1,994,110.32; $1,978,756.15; $2,104,910.92 twice; $2,688,510.06; $3,138,629.76; $2,759,934.81; and $4,212,791.47. Credits exhaust during truck 5; trucks 6–8 show no further initial-payment credit.
The four original DD250s record 72,120,128 and72 drones (392 total), K8-1 at $40,500 and K8-2 at $36,900, shipped from Cyberlux in Spring, r
The four original DD250s record 72,120,128 and72 drones (392 total), K8-1 at $40,500 and K8-2 at $36,900, shipped from Cyberlux in Spring, routed to Dover Air Force Base and marked Poland under BPC NW-P-LDA/GS00Q140ADU109, TDL1-023. Shipment fields distinguish the forms even where transport identifiers repeat.
Read the anchor · page 31
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 2 20231111
241998
PNWA9432056002AXX
20231110 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 24 EA $40500.00 972,000
2
Flighteye Model K8-2 Drone System 48 EA $36900.00 1,771,200
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:00 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:10 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
FAIRWINDS-0029
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 31 of 135 PageID#
3646
[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed16November2023 by Collin Ramsey; destination unchecked.]
claimallegation
Unlike the 2025 closeout forms, all four original DD250s mark ORIGIN ACCEPTANCE (not CQA), mark the product quantities received, and complet
Unlike the 2025 closeout forms, all four original DD250s mark ORIGIN ACCEPTANCE (not CQA), mark the product quantities received, and complete receiver-use signature fields. Collin Ramsey is named on 16 November, 8 December and 12 December 2023; Samuel Wilson on 29 November. Destination CQA/acceptance remain unmarked. This records those specific 392 units’ stated acceptance/receipt, not acceptance of later units or proof of final Polish delivery.
Read the anchor · page 31
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 2 20231111
241998
PNWA9432056002AXX
20231110 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 24 EA $40500.00 972,000
2
Flighteye Model K8-2 Drone System 48 EA $36900.00 1,771,200
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:00 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:10 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
FAIRWINDS-0029
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 31 of 135 PageID#
3646
[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed16November2023 by Collin Ramsey; destination unchecked.]
claimallegation
Original shipments 4 and5 both print TCN PNWA9432056002CXX and B/L242171 but have different quantities, invoice dates (1 and8 December), sea
Original shipments 4 and5 both print TCN PNWA9432056002CXX and B/L242171 but have different quantities, invoice dates (1 and8 December), seals and acceptance dates (8 and12 December). Both shipment-date fields are blank. The duplicated identifier cannot justify merging the two forms as one shipment.
Read the anchor · page 33
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 4
242171
PNWA9432056002CXX
20231201 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX CORPORATION
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 40 EA $40500.00 1,620,000
2
Flighteye Model K8-2 Drone System 88 EA $36900.00 3,247,200
Seal S/Ns CRT 1: BOX 1A: 2615082 CRT 5: BOX 5A: 2615100
BOX 1B: 2615085 BOX 5B: 2615099
CRT 2: BOX 2A: 2615084 CRT 6: BOX 6A: 2615095
BOX 2B: 2615083 BOX 6B: 2615092
CRT 3: BOX 3A: 2615091 CRT 7: BOX 7A: 2615089
BOX 3B: 2615088 BOX 7B: 2615094
CRT 4: BOX 4A: 2615093 CRT 8: BOX 8A: 2615133
BOX 4B: 2615097 BOX 8B: 2615131
20231208 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.12.08 16:46:21 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
20231208 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.12.08 16:46:08 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
FAIRWINDS-0031
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 33 of 135 PageID#
3648
[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed8December2023 by Collin Ramsey; destination unchecked.]
claimallegation
Truck 1 invoice 20230829-HII-1014 dated 25 April 2025 identifies 24 crates/192 units, mainly Category B K8-2 after Category A crates and a m
Truck 1 invoice 20230829-HII-1014 dated 25 April 2025 identifies 24 crates/192 units, mainly Category B K8-2 after Category A crates and a mixed crate5. It states gross $7,121,825.57, credit $5,127,714.41 and net $1,994,111.16, bears Aaron Goodman’s signature as Chief Of Staff, and references 24 signed DD250s.
Read the anchor · page 35
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 POC: Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 25, 2025
Invoice #: 20230829-HII-1014
Purpose: Shipment 1
Date of Shipment: 4/25/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA51127001 1 A K8-1 8 $ 40,444.00 $ 323,552.00
47QFCA51127002 2 A K8-1 4 $ 40,444.00 $ 161,776.00
47QFCA51127002 2 A K8-2 4 $ 36,819.00 $ 147,276.00
47QFCA51127003 3 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127004 4 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127005 5 A K8-2 5 $ 36,819.00 $ 184,095.00
47QFCA51127005 5 B K8-1 3 $ 40,441.71 $ 121,325.13
47QFCA51127006 6 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127007 7 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127008 8 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127009 9 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127010 10 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127011 11 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127012 12 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127013 13 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127014 14 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127015 15 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127016 16 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127017 17 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127018 18 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127019 19 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127020 20 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127021 21 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127022 22 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127023 23 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127024 24 B K8-2 8 $ 36,807.22 $ 294,457.76
192 $ 7,121,825.57 $5,127,714.41 $1,994,111.16
$1,994,111.16
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Total
Truck 1 - April 25, 2025
Amount Credited
Against Initial
Payment Made at
Award IAW
Modification No.
4, Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement;
and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in
support of that proposal are made in good faith; the supporting data are accurate and complete
to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the
amount that Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or
encumbrances of any kind.
Aaron Goodman
Chief Of Staff
FAIRWINDS-0033
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 35 of 135 PageID#
3650
[Image verification annotation: Aaron Goodman Chief Of Staff signature visible; printed invoice crate5 price40441.71 differs from DD25040.]
claimallegation
Truck 1 invoice and summary differ by $3 gross, $2.16 credit and $0.84 net. Invoice crate5 prices three Category B K8-1 at $40,441.71 ($121,
Truck 1 invoice and summary differ by $3 gross, $2.16 credit and $0.84 net. Invoice crate5 prices three Category B K8-1 at $40,441.71 ($121,325.13); DD250 page40 prints $40,440.71 and handwritten corrected $121,322.13. This locates the arithmetic discrepancy without attributing motive; crossed-out figures remain visible in the original and are not reconstructed where overlapped.
All 24 first-truck DD250s mark ORIGIN CQA, leave ORIGIN ACCEPTANCE empty, leave destination CQA/acceptance empty and leave receiver-use fiel
All 24 first-truck DD250s mark ORIGIN CQA, leave ORIGIN ACCEPTANCE empty, leave destination CQA/acceptance empty and leave receiver-use fields empty. They show handwritten origin signatures dated 24 April 2025, Property Administrator title and a Douglas surname not confidently resolved. An acceptance-point label of Spring is not a checked acceptance.
Read the anchor · page 36
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: CLE1726 Spring-Mechanicsburg; TCN 47QFCA51127001. Item row: Flighteye Model K8-1 Category A Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 40444.00; amount 323552.00. Seal row CRT1: BoxA 2615199, BoxB 2615187. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250424; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page36.
claimallegation
Page40 has handwritten amount corrections to the two model rows; pages44 and45 literally print seals 2815185 and2815183 amid predominantly26
Page40 has handwritten amount corrections to the two model rows; pages44 and45 literally print seals 2815185 and2815183 amid predominantly2615xxx seals. These source-specific anomalies are retained, not normalised. Neither alone proves substitution, falsification or an incorrect goods count.
Read the anchor · page 40
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: CLE1726 Spring-Mechanicsburg; TCN 47QFCA51127005. Item row: Flighteye Model K8-2 Category A / K8-1 Category B Drone System; quantity 5 / 3; unit EA (second model row unit blank on pages93/125); unit price 36819.00 / 40440.71; amount 184095.00 / 121322.13 (handwritten replacements; earlier amounts struck). Seal row CRT5: BoxA 2615166, BoxB 2615165. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250424; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page40.
claimallegation
The original teaming agreement body is dated 26 September 2022, with Amber Hutchinson (Director of Contract Management) and Mark Schmidt (CE
The original teaming agreement body is dated 26 September 2022, with Amber Hutchinson (Director of Contract Management) and Mark Schmidt (CEO) signatures dated 3 October. Its Ukraine K8 Letter of Request recital is contextual representation; the underlying LOR is not attached. The SOW prices 1,000 drones at $38,704,000.
Read the anchor · page 3
pg. 1
TEAMING AGREEMENT
Fairwinds Technologies LLC – Cyberlux Corporation
THIS TEAMING AGREEMENT and all exhibits attached hereto or referenced herein (hereinafter
referred to as the “Agreement”), is made and entered into this 26
th day of September 2022 between
Fairwinds Technologies LLC., a company existing under the laws of Delaware (hereinafter referred to as
“Fairwinds”) with offices at 920 Melvin Road, Annapolis MD 21403, and Cyberlux Corporation, existing
under the laws of Nevada (hereinafter referred to as “Cyberlux”) with offices at 800 Park Offices Drive
Suite 3209, Research Triangle, NC 27709. Fairwinds and Cyberlux are referred to collectively herein as
the “Parties” and individually as a “Party.”
WHEREAS, Cyberlux has a substantial product portfolio of drone technology, including their Model- K8
Aircraft which provides infantry units with an offensive and defensive weapon system capable of
precision threat neutralization at ranges, that meet the requirements for the current theater of operations;
and
WHEREAS, Fairwinds is actively engaged in foreign military sales around the world involving military
technology through a variety of relationships, including the DSCA, USASAC, DLA TLS, COCOM’s, and
embassies, and
WHEREAS, The Government of Ukraine, because of its ongoing defense efforts, has directly contacted
Cyberlux by letter and requested international aid in the form of a large shipment of Model K-8 Aircraft,
and
WHEREAS, Fairwinds has directly coordinated meetings with representatives of the US Government,
Ukraine LNO, DATT, and Partner Nations, and
WHEREAS, the Parties wish to collaborate and leverage their unique skill sets to successfully secure
payment through existing funding opportunities for the shipment of said Model K-8 Aircraft, and
WHEREAS, the Parties wish to enter into this Agreement to set forth more fully the terms and conditions
pursuant to which the Parties shall enter into any contract(s) resulting therefrom.
NOW, THEREFORE, in consideration of the foregoing, and in reliance on the mutual promises and
obligations contained herein, the Parties hereby agree as follows:
1) Parties’ Responsibilities. Each Party shall work with the other in good faith with the objective of
receiving a contract vehicle to ship the requested drones under a reseller agreement between
Cyberlux and Fairwinds.
FAIRWINDS-0016
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 3 of 135 PageID#
3618
claimallegation
Truck 2 invoice1015 is dated 29 April 2025 for shipment2 on28 April, although its table heading says Truck1. Its 24 crates each contain eigh
Truck 2 invoice1015 is dated 29 April 2025 for shipment2 on28 April, although its table heading says Truck1. Its 24 crates each contain eight Category B K8-2 at $36,807.22 ($294,457.76 per crate),192 units, gross $7,066,986.24, credit $5,088,230.09 and net $1,978,756.15. Goodman signs with printed title Chief Operating Office (literal wording).
Read the anchor · page 60
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 Point of Contact:Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 29, 2025
Invoice #: 20230829-HII-1015
Purpose: Shipment 2
Date of Shipment: 4/28/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA511270025 1 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270026 2 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270027 3 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270028 4 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270029 5 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270030 6 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270031 7 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270032 8 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270033 9 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270034 10 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270035 11 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270036 12 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270037 13 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270038 14 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270039 15 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270040 16 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270041 17 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270042 18 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270043 19 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270044 20 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270045 21 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270046 22 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270047 23 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270048 24 B K8-2 8 $36,807.22 $294,457.76
192 $7,066,986.24 $5,088,230.09 $1,978,756.15
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Truck 1 - April 28, 2025
Amount Credited (72%
of Total Price for Crates
1-24) against initial
payment made at
award IAW
Modification No. 4,
Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement; and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in support of
that proposal are made in good faith; the supporting data are accurate and complete to the best of
Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the amount that Cyberlux
believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or encumbrances of
any kind.
Aaron Goodman
Chief Operating Office
FAIRWINDS-0058
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 60 of 135 PageID#
3675
[Image verification annotation: Aaron Goodman signature visible; printed title Chief Operating Office. Heading literally Truck1 although purpose Shipment2.]
claimallegation
All 24 second-truck DD250s again mark only ORIGIN CQA, dated28 April2025; destination and receiver-use fields are blank. Unlike the precedin
All 24 second-truck DD250s again mark only ORIGIN CQA, dated28 April2025; destination and receiver-use fields are blank. Unlike the preceding set, origin typed name and title fields are blank. Pages73 and74 contain X marks in the quantity column on a seal-description row, while product-quantity and acceptance boxes remain empty; those marks are not treated as completed acceptance.
Read the anchor · page 61
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: CLE1725 Spring-Mechanicsburg; TCN 47QFCA51127025. Item row: Flighteye Model K8-2 Category B Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 36807.22; amount 294457.76. Seal row CRT1: BoxA 2615160, BoxB 2615023. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250428; handwritten signature present. Typed-name/title: [blank]. Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page61.
claimallegation
Truck 3 invoice1016 is dated6 May for shipment3 on2 May2025. Its 192 Category B units comprise68 K8-2 and124 K8-1, gross $7,517,539.00, cred
Truck 3 invoice1016 is dated6 May for shipment3 on2 May2025. Its 192 Category B units comprise68 K8-2 and124 K8-1, gross $7,517,539.00, credit $5,412,628.08 and net $2,104,910.92. Larson Isely signs as Chief Operating Officer; Aaron Goodman is the contact, not this invoice’s signer.
Read the anchor · page 85
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: [blank]; TCN 47QFCA51127049. Item row: Flighteye Model K8-2 Category B Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 36807.22; amount 294457.76. Seal row CRT1: BoxA 136821, BoxB 136831. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250429; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page85.
claimallegation
All 24 third-truck DD250s mark only ORIGIN CQA, signed29 April2025, with handwritten Property Administrator identity fields; no destination/
All 24 third-truck DD250s mark only ORIGIN CQA, signed29 April2025, with handwritten Property Administrator identity fields; no destination/receiver acceptance is completed. The first eight crates are K8-2, crate9 has four of each model, and remaining crates are K8-1. Every seal and quantity is retained in the image-verified reading transcription.
Read the anchor · page 85
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: [blank]; TCN 47QFCA51127049. Item row: Flighteye Model K8-2 Category B Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 36807.22; amount 294457.76. Seal row CRT1: BoxA 136821, BoxB 136831. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250429; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page85.
claimallegation
Truck 4 invoice is dated6 May for shipment4 on5 May2025 and totals192 units,124 K8-1 and68 K8-2, with the same gross/credit/net as truck3. I
Truck 4 invoice is dated6 May for shipment4 on5 May2025 and totals192 units,124 K8-1 and68 K8-2, with the same gross/credit/net as truck3. It is a separate shipment with different crate composition and seals. It also prints invoice1016, whereas the spreadsheet labels truck4 invoice1017; the source is not silently renumbered.
Read the anchor · page 110
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: [blank]; TCN 47QFCA51127073. Item row: Flighteye Model K8-1 Category B Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 40440.71; amount 323525.68. Seal row CRT1: BoxA 136966, BoxB 136965. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250505; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page110.
claimallegation
All 24 fourth-truck DD250s mark only ORIGIN CQA with5 May2025 signatures; acceptance, destination and receiver-use fields remain blank. Crat
All 24 fourth-truck DD250s mark only ORIGIN CQA with5 May2025 signatures; acceptance, destination and receiver-use fields remain blank. Crates1–15 contain eight K8-1 each, crate16 four K8-1 plus four K8-2, and crates17–24 eight K8-2 each. The handwritten surname remains unresolved rather than identity-merged.
Read the anchor · page 110
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: [blank]; TCN 47QFCA51127073. Item row: Flighteye Model K8-1 Category B Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 40440.71; amount 323525.68. Seal row CRT1: BoxA 136966, BoxB 136965. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250505; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page110.
claimallegation
All four Cyberlux invoices expressly certify under Modification4 section5 that delivered goods comply, the15 February2025 termination propos
All four Cyberlux invoices expressly certify under Modification4 section5 that delivered goods comply, the15 February2025 termination proposal and support are good-faith/accurate/complete to the best of knowledge and belief with claimed entitlement, and delivered goods are free of third-party liens/claims/encumbrances. Goodman signs the first two; Isely the latter two. These are affirmative seller certifications, not independent validation of those propositions.
Read the anchor · page 35
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 POC: Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 25, 2025
Invoice #: 20230829-HII-1014
Purpose: Shipment 1
Date of Shipment: 4/25/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA51127001 1 A K8-1 8 $ 40,444.00 $ 323,552.00
47QFCA51127002 2 A K8-1 4 $ 40,444.00 $ 161,776.00
47QFCA51127002 2 A K8-2 4 $ 36,819.00 $ 147,276.00
47QFCA51127003 3 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127004 4 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127005 5 A K8-2 5 $ 36,819.00 $ 184,095.00
47QFCA51127005 5 B K8-1 3 $ 40,441.71 $ 121,325.13
47QFCA51127006 6 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127007 7 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127008 8 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127009 9 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127010 10 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127011 11 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127012 12 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127013 13 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127014 14 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127015 15 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127016 16 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127017 17 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127018 18 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127019 19 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127020 20 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127021 21 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127022 22 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127023 23 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127024 24 B K8-2 8 $ 36,807.22 $ 294,457.76
192 $ 7,121,825.57 $5,127,714.41 $1,994,111.16
$1,994,111.16
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Total
Truck 1 - April 25, 2025
Amount Credited
Against Initial
Payment Made at
Award IAW
Modification No.
4, Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement;
and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in
support of that proposal are made in good faith; the supporting data are accurate and complete
to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the
amount that Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or
encumbrances of any kind.
Aaron Goodman
Chief Of Staff
FAIRWINDS-0033
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 35 of 135 PageID#
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[Image verification annotation: Aaron Goodman Chief Of Staff signature visible; printed invoice crate5 price40441.71 differs from DD25040.]
claimallegation
The second through fourth invoice tables print DD250 identifiers with an additional zero compared with their accompanying forms (for example
The second through fourth invoice tables print DD250 identifiers with an additional zero compared with their accompanying forms (for example47QFCA511270025 versus47QFCA51127025). Matching crate, composition and sequence supports a correspondence, but the distinct literal identifiers are preserved rather than silently unified.
Read the anchor · page 60
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 Point of Contact:Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 29, 2025
Invoice #: 20230829-HII-1015
Purpose: Shipment 2
Date of Shipment: 4/28/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA511270025 1 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270026 2 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270027 3 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270028 4 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270029 5 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270030 6 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270031 7 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270032 8 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270033 9 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270034 10 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270035 11 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270036 12 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270037 13 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270038 14 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270039 15 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270040 16 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270041 17 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270042 18 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270043 19 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270044 20 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270045 21 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270046 22 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270047 23 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270048 24 B K8-2 8 $36,807.22 $294,457.76
192 $7,066,986.24 $5,088,230.09 $1,978,756.15
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Truck 1 - April 28, 2025
Amount Credited (72%
of Total Price for Crates
1-24) against initial
payment made at
award IAW
Modification No. 4,
Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement; and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in support of
that proposal are made in good faith; the supporting data are accurate and complete to the best of
Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the amount that Cyberlux
believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or encumbrances of
any kind.
Aaron Goodman
Chief Operating Office
FAIRWINDS-0058
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[Image verification annotation: Aaron Goodman signature visible; printed title Chief Operating Office. Heading literally Truck1 although purpose Shipment2.]
claimallegation
Fairwinds invoice CYBLUX-1001B,9 July2025, NET30, July performance period, bills Cyberlux $2,348,542.40 as8% of $29,356,780 for the first1,0
Fairwinds invoice CYBLUX-1001B,9 July2025, NET30, July performance period, bills Cyberlux $2,348,542.40 as8% of $29,356,780 for the first1,000 K8 variants sold and delivered under the7 June2023 agreement. Kyle Kolwicz signs as COO. Bank-transfer and cheque instructions are provided, but no payment receipt or bank confirmation is attached.
Read the anchor · page 135
Fairwinds Technologies LLC Invoice #: CYBLUX-1001B
6165 Guardian Gateway, Ste J Invoice Date: 7/9/2025
Aberdeen Proving Ground, MD 21005 Email: Kyle.kolwicz@Fairwinds-tech.com
Duns: 080308420 Invoice Terms: NET30
UEI# R3G6PWHQRAY5
Bill to:
Cyberlux Corporation
800 Park Offices Drive, Suite 3209
Research Triangle, NC 27709
Please accept this invoice for payment under Strategic Business Development, Service and Supply Teaming Agreement
between Fairwinds Technologies, LLC and Cyberlux Corporation executed on June 7th, 2023.
Invoice Period of Performance: Jul-25
Invoice Description Contract Value of 1,000 K-8
Variants
Due to Fairwinds
(8%)
8% Fee of first 1,000 K-8 variant drones sold and delivered $ 29,356,780.00 $ 2,348,542.40
INVOICE TOTAL $2,348,542.40
Please send payment via electronic transfer to:
Sandy Spring Bank, 17801 Georgia Avenue, Olney, Maryland 20832
Account Number: 1616740306; Routing Number: 055001096
If paying by check, please mail to: Fairwinds Technologies LLC, 920 Melvin Rd, Annapolis, MD 21403
Regards,
Kyle Kolwicz
Chief Operating Officer
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 135 of 135 PageID#
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[Image verification annotation: Kyle Kolwicz Chief Operating Officer signature visible; demand2348542.40.]
claimallegation
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not conta
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not contain the complete operative Modification4, all eight trucks’ DD250s/invoices, proof of receipt of funds, actual performance of every Fairwinds service, or an adjudication fixing the commission or lien priority.
Read the anchor · page 1
#111559141v1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
v.
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants
Civil Action No: 3:25-cv-483-JAG
DECLARATION OF THOMAS O. WIRTH
I, Thomas O. Wirth, make the following declaration under penalty of perjury pursuant to
28 U.S.C. § 1746.
1. I am the General Counsel of Fairwinds Technologies, LLC (“Fairwinds”). This
declaration is based on my personal knowledge, information, and belief.
2. On October 3, 2022, Fairwinds entered into a Teaming Agreement (“TA”) with
Cyberlux Corporation, a true and correct copy of which is attached as Exhibit 1 to this Declaration.
3. The U.S. government awarded HII Mission Technologies Corp. (“HII”) the prime
contract for the Model K8 Aircrafts (the “Drones”) referenced in the TA.
4. After the award of the prime contract, on June 7, 2023, Fairwinds entered into a
Strategic Business Development, Service and Supply Teaming contract (the “Contract”), whereby
Cyberlux agreed to pay Fairwinds a commission of eight percent (8%) of the purchase price of the
first 1000 Drones delivered to HII in exchange for the services Fairwinds provided, as described
in the Contract. A true and correct copy of the Contract is attached as Exhibit 2 to this Declaration.
5. On July 8, 2025, Cyberlux’s Chief Executive Officer, Mark Schmidt, sent
Fairwinds’ Chief Executive Officer an email attaching a spreadsheet setting forth the amount owed
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 1 of 135 PageID#
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claimallegation
The original arrangement assigns Fairwinds marketing, government meetings and submissions, prime/reseller and clearance-sponsorship work; Cy
The original arrangement assigns Fairwinds marketing, government meetings and submissions, prime/reseller and clearance-sponsorship work; Cyberlux supplies the technical/product capability. Each bears its own costs and agreed payment follows receipt of funds within 30 days. These are allocated duties, not proof that every service or payment occurred.
Read the anchor · page 3
pg. 1
TEAMING AGREEMENT
Fairwinds Technologies LLC – Cyberlux Corporation
THIS TEAMING AGREEMENT and all exhibits attached hereto or referenced herein (hereinafter
referred to as the “Agreement”), is made and entered into this 26
th day of September 2022 between
Fairwinds Technologies LLC., a company existing under the laws of Delaware (hereinafter referred to as
“Fairwinds”) with offices at 920 Melvin Road, Annapolis MD 21403, and Cyberlux Corporation, existing
under the laws of Nevada (hereinafter referred to as “Cyberlux”) with offices at 800 Park Offices Drive
Suite 3209, Research Triangle, NC 27709. Fairwinds and Cyberlux are referred to collectively herein as
the “Parties” and individually as a “Party.”
WHEREAS, Cyberlux has a substantial product portfolio of drone technology, including their Model- K8
Aircraft which provides infantry units with an offensive and defensive weapon system capable of
precision threat neutralization at ranges, that meet the requirements for the current theater of operations;
and
WHEREAS, Fairwinds is actively engaged in foreign military sales around the world involving military
technology through a variety of relationships, including the DSCA, USASAC, DLA TLS, COCOM’s, and
embassies, and
WHEREAS, The Government of Ukraine, because of its ongoing defense efforts, has directly contacted
Cyberlux by letter and requested international aid in the form of a large shipment of Model K-8 Aircraft,
and
WHEREAS, Fairwinds has directly coordinated meetings with representatives of the US Government,
Ukraine LNO, DATT, and Partner Nations, and
WHEREAS, the Parties wish to collaborate and leverage their unique skill sets to successfully secure
payment through existing funding opportunities for the shipment of said Model K-8 Aircraft, and
WHEREAS, the Parties wish to enter into this Agreement to set forth more fully the terms and conditions
pursuant to which the Parties shall enter into any contract(s) resulting therefrom.
NOW, THEREFORE, in consideration of the foregoing, and in reliance on the mutual promises and
obligations contained herein, the Parties hereby agree as follows:
1) Parties’ Responsibilities. Each Party shall work with the other in good faith with the objective of
receiving a contract vehicle to ship the requested drones under a reseller agreement between
Cyberlux and Fairwinds.
FAIRWINDS-0016
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claimallegation
The original agreement provides 24-month duration with a pending-opportunity extension and specified termination events, a 15-day material-b
The original agreement provides 24-month duration with a pending-opportunity extension and specified termination events, a 15-day material-breach cure, exclusivity concerning the 1,000-drone opportunity and derivatives, while expressly disavowing a joint venture, partnership or power to bind the other party.
Read the anchor · page 4
pg. 2
2) Costs/Limitation of Liability. Each Party shall bear all costs, expenses, risks, and liabilities
incurred by it arising out of or relating to its obligations, efforts, or performance under this
Agreement. Neither Party shall have any right to any reimbursement, payment, or compensation of
any kind from the other during the term of this Agreement other than what is expressly agreed upon
within this document and all resulting contract awards..
3) Payment. Except as otherwise agreed to in writing, any amount to be paid by one Party to the other
in relation to a completed sale stemming from this Agreement, or any subsequent contract awards
resulting from this Agreement, shall be paid within thirty (30) days of receipt of funds from the
associated sale.
4) Submissions to the Government. Fairwinds shall have the sole right to decide the form and content
of all documents submitted to the Government.
5) Points of Contact. The Parties each will designate one or more individuals within their respective
organizations as their representative(s) responsible for directing performance of the Parties’
obligations under this Agreement.
6) Termination/Expiration.
6.1 This Agreement shall expire upon the happening of one of the following events, whichever
shall occur first:
6.1.1 Written notice from the Client that it will not award a contract.
6.1.2 Written notice from the Client of Client's final rejection of the Proposal or award
of a contract for the Project to a firm other than the Parties.
6.1.3 The expiration of 24 months from the date of this Agreement; provided, however,
this Agreement shall be extended for one additional year if the Proposal has been
submitted and the Client has not provided written notice as to contract award
within the 24-month period.
6.1.4 The insolvency, bankruptcy, reorganization under the bankruptcy laws, or
assignment for the benefit of creditors of either Party to the extent that there is a
reasonable doubt that such Party lacks the resources or ability to properly
perform its obligations hereunder.
6.1.5 Mutual agreement of the Parties to terminate this Agreement.
6.1.6 Suspension or debarment or either Party, or any other circumstance that renders
Party ineligible for participation in the project.
6.2 Upon a material breach of this Agreement by either Party, the non-breaching Party may
terminate this Agreement if such breach remains uncured fifteen (15) days after the breaching
Party's receipt of notice of the breach and take such other action in law or equity as such nonbreaching Party elects.
7) Technical Points of Contact:
Fairwinds Cyberlux
Name: Michael Bristol Name: Mark Schmidt
FAIRWINDS-0017
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claimallegation
The original agreement includes confidentiality through an incorporated NDA, security/export restrictions, nonsolicitation and escalation to
The original agreement includes confidentiality through an incorporated NDA, security/export restrictions, nonsolicitation and escalation to senior representatives for 14 days before Delaware litigation. The incorporated NDA is not supplied, so its independent terms cannot be reconstructed.
Read the anchor · page 5
pg. 3
Title: Executive VP Title: CEO
Address: 920 Melvin Road Address: 800 Park Offices Drive Suite 3209
City, State, Zip Annapolis MD 21403 City, State, Zip Research Triangle, NC 27709
Phone: 703-472-1940 Phone: 914-434-6608
E-mail: Michael.bristol@Fairwindstech.com
E-mail: mschmidt@cyberlux.com
8) Exclusive Agreement. This is an exclusive agreement, meaning that Fairwinds shall only support
Cyberlux, and none of Cyberlux’ competitors on the capture of this Ukrainian Government drone
request for 1000 Model-K8 drones and any continuation orders and derivative drone orders, and
Cyberlux shall not enter into any other agreements that would prohibit it from meeting all the
obligations promised to Fairwinds, should an award be made to Cyberlux for the support of
Ukrainian drone services.
9) Relationship of Parties. This Agreement is not intended by the Parties to constitute or create a joint
venture, limited liability company, pooling arrangement, partnership, or other formal business
organization of any kind, other than a contractor team arrangement as set forth in FAR Part 9.6,
and the rights and obligations of the Parties shall be only those expressly set forth herein. Neither
Party shall have authority to bind the other except to the extent expressly authorized herein. Nothing
in this Agreement shall be construed as providing for the sharing of profits or losses arising out of
the efforts of either or both Parties. It is also understood that no division of markets is attempted by
this Agreement.
10) Entire Agreement. This Agreement, including any and all exhibits hereto which are incorporated
herein by reference, constitutes the entire agreement and understanding between the Parties hereto,
and supersedes and replaces any and all previous or contemporaneous understandings,
commitments, agreements, proposals, or representations of any kind, whether oral or written,
relating to the subject matter hereof.
11) Severability. If any term, condition or provision of this Agreement is held or finally determined to
be void, invalid, illegal, or unenforceable in any respect, in whole or in part, such term, condition
or provision shall be severed from this Agreement, and the remaining terms, conditions and
provisions contained herein shall continue in force and effect, and shall in no way be affected,
prejudiced or disturbed thereby.
12) Classified/Export Controlled Information.. To the extent the obligations of the Parties hereunder
involve access to information classified by the U.S. Government as “Confidential” or higher, the
provisions of all applicable federal laws, statutes and regulations shall apply to this Agreement.
The provisions of all applicable security and export control laws, statutes and regulations shall also
apply hereto.
13) Proprietary or Confidential Information. Parties agree that the Non-Disclosure Agreement signed
and executed with respect to the project shall be attached and incorporated into this agreement. All
proprietary or confidential information exchanged by the parties over the course of this agreement
shall be subject to the Non-Disclosure Agreement.
14) Non-Solicitation: During the term of this agreement, neither Party, without written consent of the
other, shall solicit for employment or employ any employee of the other Party.
FAIRWINDS-0018
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claimallegation
Original SOW provisions include future military-waveform work in good faith, Cyberlux as sole developer, export-licence inclusion of Fairwin
Original SOW provisions include future military-waveform work in good faith, Cyberlux as sole developer, export-licence inclusion of Fairwinds, a 20% MSRP discount, and a 10% payment to Fairwinds on up to 1,000 variants where another entity is the prime/direct customer route. These terms must be read with later amendments.
Read the anchor · page 8
pg. 6
EXHIBIT A - STATEMENT OF WORK
Fairwinds Technologies LLC – Cyberlux Corporation
Cyberlux has received an initial request from the Armed Forces of Ukraine for one thousand (1000)
Model K-8 Aircraft valued at a total of $38,704,000.00. Fairwinds has agreed to assist in securing a
US government contract vehicle for the shipment of these and follow up drone requests.
Fairwinds Contributions:
Facilitate meetings and assist in the securing of payment through a DLA TLS contract vehicle for the
shipment of the initial one thousand (1000) drones.
Work with Cyberlux to negotiate an IDIQ with CECOM SAM-D, EUCOM SAM-D, (or additional
COCOM as appropriate) for additional drone requests by the Armed Forces of Ukraine.
Act as Reseller for the final shipment of any drones requested through this agreement and its resulting
contract vehicles.
Work with Cyberlux to trigger a facility clearance via Sub-contracted task, as appropriate.
Work in good faith to complete a follow-up, strategic agreement, whereby Fairwinds provides Cyberlux
with a MIL- waveform, sufficiently hardened for their theaters of operation.
Cyberlux Contributions:
Sole developer and supplier of the Model K-8 Aircraft.
Cyberlux will develop and supply enhancements, variants and changes as requested.
Add Fairwinds as Licensee to their ITAR, DSP, and associated export compliance authorizations
Assist in securing contract vehicle for shipment of initial one thousand (1000) drones.
Assist in securing IDIQ with CECOM SAM-D,, , EUCOM SAM-D, (or additional COCOM as
appropriate) contract vehicles for additional drone requests by the Armed Forces of Ukraine.
Provide any requested drone orders to Fairwinds, who will act as Reseller, at a discounted rate of twenty
(20) percent below MSRP.
If an order is placed and financed by parties unrelated to the US Government and/or any of the
entities that Fairwinds is supporting Cyberlux with, Cyberlux will act as Reseller.
FAIRWINDS-0021
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claimallegation
The amendment has a 4 May 2023 body date and 6 June signatures of Hutchinson as IDIQ Director and Schmidt as President and CEO. It narrows F
The amendment has a 4 May 2023 body date and 6 June signatures of Hutchinson as IDIQ Director and Schmidt as President and CEO. It narrows Fairwinds’ sole government-submission role to mutually agreed prime/reseller services and permits Cyberlux other necessary agreements if Fairwinds cannot fill that role.
Read the anchor · page 10
First Amendment
This First Amendment (the “Amendment Agreement”), dated May 4, 2023, amends the Teaming
Agreement (the “Existing Agreement”), executed on October 3, 2022, between Fairwinds Technologies
LLC (“Company”) and Cyberlux Corporation (“Cyberlux).
Background
1. The parties entered into the Existing Agreement.
2. The parties wish to make certain changes to the Existing Agreement to reflect the
developments in the nature of the deal.
Accordingly, the parties agree as follows:
1) Amendments. The Existing Agreement is amended as follows below.
1.1) Paragraph 4 of the Existing Agreement, which deals with submissions to the
Government, is amended by inserting the words “for which Fairwinds is acting as
mutually agreed upon either Prime or Reseller to” immediately after the word
“Government” at the end of the sentence.
1.2) Paragraph 8 of the Existing Agreement, which specifies the level of exclusivity of the
deal, is amended by deleting it in its entirety and inserting int its place the following:
“Exclusive Agreement. This is an exclusive agreement, meaning that Fairwinds shall only support
Cyberlux, and none of Cyberlux’ competitors on the capture of this Ukrainian Government drone
request for 1000 Model-K8 drones and any continuation orders and derivative drone orders, and
Cyberlux shall not enter into any agreements that would prohibit it from meeting the obligations
promised to Fairwinds, should an award be made to Cyberlux for the support of Ukrainian drone
FAIRWINDS-0001
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claimallegation
The amendment replaces 10% with 8% and changes the quantity wording to a total of 1,000 units from total cumulative awarded units. It contin
The amendment replaces 10% with 8% and changes the quantity wording to a total of 1,000 units from total cumulative awarded units. It continues unchanged terms, contains a merger clause limited to the amendment’s subject and selects Delaware law. The cumulative wording matters to subsequent averaging; it is not silently replaced by a chronological-first-1,000 rule.
Read the anchor · page 11
services, except that Cyberlux can enter in any agreements necessary should Fairwinds not be in a
position to offer mutually agreed prime or reseller services. Should this occur, Fairwinds is
entitled to 8% of the Contract value for up to a total cumulative number of 1000 drone units, as
defined in the amended Exhibit A – Statement of Work.”
1.3) Exhibit A of the Existing Agreement, which specifies the payment to Fairwinds if the
drones were sold through a party other than Fairwinds, is amended by deleting “10%”
and inserting in its place “8%”. Also, replacing in the same sentence the words “1000
variants” with “a total of 1000 units from the total cumulative awarded units.”
2) Continuation of Existing Agreement. Except for the amendments made in this Amendment
Agreement, every aspect of the Existing Agreement remains unchanged and in full effect.
3) Merger. This Amendment Agreement constitutes the final, complete, and exclusive agreement
between the parties on the matters contained in this Amendment Agreement. All earlier and
contemporaneous negotiations and agreements between the parties on the matter contained in this
Amendment Agreement are expressly merged into and superseded by this Amendment
Agreement.
4) Governing Law. The laws of the state of Delaware (without giving effect to its conflicts of law
principles) govern all matters arising under and relating to this Amendment Agreement, including
torts.
5) Counterparts. The parties may execute this Amendment Agreement in one or more counterparts,
each of which is an original, and all of which constitute only one agreement between the parties.
To evidence the parties’ agreement to this Amendment Agreement, they have signed, executed, and
delivered it as shown below.
Fairwinds Technologies LLC
Signature:
_________________ By:
Amber Hutchinson
Title: IDIQ Director
Date: 6/6/2023
Cyberlux Corporation
FAIRWINDS-0002
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 11 of 135 PageID#
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[Image verification annotation: Hutchinson signature and6June2023 date visible.]
entityobservation
Thomas O. Wirth
Read the anchor · page 1
#111559141v1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
v.
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants
Civil Action No: 3:25-cv-483-JAG
DECLARATION OF THOMAS O. WIRTH
I, Thomas O. Wirth, make the following declaration under penalty of perjury pursuant to
28 U.S.C. § 1746.
1. I am the General Counsel of Fairwinds Technologies, LLC (“Fairwinds”). This
declaration is based on my personal knowledge, information, and belief.
2. On October 3, 2022, Fairwinds entered into a Teaming Agreement (“TA”) with
Cyberlux Corporation, a true and correct copy of which is attached as Exhibit 1 to this Declaration.
3. The U.S. government awarded HII Mission Technologies Corp. (“HII”) the prime
contract for the Model K8 Aircrafts (the “Drones”) referenced in the TA.
4. After the award of the prime contract, on June 7, 2023, Fairwinds entered into a
Strategic Business Development, Service and Supply Teaming contract (the “Contract”), whereby
Cyberlux agreed to pay Fairwinds a commission of eight percent (8%) of the purchase price of the
first 1000 Drones delivered to HII in exchange for the services Fairwinds provided, as described
in the Contract. A true and correct copy of the Contract is attached as Exhibit 2 to this Declaration.
5. On July 8, 2025, Cyberlux’s Chief Executive Officer, Mark Schmidt, sent
Fairwinds’ Chief Executive Officer an email attaching a spreadsheet setting forth the amount owed
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 1 of 135 PageID#
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entityobservation
Samuel Wilson
Read the anchor · page 32
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 3 20231201
150121
PNWA9432056002BXX
20231117 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 48 EA $40500.00 1,944,000
2
Flighteye Model K8-2 Drone System 72 EA $36900.00 2,656,800
Seal S/Ns CRT 1: BOX 1A: 2615130 CRT 5: BOX 5A: 2615058
BOX 1B: 2615052 BOX 5B: 2615070
CRT 2: BOX 2A: 2615054 CRT6: BOX 6A: 2615068
BOX 2B: 2615053 BOX 6B: 2615063
CRT 3: BOX 3A: 2615056 CRT 7: BOX 7A: 2615064
BOX 3B: 2615055 BOX 7B: 2615065
CRT 4: BOX 4A: 2615057 CRT 8: BOX 8A: 2615062
BOX 4B: 2615059 BOX 8B: 2615061
20231129 WILSON.SAMUEL.DOUGLASS.
1604792947
Digitally signed by
WILSON.SAMUEL.DOUGLASS.1604792947
Date: 2023.11.29 12:15:08 -06'00'
Samuel Wilson
Engineer
300 HWY 361, Crane, IN 47522
812-227-9365
20231129 WILSON.SAMUEL.DOUGLASS.
1604792947
Digitally signed by
WILSON.SAMUEL.DOUGLASS.1604792947
Date: 2023.11.29 12:16:01 -06'00'
Samuel Wilson
Engineer
300 HWY 361, Crane, IN 47522
812-227-9365
FAIRWINDS-0030
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 32 of 135 PageID#
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[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed29November2023 by Samuel Wilson; destination unchecked.]
entityobservation
HII Mission Technologies Corp.
Read the anchor · page 35
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 POC: Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 25, 2025
Invoice #: 20230829-HII-1014
Purpose: Shipment 1
Date of Shipment: 4/25/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA51127001 1 A K8-1 8 $ 40,444.00 $ 323,552.00
47QFCA51127002 2 A K8-1 4 $ 40,444.00 $ 161,776.00
47QFCA51127002 2 A K8-2 4 $ 36,819.00 $ 147,276.00
47QFCA51127003 3 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127004 4 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127005 5 A K8-2 5 $ 36,819.00 $ 184,095.00
47QFCA51127005 5 B K8-1 3 $ 40,441.71 $ 121,325.13
47QFCA51127006 6 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127007 7 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127008 8 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127009 9 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127010 10 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127011 11 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127012 12 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127013 13 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127014 14 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127015 15 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127016 16 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127017 17 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127018 18 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127019 19 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127020 20 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127021 21 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127022 22 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127023 23 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127024 24 B K8-2 8 $ 36,807.22 $ 294,457.76
192 $ 7,121,825.57 $5,127,714.41 $1,994,111.16
$1,994,111.16
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Total
Truck 1 - April 25, 2025
Amount Credited
Against Initial
Payment Made at
Award IAW
Modification No.
4, Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement;
and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in
support of that proposal are made in good faith; the supporting data are accurate and complete
to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the
amount that Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or
encumbrances of any kind.
Aaron Goodman
Chief Of Staff
FAIRWINDS-0033
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 35 of 135 PageID#
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[Image verification annotation: Aaron Goodman Chief Of Staff signature visible; printed invoice crate5 price40441.71 differs from DD25040.]
entityobservation
General Services Administration
Read the anchor · page 36
Material Inspection and Receiving Report; DD FORM250,AUG2000, previous edition obsolete. OMB0704-0248 approval expires20270131. Public reporting burden estimate30minutes; send comments to DoD Washington Headquarters Services; no penalty absent valid OMB control number. Do not return completed form there; send in accordance with DFARS AppendixF401. Contract GS00Q140ADU109-47QFCA22F0039; order TDL023. Shipment number/date, discount terms, invoice number/date, page/of blank. Acceptance point Spring,TX. Prime HII,12730FairLakesCIR,FairfaxVA22033; administered by General Services Administration,AASDefense,1800FStNW,WashingtonDC20405. Shipped from CYBERLUX,21631RhodesRdBLDG F,SpringTX77388. Payment field lists requests to initiate purchase1003.23.007,.008,.009,.010,.011. Shipped to NAVSUP WSS NOFX5450CarliePikeBLDG107SouthEnd,MechanicsburgPA17055,POC Scott Elicker717-332-0830. Marked-for and code/FOB fields blank. B/L: CLE1726 Spring-Mechanicsburg; TCN 47QFCA51127001. Item row: Flighteye Model K8-1 Category A Drone System; quantity 8; unit EA (second model row unit blank on pages93/125); unit price 40444.00; amount 323552.00. Seal row CRT1: BoxA 2615199, BoxB 2615187. Remaining item rows blank. Product received-quantity boxes empty. Seal and unused quantity boxes empty. 21a ORIGIN: CQA checked X; ACCEPTANCE unchecked. Printed certification: CQA/acceptance of listed items has been made by me or under my supervision and they conform to contract except as noted herein or on supporting documents. Date 20250424; handwritten signature present. Typed-name/title: Douglas/Doug [surname uncertain], Property Administrator (handwritten). Origin mailing address/telephone blank. 21b DESTINATION: CQA and ACCEPTANCE unchecked; date/signature/name/title/address/telephone blank.22 RECEIVER USE: printed quantities-shown-in-column17 received-in-apparent-good-condition statement; date/signature/name/title/address/telephone blank. Footnote says mark X if government-received quantity same as shipped, otherwise show actual below shipped and encircle.23 CONTRACTOR USE blank. Bottom page/of blank. Source filing:3:25-cv-00483-JAG,Doc178-1,15April2026; physical page36.
entityobservation
Fairwinds Technologies LLC
Read the anchor · page 7
pg. 5
IN WITNESS WHEREOF, the Parties represent and warrant that this Agreement is executed by duly
authorized representatives of each Party as set forth below on the date first stated above.
Contractual Points of Contact:
Company: Fairwinds Technologies LLC Company: Cyberlux Corporation
Signature Date Signature Date
Name: Amber Hutchinson Name: Mark Schmidt
Title: Director of Contract Management Title: CEO
Address: 920 Melvin Road
Annapolis MD 21403
Address: 800 Park Offices Drive suite 3209
Research Triangle Park, NC 27709
Phone: 843-344-6581 Phone: 919-434-6608
E-mail: amber.hutchinson@fairwindstech.com
E-mail: mschmidt@cyberlux.com
10/3/2022 10/03/2022
FAIRWINDS-0020
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 7 of 135 PageID#
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[Image verification annotation: Both signatures visible3October2022.]
entityobservation
Cyberlux Corporation
Read the anchor · page 7
pg. 5
IN WITNESS WHEREOF, the Parties represent and warrant that this Agreement is executed by duly
authorized representatives of each Party as set forth below on the date first stated above.
Contractual Points of Contact:
Company: Fairwinds Technologies LLC Company: Cyberlux Corporation
Signature Date Signature Date
Name: Amber Hutchinson Name: Mark Schmidt
Title: Director of Contract Management Title: CEO
Address: 920 Melvin Road
Annapolis MD 21403
Address: 800 Park Offices Drive suite 3209
Research Triangle Park, NC 27709
Phone: 843-344-6581 Phone: 919-434-6608
E-mail: amber.hutchinson@fairwindstech.com
E-mail: mschmidt@cyberlux.com
10/3/2022 10/03/2022
FAIRWINDS-0020
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 7 of 135 PageID#
3622
[Image verification annotation: Both signatures visible3October2022.]
entityobservation
Amber Hutchinson
Read the anchor · page 7
pg. 5
IN WITNESS WHEREOF, the Parties represent and warrant that this Agreement is executed by duly
authorized representatives of each Party as set forth below on the date first stated above.
Contractual Points of Contact:
Company: Fairwinds Technologies LLC Company: Cyberlux Corporation
Signature Date Signature Date
Name: Amber Hutchinson Name: Mark Schmidt
Title: Director of Contract Management Title: CEO
Address: 920 Melvin Road
Annapolis MD 21403
Address: 800 Park Offices Drive suite 3209
Research Triangle Park, NC 27709
Phone: 843-344-6581 Phone: 919-434-6608
E-mail: amber.hutchinson@fairwindstech.com
E-mail: mschmidt@cyberlux.com
10/3/2022 10/03/2022
FAIRWINDS-0020
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 7 of 135 PageID#
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[Image verification annotation: Both signatures visible3October2022.]
entityobservation
Mark Schmidt
Read the anchor · page 7
pg. 5
IN WITNESS WHEREOF, the Parties represent and warrant that this Agreement is executed by duly
authorized representatives of each Party as set forth below on the date first stated above.
Contractual Points of Contact:
Company: Fairwinds Technologies LLC Company: Cyberlux Corporation
Signature Date Signature Date
Name: Amber Hutchinson Name: Mark Schmidt
Title: Director of Contract Management Title: CEO
Address: 920 Melvin Road
Annapolis MD 21403
Address: 800 Park Offices Drive suite 3209
Research Triangle Park, NC 27709
Phone: 843-344-6581 Phone: 919-434-6608
E-mail: amber.hutchinson@fairwindstech.com
E-mail: mschmidt@cyberlux.com
10/3/2022 10/03/2022
FAIRWINDS-0020
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 7 of 135 PageID#
3622
[Image verification annotation: Both signatures visible3October2022.]
entityobservation
Aaron Goodman
Read the anchor · page 35
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 POC: Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: April 25, 2025
Invoice #: 20230829-HII-1014
Purpose: Shipment 1
Date of Shipment: 4/25/25
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA51127001 1 A K8-1 8 $ 40,444.00 $ 323,552.00
47QFCA51127002 2 A K8-1 4 $ 40,444.00 $ 161,776.00
47QFCA51127002 2 A K8-2 4 $ 36,819.00 $ 147,276.00
47QFCA51127003 3 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127004 4 A K8-2 8 $ 36,819.00 $ 294,552.00
47QFCA51127005 5 A K8-2 5 $ 36,819.00 $ 184,095.00
47QFCA51127005 5 B K8-1 3 $ 40,441.71 $ 121,325.13
47QFCA51127006 6 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127007 7 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127008 8 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127009 9 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127010 10 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127011 11 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127012 12 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127013 13 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127014 14 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127015 15 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127016 16 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127017 17 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127018 18 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127019 19 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127020 20 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127021 21 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127022 22 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127023 23 B K8-2 8 $ 36,807.22 $ 294,457.76
47QFCA51127024 24 B K8-2 8 $ 36,807.22 $ 294,457.76
192 $ 7,121,825.57 $5,127,714.41 $1,994,111.16
$1,994,111.16
HII Mission Technologies Corp.
Payment Due: In accordance with Modification No. 4 Amount Due
Total
Truck 1 - April 25, 2025
Amount Credited
Against Initial
Payment Made at
Award IAW
Modification No.
4, Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement;
and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in
support of that proposal are made in good faith; the supporting data are accurate and complete
to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the
amount that Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or
encumbrances of any kind.
Aaron Goodman
Chief Of Staff
FAIRWINDS-0033
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 35 of 135 PageID#
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[Image verification annotation: Aaron Goodman Chief Of Staff signature visible; printed invoice crate5 price40441.71 differs from DD25040.]
entityobservation
Larson Isely
Read the anchor · page 109
Buyer: Seller: Cyberlux Corporation
Attn: Accounts Payable 800 Park Offices Drive, Suite 3209
5701 Cleveland Street Suite 400 Research Triangle Park NC 27709
Virginia Beach, VA 23462 Point of Contact: Aaron Goodman
agoodman@cyberlux.com
Via email to: subcontract-consultant-invoices@hii-tsd.com 914-414-1884
Invoice Date: May 6, 2025
Invoice #: 20230829-HII-1016
Purpose: Shipment 3
Date of Shipment: May 2, 2025
Attachments: 1 pdf with 24 Signed DD250s
DD250 # Crate # Category # Model # # of Units Price/Unit Price/Crate
47QFCA511270049 1 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270050 2 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270051 3 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270052 4 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270053 5 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270054 6 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270055 7 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270056 8 B K8-2 8 $36,807.22 $294,457.76
47QFCA511270057 9 B K8-2 4 $36,807.22 $147,228.88
47QFCA511270057 9 B K8-1 4 $40,440.71 $161,762.84
47QFCA511270058 10 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270059 11 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270060 12 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270061 13 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270062 14 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270063 15 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270064 16 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270065 17 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270066 18 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270067 19 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270068 20 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270069 21 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270070 22 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270071 23 B K8-1 8 $40,440.71 $323,525.68
47QFCA511270072 24 B K8-1 8 $40,440.71 $323,525.68
192 $7,517,539.00 $5,412,628.08 $2,104,910.92
HII Mission Technologies Corp.
Amount Due
Truck 3 - May 2, 2025
Payment Due: In accordance with Modification No. 4
Amount Credited (72%
of Total Price for Crates 1-
24) against initial
payment made at award
IAW Modification No. 4,
Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement; and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in support of that proposal are made in good faith; the
supporting data are accurate and complete to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the amount that
Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or encumbrances of any kind.
Larson Isely
Chief Operating Officer
FAIRWINDS-0107
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 109 of 135 PageID#
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[Image verification annotation: Larson Isely Chief Operating Officer signature visible.]
entityobservation
Kyle Kolwicz
Read the anchor · page 135
Fairwinds Technologies LLC Invoice #: CYBLUX-1001B
6165 Guardian Gateway, Ste J Invoice Date: 7/9/2025
Aberdeen Proving Ground, MD 21005 Email: Kyle.kolwicz@Fairwinds-tech.com
Duns: 080308420 Invoice Terms: NET30
UEI# R3G6PWHQRAY5
Bill to:
Cyberlux Corporation
800 Park Offices Drive, Suite 3209
Research Triangle, NC 27709
Please accept this invoice for payment under Strategic Business Development, Service and Supply Teaming Agreement
between Fairwinds Technologies, LLC and Cyberlux Corporation executed on June 7th, 2023.
Invoice Period of Performance: Jul-25
Invoice Description Contract Value of 1,000 K-8
Variants
Due to Fairwinds
(8%)
8% Fee of first 1,000 K-8 variant drones sold and delivered $ 29,356,780.00 $ 2,348,542.40
INVOICE TOTAL $2,348,542.40
Please send payment via electronic transfer to:
Sandy Spring Bank, 17801 Georgia Avenue, Olney, Maryland 20832
Account Number: 1616740306; Routing Number: 055001096
If paying by check, please mail to: Fairwinds Technologies LLC, 920 Melvin Rd, Annapolis, MD 21403
Regards,
Kyle Kolwicz
Chief Operating Officer
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 135 of 135 PageID#
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[Image verification annotation: Kyle Kolwicz Chief Operating Officer signature visible; demand2348542.40.]
entityobservation
Collin Ramsey
Read the anchor · page 31
Page of PREVIOUS EDITION IS OBSOLETE.
DD FORM 250, AUG 2000
MATERIAL INSPECTION AND RECEIVING REPORT
OMB No. 0704-0248
OMB approval expires:
20240131
The public reporting burden for this collection of information is estimated to average 3 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the
burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision
of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE ABOVE ORGANIZATION.
SEND THIS FORM IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE DFARS, APPENDIX F-401.
1. PROCUREMENT INSTRUMENT IDENTIFICATION
(CONTRACT) NO. ORDER NO. 2. SHIPMENT NO. 3. DATE SHIPPED
(YYYYMMDD)
4. B/L
TCN
5. DISCOUNT TERMS 6. INVOICE NO. DATE(YYYYMMDD)
7. PAGE OF
8. ACCEPTANCE POINT
9. PRIME CONTRACTOR CODE : 10. ADMINISTERED BY CODE :
11. SHIPPED FROM (If other than 9) CODE : FOB: 12. PAYMENT WILL BE MADE BY CODE :
13. SHIPPED TO CODE : 14. MARKED FOR CODE :
15.
ITEM NO.
16. STOCK/PART NUMBER AND DESCRIPTION
(Indicate number of shipping containers - type of container - container number.)
17. QUANTITY
SHIPPED/RECEIVED*
18.
UNIT
19.
UNIT PRICE
20.
AMOUNT
21. CONTRACT QUALITY ASSURANCE
a. ORIGIN
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
b. DESTINATION
CQA ACCEPTANCE of listed items
has been made by me or under my supervision and
they conform to contract, except as noted herein or
on supporting documents.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
22. RECEIVER'S USE
Quantities shown in column 17 were received in apparent
good condition except as noted.
DATE (YYYYMMDD) SIGNATURE OF AUTHORIZED
GOVERNMENT REPRESENTATIVE
TYPED NAME:
TITLE:
MAILING ADDRESS:
COMMERCIAL
TELEPHONE NUMBER:
* If quantity received by the Government is the same as
quantity shipped, indicate by (X) mark; if different, enter
actual quantity received below quantity shipped and encircle.
23. CONTRACTOR USE ONLY
BPC CASE NW-P-LDA / GS00Q140ADU109 TDL1-023 2 20231111
241998
PNWA9432056002AXX
20231110 1 1
SPRING, TX
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
FEDSIM / DMATS CONTRACT #: GS00Q140ADU109
CYBERLUX
21631 Rhodes Rd. Suite A 105
Spring TX 77388
HII
12730 FAIR LAKES CIR.
FAIRFAX, VA 22033
Dover Air Force Base - FY9125
436 APS/TRTCI
550 Atlantic Street, Dover AFB, DE 19902
POLAND
1
Flighteye Model K8-1 Drone System 24 EA $40500.00 972,000
2
Flighteye Model K8-2 Drone System 48 EA $36900.00 1,771,200
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:00 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
20231116 RAMSEY.COLLIN.LYLE.159529
5714
Digitally signed by
RAMSEY.COLLIN.LYLE.1595295714
Date: 2023.11.16 20:41:10 -05'00'
Collin Ramsey
Mechanical Engineer
NSWC Crane, BLDG 3395, 300 HWY 361
Crane, IN 47522-5001
812-854-1303
FAIRWINDS-0029
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 31 of 135 PageID#
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[Image verification annotation: Origin ACCEPTANCE checked; CQA unchecked; product received boxes checked; receiver-use signed16November2023 by Collin Ramsey; destination unchecked.]
eventattribution
Hutchinson and Schmidt sign the initial teaming agreement.
Read the anchor · page 7
pg. 5
IN WITNESS WHEREOF, the Parties represent and warrant that this Agreement is executed by duly
authorized representatives of each Party as set forth below on the date first stated above.
Contractual Points of Contact:
Company: Fairwinds Technologies LLC Company: Cyberlux Corporation
Signature Date Signature Date
Name: Amber Hutchinson Name: Mark Schmidt
Title: Director of Contract Management Title: CEO
Address: 920 Melvin Road
Annapolis MD 21403
Address: 800 Park Offices Drive suite 3209
Research Triangle Park, NC 27709
Phone: 843-344-6581 Phone: 919-434-6608
E-mail: amber.hutchinson@fairwindstech.com
E-mail: mschmidt@cyberlux.com
10/3/2022 10/03/2022
FAIRWINDS-0020
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 7 of 135 PageID#
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[Image verification annotation: Both signatures visible3October2022.]
eventattribution
Both parties sign the8% amendment.
Read the anchor · page 11
services, except that Cyberlux can enter in any agreements necessary should Fairwinds not be in a
position to offer mutually agreed prime or reseller services. Should this occur, Fairwinds is
entitled to 8% of the Contract value for up to a total cumulative number of 1000 drone units, as
defined in the amended Exhibit A – Statement of Work.”
1.3) Exhibit A of the Existing Agreement, which specifies the payment to Fairwinds if the
drones were sold through a party other than Fairwinds, is amended by deleting “10%”
and inserting in its place “8%”. Also, replacing in the same sentence the words “1000
variants” with “a total of 1000 units from the total cumulative awarded units.”
2) Continuation of Existing Agreement. Except for the amendments made in this Amendment
Agreement, every aspect of the Existing Agreement remains unchanged and in full effect.
3) Merger. This Amendment Agreement constitutes the final, complete, and exclusive agreement
between the parties on the matters contained in this Amendment Agreement. All earlier and
contemporaneous negotiations and agreements between the parties on the matter contained in this
Amendment Agreement are expressly merged into and superseded by this Amendment
Agreement.
4) Governing Law. The laws of the state of Delaware (without giving effect to its conflicts of law
principles) govern all matters arising under and relating to this Amendment Agreement, including
torts.
5) Counterparts. The parties may execute this Amendment Agreement in one or more counterparts,
each of which is an original, and all of which constitute only one agreement between the parties.
To evidence the parties’ agreement to this Amendment Agreement, they have signed, executed, and
delivered it as shown below.
Fairwinds Technologies LLC
Signature:
_________________ By:
Amber Hutchinson
Title: IDIQ Director
Date: 6/6/2023
Cyberlux Corporation
FAIRWINDS-0002
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 11 of 135 PageID#
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[Image verification annotation: Hutchinson signature and6June2023 date visible.]
eventattribution
Both parties sign the strategic services and supply agreement.
Read the anchor · page 21
9
SIGNATURE AND AUTHORIZATION
EACH PARTY REPRESENTS THAT IT HAS READ THIS DOCUMENT IN ITS ENTIRETY
AND AGREES TO PERFORM IN ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED HEREIN.
IN WHITNESS WHEREOF, the Parties hereto have caused this agreement to be signed,
delivered, and executed by their duly authorized signatories on the dates set forth below.
FAIRWINDS TECHNOLOGIES
BY:________________
NAME: Amber Hutchinson
TITLE: IDIQ Director
DATE:
CYBERLUX CORPORATION
BY:__________________________
NAME: Mark Schmidt
TITLE: President and CEO
DATE: June 7, 2023
06/07/2023
FAIRWINDS-0012
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 21 of 135 PageID#
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eventattribution
Schmidt calculation circulated in email chain.
Read the anchor · page 25
1
Dantin, Joanna
From: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Sent: Tuesday, July 8, 2025 6:09 PM
To: Robert Miller; Toby Wirth
Subject: FW: Commission calculation
Attachments: Fairwinds Commission Calculation.xlsx; PNWA9432056002AXX DD Form 250 (pg. 1) -
Cyberlux - Signed.pdf; PNWA9432056002BXX DD Form 250 (pg. 1) - Cyberlux -
Signed.pdf; PNWA9432056002CXX DD Form 250 - Cyberlux - Signed.pdf;
PNWA9432056002CXX DD Form 250 2 - Cyberlux - Signed.pdf; Invoice for Truck 1
_Final.pdf; Truck 1 Signed DD250s_corrected_05212025.pdf; Invoice for Truck 2
_Final.pdf; Truck 2 Signed DD250s.pdf; Truck 3 - Signed DD250s.pdf; Truck 3 - Signed
Invoice.pdf; Truck 4 - DD250s_05062025.pdf; Truck 4 - Invoice - Signed.pdf
Thoughts on next steps? I will send a revised invoice tomorrow for $2.3M.
Jim Sprungle
CEO
443.223.0301
fairwinds-tech.com
From: Mark Schmidt <mschmidt@cyberlux.com>
Sent: Tuesday, July 8, 2025 7:01 PM
To: Jim Sprungle <james.sprungle@fairwinds-tech.com>
Cc: Loren Buck <lbuck@cyberlux.com>
Subject: Fw: Commission calculation
WARNING - EXTERNAL EMAIL - This email originated from outside of the organization. Do not click links
or open attachments unless you recognize the sender and know the content is safe.
(This is a resend due to size. I put the rest of the invoices and DD250s in a second email.)
Jim, please find the attached spreadsheet on the applicable 1000 drone shipment commission. I've
included all the applicable invoices and the DD250s for all the drone shipments for transparency. With
the SWO and ultimate contract modification, there are a few elements to the calculation. Loren and I are
available to answer any questions and to step through the spreadsheet as you'd like.
V/R - Mark
Mark Schmidt | President and CEO
FAIRWINDS-0023
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 25 of 135 PageID#
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eventattribution
Fairwinds issues CYBLUX-1001B.
Read the anchor · page 135
Fairwinds Technologies LLC Invoice #: CYBLUX-1001B
6165 Guardian Gateway, Ste J Invoice Date: 7/9/2025
Aberdeen Proving Ground, MD 21005 Email: Kyle.kolwicz@Fairwinds-tech.com
Duns: 080308420 Invoice Terms: NET30
UEI# R3G6PWHQRAY5
Bill to:
Cyberlux Corporation
800 Park Offices Drive, Suite 3209
Research Triangle, NC 27709
Please accept this invoice for payment under Strategic Business Development, Service and Supply Teaming Agreement
between Fairwinds Technologies, LLC and Cyberlux Corporation executed on June 7th, 2023.
Invoice Period of Performance: Jul-25
Invoice Description Contract Value of 1,000 K-8
Variants
Due to Fairwinds
(8%)
8% Fee of first 1,000 K-8 variant drones sold and delivered $ 29,356,780.00 $ 2,348,542.40
INVOICE TOTAL $2,348,542.40
Please send payment via electronic transfer to:
Sandy Spring Bank, 17801 Georgia Avenue, Olney, Maryland 20832
Account Number: 1616740306; Routing Number: 055001096
If paying by check, please mail to: Fairwinds Technologies LLC, 920 Melvin Rd, Annapolis, MD 21403
Regards,
Kyle Kolwicz
Chief Operating Officer
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 135 of 135 PageID#
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[Image verification annotation: Kyle Kolwicz Chief Operating Officer signature visible; demand2348542.40.]
eventattribution
Wirth signs the filed declaration.
Read the anchor · page 2
2
#111559141v1
to Fairwinds by Cyberlux in connection with the Contract. True and correct copies of the email
and attached spreadsheet are attached as Exhibit 3 to this Declaration.
6. Mr. Schmidt also attached invoices evidencing the sale of the Drones from
Cyberlux to HII upon which he based the calculations in the spreadsheet. True and correct copies
of those invoices are attached as Exhibit 4 to this declaration.
7. On July 9, 2025, Fairwinds sent Cyberlux an invoice for $2,348.542.40, the amount
owed by Cyberlux to Fairwinds in connection with the Contract, a true and correct copy of which
is attached as Exhibit 5 to this Declaration.
I declare under penalty of perjury the foregoing is true and correct.
Executed this 15th day of April, 2026.
Thomas O. Wirth
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 2 of 135 PageID#
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[Image verification annotation: Visible Thomas O. Wirth signature; paragraph7 amount literal punctuation retained.]
inferenceinference
The contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconcile
The contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
inferenceinference
This compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms exp
This compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
inferenceinference
The located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. T
The located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. They do not by themselves establish fraud or eliminate the independently visible commercial demand.
otherattribution
Complete supplied 135-page source reviewed at SHA-256 33ec6ec6ee40de29dc04ee138c46e2cb8c1515564c0dc8e4f40e2cbf5060b799. Source assertions, o
Complete supplied 135-page source reviewed at SHA-256 33ec6ec6ee40de29dc04ee138c46e2cb8c1515564c0dc8e4f40e2cbf5060b799. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own full native reading of pages1–35 and own full image reading36–135, with additional signature/table image checks2,7,11,12,21,30–35. Source exact SHA25633ec6ec6ee40de29dc04ee138c46e2cb8c1515564c0dc8e4f40e2cbf5060b799. Fingerprinted OCR was only a preparation aid; DD250 reading text is manually structured from individually read images, including all rows, seals, checked and blank material fields. No other version substituted; no hidden or crossed-out illegible text reconstructed.
Read the anchor · page 1
#111559141v1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
HII MISSION TECHNOLOGIES CORP.,
Interpleader Plaintiff
v.
CYBERLUX CORPORATION, et al.,
Interpleader Defendants/Claimants
Civil Action No: 3:25-cv-483-JAG
DECLARATION OF THOMAS O. WIRTH
I, Thomas O. Wirth, make the following declaration under penalty of perjury pursuant to
28 U.S.C. § 1746.
1. I am the General Counsel of Fairwinds Technologies, LLC (“Fairwinds”). This
declaration is based on my personal knowledge, information, and belief.
2. On October 3, 2022, Fairwinds entered into a Teaming Agreement (“TA”) with
Cyberlux Corporation, a true and correct copy of which is attached as Exhibit 1 to this Declaration.
3. The U.S. government awarded HII Mission Technologies Corp. (“HII”) the prime
contract for the Model K8 Aircrafts (the “Drones”) referenced in the TA.
4. After the award of the prime contract, on June 7, 2023, Fairwinds entered into a
Strategic Business Development, Service and Supply Teaming contract (the “Contract”), whereby
Cyberlux agreed to pay Fairwinds a commission of eight percent (8%) of the purchase price of the
first 1000 Drones delivered to HII in exchange for the services Fairwinds provided, as described
in the Contract. A true and correct copy of the Contract is attached as Exhibit 2 to this Declaration.
5. On July 8, 2025, Cyberlux’s Chief Executive Officer, Mark Schmidt, sent
Fairwinds’ Chief Executive Officer an email attaching a spreadsheet setting forth the amount owed
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 1 of 135 PageID#
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questionquestion
What reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout
What reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
questionquestion
Which complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier an
Which complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier and seller lien-free certifications?
questionquestion
What reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout
What reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
claimallegation
Filed commission calculation
A filed Fairwinds exhibit calculates original-contract shipments at 392 units and $14,954,400, and labels 1,608 units and $43,759,160 as the closeout modification.
Read the anchor · page 30
5,558,831.25$
CLIN 0003 Profit 20230829-HII-1023 210,537.78$ 25,769,369.03$
Due: Commission Calculation
CLIN 0001 20,982,554.41$ Drones Payment
CLIN 0002/0003 Cost 2,757,254.39$ 392 14,954,400$ Original Contract
CLIN 0004 1,615,972.07$ 1608 43,759,160$ Closeout Modification
CLIN 0002/0003 Profit 413,588.16$ 2000 58,713,560$
Total Due 25,769,369.03$ 29,357$ Per unit average
29,356,780$ 1000 units
CYBL 2,348,542$ 8% Commission
Original Contract Shipments DD250s Qty Unit Price Amount
PNWA9432056002AXX K8-1 Drone 24 $40,500.00 $972,000.00 Notes:
K8-2 Drone 48 $36,900.00 $1,771,200.00 CLIN 0001 is the shipping of drones in closeout modification.
Other CLINs related to expense reimbursement
claimallegation
Cyberlux settlement certification
A filed invoice states that Cyberlux certified delivery under Modification 4, the good-faith and accuracy of its termination-settlement proposal, and that delivered goods were free of third-party liens and claims.
Read the anchor · page 35
Total
Truck 1 - April 25, 2025
Amount Credited
Against Initial
Payment Made at
Award IAW
Modification No.
4, Attachment A
In accordance with Modification No. 4, Section 5, Cyberlux hereby certifies as follows:
1. Cyberlux has delivered the goods identified in the invoice in compliance with this Agreement;
and
2. Cyberlux’s Termination Settlement Proposal of February 15, 2025 and all statements made in
support of that proposal are made in good faith; the supporting data are accurate and complete
to the best of Cyberlux’s knowledge and belief; and the amount claimed accurately reflects the
amount that Cyberlux believes it is entitled to receive under the Subcontract; and
3. All goods delivered by Cyberlux are free and clear of any third-party liens, claims, or
encumbrances of any kind.
Aaron Goodman
Chief Of Staff
FAIRWINDS-0033
Case 3:25-cv-00483-JAG Document 178-1 Filed 04/15/26 Page 35 of 135 PageID#
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observation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
The exhibit set was filed on 15 April 2026 in the HII interpleader action.supports{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}
This reviewed database occurrence and exact public source passage document the dated event in the public chronology.
A filed invoice states that Cyberlux certified delivery under Modification 4, the good-faith and accuracy of its termination-settlement proposal, and that delivered goods were free of third-party liens and claims.relates to{"chapter":27,"exposure_lens":"The prime-contractor exposure inquiry asks what HII submitted or accepted, who knew what, and whether the procurement, payment and settlement files support the decision made.","responsibility":"Supplier selection, price, subcontract administration, advance controls, inspection, termination and Government submissions.","sequence":327,"unit_key":"CH27"}
The controlling book database maps the source supporting this allegation to Part III, Chapter 27. This is a reviewed source-to-publication link, not a name match.
A filed Fairwinds exhibit calculates original-contract shipments at 392 units and $14,954,400, and labels 1,608 units and $43,759,160 as the closeout modification.relates to{"chapter":27,"exposure_lens":"The prime-contractor exposure inquiry asks what HII submitted or accepted, who knew what, and whether the procurement, payment and settlement files support the decision made.","responsibility":"Supplier selection, price, subcontract administration, advance controls, inspection, termination and Government submissions.","sequence":327,"unit_key":"CH27"}
The controlling book database maps the source supporting this allegation to Part III, Chapter 27. This is a reviewed source-to-publication link, not a name match.
A filed Fairwinds exhibit calculates original-contract shipments at 392 units and $14,954,400, and labels 1,608 units and $43,759,160 as the closeout modification.supportsA filed Fairwinds exhibit calculates original-contract shipments at 392 units and $14,954,400, and labels 1,608 units and $43,759,160 as the closeout modification.
This database-linked source passage is the reviewed documentary support mapped to the allegation in the controlling book version.
A filed invoice states that Cyberlux certified delivery under Modification 4, the good-faith and accuracy of its termination-settlement proposal, and that delivered goods were free of third-party liens and claims.supportsA filed invoice states that Cyberlux certified delivery under Modification 4, the good-faith and accuracy of its termination-settlement proposal, and that delivered goods were free of third-party liens and claims.
This database-linked source passage is the reviewed documentary support mapped to the allegation in the controlling book version.
{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}relates to{"chapter":27,"exposure_lens":"The prime-contractor exposure inquiry asks what HII submitted or accepted, who knew what, and whether the procurement, payment and settlement files support the decision made.","responsibility":"Supplier selection, price, subcontract administration, advance controls, inspection, termination and Government submissions.","sequence":327,"unit_key":"CH27"}
The controlling book publication map connects this dated event to Part III, Chapter 27. The connection follows stored event/source and publication identifiers.
Fairwinds invoice CYBLUX-1001B,9 July2025, NET30, July performance period, bills Cyberlux $2,348,542.40 as8% of $29,356,780 for the first1,000 K8 variants sold and delivered under the7 June2023 agreement. Kyle Kolwicz signs as COO. Bank-transfer and cheque instructions are provided, but no payment receipt or bank confirmation is attached.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
The amendment replaces 10% with 8% and changes the quantity wording to a total of 1,000 units from total cumulative awarded units. It continues unchanged terms, contains a merger clause limited to the amendment’s subject and selects Delaware law. The cumulative wording matters to subsequent averaging; it is not silently replaced by a chronological-first-1,000 rule.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
All 24 third-truck DD250s mark only ORIGIN CQA, signed29 April2025, with handwritten Property Administrator identity fields; no destination/receiver acceptance is completed. The first eight crates are K8-2, crate9 has four of each model, and remaining crates are K8-1. Every seal and quantity is retained in the image-verified reading transcription.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
All 24 first-truck DD250s mark ORIGIN CQA, leave ORIGIN ACCEPTANCE empty, leave destination CQA/acceptance empty and leave receiver-use fields empty. They show handwritten origin signatures dated 24 April 2025, Property Administrator title and a Douglas surname not confidently resolved. An acceptance-point label of Spring is not a checked acceptance.supportsThis compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
Specifically named source propositions support the bounded distinction or question.
Strategic section 3.3 provides Fairwinds an 8% consulting/business-support fee on the first 1,000 K8 variants sold when the government requires another prime or reseller; section 4.1 ties payment timing to funds received. A sale invoice alone does not establish that receipt condition.supportsThe contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
Specifically named source propositions support the bounded distinction or question.
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not contain the complete operative Modification4, all eight trucks’ DD250s/invoices, proof of receipt of funds, actual performance of every Fairwinds service, or an adjudication fixing the commission or lien priority.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
All 24 third-truck DD250s mark only ORIGIN CQA, signed29 April2025, with handwritten Property Administrator identity fields; no destination/receiver acceptance is completed. The first eight crates are K8-2, crate9 has four of each model, and remaining crates are K8-1. Every seal and quantity is retained in the image-verified reading transcription.supportsThis compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
Specifically named source propositions support the bounded distinction or question.
The spreadsheet lists original-contract 392 drones at $14,954,400 plus 1,608 closeout units at rounded $43,759,160, yielding 2,000 at $58,713,560. It uses a per-unit average (displayed $29,357), values 1,000 at $29,356,780 and displays the 8% commission rounded to $2,348,542. This is a disclosed averaging method, not a chronological selection of the first 1,000 individual drones.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
All 24 fourth-truck DD250s mark only ORIGIN CQA with5 May2025 signatures; acceptance, destination and receiver-use fields remain blank. Crates1–15 contain eight K8-1 each, crate16 four K8-1 plus four K8-2, and crates17–24 eight K8-2 each. The handwritten surname remains unresolved rather than identity-merged.supportsThis compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
Specifically named source propositions support the bounded distinction or question.
The amendment replaces 10% with 8% and changes the quantity wording to a total of 1,000 units from total cumulative awarded units. It continues unchanged terms, contains a merger clause limited to the amendment’s subject and selects Delaware law. The cumulative wording matters to subsequent averaging; it is not silently replaced by a chronological-first-1,000 rule.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not contain the complete operative Modification4, all eight trucks’ DD250s/invoices, proof of receipt of funds, actual performance of every Fairwinds service, or an adjudication fixing the commission or lien priority.supportsThe contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
Specifically named source propositions support the bounded distinction or question.
Truck 4 invoice is dated6 May for shipment4 on5 May2025 and totals192 units,124 K8-1 and68 K8-2, with the same gross/credit/net as truck3. It is a separate shipment with different crate composition and seals. It also prints invoice1016, whereas the spreadsheet labels truck4 invoice1017; the source is not silently renumbered.supportsWhich complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier and seller lien-free certifications?
Specifically named source propositions support the bounded distinction or question.
Strategic section 3.3 provides Fairwinds an 8% consulting/business-support fee on the first 1,000 K8 variants sold when the government requires another prime or reseller; section 4.1 ties payment timing to funds received. A sale invoice alone does not establish that receipt condition.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
All 24 second-truck DD250s again mark only ORIGIN CQA, dated28 April2025; destination and receiver-use fields are blank. Unlike the preceding set, origin typed name and title fields are blank. Pages73 and74 contain X marks in the quantity column on a seal-description row, while product-quantity and acceptance boxes remain empty; those marks are not treated as completed acceptance.supportsThis compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
Specifically named source propositions support the bounded distinction or question.
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not contain the complete operative Modification4, all eight trucks’ DD250s/invoices, proof of receipt of funds, actual performance of every Fairwinds service, or an adjudication fixing the commission or lien priority.supportsWhich complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier and seller lien-free certifications?
Specifically named source propositions support the bounded distinction or question.
The spreadsheet lists original-contract 392 drones at $14,954,400 plus 1,608 closeout units at rounded $43,759,160, yielding 2,000 at $58,713,560. It uses a per-unit average (displayed $29,357), values 1,000 at $29,356,780 and displays the 8% commission rounded to $2,348,542. This is a disclosed averaging method, not a chronological selection of the first 1,000 individual drones.supportsThe contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
Specifically named source propositions support the bounded distinction or question.
The compilation links Fairwinds’ private commission claim to Cyberlux’s HII shipment accounting and seller certifications. It does not contain the complete operative Modification4, all eight trucks’ DD250s/invoices, proof of receipt of funds, actual performance of every Fairwinds service, or an adjudication fixing the commission or lien priority.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
The second through fourth invoice tables print DD250 identifiers with an additional zero compared with their accompanying forms (for example47QFCA511270025 versus47QFCA51127025). Matching crate, composition and sequence supports a correspondence, but the distinct literal identifiers are preserved rather than silently unified.supportsThe located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. They do not by themselves establish fraud or eliminate the independently visible commercial demand.
Specifically named source propositions support the bounded distinction or question.
All 24 first-truck DD250s mark ORIGIN CQA, leave ORIGIN ACCEPTANCE empty, leave destination CQA/acceptance empty and leave receiver-use fields empty. They show handwritten origin signatures dated 24 April 2025, Property Administrator title and a Douglas surname not confidently resolved. An acceptance-point label of Spring is not a checked acceptance.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Unlike the 2025 closeout forms, all four original DD250s mark ORIGIN ACCEPTANCE (not CQA), mark the product quantities received, and complete receiver-use signature fields. Collin Ramsey is named on 16 November, 8 December and 12 December 2023; Samuel Wilson on 29 November. Destination CQA/acceptance remain unmarked. This records those specific 392 units’ stated acceptance/receipt, not acceptance of later units or proof of final Polish delivery.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Fairwinds invoice CYBLUX-1001B,9 July2025, NET30, July performance period, bills Cyberlux $2,348,542.40 as8% of $29,356,780 for the first1,000 K8 variants sold and delivered under the7 June2023 agreement. Kyle Kolwicz signs as COO. Bank-transfer and cheque instructions are provided, but no payment receipt or bank confirmation is attached.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Unlike the 2025 closeout forms, all four original DD250s mark ORIGIN ACCEPTANCE (not CQA), mark the product quantities received, and complete receiver-use signature fields. Collin Ramsey is named on 16 November, 8 December and 12 December 2023; Samuel Wilson on 29 November. Destination CQA/acceptance remain unmarked. This records those specific 392 units’ stated acceptance/receipt, not acceptance of later units or proof of final Polish delivery.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Unlike the 2025 closeout forms, all four original DD250s mark ORIGIN ACCEPTANCE (not CQA), mark the product quantities received, and complete receiver-use signature fields. Collin Ramsey is named on 16 November, 8 December and 12 December 2023; Samuel Wilson on 29 November. Destination CQA/acceptance remain unmarked. This records those specific 392 units’ stated acceptance/receipt, not acceptance of later units or proof of final Polish delivery.supportsThis compilation itself demonstrates why a DD250 label or signature cannot be used as a blanket acceptance claim: original392-unit forms explicitly mark acceptance/receipt, while all96 closeout forms mark CQA only. The latter can support inspection chronology without proving acceptance or payment.
Specifically named source propositions support the bounded distinction or question.
Fairwinds invoice CYBLUX-1001B,9 July2025, NET30, July performance period, bills Cyberlux $2,348,542.40 as8% of $29,356,780 for the first1,000 K8 variants sold and delivered under the7 June2023 agreement. Kyle Kolwicz signs as COO. Bank-transfer and cheque instructions are provided, but no payment receipt or bank confirmation is attached.supportsThe contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
Specifically named source propositions support the bounded distinction or question.
All 24 fourth-truck DD250s mark only ORIGIN CQA with5 May2025 signatures; acceptance, destination and receiver-use fields remain blank. Crates1–15 contain eight K8-1 each, crate16 four K8-1 plus four K8-2, and crates17–24 eight K8-2 each. The handwritten surname remains unresolved rather than identity-merged.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Strategic section 3.3 provides Fairwinds an 8% consulting/business-support fee on the first 1,000 K8 variants sold when the government requires another prime or reseller; section 4.1 ties payment timing to funds received. A sale invoice alone does not establish that receipt condition.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
The amendment replaces 10% with 8% and changes the quantity wording to a total of 1,000 units from total cumulative awarded units. It continues unchanged terms, contains a merger clause limited to the amendment’s subject and selects Delaware law. The cumulative wording matters to subsequent averaging; it is not silently replaced by a chronological-first-1,000 rule.supportsThe contracts support tracing a claimed8% entitlement, but the cumulative-award amendment and first1,000 strategic wording must be reconciled with the spreadsheet’s2000-unit average and receipt-of-funds trigger. A commission invoice is evidence of the demand, not final proof of quantum or maturity.
Specifically named source propositions support the bounded distinction or question.
All 24 second-truck DD250s again mark only ORIGIN CQA, dated28 April2025; destination and receiver-use fields are blank. Unlike the preceding set, origin typed name and title fields are blank. Pages73 and74 contain X marks in the quantity column on a seal-description row, while product-quantity and acceptance boxes remain empty; those marks are not treated as completed acceptance.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Truck 1 invoice and summary differ by $3 gross, $2.16 credit and $0.84 net. Invoice crate5 prices three Category B K8-1 at $40,441.71 ($121,325.13); DD250 page40 prints $40,440.71 and handwritten corrected $121,322.13. This locates the arithmetic discrepancy without attributing motive; crossed-out figures remain visible in the original and are not reconstructed where overlapped.supportsThe located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. They do not by themselves establish fraud or eliminate the independently visible commercial demand.
Specifically named source propositions support the bounded distinction or question.
The spreadsheet lists original-contract 392 drones at $14,954,400 plus 1,608 closeout units at rounded $43,759,160, yielding 2,000 at $58,713,560. It uses a per-unit average (displayed $29,357), values 1,000 at $29,356,780 and displays the 8% commission rounded to $2,348,542. This is a disclosed averaging method, not a chronological selection of the first 1,000 individual drones.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Truck 4 invoice is dated6 May for shipment4 on5 May2025 and totals192 units,124 K8-1 and68 K8-2, with the same gross/credit/net as truck3. It is a separate shipment with different crate composition and seals. It also prints invoice1016, whereas the spreadsheet labels truck4 invoice1017; the source is not silently renumbered.supportsThe located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. They do not by themselves establish fraud or eliminate the independently visible commercial demand.
Specifically named source propositions support the bounded distinction or question.
All 24 first-truck DD250s mark ORIGIN CQA, leave ORIGIN ACCEPTANCE empty, leave destination CQA/acceptance empty and leave receiver-use fields empty. They show handwritten origin signatures dated 24 April 2025, Property Administrator title and a Douglas surname not confidently resolved. An acceptance-point label of Spring is not a checked acceptance.supportsWhat reconciles the8% commission basis and payment maturity, and which records prove acceptance rather than merely CQA for the2025 closeout units?
Specifically named source propositions support the bounded distinction or question.
Truck 2 invoice1015 is dated 29 April 2025 for shipment2 on28 April, although its table heading says Truck1. Its 24 crates each contain eight Category B K8-2 at $36,807.22 ($294,457.76 per crate),192 units, gross $7,066,986.24, credit $5,088,230.09 and net $1,978,756.15. Goodman signs with printed title Chief Operating Office (literal wording).supportsThe located unit-price, invoice-number and identifier discrepancies require reconciliation against the underlying shipment/payment ledger. They do not by themselves establish fraud or eliminate the independently visible commercial demand.
Specifically named source propositions support the bounded distinction or question.
Truck 1 invoice and summary differ by $3 gross, $2.16 credit and $0.84 net. Invoice crate5 prices three Category B K8-1 at $40,441.71 ($121,325.13); DD250 page40 prints $40,440.71 and handwritten corrected $121,322.13. This locates the arithmetic discrepancy without attributing motive; crossed-out figures remain visible in the original and are not reconstructed where overlapped.supportsWhich complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier and seller lien-free certifications?
Specifically named source propositions support the bounded distinction or question.
All four Cyberlux invoices expressly certify under Modification4 section5 that delivered goods comply, the15 February2025 termination proposal and support are good-faith/accurate/complete to the best of knowledge and belief with claimed entitlement, and delivered goods are free of third-party liens/claims/encumbrances. Goodman signs the first two; Isely the latter two. These are affirmative seller certifications, not independent validation of those propositions.supportsWhich complete Modification4, shipment ledger and receipt-of-funds records resolve the3-dollar truck1 difference, repeated1016 identifier and seller lien-free certifications?
Specifically named source propositions support the bounded distinction or question.
WEIGH
Explained weighting
A score appears only when its components and change threshold are published.
No published WEIGH run
The active Website Edition contains no applied score snapshot for this source or its connected objects. That means not assessed—not zero.