Free Answer - District Court of Federal Claims - federal

Case 1:08-cv-00119-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-119C (Judge Christine O. C. Miller)

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT For its answer to the amended complaint, defendant admits, denies and alleges as follows: 1. The allegations contained in paragraph 1 are conclusions of law to which no response is

required; to the extent that they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 are denied for lack of knowledge or information

sufficient to form a belief as to the truth of the matters asserted. 3. 4. The allegations contained in paragraph 3 are admitted. The allegations contained in paragraph 4 are conclusions of law to which no response is

required; to the extent that they may be deemed allegations of fact, they are denied. 5. The allegations contained in paragraph 5 are conclusions of law to which no response is

required; to the extent that they may be deemed allegations of fact, they are denied. 6. The allegations contained in the first sentence of paragraph 6 are admitted. The

allegations contained in the second sentence of paragraph 6 are admitted except to note that "SPAWAR" stands for Space and Naval Warfare Systems Command. The allegations contained in the third sentence of paragraph 6 are admitted to the extent supported by the document cited, that is "Contract No. N68786-97-C-6461," which is the best evidence of its terms; otherwise, the allegations are denied.

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7.

The allegations contained in paragraph 7 are admitted to the extent supported by the

document cited, that is, the "Authorization to Purchase," which is the best evidence of its terms; otherwise, the allegations are denied. 8. The allegations contained in paragraph 8 are admitted to the extent supported by the

document cited, that is, "DoD, Guidance and Policy Memorandum No. 12-8430 - Acquiring Commercially Available Software, §§ 6.2.1 and 6.2.3 (July 26, 2000), which is the best evidence of its terms; otherwise, the allegations are denied. 9. The allegations contained in the first sentence of paragraph 9 are admitted to the extent

supported by the document cited, that is, "CA's BPA,"which is the best evidence of its terms; otherwise, the allegations are denied. The remaining allegations contained in paragraph 9 are denied for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 10. The allegations contained in paragraph 10 are admitted to the extent supported by the

documents cited, that is, the Army BPA and the GSA Schedule Contract, which are the best evidence of their terms; otherwise, the allegations are denied. 11. The allegations contained in the first sentence of paragraph 11 are denied for lack of

knowledge or information sufficient to form a belief as to the truth of the matters asserted The remaining allegations contained in paragraph 11 are admitted to the extent supported by the document cited, that is, "the first set of quotes," which is the best evidence of its terms; otherwise, the allegations are denied. 12. The allegations contained in paragraph 12 are admitted to the extent supported by the

document cited, that is, "the first set of quotes," which is the best evidence of its terms; 2

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otherwise, the allegations are denied.

13.

The allegations contained in the first sentence of paragraph 13 are denied for lack of

knowledge or information sufficient to form a belief as to the truth of the matters asserted The allegations contained in the second sentence of paragraph 13 are admitted to the extent supported by the document cited, that is, "CA's offer," which is the best evidence of its terms; otherwise, the allegations are denied. 14. The allegations contained in the first and third sentences of paragraph 14 are admitted to

the extent supported by the document cited, that is, "CA's offer," which is the best evidence of its terms; otherwise, the allegations are denied. The allegations contained in the second sentence of paragraph 14 are conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 15. The allegations contained in the first sentence of paragraph 15 are denied. The

remaining allegations contained in paragraph 15 are denied for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 16. The allegations contained in paragraph 16 are denied for lack of knowledge or

information sufficient to form a belief as to the truth of the matters asserted. 17. The allegations contained in paragraph 17 are denied for lack of knowledge or

information sufficient to form a belief as to the truth of the matters asserted. 18. The allegations contained in paragraph 18 are denied for lack of knowledge or

information sufficient to form a belief as to the truth of the matters asserted. 19. The allegations contained in the first sentence of paragraph 19 are denied for lack of 3

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knowledge or information sufficient to form a belief as to the truth of the matters asserted. The allegations contained in the second sentence of paragraph 19 are admitted to the extent supported by the document cited, that is, the "Navy's instructions to STG," which is the best evidence of its terms; otherwise, the allegations are denied. 20. The allegations contained in the first sentence of paragraph 20 are denied for lack of

knowledge or information sufficient to form a belief as to the truth of the matters asserted. The allegations contained in the second sentence of paragraph 20 are admitted to the extent supported by the document cited, that is, the "perpetual license provided under the GSA schedule," which is the best evidence of its terms; otherwise, the allegations are denied. The allegations contained in the third sentence of paragraph 20 are admitted to the extent supported by the document cited, that is, the "software license for the Unicenter TNG Base enterprise software," which is the best evidence of its terms; otherwise, the allegations are denied. The allegations contained in the fourth sentence of paragraph 20 are denied for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 21. The allegation contained in paragraph 21 that CA exercised its rights to revoke the

perpetual licenses are admitted to the extent supported by the document cited, that is, "the letter," which is the best evidence of its terms; otherwise, the allegations are denied. The remaining allegations contained in paragraph 21 are denied for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 22. The allegation contained in paragraph 22 is denied for lack of knowledge or information

sufficient to form a belief as to the truth of the matters asserted. 23. The allegations contained in paragraph 23 are denied for lack of knowledge or 4

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information sufficient to form a belief as to the truth of the matters asserted. 24. Defendant incorporates by reference its responses contained in paragraphs 1 through 23

of its answer as though fully set forth here. 25. The allegation contained in the first sentence of paragraph 25 is denied. The allegation

contained in the second sentence of paragraph 25 is admitted to the extent supported by the document cited, that is, "FAR § 51.102(f)(2)," which is the best evidence of its terms; otherwise, the allegations are denied. 26. 27. The allegation contained in paragraph 26 is denied. The allegation contained in the first sentence of paragraph 27 is denied for lack of

knowledge or information sufficient to form a belief as to the truth of the matters asserted. The allegation contained in the second sentence of paragraph 27 is denied. 28. Defendant incorporates by reference its responses contained in paragraphs 1 through 23

of its answer as though fully set forth here. 29. The allegation contained in paragraph 29 is a conclusion of law to which no response is

required; to the extent that it may be deemed an allegation of fact, it is denied. 30. The allegations contained in paragraph 30 that CA owns the intellectual property

practiced by, incorporated in, or represented by the CA software, is a conclusion of law to which no response is required. The allegation that the Navy accepted, installed, and used the software is admitted. 31. The allegations contained in paragraph 31is a conclusion of law to which no response is

required; to the extent that it may be deemed an allegation of fact, it is denied.

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32.

The allegation contained in paragraph 32 is a conclusion of law to which no response is

required; to the extent that it may be deemed an allegation of fact, it is denied. 33. 34. 35. The allegations contained in paragraph 33 are denied. Defendant denies each and every allegation not previously admitted or denied. Defendant denies the plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 33 of the complaint, or to any relief whatsoever. WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director James Y. Miyazawa Associate Counsel Department of the Navy Office of the General Counsel 2555 Sports Arena Blvd. San Diego CA 92115 s/ Leslie Cayer Ohta LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street NW Attn: Classification Unit, 8th Floor Washington, D.C. 20530 202-307-0252 202-307-0972 (Fax) Attorneys for Defendant 6

May 23, 2008