Free Answer - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MRAG AMERICAS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: The allegations contained in plaintiff's introductory paragraph constitute conclusions of law, and plaintiff's characterization of its case, to which no answer is required; to the extent they are deemed allegations of fact, they are denied. 1. The allegations contained in the first sentence of paragraph 1 are conclusions of

No. 07-719C (Judge Horn)

law and plaintiff's characterization of its case, to which no answer is required; to the extent they are deemed allegations of fact, they are denied; admitted to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 1. Denies the allegations contained in the second sentence of paragraph 1. Admits the allegations contained in the third and fourth sentences of paragraph 1 to the extent supported by contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 1. 2. Denies the allegations contained in the first sentence of paragraph 2 that "MRAG

performed all required services under both contracts"; admits the remainder of the allegations contained in the first sentence of paragraph 2 to the extent supported by the submitted invoices

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cited, which are the best evidence of their contents; otherwise denies the remaining allegations contained in the first sentence of paragraph 2. Admits the allegations contained in the second sentence of paragraph 2 to the extent that defendant has "paid some of MRAG's invoices," and has not paid Invoices 1252, 1273, 1318, and 1349 under the Gulf Coast contract, and Invoice 1331 under the South Atlantic contract; otherwise denies the allegations contained in the second sentence of paragraph 2. Admits the allegations contained in the third sentence of paragraph 2 to the extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations in the third sentence of paragraph 2. 3. The allegations contained in paragraph 3 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 4. The allegations contained in the first sentence of paragraph 4 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second, third, fourth, fifth and sixth sentences of paragraph 4 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 4. 5. The allegations contained in the first sentence of paragraph 5 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 5. Admits the allegations contained in the third sentence of paragraph 5 to the extent supported by the contracts cited, which are the best 2

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evidence of their contents; otherwise denies the allegations contained in the third sentence of paragraph 5. The allegations contained in the fourth and fifth sentences of paragraph 5 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 6. Denies the allegations contained in paragraph 6 for lack of knowledge or

information sufficient to form a belief as to their truth. 7. 8. Admits. The allegations contained in paragraph 8 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 9. The allegations contained in paragraph 9 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. Admits the allegations contained in paragraph 10 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. Admits the allegations contained in paragraph 11 to the extent supported by the

contract and modification cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 11. 12. Admits the allegations contained in paragraph 12 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 12. 3

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13.

Admits the allegations contained in paragraph 13 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 13. 14. Admits the allegations contained in paragraph 14 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 14. 15. Admits the allegations contained in paragraph 15 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 15. 16. Admits the allegations contained in paragraph 16 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 16. 17. Admits the allegations contained in paragraph 17 to the extent supported by the

contract referenced, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 17. 18. Denies the allegations contained in the first sentence of paragraph 18. Denies the

allegations contained in the second sentence of paragraph 18, that defendant designed the data collection program; otherwise, admits the allegations contained in the second sentence of paragraph 18 to the extent that the SOW provided for six tasks, including 1) providing and organizing the training of qualified interviewers; 2) developing a sample design and selecting a sample sufficient to obtain 335 completed surveys; 3) revising the survey instrument, preparing documentation necessary to obtain OMB clearance, and making any changes OMB required; 4) 4

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providing at least 335 completed surveys; 5) creating a survey database; and 6) providing quarterly progress reports and a final project report; otherwise denies the allegations contained in the second sentence of paragraph 18. Admits the allegations contained in the third and fourth sentences of paragraph 18 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 18. 19. Admits the allegations contained in paragraph 19 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 19. 20. Admits the allegations contained in paragraph 20 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 20 and specifically denies that the Government designed the data collection program. 21. Admits the allegations contained in paragraph 21 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 21. 22. Admits the allegations contained in paragraph 22 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 22. 23. Admits the allegations contained in paragraph 23 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 23. 24. Denies the allegations contained in the first and second sentences of paragraph 24. 5

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Admits the allegations contained in the third, fourth and fifth sentences of paragraph 24 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third, fourth and fifth sentences of paragraph 24. 25. Admits the allegations contained in paragraph 25 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 25. 26. Admits the allegations contained in paragraph 26 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 26. 27. Admits the allegations contained in paragraph 27 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 27. 28. The allegations contained in paragraph 28 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 29. Admits the allegations in the first sentence of paragraph 29 to the extent that

plaintiff organized some training meetings in consultation with the Government; otherwise denies the allegations contained in the first sentence of paragraph 29. The allegations contained in the second sentence of paragraph 29 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the third sentence of paragraph 29 for lack of knowledge or information sufficient to form a belief as to their truth. 6

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30.

The allegations contained in the first sentence of paragraph 30 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations in the second sentence of paragraph 30 that "NOAA estimated a response rate of 60 percent"; admits the remainder of the allegations contained in the second sentence of paragraph 30 to the extent supported by the document cited, which is the best evidence of its content; otherwise denies the remainder of the allegations contained in the second sentence of paragraph 30. Admits the allegations contained in the third sentence of paragraph 30 to the extent that 60 percent of 559 is 335; otherwise denies the remainder of the allegations contained in the third sentence of paragraph 30. Denies the allegations contained in the fourth sentence of paragraph 30 to the extent that plaintiff "selected a sample of 2,100 fishing craft owners" for lack of knowledge or information sufficient to form a belief as to their truth; denies the remaining allegations in the fourth sentence of paragraph 30. Denies the allegations contained in the fifth sentence of paragraph 30. 31. 32. Admits. The allegations contained in the first sentence of paragraph 32 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second, third, fourth, fifth and sixth sentences of paragraph 32 for lack of knowledge or information sufficient to form a belief as to their truth. 33. The allegations contained in the first sentence of paragraph 33 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to 7

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the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second, third, fourth, fifth, and sixth sentences of paragraph 33 for lack of knowledge or information sufficient to form a belief as to their truth. The allegations contained in the seventh sentence of paragraph 33 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that "MRAG obtained 57 completed surveys"; otherwise, denies the allegations contained in the seventh sentence of paragraph 33. 34. Denies the allegations contained in the first sentence of paragraph 34 that "MRAG

entered all collected data" for lack of knowledge or information sufficient to form a belief as to their truth; the remainder of the allegations contained in the first sentence of paragraph 34 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 34 to the extent that plaintiff "worked closely with NOAA's Contracting Officer's Technical Representative" in attempting to "modify and correct the database and the data entered into the system"; otherwise denies the allegations contained in the second sentence of paragraph 34. Denies the allegations contained in the third sentence of paragraph 34. 35. The allegations contained in the first sentence of paragraph 35 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 35 that plaintiff submitted "quarterly progress reports"; admits the allegations contained in the second sentence of paragraph 35 to the extent 8

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that defendant received documents titled "Progress Report" in May 2004, October 2004, February 2005, April 2005, and September 2005; otherwise denies the allegations contained in the second sentence of paragraph 35. Denies the allegations contained in the third sentence of paragraph 35. 36. Admits the allegations in paragraph 36 to the extent that plaintiff submitted some

invoices; the remaining allegations in paragraph 36 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 37. Admits the allegations contained in the first sentence of paragraph 37 to the extent

that defendant received a documented titled "Invoice 1199" for $19,823.03; otherwise denies the allegations contained in the first sentence of paragraph 37. Admits the allegations contained in the second sentence of paragraph 37 that on March 3, 2005, the Government paid $19,823.03 to plaintiff; otherwise denies the allegations contained in the second sentence of paragraph 37. 38. Admits the allegations contained in the first sentence of paragraph 38 to the extent

that defendant received a document titled "Invoice 1229" for $32,995.99; otherwise denies the allegations contained in the first sentence of paragraph 38. Admits the allegations contained in the second sentence of paragraph 38 to the extent that "the Government paid MRAG" $32,995.99; otherwise denies the allegations contained in the second sentence of paragraph 38. 39. Admits the allegations contained in the first sentence of paragraph 39 to the extent

that defendant received a document titled "Invoice 1252" for $12,307.01 in February 2005; otherwise denies the allegations contained in the first sentence of paragraph 39. The allegations contained in the second and third sentences of paragraph 39 constitute conclusions of law and 9

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plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that defendant has not paid plaintiff the amount requested in the document titled "Invoice 1252"; otherwise, denies the allegations in the second and third sentences of paragraph 39. 40. Admits the allegations contained in the first sentence of paragraph 40 to the extent

that defendant received a document titled "Invoice 1273" for $34,633.54; otherwise denies the allegations contained in the first sentence of paragraph 40. The allegations contained in the second and third sentences of paragraph 40 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that defendant has not paid plaintiff the amount requested in the document titled "Invoice 1273"; otherwise, denies the allegations contained in the second and third sentences of paragraph 40. 41. Admits the allegations contained in the first sentence of paragraph 41 that the

defendant received a document titled "Invoice 1318" for $38,889.68 on September 30, 2005; otherwise denies the allegations contained in the first sentence of paragraph 41. The allegations contained in the second and third sentences of paragraph 41 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that defendant has not paid plaintiff the amount requested in the document titled "Invoice 1318"; otherwise, denies the allegations contained in the second and third sentences of paragraph 41. 42. Denies the allegations contained in the first sentence of paragraph 42 for lack of

knowledge or information sufficient to form a belief as to their truth. The allegations contained 10

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in the second and third sentences of paragraph 42 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that defendant has not paid plaintiff $7,384.38 in response to a document titled "Invoice 1349"; otherwise, denies the allegations contained in the second and third sentences of paragraph 42. 43. Admits the allegations contained in paragraph 43 that the Government has not

paid plaintiff the $132,222.96 that it requested in April 2006; the remaining allegations contained in paragraph 43 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 44. Admits the allegations contained in paragraph 44 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 44. 45. Admits the allegations contained in paragraph 45 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 45. 46. Admits the allegations contained in paragraph 46 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 46. 47. Admits the allegations contained in paragraph 47 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 47. 48. Admits the allegations contained in paragraph 48 to the extent supported by the 11

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contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 48. 49. Admits the allegations contained in paragraph 49 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 49. 50. Admits the allegations contained in paragraph 50 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 50. 51. Admits the allegations contained in paragraph 51 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 51. 52. Admits the allegations contained in paragraph 52 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 52. 53. Admits the allegations contained in paragraph 53 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 53. 54. Denies the allegations contained in the first sentence of paragraph 54. Denies the

allegations contained in the second sentence of paragraph 54, that defendant designed the data collection program; otherwise, admits the allegations contained in the second sentence of paragraph 54 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise, denies the allegations in the second sentence of paragraph 54. Admits the 12

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allegations in the third sentence of paragraph 54 to the extent that the SOW provided for seven tasks, including 1) conducting an outreach and education program; 2) providing and organizing the training of qualified interviewers; 3) stratifying the vessel universe and selecting a sample sufficient to obtain 260 completed surveys; 4) revising the survey instrument and sampling design as required by OMB; 5) providing at least 260 completed surveys; 6) creating a survey database; and 7) providing quarterly progress reports and a final project report; otherwise denies the allegations contained in the third sentence of paragraph 54. Admits the allegations contained in the fourth sentence of paragraph 54. 55. Admits the allegations contained in paragraph 55 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 55. 56. Admits the allegations contained in paragraph 56 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 56. 57. Admits the allegations contained in paragraph 57 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 57 and specifically denies that the Government designed the data collection program. 58. Admits the allegations contained in paragraph 58 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 58. 59. Admits the allegations contained in paragraph 59 to the extent supported by the 13

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contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 59. 60. Admits the allegations contained in paragraph 60 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 60. 61. Admits the allegations contained in paragraph 61 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 61. 62. Admits the allegations contained in paragraph 62 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 62. 63. Admits the allegations contained in paragraph 63 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 63. 64. Admits the allegations contained in paragraph 64 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 64. 65. Admits the allegations contained in paragraph 65 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 65. 66. The allegations paragraph 66 constitute conclusions of law and plaintiff's

characterization of its case, to which no answer is required; to the extent they may be deemed 14

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allegations of fact, they are denied. 67. The allegations contained in the first sentence of paragraph 67 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 67 for lack of knowledge or information sufficient to form a belief as to their truth. The allegations contained in the third sentence of paragraph 67 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the fourth sentence of paragraph 67 for lack of knowledge or information sufficient to form a belief as to their truth. 68. Denies the allegations contained in the first sentence of paragraph 68 that "MRAG

selected qualified interviewers"; admits that plaintiff organized some "training meetings in consultation with the Government"; denies the remaining allegations in the first sentence of paragraph 68. The allegations contained in the second sentence of paragraph 68 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the third sentence of paragraph 68 for lack of knowledge or information sufficient to form a belief as to their truth. 69. The allegations contained in the first sentence of paragraph 69 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations in the second sentence of paragraph 69 that "NOAA estimated a response rate of 60 percent"; admits the remainder of the allegations contained in the second sentence of paragraph 69 to the extent 15

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supported by the document cited, which is the best evidence of its contents; otherwise denies the remainder of the allegations contained in the second sentence of paragraph 69. Admits the allegations contained in the third sentence of paragraph 69 that 60 percent of 433 is 260; otherwise denies the allegations contained in the third sentence of paragraph 69. Denies the allegations contained in the fourth sentence of paragraph 69 for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in the fifth sentence of paragraph 69. 70. Denies the allegations contained in the first sentence of paragraph 70. Admits the

allegations contained in the second sentence of paragraph 70. 71. The allegations contained in the first sentence of paragraph 71 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second, third, fourth, and fifth sentences of paragraph 71 for lack of knowledge or information sufficient to form a belief as to their truth. 72. The allegations contained in the first sentence of paragraph 72 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second, third, fourth, fifth, and sixth sentences of paragraph 72 for lack of knowledge or information sufficient to form a belief as to their truth. The allegations contained in the seventh sentence of paragraph 72 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that plaintiff provided to defendant 107 completed surveys; otherwise, 16

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denies the allegations contained in the seventh sentence of paragraph 72. 73. Denies the allegations contained in the first sentence of paragraph 73 to the extent

that "MRAG entered all collected data," for lack of knowledge or information sufficient to form a belief as to their truth; the remaining allegations contained in the first sentence of paragraph 73 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 73. 74. The allegations contained in the first sentence of paragraph 74 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 74 to the extent that defendant received documents titled "Progress Report" in January, April, June, and September 2005; denies the remaining allegations contained in the second sentence of paragraph 74. Admits the allegations contained in the third and fourth sentences of paragraph 74. 75. Admits the allegations in paragraph 75 to the extent that plaintiff submitted

invoices and reports; the remaining allegations in paragraph 75 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 76. Admits the allegations contained in the first sentence of paragraph 76 that

defendant received an invoice for $21,395.20; otherwise denies the allegations contained in the first sentence of paragraph 76. Admits the allegations contained in the second sentence of

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paragraph 76 to the extent that "the Government paid the full amount requested in the invoice"; otherwise denies the allegations contained in the second sentence of paragraph 76. 77. Admits the allegations contained in the first sentence of paragraph 77. Admits the

allegations contained in the second sentence of paragraph 77 to the extent that "the Government paid the full amount requested in the invoice"; otherwise denies the allegations contained in the second sentence of paragraph 77. 78. Admits the allegations contained in the first sentence of paragraph 78 to the extent

that the defendant received an invoice for $19,223.65; otherwise denies the allegations contained in the first sentence of paragraph 78. Admits the allegations contained in the second sentence of paragraph 78. 79. Admits the allegations contained in the first sentence of paragraph 79 to the extent

that the defendant received a document titled an invoice for $26,848.55; otherwise denies the allegations contained in the first sentence of paragraph 79. Admits the allegations contained in the second sentence of paragraph 79. 80. Admits the allegations contained in the first sentence of paragraph 80. The

allegations contained in the second and third sentences of paragraph 80 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, admits that defendant has not paid plaintiff the amount submitted in an invoice for $98,714.91; otherwise, denies the allegations in the second and third sentences of paragraph 80.

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81.

The allegations contained in paragraph 81 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 82. Admits the allegations contained in paragraph 82 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 82. 83. Admits the allegations contained in paragraph 83 that defendant has not issued a

contracting officer's final decision; otherwise denies the allegations contained in paragraph 83. 84. Admits the allegations contained in the first and second sentences of paragraph 84

that the contracting officer has not issued a final decision; otherwise denies the allegations contained in the first and second sentences of paragraph 84. The allegations contained in the third sentence of paragraph 84 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 85. Defendant's responses to paragraphs 1 through 84 of the complaint are

incorporated by reference. 86. The allegations contained in paragraph 86 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 87. The allegations contained in paragraph 87 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 19

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88.

The allegations contained in paragraph 88 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 89. The allegations contained in the first sentence of paragraph 89 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in subparagraphs (a) through (f) of the second sentence of paragraph 89, to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 89. The allegations contained in the third sentence of paragraph 89 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 90. The allegations contained in the first sentence of paragraph 90 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 90 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 90. The allegations contained in the third sentence of paragraph 90 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact they are denied. 91. The allegations contained in paragraph 91 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be 20

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deemed allegations of fact, they are denied. 92. The allegations contained in paragraph 92 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 93. The allegations contained in the first sentence of paragraph 93 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 93 that the defendant received a document titled "Invoice 1252" for $12,307.01 in February 2005, a document titled "Invoice 1273," a document titled "Invoice 1318" for $38,889.68 on September 30, 2005, a document titled "Invoice 1349," and a request for payment in April 2006; otherwise denies the allegations contained in the second sentence of paragraph 93. The allegations contained in the third, fourth and fifth sentences of paragraph 93 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 94. The allegations contained in paragraph 94 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 95. Defendant's responses to paragraphs 1 through 94 of the complaint are

incorporated by reference. 96. The allegations contained in paragraph 96 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 21

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97.

The allegations contained in the first sentence of paragraph 97 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations in the second sentence of paragraph 97. The allegations contained in the third, fourth and fifth sentences of paragraph 97 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 98. The allegations contained in paragraph 98 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 99. The allegations contained in paragraph 99 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 100. The allegations contained in the first and second sentences of paragraph 100

constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in subparagraphs (a) through (f) of the second sentence of paragraph 100, to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 100. The allegations contained in the third sentence of paragraph 100 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 22

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101.

Denies the allegations contained in the first sentence of paragraph 101. Admits the

allegations contained in the second sentence of paragraph 101 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 101. The allegations contained in the third sentence of paragraph 101 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact they are denied. 102. The allegations contained in paragraph 102 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 103. The allegations contained in paragraph 103 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 104. Denies that plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 103, or to any relief whatsoever. 105. Denies each and every allegation not previously admitted or otherwise qualified.

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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, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director

OF COUNSEL: LAUREN B. KALISH United States Department of Commerce Contract Law Division 1401 Constitution Ave., NW, Rm. 5893 Washington, DC 20230 Telephone: (202) 482-6281

s/ Joseph A. Pixley JOSEPH PIXLEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-7300 Facsimile: (202) 307-0972 Attorneys for Defendant

January 10, 2007

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CERTIFICATE OF FILING I herebyI certify that on the 10th the 5th January, 2008, a copy ofa copy of the foregoing hereby certify that on day of day of December, 2007, the foregoing "DEFENDANT'S ANSWER" was filed electronically. I understand that notice of this filing will be sent to all "DEFENDANT'S ANSWER" was filed electronically. I understand that notice of filing parties by operation of the Court's electronic filing system. Parties may access thisthis filing will through the Court's system. be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing s/ Joseph A.Court's system. through the Pixley s/Joseph A. Pixley

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