Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00322-JPW

Document 16

Filed 06/19/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS INPUT/OUTPUT TECHNOLOGY, INC.,) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 07-322C (Senior Judge Wiese)

DEFENDANT'S MOTION FOR LEAVE TO FILE DECLARATIONS Defendant, the United States, respectfully seeks leave to file declarations to respond to an allegation in the declaration of Mr. Drapala, filed by the plaintiff yesterday. Mr. Drapala contends that the supplier, Frequency Selective Networks ("FSN"), was improperly approved as a supplier who had previously provided the same part to the original equipment manufacturer ("OEM"). Drapala declaration, at 6-7.

To the contrary, Mr. Jenkins did not seek review of the FSN alternate offer by the Communications and Electronics Research and Development Command ("CECOM") believing that FSN had previously supplied the part. Jenkins, at 1-2.1

1

"Jenkins" refers to the declaration by David A. Jenkins,

dated June 19, 2007, filed with this motion.

Case 1:07-cv-00322-JPW

Document 16

Filed 06/19/2007

Page 2 of 3

Similarly, Mr. Truskowski, at CECOM, did not review the FSN alternate offer believing that FSN had previously supplied the part. Truskowski, at 1-2.2

Accordingly, FSN alternate offer was properly considered, and properly approved, based upon the technical judgment of CECOM. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 June 19, 2007 Attorneys for Defendant

2

"Truskowski" refers to the declaration by Paul Truskowski,

dated June 19, 2007, filed with this motion.

Case 1:07-cv-00322-JPW

Document 16

Filed 06/19/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on June 19, 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DECLARATIONS" was filed electronically. I understand that notice of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. S/ James W. Poirier Parties may access this filing through