Free Statement of Facts - District Court of Federal Claims - federal

Case 1:07-cv-00007-SGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST MANAGEMENT SOLUTIONS & SYSTEMS, INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-7C (Judge Braden)

DEFENDANT'S STATEMENT OF FACTS IN SUPPORT OF CROSS-MOTION FOR JUDGMENT UPON THE ADMINISTRATIVE RECORD Pursuant to Rule 52.1 of the Rules of this Court, defendant, the United States, respectfully submits the following statement of facts in support of its motion for judgment upon the administrative record: 1. On September 28, 2005, the Small Business Administration ("SBA") authorized

the Department of Housing and Urban Development ("HUD") to negotiate and execute a contract with Creative Computing Solutions, Inc. ("CCSI"). A.R. 11.1 The authorization letter states in part: "The servicing SBA Office, shall upon request, be available to assist the program participant in contract administration." 2. On September 28, 2005, HUD awarded contract No. C-DEN-02014 ("CCSI

Contract") to CCSI. A.R. 12-42. The CCSI Contract called for CCSI to provide help desk services for HUD's Real Estate Assessment Center. A.R. 13. 3. On December 1, 2006, HUD issued modification no. 9 to the CSSI Contract,

which added the help desk for HUD's Public and Indian Information Center ("PIC") to the
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"A.R." refers to the administrative record that was filed in this case.

Case 1:07-cv-00007-SGB

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services to be provided by CCSI. A.R. 77-95. 4. On December 26, 2006, Keith W. Surber, HUD's Director of Contracting, issued

determinations and findings to override the Competition in Contracting Act's automatic stay, if applicable. A.R. 2-6. Mr. Surber found that modification no. 9 to the CCSI Contract was within the scope of the original contract. A.R. 2-3.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director s/ Roger A. Hipp ROGER A. HIPP Trial Attorney U.S. Department of Justice Civil Division Commercial Litigation Branch 1100 L St., N.W. Attn: Class. Unit - 8th Fl. Washington, D.C. 20530 Tel.: (202) 305-3091 March 5, 2007 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on March 5, 2007, a copy of foregoing "DEFENDANT'S STATEMENT OF FACTS IN SUPPORT OF MOTION FOR JUDGMENT UPON THE ADMINISTRATIVE RECORD" 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. Parties may access this filing through the Court's system.

s/ Roger A. Hipp