Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:02-cv-00796-FMA

Document 85

Filed 09/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

INFORMATION SYSTEMS & NETWORKS CORPORATION

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant. ) ______________________________)

CASE NO. 02-796C Judge Allegra

PLAINTIFF'S ADDITIONAL AUTHORITIES

Plaintiff, ("plaintiff" or

Information "ISN"), by

Systems counsel,

&

Networks

Corporation submits the

respectfully

following additional authorities pursuant to leave of the Court provided at the time of oral argument on defendant's motion for summary judgment: 1. E.L. Hamm & Associates, The Court Inc. v. England, the Armed 379 F.3d

1334(Fed.Cir.

2004).

reversed

Services

Board of Contract Appeals ("ASBCA") finding that the contractor was entitled to an equitable adjustment. The Court concluded

that the contractor reasonably relied on an unobvious defective specification provided by the government in the contract. While

different on its facts, this case is applicable here because ISN relied on the contractual requirement of a site survey and its results to determine final specifications and requirements as

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set forth in the contract.

In E.L.Hamm, the Court noted that

the law was similar for both defects and ambiguities in the contract, where reliance is demonstrated. ISN claims, and has

demonstrated in its opposition to summary judgment papers, the necessary reliance. 2. TypeRight Keyboard Corp. v. Microsoft Corp., 374 F. 3d In this patent infringement case, the

1151(Fed. Cir. 2004).

Court reversed summary judgment for defendant and remanded for trial. The Court adopted the rule that summary judgment is not

appropriate where the opposing party questions the credibility of a witness or witnesses by offering into evidence specific facts. ISN has challenged the credibility of the government Officer, Roscoe Crawford, regarding his conduct

Contracting

during contract performance, in the decision to terminate ISN and in the termination process itself. ISN has provided

specific facts from internal government documents providing the basis for this challenge, meeting the requirements of the

TypeRight holding. 3. Medlin Construction Group, Ltd. v. Secretary of the The Court held that the adjustment for extra

Army, 449 F.3d 1195(Fed Cir. 2006). contractor is entitled to an

equitable

costs associated with providing concrete retainers instead of less expensive polystyrene because the specifications were

general allowing use of either material.

ISN argues that the

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ATC

specifications

were

general

requiring

additional

work

to

provide the proper ATCs.

Dated: September 21, 2007

Respectfully submitted,

s/Norman H. Singer_________________ NORMAN H. SINGER, ESQUIRE Singer & Associates, P.C. 10411 Motor City Drive, 7th Floor Bethesda, MD 20817 Ph (301) 469-0400 Fx (301) 469-2267 Counsel for Plaintiff

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing

PLAINTIFF'S ADDITIONAL AUTHORITIES was made available to counsel for the defendant pursuant to this Court's electronic filing systems and was MAILED on September 21, 2007 to:

Steven Mager, Esquire Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530

s/Norman H. Singer______ NORMAN H. SINGER, ESQUIRE

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