Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:06-cv-00155-MMS

Document 33

Filed 02/19/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS S&M MANAGEMENT INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-155C (Judge Sweeney)

DEFENDANT'S SUPPLEMENTAL BRIEF On February 7, 2008, this Court ordered defendant, the United States, to submit to the Court "those pages of the contract containing the provision(s) describing the authority and/or responsibilities of the contracting officer." We then requested an extension of time until February 22, 2008, to locate, review, and file the relevant provisions of the contract. We have now located and reviewed the contract, and we submit the attached pages of the contract as a supplemental appendix to our motion for summary judgment. A number of the pages in the supplemental appendix were previously filed in the appendix to our motion for summary judgment; we submit them again, with other potentially relevant sequential pages of the contract, for the sake of completeness. Of particular relevance are: 52.236-21 Specifications and Drawings for Construction (Feb. 1997). Supp. App. 21-22. 52.243-4 Changes (Aug. 1987). Supp. App. 23-24. 52.246-12 Inspection and Construction (Aug. 1996). Supp. App. 24-25. 852.236-71 Specifications and Drawings for Construction (April 1994). Supp. App. 31. 852.236-74 Inspection of Construction (April 1984). Supp. App. 32. 852.236-78 Government Supervision (April 1984). Supp. App. 33. 852.236-88 Contract Changes (June 1987). Supp. App. 39-41.

Case 1:06-cv-00155-MMS

Document 33

Filed 02/19/2008

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852.270-1 Representatives of Contracting Officers (Apr. 1984). Supp. App. 43.

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 305-7573 Fax: (202) 514-8624 February 19, 2008 Attorneys for Defendant

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Case 1:06-cv-00155-MMS

Document 33

Filed 02/19/2008

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CERTIFICATE OF FILING I hereby certify that on this 19th day of February, 2008, a copy of the foregoing "DEFENDANT'S SUPPLEMENTAL BRIEF AND SUPPLEMENTAL APPENDIX" were 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 parties may access this filing through the Court's system.

s/ Sean B. McNamara