Free Memorandum - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

Document 47

Filed 12/18/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TETRA TECH EC, INC., Plaintiff, v. UNITED STATES, Defendant.

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Fed. Cl. No. 06-146C (Judge Wheeler)

____________________________________) PLAINTIFF'S LIST OF CONTRACT CLAUSES, PROVISIONS AND REGULATIONS Pursuant to this Court's Order of July 27, 2007, as amended on December 10, 2007, Plaintiff Tetra Tech EC, Inc. ("Tetra Tech") respectfully submits its list of relevant contract clauses, provisions and regulations. Plaintiff reserves its right to supplement this list, as necessary, during the trial. The text of the clauses and provisions listed below is set forth, in the order listed, as an Addendum to this pleading. The list is as follows: 1. Base Contract No. DACA87-00-D-0039; Section C Descriptions and Specifications; Section 3.0 Definitions; ¶ 3.1 Anomaly, Pages 20 of 72. 2. Base Contract No. DACA87-00-D-0039; Section I Contract Clauses; Clauses Incorporated by Reference; as applicable, pages 48 of 72 to 49 of 72. 3. Base Contract No. DACA87-00-D-0039; Section I Contract Clauses; Clauses Incorporated by Reference; FAR 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) (with Alternate II (APR 1984), pages 49 of 72.

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Document 47

Filed 12/18/2007

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4. Base Contract No. DACA87-00-D-0039; Data Item Description (DID); Title: Geophysical Investigation Plan; Identification Number: OE-005-05 (Undated). 5. Pre-Proposal Questions and Answers: a. Questions and Answers ("Q&A") 16, 25, 26, 33, and 81 as set forth at Joint Stipulation of Uncontested Facts, ¶¶ 17 and 21, and Tab H of the Final Decision currently designated as Plaintiff's Exhibit 6. b. Tetra Tech's August 23, 2001 request for clarification (currently designated Plaintiff's Exhibit 7), and the Government's August 23, 2001 "Clarification" thereto as set forth at Joint Stipulation of Uncontested Facts, ¶ 24 and currently designated as Plaintiff's Exhibit 8 (internal version) and Exhibit 9 (version released to offerors). 6. Task Order 006, Scope of Work: (a) (b) (c) (d) (e) (f) (g) (h) 2.0 / 2.1 Objective. 3.2 (Task 2) Prepare Work Plan (WP). 3.4 (Task 4) Geophysical Survey & Anomaly Reacquisition.. 3.4.3 Anomaly Selection. 3.4.4 Data Format and Deliverables. 3.7 (Task 7) Perform UXO Clearance 3.7.6 Grid Failure Criteria. 8.0 Government Furnished, ¶¶ 8.1 ­ 8.6.

Plaintiff reserves its right to supplement this list, as necessary, during the trial.

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Case 1:06-cv-00146-TCW

Document 47

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Respectfully submitted, TETRA TECH EC, INC.

Date: December 18, 2007

By:

s/ William W. Thompson, Jr.____ William W. Thompson, Jr. Robert D. Banfield PECKAR & ABRAMSON, PC 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 Telephone (202) 293-7794 Facsimile Attorneys for Tetra Tech EC, Inc.

Addendum

CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December 2007, a copy of the foregoing PLAINTIFF'S LIST OF CONTRACT CLAUSES, PROVISIONS AND REGULATIONS, with ADDENDUM was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ William W. Thompson, Jr. __

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