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

Case 1:02-cv-00466-LB

Document 84

Filed 03/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SUNOCO, INC. And PUERTO RICO SUN OIL COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 02-466C (Judge Block)

PLAINTIFFS' MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF Plaintiffs, Sunoco, Inc. and Puerto Rico Sun Oil Company (collectively "Sunoco"), respectfully seek leave to file a Supplemental Brief in response to DESC's Motion to Dismiss. Sunoco seeks leave to file a Supplemental Brief for the limited purpose of bringing to the Court's attention DESC's startling reversal of the position it advances here in another similarly situated military fuels case. With respect to Sunoco's claim in Count I that DESC's match price auction of contracts to small businesses violates the Office of Federal Procurement Policy Act ("OFPPA"), DESC previously asserted in its Reply here that its match price auction is "consistent with the FAR" and, therefore, its auction is legal. DESC's Reply to Sunoco's Opp'n to DESC's Mot. to Dismiss at 25. Recently, however, in Gary-Williams Energy Company v. United States, No. 03-2106C (Fed. Cl.), DESC submitted a sworn declaration from one of its contracting officers, Mr. John Walker, stating that DESC's match price auction in fact violates the requirements of the FAR. See DESC's Mot. to Dismiss at Def. App. 6 (March 3, 2006) (filed in Gary-Williams Energy Company v. United States, No. 03-2106C (Fed. Cl.)). Because DESC's concession in Gary-Williams undermines its defense of its auction here, Sunoco seeks leave to file a Supplemental Brief to bring DESC's concession and reversal of position to the Court's attention.

Case 1:02-cv-00466-LB

Document 84

Filed 03/20/2006

Page 2 of 2

For the foregoing reasons, Sunoco respectfully requests that its Motion for Leave to File a Supplemental Brief be granted. s/J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5208 (Fax) Attorneys for Plaintiffs, Sunoco., Inc. and Puerto Rico Sun Oil Company Of Counsel: Gary A. Winters Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, DC 20006 March 20, 2006

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