Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00927-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS VT GRIFFIN SERVICES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-927C (Chief Judge Damich)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Denies the allegations contained in paragraph 1 for lack

of information or knowledge sufficient to form a belief as to the truth of the matters asserted. 2. 3. Admits. The allegations contained in the paragraph 3 constitute To the

conclusions of law, to which no answer is required.

extent they may be deemed allegations of fact, they are denied. 4. Admits the allegations contained in paragraph 4 to the

extent supported by the claim document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegations contained in paragraph 5 to the

extent supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 5.

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6.

Admits the allegations contained in paragraph 6 to the

extent supported by the appeal document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6. 7. 8. Admits. Admits the allegations contained in paragraph 8 to the

extent supported by the appeal document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. Admits the allegations contained in the first sentence

of paragraph 9 to the extent supported by the appeal withdrawal document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 9. The allegations contained in the second sentence

of paragraph 9 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. Admits the allegations contained in paragraph 10 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. Admits.

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12.

Admits the allegations contained in the first sentence The allegations contained in the second

of paragraph 12.

sentence of paragraph 12 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. Admits the allegations contained in paragraph 13 to the

extent supported by the modification document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 13. 14. Admits the allegations contained in paragraph 14 to the

extent supported by the modification documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 14. 15. Admits the allegations contained in the first sentence Denies the allegations contained in the second

of paragraph 15.

and third sentences of paragraph 15 for lack of information or knowledge sufficient to form a belief as to the truth of the matters asserted. Admits the allegations contained in the fourth

and fifth sentences of paragraph 15 to the extent supported by the email cited, which is the best evidence of its contents; otherwise denies the allegations contained in the fourth and fifth sentences of paragraph 15.

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16.

The allegations contained in the first sentence of

paragraph 16 constitute plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations

contained in the second and third sentences of paragraph 16 for lack of information or knowledge sufficient to form a belief as to the truth of the matters asserted. 17. The allegations contained in the first sentence of

paragraph 17 constitute plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations

contained in the second and third sentences of paragraph 17 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in the second and third sentences of paragraph 17. 18. Admits the allegations contained in the first two

clauses of the first sentence of paragraph 18 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 18. Admits the allegations contained

in the first clause of the second sentence of paragraph 18 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 18. The

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allegations contained in the third sentence of paragraph 18 constitute plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in

the fourth sentence of paragraph 18. 19. Admits the allegations contained in the first sentence

of paragraph 19 that the Government required plaintiff to remove leaves from the nature trail on a daily basis; otherwise denies the allegations contained in the first sentence of paragraph 19. Admits the allegations contained in the second sentence of paragraph 19 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 19. 20. The allegations contained in the first sentence of

paragraph 20 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. The allegations contained in the first clause of the

second sentence of paragraph 20 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second

clause of the second sentence of paragraph 20 to the extent supported by the contract cited, which is the best evidence of

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its contents; otherwise denies the allegations contained in the second clause of the second sentence of paragraph 20. 21. Admits the allegations contained in the first sentence

of paragraph 21 to the extent supported by the email cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 21. allegations contained in the second and third sentences of paragraph 21 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 22. Admits the allegations contained in the first and The

second sentences of paragraph 22 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first and second sentences of paragraph 22. The allegations contained in

the third sentence of paragraph 22 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 23. Admits the allegations contained in paragraph 23 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first and second sentences of paragraph 23.

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24.

Admits the allegations contained in paragraph 24 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first and second sentences of paragraph 24. 25. Admits the allegations contained in paragraph 25 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first and second sentences of paragraph 25. 26. The allegations contained in the first sentence of

paragraph 26 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence The allegations contained in the third sentence

of paragraph 26.

of paragraph 26 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 27. Admits the allegations contained in the first sentence

of paragraph 27 to the extent supported by the request documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 27. Admits the allegations contained in the second

sentence of paragraph 27 that the contracting officer never

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issued a Contracting Officer's Final Decision regarding documentation for the award fee determination; otherwise denies the allegations contained in the second sentence of paragraph 27. Admits the allegations contained in the third and fourth sentences of paragraph 27 to the extent supported by the documentation cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 27. 28. 29. Admits. Admits the allegations contained in paragraph 29 to the

extent supported by the claim document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 29. 30. Admits the allegations contained in paragraph 30 to the

extent supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 30. 31. Admits the allegations contained in paragraph 31 to the

extent supported by the writing cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 31. 32. Admits the allegations contained in paragraph 32 to the

extent supported by the letter cited, which is the best evidence

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of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 32. 33. Admits the allegations contained in paragraph 33 to the

extent supported by the email cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 33. 34. 35. Admits. Admits the allegations contained in paragraph 35 to the

extent supported by the writing cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 35. 36. Admits the allegations contained in paragraph 36 to the

extent supported by the email cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 36. 37. 38. Admits. Denies the allegations contained in the first sentence

of paragraph 38 for lack of information or knowledge sufficient to form a belief as to the truth of the matters asserted. The

allegations contained in the first clause of the second sentence of paragraph 38 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. The allegations contained in the second clause of the

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second sentence of paragraph 38 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required. Admits the allegations in the second clause of the

second sentence of paragraph 38. 39. 40. Admits. Admits the allegations contained in paragraph 40 to the

extent supported by the motion document quoted, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 40. 41. Admits the allegations contained in paragraph 41 to the

extent supported by the motion document quoted, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 41. 42. The allegations contained in paragraph 42 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 43. Defendant's responses to paragraphs 1 through 42 of the

complaint are incorporated by reference. 44. The allegations contained in paragraph 44 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied.

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45.

The allegations contained in paragraph 45 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 46. The allegations contained in paragraph 46 constitute

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 47. The allegations contained in paragraph 47 constitute

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 48. Defendant's responses to paragraphs 1 through 47 of the

complaint are incorporated by reference. 49. Denies the allegations contained in the paragraph 49

for lack of information or knowledge sufficient to form a belief as to the truth of the matters asserted. 50. The allegations contained in paragraph 50 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 51. The allegations contained in paragraph 51 constitute

plaintiff's characterization of its case, to which no answer is

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required; to the extent they may be deemed allegations of fact, they are denied. 52. The allegations contained in paragraph 52 constitute

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 53. Denies the allegation contained in paragraph 53 that

the Army has refused to pay any additional award fee to plaintiff. The remaining allegations contained in paragraph 53

constitute plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 54. Defendant's responses to paragraphs 1 through 53 of

the complaint are incorporated by reference. 55. 56. 57. 58. 59. Denies. Denies. Denies. Denies. The allegations contained in paragraph 59 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 60. The allegations contained in paragraph 60 constitute

conclusions of law and plaintiff's characterization of its case,

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to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 61. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief immediately following paragraph 61, or to any relief whatsoever. 62. Denies each and every allegation not previously

admitted or otherwise qualified. WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Bryant G. Snee BRYANT G. SNEE Assistant Director

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s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-4325 Facsimile: (202) 514-7965 November 7, 2005 Attorneys for Defendant

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Certificate of Filing I hereby certify that on November 7, 2005, a copy of the Defendant's Answer 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. filing through the Court's system. Parties may access this

s/Timothy P. McIlmail