Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:05-cv-00595-EJD

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Filed 12/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-595C (Senior Judge Smith)

DEFENDANT'S RESPONSE TO PLAINTIFF'S PROPOSED FINDINGS OF UNCONTROVERTED FACT In accordance with Rule 56(h)(2) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully submits the following response to plaintiff's "Proposed Findings Of Uncontroverted Fact," dated November 15, 2006. 1. 2. 3. 4. 5. Agrees. Agrees. Agrees. Agrees. Agrees that Mr. Johnson signed the "essential need letter," located at page 84 of

plaintiff's appendix, which was drafted by Logicon personnel. 6. Disagrees. This statement is not a proposed finding of uncontroverted fact, but is

a conclusion of law. 7. Disagrees. Mr. Johnson's declaration makes clear that the software met an

essential need for the ABCS 6.0 system. Johnson Dec. 3.1

"Johnson Dec. __" refers to a paragraph of Mr. Johnson's declaration, filed with "Defendant's Proposed Findings Of Uncontroverted Facts."

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8.

Agrees only that Mr. Bernstein testified that he "would not have allowed

Northrop Grumman to acquire the software from Starburst had we not 100 percent known that CECOM was going to continue through this transaction." App. 287-88.2 9. 10. Agrees. Agrees that the Army declined to exercise its renewal, but that decision was also

based upon Starburst's decision to no longer support the Omnicast software and to not issue promised upgrades. Johnson Dec. 8-10. Agrees that the additional two terms upon the lease totalled $570,000. 11. 12. Agrees. Disagrees. This statement is not a proposed finding of uncontroverted fact, but is

a conclusion of law. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/Donald E. Kinner DONALD E. KINNER Assistant Director

"App. __" refers to a page of the appendix attached to plaintiff's "Proposed Findings Of Uncontroverted Fact." 2

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s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7586 Fax: (202) 514-7969 Attorneys for Defendant December 20, 2006

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