Free Order Setting Oral Argument/Hearing on Motion - District Court of Federal Claims - federal

Case 1:05-cv-00447-NBF

Document 17

Filed 01/27/2006

Page 1 of 1

In the United States Court of Federal Claims
No. 05-447C (Filed: January 27, 2006) * * * * * * * * * * * * * * * * * * * * * SMART BUSINESS MACHINES, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * * * * * * * * * * * * * * * * * * * * * ORDER Oral argument on the government's motion to dismiss pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims shall be heard on Monday, February 6, 2006 at 11:00 a.m. eastern time at the Howard T. Markey National Courts Building, 717 Madison Place, N.W., Washington, DC 20005. Counsel for each party shall appear in person. The courtroom number shall be posted in the lobby on the day of the proceeding. At argument, the parties shall be prepared to address 48 C.F.R. § 13.302-4(b) and whether it applies to purchase orders that have not been accepted. The parties shall also be prepared to discuss the following cases: Appeal of Friedman Enter., Inc., ASBCA No. 54886, 05-2 BCA ¶ 32991, 2005 WL 1385135 (June 3, 2005), and Appeal of Alsace Indus. Inc., ASBCA No. 51709, 99-1 BCA ¶ 30227, 1999 WL 61201 (January 29, 1999), which hold that after a purchase order "lapses" the supplier bears the cost of nonperformance. IT IS SO ORDERED. s/Nancy B. Firestone_____ NANCY B. FIRESTONE Judge