Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-00718-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CW GOVERNMENT TRAVEL, INC., Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) No. 04-718 ) (Judge Hewitt) ) ) ) )

DEFENDANT'S ANSWER For its answer to plaintiff's complaint, defendant admits, denies, and alleges as follows: The unnumbered paragraphs that constitute the preamble to plaintiff's complaint are characterizations of plaintiff's case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 1. Denies the allegations contained in the first

paragraph for lack of knowledge or information sufficient to form a belief as to their truth. 2. 3. Admits. The allegations contained in paragraph 3 are

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 4. 5. 6. Admits. Admits. Admits.

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7. 8. 9. 10. 11.

Admits. Admits. Admits. Admits. Admits the allegations contained paragraph 11

to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 11. 12. Admits the allegation contained paragraph 12

to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 12. 13. Admits the allegation contained paragraph 13

to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 13. 14. Admits the allegations contained paragraph 14

to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 14. 15. 16. Denies. Admits the allegations contained in paragraph

16 to the extent supported by the contracts cited, which are the best evidence of their contents;

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otherwise denies the allegations contained in paragraph 16. Avers that DTS has now been deployed to 46

military bases, installations or activities under Carlson's DTR and NCR contracts. 17. Admits, and avers that the Government has

exercised the first three options of the contracts, extending all four of Carlson's Army DTR contracts to March 31, 2005. 18. Admits the allegation contained in paragraph

18 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 18. 19. 20. Admits. The allegations contained in paragraph 20 are

plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 21. The allegation contained in paragraph 21 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 22. 23. Admits. Denies.

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24.

The allegation contained in paragraph 24 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 25. 26. 27. Denies. Admits. The allegation contained in paragraph 27 is plaintiff's

characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 28. The allegation contained in paragraph 28 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 29. Admits the allegations contained in paragraph

29 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 29. 30. The allegation contained in paragraph 30 is plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 31. Admits the allegations contained in paragraph

31 to the extent supported by the contracts cited,

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which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 31. 32. The allegation contained in paragraph 32 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact is denied. 33. Admits the allegations contained in paragraph

33 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 33. 34. Admits the allegations contained in paragraph

34 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 34. 35. Admits the allegations contained in paragraph

35 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 35. 36. Admits the allegation contained in paragraph

36 to the extent supported by plaintiff's contracts,

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which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 36. 37. Admits the allegations contained in paragraph

37 to the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 37. 38. Admits the allegation contained in paragraph

38 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 38. 39. Admits the allegation contained in paragraph

39 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 39. 40. Admits the allegation contained in paragraph

40 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 40.

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41. Admits the allegation contained in paragraph 41 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 41. 42. Admits the allegation contained in paragraph

42 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 42. 43. Admits the allegations contained in paragraph

43 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 43. 44. Admits the allegation contained in paragraph

44 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph 44. 45. Admits the allegation contained in paragraph

45 to the extent supported by plaintiff's contracts, which are the best evidence of their contents; otherwise denies the allegation contained in paragraph

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45. 46. Denies the allegations contained in paragraph

46 for lack of knowledge or information sufficient to form a belief as to their truth. 47. Denies the allegations contained in the sentences of paragraph 47 for

first, third and fourth

lack of information or knowledge sufficient to form a belief as to their truth. Admits the allegations

contained in the second sentence of paragraph 47. 48. Admits the allegations contained in paragraph

48 to the extent supported by the October 8, 2003, letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 48. 49. Admits the allegations contained in paragraph

49 to the extent supported by the October 8, 2003, letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 49. 50. Admits the allegations contained in paragraph

50 to the extent supported by the October 8, 2003, letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 50.

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51.

Admits the allegations contained in paragraph

51 to the extent supported by the October 8, 2003, letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 51. 52. Admits the allegations contained in paragraph

52 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 52. 53. Admits the allegations contained in paragraph

53 that the Army responded to Carlson's October 8, 2003 letter. Denies plaintiff's characterization of the

letter that it was "evasive." 54. Admits the allegations contained in paragraph

54 to the extent supported by the October 17, 2003, letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 54. 55. Admits the allegations contained in

paragraph 55 to the extent supported by the October 29, 2001 complaint cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 55.

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56.

Admits the allegations contained in paragraph

56 to the extent supported by the October 29, 2001 complaint cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 56. 57. Admits the allegations contained in paragraph

57 to the extent supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 57. 58. Admits the allegations contained in paragraph

58 to the extent supported by the CDA section cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 58. 59. Admits the allegations contained in paragraph

59 to the extent supported by the FAR provision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 59. 60. Admits the allegations contained in paragraph

60 to the extent supported by the November 3, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 60.

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61.

Admits the allegations contained in paragraph

61 to the extent supported by the November 3, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 61. 62. Admits the allegations contained in paragraph

62 to the extent supported by the November 3, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 62. 63. Admits the allegations contained in paragraph

63 to the extent supported by the November 3, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 63. 64. Admits the allegations contained in paragraph

64 to the extent supported by the November 17 and 18, 2003 letters cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 64. 65. Admits the allegations contained in paragraph

65 to the extent supported by the November 17 and 18, 2003 letters cited, which are the best evidence of their contents; otherwise denies the allegations

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contained in paragraph 65. 66. 67. Admits. Admits the allegation contained in paragraph

67 to the extent supported by the December 1, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 67. 68. Admits the allegation contained in paragraph

68 to the extent supported by the December 1, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 68. 69. Admits the allegation contained in paragraph

69 to the extent supported by the December 29, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 69. 70. Admits the allegation contained in paragraph

70 to the extent supported by the December 29, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 70. 71. Admits the allegation contained in paragraph

71 to the extent supported by the December 29, 2003

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letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 71. 72. Admits the allegation contained in paragraph

72 to the extent supported by the December 29, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 72. 73. The allegations contained in the first

sentence of paragraph 73 are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. allegations contained in the second sentence of paragraph 73 are plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 74. Admits the allegations contained in paragraph The

74 to the extent supported by the December 29, 2003 letter, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 74. 75. Admits the allegations contained in paragraph

75 to the extent supported by the December 29, 2003 letter, which is the best evidence of its contents;

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otherwise denies the allegations contained in paragraph 75. 76. Admits the allegations contained in paragraph

76 to the extent supported by the December 29, 2003 letter, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 76. 77. Admits the allegations contained in paragraph

77 to the extent supported by the January 6, 2004 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained I paragraph 77. 78. Admits the allegations contained in paragraph

78 to the extent supported by the January 6, 2004 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained I paragraph 78. 79. Admits the allegations contained in paragraph

79 to the extent supported by the January 6, 2004 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained I paragraph 79. 80. Admits the allegations contained in paragraph

80 to the extent supported by Solicitation No. W91QUZ-

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04-R-0007 cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 80. 81. Admits the allegations contained in paragraph

81 to the extent supported by the March 1, 2004 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 81. 82. 83. Denies. Admits the allegations contained in the first

sentence of paragraph 83 to the extent supported by the solicitation cited, which is the best evidence of its content; otherwise denies the allegations contained in the first sentence of paragraph 83. Admits the

allegations contained in the second sentence of paragraph 83, but avers that plaintiff would be eligible as a subcontractor for up to forty-nine percent to the contract value. 84. Admits the allegations contained in paragraph

84 to the extent supported by the MEPS Solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 84. Avers that the term "CUI-facilitated travel

services" is not used in the solicitation.

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85. 86.

Admits. Admits the allegations contained in the first

sentence of paragraph 86 to the extent supported by Amendment 4 cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 86. The allegations

contained in the second sentence of paragraph 86 are plaintiff's characterization to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 87. 88. 89. Admits. Admits. Admits the allegations contained in paragraph

89 to the extent supported by the MEPS solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 89. 90. The allegations contained in paragraph 90 are

plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 91. Admits the allegations contained in paragraph

91 to the extent supported by the MEPS Solicitation cited, which is the best evidence of its contents;

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otherwise denies the allegations contained in paragraph 91. Further avers that the term "CUI-facilitated

travel services" is not used in the solicitation. 92. The allegations contained in the first

sentence of paragraph 92 are plaintiff's characterization to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the

second sentence of paragraph 92 to the extent supported by the MEPS Solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 92. Avers that the

term "CUI-facilitated travel services" is not used in the solicitation. 93. Admits the allegations contained in paragraph

93 to the extent supported by the MEPS Solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 93. Avers that the term "CUI-facilitated travel services" is not used in the solicitation. 94. Admits the allegations contained in the first Denies the allegations

sentence of paragraph 94.

contained in the second sentence of paragraph 94. Avers that the term "CUI-facilitated travel services" -17-

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is not used in the solicitation. 95. The allegations contained in paragraph 95 are

plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Avers that the term "CUI" is

not used in the solicitation. 96. The allegations contained in paragraph 96 are

plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Avers that the term "CUI-

facilitated travel services is not used in the solicitation. Avers that the term "CUI" is not used in

the solicitation. 97. The allegation contained in paragraph 97 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 98. Admits the allegations contained in paragraph

98 to the extent supported by the MEPS Solicitation, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 98. 99. Admits the allegations contained in paragraph

99 to the extent supported by the MEPS Solicitation, which is the best evidence of its contents; otherwise -18-

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denies the allegations contained in paragraph 99. 100. The allegation contained in paragraph 100 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. Avers that the term "CUI" is

not used in the solicitation. 101. The allegation contained in paragraph 101 is

plaintiff's characterization to which no response is required; to the extent it may be deemed an allegation of fact, it is denied. 102. Admits the allegations contained in

paragraph 102 that the solicitation requires the contractor to perform quality control, but denies the remainder of the allegations contained in paragraph 102. 103. Denies. Avers that the term "CUI" is not

used in the solicitation. 104. 105. Denies. Denies the allegations contained in Avers that it was the DTS, not the CUI,

paragraph 105.

that is expected to reduce the time of the travel agents, as well as substantially reduce the Government's internal administrative burden and costs.

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106.

Admits the allegations contained in

paragraph 106 but avers that there are many reasons why DTS cannot currently facilitate MEPS travel, and that future MEPS travel will be facilitated by DTS. Avers

that the term "CUI" is not used in the solicitation. 107. Denies. Avers that the term "CUI" is not

used in the solicitation. 108. Admits, but avers that the term "CUI" is not

used in the solicitation. 109. Admits the allegations contained in

paragraph 109 to the extent supported by the MEPS solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 109. 110. Denies. Further avers that the term "CUI"

is not used in the solicitation. 111. Admits, but avers that the term "CUI-

facilitated travel" is not used in the solicitation. 112. Admits the allegations contained in

paragraph 112 to the extent supported by the MEPS Solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained I paragraph 112. Further avers that the terms "CUI-

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solicitation. 113. Denies. Further avers that the term "CUI"

is not used in the solicitation. 114. 115. Denies. Denies. Further avers that the term "CUI"

is not used in the solicitation. 116. Denies the allegations contained in

paragraph 116 for lack of knowledge or information sufficient to form a belief as to their truth. avers that the term "CUI" is not used in the solicitation. 117. Admits, but avers that the term "CUI" is not Further

used in the solicitation. 118. 119. 120. 121. 122. Admits. Admits. Admits. Admits. Denies. Further avers that the term "CUI"

is not used in the solicitation. 123. Denies. Further avers that the term "CUI"

is not used in the solicitation. 124. Admits, but avers that the term "CUI" is not

used in the solicitation. 125. Admits. -21-

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126. 127.

Admits. Admits the allegations contained in

paragraph 127 to the extent supported by the GAO decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 127. 128. Admits the allegations contained in

paragraph 128 to the extent supported by the GAO decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 128. 129. The allegations contained in paragraph 128

are plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Further avers

that the term "CUI" is not used in the solicitation. 130. The allegations contained in paragraph 130

are plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Further avers

that the term "CUI" is not used in the solicitation. 131. The allegations contained in paragraph 131

are plaintiff's characterizations to which no response is required; to the extent they may be deemed

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allegations of fact, they are denied. 132. The allegations contained in paragraph 132

are plaintiff's characterizations to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 133. 134. Denies. Denies. Further avers that the term "CUI"

is not used in the solicitation. 135. Defendant re-alleges each of the responses

in paragraphs 1 through 134 by reference. 136. The allegations contained in paragraph 136

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 137. The allegations contained in paragraph 137

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 138. The allegations contained in paragraph 138

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 139. The allegations contained in paragraph 139

are conclusions of law to which no response is

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required; to the extent they may be deemed allegations of fact, they are denied. 140. The allegations contained in paragraph 140

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 141. The allegations contained in paragraph 141

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 142. The allegations contained in paragraph 142

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 143. Admits the allegations contained in

paragraph 143 to the extent supported by the letters cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 143. 144. Admits the allegations contained in

paragraph 144 to the extent supported by the letters cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 144.

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145. Admits. 146. 147. Denies. The allegations contained in paragraph 147

are conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 148. 149. 150. Denies. Denies. Admits the allegations contained in the

first sentence of paragraph 150, but avers that the proposal due dates were postponed. Denies the

allegations contained in the second sentence of paragraph 150. 151. 152. Denies. Denies that plaintiff is entitled to the

relief requested in its prayer for relief, or to any relief whatsoever. 153. Denies each and every allegation not

previously admitted or otherwise qualified. WHEREFORE, defendant requests that the complaint be dismissed, and defendant be granted such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General -25-

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DAVID M. COHEN Director s/Todd M. Hughes for James Kinsella JAMES M. KINSELLA Deputy Director s/Lisa B. Donis LISA B. DONIS Attorney Commercial Litigation Branch Civil Division Department of Justice ATTN: Classification Unit, 8th Floor, 1100 L Street, NW Washington, D.C. 20015 (202) 305-7561 Attorneys for Defendant JANUARY 24, 2005

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CERTIFICATE OF FILING I hereby certify that on JANUARY 24, 2005, a copy of foregoing "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. Parties may access

this filing through the Court's system.

s/Lisa B. Donis LISA B. DONIS