Free Answer - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-1632C (Judge Allegra)

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

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 2. Denies the allegations contained in paragraph 2 that

plaintiff is "an Alaska corporation with its principal offices at 937 Harvard Avenue East, Seattle, Washington 98012" for lack of knowledge or information sufficient to form a belief as to their truth. Admits the remainder of the allegations contained in

paragraph 2. 3. 4. Admits.

Admits the allegations contained in the first sentence

of paragraph 4 to the extent supported by the lease cited, which is the best evidence of its contents; otherwise the allegations contained in the first sentence of paragraph 4 contain conclusions of law and plaintiff's characterization of its case, to which no answer is required. Admits the allegations contained

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in the second sentence of paragraph 4 to the extent supported by the statute cited, which is the best evidence of its contents.
5. The allegations contained in paragraph 5 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. 6. The allegations contained in paragraph 6 constitute

plaintiff's characterization of its case and of the relief that it seeks, to which no answer is required. 7. The allegations contained in the first sentence of

paragraph 7 constitute conclusions of law, to which no answer is required. Admits the allegations contained in the second

sentence of paragraph 7 to the extent supported by the request cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 7. Admits the allegations contained in the third

sentence of paragraph 7 to the extent supported by the receipt cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third sentence of paragraph 7. The allegations contained fourth sentence of

paragraph 7 constitute conclusions of law 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 fifth,

sixth, and last sentences of paragraph 7 to the extent supported

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by the contracting officer letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in the fifth, sixth, and last sentences of paragraph 7. 8. Admits the allegations contained in the first sentence

of paragraph 8 to the extent supported by the Notice of Directly Related Cases cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 8. Admits the allegations contained in the second

sentence of paragraph 8 to the extent supported by the stay cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 8. Denies the allegations contained in the third

sentence of paragraph 8. 9. Admits the allegations contained in paragraph 9 to the

extent supported by the Request for Proposals cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 9. 10. Admits the allegations contained in the first sentence

of paragraph 10 to the extent supported by the proposal cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 10. Admits the allegations contained in the second sentence of paragraph 10 to the extent supported by the contract award cited, which is the best evidence of its contents; otherwise denies the

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allegations contained in the second sentence of paragraph 10. Admits the allegations contained in the third sentence of paragraph 10 (including its sub-parts) to the extent supported by the contract documents cited, which are the best evidence of its contents; otherwise denies the allegations contained in the third sentence of paragraph 10. 11. Admits the allegations contained in paragraph 11 to the

extent supported by the lease cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 11. The allegations contained in

the last sentence of paragraph 11 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. A. The allegations contained in paragraph A 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. 12. Admits the allegations contained in paragraph 12 to the

extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 12 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied.

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13.

Admits the allegations contained in paragraph 13 to the

extent supported by the handbook cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 13. 14. 15. 16. 17. Denies. Denies. Denies. Admits the allegations contained in the last clause of

paragraph 17 to the extent supported by the lease cited, which is the best evidence of its contents. Denies the remaining

allegations contained in paragraph 17. 18. The allegations contained in paragraph 18 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. B. The allegations contained in paragraph B 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. i. Paragraph B(i) contains no allegations, to the extent

that it is deemed to contain allegations, they are denied. 19. The allegations contained in paragraph 19 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. 20. Admits the allegations contained in paragraph 20 to the

extent supported by the handboook cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 20. 21. The allegations contained in paragraph 21 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. 22. 23. 24. 25. 26. 27. 28. Denies. Denies. Denies. Denies. Denies. Denies. Admits the allegations contained in the first two

sentences of paragraph 28 to the extent supported by the lease cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first two sentences of paragraph 28. Denies the allegations contained in the last

sentence of paragraph 28. 29. Denies.

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30.

Denies the allegations contained in paragraph 30 for

lack of knowledge or information sufficient to form a belief as to their truth. iv. The allegations contained in paragraph iv 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. 31. 32. Denies. The allegations contained in paragraph 19 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. C. The allegations contained in paragraph C constitute To the

conclusions of law, to which no answer is required.

extent they may be deemed allegations of fact, they are denied. 33. Admits the allegations contained in the last sentence

of paragraph 33 to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 33 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 34. Admits the allegations contained in the first sentence

of paragraph 34 that the Government has adopted the position that plaintiff's approval is not required; otherwise denies the

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allegations contained in the first sentence of paragraph 34. allegations contained in the second sentence of paragraph 34

The

constitute conclusions of law, 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 materials

cited, which are the best evidence of their contents; otherwise denies the allegations contained in the last sentence of paragraph 34. 35. Denies the allegations contained in paragraph 35 for

lack of knowledge or information sufficient to form a belief as to their truth. 36. Admits the allegations contained in the last clause of

the first sentence of paragraph 36; otherwise, the allegations contained in the paragraph 36 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. 37. The allegations contained in the paragraph 37

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. D. The allegations contained in paragraph D constitute To the

conclusions of law, to which no answer is required.

extent they may be deemed allegations of fact, they are denied.

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38.

Admits the allegations contained in paragraph 38 to the

extent supported by the lease cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 37. 39. Admits the allegations contained in paragraph 39

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 39 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 40. Admits the allegations contained in paragraph 40

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 40 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 41. Admits the allegations contained in paragraph 41 to the

extent supported by the lease cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 41. 42. Admits the allegations contained in paragraph 42 to the

extent supported by the decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 42.

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43.

Admits the allegations contained in paragraph 43

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 43 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 44. Admits the allegations contained in paragraph 44

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 44 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 45. The allegations contained in paragraph 45 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 46. The allegations contained in the paragraph 46

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

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

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E.

The allegations contained in paragraph E 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. The allegations contained in the paragraph 48

constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. E.i. 49. Denies. Admits the allegations contained in the first two

sentences of paragraph 49 to the extent supported by the lease and work authorization cited, which are the best evidence of their contents; otherwise denies the allegations contained in the first two sentences of paragraph 49. The remaining allegations

contained in paragraph 49 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. E.ii. 50. Denies.

Admits the allegations contained in paragraph 50

regarding the contents of the lease and list to the extent supported by the lease and list cited, which are the best evidence of their contents; otherwise, the allegations contained in paragraph 50 constitute conclusions of law, to which no answer

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is required; to the extent they may be deemed allegations of fact, they are denied. E(iii). The allegations contained in paragraph E(iii)

constitute plaintiff's conclusions of law, to which no answer is required. To the extent they may be deemed allegations of fact,

they are denied. 51. 52. Denies. Admits the allegations contained in paragraph 52

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 52 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. E(iv). 53. Denies.

The allegations contained in the first sentence of

paragraph 53 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in second sentence of paragraph 53 for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in

the third sentence of paragraph 53. 54. Denies.

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55.

The allegations contained in paragraph 55 constitute

plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 56. Admits the allegations contained in the first sentence

of paragraph 56 regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in the first sentence of paragraph 56 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 57. The allegations contained in the first sentence of

paragraph 57 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the remaining allegations contained in paragraph 57. E(vii). Admits the allegations contained in paragraph

E(vii) work authorizations cited; otherwise denies the allegations contained in paragraph E(vii). 58. The allegations contained in the first two clauses of

paragraph 58 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. paragraph 58. Denies the remaining allegations contained in

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F.

The allegations contained in paragraph F 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. F(i). The allegations contained in paragraph F(i)

constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required. To the

extent they may be deemed allegations of fact, they are denied. 59. Admits the allegations contained in the first two

sentences of paragraph 59 regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in the first two sentences of paragraph 59 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the

remaining allegations contained in paragraph 59. 60. Admits the allegations contained in paragraph 60

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 60 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 61.
Denies

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

of paragraph 61.

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sentence of paragraph 61 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. F(ii). The allegations contained in paragraph F(ii)

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. 62. Admits the allegations contained in the first sentence

of paragraph 62 regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in the first sentence of paragraph 62 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. allegations contained in paragraph 62. F(iii). The allegations contained in paragraph F(iii) Denies the remaining

constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required. To the

extent they may be deemed allegations of fact, they are denied. 63. Admits the allegations contained in the first sentence

of paragraph 63 regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in the first

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sentence of paragraph 63 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. allegations contained in paragraph 63. F(iv). The allegations contained in paragraph F(iv) Denies the remaining

constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required. To the

extent they may be deemed allegations of fact, they are denied. 64. 65. 66. Denies. Denies. Denies the allegations contained in the first sentence Admits the allegations contained in the second

of paragraph 66.

sentence of paragraph 66 to the extent supported by the lease cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 66. 67. Admits the allegations contained in paragraph 67

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 67 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 68. The allegations contained in paragraph 68 constitute

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

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to which no answer is required.

To the extent they may be deemed

allegations of fact, they are denied. F(v). The allegations contained in paragraph F(v)

constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required. To the

extent they may be deemed allegations of fact, they are denied. 69. The allegations contained in the first sentence of

paragraph 69 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 70. 71. 72. 73. 74. 75. 76. G. 77. Admits. Denies. Denies. Denies. Denies. Denies. Denies. Denies. Admits the allegation that incentive fee awards are

determined by an Incentive Fee Board based upon performance. Otherwise, the allegations contained in paragraph 77 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied.

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78. 79. 80. 81. 82.

Denies. Denies. Denies. Denies. Admits the allegations contained in paragraph 82

regarding the contents of the lease to the extent supported by the lease cited, which is the best evidence of its contents; otherwise, the allegations contained in paragraph 82 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. H. 83. Denies. The allegations contained in paragraph 83 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. 84. 85. Denies. The allegations contained in paragraph 85 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. 86. The allegations contained in paragraph 86 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. 87. The allegations contained in paragraph 87 constitute

plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 88. The allegations contained in paragraph 88 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. 89. The allegations contained in paragraph 89 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. 90. Defendant's responses to paragraphs 1 through 89 of the

complaint are incorporated by reference. 91. The allegations contained in paragraph 91 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. 92. Denies that plaintiff has suffered any damages.

Otherwise, the allegations contained in paragraph 92 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. 93. Defendant's responses to paragraphs 1 through 92 of the

complaint are incorporated by reference. 94. The allegations contained in paragraph 94 constitute To the

conclusions of law, to which no answer is required.

extent they may be deemed allegations of fact, they are denied. 95. The allegations contained in paragraph 94 constitute To the

conclusions of law, to which no answer is required.

extent they may be deemed allegations of fact, they are denied. 96. Denies that plaintiff has suffered any damages.

Otherwise, the allegations contained in paragraph 96 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. 97. Defendant's responses to paragraphs 1 through 96 of the

complaint are incorporated by reference. 98. 99. Denies. Denies that plaintiff is entitled to the relief set

forth in paragraph 99. 100. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief immediately following paragraph 99, or to any relief whatsoever.

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101.

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 s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL WILLIAM. M. EDWARDS Assistant District Counsel United States Army Corps of Engineers Alaska District

s/Donald E. Kinner DONALD E. KINNER Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7644 Attorneys for Defendant

August 6, 2004

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Certificate of Filing I hereby certify that on August 6, 2004, a copy of the 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. may access this filing through the Court's system. Parties

s/Donald E. Kinner

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