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

Case 1:02-cv-01500-GWM

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Filed 10/02/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JACOBS ENGINEERING GROUP, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 02-1500C (Judge George W. Miller)

DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT 1. The sum of allowable costs plus fee sought by the

plaintiff, Jacobs Engineering Group, Inc. ("Jacobs"), as of July 14, 2006 (when Jacobs filed its motion for summary judgment regarding damages) is $7,064,722. Jacobs PFUF 8 n.2 (total

allowable costs claimed plus total fee claimed equals $7,064,722) (accepting the amount found by the contracting officer).1 2. The sum of fee for Jacobs and fee for its

subcontractors included in the total claim identified by Jacobs ($7,064,722) in its motion for summary judgment, dated July 14, 2006, equals $565,450. Jacobs Mot. at 9 ("Included in Jacobs'

total performance costs is fee of $565,450");2 Jacobs PFUF 6 ("565,450 as fee for Jacobs and its subcontractors").

"Jacobs PFUF" refers to the proposed findings of uncontroverted fact filed by Jacobs on July 14, 2006. "Jacobs Mot." refers to the motion for summary judgment filed by Jacobs, dated July 14, 2006.
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3.

The difference between the total sum claimed by Jacobs

(for allowable costs plus fee) and the amount of fee claimed by Jacobs equals $6,499,272. our PFUF 2 ($565,450). 4. The amount that Energy has previously paid Jacobs equals Jacobs PFUF 8 n.2 (total amount paid by Energy Compare our PFUF 1 ($7,064,722) with

$5,579,600.

equals $5,579,600) (accepting amount found by the contracting officer). 5. The difference between the amount of allowable cost

claimed by Jacobs (excluding fee) and the amount already paid by Energy equals 919,672. PFUF 4 ($5,579,600). 6. Under contract no. DE-AC21-92MC-28202, the United Compare our PFUF 3 ($6,499,272) with our

States owes Jacobs a total amount of $919,672 for allowable costs (as defined in Federal Acquisition Regulation). 7. The United States owes Jacobs interest upon the sum

identified in our PFUF 6, in accordance with 41 U.S.C. § 611, commencing from April 29, 2002, until paid. Respectfully submitted, PETER D. KEISLER Assistant Attorney General S/ David M. Cohen DAVID M. COHEN Director

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S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 October 2, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on October 2, 2006, a copy of the foregoing "DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT" 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. the Court's system. S/ James W. Poirier Parties may access this filing through