Free Answer to Amended Complaint - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS L.P. CONSULTING GROUP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-868C (Judge Allegra)

DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT For its answer to plaintiff's second amended complaint, defendant admits, denies, and alleges as follows: The allegations contained in plaintiff's introductory paragraph constitute conclusions of law and plaintiff's characterization of this action, to which no response is required. The Parties 1. Denies the allegations contained in paragraph 1 for lack

of information or knowledge sufficient to form a belief as to their truth. 2. Admits the allegations contained in the first sentence

of paragraph 2 to the extent supported by the contract documents referenced, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 2. Admits the allegation contained in the second

sentence of paragraph 2.

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Jurisdiction 3. The allegations contained in paragraph 3 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. The Contracts 4. Admits the allegations contained in paragraph 4 to the

extent supported by the contract document referenced, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegations contained in the first sentence Denies the allegations contained in the second

of paragraph 5.

sentence of paragraph 5 for lack of information or knowledge sufficient to form a belief as to their truth. The allegations

contained in the third sentence of paragraph 5 are plaintiff's characterizations of its actions, to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 6. Admits the allegations contained in paragraph 6 to the

extent supported by the contract document referenced, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6. 7. Admits the allegations contained in paragraph 7 to the

extent supported by the contract document referenced, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. - 2 -

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8.

Admits the allegations contained in the first sentence

of paragraph 8 to the extent supported by the contract document referenced, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 8. The allegations contained in the second and third

sentences of paragraph 8 constitute conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 9. Admits the allegations contained in paragraph 9 to the

extent supported by the contract documents referenced, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 9. 10. Admits the allegations contained in paragraph 10 to the

extent supported by the contract documents referenced, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 10. 11. Denies the allegations contained in paragraph 11 for

lack of information or knowledge sufficient to form a belief as to their truth. 12. The allegations contained in paragraph 12 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Facts Applied To All Counts 13. The allegations contained in paragraph 13 constitute

conclusions of law to which no response is required; to the - 3 -

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extent that they may be deemed allegations of fact, they are denied. 14. 15. Denies the allegations contained in paragraph 14. Admits the allegation contained in paragraph 15 that LP

Consulting produced some draft work orders; denies all remaining allegations contained in paragraph 15 for lack of information or knowledge sufficient to form a belief as to their truth. 16. 17. Denies the allegations contained in paragraph 16. The allegations contained in paragraph 17 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 18. 19. Denies the allegations contained in paragraph 18. Admits the allegations contained in paragraph 19 to the

extent supported by the contract documents referenced, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 19. 20. The allegations contained in paragraph 20 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 21. 22. Denies the allegations contained in paragraph 21. The allegations contained in paragraph 22 constitute

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

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23.

Admits the allegations contained in paragraph 23 that

defendant used the architectural/engineering firm of A.M. Fernandez to receive some proposals; otherwise denies the allegations contained in paragraph 23. 24. Admits the allegation contained in paragraph 24 that

the Contracting Officer told plaintiff that A.M. Fernandez had received some bids in connection with defendant's handicapped ramp program in that region; otherwise denies the allegations contained in paragraph 24. 25. The allegations contained in paragraph 25 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 26. Admits the allegation contained in the first sentence

of paragraph 26 that the contracting officer received a document related to the facilities listed on or about March 11, 1998; denies any remaining allegations contained in the first sentence of paragraph 26. Admits the allegation contained in the second

sentence of paragraph 26 that the contracting officer received a document related to the facilities listed on or about April 15, 1998; denies any remaining allegations contained in the second sentence of paragraph 26. Admits the allegation contained in the

third sentence of paragraph 26 that a written decision was not rendered by the contracting officer within sixty days; denies any remaining allegations contained in the third sentence of paragraph 26. The allegations contained in the fourth sentence - 5 -

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of paragraph 26 constitute conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 27. The allegations contained in paragraph 27 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 28. The allegations contained in paragraph 28 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 29. Denies the allegations contained in paragraph 29 for

lack of information or knowledge sufficient to form a belief as to their truth. 30. Denies the allegations contained in paragraph 30 for

lack of information or knowledge sufficient to form a belief as to their truth. Count I 31. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 31. 32. 33. Denies the allegations contained in paragraph 32. Denies the allegations contained in paragraph 33 for

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

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34.

Denies the allegations contained in paragraph 34 for

lack of information or knowledge sufficient to form a belief as to their truth. 35. Admits the allegations contained in paragraph 35 that

defendant made an award to another contractor based on a fixed price contract; otherwise denies the allegations contained in paragraph 35. 36. The allegations contained in paragraph 36 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count II 37. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 37. 38. 39. Denies the allegations contained in paragraph 38. Denies the allegations contained in paragraph 39 for

lack of information or knowledge sufficient to form a belief as to their truth. 40. Denies the allegations contained in paragraph 40 for

lack of information or knowledge sufficient to form a belief as to their truth. 41. Admits the allegations contained in paragraph 41 that

defendant made an award to another contractor based on a fixed price contract; otherwise denies the allegations contained in paragraph 41. - 7 -

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42.

The allegations contained in paragraph 42 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 43. The allegations contained in paragraph 43 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count III 44. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 44. 45. 46. Denies the allegations contained in paragraph 45. Denies the allegations contained in paragraph 46 for

lack of information or knowledge sufficient to form a belief as to their truth. 47. Admits the allegations contained in paragraph 47 that

defendant made an award to another contractor based on a fixed price contract; otherwise denies the allegations contained in paragraph 47. 48. The allegations contained in paragraph 48 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 49. The allegations contained in paragraph 49 constitute

conclusions of law to which no response is required; to the - 8 -

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extent that they may be deemed allegations of fact, they are denied. Count IV 50. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 50. 51. 52. Denies the allegations contained in paragraph 51. Denies the allegations contained in paragraph 52 for

lack of information or knowledge sufficient to form a belief as to their truth. 53. Admits the allegations contained in paragraph 53 that

defendant made awards of other contracts to other contractors; otherwise denies the allegations contained in paragraph 53. 54. The allegations contained in paragraph 54 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 55. The allegations contained in paragraph 55 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count V 56. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 56. 57. Denies the allegations contained in paragraph 57. - 9 -

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58.

Denies the allegations contained in paragraph 58 for

lack of information or knowledge sufficient to form a belief as to their truth. 59. Denies the allegations contained in paragraph 59.

Avers that, on August 28, 1999, defendant made an award to another contractor for different work on the Aroma Park Post Office. 60. The allegations contained in paragraph 60 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 61. The allegations contained in paragraph 61 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count VI 62. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 62. 63. 64. Denies the allegations contained in paragraph 63. Denies the allegations contained in paragraph 64 for

lack of information or knowledge sufficient to form a belief as to their truth. 65. 66. Denies the allegations contained in paragraph 65. The allegations contained in paragraph 66 constitute

conclusions of law to which no response is required; to the - 10 -

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extent that they may be deemed allegations of fact, they are denied. 67. The allegations contained in paragraph 67 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count VII 68. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 68. 69. Denies the allegations contained in the first sentence Denies the allegations contained in the second

of paragraph 69.

sentence of paragraph 69 for lack of information or knowledge sufficient to form a belief as to their truth. 70. Denies the allegations contained in paragraph 70.

Avers that defendant made an award to another contractor for construction of the ramp at the Bradley Post Office. 71. The allegations contained in paragraph 71 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 72. The allegations contained in paragraph 72 constitute

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

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Count VIII 73. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 73. 74. 75. Denies the allegations contained in paragraph 74. Denies the allegations contained in paragraph 75 for

lack of information or knowledge sufficient to form a belief as to their truth. 76. 77. Denies the allegations contained in paragraph 76. The allegations contained in paragraph 77 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 78. The allegations contained in paragraph 78 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count IX 79. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 79. 80. Denies the allegations contained in first sentence of Denies the allegations contained in the second

paragraph 80.

sentence of paragraph 80 for lack of information or knowledge sufficient to form a belief as to their truth.

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81.

Admits the allegations contained in paragraph 81 that

defendant made an award to another contractor for construction of the ramp at the Momence Post Office based on a fixed price contract; otherwise denies the allegations contained in paragraph 81. 82. The allegations contained in paragraph 82 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 83. The allegations contained in paragraph 83 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count X 84. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 84. 85. 86. Denies the allegations contained in paragraph 85. Denies the allegations contained in paragraph 86 for

lack of information or knowledge sufficient to form a belief as to their truth. 87. 88. Denies the allegations contained in paragraph 87. The allegations contained in paragraph 88 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. - 13 -

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89.

The allegations contained in paragraph 89 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count XI 90. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 90. 91. 92. Denies the allegations contained in paragraph 91. Denies the allegations contained in paragraph 92 for

lack of information or knowledge sufficient to form a belief as to their truth. 93. 94. Denies the allegations contained in paragraph 93. The allegations contained in paragraph 94 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 95. The allegations contained in paragraph 95 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Count XII 96. Defendant incorporates its responses to the allegations

contained in paragraphs 1 through 30 of the second amended complaint in response to paragraph 96. 97. Denies the allegations contained in paragraph 97. - 14 -

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98.

Denies the allegations contained in paragraph 98 for

lack of information or knowledge sufficient to form a belief as to their truth. 99. 100. Denies the allegations contained in paragraph 99. The allegations contained in paragraph 100 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 101. The allegations contained in paragraph 101 constitute

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 102. The allegations contained in paragraph following

paragraph 101 are general descriptions of plaintiff's requests for relief and conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 103. 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 second amended 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

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DAVID M. COHEN Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/Domenique Kirchner DOMENIQUE KIRCHNER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, L St. Building Washington, D.C. 20530 Tele: (202) 307-0290 Attorneys for Defendant

Of Counsel: STEPHEN D. LOBAUGH United States Postal Service

September 17, 2004

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 17th of September, 2004, I caused to be placed in the United States mail (first-class mail, postage paid) copies of the foregoing "DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT" addressed as follows:

Brian Cohen Bell, Boyd & Lloyd 1615 L Street NW, Suite 1200 Washington, D.C. 20036-5610 _________________