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

Case 1:01-cv-00642-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
GASA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 01-642C (Judge Margaret M. Sweeney) Filed Electronically

PLAINTIFF'S RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT SUBMITTED IN CONJUNCTION WITH DEFENDANT'S RESPONSE TO PLAINTIFF'S THIRD AMENDED COMPLAINT AND RENEWED MOTION FOR SUMMARY JUDGMENT Plaintiff, GASA, Inc. ("GASA"), hereby responds to the Proposed Findings of Uncontroverted fact presented by Defendant in Support of its Renewed Motion for Summary Judgment. In light of the fact that Defendant incorporated by reference its previous set of Proposed Findings numbered 1 through 111, GAS incorporates by reference its previously filed response to those Proposed Findings of Fact. Plaintiff responds to the new Proposed Findings 112-130, as follows: 112. 113. 114. 115. 116. Admitted. Admitted. Admitted. Admitted. To the extent that Paragraph 116 is an accurate recitation of the language

contained in GASA's September 26, 2000 letter, it is admitted. 117. It is admitted that on November 16, 2000, GASA requested reimbursement in the

amount of $29,305.70 for disposal of certain uncontaminated material to a landfill designated for contaminated materials, pursuant to a Corps directive. By way of further response, GASA

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advised the Corps that this material could have been disposed of in a more cost efficient manner, at any approved solid waste facility. See Plaintiff's Original Appendix at 147. 118. 119. Admitted. Paragraph 119 is denied as stated. First, Paragraph 119 refers to a letter written

letter by Joseph F. Thomas of the Army Corps of Engineers, and not to the contract itself. To the extent that Mr. Thomas was attempting to paraphrase Specification Section 02040, Paragraphs 3.1 and 3.2, said paragraphs speak for themselves. 120. To the extent that Paragraph 120 is an accurate recitation of Contract

Specification Section 02040, Paragraph 3.1, it is admitted. 121. To the extent that Paragraph 121 is an accurate recitation of Specification Section

02040, Paragraph 3.2, it is admitted. 122. To the extent that Paragraph 122 is an accurate recitation of the Corps' July 7,

2006 letter, it is admitted. 123. To the extent that Paragraph123 is an accurate recitation of Contract Specification

Section 00800, Cause 252.236-7003, it is admitted. 124. It is admitted only that on or about September 13, 2000, GASA submitted Pay

Estimate No. 1 relating to costs incurred for the period August 15, 2000 through August 31, 2000. 125. 126. 127. 128. Admitted. Admitted. Admitted. Denied. Pay Estimate No. 2 was submitted on or about November 13, 2000, and

with respect to the $143,321.04 in certified labor costs for Massimo Corporation, the time period

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for Pay Estimate No. 2 was from September 1, 2000 to October 24, 2000. See Defendant's Appendix in Support of Renewed Motion for Summary Judgment at 120. 129. Denied. According to Pay Estimate Nos. 1 and 9, $250,000 was paid under the See Defendant's Appendix in Support of

line item of "mobilization and demobilization." Renewed Motion for Summary Judgment at p. 147. 130. Admitted.

Respectfully submitted, Date: March 2, 2007 /s/ Eric G. Soller Eric G. Soller, Esquire PIETRAGALLO BOSICK & GORDON, LLP 38th Floor One Oxford Centre Pittsburgh, PA 15219 (412) 263-2000 (412 261-5295 fax Attorneys for Plaintiff, GASA, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on March 2, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send a notification of such filing to the following: WILLIAM A. LUBICK Assistant District Counsel Department of the Army Pittsburgh District Corps of Engineers Federal Building, Suite 1813 1000 Liberty Avenue Pittsburgh, PA 15222 BRIAN SMITH Attorney Department of Justice Room 4054 1100 L St., NW Washington, D.C. 20530

/s/ Eric G. Soller Eric G. Soller