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

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 1 of 9

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HEUBECK SPRINKLER INSPECTION COMPANY, INC. Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-1470c (Judge Bush)

DEFENDANT'S AMENDED ANSWER AND AFFIRMATIVE DEFENSES For its answer to the amended complaint, defendant, the United States, admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 constitute

legal conclusions to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute

legal conclusions to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 3. Denies the allegations contained in paragraph 3 for

lack of knowledge or information sufficient to form a belief as to their truth. 4. 5. Admits. Admits the allegations contained in paragraph 5 to the

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

extent supported by the document cited, which is the best evidence of the contents; otherwise denies.

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 2 of 9

7.

Admits the allegations contained in paragraph 7 to the

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

extent supported by the document to which it refers, which is the best evidence of the contents; otherwise denies. 9. Denies the allegations contained in the first clause of Admits the allegations

the first sentence of paragraph 9.

contained in the second clause of the first sentence of paragraph 9. Admits the allegations contained in the second sentence of

paragraph 9 to the extent supported by the text of the document to which it refers, which is the best evidence of its contents; otherwise denies. 10. Admits the allegations contained in the first sentence

of paragraph 10 only to the extent supported by the contract, which is the best evidence of its contents; otherwise denies. Denies the allegations contained in the second sentence of paragraph 10. Admits the allegations contained in the third Admits that HSIC submitted a proposal;

sentence of paragraph 10.

denies the remainder of the fourth sentence of paragraph 10 as to what Plaintiff "rel[ied] upon" for lack of knowledge or information sufficient to form a belief as to their truth. 11. Admits the allegations contained in clause (a) of the

first sentence of paragraph 11 only to the extent supported by

2

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 3 of 9

the text of the document to which it refers, which is the best evidence of its contents; otherwise denies; denies the remainder of the first sentence of paragraph 11. Denies the allegations

contained in the second sentence of paragraph 11 for lack of knowledge or information sufficient to form a belief as to their truth. 12. Admits the allegations contained in paragraph 12 only

to the extent supported by the modification of the contract, which is the best evidence of its contents; otherwise denies. 13. Admits that HSIC was assigned three task orders; otherwise denies allegations contained in paragraph 13. 14. Admits the allegations contained in paragraph 14 to

the extent supported by the text of the document to which it refers, which is the best evidence of its contents; otherwise denies. 15. The allegations contained in paragraph 15 constitute

conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 16. Admits the allegations in paragraph 16 only to the

extent supported by the text of the document to which it refers, which is the best evidence of its contents, and otherwise denies. 17. Admits.

3

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 4 of 9

18. 19. 20.

Admits. Repeats and realleges the responses to paragraphs 1-18. Admits the allegations of paragraph 20 only to the

extent supported by the text of the document to which it refers, which document is the best evidence of its contents. 21. The allegation contained in paragraph 21 is a

conclusion of law to which no answer is required. 22. The allegations contained in the first sentence of

paragraph 21 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. The remainder of paragraph 22 constitutes the

Plaintiff's prayer for relief and does not require a responsive pleading. 23. 22. 24. 25. Denies the allegations contained in paragraph 24. The allegations contained in paragraph 25 constitute Repeats and realleges the responses to paragraphs 1-

conclusions of law to which no answer is required. 26. The allegations contained in paragraph 26 constitute

conclusions of law to which no answer is required. 27. The allegations contained in paragraph 27 constitute

conclusions of law to which no answer is required. 28. Repeats and realleges the responses to paragraphs 1-27.

4

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 5 of 9

29.

The allegations contained in paragraph 29 constitute

conclusions of law to which no answer is required. 30. The allegations contained in paragraph 30 constitute conclusions of law to which no answer is required. 31. Denies. 32. Denies. 33. Admits the allegations of paragraph 33 only to the extent supported by the text of the documents to which it refers, which document is the best evidence of its contents. 34. The allegations contained in the first sentence of paragraph 34 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. The remainder of paragraph 34 constitutes the

Plaintiff's prayer for relief and does not require a responsive pleading. 35. Repeats and realleges the responses to paragraphs 1-34. 36. Admits the allegations contained in the first clause of the first sentence of paragraph 36; admits the allegations of the second clause only to the extent supported by the text of the document to which it refers, which document is the best evidence of its contents. 37. Denies the allegations contained in paragraph 37 for lack of knowledge or information sufficient to form a belief as to their truth.

5

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 6 of 9

38. Denies. 39. Denies the allegations contained in the first sentence of paragraph 39 as to the basis for HSIC submitting a bid for lack of knowledge or information sufficient to form a belief as to its truth; the remainder of the second sentence of paragraph 39 constitutes a conclusion of law to which no response is required. The remainder of paragraph 39 constitutes the

Plaintiff's prayer for relief and does not require a responsive pleading. 40. Repeats and realleges the responses to paragraphs 1-39. 41. The allegations contained in paragraph 41 constitute conclusions of law to which no answer is required. 42. The allegations contained in paragraph 42 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. 43. The allegations contained in paragraph 42 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. 44. The allegations contained in the first sentence of paragraph 44 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. The remainder of paragraph 44 constitutes the

Plaintiff's prayer for relief and does not require a responsive pleading.

6

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 7 of 9

45. Repeats and realleges the responses to paragraphs 1-44. 46. Denies the allegations contained in paragraph 46 for lack of knowledge or information sufficient to form a belief as to their truth. 47. The allegations contained in paragraph 47 constitute legal conclusions to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 48. The allegations contained in paragraph 48 constitute conclusions of law to which no response is required. 49. Denies that plaintiff is entitled to the relief set forth in the prayer for relief immediately following paragraph 48, or to any relief whatsoever. 50. Denies each and every allegation not previously

admitted or otherwise qualified.

AFFIRMATIVE DEFENSES 51. Plaintiff's claims are barred in whole or in part by

accord and satisfaction. 52. Plaintiff's claims are barred in whole or in part by

the doctrine of estoppel.

WHEREFORE, defendant respectfully requests that the Court enter judgment for defendant, dismiss the complaint, and grant

7

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 8 of 9

defendant such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: STEPHEN L. SCHWARTZ Assistant Regional Counsel U.S. General Services Administration 301 Seventh St., S.W. Washington, D.C. 20407 S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 307-1011 Fax: (202) 514-7964 Attorneys for Defendant

July 29, 2005

8

Case 1:04-cv-01470-LJB

Document 18

Filed 07/29/2005

Page 9 of 9

CERTIFICATE OF FILING I hereby certify that on this 29th day of July, 2005 a copy of the foregoing "AMENDED ANSWER AND AFFIRMATIVE DEFENSES" 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 parties may access this filing

through the Court's system. s/Tara K. Hogan

9