Free Answer - District Court of Federal Claims - federal

Case 1:07-cv-00815-TCW

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

No. 07-815C (Judge Wheeler)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: The allegations contained in the paragraph, which precedes paragraph 1, are 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, defendant admits the allegations in the first and third sentences and denies the allegations in the second sentence. 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 admitted to the extent they pertain to Count I and otherwise denied. 2. The allegation contained in paragraph 2 constitutes a conclusion of law to which

no answer is required; to the extent it may be deemed an allegation of fact, it is admitted. 3. Admits that Call Henry, Inc. ("Call Henry") is a Government contractor.

Otherwise denies the allegations contained in paragraph 3 for lack of knowledge or information sufficient to form a belief as to their truth. 4. Admits.

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5.

Admits the allegations contained in paragraph 5 to the extent supported by the

solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 5. 6. Admits the allegations contained in paragraph 6 to the extent supported by the

solicitation, 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

solicitation cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. Further avers that the solicitation refers to the number of hours as "estimated." 8. Admits the allegations contained in paragraph 8 to the extent supported by the

solicitation, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. Further avers that the solicitation refers to the number of hours as "estimated." 9. Admits the allegations contained in paragraph 9 to the extent supported by the

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

document quoted, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. Admits the allegations contained in paragraph 11 to the extent supported by the

document quoted, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 11.

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12.

Admits the allegations contained in paragraph 12 to the extent supported by the

document quoted, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 12. 13. The allegations contained in paragraph 13 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 14. Admits the allegations contained in paragraph 14 to the extent supported by the

solicitation, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 14. Further avers that the solicitation refers to the number of hours as "estimated." 15. 16. 17. Admits. Admits. The allegations contained in paragraph 17 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, defendant admits that, during the base year and the first option year, the agency ordered fewer hours of Call Henry's services than the agency originally had estimated in the solicitation; otherwise denies. 18. Admits that, during the base year, the agency ordered approximately 130,160

hours of Call Henry's services, or approximately 17.77 percent less than the 158,280 hours that the agency originally had estimated in the solicitation; otherwise denies. 19. Admits that, during the first option year, the agency ordered approximately

127,844 hours of Call Henry's services, or approximately 19.23 percent less than the 158,280 hours that the agency originally had estimated in the solicitation; otherwise denies.

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20.

The allegations contained in paragraph 20 are 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. 21. The allegations contained in paragraph 21 are 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, defendant admits that the agency directed potential bidders to use the estimated number of hours set forth in the solicitation for the purpose of preparing bids; otherwise denied. 22. The allegations contained in paragraph 22 are conclusions of law, to which no

answer is required; to the extent they may be deemed allegations of fact, defendant admits that the agency advised Call Henry to comply with contract terms pertaining to overhead positions; otherwise denied. 23. The allegations contained in paragraph 23 are conclusions of law, to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 24. The allegations contained in paragraph 24 are 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. 25. Denies the allegation contained in paragraph 25 for lack of knowledge or

information sufficient to form a belief as to their truth. 26. Denies the allegations contained in paragraph 26 for lack of knowledge or

information sufficient to form a belief as to their truth 27. The allegations contained in paragraph 27 are 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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28.

Admits the allegations contained in paragraph 28 to the extent supported by the

letter cited and attached as Exhibit 1, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 28. 29. Admits the allegations contained in paragraph 29 to the extent supported by the

letter cited and attached as Exhibit 1, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 29. 30. Admits. COUNT I 31. Defendant's responses to paragraphs 1 through 30 of the complaint are

incorporated by reference. 32. Admits the allegations contained in paragraph 32 to the extent supported by the

solicitation cited, which is the best evidence of its contents; otherwise denies. 33. 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. Further avers that the solicitation refers to the number of hours as "estimated." 34. 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 admitted. 35. 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. 36. The allegations contained in paragraph 36 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 37. The allegations contained in paragraph 37 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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COUNT II The allegations contained in paragraphs 38 through 42, which constitute Count II, were dismissed pursuant to the Court's Order dated June 30, 2008, and no answer to these allegations is required. COUNT III The allegations contained in paragraphs 43 through 51, which constitute Count III, were dismissed pursuant to the Court's Order dated June 30, 2008, and no answer to these allegations is required. COUNT IV The allegations contained in paragraphs 52 through 54, which constitute Count IV, were dismissed pursuant to the Court's Order dated June 30, 2008, and no answer to these allegations is required. COUNT V The allegations contained in paragraphs 55 through 60, which constitute Count V, were dismissed pursuant to the Court's Order dated June 30, 2008, and no answer to these allegations is required. 61. Defendant denies that plaintiff is entitled to the relief set forth in the prayer for

relief immediately following paragraph 60, or to any relief whatsoever. 62. Defendant denies each and every other allegation not previously admitted or

otherwise qualified.

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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,

GREGORY G. KATSAS Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Patricia M. McCarthy PATRICIA M. MCCARTHY Assistant Director

s/Douglas G. Edelschick DOUGLAS G. EDELSCHICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L. Street, N.W. Washington, DC 20530 Tel: (202) 353-9303 July 16, 2008 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on July 16, 2008, a copy of 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. Parties may access this filing through the Court's system.

s/Douglas G. Edelschick

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