Free Decision by Agency - District Court of Federal Claims - federal

Case 1:07-cv-00631-TCW

Document 12

Filed 12/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BEARINGPOINT, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 07-631C (Judge Wheeler)

DEFENDANT'S TRANSMITTAL OF THE GENERAL SERVICES ADMINISTRATION CONTRACTING OFFICER'S FINAL DECISION ISSUED PURSUANT TO THE COURT'S REMAND ORDER Pursuant to the Court's order dated November 9, 2007, and Rule 52.2(b)(3) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully submits the attached December 19, 2007 contracting officer's final decision issued by the United States General Services Administration in accordance with this Court's remand order. We note that Rule 52.2(b)(4) provides a potentially applicable post-remand procedure related to ascertaining the parties' views regarding further proceedings. Regardless of whether the Court determines that procedure to be applicable in this case, we request that the Court provide a deadline for BearingPoint to inform the Court whether it intends to challenge the GSA's final decision, and, if so, whether it intends to file an amended complaint in this Court in lieu of filing an appeal in the board of contract appeals. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General /s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:07-cv-00631-TCW

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Filed 12/20/2007

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/s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-6462 Fax: (202) 514-7969 December 20, 2007 Attorneys for Defendant

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Case 1:07-cv-00631-TCW

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Filed 12/20/2007

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CERTIFICATE OF FILING I hereby certify that on December 20, 2007, a copy of "DEFENDANT'S TRANSMITTAL OF THE GENERAL SERVICES ADMINISTRATION CONTRACTING OFFICER'S FINAL DECISION ISSUED PURSUANT TO THE COURT'S REMAND ORDER" 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/ Franklin E. White Jr. FRANKLIN E. WHITE, JR.