Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-01368-RHH

Document 8

Filed 10/25/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRUNLEY CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) No. 04-1368C ) ) (Judge Hodges) ) ) ) )

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSE For its answer to plaintiff's complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 constitute conclusions of law and plaintiff's characterizations of its case, to which no response is required; to the extent they may be deemed allegations of fact, admits that the National Archives and Records Administration awarded Contract NO. NAMA-00-SEM-0012 to Grunley Construction Company, Inc., and admits the allegations contained in paragraph 1 to the extent supported by the contract, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 1. 2. The allegations contained in paragraph 2 constitute conclusions of law and plaintiff's characterizations of its case, to which no response is required; to the extent they may be deemed allegations of fact, admits the allegations contained in paragraph 2 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 2. 3. The allegations contained in paragraph 3 are conclusions of law to which no

Case 1:04-cv-01368-RHH

Document 8

Filed 10/25/2004

Page 2 of 3

response is required. 4. Admits the allegations contained in paragraph 4 to the extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegations contained in paragraph 5 to the extent supported by the contract and the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 5. 6. Admits the allegations contained in paragraph 6 to the extent supported by the contract and the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 6. 7. Denies the allegations contained in the first sentence of paragraph 7 for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. Admits the allegations in the second sentence of paragraph 7 to the extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in the second sentence of paragraph 7. 8. Admits the allegations contained in paragraph 8 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations in paragraph 8. 9. Denies the allegations contained in the first sentence of paragraph 9. Admits the allegations contained in the remainder of paragraph 9 to the extent supported by the contracting officer's decision, which is the best evidence of its contents; 2

Case 1:04-cv-01368-RHH

Document 8

Filed 10/25/2004

Page 3 of 3

otherwise denies the allegations in paragraph 9. 10. Denies the allegations contained in paragraph 10 for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 11. Denies that plaintiff is entitled to the relief set forth in the prayer for relief immediately following paragraph 10, or to any relief whatsoever. 12. Denies each and every allegation not previously admitted or otherwise qualified. FIRST AFFIRMATIVE DEFENSE 13. Plaintiff's claim is barred by its failure to seek clarification on the alleged ambiguity prior to submitting its bid. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director Of Counsel: Stephani L. Abramson Assistant General Counsel National Archives and Records Administration 8601 Adelphi Road Room 3110 College Park, MD 20740 s/ Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Divison Department of Justice 1100 L Street, N.W. Attn: Classifications Unit, 8th Floor Washington, DC 20530 Tel. (202) 307-1011 Fax. (202) 307-0972 Attorneys for Defendant

October 25, 2004

3