this is obviously the basis of the court of several claims decision and our focus today simply put what was the offer the offer was extended by the c d c to dr lee to enter into a nationwide research project for the purposes purpose of finding a practical and reliable test for the diagnosis of early lyme disease the specific details included using dr  sequencing tests for lunch as easy as the comparative test against which other tests from selected sources would be measured this is what is meant by the term gold standard as used in the amended complaint at paragraph thirty complaint which in essence set forth the offer that was extended to dr lee and the offer was that dr levy would engage in a research study with the c d c that would be conducted on a nationwide basis and as part of the study dr lee's test would be utilized as the gold standard in other words other tests which would be solicited by the c b c would be so that was the offer and as part of that offer it was contemplated by the parties that dr lee's test would be taken through a couple of rounds of reliability testing and then the parties would depending on the if the results were favorable d the parties would then collaborate and draft a protocol the protocol if you will would be used as the manual so to speak for the implementation statement which is one of the things you say constituted the offer and i'm not seeing how one maps onto the other a statement made at a conference just the entire conference maps on to what your allegation is and paragraph sixteen gender stand my problem i do your honor and i respectfully would like to clarify what appears to be some confusion about the import of the public statement that you are referring to in paragraph thirteen this statement in and of itself does not represent the c d c contract offer for the research project rather this statement led to a dialogue between the parties and expression of interest it was an invitation if you will there was an expression of interest there were discussions between dr lee and the c d c that led up to the formal offer by the c d c for dr levy to be the principal researcher assisting the c d c to conduct the research project which is described not only in paragraph sixteen but also in the protocol the study proceeded there might be a grant that was issued to cover dr dr lee's cause and i believe there is a an allegation in the complaint that addresses that he was there was a representation  him that there in paragraph twenty one by dr fry for that dr lee would likely receive a grant is the word going forward but i'd like to just take you back if i may to the essence of paragraph forty two attachment sixteen and seventeen to the amended complaint i don't see attachment sixteen and seventeen and the appendix before me in my and i incorrect do understand that those are not i have not been provided to the court well they are not in the court appendix before you but they are in the master appendix to the amended complaint at attachment seventeen an eighteen  point of of this case is that the congress the contract wasn't about seeking a grantor securing the grant the contract was an implied in fact contract between the c dr lee to conduct this national study the c d c would utilize dr lee's test there would be a protocol that was designed around utilizing that test and then identifying facilities and testing laboratory which eighteen we believe that those paragraphs along with paragraph forty are an integral part of the analysis that leads up to whether or not there was a plausible offer as alleged by dr lee and we believe that there was such a plausible offer i'd like to move on since i'm running out of time to acceptance and direct your attention to paragraph fifteen wherein it is alleged that dr lee accepted the plan that needs to be taken in the context of paragraph thirteen dollars fourteen cents the plan that was accepted is described in paragraph sixteen and the c understood that dr lee had accepted the plan for the research project when doctors commence the research project by supplying the material samples to dr lee under materials agreement number one finally with thank you that isn't what the intent of the pleading stage at this point is all about it should be about whether or not dr lee has sufficiently alleged actual authority and i believe i've s brief more than adequately in terms of the aggregate allegations as well as the m t a number one and m t a number two where and dr bell has been identified as the authorized official for the provider and both in m t a referred to the research project and not just a limited transfer of materials and i think that that more than sufficiently meets the standard and raises it from possible to actual authority vested with the government agent doing the contracting to bind the government to the contract each of these elements is mandatory if anyone is missing then there can be no valid contract that is formed no breach of health institution and one of the things that they do is that they interact with members of the scientific community they provide materials they provide the benefit of their expertise and that was the nature of the doctor leaves interactions with  transfer agreement that the c d c is to provide materials and to provide things that would enable researchers to further their own research pursuit what were the c d c is not personally getting involved in that research and if the c d c had wanted to get no factual allegations on the face of dr lee's complaint to indicate that the c d c wanted to get involved in that research or that the c d c intended to contractually commit to promoting or enforcing that here and that importantly just doesn't make sense for a valid contract the acceptance that she identifies the paragraph fifteen the only thing that happened before that was the public weapon are where the c d c presented to the but more fundamentally even if she did have that authority dr bell never interacted with dr lee and he conceded that below and doesn't use that on appeal and therefore whatever authority she may have had it could not  both his original complaint and the court appointed gave him an opportunity to amended complaint and to address some of the concerns that the court had identified with an ordinal complaint the factual allegations containe scientific foundation conferences discussions the stranger materials and ideas these things are the foundation in the bedrock of scientific advancement but they are not sufficient for nor are they indicative of contract f on any one of them that is sufficient to a form from judgment here and so the court should a far thank you to rebuttal from the other side thank you very much i think much of what counsel endeavored to bring to the court's attention really addresses matters reserved for trial or discovery the issue here isn't whether dr lee will win this case it's whether he can present evidence and that goes to the sufficiency of the allegations i would invite you back to paragraph sixteen but also paragraph forty which describes the protocol and with regard to the microscopically and culture in diagnosing the q lyme disease less than thirty day secondly the goal of the project is to find practical and reliable test or test for the diagnosis of early lyme disease and related which can be utilized in disease and demick areas for timely diagnosis of early for reality infections for appropriate and timely patient management the investigators and other study participant the participatory role is mentioned at least and timed so i do think we have sufficiently alleged and met the standards of promptly and i would ask that the course was d then early stage and that's again in the last sentence of paragraph sixteen and then when you go to paragraph forty and you see the description of the protocol aspect of it i think that  the purpose was for the c d c through this ridge research project which was its research project not dr lee's research project to come up with the most reliable past work early detection of lyme disease because the current and prevailing testing was not reliable and the results were not something that were that the doctor and he could rely upon ok one final thought because i think the time has expired unless judge brain has another question follow up no that's fine would