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Keywords: re: Bid Protest; CICA Stay Override Challenge; Small Business Set-Aside; Corrective Action; Agency Decision to Award Competitive Bridge Contract; Motion to Dismiss; Mootness
Keywords: Contracts; Pre-award bid protest; Jurisdiction 28 U.S.C. § 1491(b)(1); Contract Disputes Act contract administration outside of courts bid protest jurisdiction; Task orders; No limitation regarding competitive range and associated Federal Acquisition Regulation (FAR) concepts; Down-select no winnowing of contractors; No jurisdiction; Case dismissed for lack of jurisdiction.
Keywords: re: Discovery; Attorney-Client Privilege; Crime-Fraud Exception; Request for Production; RCFC 26(b)(1); Sanctions; RCFC 37(a)(5)
Keywords: re: Claim for refund of income taxes; suit precluded by action previously filed in Tax Court respecting the same taxes; I.R.C. § 6512(a).
Keywords: Motion for attorneys fees; Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A); United States Department of Housing and Urban Development Housing Assistance Payments; Substantially justified; Defendants position was reasonable basis in law and fact; Motion denied.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Leave to File, Reported Opinion; Motion to Dismiss; Jurisdiction; Recoupment of Disability Severance Pay From Veterans Disability Compensation; 10 U.S.C. § 1212(d); Money-Mandating Statute; Veterans Disability Compensation, 38 U.S.C. §§ 1110, 1131, 1161; Claims for Veterans Benefits, 38 U.S.C. § 5101; Review of Veterans Benefits Claims, 38 U.S.C. §§ 511, 7104, 7252, 7292; Comprehensive Scheme of Review; Bormes; Fausto; Vereda, Ltda.; Carlisle
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Order on Cross Motion, Reported Opinion, Suit for military pay and allowances by an ex-Navy Corpsman who was placed on the TDRL, then deemed fit for duty, but then denied reenlistment as unsuitable to serve; application of 10 U.S.C. §§ 1201, 1210, 1211, and 1214a.
Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Cross-Motions for Partial Summary Judgment; Fiduciary Duties to Indian Tribes; Breach of Trust; 25 U.S.C. § 164.
Keywords: re: Jurisdiction; RCFC 1; RCFC 12(b)(1); RCFC 12(h)(3).
Keywords: re: Jurisdiction; RCFC 1; RCFC 12(b)(1); RCFC 12(h)(3).
Keywords: re: Post-trial decision in Phase II spent nuclear fuel case; causation; but-for world regarding incurred costs of characterizing and loading; obstruction by government through refusal to answer discovery requests; seismic stability analyses and mitigation; payroll loader allocation; property taxes; offset.
Keywords: re: Rails-to-Trails Act Settlement; Class Action Settlement; Approval of Settlement As Fair, Reasonable, and Adequate; Rule 23(e).
Keywords: re case numbers 15cv135 and 15cv136: Pre-Award Protest; Jurisdiction; Competition in Contracting Act; Override of Stay in Effect During Pending GAO Protest.
Keywords: Partial Motion to Dismiss; Statute of Limitations; ELIHPA; Request to Prepay Mortgage; Affordable Housing; Breach of Contract
Keywords: re:Nuclear Waste Policy Act, 42 U.S.C.§§ 10101 et seq.;42 U.S.C. § 10131 (Findings and Purposes);42 U.S.C. § 10222 (Nuclear Waste Fund);10 C.F.R. § 71 (Packaging and Transportation of Radioactive Material);10 C.F.R. § 73.55 (Requirements for Physical Plant Protection);10 C.F.R. § 171 (Annual Fees); 10 C.F.R. § 961.11 (Text of theStandard Contract); Federal Rules of Evidence,201 (Judicial Notice), 602 (Need for Personal Knowledge),702 (Testimony by Expert Witnesses),703 (Bases of an Experts Opinion Testimony),803 (Exceptions to the Rule Against Hearsay);Rules of the United States Court of Federal Claims (RCFC) 54(b) (Judgment on Multiple Claims orInvolving Multiple Parties).
Keywords: re: RCFC 41(b) (Failure to Prosecute or to Comply With Court Orders).
Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.
Keywords: re: Sealed Opinion and  Reported Opinion with redactions/corrections: Bid Protest; Pre-Award; Small Business Administration (SBA); Office of Hearings & Appeals (OHA); Service-Disabled Veteran Owned Small Business Concern (SDVO SBC); Status; Ownership Criteria; 15 U.S.C. § 632(q); 13 C.F.R. pt. 125; 13 C.F.R. § 125.9(d); Remand.
Keywords: re:Administrative Procedure Act (APA),5 U.S.C. § 706 (Scope of review); Bid Protest;Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3551(Definitions);Federal Acquisition Regulations (FAR),48 C.F.R. § 2.101 (Definitions),48 C.F.R. § 9.105-1 (Obtaining information),48 C.F.R. § 9.105-2 (Determinations and documentation),48 C.F.R. § 28.203 (Acceptability of individual sureties),48 C.F.R. § 28.203-1 (Security interests by an individual surety), 48 C.F.R. § 28.203-2 (Acceptability of assets),48 C.F.R. § 28.204-3 (Irrevocable letter of credit),48 C.F.R. § 52.228-11 (Pledges of assets),48 C.F.R. § 52.228-15 (Performance and payment of bonds);Rule of the United States Court of Federal Claims (RCFC) 52.1 (Administrative Record);Tucker Act, 28 U.S.C. § 1491(b); Uniform Commercial Code (U.C.C.),U.C.C. § 5-102 (Definitions),U.C.C. § 5-104 (Formal requirements),U.C.C. § 5-108 (Insurers rights andobligations).
Keywords: Contract; Motion for summary judgment; Software; Expectation damages; No harm incurred under delivery order; No damages; Maintenance expenses not recoverable; Motion for summary judgment granted.