USCFC General Jurisdiction-Reported

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06-922L • LOWER BRULE SIOUX TRIBE V. UNITED STATES OF AMERICA

Filed 12/01/2011
Jurisdiction; 28 U.S.C. § 1500; Indian Trust; Operative facts Signed by Judge Block.

11-533C • IBM CORPORATION, U.S. FEDERAL V. THE UNITED STATES

Filed 12/01/2011
Post-award bid protest; agency properly evaluated strengths and weaknesses of plaintiff’s proposal; agency’s adjectival ratings of plaintiff’s proposal were proper; agency did not introduce a new factor not described in solicitation in evaluating plaintiff’s proposal for veterans involvement; agency did not engage in disparate treatment in evaluating proposals; SSA’s findings of technical superiority and technical equality were rational and adequately documented; best-value analyses were unnecessary when SSA found that lower-priced proposals were technically superior or equal to plaintiff’s proposal; SSA’s best-value tradeoff analyses were thoroughly explained, documented, and rational; FAR 15.101-1; FAR 15.308; Blue & Gold Fleet L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), waiver of challenge to terms of solicitation; meaningful discussions; FAR 15.306. Signed by Judge Miller, G..

11-573C • ORION TECHNOLOGY, INC. V. THE UNITED STATES

Filed 12/01/2011
Motions to Supplement the Administrative Record; Legibility of Administrative Record; Proposed Substituted Documents With Differing Pagination; Expert Declaration Signed by Judge Sweeney.

04-1419T & 05-1067T • K2 TRADING VENTURES, LLC, NEW VISTA, LLC, TAX MATTERS PARTNER V. UNITED STATES

Filed 11/30/2011
Partnership Tax; Lack of Economic Substance; Outside Basis; Fictional Loss; Profit-Making Potential; Capability for Diversification; Meaningless Inclusion in a Partnership. Signed by Judge Williams.

10-48C • RICHARD CARTER AND JERRY GOODWIN, d/b/a R&J FEED V. THE UNITED STATES

Filed 11/30/2011
Contract; third-party beneficiary; Astra; mutuality; consideration Signed by Judge Bruggink.

11-712C • MED TRENDS, INC. V. THE UNITED STATES

Filed 11/30/2011
Pre-Award Bid Protest; Jurisdictional Standing; Waiver of Challenges to Patent Errors in the Solicitation; Challenges to Suspension or Debarment Signed by Judge Bush.

09-265L • MARVIN M. BRANDT, et al. V. THE UNITED STATES

Filed 11/30/2011
28 U.S.C. § 1500; United States v. Tohono O’odham Nation, 131 S. Ct. 1723 (2011); Substantial Overlap in Operative Facts Signed by Judge Hewitt.

09-844C & 10-741C • SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES

Filed 11/30/2011
Claim based upon allocation of overhead costs to government contracts; Cost Accounting Standards; scope and thrust of 48 C.F.R. § 9904.418-50; application of M. Maropakis Carpentry to affirmative defenses; criteria for proper cost- accounting allocation of indirect costs; relevance of unpublished regulatory history; service of more than 25 interrogatories to a party; RCFC 33(a)(1) Signed by Judge Lettow.

11-39C • VANGUARD RECOVERY ASSISTANCE, JOINT VENTURE V. UNITED STATES

Filed 11/29/2011
Post-award bid protest of a multi-award procurement by FEMA of architectengineer services to support disaster relief; failure to prepare performance evaluations of incumbent contractors on the predecessor contracts, contrary to FAR § 42.1502; failure to provide an adequate opportunity to obtain PPQs regarding the incumbent contractors’ work; reasonableness of the rankings of the offerors; past performance evaluations; prejudice Signed by Judge Lettow.

06-921L • PRAIRIE BAND OF POTAWATOMI INDIANS V. THE UNITED STATES

Filed 11/29/2011
Tribal Trust Claims; 28 U.S.C. § 1500 (2006); Substantially the Same Operative Facts; Res Judicata Principles. Signed by Judge Bush.

11-534C • SURVIVAL SYSTEMS, USA, INC. V. THE UNITED STATES OF AMERICA

Filed 11/28/2011
Bid Protest; Motion for Judgment on the Administrative Record Signed by Judge Hewitt.

99-533V • CASEY HOCRAFFER V. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 11/22/2011
ORDER DENYING PETITIONER'S MOTION FOR REVIEW Signed by Judge Firestone.

11-530C • STANDARD COMMUNICATIONS, INC. V. THE UNITED STATES

Filed 11/22/2011
Post-award bid protest; Service-Disabled Veteran-Owned Small Businesses; Veteran Owned Small Businesses; best-value tradeoff analysis; documentation and explanation of tradeoff analysis; FAR 15.308; higher-priced, technically superior proposal; lower-priced, technically equal proposal; Blue & Gold Fleet L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007), waiver of claims based on defects in Solicitation if not raised before close of bidding process; items for negotiation; meaningful and equal discussions with all offerors; Veterans First Program; prejudice; substantial chance to receive award if defects cured; tailored injunctive relief Signed by Judge Miller, G..

11-347C • DAVID KISSI V. THE UNITED STATES

Filed 11/22/2011
Pro se Plaintiff; Breach of Contract and Fraud Claims; Rule 12(b)(1) and 12(b)(6) Motion to Dismiss; Lack of Subject Matter Jurisdiction on Contract Claim; Failure to State a Claim on Fraud Claim; Plaintiff Enjoined from Filing Future Complaints without Court Approval. Signed by Judge Wheeler.

09-421C • SAMUEL W. HARRIS V. UNITED STATES

Filed 11/21/2011
Military Pay; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Cross-Motions for Judgment on the Administrative Record; Voluntary Resignation; Partially Vacated Court-Martial Conviction Signed by Judge Horn.

08-888C • MICHAEL ADAMOWICZ, et al. V. THE UNITED STATES

Filed 11/21/2011
Taxes; discharge of lien for taxes on estate property; authority to bind government to agreement to discharge lien Signed by Judge Margolis.

93-280C • FRANK P. SLATTERY, JR., et al. V. THE UNITED STATES

Filed 11/18/2011
damages, motion to intervene Signed by Judge Smith.

11-735C • SERCO, INC. V. THE UNITED STATES OF AMERICA

Filed 11/18/2011
Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; RCFC 65 Signed by Judge Block.

06-940L • THE COEUR D’ALENE TRIBE V. THE UNITED STATES

Filed 11/18/2011
28 U.S.C. § 1500; Tohono O’Odham Nation; RCFC 12(b)(1); subject matter jurisdiction; Indian trust claim; Tecon Engineers; order-of-filing rule; same day filing; simultaneous filing; substantially the same operative facts Signed by Judge Damich.

08-349C • CHARLES J. RUSSELL vs. THE UNITED STATES

Filed 11/17/2011
Motion for Judgment on the Administrative Record; Arbitrary and Capricious Standard of Review; Substantial Evidence, Physical Evaluation Board; Disability Rating; 10 U.S.C. § 1201. Signed by Judge Smith.

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