USCFC General Jurisdiction-Reported

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09-759C • TRUSTED INTEGRATION, INC., v. THE UNITED STATES,

Filed 06/03/2010
28 U.S.C. § 1500 (2006); RCFC 12(b)(1); Same Operative Facts; Same Relief Signed by Judge Bush.

10-73L • VERLENE L. PARKER, v. UNITED STATES,

Filed 06/02/2010
Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Taking Signed by Judge Horn.

10-201C • ASSESSMENT AND TRAINING SOLUTIONS CONSULTING CORPORATION, v. THE UNITED STATES,

Filed 06/02/2010
Set-Aside for 8(a) Business Development Program; Market Research; 48 C.F.R. § 19.805-1; Procurement Integrity Act Signed by Judge Hewitt.

10-106C, 10-127C consolidated • MAGNUM OPUS TECHNOLOGIES, INC. and THE HEALING STAFF, INC., v. THE UNITED STATES, and LUKE & ASSOCIATES, INC. and TERRAHEALTH, INC., Defendant-Intervenors

Filed 05/28/2010
Challenge to the exercise of options; bid protest jurisdiction; "in connection with a procurement or proposed procurement"; allegation that procurement should have been subject to full and open competition; standing; non-trivial competitive injury which can be redressed by judicial relief; prejudicial harm; waiver; Blue & Gold Fleet, L.P. v. United States,412 F.3d 1309 (Fed. Cir. 2007); Freightliner v. Caldera, 225 F.3d 1361 (Fed. Cir. 2000); FAR § 17.207; priced option; evaluating pricing in ID/IQ contracts; balance of hardships favoring tailored injunctive relief Signed by Judge Miller, G..

09-147C • KEMRON ENVIRONMENTAL SERVICES, INC., v. THE UNITED STATES,

Filed 05/27/2010
Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. § § 601-613; Performance Evaluation; Nonmonetary Relief; Definition of "Claim"; Failure to Submit "Claim" to Contracting Officer; BLR Group of America, Inc.; Record Steel & Construction, Inc.; Todd Construction, L.P.; Neal & Co. Signed by Judge Sweeney.

08-117C • LOST TREE VILLAGE CORPORATION, v. UNITED STATES,

Filed 05/27/2010
Regulatory takings claim arising from a denial of a Clean Water Act Section 404 wetlands fill permit; cross-motions for partial summary judgment on issue of the relevant parcel Signed by Judge Lettow.

06-407T into which have been consolidated Nos. 06-408T, 06-409T, 06-410T, 06-411T, 06-810T, 06-811T • ALPHA I, L.P., BY AND THROUGH ROBERT SANDS, A NOTICE PARTNER, v. THE UNITED STATES,

Filed 05/27/2010
Cross Motions for Summary Judgment; Whether, Under § 6662 of the Internal Revenue Code (I.R.C.) Plaintiffs are Subject to Either a 20% Negligence Penalty or a 20% Substantial Understatement Penalty for Any Underpayment of Tax Resulting From Plaintiffs' Concessions Under I.R.C. § 465; Motion to Strike; Admissibility of Evidence to Support Decision on Summary Judgment; Authentication of Transcripts; Hearsay Signed by Judge Hewitt.

79-4582L into which has been consolidated No. 79-4592L • THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, ET. AL., v. THE UNITED STATES,

Filed 05/27/2010
Whether Claim for Breach of Trust Based on Conversion of Oil and Gas Leases is Barred by 28 U.S.C. § 2501 Signed by Judge Hewitt.

06-141C • SHELL OIL COMPANY and ATLANTIC RICHFIELD COMPANY, v. THE UNITED STATES,

Filed 05/27/2010
RCFC 12(a); RCFC 12(b)(6); RCFC 56(c); CERCLA; "Charges; "By reason of;" Ford Motor Co. v. United States, 378 F.3d 1314 (Fed Cir. 2004); First War Powers Act of 1941; Executive Orders 9024, 9001 9040; National Defense Act of 1916; Cadillac Fairview/California, Inc. v. Dow Chem. Co., 299 F.3d 1019 (9th Cir. 2002); Anti- Deficiency Act, Pub. L. No. 59-28, 34 Stat. 27, 49 (1906) Signed by Judge Smith.

06-141C • SHELL OIL COMPANY, and ATLANTIC RICHFIELD COMPANY, v. THE UNITED STATES,

Filed 05/27/2010
Damages; CERCLA; Summary Judgment; Issue Preclusion; Collateral Estoppel Signed by Judge Smith.

04-1692C consolidated 08-782C, -783C & & -784C • FIREMAN'S FUND INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, AND UNIVERSAL UNDERWRITERS INSURANCE COMPANY, v. THE UNITED STATES,

Filed 05/26/2010
Contracts; trial; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (2006); breach of contract; breach of warranty of specifications; breach of covenant of good faith and fair dealing; claim for lost productivity; delay claims; critical path; validity of Government counterclaim; damages Signed by Judge Miller, C..

09-111C • BRC LEASE COMPANY, v. THE UNITED STATES,

Filed 05/25/2010
RCFC 12(b)(1) Motion to Dismiss; Contract Disputes Act, 41 U.S.C. § § 601-613; Election Doctrine; Same Claim Pending Before Civilian Board of Contract Appeals Signed by Judge Firestone.

09-602C • USFALCON, INC., v. THE UNITED STATES,

Filed 05/21/2010
Post-award bid protest; competitive range determination; CECOM; Rapid Response -Third Generation; sample tasks; material terms;source selection plan; major rewrite or revision; deficiency; prejudice; arbitrary and capricious review standard; rational basis; deference to technical judgments; findings not in conflict with objective information nor inconsistent with subjective analysis Signed by Judge Wolski.

09-343C • RETIREMENT COMMUNITIES LLC, v. THE UNITED STATES,

Filed 05/19/2010
Summary Judgment; Breach of Contract; Constructive Change; Temporary Housing Lease Agreement Signed by Judge Hewitt.

09-440C • JAMES J. CHAPMAN, v. THE UNITED STATES,

Filed 05/18/2010
Judgment on Administrative Record; Military Discharge; Coast Guard Board for Correction of Military Records; Weight Manual; Personnel Manual; Physical Disability Discharge; Administrative Separation; Eating Disorder; Underlying Medical Condition; Weight Loss Probation;Reasonable and Consistent Progress Signed by Judge Damich.

09-784C • TECHNICAL INNOVATION, INC., v. THE UNITED STATES, and MILLENNIUM SYSTEMS SERVICES, INC., Defendant-Intervenor

Filed 05/18/2010
Post-award bid protest; dismissal for lack of subject matter jurisdiction,RCFC 12(b)(1); mootness; corrective action Signed by Judge Wolski.

03-2622C and 04-33C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., and ENTERGY NUCLEAR INDIAN POINT 2, LLC, v. THE UNITED STATES,

Filed 05/17/2010
Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Sale of Nuclear Power Plant; Assignment of DOE's Standard Contract; Seller's Claim for Damages Measured by Diminution in Sales Price; Buyer's Claim for Mitigation Damages Due to DOE's Partial Breach of Standard Contract Signed by Judge Wheeler.

09-827C • BENEFITS CONSULTING ASSOCIATES, LLC, v. THE UNITED STATES, and BENALYTICS CONSULTING GROUP, Defendant-Intervenor

Filed 05/14/2010
Federal Acquisition Regulation 9.1(Responsible Prospective Contractors);Federal Acquisition Regulation 15.201 Exchanges with Industry Before Receipt of Proposals); Federal Acquisition Regulation 15.305 (Proposal Evaluation); Federal Acquisition Regulation 15.306 (Exchanges with Offerors After Receipt of Proposals); Federal Acquisition Regulation 15.506 (Post-Award Debriefing of Offerors); Federal Acquisition Regulation 52.215-8 (Order of Precedence - Uniform Contract Format); Federal Acquisition Regulation 52.219-9(Small Business Subcontracting Plan); Intervenor, RCFC 24(a); Judgment on the Administrative Record,RCFC 52.1;Post-Award Bid Protest; Standing Signed by Judge Braden.

08-664C • TODD O'BRYAN v. THE UNITED STATES

Filed 05/14/2010
Contract: Grazing permits approved and administered by the Department of the Interior's Bureau of Indian Affairs do not constitute contracts with the United States where the individual Indian landowners are charged with the responsibility for issuing the permits. Res Judicata: The doctrine of res judicata extends to the decisions of administrative agencies where the agency is acting in an adjudicative capacity and the parties have been given a full and fair opportunity to litigate their claims. Illegal Exaction: Where the government collects money pursuant to an erroneous construction of a regulation, a claim for the return of that sum is cognizable as a claim within the express jurisdiction of this court. Transfer of Claims: A claim cannot be transferred to another court pursuant to 28 U.S.C. § 1631 if the claim could not be filed in that court in the first instance. Signed by Judge Wiese.

09-857C • ELECTRONIC DATA SYSTEMS, LLC, v. THE UNITED STATES, and BAE SYSTEMS INFORMATION TECHNOLOGY INC., Defendant-Intervenor

Filed 05/13/2010
Post-award bid protest; Technology support contract; Cross-motions for judgment on the administrative record; Standard of review - Bannum - Axiom; Deviation from price evaluation terms; Failure to amend - violation of FAR § 15.206(a); Meaningful discussions; No violation of FAR § 15.306(d); Failure to modify solicitation did not, per se, result in violation of FAR's discussion requirements; Agency evaluation of data center proposal not arbitrary and capricious; No prejudice where disappointed bidder could not show it had a substantial chance of receiving contract but for the error; Alfa-Laval construed; Relief denied Signed by Judge Allegra.

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