USCFC General Jurisdiction-Reported

Motion to Dismiss for Lack of Subject-Matter Jurisdiction, RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109; Burden of Proof for Jurisdictional Facts Establishing Submission of Claim to Contracting Officer Signed by Judge Merow.

American Recovery and Reinvestment Tax Act; Subject matter jurisdiction; RCFC 12(b)(1); Consequential damages; Lost profits; Tucker Act; “Money-mandating” source of law Signed by Judge Block.

Patent Infringement; 28 U.S.C. § 1498(a); 41 U.S.C. § 114; 28 U.S.C. § 2071(a), (c); 28 U.S.C. § 2503(b); Subject-Matter Jurisdiction; Rules of the United States Court of Federal Claims 12(b)(1), 14(b), 14(c)(1)(A); Third-Party Practice; Third-Party Indemnification. Signed by Judge Williams.

Post-trial decision in a remanded case involving the Standard Contract for pickup of spent nuclear fuel; application of the 1987 industry-wide acceptance rate; causation; costs of mitigation for partial breach; avoided costs Signed by Judge Lettow.

Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Analysis of HUD Housing Assistance Statutes and Regulations. Signed by Judge Wheeler.

Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 (“ISDEAA”); RCFC 12(b)(1), 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103; Tolling; Indirect Contract Support Costs; Res Judicata Signed by Judge Sweeney.

Attorney-Client Privilege; Waiver; Federal Rule of Evidence 502; Clawback Order Signed by Judge Horn.

Pre-award bid protest; Motion to supplement administrative record; Standing; Prejudice Signed by Judge Block.

Bid Protest; Technical Evaluation; Deference; Agency Evaluation; Lack of Significant Prejudice Signed by Judge Firestone.

Vaccine Act; Interim fees; Avera; McKellar Signed by Judge Bruggink.

28 U.S.C. § 455(a), 28 U.SC. § 455(a), Shell Oil v. United States, 672 F.3d 1283 (Fed. Cir. 2012), Liteky v. United States, 510 U.S. 540 v. (1994), In re Kansas Public Retirement System, 85 F.3d 1353 (8th Cir. 1996) Signed by Judge Smith.

Motion to Reconsider Order of Dismissal of Patent Claims for Failure to Prosecute; RCFC 41(b); Motion to Reconsider Denied Signed by Judge Hewitt.

Rails-to-Trails Case; Recovery of Attorneys’ Fees and Costs; Lodestar Method of Calculation; Reasonable Reductions Based Upon Degree of Success. Signed by Judge Wheeler.

Postaward Bid Protest; 28 U.S.C. § 1491(b); Standing; Timeliness; FAR 16.504(c)(1)(ii)(D)(1)(iii); Qualified and Capable; Unequal Treatment; Injunctive Relief Signed by Judge Sweeney.

Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Disability Retirement Pay Claim Under 10 U.S.C. § 1201; Wrongful Discharge Claim Under Military Pay Act, 37 U.S.C. § 204 Signed by Judge Hewitt.

Motion for award of fees and expenses incurred in connection with a successful motion to compel discovery; RCFC 37(a)(5); absence of substantial justification for opposing party’s position Signed by Judge Lettow.

FDIC Acquisition Policy Manual ¶ 3.210(c) (price evaluation); FDIC Acquisition Procedures, Guidance, and Information 3.206(a)(2) (required price analysis in best value procurements); 3.210(c)(2) (price realism); 3.214 (documentation of source selection); 5 U.S.C. § 706(2)(A) (review under the Administrative Procedure Act); 28 U.S.C. § 1491(b)(4) (review of bid protests). Signed by Judge Braden.

Fifth Amendment taking; statute of limitations; accrual date; impoundment and sale of cattle. Signed by Judge Bruggink.

Fifth Amendment Takings; Compensable Property Interest; Discovery of Valuable Mineral Deposit, 30 U.S.C. Section 26; Unpatented Mining Claims; Mining Contest; Res Judicata; Final Judgment on the Merit Signed by Judge Futey.

Administrative Dispute Resolution Act; Federal Acquisition Regulation 19.303(c)(5) (amendment of solicitation after Office of Hearings and Appeals review); Pre-Award Bid Protest; North American Industry Classification Services Codes 541712 (Research and Development in the Physical Engineering and Life Sciences (except Biotechnology)), 541513 (Computer Facilities Management Services); Permanent Injunction; Tucker Act, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § 121.1103(c)(1) (procedures for NAICS code appeals); 13 C.F.R. § 121.201 & n.11 (size standards and definitions for NAICS Code 541712); 13 C.F.R. § 134.314 (standard of review in NAICS Code appeals). Signed by Judge Braden.