USCFC General Jurisdiction-Reported

Government Contracts for Production of Aviation Fuel During World War II; CERCLA Liability for Waste Site Clean-up Costs; Interpretation of Contract “Taxes” Clause; Anti-Deficiency Act Limits on Indemnification in Government Contracts; First War Powers Act of 1941; National Defense Act of 1916; Issue Preclusion. Signed by Judge Wheeler.

Pre-award bid protest; Cross-motions for judgment on the administrative record; Standard of review – Bannum; Spoliation – GSA’s failure to maintain full record of procurement; Sanction imposed; Website information not incorporated into solicitation; Blue & Gold Fleet; Plaintiff did not waive claim that offer was timely; No patent ambiguity; Agency refusal to accept proposal was arbitrary, capricious and contrary to law; Injunction issued. Signed by Judge Allegra.

Contract Disputes Act, 41 U.S.C. §§ 7101-09; Georgia Dig Law Signed by Judge Damich.

Judicial takings claim; Motion for reconsideration under RCFC 54(b) and 59(a)(1); Standard for reconsideration; Central Pines – application of 28 U.S.C. § 1500 to supplemental complaint under RCFC 15(d); Central Pines distinguishable from case involving supplemental complaint that raises entirely new claim; Motion denied. Signed by Judge Allegra.

Bid Protest; Competition in Contracting Act, 5 U.S.C. § 706(2) (2006); 28 U.S.C. § 1491(b)(1), (4) (2006); 28 U.S.C. § 2201 (2006); 41 U.S.C. § 3301 (2006); Federal Acquisition Regulation 1.102(b)(3), 48 C.F.R. § 1.102(b)(3) (requiring integrity, fairness, and openness in procurement process); 1.602-2(b), 48 C.F.R. § 1.602-2(b) (requiring the contracting officer to ensure impartial, fair, and disparate treatment); 9.504(a), 48 C.F.R. § 9.504(a) (requiring the contracting officer to avoid, neutralize, or mitigate significant potential conflicts); 14.405, 48 C.F.R. § 14.405 (allowing the contracting officer to waive deficiencies as to minor irregularities); 15.000-.609, 48 C.F.R. § 15.000-.609 (negotiated acquisitions); 15.101-1(c), 48 C.F.R. § 15.101-1(c) (allowing tradeoffs among cost or price and non-cost factors); 15.207(b), 48 C.F.R. § 15.207(b) (prohibiting agency disclosure of proprietary information); 15.306(d)(3), 48 C.F.R. § 15.306(d)(3) (prescribing the content of discussions between the agency and the offeror); 15.306(e)(2); 48 C.F.R. § 15.306(e)(2) (prohibiting agency disclosure of an offeror’s proprietary proposal concepts); 15.404-1(b), (d)(3), 48 C.F.R. §§ 15.404-1(b), (d)(3) (price realism analysis); 36.300-36.303-2, 48 C.F.R. § 36.300-36.303-2 (two-phase design-build process); 52.229-3, 48 C.F.R. § 52.229-3 (offerors responsible for determining if a tax exemption is available); Preliminary Injunction, RCFC 65(a); Standing; RCFC 52.2(b) (remand orders). Signed by Judge Braden.

Pre-award bid protest; motion for a preliminary injunction; failure to consider past performance information; waiver; technically unacceptable proposal; no likelihood of success on the merits; FAR Part 12. Signed by Judge Wolski.

RCFC 12(b)(6) Motion to Dismiss; Fifth Amendment Takings Claim; Inverse Condemnation; Avigation Easement; Overflight Taking; Time of Accrual of Claim Signed by Judge Hewitt.

RCFC 37(a)(3) Motion to Compel Production of Documents; Attorney-Client Privilege; Work-Product Doctrine; Deliberative Process Privilege; Investigatory Files Privilege Signed by Judge Hewitt.

Cross-Motions for Summary Judgment; Burdens; Request for Equitable Adjustment; Authority to Modify Contract; Mutual Mistake; Risk of Increased Costs; Implied Warranty of Adequate Specifications; Superior Knowledge; Equitable Estoppel; Implied Covenant of Good Faith and Fair Dealing. Signed by Judge Merow.

Military Pay; Disability Determination; Military Correction Board. Signed by Judge Firestone.

Class Action Settlement; RCFC 23(e); Rails-to-Trails litigation; Attorneys’ Fees Under URA, 42 U.S.C. § 4654(c); Contingent Fee Agreement Signed by Judge Firestone.

Contracts; RCFC 56(a), summary judgment; lease of real property; base year for calculating tax adjustments; contract reformation; drafting error. Signed by Judge Miller, C..

Breach of Settlement Agreement; Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1111; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Res Judicata; Failure to State a Claim, RCFC 12(b)(6). Signed by Judge Bush.

Protest of agency in-sourcing decision; 28 U.S.C. § 1491(b)(1) (2006); Department of Defense in-sourcing under 10 U.S.C. §§ 129a, 2463(e) (Supp. V 2011); standing; mootness; timing of in-sourcing decision; reasonableness of decision to in-source based on cost; equitable estoppel. Signed by Judge Miller, C..

Military pay; Military Pay Act, 37 U.S.C. § 204 (2006); motion for judgment on the administrative record; review of correction board action; Marine Corps Order P1610.7F, Performance Evaluation System (Nov. 19, 2010); harmless error; presumption of regularity. Signed by Judge Miller, C..

Civil Actions For Refund, 26 U.S.C. § 7422(a); Informal Claim Doctrine; Motion To Dismiss, RCFC 12(b)(1); Motion For A More Definite Statement, RCFC 12(e); Pro Se; Tax; Time To Serve A Responsive Pleading, RCFC 12(a)(4)(A)(i) Summary Judgment, RCFC 56; Waiver Doctrine. Signed by Judge Braden.

Military pay; disability determination; military promotion; military correction board Signed by Judge Bruggink.

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34 (2006); motion for review of findings of fact of special master; statute of limitations, 42 U.S.C. § 300aa-16(a)(2); equitable tolling. Signed by Judge Miller, C..

Rails-to-trails case; takings; class action with more than 500 opt-in plaintiffs; interpretation of deeds; ownership issues; liability; measuring damages Signed by Judge Lettow.

Post-Award Bid Protest; Motion to Dismiss; Contract Modification Signed by Judge Horn.