USCFC General Jurisdiction-Reported

28 U.S.C. § 1500 (2006); 28 U.S.C. § 1561 (2006); 28 U.S.C. § 2283 (2006); RCFC 8 (rules of pleading); RCFC 9(b) (pleading fraud or mistake; conditions of mind); RCFC 12(b)(1) (subject matter jurisdiction); RCFC 12(b)(6) (failure to state a claim); RCFC 12(f) (motion to strike); RCFC 15(a)(2) (amending pleadings); Restatement (Second) of Contracts § 159 (1981). Signed by Judge Braden.

Bid protest; Challenge to Sole-Source Award Under CICA, 10 U.S.C. § 2304(c)(1); Ownership of Technical Data Rights; DFARS Provision for Resolving Data Rights Disputes; Analysis of Standing Requirements. Signed by Judge Wheeler.

Post-award Bid Protest; Responsibility Determination; Corrective Action; Ineligibility Under Vendor Vetting Program; Apparent Successful Offeror. Signed by Judge Williams.

Dispute over contract for construction of railroad facilities, including two large culverts; statute of limitations; 28 U.S.C. § 2501; date of accrual of claim Signed by Judge Lettow.

Contract case; Cross-motions for summary judgment – RCFC 56; Existence of genuine issues of material fact precluded entry of judgment as a matter of law; Trial ordered. Signed by Judge Allegra.

Post-award Bid Protest; Responsibility Determination; Supplementation of the Administrative Record; Referral for Proposed Debarment; Withdrawal of Proposed Debarment; Disparate Treatment; Remand. Signed by Judge Williams.

Bid Protest; Deference Due to Agency Technical Ratings; Internal Agency Documents; Change in Score Upon Reevaluation; Disparate Treatment of Offerors; Agency’s Discretion to Conduct Discussions Signed by Judge Firestone.

Class Action Settlement; 38 U.S.C. §§ 7453, 7454; RCFC 23(e)(2)(Settlement of class action). Signed by Judge Braden.

Bid protest; Executive Order 13,495, 74 Fed. Reg. 6103 (2009); Federal Acquisition Regulations 3.104-7(a)(1) (duty to report violations involving proprietary or source selection sensitive information); 9.504(c) (resolving organizational conflicts of interest); 15.303(b) (source selection authority responsibilities); 15.305(a) (evaluation of competitive proposals); Procurement Integrity Act, 41 U.S.C. § 423 (2006); Restatement Second) of Contracts § 159 (1981); Restatement (Second) of Torts, § 652C (1977); Supplementation of Administrative Record Signed by Judge Braden.

Vaccine Act; Appeal of Attorneys’ Fees, “Fees on Fees”; Wagner v. Shinseki, 640 F.3d 1255 (Fed. Cir. 2011); “Lodestar” Method; Nonprecedential Order Signed by Judge Hodges.

Lack of Subject Matter Jurisdiction; Pro Se; Bad-Faith Conduct; Sanction Pursuant to Court's Inherent Power Signed by Judge Hewitt.

Contract Disputes Act; Failure of Contractor to Submit Claim to Contracting Officer Where Jurisdiction Exists as to Other Claims; Issuance of Stay for Contracting Officer to Issue Final Decision on Non-Identical Claim is in Best Interests of Judicial Efficiency. Signed by Judge Wheeler.

Takings; Tucker Act, 28 U.S.C. § 1491(a) (2006); wildfire control; destruction of timber; destruction of personal property; RCFC 12(b)(6) motion to dismiss for failure to state a claim; whether fact-intensive nature of takings jurisprudence counsels against a rule that insulates from a takings claim governmental activity to stop the spread of a wildfire that destroys property. Signed by Judge Miller, C..

Pre-Award Bid Protest; Cardinal Change Doctrine; Whether Amendment of Solicitation Requires New Competition; Proper Standing Test for Pre-Award Bid Protests When Bids Have Been Received and Evaluated. Signed by Judge Bush.

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; 38 C.F.R. § 4.130. Signed by Judge Smith.

Cross-Motion for Summary Judgment; RCFC 56(c); Hurricane Katrina; Sovereign Acts Doctrine; Impossibility Exception to Sovereign Acts Doctrine Signed by Judge Smith.

Contract Disputes Act of 1978, 41 U.S.C.A. §§ 7101-7109, (West 2011); Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Statute of Limitations, 28 U.S.C.§ 2501 (2006) Signed by Judge Bush.

Contracts; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2006); equitable adjustment; cost-reasonableness determination; trial; provision of DFAC (dining facility) services to troops in Iraq; cost-plus-award-fee for government contract; fixed-price contract for subcontractor-provider. Signed by Judge Miller, C..

Low-Income Housing; Affordability Restrictions; Prepayment; ELIHPA; LIHPRHA; Ripeness; Administrative Exhaustion; Futility; Windfall Profits Test; Summary Judgment Signed by Judge Damich.

Low-Income Housing; Contractual Right to Prepay; Summary Judgment Signed by Judge Damich.