USCFC General Jurisdiction-Reported

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.

Contract; third-party beneficiary; Astra; mutuality; consideration Signed by Judge Bruggink.

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

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.

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Carpentry to affirmative defenses; criteria for proper cost- accounting allocation of indirect costs; relevance of unpublished regulatory history; service of more than 25 interrogatories to a party; RCFC 33(a)(1) Signed by Judge Lettow.

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.

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

Bid Protest; Motion for Judgment on the Administrative Record Signed by Judge Hewitt.

ORDER DENYING PETITIONER'S MOTION FOR REVIEW Signed by Judge Firestone.

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..

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.

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.

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

damages, motion to intervene Signed by Judge Smith.

Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; RCFC 65 Signed by Judge Block.

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.

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.

28 U.S.C. § 1500; Tohono O’Odham Nation; RCFC 12(b)(1); subject matter jurisdiction; Indian trust claim; substantially the same operative facts Signed by Judge Damich.

Contract case; Order to show cause why second lawsuit involving same claim should not be dismissed; Contract Disputes Act; Sharman; Contracting officer decision rendered on claim that was subject of pending appeal was a nullity; Lack of jurisdiction; Case dismissed. Signed by Judge Allegra.

Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Failure to Identify a Source of Substantive Law That Creates a Right to Monetary Relief Against the United States; Failure to Allege Contract Between Plaintiffs and the United States; RCFC 9(k); Statute of Limitations; 28 U.S.C. § 2501; Court Cannot Transfer Claims to a State Court Signed by Judge Sweeney.