USCFC General Jurisdiction-Reported

Post-award bid protest; exclusion from final competitive range; agency concerns re “unrealistically low labor rates” and allocation of labor hours; price realism analysis concludes very high degree of risk for recruiting and retaining an adequate workforce and for understanding problems involved in meeting contractual requirements; independent government cost estimate; contemporaneous record re development and application of same; post-hoc rationalization v. clarification of prior agency action; consideration of agency statements made during GAO protest; “agency record” as defined by 31 U.S.C. § 3556; “core documents,” including those identified in RCFC, Appendix C, paragraph 22(u); items for negotiation; meaningful and equal discussions with all offerors within the initial competitive range; FAR 15.306(d)(3); FAR 15.306(e)(1); agency did not rely upon new, unstated determinative criterion in evaluating plaintiff’s proposal Signed by Judge Miller, G..

Fifth Amendment Takings Clause; waiver of sovereign immunity under 28 U.S.C. § 1498; jurisdiction to hear patent infringement claims under the Tucker Act; federal grant contracts; inability of lower court to find implicit overruling Signed by Judge Firestone.

Motion for Summary Judgment Denied Signed by Judge Hewitt.

Denying Joint Motion for Rule 54(b) Certification Signed by Judge Hewitt.

Indian Trust Claim; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S.Ct.1723 (2011); Substantially Similar Operative Facts Signed by Judge Hodges.

RCFC 52.1; Correction of Military Records; Decision After Remand to Board; Mandatory Separation; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Injustice Signed by Judge Sweeney.

Takings Clause; 30 U.S.C. § 612; use and occupancy under the mining laws; 43 C.F.R. § 3715; Tucker Act; 28 U.S.C. § 1491; RCFC 12(b)(1); equitable relief; prospective relief; writ of mandamus Signed by Judge Damich.

Bid protest; TRICARE Management Activity; enhancement to a proposal; acknowledgment and discussion of risks; price realism; best value determination; guaranteed network discounts; referral management procedure; subcontractor pricing; underwriting fees Signed by Judge Baskir.

Indian monetary claims by lineal descendants of loyal Mdewakanton based upon the Sioux treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863 and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; motion for reconsideration Signed by Judge Lettow.

RCFC 12(b)(1); 28 U.S.C. § 1500; Tohono O’odham Nation; Substantially the Same Operative Facts; Trusted Integration, Inc. Signed by Judge Sweeney.

Rails-to-Trails, Scope of Easement; "Railroad Purposes"; Interim Trail Use and Railbanking; Michigan Transportation Preservation Act; Public Purpose/Public Use; Prescriptive Easements; Valuation Maps Signed by Judge Damich.

Claim by discharged Navy veteran for and back pay; Military Pay Act, 37 U.S.C. § 204(a); alleged ineffective assistance of counsel in proceeding before an Administrative Discharge Board; denial of by the Board for Correction of Naval Records on an ex parte basis; government’s for remand Signed by Judge Lettow.

Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Plaintiff is a Prevailing Party; Government’s Position Not Substantially Justified Signed by Judge Hewitt.

Military pay; motion to dismiss, RCFC 12(b)(1), (b)(6); reduction of separation pay under 10 U.S.C. § 1174 (2006); subject matter jurisdiction; justiciability; extent to which discretionary element of otherwise money-mandating statute renders it not money-mandating for discharge due to homosexuality; severability; determination of ineligibility on motion to dismiss for failure to state a claim. Signed by Judge Miller, C..

Post-award bid protest; Standard of review – Bannum; Organizational conflicts of interest; Success on the merits; FAR Part 9.5; Organizational conflict of interest – unequal access; Identification of organizational conflicts and mitigation efforts; Failure to identify conflict on timely basis; Failure to mitigate conflict; Agency conduct arbitrary, capricious and contrary to the FAR; Irreparable harm; Balance of hardships; Public interests; Injunction granted. Signed by Judge Allegra.

Income Tax Refund; Business Theft Loss; Net Operating Loss Carryback; Jurisdiction; Flora Full Payment Rule Signed by Judge Sweeney.

Takings; U.S. Const. Amend. V; Rails-To-Trails Act, 16 U.S.C. § 1247(d) (2006); Summary Judgment, RCFC 56(a); Certification of Question of State Law (Michigan Supreme Court Rule 7.305(b)(1)); ICC Termination Act of 1995, Pub. L. 104-88, 109 St. 803 (1995), 49 U.S.C. § 10903; Notice of Interim Trail Use, 49 C.F.R. § 1152.29(d); Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. No. 94-210, 90 Stat. 31 (1976); Transportation Act of 1920, Pub. L. No. 66-152, 41 Stat. 456 (1920); Tucker Act, 28 U.S.C. § 1496 (2006); 1855 Mich. Pub. Act No. 140; 2 Mich. Comp. Laws § 11135 (1929); 49 C.F.R. §§ 152.26(a), 1152-29(c)-(d). Signed by Judge Braden.

Equal Pay Act, 29 U.S.C. § 209(d), pay disparity, differentiating task, 29 U.S.C § 255(a), discrimination, gender, work equal in skill, similar duties. Signed by Judge Smith.

Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); judgment on the administrative record, RCFC 52.1; ripeness; reasonableness of Class Waiver pursuant to 48 C.F.R. (FAR) § 12.302(c) (2011); irrationality or unreasonableness of non-commercial methodology adopted by agency for procurement. Signed by Judge Miller, C..

National Trails System Act, 16 U.S.C. § 1241 (2006); Fifth Amendment Taking Claims; Plaintiffs’ Property Interests Under Mississippi Law; Easement or Fee Simple Title; Scope of Easement; Abandonment. Signed by Judge Wheeler.