USCFC General Jurisdiction-Reported

Post-award bid protest; Application for temporary restraining order; Likelihood of success; Procurement Integrity Act inapplicable to situation presented; Organizational Conflict of Interest (OCI) – unequal access to information; No OCI where information obtained by former employee from his former employer; Irreparable injury; Balancing of harms; Public interest; Application denied. Signed by Judge Allegra.

RCFC 15(a)(2); Motion for Leave to File Second Amended Complaint; Foman; Zenith Radio Corp.; Fala; Centech Group, Inc.; Amendment Freely Given When Justice Requires Signed by Judge Sweeney.

Estate Tax; Deposit or Payment of Tax; Facts and Circumstances Surrounding Remittance; Period for Recovering Overpayment, 26 U.S.C. § 6511(b)(2)(A) Signed by Judge Firestone.

Claims for recovery of grant funds under the Native American Housing Assistance and Self-Determination Act, 25 U.S.C. §§ 4101–4212: (1) effect of pendency of claims in another court under 28 U.S.C. § 1500; (2) jurisdiction of the Court of Federal Claims under a money-mandating source of law; (3) authority to declare a regulation invalid; (4) application of 25 U.S.C. § 4161; (5) application of the Anti-Deficiency Act, 31 U.S.C. § 1341; (6) operation of the statute of limitations under 28 U.S.C. § 2501. Signed by Judge Wiese.

Vaccine Case; Damages; Vaccine-related Injury, Vaccine-related Death; Statute of Limitations; Statutory Interpretation; Plain Meaning; 42 U.S.C. § 300aa-15(a); 42 U.S.C. § 300aa-16(a); Zatuchni; Influenza Vaccine; Guillain-Barré Syndrome Signed by Judge Hodges.

Motion to Strike; Motion for Partial Summary Judgment; Copyright Infringement; Actual Damages; Statutory Damages Signed by Judge Hewitt.

Contract case; Motion to dismiss for lack of jurisdiction under RCFC 12(b)(1); Judicial estoppel; Position taken by government in district court case not clearly inconsistent with current position and did not mislead other courts; Privity of contract lacking; Argument that state agency was agent of HUD rejected; Amendment of complaint under RFCF 15; Futility; Plaintiff permitted to amend complaint to raise regulatory takings argument. Signed by Judge Allegra.

Defense Officer Personnel Management Act, Pub.L. No. 96-513, § 105; Tucker Act, 28 U.S.C. § 1346(a)(2); Pay Act, 37 U.S.C. § 204; To Dismiss, RCFC 12(b)(1), (6); Pro Se; (SECOND) OF JUDGMENTS, §§ 24, 70; of Limitations, 28 U.S.C. §§ 2401(a), 2501; Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

Contracts; Nuclear Waste Policy Act; spent nuclear fuel; damages; unavoidable and avoidable delays clauses Signed by Judge Margolis.

Motion to Stay Proceedings; Pendency of Claims in Other Courts, 28 U.S.C. § 1500 Signed by Judge Braden.

Sua Sponte Dismissal Pursuant RCFC 12(h)(3) for Lack of Matter Jurisdiction Signed by Judge Hewitt.

Motion to Dismiss; In Forma Pauperis; Prisoner; Appointment of Counsel; Lack of Jurisdiction: Torts, 13th Amendment, 14th Amendment, Civil Rights, Non-Monetary Relief; Transfer Inappropriate Signed by Judge Damich.

Post-Award Bid Protest; Awardee Lacks Standing to Bring a Bid Protest Action; Effect of Failure Timely to Request Reconsideration of SBA Size Determination Signed by Judge Hewitt.

Spent Nuclear Fuel; Proposed Offset for Cask Loading Costs; Avoided of Deferred Costs; Summary Judgment; Assignment of Standard Contract; Future Costs Speculative Signed by Judge Damich.

Vaccine case; off-table claim involving sclerosis allegedly caused flu vaccine; alternative significant-off-table claim; entitlement statutory criteria for redaction of or medical files and information; invasion of privacy Signed by Judge Lettow.

Postaward Bid Protests; 28 U.S.C. § 1491(b); Motions to Compel Supplementation of the Agency Assembled Record in Order to Require Agency to Produce Complete Record; Motions to Dismiss Untimely Protest Grounds; Axiom Resource Management, Inc.; Difference Between Supplementing and Completing an Agency Record; “Core Documents” Relevant to Protest; RCFC Appendix C § 7, ¶¶ 22-23; Meaningful Judicial Review Premised Upon Complete Record of Agency’s Procurement; Linc Government Services, LLC; Agency Cannot Limit Record to Materials It Deems Relevant; Exxon Corp.; Internal Deliberative Documents Excluded Absent Allegations of Bad Faith Signed by Judge Sweeney.

Contracts; Affirmative Defense, RCFC 8(c); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-13, 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulation, 48 C.F.R. §§ 14.407-3(a) (mistake in bid), 14.407-3(g)(2) (verified bid), 14.408-1 (method of contract award), 49.402-3(j) (failure to perform may be excusable), 52.214-10 (contract award—sealed bidding), 52.249-8 (default termination and notice to cure), 52.449-8(c) (extraordinary condition where contractor is not liable for excess costs); Interest On Disputed Amount Due Contractor, 41 U.S.C. § 611; Michigan Private Security Guard Licenses, Mich. Comp. Law §§ 338.1053, 338.1065; Motion In Limine; Prompt Payment Act, 31 U.S.C. §§ 3901-07; Qualifying Small Business, 13 C.F.R. § 124.108; Request for Equitable Adjustment; Small Business Act of 1958, 15 U.S.C. § 637(a)(1)(C) (2006) (contract award to small business owned and controlled by socially and economically disadvantaged individuals); Restatement (Second) of Contracts § 251(2) (1981). Signed by Judge Braden.

Spent Nuclear Fuel; Proposed Offset of Cask Loading Costs; Avoided or Deferred Costs; Future Costs Speculative Signed by Judge Damich.

Post-Award Bid Protest; Comparative Assessment of Proposals; FAR 15.305; FAR 15.308; Proposal Risk; Past Performance Signed by Judge Bruggink.

Motion for Reconsideration; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915(b)(1)-(2); Prisoners Must Pay Filing Fee in Full Signed by Judge Sweeney.