USCFC General Jurisdiction-Reported

Standing in bid protests; timeliness under F.A.R. § 15.208; exceptions to late-is-late rule; notice of lateness under F.A.R. 15.208(f); nonprejudicial errors; jurisdiction to consider in bid protests claims based upon the implied contractual covenant of good faith and fair dealing Signed by Judge Lettow.

Tax; Refund Claim; 26 U.S.C. §§ 419A, 512(a)(3) (2006); 26 C.F.R. § 1.512(a)-5T (2011); Unrelated Business Taxable Income; Limitation on Exempt Function Income. Signed by Judge Bush.

Vaccine Motion for Review; Prima Facie Case for Causation; Alternative Causation; Burden of Proof; Factors Unrelated; Compensation for Loss of Earnings; Health Benefits Program Signed by Judge Damich.

Claim for damages arising from alleged breach of rent-assistance contract; assignment in which HUD joined; proper party plaintiff; effect on the contract of the 1994 Amendments to the Housing Act of 1937; 42 U.S.C. § 1437f; liability determination Signed by Judge Lettow.

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2006); Proof of Causation; Reliability of Expert Testimony. Signed by Judge Bush.

Rails to Trails; Scope of Easement; “Railroad Purposes”; Abandonment; Notice of Consummation of Abandonment; Quitclaim; Trail Use Agreement; Vacation of NITU; Series of NITUs; Subsequent Failure to Reach Trail Use Agreements; Temporary Takings Signed by Judge Damich.

Bid Protest; Motion for Judgment on the Administrative Record; Agency's Corrective Action; Agency Decision to Follow Government Accountability Office's (“GAO's”) Recommendation; Rationality of GAO's Decision; Improper Application of Unstated Evaluation Factor; Failure to Provide Information to Allow Offerors to Compete on a Relatively Equal Basis Robert Signed by Judge Damich.

Government contract case; Motion to dismiss for lack of jurisdiction – RCFC 12(b)(1); Contract Disputes Act; Requirements for valid claim; Beaconwear – assignor of proceeds of government contract was proper entity to file CDA claim; Adequate notice of basis of claim; Purpose of notice requirement; Failure to reveal assignments rendered claim inadequate; Severin doctrine; Jurisdiction lacking; Motion granted. Signed by Judge Allegra.

Motion to Stay; Related Criminal Investigation Signed by Judge Hewitt.

Rails-to-Trails; opinion on remand; takings liability; scope of the easement; railroad purpose; recreational trail use; Category I landowner; 1875 Act Signed by Judge Baskir.

Summary Judgment, RCFC 56(c); Court Leave, 5 U.S.C. Section 6322(a); Statutory Interpretation; Plain Language; Absurdity Doctrine; Legislative History to Clarify Congressional Intent; Motion to Dismiss, RCFC 12(b)(1); Exclusive MSPB Jurisdiction; Constitutional Claims Signed by Judge Futey.

Constitutional Claims; Tort Claims; Criminal Claims; False Claims Act, 31 U.S.C. §§ 3729-3733 (2006); Contract Disputes Act of 1978, Pub. L. No. 111-350, §§ 7101-7109, 124 Stat. 3677, 3816-26 (Jan. 4, 2011); Tucker Act, 28 U.S.C. § 1491(a)(1) THE UNITED STATES, (2006); 28 U.S.C. § 1500 (2006); General Equitable Relief; Subject Matter Jurisdiction, RCFC 12(b)(1). Signed by Judge Bush.

Fifth Amendment Takings Clause; Subcontractor Takings Claim; Property Interest Modified by Agreement; Sovereign Versus Proprietary Capacity; Applicable Interest Rate Signed by Judge Firestone.

Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Submission of Claims; Contracting Officer’s Final Decision; Fraud Allegations Against Agency; Validity of Contracting Officer’s Final Decision; 48 C.F.R. §§ 33.209-.210(b); Failure to Timely Submit Claim to Contracting Officer; 41 U.S.C. § 605(a); Untimely Filing of Lawsuit; 41 U.S.C. § 609(a)(3) Signed by Judge Sweeney.

Whether the Cancellation of Solicitations Designated as a Small Business Set-Aside was Proper; Whether the Agency's Decision to Solicit Offers on an Unrestricted Basis was Proper Signed by Judge Hewitt.

Military Pay Case; Six-year Statute of Limitations; 28 U.S.C. § 2501; Accrual of Cause of Action; Effect of Proceedings Before Air Force Board for Correction of Military Records. Signed by Judge Wheeler.

Winstar Damages; FIRREA; Breach of Forbearance Allowing Inclusion of Stock Warrants in Regulatory Capital; Expectancy Damages; Foreseeability, Causation; Reasonable Certainty of Lost-Profits Signed by Judge Smith.

Spent Nuclear Fuel Case; Damages Determined on Remand; Use of DOE’s 1987 Annual Capacity Report; Mandate Rule; Concepts of Full Core Reserve and Prudent Operating Reserve; Spent Fuel Pool Re-rack Operations Signed by Judge Wheeler.

Jurisdiction over Cancellation of Solicitation; Standing to Challenge Proposed Sole-Source Award; Political Question; Cancellation of Solicitation; FAR 1.102(b)(3), 1.102-2(c)(3), 3.101-1, and 15.305(b); Pretext for Canceling Solicitation; Judicial Estoppel; Public Interest Exception to Competition Requirement, 10 U.S.C. § 2304(c) and FAR 6.302-7; Notice of Intent to Enter into Sole-Source Contract, 10 U.S.C. § 2304(f) and FAR 5.202(a); Exceptions to Publishing Notice of Intent to Enter into Sole-Source Contract, 41 U.S.C. § 416(c) (re-codified as § 1708(b)) and FAR 5.202(a)(10); Language Required for Synopsis; Implied Contract to Fairly and Honestly Consider Proposals; Injunctive Relief; Bid Preparation and Proposal Costs Signed by Judge Miller, G..

Post-award bid protest; Motion for preliminary injunction; Organizational conflicts of interest; Likelihood of success on the merits; Organizational conflicts of interest – unequal access; Identification of conflicts and mitigation efforts; Irreparable harm; Balance of hardships; Public interests; Preliminary injunction granted. Signed by Judge Allegra.