USCFC General Jurisdiction-Reported

Bid Protest; Cross-Motions for Judgment on the Administrative Record Signed by Judge Hewitt.

Fifth Amendment Takings Clause; Rails-to-Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Kansas Law; Scope of Railroad Easements; Railroad Easement Abandonment Signed by Judge Firestone.

Civilian Pay; Underpayment Claim; Prevailing Rate Systems Act of 1972, 5 U.S.C. §§ 5341-5349 (2006); 5 C.F.R. § 532.211(d) (2011); No Abuse of Discretion in Redefinition of Local Wage Area Boundary Signed by Judge Bush.

Motion to Quash Notice; Third Party Practice Rule; RCFC 14(b); 41 U.S.C. § 114(b); Court issued Notification Signed by Judge Smith.

Pre-Award Bid Protest; Agency Reprocurement Decision; Motion to Dismiss for Lack of Jurisdiction; Ripeness; Standing; Claims Regarding Procurement Integrity Act Investigation and Organizational Conflict of Interest Analysis; Claims Regarding Demonstrated Historical Capability and Past Performance Evaluation Signed by Judge Damich.

Motion for Reconsideration of Partial Summary Judgment Signed by Judge Hewitt.

Justice for All Act of 2004; 28 U.S.C. §§ 1495 and 2513; Statute’s Alleged Retroactivity; Scope of Congressional Waiver of Federal Sovereign Immunity Signed by Judge Miller, G..

Bid Protest, 28 U.S.C. § 1491(b)(1); Federal Acquisition Regulations, 48 C.F.R. §§ 14.101(d), 14.301(a), 14.304(b)(1), 14.404-2(b), 14.405, 52.214-19(a), 52.214-21(b), 52.214-21(d); Motion To Dismiss, RCFC 12(b)(1); Motion For Judgment On The Administrative Record, RCFC 52.1; OSHA Regulations, 29 C.F.R. § 1910.333(a)(1); Remedies in a Bid Protest, 28 U.S.C. § 1491(b)(2). Signed by Judge Braden.

Attorney Fees and Costs; Back Pay Act, 5 U.S.C. §§ 5596, 7701(g) (2006); Unjustified Personnel Action; Prevailing Party; Interest of Justice; Reasonable Attorney Fees. Signed by Judge Bush.

Former spouses as Survivor Benefit Plan beneficiaries; former-spouse election; 10 U.S.C. § 1448(b)(3); 10 U.S.C. § 1450(f)(3)(A); motion to dismiss; equitable tolling; supplementation of the administrative record; substantial compliance Signed by Judge Lettow.

Protest of procurement actions taken by Federal Emergency Management Agency; standing; timeliness of suit; amendment and supplementation of the administrative record; agency’s failure to provide for performance-evaluation reports regarding predecessor contracts, as required by FAR §§ 36.604, 42.1502(f); “too close at hand to ignore” doctrine Signed by Judge Lettow.

Motion For Leave To Amend Complaint, RCFC 15(a). Signed by Judge Braden.

Bid Protest; Agency Decision to Follow Government Accountability Office?s Recommendation; Motion to Dismiss; Jurisdiction Pursuant to Tucker Act, 28 U.S.C. § 1491(b)(1); Ripeness; Standing; Agency Action Committed to Agency Discretion by Law Signed by Judge Damich.

Fifth Amendment taking; CERCLA remediation; mining; Lucas; background principles of state law; nuisance; property access; distinguishing tort from taking. Signed by Judge Bruggink.

Contested default termination of contract to supply non-standard ammunition; collateral estoppel; consequences of plea of guilty to criminal charge of conspiracy to make false statements; interpretation of 48 C.F.R. § 252.225-7007(c) Signed by Judge Lettow.

Motion to Intervene Under Rule 24(a)(2) Denied; Applicants’ Interests Are Indirect and Contingent on Future Events; Applicants Are Able to Protect Their Interests in Another Forum; The United States Adequately Represents the Applicants’ Interests; Applicants’ Motion is Timely Signed by Judge Hewitt.

Bid protest action; Challenge to agency in-sourcing decision; Motion to dismiss for lack of jurisdiction; 28 U.S.C. § 1491(b)(1); “Interested party”; Prudential standing doctrine; Bennett v. Spear ­­– prudential standing doctrine applicable to bid protests; Section 1491(b)(1) does not negate doctrine; 10 U.S.C. §§ 129a and 2463(a); In-sourcing decisions subject only to legislative oversight; Contractor lacked prudential standing to challenge in-sourcing decision; Jurisdiction lacking; Dismissal granted. Signed by Judge Allegra.

Motion to Dismiss, RCFC 12(b)(1), (b)(6); Jurisdiction; Settlement Agreement; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq.; 28 U.S.C. § 1631 (transfer to United States District Court); 29 C.F.R. § 1614.105(f) (Alternative Dispute Resolution). Signed by Judge Braden.

Rails-to-Trails Act; Fifth Amendment Takings Clause; Surface Transportation Board; Application of State Property Law; RCFC 56(c) Cross-motions for Summary Judgment; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Texas Law; Scope of Railroad Easement Signed by Judge Hodges.

Pre-award bid protest; Foreign Military Sale; sole source request; CICA foreign government reimbursement exception to open competition, 10 U.S.C. § 2304(c)(4); guidance from Security Assistance Management Manual; justification based on established history; not a gift; Antideficiency Act, 31 U.S.C. § 1341(a)(1)(A); biased ground rules OCI; impaired objectivity OCI; notice to Congress of proposed foreign sale. Signed by Judge Wolski.