USCFC General Jurisdiction-Reported

Bid Protest; Motion to Supplement the Administrative Record; Axiom Res. Mgmt., Inc.; Esch; Evidence Related to Bias or Bad Faith; Beta Analytics Int'l, Inc.; Info Tech. & Appliances Corp.; Failure to Plead Bias or Bad Faith by Contracting Officer; Fed. R. Evid. 701; Opinion Testimony; Best Evidence Rule; Fed. R. Evid. 1002; "Meaningful Judicial Review" Signed by Judge Sweeney.

Post-Award Bid Protest; Army and Air Force Exchange Service; Non-Appropriated Fund Instrumentalities; 28 U.S.C. § 1491(a); Implied-in-Fact Contract Jurisdiction; 28 U.S.C. § 1491(b); "Federal Agency"; 28 U.S.C. § 451; Jurisdiction; RCFC 12(b)(1); Perkins; Administrative Procedure Act, 5 U.S.C. §§ 701-706; Scanwell; W.B. Fishburn Cleaners, Inc.; Ellsworth Bottling Co.; MCI Telecommunications Corp.; Administrative Dispute Resolution Act of 1996; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Submission of a "Claim" to the Contracting Officer; Failure to Allege Bias/Bad Faith Signed by Judge Sweeney.

Post-Award Bid Protest; Trade-off Analysis; Contractor Responsibility; Remand to Agency Signed by Judge Block.

Competition in Contracting Act (“CICA”), 31 U.S.C. § 3553(d); Automatic Stay; Override of CICA Stay; Mootness; Voluntary Cessation Doctrine; Ripeness; Agency’s Corrective Action; GAO Dismissal of Protest as Academic; Scope of Agency’s Duty to Maintain “Status Quo” Pending Challenge to Award; Government Furnished Equipment; Government Furnished Information; Stay of Action; Retention of Jurisdiction. Signed by Judge Miller, G..

Pro se complaint; jurisdiction; unlawful taking stemming from civil forfeiture under Civil Asset Forfeiture Reform Act of 2000, 18 U.S.C. § 981(a)(1)(A), (C)(2006); jurisdiction under 28 U.S.C. § 1355(a), (c)(2006), over actions involving civil forfeitures brought under 18 U.S.C. § 981; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

Judicial Notice; Dictionary Definitions of Statistical Terms; Prior Trial Testimony in Same Matter; Deposition Testimony. Signed by Judge Hewitt.

Federal Highway Administration Road Construction Contract; Claims Under Contract Disputes Act; Constructive Changes; Delays; Differing Site Conditions; Errors in Plans and Specifications; Contractor’s Burden of Proof to Obtain Equitable Adjustment; Liquidated Damages. Signed by Judge Wheeler.

Bid Protest; Violation of Protective Order; Availability of Sanctions or Remedies; Government and Intervenor Entitled to Reasonable Expenses, Including Attorney’s Fees Signed by Judge Hewitt.

Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. 7422(a); Zero Wage Entry on Tax Return; Valid Tax Return Requirement to Qualify as Claim for Refund; Claim for Refund as Prerequisite for Jurisdiction Signed by Judge Hodges.

Partnership readjustment petition under 26 U.S.C. § 6226; Motion to dismiss; Parameters of judicial review under 26 U.S.C. § 6226; Deposit requirement under 26 U.S.C. § 6226(e)(1); Kislev and Russian Recovery examined – and rejected; Proper application of the Dictionary Act, 1 U.S.C. § 1 – pluralization of statutory terms; Nat’l Bank in St. Louis; Annual accounting principle – Burnet v. Sanford; Analogy to Flora; Context of section 6226(e)(1) – including language of accompanying provisions and the structure of TEFRA – indicates that deposit thereunder need only account for the partner’s taxable year corresponding to the partnership taxable year examined under the FPAA; Motion denied. Signed by Judge Allegra.

Post-award Bid Protest; Temporary Restraining Order; Subject Matter Jurisdiction; Javits-Wagner-O'Day Act, 41 U.S.C. §§ 46-48c; Committee for Purchase From People Who Are Blind or Severely Disabled; Bond. Signed by Judge Williams.

Post-Award Bid Protest; Challenge to Evaluation Plan Employing “Overall” Technical Ratings Based on Consensus Evaluations of Technical Evaluation Team (TET) Signed by Judge Hewitt.

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

Contracts; breach of contract; spent nuclear fuel; claim for damages in mitigation of the breach and damages for overhead allocable to capital improvements necessitated by the breach. Signed by Judge Miller, C..

Breach of Contract; Default, 24 C.F.R. §§ 207.255(a)(1), 207.255(c); Failure to State a Claim, RCFC 12(b)(6); Illinois Housing Development Act, 20 Ill. Comp. Stat. Ann. 3805/1 – 3805/34; Jurisdiction, 28 U.S.C. § 1491; Limited Partnership, 805 Ill. Comp. Stat. Ann. 215/803(a), (b)(1); Motion to Dismiss, RCFC 12(b)(1), (b)(6); Multifamily Assisted Housing Reform and Affordability Act of 1997, 42 U.S.C. § 1437f note; Multifamily Mortgage Foreclosure Act of 1981, 12 U.S.C. §§ 3701-3717; National Housing Act, 12 U.S.C. §§ 1701-1750jj; Promissory Estoppel; RCFC 12(d) (matters outside pleadings); Statute of Limitations, 28 U.S.C. § 2501; Summary Judgment, RCFC 56; Takings Clause of the United States Constitution, UNITED STATES CONSTITUTION amend. V. Signed by Judge Braden.

Motion to Dismiss under RCFC 12(b)(1); No Jurisdiction over Claims for Social Security Benefits Signed by Judge Hewitt.

Federal Employees’ Compensation Act; Claim for Interest on Retroactive Compensation; Due Process Clause of Fifth Amendment; Subject Matter Jurisdiction; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Wheeler.

Takings; inverse condemnation claim; military takings claim; breach of contract; motion to dismiss pursuant to RCFC 12(b)(1), (6); Tucker Act, 28 U.S.C. §1491(a)(1) (2006); jurisdiction; justiciability; enemy property doctrine; military necessity doctrine involving Operation Iraqi Freedom; standing; substantial connections to the United States by Iraqi nonresident alien for takings claim of extraterritorial property; claim for inverse condemnation; Totten bar (Totten v. United States, 92 U.S. 105 (1875)); elements of express contract and implied-in-fact contract. Signed by Judge Miller, C..

Post-Award Bid Protest; 28 U.S.C. § 1491(b); Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Unreasonable Delay; Laches; Standing; A & D Fire Protection, Inc.; Dismas Charities, Inc.; Implied-in-Fact Contract; Resource Conservation Group, LLC; Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms; Public Interest Signed by Judge Sweeney.

ABCMR; Promotion; Promotion Consideration; Date of Rank; 10 U.S.C. § 12205; Civilian Education Requirement; Waiver for OCS Graduates; Chevron Deference Signed by Judge Damich.