USCFC General Jurisdiction-Reported

Protest of procurement actions taken by a contracting officer of the Department of Veterans Affairs; jurisdiction under the third prong of 28 U.S.C. § 1491(b)(1); extension of an existing contract under FAR § 52.217-8; implementation of the Veterans Benefits, Health Care, and Information Technology Act of 2006; priority of competing federal contracting preferences; equitable relief Signed by Judge Lettow.

Bid Protest; Brooks Act, 40 U.S.C. §§ 1101-1104 (2006); Objection to Synopsis Barred Under Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308 (Fed. Cir. 2007); Unexplained Discrepancies in the Record Must be Clarified by Agency; Partial Injunction During Remand to Clarify Ambiguities in the Record and Provide a Final Ranking Signed by Judge Firestone.

Motion to Dismiss; Contract Disputes Act; Punitive Damages; Prompt Payment Act; Takings Clause Signed by Judge Hewitt.

Military pay; motion to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction based on justiciability; mootness doctrine; exceptions to mootness doctrine Signed by Judge Miller, C..

Challenge to Override of Automatic Stay pursuant to the Competition in Contracting Act (CICA), 31 U.S.C. § 3553(2006) Signed by Judge Bush.

Post-award bid protest; Cross-motions for judgment on the administrative record; Standard of review; 48 C.F.R. § 52.222-46 – failure to comply with professional services clause; Probative weight to be given contracting officer’s statement before the GAO; Price realism analysis; Technical evaluation; Inclusion of price information in the technical proposals; Staffing plan factor – failure to provide adequate explanation for weakness and adjectival rating; Facility layout factor – unequal treatment of offerors; Responsibility determination – reliance on “current” information; Organizational conflict of interest; Prejudice; Injunctive factors analyzed; Injunction warranted Signed by Judge Allegra.

Type I differing site condition claim; FAR 52.236-2(a); implied representation by Forest Service of actual site condition; foreseeability by contractor of actual site condition; constructive acceleration claim Signed by Judge Miller, G..

Motion to Dismiss for Lack of Subject Matter Jurisdiction; Patent Infringement Claim, 28 U.S.C. § 1498; Unissued Patent Signed by Judge Horn.

Application for attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d); justification for government’s posture in the case; fees; expenses Signed by Judge Lettow.

Subject Matter Jurisdiction; Coverage of Contract Disputes Act; Failure to Submit Claim to Contracting Officer; Definition of “Procurement;” Exemption for “Real Property in Being.” Signed by Judge Wheeler.

Motion to Dismiss Claims for Interest Under the Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), and the Prompt Payment Act, 31 U.S.C. §§ 3901-07 (2006), and Related Claims for Declaratory Relief Signed by Judge Hewitt.

Civilian Pay; Special Salary Schedule pursuant to 38 U.S.C. § 7451 (2006), 42 U.S.C. § 284c(b) (2006), and Delegation Agreement between OPM and DHHS; Counterclaim for Salary Overpayment, 28 U.S.C. §§ 1503, 2508 (2006); Post Allowance for Overseas Work Station, 5 U.S.C. § 5924(1) (2006); Department of State Standardized Regulations § 220. Signed by Judge Bush.

28 U.S.C. § 2501, the Six-Year Statute of Limitations Applicable to Tucker Act Claims, Does Not Apply to Claims Brought Pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006 Signed by Judge Hewitt.

Post-award procurement protest; Past performance ratings; Best value award. Signed by Judge Merow.

Spent Nuclear Fuel Case; Recovery of Mitigation Damages for DOE’s Partial Breach of Contract; Costs of Compliance with State Legislative Requirements; Federal Preemption Doctrine; Overhead Loader Charges; Cost of Capital Signed by Judge Wheeler.

Jurisdiction; 28 U.S.C. § 1500 Signed by Judge Horn.

No Jurisdiction Over Claim for Increased Veteran Disability Benefits Signed by Judge Hewitt.

Motion to Dismiss; Statute of Limitations; 25 U.S.C. § 2501; Purpose of Statutes of Limitations; Theory of Repose Signed by Judge Smith.

Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act, 41 U.S.C. § 605(a); Requirement to Submit a Claim to the Contracting Officer; Deemed Denial; Same Claim Principle; Declaratory Judgment Signed by Judge Smith.

RCFC 62(c); Motion for Stay of Injunction Pending Appeal Signed by Judge Futey.