USCFC General Jurisdiction-Reported

Subject Matter Jurisdiction; Pro Se Standard Constitutional Claims; Tort Claims; Federal Tort Claims Act; 28 U.S.C. § 1346(b); Motion to Transfer; Interest of Justice Signed by Judge Smith.

Pro Se Claim for Damages for Injuries Incurred During Work at the Navy Public Works Center; No Jurisdiction for Claim Based on Tort Theory of Negligence Signed by Judge Hewitt.

Expert Witness; Touhy Regulation; Housekeeping Regulation; Ethics in Government Act; 18 U.S.C. § 208; 5 C.F.R. § 2635.805; 32 C.F.R. §§ 516.41, 516.49, 516.52; Government as Litigant; FRE 702; RCFC 26; Conflict of Interest; Fifth Amendment Signed by Judge Block.

Post-award bid protest; motions to supplement the administrative record; claim of personal bias on the part of the Contracting Officer's Technical Representative; intentional destruction of certain procurement records; FAR Subpart 4.8; limited discovery; spoliation Signed by Judge Lettow.

Nuclear Waste Policy Act of 1982; Standard Contract for disposal of spent nuclear fuel and high-level waste; partial breach of contract; damages in mitigation; causation, foreseeability and reasonable certainty of damages; contractually required rate of acceptance; acceptance of Greater-Than-Class-C radioactive waste; damages not incremental to breach; avoided versus deferred costs; risk of uncertainty caused by breach; recovery of overhead; Private Fuel Storage initiative; Allowance for Funds Used During Construction Signed by Judge Baskir.

28 U.S.C. § 1500 (2006); RCFC 12(b)(1); Same Operative Facts; Same Relief Signed by Judge Bush.

Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Taking Signed by Judge Horn.

Set-Aside for 8(a) Business Development Program; Market Research; 48 C.F.R. § 19.805-1; Procurement Integrity Act Signed by Judge Hewitt.

Challenge to the exercise of options; bid protest jurisdiction; "in connection with a procurement or proposed procurement"; allegation that procurement should have been subject to full and open competition; standing; non-trivial competitive injury which can be redressed by judicial relief; prejudicial harm; waiver; Blue & Gold Fleet, L.P. v. United States,412 F.3d 1309 (Fed. Cir. 2007); Freightliner v. Caldera, 225 F.3d 1361 (Fed. Cir. 2000); FAR § 17.207; priced option; evaluating pricing in ID/IQ contracts; balance of hardships favoring tailored injunctive relief Signed by Judge Miller, G..

Subject Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act of 1978, 41 U.S.C. § § 601-613; Performance Evaluation; Nonmonetary Relief; Definition of "Claim"; Failure to Submit "Claim" to Contracting Officer; BLR Group of America, Inc.; Record Steel & Construction, Inc.; Todd Construction, L.P.; Neal & Co. Signed by Judge Sweeney.

Regulatory takings claim arising from a denial of a Clean Water Act Section 404 wetlands fill permit; cross-motions for partial summary judgment on issue of the relevant parcel Signed by Judge Lettow.

Cross Motions for Summary Judgment; Whether, Under § 6662 of the Internal Revenue Code (I.R.C.) Plaintiffs are Subject to Either a 20% Negligence Penalty or a 20% Substantial Understatement Penalty for Any Underpayment of Tax Resulting From Plaintiffs' Concessions Under I.R.C. § 465; Motion to Strike; Admissibility of Evidence to Support Decision on Summary Judgment; Authentication of Transcripts; Hearsay Signed by Judge Hewitt.

Whether Claim for Breach of Trust Based on Conversion of Oil and Gas Leases is Barred by 28 U.S.C. § 2501 Signed by Judge Hewitt.

RCFC 12(a); RCFC 12(b)(6); RCFC 56(c); CERCLA; "Charges; "By reason of;" Ford Motor Co. v. United States, 378 F.3d 1314 (Fed Cir. 2004); First War Powers Act of 1941; Executive Orders 9024, 9001 9040; National Defense Act of 1916; Cadillac Fairview/California, Inc. v. Dow Chem. Co., 299 F.3d 1019 (9th Cir. 2002); Anti- Deficiency Act, Pub. L. No. 59-28, 34 Stat. 27, 49 (1906) Signed by Judge Smith.

Damages; CERCLA; Summary Judgment; Issue Preclusion; Collateral Estoppel Signed by Judge Smith.

Contracts; trial; Contract Disputes Act of 1978, 41 U.S.C. § § 601-13 (2006); breach of contract; breach of warranty of specifications; breach of covenant of good faith and fair dealing; claim for lost productivity; delay claims; critical path; validity of Government counterclaim; damages Signed by Judge Miller, C..

RCFC 12(b)(1) Motion to Dismiss; Contract Disputes Act, 41 U.S.C. § § 601-613; Election Doctrine; Same Claim Pending Before Civilian Board of Contract Appeals Signed by Judge Firestone.

Post-award bid protest; competitive range determination; CECOM; Rapid Response -Third Generation; sample tasks; material terms;source selection plan; major rewrite or revision; deficiency; prejudice; arbitrary and capricious review standard; rational basis; deference to technical judgments; findings not in conflict with objective information nor inconsistent with subjective analysis Signed by Judge Wolski.

Summary Judgment; Breach of Contract; Constructive Change; Temporary Housing Lease Agreement Signed by Judge Hewitt.

Judgment on Administrative Record; Military Discharge; Coast Guard Board for Correction of Military Records; Weight Manual; Personnel Manual; Physical Disability Discharge; Administrative Separation; Eating Disorder; Underlying Medical Condition; Weight Loss Probation;Reasonable and Consistent Progress Signed by Judge Damich.