USCFC General Jurisdiction-Reported

Post-award bid protest; dismissal for lack of subject matter jurisdiction,RCFC 12(b)(1); mootness; corrective action Signed by Judge Wolski.

Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Sale of Nuclear Power Plant; Assignment of DOE's Standard Contract; Seller's Claim for Damages Measured by Diminution in Sales Price; Buyer's Claim for Mitigation Damages Due to DOE's Partial Breach of Standard Contract Signed by Judge Wheeler.

Federal Acquisition Regulation 9.1(Responsible Prospective Contractors);Federal Acquisition Regulation 15.201 Exchanges with Industry Before Receipt of Proposals); Federal Acquisition Regulation 15.305 (Proposal Evaluation); Federal Acquisition Regulation 15.306 (Exchanges with Offerors After Receipt of Proposals); Federal Acquisition Regulation 15.506 (Post-Award Debriefing of Offerors); Federal Acquisition Regulation 52.215-8 (Order of Precedence - Uniform Contract Format); Federal Acquisition Regulation 52.219-9(Small Business Subcontracting Plan); Intervenor, RCFC 24(a); Judgment on the Administrative Record,RCFC 52.1;Post-Award Bid Protest; Standing Signed by Judge Braden.

Contract: Grazing permits approved and administered by the Department of the Interior's Bureau of Indian Affairs do not constitute contracts with the United States where the individual Indian landowners are charged with the responsibility for issuing the permits. Res Judicata: The doctrine of res judicata extends to the decisions of administrative agencies where the agency is acting in an adjudicative capacity and the parties have been given a full and fair opportunity to litigate their claims. Illegal Exaction: Where the government collects money pursuant to an erroneous construction of a regulation, a claim for the return of that sum is cognizable as a claim within the express jurisdiction of this court. Transfer of Claims: A claim cannot be transferred to another court pursuant to 28 U.S.C. § 1631 if the claim could not be filed in that court in the first instance. Signed by Judge Wiese.

Post-award bid protest; Technology support contract; Cross-motions for judgment on the administrative record; Standard of review - Bannum - Axiom; Deviation from price evaluation terms; Failure to amend - violation of FAR § 15.206(a); Meaningful discussions; No violation of FAR § 15.306(d); Failure to modify solicitation did not, per se, result in violation of FAR's discussion requirements; Agency evaluation of data center proposal not arbitrary and capricious; No prejudice where disappointed bidder could not show it had a substantial chance of receiving contract but for the error; Alfa-Laval construed; Relief denied Signed by Judge Allegra.

Post-trial decision in suit for damages for partial breach of Standard Contract for disposal of spent nuclear fuel; sale of nuclear power plant; buyer's claim for damages following on seller's correlative claim; foreseeability; causation; reasonable certainty of damages; government's right to recoup from buyer damages payable by government to seller measured by diminution in value of nuclear power plant; future maturity of recoupment right Signed by Judge Lettow.

RCFC 41(a)(1),Voluntary Dismissal; RCFC 59,Reconsideration, Altering Or Amending A Judgment; RCFC 60, Relief From A Judgment Or Order Signed by Judge Braden.

Navy disability evaluation system; Informal and Formal Physical Evaluation Boards ("PEBs"); waiver of formal PEB determination; legal competence; scope of waiver of hearing before formal PEB; Veterans Administration Schedule for Rating Disabilities ("VASRD"); Navy's use of VASRD to assess fitness for military duty; deference to determinations of the Board for Correction of Naval Records ("BCNR"); 10 U.S.C. § 1552(a)(1); 32 C.F.R. § 723.3(e)(2); BCNR's credibility determinations Signed by Judge Miller, G..

Class Action; Motion for approval of proposal settlement; RCFC 23(e); Settlement found to be fair, reasonable and adequate; Motion granted Signed by Judge Allegra.

Motions In Limine to Strike Expert Reports; RCFC 26; FRE 702; Daubert Signed by Judge Hewitt.

Indian Trust Claim; Confederated Tribes of the Warm Springs Reservation v. United States; Damages for Breach of Trust Obligations; Breach of Duty to Make Prompt Deposits; Breach of Duty to Invest Prudently Signed by Judge Hewitt.

Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 48 C.F.R. § 9904.403; CAS 412, 48 C.F.R. § 9904.412; CAS 413, 48 C.F.R. § 9904.413; FAR 205-6(o), 48 C.F.R. § 31.205-6(o) Signed by Judge Firestone.

Partial Summary Judgment; Post-Retirement Benefits; Segment Closing Adjustment; Cost Accounting Standards; CAS 403, 4 C.F.R. § 403; CAS 406, 4 C.F.R. § 406.40; CAS 412; 4 C.F.R. § 412; CAS 413, 4 C.F.R. § 413; FAR 205-6(o), 48 C.F.R. § 31.205 6(o)(1) Signed by Judge Firestone.

Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery / Indefinite Quantity Contract; Price Realism. Signed by Judge Bruggink.

Pre-award Bid Protest; Competitive Range Determination; Indefinite Delivery/Indefinite Quantity Contract Signed by Judge Bruggink.

Pro Se Plaintiff; Takings Claim Founded on a Suggestion Offered to a Federal Agency for which No Payment Was Received Signed by Judge Bush.

Claim for Infringement of Process Patent; Treatment of Waste Materials; Summary Judgment; Literal Infringement; Doctrine of Equivalents; Application of "Batch" and "Weighing" Limitations; Discovery Sanctions Signed by Judge Wheeler.

Bid Protest; Laches; FRE 408; Application of U.S. Space Transportation Policy; Supplementing the Administrative Record; Undisclosed Evaluation Criteria; Past Performance; Contractor Responsibility; Tradeoff Analysis; Evidentiary Weight of Previous GAO Testimony; Remand to Agency Signed by Judge Block.

Cross-Motions for Reconsideration; Taking; Uniform Relocation Assistance and Real Property Acquisition and Policies Act Signed by Judge Hewitt.

Settlement agreement; employment reference; background inquiry; implied covenant of good faith and fair dealing; predicates for and calculation of expectancy damages Signed by Judge Miller, G..