USCFC General Jurisdiction-Reported

Vaccine Act, 42 U.S.C. § § 300aa-10 - 300aa-34 (2006); review of motions for attorneys'fees and interim fees Signed by Judge Miller, C..

Breach of contract for removal of spent nuclear fuel; utility's condition with full performance in the non-breach world of the 1987 ACR and the 1991 ACR; difference between mitigation costs in the breach world and costs that would have been incurred with full government performance in the non-breach world of the 1987 ACR and the 1991 ACR; offset for future costs of performance; waiver Signed by Judge Merow.

31 U.S.C. § 3553; applicability of automatic stay of performance under Competition in Contracting Act (CICA); jurisdiction of Government Accountability Office (GAO), FAA Office of Dispute Resolution for Acquisition (ODRA) to hear task order protest; jurisdiction of Court of Federal Claims over failure of agency to make override findings before proceeding with performance of task order during pendency of GAO protest; declaratory and injunctive relief Signed by Judge Miller, G..

RCFC 12(b)(1); Reemployed Annuitant; Transportation Security Administration; Employment by Appointment; Misrepresentation; Standard Form 50; Implied-In-Fact Contract; Express Oral Contract; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

Motion for Reconsideration, RCFC 59(a); Doctrine of Equitable Subrogation Signed by Judge Braden.

Post-award Bid Protest; Disagreements With Agency's Proposal Evaluations;Relevance of Past Performance Data From Defaulted Contract; Reasonable Best Value Award to Higher Priced, Technically Superior Offeror Signed by Judge Wheeler.

Discovery; Rules of the Court of Federal Claims 26(b)(3)(A)and 26(b)(4)(B); Whether a Party May Discover Facts Known or Opinions Held by a Non-Testifying Expert;In Camera Review Signed by Judge Hewitt.

Partnership Tax; Tax Equity and Fiscal Responsibility Act, 26 U.S.C. § 6226; Final Partnership Administrative Adjustment; Jurisdictional Deposit; Pass-thru Partner Signed by Judge Bruggink.

Motion to compel answers to interrogatories; Responsible officer penalty case - 26 U.S.C. § 6672; RCFC 33 - interrogatories; RCFC 37 - order to compel; RCFC 37(a)(4) - response not compelled where sufficient; RCFC 26(b)(1) - response not compelled where interrogatory requests irrelevant information; RCFC 37(a) - failure to make conferment certification; Motion denied. Signed by Judge Allegra.

Administrative Procedure Act, 5 U.S.C. § 706; Board for Correction of Naval Records;Default Judgment, RCFC 55(b)(2);Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 § 624 (1980); Pub. L. No. 90-179 (Dec. 8, 1967); Judgment on the Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion to Dismiss, RCFC 12(b)(6); Remand, RCFC 52.2; Tucker Act, 28 U.S.C. § 1491(a)(1); 10 U.S.C. § 101 (b)(10), (d)(1), (d)(3); 10 U.S.C. § 634(a); 10 U.S.C. § 1401-1412; 10 U.S.C. § 1552(a)(3); 10 U.S.C. § 3927 (repealed 1981); 10 U.S.C. § 5596; 10 U.S.C. § 5600 (repealed 1996); 10 U.S.C. § 5788a (repealed 1981); 10 U.S.C. § § 6371-86 et. seq. (repealed 1981); 10 U.S.C. § § 6387-89 (repealed 1981); 10 U.S.C. § 8927 (repealed 1981); 10 U.S.C. § 6388(a), (b), (c) (1968)(as amended); Manual of Navy Officer Manpower and Personnel Classifications, NAVMILPERSCOM 158391, Vol. 1, at A-2 (Sept. 25, 2009); NAVMILPERSCOM NOTICE 1821; SECNAVINST 1821.1 (Jan. 29, 1982); 31 U.S.C. § 1102; 32 C.F.R. § 723.9 Signed by Judge Braden.

Takings claim arising from a holdover tenancy of a 72-acre parcel used by the Federal Aviation Administration as a radar site for tactical air navigation; motion to strike defenses; RCFC 12(f); government's concession of liability for a taking; government's admissions of fact regarding claim for breach of implied contractual obligation to vacate premises Signed by Judge Lettow.

Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2006); Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-262 (2006); Home to Work Travel Time; Controlling Precedent; Employer's Hypothetical Custom or Practice of Compensating Commuting Time Signed by Judge Bush.

Indefinite Delivery/Indefinite Quantity Contract; Breach of Contract; Statutory Prohibition of Task Order Protests, Federal Acquisition Streamlining Act, 41 U.S.C. § 253j(d) Signed by Judge Horn.

Jurisdiction; Statute of Limitations; Equitable Tolling; Legal Disability; Military Pay; Disability Retirement Benefits Signed by Judge Horn.

Government's Segment Closing Payment under the Allowable Cost and Payment Clause Where the Segment Closing Calculation Involves a Pension Deficit and a Portion of the Pension Deficit is Transferred from the Segment Seller to Segment Buyer; Allowable Cost and Payment Clause, FAR 52.216-7; Allowability Clause, FAR 31.201-2; Generally Accepted Accounting Principles ("GAAP") Signed by Judge Firestone.

Segment Closing Date under Original CAS 413, 4 C.F.R. § 413-50(c)(12)(1986); Segment Closed when Contractor Stopped Performing on Government Contract and Stopped Incurring any Direct Labor Charges Signed by Judge Firestone.

Rule 12(b)(1); Motion to Dismiss; 28 U.S.C. §1500; Previously Filed District Court Action; Same Operative Facts; Requests for Same Relief Signed by Judge Wheeler.

Apparent Authority; Breach of Contract Signed by Judge Bruggink.

Federal income tax; Summary judgment; Abandonment of partnership interest; Section 165 of the Internal Revenue Code - loss deduction; TEFRA partnership provisions; Jurisdiction - whether abandonment loss deduction was proper is "affected item" over which jurisdiction lies; Adjusted basis of partnership interest; Section 705 of the Internal Revenue Code; Treatment of distributed losses; Partnership interest had zero basis;Loss deduction properly disallowed Signed by Judge Allegra.

Post-Award Bid Protest: Where an agency distinguished between offerors for a contract award based on whether an offeror had experience constructing the same type of building as identified in the solicitation, the agency: (1) was not required to raise the protestor's past experience in discussions since the agency did not consider that experience a weakness; (2) did not disregard the weighting scheme set forth in the solicitation since the solicitation explicitly provided that offerors who met all of the criteria may be more highly rated; and (3) properly conducted its best value analysis since the determination that an offeror's possession of the same experience as sought in the solicitation warranted a higher price was within the discretion of the agency Signed by Judge Wiese.