USCFC General Jurisdiction-Reported

Motion for reconsideration of post-trial judgment in suit for partial breach of Standard Contract for disposal of spent nuclear fuel; RCFC 59(a), (b), (e) Signed by Judge Lettow.

Pre-Award Bid Protest; Legal Standards Governing the Solicitation of Bureau of Reclamation Concession Contracts; Litigation of Contract Claims within a Pre-Award Bid Protest; Incumbent Contractor Performance as Responsiveness and Responsibility Criteria; Whether Allegedly Inaccurate Appraisal Estimates May Invalidate a Prospectus Signed by Judge Bush.

Pre-award Bid Protest; Challenge to Agency's IDIQ Multiple Award Task Order Solicitation; Violation of 10 U.S.C. § 2304(a); Rational Basis Test; Injunctive Relief Signed by Judge Wheeler.

Post-Award Bid Protest; DOE; NNSA; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Probable Cost Adjustments; Bannum; Rational Basis Signed by Judge Sweeney.

Opinion on Remand; Breach of Settlement Agreement Between Subcontractor and Procuring Activity; Experience Requirements; Single Manufacturer Requirement; Manufacturing Certification; Lost Profits; Collateral Contract; Effect of Mere Allegations or Denials on Summary Judgment Signed by Judge Baskir.

Fifth Amendment Takings —The Forest Service's fire suppression policies cannot support a claim for inverse condemnation when the damage complained of was the result of a fire caused by an individual not acting as the government's agent. Signed by Judge Wiese.

Motion for Partial Reconsideration Signed by Judge Merow.

Post-award bid protest; attorneys' fees; Equal Access to Justice Act, 28 U.S.C. § 2412(d); bid preparation and proposal costs; 28 U.S.C. § 1491(b)(2) Signed by Judge Lettow.

Pre-Award Bid Protest; Small Business Administration Qualification of Historically Underutilized Business Zone Small Business Concerns; Definition of the Term "Employee" in 13 C.F.R. § 126.103 (2007); Deference to Agency Interpretation of Regulation. Signed by Judge Bush.

Informal Claim Doctrine; Jurisdiction; Pro Se; Tax Refund; 26 U.S.C. § § 6511(a), 6532(a), 7422(a); 28 U.S.C. § 1346(a)(1); 26 C.F.R. § 301.6402-3(a)(1); RCFC 12(b)(1), (e). Signed by Judge Braden.

Anti-Kickback Act of 1986, 41 U.S.C. § § 51-58; Contract Disputes Act, 41 U.S.C § 609(a); Debt Collection Improvement Act Pub. Law 104-134 (1999); Due Process Clause, U.S. Const. amend. V.; Excessive Fines Clause, U.S. Const. amend. VIII.; False Claims Act, 31 U.S.C. § 3729(a)(1), (a)(2); Partial Summary Judgment, RCFC 56(b), (c); Tucker Act, 28 U.S.C. § 1491. Signed by Judge Braden.

Motion for Judgment on the Pleadings; RCFC 12(c); No Jurisdiction Over Claims Sounding in Tort; Fifth Amendment Takings Claim; Standing; Navigational Servitude Signed by Judge Firestone.

Rule 11; sanctions; bid protest; pleadings; administrative record; 28 U.S.C. § 1491; withdrawal of claims; factual allegations; legal arguments; evidentiary support; frivolous legal theories Signed by Judge Baskir.

Government Contract; Subject Matter Jurisdiction, RCFC 12(b)(1); Failure to State a Claim, RCFC 12(b)(6); Sovereign Immunity; Equitable Subrogation; Assignment; Wrongful Payment; Suretyship; Indemnitor; Subcontractor; Third-Party Beneficiary Signed by Judge Sweeney.

Motion for relief from judgment; RCFC 60(b)(3), (6); allegations of misrepresentations; timeliness; independent action for relief from judgment; effect of prior de novo examination Signed by Judge Lettow.

INFORMATION SCIENCES CORP., Plaintiff, and GALLAGHER, HUDSON, HUDSON & HUNSBERGER, INC. (d/b/a Development InfoStructure or DEVIS), Intervenor-Plaintiff, v. THE UNITED STATES Adequate Documentation; Apportionment; Eligible Party; Equal Access to Justice Act, 28 U.S.C. § 2412; Expert Witness Fees; Miscellaneous Expenses; Overtime Expenses; Paralegal Expenses; Special Circumstances Exception; Substantial Justification; 48 C.F.R. § 15.306(c); 48 C.F.R. § 15.308 Signed by Judge Braden.

Motion for Protective Order; RCFC 26(b)(1); Attorney-Client Privilege; Work Product Doctrine Signed by Judge Bruggink.

Contracts; post-award bid protest; best-value negotiated procurement; tradeoff analysis; prejudice Signed by Judge Miller, C..

Summary Judgment; Disputed Issues of Fact as to Whether Accession to Wealth Was Clearly Realized Under James v. United States, 366 U.S. 213 (1961); I.R.C. § 61(a) Signed by Judge Firestone.

Post-trial decision in suit for partial breach of Standard Contract for disposal of spent nuclear fuel; mitigation; damages Signed by Judge Lettow.