USCFC General Jurisdiction-Reported

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12-463C • COMMAND MANAGEMENT SERVICES, INC. V. THE UNITED STATES

Filed 06/04/2013
Bid protest; Conflicts Of Interest; Federal Acquisition Regulations 3.101-1 (avoiding conflicts of interest) 3.104-2(b)(3) (post-employment restrictions) 3.104-7(e)(1) (“proprietary or source selection sensitive information”) 9.504(c) (“organization conflict of interest, unequal access”); Procurement Integrity Act, 41 U.S.C. § 423, now cited as 41 U.S.C. §§ 2101-06 (prohibitions against disclosing procurement information and restrictions on employment); RCFC 24(a)(2) (intervention as a matter of right); RCFC 52.1 (Judgment on the Administrative Record); Supplementation of the Administrative Record. Signed by Judge Braden.

05-281C • UNISYS CORPORATION V. THE UNITED STATES

Filed 06/03/2013
Original Cost Account Standards (“CAS”) segment closing adjustment obligation; CAS 413.50(c)(12); calculation of Teledyne share; Retrospective IPG contracts; government cost participation in fixed-price incentive contracts Signed by Judge Firestone.

12-64C • CREWZERS FIRE CREW TRANSPORT, INC. V. THE UNITED STATES

Filed 05/31/2013
Blanket Purchase Agreements; Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), as amended and codified at 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulations, 48 C.F.R. § 2.101 (definition of contracts); 48 C.F.R. § 2.201 (contract clause); 48 C.F.R. § 13.004 (effect of quotations); 48 C.F.R. § 13.303 (blanket purchase agreements); 48 C.F.R. § 52.212-4 (terminations for convenience); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1). Signed by Judge Braden.

11-607C • CREWZERS FIRE CREW TRANSPORT, INC. V. THE UNITED STATES

Filed 05/31/2013
Blanket Purchase Agreements; Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), as amended and codified at 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulations, 48 C.F.R. § 2.101 (definition of contracts); 48 C.F.R. § 2.201 (contract clause); 48 C.F.R. § 13.004 (effect of quotations); 48 C.F.R. § 13.303 (blanket purchase agreements); 48 C.F.R. § 52.212-4(m) (termination for convenience); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1). Signed by Judge Braden.

12-117C • MARY B. STANTON V. THE UNITED STATES

Filed 05/31/2013
Military Pay Act, 37 U.S.C. § 204; Motion to Supplement the Administrative Record Signed by Judge Damich.

12-440C • MICHAEL B. VOLK V. THE UNITED STATES

Filed 05/30/2013
Former Navy SEAL Challenges Revocation of His SEAL Navy Enlisted Classification (NEC) Signed by Judge Hewitt.

11-538C • MG ALTUS APACHE COMPANY V. THE UNITED STATES

Filed 05/30/2013
Post-award Bid Protest; Supplementation of the Court Record; Nonresponsibility Determination; Joint Venture; De Facto Debarment; Due Process; National Security. Signed by Judge Williams.

11-543L • LONE STAR INDUSTRIES, INC. V. THE UNITED STATES

Filed 05/30/2013
United States Court of Federal Claims Rules 12(b)(6), 59, 60; Motion for New Trial or to Alter or Amend Judgment; Fifth Amendment Taking; LA. CIV. CODE ANN. art. 690, et seq.; Property Interest; Predial Servitude. Signed by Judge Williams.

06-167L • OTAY MESA PROPERTY, L.P., et al. V. THE UNITED STATES

Filed 05/30/2013
Fifth Amendment Taking; U.S. Border Patrol’s Use of Seismic Intrusion Sensors on Plaintiffs’ Property; Risk to Plaintiffs that Property Could Not Be Used for Mitigation Purposes Under California Land Use Law; Fair and Reasonable Determination of Damages. Signed by Judge Wheeler.

12-646L • VANE MINERALS (US), LLC V. THE UNITED STATES

Filed 05/29/2013
28 U.S.C. § 1500 (2006); RCFC 12(b)(1) (motion to dismiss for lack of subject matter jurisdiction). Signed by Judge Braden.

07-374C • AMERICAN CONTRACTORS INDEMNITY COMPANY V. THE UNITED STATES

Filed 05/29/2013
Small Business Administration; Surety Bond; 13 C.F.R. § 115.19; Prior Approval Surety; Sham Affidavit; Summary Judgment Signed by Judge Sweeney.

13-144C • CHAMELEON INTEGRATED SERVICES, INC. V. UNITED STATES

Filed 05/29/2013
Bid protest; Federal Acquisition Streamlining Act; task order contract; STARS II GWAC. Signed by Judge Bruggink.

08-745C • ROSA D. BONEWELL V. THE UNITED STATES

Filed 05/29/2013
RCFC 52.1(c); Survivor Benefit Plan, 10 U.S.C. §§ 1447-1455; Former Spouse Election; Office of Personnel Management v. Richmond; Substantial Compliance With Statute and Regulations; Injustice; Bad Faith; Inducement Signed by Judge Sweeney.

12-250C • SANDRA CHARNETSKI V. THE UNITED STATES

Filed 05/29/2013
Motion to Dismiss; Jurisdiction; Civilian Employment; Social Security Administration; Gradual Retirement Program; Breach of Contract; Intentional Interference With Contractual Relations; Transfer Signed by Judge Sweeney.

12-157C • INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, et al. V. THE UNITED STATES

Filed 05/28/2013
Motion to Dismiss Under RCFC 12(b)(1) and 12(b)(6); Fifth Amendment Taking Claim; 28 U.S.C. § 1500; 28 U.S.C. § 2501; Capacity to Sue on Behalf of an Unincorporated Association; RCFC 17(b)(3); Property Interest; Implied-In-Fact Contract. Signed by Judge Miller, G..

12-303C • HITKANSUT LLC, a Michigan corporation, & ACCELEDYNE TECHNOLOGIES, LTD., LLC, a Michigan corporation V. UNITED STATES

Filed 05/28/2013
Patent case; production in discovery of information related to or derived from cooperative research and development agreements; statutory protection against disclosure; 15 U.S.C. § 3710a(c)(7); inventor’s access to confidential technical information of opposing part Signed by Judge Lettow.

13-58C • DAVIS BOAT WORKS, INC. V. THE UNITED STATES

Filed 05/28/2013
Post-award Bid Protest; U.S. Coast Guard Procurement for Cutter Boat Maintenance and Repair Services; Challenge to Agency’s Reevaluation of Proposals After Corrective Action; Equal Treatment of Offerors; Clarification of Proposals; Lack of Prejudice From Agency’s Minor Errors. Signed by Judge Wheeler.

11-223C • AMERICAN INNOTEK, INC. V. THE UNITED STATES

Filed 05/24/2013
Patent Infringement; 28 U.S.C. § 1498; 35 U.S.C. § 112; Claim Construction; Prior Art; Prosecution History; Prosecution Disclaimer; Means-Plus-Function Limitation; Doctrine of Equivalents; Indefiniteness. Signed by Judge Williams.

13-20C • CADDELL CONSTRUCTION CO., INC. V. UNITED STATES

Filed 05/22/2013
Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Timeliness; Standard of Review; Pre-qualification; Percy Amendment; Best-Value Trade-Off Analysis; Injunctive Relief; Bid Preparation and Proposal Costs. Signed by Judge Horn.

04-99C • KANSAS GAS AND ELECTRIC COMPANY, et al. V. THE UNITED STATES

Filed 05/20/2013
Bill of Costs; RCFC 54; Motion to Enlarge Time for Filing, Nunc Pro Tunc; RCFC 6; Excusable Neglect; Miscalculation of Deadline Signed by Judge Damich.

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