USCFC General Jurisdiction-Reported

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12-852C • CMS CONTRACT MANAGEMENT SERVICES, ET AL. V. THE UNITED STATES

Filed 04/19/2013
Pre-award Bid Protests; Project-based HUD Section 8 Housing Assistance Program; Procurement Contracts Contrasted With Cooperative Agreements; 31 U.S.C. §§ 6301 - 6308; Applicability of Competition in Contracting Act and Federal Acquisition Regulation; Analysis of HUD Housing Assistance Statutes and Regulations. Signed by Judge Wheeler.

07-725C • BRISTOL BAY AREA HEALTH CORPORATION V. THE UNITED STATES

Filed 04/18/2013
Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 (“ISDEAA”); RCFC 12(b)(1), 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103; Tolling; Indirect Contract Support Costs; Res Judicata Signed by Judge Sweeney.

10-707C • OASIS INTERNATIONAL WATERS, INC. V. UNITED STATES

Filed 04/18/2013
Attorney-Client Privilege; Waiver; Federal Rule of Evidence 502; Clawback Order Signed by Judge Horn.

12-459C • STATE OF NORTH CAROLINA BUSINESS ENTERPRISES PROGRAM, et. al. V. UNITED STATES OF AMERICA

Filed 04/17/2013
Pre-award bid protest; Motion to supplement administrative record; Standing; Prejudice Signed by Judge Block.

13-41C • NORSAT INTERNATIONAL [AMERICA], INC. V. THE UNITED STATES

Filed 04/16/2013
Bid Protest; Technical Evaluation; Deference; Agency Evaluation; Lack of Significant Prejudice Signed by Judge Firestone.

01-707V • MICHAEL STEPHEN SHAW V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/16/2013
Vaccine Act; Interim fees; Avera; McKellar Signed by Judge Bruggink.

09-265C & 09-882C • EXXON MOBIL CORPORATION V. THE UNITED STATES

Filed 04/16/2013
28 U.S.C. § 455(a), 28 U.SC. § 455(a), Shell Oil v. United States, 672 F.3d 1283 (Fed. Cir. 2012), Liteky v. United States, 510 U.S. 540 v. (1994), In re Kansas Public Retirement System, 85 F.3d 1353 (8th Cir. 1996) Signed by Judge Smith.

10-540C • CANVS CORPORATION V. THE UNITED STATES

Filed 04/16/2013
Motion to Reconsider Order of Dismissal of Patent Claims for Failure to Prosecute; RCFC 41(b); Motion to Reconsider Denied Signed by Judge Hewitt.

09-114C • JOHNNY GREGORY, et. al. V. THE UNITED STATES

Filed 04/12/2013
Rails-to-Trails Case; Recovery of Attorneys’ Fees and Costs; Lodestar Method of Calculation; Reasonable Reductions Based Upon Degree of Success. Signed by Judge Wheeler.

12-708C • CW GOVERNMENT TRAVEL, INC., d/b/a CWTSATOTRAVEL V. THE UNITED STATES

Filed 04/11/2013
Postaward Bid Protest; 28 U.S.C. § 1491(b); Standing; Timeliness; FAR 16.504(c)(1)(ii)(D)(1)(iii); Qualified and Capable; Unequal Treatment; Injunctive Relief Signed by Judge Sweeney.

12-604C • CAPTAIN ROSS E. JOSLYN V. THE UNITED STATES OF AMERICA

Filed 04/10/2013
Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Disability Retirement Pay Claim Under 10 U.S.C. § 1201; Wrongful Discharge Claim Under Military Pay Act, 37 U.S.C. § 204 Signed by Judge Hewitt.

12-326C • COUNCIL FOR TRIBAL EMPLOYMENT RIGHTS V. UNITED STATES

Filed 04/08/2013
Motion for award of fees and expenses incurred in connection with a successful motion to compel discovery; RCFC 37(a)(5); absence of substantial justification for opposing party’s position Signed by Judge Lettow.

13-37C • COHEN FINANCIAL SERVICES, INC. V. THE UNITED STATES

Filed 04/04/2013
FDIC Acquisition Policy Manual ¶ 3.210(c) (price evaluation); FDIC Acquisition Procedures, Guidance, and Information 3.206(a)(2) (required price analysis in best value procurements); 3.210(c)(2) (price realism); 3.214 (documentation of source selection); 5 U.S.C. § 706(2)(A) (review under the Administrative Procedure Act); 28 U.S.C. § 1491(b)(4) (review of bid protests). Signed by Judge Braden.

11-751L • DANIEL GABINO MARTINEZ V. THE UNITED STATES

Filed 04/04/2013
Fifth Amendment taking; statute of limitations; accrual date; impoundment and sale of cattle. Signed by Judge Bruggink.

11-884L • REOFORCE, INC. and THEODORE SIMONSON V. THE UNITED STATES

Filed 04/04/2013
Fifth Amendment Takings; Compensable Property Interest; Discovery of Valuable Mineral Deposit, 30 U.S.C. Section 26; Unpatented Mining Claims; Mining Contest; Res Judicata; Final Judgment on the Merit Signed by Judge Futey.

12-846C • ARCATA ASSOCIATES, INC. V. THE UNITED STATES

Filed 04/03/2013
Administrative Dispute Resolution Act; Federal Acquisition Regulation 19.303(c)(5) (amendment of solicitation after Office of Hearings and Appeals review); Pre-Award Bid Protest; North American Industry Classification Services Codes 541712 (Research and Development in the Physical Engineering and Life Sciences (except Biotechnology)), 541513 (Computer Facilities Management Services); Permanent Injunction; Tucker Act, 28 U.S.C. § 1491(b)(1); 13 C.F.R. § 121.1103(c)(1) (procedures for NAICS code appeals); 13 C.F.R. § 121.201 & n.11 (size standards and definitions for NAICS Code 541712); 13 C.F.R. § 134.314 (standard of review in NAICS Code appeals). Signed by Judge Braden.

09-865C • LAKESHORE ENGINEERING SERVICES, INC. V. THE UNITED STATES

Filed 04/03/2013
Contract case; Motion for summary judgment; ID/IQ contract, with fixed-price task orders; Use of price book with bidder’s coefficient; Army neither contracted nor warranted that prices in price book accurately reflected local prices; Instructions for using price book included in solicitation by necessary implication; Risk of price understatement on contractor; No breach of the covenant of good faith and fair dealing; No mutual mistake or unilateral mistake; Reformation denied; Equitable adjustment denied. Signed by Judge Allegra.

12-62C • TIGERSWAN, INC. V. THE UNITED STATES

Filed 04/02/2013
Breach of Contract; Bid Protest; Termination for Convenience; Implied Duty of Good Faith and Fair Dealing; Bad Faith Signed by Judge Firestone.

07-184C • THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, ET AL. V. THE UNITED STATES

Filed 04/02/2013
Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Smith.

07-157C AND 07-167C • PACIFIC GAS AND ELECTRIC COMPANY V. THE UNITED STATES

Filed 04/02/2013
Motion to Reconsider, City of Redding v. FERC, 693 F.3d 828 (9th Cir. 2012), Bonneville Power Administration v. FERC, 422 F.3d 908 (9th Cir. 2005) Signed by Judge Allegra.

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