USCFC General Jurisdiction-Reported

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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.

12-841C • BRIAN CHARLES VAETH V. THE UNITED STATES

Filed 05/15/2013
Application for Energy Project Grant(s); Complaint of Political Bias; Standing; Failure to have Submitted Application; Hypothetical Injury; Procurement Signed by Judge Damich.

10-723C • JUANITA L. HUGHETT V. THE UNITED STATES

Filed 05/15/2013
Motion for Attorney’s Fees and Costs; Equal Access to Justice Act, 28 U.S.C. § 2412 (2006); Procedural Remand Did Not Convey Prevailing Party Status on Plaintiff; Government’s Litigating Position Was Substantially Justified. Signed by Judge Bush.

13-202C • BEECHCRAFT DEFENSE COMPANY, LLC V. THE UNITED STATES

Filed 05/10/2013
Post-Award Bid Protest; Override of the CICA Automatic Stay; 31 U.S.C. § 3553(d); Acquisition of Light Air Support Aircraft for the Afghan Air Force. Signed by Judge Miller, G..

11-200C • SALVATORE BORTONE V. THE UNITED STATES

Filed 05/09/2013
Living Quarters Allowance eligibility under the Overseas Differentials and Allowances Act; 5 U.S.C. § 5923; Department of State Standardized Regulations §§ 031.11-.12; Department of Defense Instruction 1418.1 Signed by Judge Firestone.

12-882C • KWV, INCORPORATED V. UNITED STATES

Filed 05/09/2013
Pre-award bid protest; challenge to agency’s disqualification of veteran-owned small business from participating in VA’s Veterans First Contracting Program; application of “control” within the meaning of 38 C.F.R. § 74.4 Signed by Judge Lettow.

04-1365C • CHEVRON U.S.A., INC. V. THE UNITED STATES

Filed 05/08/2013
Breach of Contract; Department of Energy Organization Act, Pub. L. No. 95-91 (1977); Implied Covenant of Good Faith and Fair Dealing; National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106 (1996); Naval Petroleum Reserves Production Act of 1976, Pub. L. No. 94-258 (1976); Privileged Documents; Reliance Damages; Sanctions for “Bad Faith” Conduct During Discovery; Pub. L. No. 105-261 (1998); RESTATEMENT (SECOND) OF CONTRACTS §§ 344(b) (Purposes of Remedies), 349 (Reliance Damages), 350 (Mitigation). Signed by Judge Braden.

12-224C • SERVICE DISABLED VETERAN OWNED SMALL BUSINESS NETWORK, INC. V. UNITED STATES OF AMERICA

Filed 05/06/2013
Subject matter jurisdiction; Bid protest; Standing; Tucker Act Signed by Judge Block.

13-87C & 13-91C • CGS ADMINISTRATORS, LLC, and PALMETTO GBA, LLC V. THE UNITED STATES

Filed 05/06/2013
Post-Award Bid Protest; Best Value Award Not Shown To Be Arbitrary, Capricious, an Abuse of Discretion, or Contrary to Law. Signed by Judge Bush.

12-863C and 12-883C • INSIGHT SYSTEMS CORP., and CENTERSCOPE TECHNOLOGIES, INC. V. THE UNITED STATES

Filed 05/06/2013
Pre-award bid protest; Cross-motions for judgment on the administrative record; Standard of review – Bannum; Proposals received by government mail server, but not forwarded to the next server in the government mail system, were covered by the Government Control exception to the “late is late” rule found in 48 C.F.R. § 52.212-1(f)(2)(i)(B); Plain meaning of regulation controls; Watterson Constr.; Specific/general canon of construction; Contrary GAO decisions rejected; Injunction issued. Signed by Judge Allegra.

11-201C • ROSS-HIME DESIGNS, INC. V. THE UNITED STATES

Filed 05/06/2013
Access to Information Developed Under Space Act Agreement; Right to Public Inspection Under Space Act; Protective Order Signed by Judge Hewitt.

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