Case law

Cms Contract Management Services v. United States

110 Fed. Cl. 537 · United States Court of Federal Claims · Apr 19, 2013

As the 1999 RFP clearly demonstrates, and no party contests, since the ACCs in question in this bid protest have been performance-based since the 1999 RFP, the Court will use the term “PBCAAs” throughout the remainder of … At some point not clearly established in the record, HUD received approval to extend the contracts for an additional ten years. Id. 272. B.

Framaco International, Inc. v. United States

119 Fed. Cl. 311 · United States Court of Federal Claims · Feb 11, 2015

Defendant indicated that “DOS has since dis-qualified Pernix Group.” … OBO found Framaco qualified previously under almost identical situations.

Demes v. United States

52 Fed. Cl. 365 · United States Court of Federal Claims · Apr 18, 2002

You also failed to establish the losses were of the type that would extend statute to seven (7) years. You also failed to establish that you had a loss of the type that would create a net operating loss. … In other words, plaintiffs do not dispute that their other losses do not qualify as bad debts. .

New Valley Corp. v. United States

34 Fed. Cl. 703 · United States Court of Federal Claims · Jan 5, 1996

Rather, the claim for judicial review must be dismissed, for failure to exhaust the administrative process established by the contract. See Lynch v. … Because a decision leaving a question open does not establish precedent on that issue, Gately v.

Compubahn, Inc. v. United States

40 Cont. Cas. Fed. 76,804 · United States Court of Federal Claims · Jul 21, 1995

Between May and September 1993, the DTTC received 2,453 proposals from a variety of qualified small businesses. Each proposal was earmarked for one of 28 topic categories. … Clearly, there existed a well-established basis from which a contractual decision could be made.

Son Broadcasting, Inc. v. United States

42 Fed. Cl. 532 · United States Court of Federal Claims · Dec 4, 1998

Such arguments clearly go to the heart of plaintiffs contract claim. B. … Sherwood, 312 U.S. 584, 590 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941) (waivers of sovereign immunity narrowly construed); Connolly v.

Tenaska Washington Partners, L.P. v. United States

34 Fed. Cl. 434 · United States Court of Federal Claims · Nov 9, 1995

Defendant must establish affirmatively a legal and contractual platform upon which arbitration may be compelled. … In fact, the qualifying language of the clause which requires continued performance might allow a court to grant injunctive relief without passing on the merits of the claim. Id. at 47 .

Fire-Trol Holdings, LLC v. United States

68 Fed. Cl. 281 · United States Court of Federal Claims · Oct 4, 2005

The IFB clearly stated that’ this contract was a full service contract, a contract that clearly required the successful bidder to supply the product. … The renewal will be established with the same terms and conditions AR 4133.

Kingdomware Technologies, Inc. v. United States

107 Fed. Cl. 226 · United States Court of Federal Claims · Nov 27, 2012

See 38 U.S.C. § 8127 (b), (c), and (d) (each qualifying its terms with the phrase “for purposes of meeting the goals of subsection (a)”). … As the government argues, the VAAR are silent as to the role of the FSS in relation to the set-aside program established by the 2006 Act.

Northern States Power Co. v. United States

78 Fed. Cl. 449 · United States Court of Federal Claims · Sep 26, 2007

And absent an express waiver of sovereign immunity, defendant concludes, there is no jurisdictional basis for plaintiffs demand for its cost of capital. … According to plaintiff, allowance of the former demands a waiver of sovereign immunity; the latter does not. In support of this argument, plaintiff relies upon the decision in Wickham Contracting Co. v.

Rhinocorps Ltd. v. United States

85 Fed. Cl. 712 · United States Court of Federal Claims · Jan 28, 2009

(FAR) § 52.219-6 (2000), setting aside acquisitions for qualifying small businesses. … The Federal Circuit has prescribed the factual showing that will qualify a protestor as an interested party. A plaintiff seeking to establish standing as an actual bidder must have bid or made an offer. Rex Serv.

Fesanco v. Secretary of Health & Human Services

99 Fed. Cl. 28 · United States Court of Federal Claims · May 16, 2011

Under these circumstances, a petitioner must establish causation in fact, ie., first, by establishing a prima facie case offering evidence of sufficient facts to establish each element of the claim and then by meeting a burden … To the contrary, the Government conceded that this case involves an ASD, and the medical records also clearly show several diagnoses of autism. Id.

Volpe v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 7, 2022

And this was manifested in B cells that were clearly in the plasmablast category, and they were transitioning to plasma cells producing lots of antibodies, and I believe that those autoantibodies were autoantibodies … Importantly, however, the robust immune responses to vaccination “[were] not accompanied by an increase in disease-specific serological immune responses.” (Id.)

Knowledge Connections, Inc. v. United States

76 Fed. Cl. 6 · United States Court of Federal Claims · Mar 28, 2007

In February 2005, responding to the president’s direction, GSA sent OMB a proposal to establish the VETS GWAC, which GSA • described as a “streamlined acquisition vehicle” through which GSA would “offer a pre-qualified group … It responded that “[i]t was necessary to establish substantive evaluation criteria to manage the high number of anticipated proposals, to ensure awards were made to offerors well qualified to perform the breadth of the work

Hannon v. United States

29 Fed. Cl. 142 · United States Court of Federal Claims · Aug 19, 1993

If a money mandating statute is found, no further waiver of sovereign immunity, beyond the Tucker Act, need be pled. Mitchell, 463 U.S. at 218 , 103 S.Ct. at 2968 ; Huston v. … Plaintiffs improperly cite to 28 U.S.C. §§ 1331 , 1346 and 5 U.S.C. § 702 as establishing proper jurisdiction in this court over their claims.

McGuire v. United States

97 Fed. Cl. 425 · United States Court of Federal Claims · Feb 18, 2011

Defendant moved to dismiss for lack of subject matter jurisdiction on sovereign immunity grounds. Id. … If the Ninth Circuit’s decision is clearly erroneous, it would be reversible error for the Court to let it stand. See, e.g., Rodriguez v.

Chapman v. United States

92 Fed. Cl. 570 · United States Court of Federal Claims · May 18, 2010

Chapman’s compulsive overeating diagnosis might be considered a “similar cause” even if did not qualify as a medical condition. … Clearly, if he meant the former, the statement is incorrect because Dr. Baltzer had in fact counseled Mi’.

Jackson v. United States

United States Court of Federal Claims · Sep 19, 2022

Cl. at 589 (“The certificate must clearly state or show” the requirements of section 2513 are met.). … Again, this is clearly not a certificate of innocence satisfying section 2513 as it relates to Plaintiff.

Nyabwa v. United States

130 Fed. Cl. 179 · United States Court of Federal Claims · Jan 6, 2017

According to defendant, plaintiff's deportation proceedings do not qualify as a conviction of a crime committed against the United States for which money damages are available under 28 U.S.C. § 2513. … Cl. 812, 813 (2015) ("To establish jurisdiction, however, a plaintiff seeking compensation under Section 1495 must also meet the requirements of 28 U.S.C. § 2513(a)(1).").

Weston v. United States

United States Court of Federal Claims · Sep 22, 2021

To invoke this court’s jurisdiction, plaintiff bears the burden of establishing by a preponderance of the evidence that her claims are based upon the Constitution, a statute, or a regulation that “can fairly be interpreted … Cir. 1994) (stating that the Internal Revenue Code “waives the United States’ sovereign immunity from refund suits, provided the taxpayer has previously filed a qualifying administrative refund claim”) (internal citation