Case law

Govwave, LLC v. United States

United States Court of Federal Claims · Feb 27, 2025

The RFP will clearly note what requirements are considered matters of strict compliance and also will clearly note that offerors deemed non-compliant will not be further evaluated or considered for award. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

Sterling Savings Ass'n v. United States

80 Fed. Cl. 497 · United States Court of Federal Claims · Feb 19, 2008

Sterling established two subsidiaries to expand the scope of its services. … Among other things, FIR-REA established new capital requirements.

McCollum v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2018

history/narcolepsy-flu.html (last visited December 20, 2017). 25 Adjuvant is defined as “assisting or aiding; a substance that aids another, such as an auxiliary remedy; in immunology, a nonspecific stimulator of the immune … The Special Master has clearly “considered the relevant evidence of record, drawn plausible inferences and articulated a rational basis for the decision.” Hines, 940 F.2d at 1528.

Bannum, Inc. v. United States

96 Fed. Cl. 364 · United States Court of Federal Claims · Dec 28, 2010

The purpose of the RFI was to determine whether “qualified sources” would be able to meet the BOP’s requirements. Id. … Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government.

RCD Cleaning Service, Inc. v. United States

97 Fed. Cl. 602 · United States Court of Federal Claims · Apr 13, 2011

To qualify for federal contracts set aside for the HUBZone program, this requirement must be met both on the day a proposal is submitted and on the day the contract is awarded. … Some RCD employees did not meet the minimum hours-worked criteria to qualify as employees for HUBZone purposes.

McCarthy v. United States

United States Court of Federal Claims · Nov 18, 2022

. § 8422(e)(1)(A).1 A federal employee can have their qualifying 1 Mr. McCarthy’s complaint is unclear as to whether he retired under the Civil Service Retirement System (“CSRS”) or the FERS. … DIETZ, Judge pension benefits without any supporting factual allegations is not sufficient to establish jurisdiction, which must be established by the plaintiff by a preponderance of the evidence. See Caesar v.

Carlisle v. United States

66 Fed. Cl. 627 · United States Court of Federal Claims · Jul 22, 2005

Accordingly, it would appear that plaintiffs claim on this issue lies, if at all, 3 within the exclusive review mechanism established by Congress for the denial of veteran’s benefits. … was unfit for recruiting duties it would have appeared that the original relief action would have been pursued and he would not have been allowed to remain in a recruiter capacity through May 1998.” 8 The first Board thus clearly

Southern California Federal Savings & Loan Ass'n v. United States

52 Fed. Cl. 531 · United States Court of Federal Claims · May 10, 2002

FIRREA established three new minimum capital standards: “tangible” capital, “core” capital, and “risk-based” capital. 12 U.S.C. § 1464 (t). … The process also established what was designed to be an expedited method for resolving liability issues.

Vsolvit, LLC. v. United States

United States Court of Federal Claims · Jun 7, 2023

Evaluation Team (“TET”) determined that because VSolvit’s quote did not meet the threshold of having at least a satisfactory confidence rating in the Technical factor, it “[did] not meet the minimum threshold of being a vender qualified … ensure accountability “at the team, program, and solution level,” was “report[ing] weekly and monthly in our status reports,” AR 775; that it would work with Product Owners (“PO”) “to capture, decompose, clarify, and qualify

Mark S. Rasmuson and Brenda S. Rasmuson, Husband and Wife v. United States

109 Fed. Cl. 267 · United States Court of Federal Claims · Feb 8, 2013

The plaintiffs must establish three basic elements to prove a “taking” in a Trails Act case. First, the plaintiffs must establish that they owned the relevant property on the date of the taking. Preseault v. … Clearly the purpose of the easement is for rail purposes. As such, issuance of the NITU, blocked plaintiffs’ reversionary rights in that portion of the corridor.

Highmark, Inc. v. United States

78 Fed. Cl. 146 · United States Court of Federal Claims · Aug 22, 2007

First, the statute clearly says that the adjusted basis applies to “any asset” a Blue Cross or Blue Shield organization held on January 1, 1987. … The last issue is whether the termination or cancellation of these health care contracts qualifies as a loss under the Fresh Start Basis Rule.

Kamppi v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 24, 2019

In attempting to establish entitlement to a Vaccine Program award of compensation for a non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Special masters in the Program have not awarded compensation when onset occurs more than two months after vaccination because it is not medically plausible for the immune response that is a central component of the autoimmune

Ceradyne, Inc. v. United States

103 Fed. Cl. 1 · United States Court of Federal Claims · Jan 17, 2012

Dismissal for Lack of Jurisdiction Pursuant to RCFC 12(b)(1), the plaintiff bears the burden of establishing subject matter jurisdiction, Alder Terrace, Inc. v. … Id.; Distributed Solutions, 539 F.3d at 1346 (“adding work to an existing contract that is clearly within the scope of the contract does not raise a viable protest under § 1491(b)(1)”).

Schoenborn v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 29, 2024

I can discern a slight difference in the immunizer’s signature on the two forms. … Such a difference might be 8 explained by the poor quality of the fax from CVS, or by the immunizer completing two copies of the form.

Salmins v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 21, 2014

Petitioner cannot establish entitlement to compensation based solely on her assertions. … system”); see also Pet’r’s Ex. 22, Tab JJJ,24 at 308 (molecular mimicry is “an immune response to an infectious organism [that] results in immune attack on an epitope shared by the organism and nerve fibers”).

Confederated Tribes and Bands of the Yakama Nation v. United States

United States Court of Federal Claims · May 28, 2021

The Court observed “[b]ecause the statutes and regulations at issue in this case clearly establish fiduciary obligations of the government in the management and operation of Indian lands and resources, they can fairly be … The government points to this language as showing “that Mitchell II does not establish that the Supreme Court has concluded certain statutes and regulations clearly establish fiduciary obligations.” Tr. at 63:5– 10.

CEMS, Inc. v. United States

65 Fed. Cl. 473 · United States Court of Federal Claims · Apr 22, 2005

Because EAJA constitutes a “partial waiver of sovereign immunity,” the statute is to be “strictly construed in favor of the United States,” Ardes-tani v. … Clearly, the contracting officer in this case was justified in seeking the assistance of a former contracting officer, or other qualified advisors, given the extensive and detailed nature of the claims.

Colonial Press International, Inc. v. United States

United States Court of Federal Claims · Dec 3, 2013

According to the PPR, the maximum number of employees that a commercial printing business may employ and still qualify as a small business is 500. … Regarding 28 U.S.C. § 451, the Federal Circuit held that: “Neither the statutory text surrounding the word ‘context’ in 28 U.S.C. § 451 nor the text of any related congressional act clearly indicates that ‘agency’ was not

Meyer Group, Ltd. v. United States

121 Fed. Cl. 105 · United States Court of Federal Claims · Apr 30, 2015

This provision would clearly contradict Defendant’s proposed construction that the Agreement abruptly ended upon consummation of a single initial lease. … “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v.

Scharfenberger v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 5, 2015

Sept. 30, 2014) (interim attorney’s fee application for an ongoing flu/multiple sclerosis and immune deficiency claim). … Oct. 14, 2011). 11 As with his overall burden in establishing the reasonableness of his fee request, Mr. Scharfenberger must therefore establish what rate his counsel should receive.