MEMORANDUM OPINION AND FINAL ORDER 1 SUSAN G. BRADEN, District Judge. On July 26, 2010, Bannum, Inc., ("Bannum") filed a post-award bid protest in the United States Court of Federal Claims challenging the April 6, 2010 award of a contract by the Federal Bureau of Prisons ("BOP") to Dismas Charities, Inc. ("Dismas") to provide a Residential Reentry Center, or a halfway house ("RRC" or "facility"), and services ("RRC services") for federal offenders in Savannah, Georgia. To facilitate a...
OPINION AND ORDER CHARLES LETTOW, Judge. This case arises under the Indian Tucker Act, 28 U.S.C. 1505, and comes before the court for proceedings on remand from the Court of Appeals for the Federal Circuit after that court's decision on an interlocutory appeal of questions certified by this court. See Wolfchild v. United States, 559 F.3d 1228 (Fed. Cir. 2009) (" Wolfchild VI "), cert. denied, 130 S.Ct. 2090 (2010). The issues on remand are complex, reflecting both the convoluted and...
MEMORANDUM OPINION AND FINAL ORDER SUSAN G. BRADEN, Judge. On July 26, 2010, Bannum, Inc., ("Bannum") filed a post-award bid protest in the United States Court of Federal Claims challenging the April 6, 2010 award of a contract by the Federal Bureau of Prisons ("BOP") to Dismas Charities, Inc. ("Dismas") to provide a Residential Reentry Center, or a halfway house ("RRC" or "facility"), and services ("RRC services") for federal offenders in Savannah, Georgia. To facilitate a review of this...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS MARY ELLEN COSTER WILLIAMS, Judge. Plaintiff, 120 Delaware Avenue, LLC ("120 Delaware"), brings this action against the United States, seeking compensation for a Fifth Amendment taking by inverse condemnation. Plaintiff claims that the United States Army Corps of Engineers ("Corps") served its tenants with an official 90-Day Notice to Vacate its building but ultimately did not condemn the property until months later. According to...
MEMORANDUM OPINION AND FINAL ORDER SUSAN G. BRADEN, District Judge. I. RELEVANT FACTS. 1 The Marine Corps Exchange ("MCX") is a division of the United States Marine Corps Community Services ("MCCS"). 5/21/10 Ide Dec. 1. MCX sells "discounted merchandise to military personnel and their family members, retirees, and other authorized patrons" in retail stores and over the internet. Compl. 2. In 2004, the MCCS decided to centralize and coordinate MCX freight management by issuing a Request...
OPINION AND ORDER CHARLES F. LETTOW, District Judge. This case concerns an alleged taking by the government of property for public use without providing just compensation to the property owner. After levees were damaged by Hurricane Katrina, the United States Army Corps of Engineers ("Corps") needed relatively impermeable clay to effect repairs to the levees. The Corps identified suitable deposits of clay in Mississippi and southern Louisiana, and, respecting one such deposit in southern...
OPINION AND ORDER MARGARET M. SWEENEY, Judge. Before the court in this post-award bid protest is defendant's motion to dismiss. Plaintiff Joyce Terry, doing business as Shirt Shack, alleges that the Army and Air Force Exchange Service ("AAFES") unlawfully awarded a concession contract at Fort Benning in Columbus, Georgia to a concessionaire that purportedly did not satisfy certain requirements set forth in the solicitation. Plaintiff also brings a claim under the Contract Disputes Act of...
OPINION AND ORDER GEORGE W. MILLER, Judge. In this post-award bid protest, plaintiff Harris Patriot Healthcare Solutions, LLC ("Harris") filed its complaint on October 18, 2010, protesting defendant's failure to immediately comply with the automatic stay imposed by the Competition in Contracting Act ("CICA"), 31 U.S.C. 3553(d) (2006). Plaintiff sought to enjoin the Department of the Interior ("DOI") from permitting defendant-intervenor Stanley Associates, Inc. ("Stanley") to continue work...
OPINION and ORDER LAWRENCE J. BLOCK, Judge. On July 23, 2009, plaintiff, PlanetSpace Inc. ("PlanetSpace"), filed this post-award bid protest, alleging six counts of error in a negotiated procurement by the National Aeronautics and Space Administration ("NASA") for cargo transportation services to the International Space Station ("ISS"). The procurement concluded with NASA's decision to award contracts to the two intervenors, Space Exploration Technologies Corporation ("Space-X") and...
OPINION AND ORDER EMILY C. HEWITT, Chief Judge. Before the court are Defendant's Motion for Leave to File Status Report, Docket Number (Dkt. No.) 48, filed on October 7, 2010; Defendant's Status Report, Dkt. No. 48-1, filed on October 7, 2010; Matt Martin Real Estate Management LLC's Response to Defendant's Motion for Leave to File Status Report and Defendant's Status Report (Matt Martin Status Report), Dkt. No. 49, filed on October 8, 2010; Matt Martin Real Estate Management LLC's...
OPINION AND ORDER THOMAS C. WHEELER, Judge. This case involves performance disputes stemming from a road construction contract between Plaintiff Delhur Industries, Inc. ("Delhur") and the United States Department of Transportation, Federal Highway Administration ("FHWA"). Delhur is an experienced construction contractor based in the state of Washington. The project at issue is located in the Lincoln National Forest near Alamogordo, New Mexico. Although the stretch of road to be constructed...
MEMORANDUM OPINION ENTERING TEMPORARY RESTRAINING ORDER MARY ELLEN COSTER WILLIAMS, Judge. This post-award protest comes before the Court on Plaintiff's application for a temporary restraining order ("TRO") and on Defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. 1 This protest concerns a procurement by the General Services Administration ("GSA") and the Committee for Purchase From People Who Are Blind or...
MEMORANDUM OPINION AND ORDER CHRISTINE ODELL COOK MILLER, Judge. This spent nuclear fuel ("SNF") case is before the court after trial and post-trial briefing. Plaintiffs, three utility companies, are joint owners of the Wolf Creek Nuclear Operating Corporation, which operates the Wolf Creek Generating Station ("Wolf Creek"), a single-unit nuclear reactor located in Coffey County, Kansas. Transcript of Proceedings at 902, Kansas Gas & Electric Co., et al. v. United States , No. 04-99C (Fed....
OPINION AND ORDER THOMAS C. WHEELER, Judge. Currently before the Court is Defendant's motion to dismiss Plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. Plaintiff asserts that this Court has jurisdiction pursuant to the Tucker Act, and that his claim arises under the Federal Employees' Compensation Act ("FECA") (5 U.S.C. 8101 et seq. ) and the due process clause of the Fifth Amendment. Plaintiff alleges that...
MEMORANDUM OPINION AND FINAL ORDER SUSAN D. BRADEN, Judge. I. RELEVANT FACTS. 1 In 1974, the Department of Housing and Urban Development ("HUD") authorized Restoration Investors, L.P. ("Restoration Investors"), through its general partner Pyramidwest Realty and Management, Inc. ("Pyramidwest"), to manage a number of apartments for lower-income families that were owned by HUD in Chicago. Compl. 19. Restoration Investors and Pyramidwest successfully managed these properties until 1980. Id....
