Court of Federal Claims

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Seventh Commandment of Government Contracting: Thou shalt avoid hostility

For someone coming into Government contracting for the first time, one of the most difficult things to understand is the role that protests and disputes play in the Government contracting world. In the commercial sector, the...more

Court Weighs in on Deadline for Filing FTC Refund Claims

On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds based on foreign tax...more

FDA Outbreak Response Is Not a Constitutional Taking

Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by...more

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Task Order Protests: The Trek Toward Clarity On The Court of Federal Claims’ Jurisdiction

The United States Court of Federal Claims’ July 18, 2014 decision in Orbis Sibro, Inc. v. United States, represents one of the few straightforward decisions by the court in recent months relating to the court’s subject matter...more

Limited Remedies For Concession-Contract Protesters

In a pair of recent decisions, the U.S. Court of Federal Claims clarified the source of its jurisdiction over bid protest actions that involve pure concession contracts as well as the scope of potential relief available to...more

CFC Begins Charging Administrative Fee to File a Civil Action

The U.S. Court of Federal Claims has amended its Fee Schedule, effective May 1, 2013. The change is being made to implement a new $50 administrative fee when filing a civil action, suit or proceeding....more

President Obama Nominates Campbell-Smith and Kaplan to Serve on U.S. Court of Federal Claims

Patricia E. Campbell-Smith and Elaine D. Kaplan were nominated on March 19, 2013 to serve on the U.S. Court of Federal Claims by President Obama. ...more

What Are Congressional References and How do They Work?

Unique among federal courts, the U.S. Court of Federal Claims has jurisdiction to render findings of fact and conclusions of law on individual claims brought before Congress. The process by which one house of Congress by...more

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