Us Court Of Federal Claims News

A recent precedent-setting U.S. Court of Federal Claims decision will result in more opportunities for contractors to bid on federal government procurement projects, according to LeClairRyan shareholder Thomas A. Coulter, who represented two software companies that claimed they were unfairly denied the right to compete for a large project under federal procurement laws. "The May 2 decision by the U.S. Court of Federal Claims broke new ground in two areas," reported Coulter, who works in the firm's Richmond, Va. and Alexandria, Va. offices and heads the firm's Government Contracts practice area team. "This is the first time that the right…

The U.S. Court of Federal Claims ruled on December 21, 2001 that the double hull requirement of the Oil Pollution Act of 1990 ("OPA") does not constitute a "taking" of Maritrans' petroleum barges. Maritrans is currently evaluating whether to take an appeal. OPA prohibits existing single-hull tank vessels from continuing operation through their useful life, mandating a phase-out schedule over a period of years. In 1996, Maritrans filed a lawsuit alleging that the forced retirement of its predominantly single-hulled vessel fleet represents a "taking" under the Fifth Amendment of the United States Constitution, which prohibits the taking of property by the government without just compensation.

The U.S. Court of Federal Claims ruled on December 21, 2001 that the double hull requirement of the Oil Pollution Act of 1990 ("OPA") does not constitute a "taking" of Maritrans' petroleum barges. Maritrans is currently evaluating whether to take an appeal. OPA prohibits existing single-hull tank vessels from continuing operation through their useful life, mandating a phase-out schedule over a period of years. In 1996, Maritrans filed a lawsuit alleging that the forced retirement of its predominantly single-hulled vessel fleet represents a "taking" under the Fifth Amendment of the United States Constitution, which prohibits the taking of property by the government without just compensation.

Chevron, Conoco and Murphy Exploration & Production filed a lawsuit against the U.S. government for denying the companies' "timely and fair review" of plans, permits and an appeal concerning and lively natural gas field in the eastern Gulf of Mexico. The company trio is partners in a proposed natural gas development project focused on federal offshore leases in the Destin Dome 56 Field, 25 miles south of Pensacola, Fla. The U.S. Department of Energy cites that the field is comprised of potential reserves at up to 2.6 trillion cu. ft. of natural gas. The complaint, which was filed in the U.S. Court of Federal Claims, alleges that the U.S. government delayed and ultimately blocked the partners from developing the field.

Tampa Bay Shipbuilding & Repair Company was recently chosen by Maritrans Operating Partners L.P., a subsidiary of Maritrans, Inc., to retro-fit the company's second single-hull vessel, Ocean 244, to meet the requirements of OPA 90, through double-hull conversion. Tampa Bay Shipbuilding & Repair Company will utilize the same Maritrans innovative CAD and manufacturing process (patent pending by Maritrans) used on Tampa's first conversion of Maritrans 192 (former Ocean 192). "We've earned the importance of internal measurement [since the first conversion]," says Tom Hagner, double hull program manager for Maritrans. "As a result, we'lll be pre-fabricating modules in October…

The U.S. Court of Federal Claims in Washington, D.C. has granted the Stratos protest of a five-year U.S. Navy SPAWAR (Space and Naval Warfare) Inmarsat lease contract award to Comsat. The court ruled the contract awarded this past June was legally invalid, and required the U.S. Navy to retender its request for proposal for the five-year $111.9 million contract. The Court directed the Navy to conclude the recompetition by January 28, 2000. Stratos won phase one of the SPAWAR contract in August of 1998, and provided full-time Inmarsat-B 64 Kbps service to all deployed vessels in support of the Chief of Naval Operations' Information Technology for the 21st Century (IT-21) Project through July, 1999. IT-21 provides for the rapid exchange of information between Naval as well as Joint forces.

The U.S. Court of Federal Claims in Washington, D.C. has granted the Stratos protest of a five-year U.S. Navy SPAWAR (Space and Naval Warfare) Inmarsat lease contract award to Comsat. The court ruled the contract awarded this past June was legally invalid, and required the U.S. Navy to retender its request for proposal for the five-year $111.9 million contract. The Court directed the Navy to conclude the recompetition by January 28, 2000. Stratos won phase one of the SPAWAR contract in August of 1998, and provided full-time Inmarsat-B 64 Kbps service to all deployed vessels in support of the Chief of Naval Operations' Information Technology for the 21st Century (IT-21) Project through July, 1999. IT-21 provides for the rapid exchange of information between Naval as well as Joint forces.