In Cherokee Nation Technologies, LLC v. United States, the Bureau of Indian Affairs awarded an information technology services contract to Cherokee Nation Technologies. But the incumbent contractor, Chenega Federal Systems, LLC, filed a protest with the General Accounting Office, and the BIA ultimately responded by terminating the contract with Cherokee Nation and dismissing the bid protest.
On July 31, 2014, Senator Roger Wicker (R-MS), and co-sponsors, Senators John Cornyn (R-TX) and Jon Tester (D-MT), introduced a bipartisan bill “amending the prohibition on the exercise of jurisdiction by the United States Court of Federal Claims of certain claims pending in other courts.” That prohibition, 28 U.S.C. § 1500, deprives the U.S. Court of Federal Claims (CFC) of jurisdiction over claims that, when filed, are based on the same operative facts as claims pending in a district court. Both the American Bar Association and the Administrative Conference of the United States have recommended that Section 1500 be repealed. At its February 2013 mid-year meeting, the ABA passed Resolution 300, stating that “the American Bar Association urges Congress to repeal 28 U.S.C. § 1500 and replace it with a presumptive stay as recommended by the Administrative Conference of the United States.”