Opinions

Late Friday and this morning, the Federal Circuit released a precedential opinion in a government contract case, a nonprecedential opinion in an employment case, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the links to the orders.

M.R. Pittman Group, LLC v. United States (Precedential)

M.R. Pittman Group, LLC appeals a decision of the United States Court of Federal Claims dismissing M.R. Pittman’s bid protest under Court of Federal Claims Rule 12(h)(3) for lack of subject matter jurisdiction. The Court of Federal Claims determined, pursuant to the Blue & Gold waiver rule, that M.R. Pittman waived its protest when it failed to object prior to the close of the bidding process. We hold that waiver under Blue & Gold does not deprive the Court of Federal Claims of subject matter jurisdiction, making dismissal of M.R. Pittman’s claim improper under Rule 12(h)(3). That error was harmless, however, because dismissal was proper under Court of Federal Claims Rule 12(b)(6). Consequently, we affirm.

Williams v. Department of Defense (Nonprecedential)

Eric Williams appeals from the final decision of the Merit Systems Protection Board (Board) denying his request for corrective action under the Veterans Employment Opportunities Act of 1998 (VEOA). For the following reasons, we reverse.

Dismissals