Court of Federal Claims

Jurisdiction

COFC has jurisdiction over objections to solicitation provisions, proposed awards, or the award of federal contracts under any procurement statute or regulation. Unlike GAO, COFC can award monetary damages including bid preparation costs and attorneys' fees in certain circumstances. COFC also has concurrent jurisdiction with district courts over pre-award protests. COFC can hear protests of any dollar value, including task order protests regardless of threshold.

Filing Deadline

No specific statutory deadline for post-award protests, but unreasonable delay (laches) can bar a claim. Pre-award protests must be filed before the proposal due date. In practice, protesters should file promptly upon learning the basis for protest. Courts have found delays of 60-90 days or more to be unreasonable in some circumstances, but there is no bright-line rule.

Decision Timeline

6-18 months for full proceedings with no statutory deadline. Temporary restraining orders (TROs) are typically decided within days. Preliminary injunction motions are decided within weeks to a few months. Expedited proceedings are available but at the court's discretion.

Authority

Tucker Act, 28 U.S.C. 1491(b); Administrative Dispute Resolution Act of 1996

Key Procedures

1. File a complaint with the Clerk of Court along with the $150 filing fee
2. If seeking to halt contract performance, file a motion for TRO or preliminary injunction
3. Court applies four-factor test: likelihood of success on the merits, irreparable harm, balance of hardships, and public interest
4. Discovery phase includes document production, interrogatories, depositions, and requests for admission
5. Parties submit dispositive motions (summary judgment) or proceed to trial
6. Trial includes live testimony, cross-examination, and presentation of exhibits
7. Court issues a written opinion with findings of fact and conclusions of law
8. Losing party may appeal to the U.S. Court of Appeals for the Federal Circuit within 60 days