COFC Bid Protests

GOING TO COURT - The bid protest lawyers of BCTW regular practice before the U.S. Court of Federal Claims (COFC).  The COFC provides a more formal venue for government contract bid protests than the GAO.  A COFC protest is heard by a federal judge, includes multiple rounds of briefs, and oral arguments.

Choosing between the COFC and GAO depends upon the facts of your specific protest.  The reasons for protesting to the COFC generally include -

1. You lost your protest at the GAO and want to refile it at the COFC.
2. You need more discovery than may be available at the GAO.
3. Your protest would be untimely if filed at the GAO.
4. Case law at the COFC is more favorable than at the GAO.
5. The bid protest involves complex legal issues.

The reasons for protesting to the GAO generally include -

1. You want the automatic stay of award or contract performance that is available at the GAO.  
2. Costs are of utmost importance (GAO protests tend to cost less and there is a greater chance of recovering legal fees if your protest is sustained at the GAO).
3. You are protesting a task order.

At the COFC, the agency is represented by a U.S. Department of Justice lawyer.  Unlike at the GAO, companies must be represented by legal counsel to pursue a bid protest at the COFC.