COFC Protest

A COFC protest is a bid protest filed in the United States Court of Federal Claims, which has jurisdiction over procurement protests under the Tucker Act (28 U.S.C. 1491(b)). Unlike GAO protests, COFC proceedings are judicial in nature with discovery, evidentiary hearings, and legally binding decisions. COFC protests do not trigger an automatic stay, but the court may issue a preliminary injunction if the protester demonstrates likelihood of success and irreparable harm. COFC is often used for high-stakes procurements, protests involving complex legal issues, or when protesters want binding judicial precedent. The court can award bid preparation costs and proposal costs to successful protesters. COFC decisions can be appealed to the Court of Appeals for the Federal Circuit.