Definition
COFC Protest Bid protest filed in the U.S. Court of Federal Claims with binding judicial authority.
Definition
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.
Also Known As
- Court of Federal Claims Protest
- Tucker Act Protest
Examples
Common Mistakes to Avoid
- ✕Assuming COFC process is similar to GAO (very different procedures)
- ✕Not engaging experienced government contracts litigation counsel
- ✕Underestimating the cost and complexity of federal court litigation
Who Should Know This Term
Government contracts attorneys, senior executives, contracts professionals
Official Source
28 U.S.C. 1491(b)
