Protest at the U.S. Court of Federal Claims
Protests at the U.S. Court of Federal Claims must follow the court’s own rules, not the FAR, so contractors must consult the court’s procedures directly.
Overview
FAR 33.105 addresses the process for filing protests at the U.S. Court of Federal Claims (COFC). Rather than specifying detailed procedures within the FAR, this section directs contracting professionals to the official rules of the COFC, which govern how protests are filed, processed, and adjudicated. The rules are available on the court’s website and provide comprehensive guidance on timelines, documentation, and legal requirements for pursuing a protest at this judicial forum. This section serves as a bridge between the FAR protest process and the judicial process at the COFC, ensuring that contractors and agencies know where to find authoritative procedures for court-based protests.
Key Rules
- Reference to COFC Rules
- Protests at the U.S. Court of Federal Claims must follow the court’s own rules, not procedures set forth in the FAR.
- Access to Rules
- The rules for filing and managing protests at the COFC are publicly available online at the court’s official website.
Responsibilities
- Contracting Officers: Must be aware that protests at the COFC are governed by court rules and may need to coordinate with legal counsel.
- Contractors: Must follow the COFC’s rules and procedures when filing a protest, including deadlines and documentation requirements.
- Agencies: Should be prepared to respond to protests in accordance with COFC procedures and may need to provide records or testimony as required by the court.
Practical Implications
- This section exists to clarify that the FAR does not control the protest process at the COFC; the court’s rules do.
- Contractors must consult the COFC rules for specific requirements, timelines, and procedures, as failure to comply can result in dismissal of the protest.
- Common pitfalls include missing filing deadlines or failing to submit required documentation as specified by the court’s rules.