U.S. Court of Federal Claims
The U.S. Court of Federal Claims is a national trial court in Washington, D.C. that hears most claims for money against the United States. For government contractors, it is one of the most important forums for resolving disputes. We litigate there on behalf of contractors of every size.
Cases we handle at the Court
- Contract Disputes Act suits challenging a contracting officer's final decision
- Pre-award and post-award bid protests
- Claims for breach of contract, including breach of implied contracts
- Termination for default and termination for convenience disputes
- Government counterclaims, including fraud and False Claims Act allegations
Choosing the Court
Under the Contract Disputes Act, a contractor that receives an adverse final decision may file suit in the Court within 12 months, instead of appealing to a board of contract appeals within 90 days. That choice is binding, so it should be made carefully. The Court reviews claims de novo, follows the Rules of the Court of Federal Claims, and the government is represented by the Department of Justice. Decisions may be appealed to the U.S. Court of Appeals for the Federal Circuit.
In bid protests, the Court can develop a more complete record than GAO and can grant injunctive relief. There is no strict filing deadline, but objections to the terms of a solicitation generally must be raised before award, and delay can weaken a request for relief.
Related
To discuss a case at the Court of Federal Claims, call 703.448.1810.
How a case moves through the Court
A Contract Disputes Act suit begins with a complaint filed within 12 months after the contracting officer's final decision. The Department of Justice answers for the government, and the case proceeds much like federal civil litigation, with discovery, motions and, if needed, a trial before a single judge. The Court decides the claim de novo, meaning it gives no deference to the contracting officer's findings. Either side may appeal to the U.S. Court of Appeals for the Federal Circuit.
A bid protest moves faster. The agency files the administrative record, usually within days or weeks, and the parties file cross-motions for judgment on that record. Counsel admitted under a protective order may review competitors' proposals and the evaluation. The Court can issue a temporary restraining order or preliminary injunction to stop performance while it decides the case, but nothing stops performance automatically, unlike a timely GAO protest.
When the Court is the better forum
- The contract is valuable enough to justify fuller litigation
- GAO dismissed or denied a protest and the issues deserve a judge's review
- The issue falls outside GAO's jurisdiction or GAO's deadlines have passed
- A claim involves complex facts that benefit from discovery and testimony
- The government has asserted fraud or False Claims Act counterclaims
Questions clients ask
How long do I have to file a Contract Disputes Act case at the Court of Federal Claims? Twelve months from receipt of the contracting officer's final decision. If you appeal to a board of contract appeals instead, you have 90 days, and once you choose a forum you generally cannot switch.
Is there a deadline for a bid protest at the Court of Federal Claims? There is no fixed number of days. But problems with the solicitation must be raised before award, and waiting can weaken a request to stop performance, so it is best to file promptly.
Does filing at the Court stop the contract from being performed? No. You must ask the Court for a temporary restraining order or preliminary injunction, though agencies sometimes agree to a voluntary stay while the case is briefed.
Who represents the government? Trial attorneys from the Department of Justice's Commercial Litigation Branch, usually working with agency counsel.
Related reading: Got a Contracting Officer's Final Decision? The Clock Is Running
