Despite the fact that the U.S. Court of Federal Claims (COFC) has concurrent jurisdiction with the U.S. Government Accountability Office (GAO) over the vast majority of federal bid protests, GAO is the primary forum utilized by protesters—and by a wide margin. GAO handles approximately twenty-five times as many protests per year as the COFC. While GAO does have certain advantages that attract protesters to that forum, this wide margin is likely less a result of the actual advantages provided to protesters in that forum and more a result of the misconceptions and lack of familiarity with the COFC protest process and the advantages of that forum. This article sheds light on the bid protest process at the COFC, providing a guide on protest practice and procedure at that forum.
Read Adam Lasky’s full article that appeared in the Winter 2018 edition of the ABA Forum on Construction Law’s journal The Construction Lawyer by clicking here.