Contract Disputes Act (CDA) Litigation, Bid Protests, and Federal Contracting Appeals
As Appellate Lawyers, We Help Government Contractors Nationwide and Overseas
The procurement legal system and US Court of Federal Claims (COFC) appellate court process can be intimidating and confusing. Many small businesses and large government contractors often find that the Federal Acquisition Regulations (FAR) may appear at first glance to favor the agency’s adverse decision.
However, a closer view of the facts may reveal that the contracting officer has committed legal error and made an unreasonable adverse decision against your company.
At Watson & Associates, LLC, our federal procurement and government contracting litigation lawyers represent small business and larger government contractors at the Federal Court of Claims located in Washington, D.C.
With locations in Washington, DC and Denver, Colorado our Court of Federal Claims appellate lawyers focus on government contracting cases to include appeals of SBA size protests to OHA; OHA decisions regarding the Ostensible Subcontractor; improper size determination appellate cases; SBA certificate of competency decisions. Our law firm also focuses on federal contracting appeal cases that involve the Contract Disputes Act (CDA appeals); government contract claims appeal to the Court of Federal Claims. When the contracting agency makes an adverse decision, feel free to contact us for immediate help.
Federal Procurement Appellate Attorneys
The United States Court Federal Claims (US Court of Claims or COFC) hears several types of cases. This is one of many appellate courts that can hear cases that include bid protests, Contract Disputes Act Claims, and appeals from various government agencies. Government contract cases by appellate courts are decided by administrative judges or at the COFC traditional federal judges. A person who is not satisfied with an appellate court decision can litigate the matter further at the U.S. Court of Appeals for the federal circuit.
At Watson & Associates, LLC our government procurement appellate attorneys litigate various types of cases. They include:
- Appeal from contracting officer’s final decision in Contract Disputes Act cases;
- Litigation of adverse GAO protest decisions
- Termination for Default appeals;
- Contract claims against the federal government;
- Request for Equitable Adjustments;
- Small business size protest or related decisions from OHA;
- Differing site conditions decisions
- Federal construction cases; and
- Government Contract bid protests
- Application of appellate rules
- Small business matters
TO AVOID COSTLY LEGAL MISTAKES GET A FREE INITIAL CONSULTATION TODAY. CALL 1-866-601-5518
US Court of Federal Claims Bid Protest Lawyers
We aggressively represent or defend bid protest cases for clients nationwide and overseas.
At Watson & Associates, our Court of Federal Claims bid protest lawyers help you to assess the merits of your case, review an adverse bid protest decision at the Government Accountability Office and if there is merit then we file a protest on your behalf. The Court can hear bid protest cases in two situations.
- Filing a new bid protest after GAO has ruled adversely
- Direct filing of the bid protest at the Federal Court of Claims
Our Court of Federal Claims bid protest attorneys represents both intervenors and protestors alike. We handle a wide variety of government contract protest disputes to include:
- Solicitation defects
- Unduly restrictive solicitations
- Lack of meaningful discussions
- Lowest price technically acceptable protests
- Sole source justification and awards
- Report of Late proposal submissions
- Source selection and meaningful discussions
- Undisclosed government estimates
- Past performance evaluation government contract protests
- Responsibility and ethics integrity issues
- Procurement fraud issues
- Best value and technical evaluations
- Price realism and reasonableness
- Bid protest and corrective action
- Technical proposal risk evaluations
- Best value and trade-offs
- CPARS Ratings
- COFC appeals to the Federal Circuit Court
- SBA certificate of competency disputes
FEDERAL COURT OF CLAIMS CONTRACT DISPUTES ACT APPEAL LAWYERS & CONTRACT CLAIMS APPEAL LITIGATION
When the contracting officer issues an adverse decision, you can appeal certain types of cases to the US Court of Federal Claims. If you have a dispute or have received an adverse decision from the contracting officer, our law firm can help. Many cases arise from the Contract Disputes Act. This includes terminations for default, denial of claims against the government, and other common cases. Our COFC appellate attorneys can help you to address such disputes.
COFC APPEALS – PLAINTIFFS OR INTERVENORS
When a case is filed in the Federal Claims Court sometimes our clients might have to intervene to protect their rights. Our appeal lawyers can help as intervenor attorneys by entering the case on your behalf and protecting what rights you have. When we serve in the capacity as bid protest intervenor lawyers, we do not assume that the government’s decision is always in your best interest. Instead, we look at the case with an eye towards finding where the protestor has not perfected its case or argument. When representing protestors, our appellate attorneys also understand that source selection decisions can be unreasonable and violate procurement law. We then look for arbitrary and capricious actions by the government.
Court of Federal Claims Jurisdiction
The United States Court of Federal Claims has subject matter jurisdiction over various types of claims against the federal government including, but not limited to, federal contract disputes, government contract bid protests, takings claims, tax refund suits, patent and copyright matters, Indian claims, civilian and military pay cases, and vaccine cases. When more than $10,000 is claimed, the Court of Federal Claims possesses exclusive jurisdiction in these cases pursuant to the Tucker Act, 28 USC 1491.
Commercial contract disputes with the federal government are governed by the Contract Disputes Act, 41 U.S.C. § 7101 et seq. (CDA). The court can hear cases involving contractor claims against the government or agency claims against the contractor. The court only hear cases from interested parties. If you are contemplating filing an appeal to the Court of Federal Claims, you want to make sure that there is a contracting officer’s final decision. This is critical to the court having jurisdiction.
Federal contractors can appeal the contracting officer’s final decision either by filing a direct action in the Court of Federal Claims or by appealing to a board of contract appeals. 41 USC 7104. Under 28 USC 1491(a)(2) (“The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under section 10(a)(1) of the Contract Disputes Act of 1978.”); see, e.g., Texas Health Choice, L.C. v. Office of Personnel Mgmt., 400 F.3d 895, 898-99 (Fed. Cir. 2005) (“The CDA exclusively governs Government contracts and Government contract disputes” and, “[w]hen the [CDA] applies, it provides the exclusive mechanism for dispute resolution.”)
INTERNATIONAL CLIENTS AND NATIONWIDE HELP FOR FEDERAL CONTRACTORS
US Court of Federal Claims Appeals Attorneys & Bid Protest Lawyers
When clients receive an unfavorable bid protest decision at the GAO, our COFC lawyers and government contract appellate attorneys will assess the merits of each protest, and advise our clients whether or not there is merit to filing a protest at the US Court of Federal Claims Washington DC. Even if there is no previous GAO decision, As Court of Federal Claims appeals and bid protest lawyers, we provide a thorough assessment merits and appellate jurisdiction disputes and Temporary Restraining Order (TRO) issues. We also make sure that our clients meet the interested party requirement assessments before filing a complaint.
We help by providing:
- Initial review and analysis: Assessing the merits of the bid protest case, and give legal advice as to whether there is a plausible reason to file a protest or whether the Court has jurisdiction to hear your case.
- Appellate briefs that articulate error by the government
- Drafting notice of appeal to the court and agency
- A legal and factual basis for presenting your protest to the US Federal Court of Claims: Without this level of assessment, the agency / DOJ will move to dismiss the case.
- Legal authority and case law to support your case: Part of presenting a strong bid protest or meeting the legal protest definition before the COFC, federal contractors must also determine whether there are sufficient case law and legal authority to support filing the protest at the Court of Federal Claims. These steps are essential to developing a strong appellate brief.
RESPONDING TO AGENCY MOTIONS AND APPELLATE BRIEFS
The COFC decisions and bid protest process can be daunting. The Department of Justice, and by its entry of appearance, files appellate briefs and motions to the Court. To withstand the agency’s aggression, our appellate attorneys will provide solid advocacy on your behalf.
In large-scale and high-risk contract awards, our bid protest law firm forms an effective legal team that can get to the legal issues and aggressively files or intervenes on behalf of our clients.
At Watson & Associates, our litigation and government contract appellate attorneys guide contractors from beginning through the appeal stages of government contract claims disputes at the US Court of Federal Claims Appeals Court.
TERMINATION FOR DEFAULT APPEALS TO COFC
When a government contracting agency issues a termination for default, clients engage Watson & Associates’ law firm to pursue termination for default appeals to the COFC. We understand the various nuances of the FAR termination for default and convenience clauses and have gained successful results for our clients.
APPEAL OF COFC DECISION TO THE US COURT OF APPEALS FOR THE FEDERAL CIRCUIT
A person who loses a decision in the Court of Federal Claims may appeal the decision to the U.S. Court of Appeals for the Federal Circuit. At Watson & Associates, LLC we represent federal contracts in COFC bid protest appeals to the Federal Circuit Court.
CALL OUR COURT OF FEDERAL CLAIMS LITIGATION & APPELLATE ATTORNEYS
To increase your chances of winning appellate litigation and appeals with Federal Court of Claims decisions, make sure that you are an interested party, the COFC has subject matter jurisdiction to hear your case, or appeal of a contract dispute decision from the contracting officer, call our US Court of Federal Claims Appeals and Washington DC Bid Protest Lawyers & Contractor Disputes and appellate attorneys at 1-866-601-5518. FREE INITIAL CONSULTATION.