Contract Disputes Act Appeals & COFC Bid Protests
The procurement legal system and Court of Federal Claims (COFC) appellate courts process can be intimidating and confusing. Many small businesses and large DOD contractors often find that the Federal Acquisition Regulations (FAR) may appear at first glance to favor the agency’s adverse decision. Frequently, when the contracting officer’s or agency decision is examined by skilled Federal Court of Claims lawyer or bid protest attorney, potential causes of your inappropriate and unlawful decision are uncovered.
Procurement Appellate Attorneys for Federal Claims Court – COFC Types of Cases
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 here 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
TO AVOID MISTAKES WITH FEDERAL CLAIMS COURT RULES, GET A FREE INITIAL CONSULTATION TODAY. CALL 1-866-601-5518
Court of Federal Claims Bid Protests
The Court can hear bid protest cases in two situations.
- Filing a new bid protests after GAO has ruled adversely
- Direct filing of the bid protest at the COFC
Our bid protest lawyers represent COFC intervenors and protestors alike. We handle a wide variety of government contract protest disputes to include:
- Solicitation defects
- Unduly restrictive solicitations
- Buy American Act disputes
- Lack of meaningful discussions
- Lowest price technically acceptable protests
- Sole source justification and awards
- Task and delivery order contracts
- 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
Contract Disputes Act Claims Appeals
When the contracting officer issues an adverse decision, you can appeal certain types of cases to the US Court of Claims. Many cases arise from the Contract Disputes Act. This includes terminations for default, denial of a claims against the government, and other common cases. Our COFC appellate attorneys can help you to address such disputes.
Do Have a Valid Contract Disputes Act (CDA) Claim?
Whether you are appealing the contracting officer’s denial of your claim or you are appealing a lower court’s adverse decision against your company, the ultimate issue usually turns to whether you had submitted a valid claim under the CDA.
Under the CDA, your company must submit a “valid claim,” which is defined as a :
Demand seeking “as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.” M. Maropakis, 609 F.3d at 1327 (quoting 48 CFR 33.2013).
The Contract Disputes Act does not provide a legal cause of action to which money damages may accrue; it is the claim asserted pursuant to the CDA that is the source of potential damages and review by the trier of fact. See Northrop Grumman Computing Sys., Inc. v. United States, 709 F.3d 1107, 1112 (Fed. Cir. 2013) (explaining the prerequisites for a valid claim brought under the CDA, which is a jurisdictional requirement to obtain relief).
COURT OF FEDERAL CLAIMS 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.
NATIONWIDE HELP WITH US COURT OF CLAIMS LITIGATION RULES AND LITIGATION
US Court of Federal Claims Appeals Attorneys & Bid Protest Lawyers
When clients receive an unfavorable bid protest decision at the GAO, our United States Federal Court of Claims lawyers and appeals 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 Federal Court of 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 Protestant 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 is sufficient case law and legal authority to support filing the protest at the Court of Federal Claims. These steps are essential to developing 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 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 intervene 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 at the Federal Court of Claims
When a government contracting agency issues a termination for default, clients engage Watson & Associates’ law firm to pursue a termination for default appeal 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.
Appealing Your COFC Decision to the 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 Federal Court of Claims 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 Washington DC Bid Protest Lawyers & Contractor Disputes and appellate attorneys at 1-866-601-5518. FREE INITIAL CONSULTATION.