U.S. Court of Federal Claims (COFC)

Posted March 18, 2025

No Preselection Here: Court of Federal Claims Rejects Blue Water Thinking’s Protest

In Blue Water Thinking, LLC v. United States, U.S. Court of Federal Claims, No. 24-1641C (March 11, 2025), Blue Water Thinking (BWT) protested a decision by the Department of Veterans Affairs (VA) to award a Program Support Integration (PSI) contract to GoldPath Communications JV, LLC (GoldPath). BWT argued that: (1) the VA’s best-value trade-off analysis was flawed; (2) GoldPath had an organizational conflict of interest (OCI); (3) the contracting officer preselected GoldPath before conducting the trade-off analysis; and (4) the VA breached its duty to consider proposals fairly.

Posted March 12, 2025

GAO vs. Court of Federal Claims: Where Should You File Your Bid Protest?

by Matt Carter

Matt Carter

GAOvsUSCoFC_logos-300x169 When a government contractor files a bid protest, choosing the right forum can significantly impact the outcome. The Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) are the two primary venues, each with distinct advantages and disadvantages. This post breaks down the key differences to help contractors make an informed decision.

Posted March 11, 2025

No Discussion Needed: Court of Federal Claims Dismisses Bid Protest in Helicopter Training Case

by Matt Carter

Matt Carter

In System Studies & Simulation, Inc. v. United States, U.S. Court of Federal Claims, Nos. 24-1429, et al. (March 4, 2025), three disappointed offerors, including System Studies & Simulation (S3), protested the U.S. Army’s decision not to conduct discussions before awarding a contract for Advanced Helicopter Flight Training Support (AHFTS) services. The protesters argued that the Army violated Defense Federal Acquisition Regulation Supplement (DFARS) § 215.306(c), which states that discussions “should” be held for procurements over $100 million.

Posted March 5, 2025

COFC Claims Its Turf: Court Affirms Jurisdiction Over OTA Protests

by Matt Carter

Matt Carter

Raytheon Company v. United States, U.S. Court of Federal Claims, No. 24-1824C (Feb. 24, 2025) addresses a long-standing legal gray area: Can the Court of Federal Claims (COFC) hear bid protests involving Other Transaction Agreements (OTAs)? In Raytheon v. United States, the Court ruled definitively: Yes, it can. This landmark decision confirms that the Court is the de facto forum for bid protests challenging Department of Defense (DoD) OTA decisions—at least where the agency is pursuing products or services for its direct benefit.

Posted March 3, 2025

Bid Protest Deadlines and Pitfalls: What You Need to Know

by Matt Carter

Matt Carter

When filing a bid protest, timing is everything. Missing a deadline can be fatal to your case, even if your claims are otherwise strong. This post breaks down critical bid protest deadlines and common timing pitfalls to help contractors avoid costly mistakes.

Posted March 3, 2025

Where to File a Bid Protest: Agency, GAO or Court of Federal Claims?

by Matt Carter

Matt Carter

If you’re a government contractor considering a bid protest, the first question is: where should you file—the specific agency in question, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims (COFC)? Each offers different advantages and limitations. This post breaks down the key differences, so you can make an informed decision.