DoD Renews Its Request to Limit CFC Bid Protest Jurisdiction Dramatically
Client Alert | 1 min read | 04.22.16
In its legislative proposal package sent to Congress on April 12, 2016, the DoD is again seeking to curtail the CFC’s bid protest jurisdiction significantly by importing nearly all of GAO’s rigid timeliness rules into the Tucker Act, 28 U.S.C. § 1491(b), with the stated goals of “reducing the time to decide bid protests by avoiding unnecessarily repetitive protests” and eliminating an “unintended forum shopping practice that has arisen under the existing bid protest system[.]” For a detailed review of the similar DoD legislative proposal in 2012, see this post, where we explain why the proposed change, among other things, (1) will not fully address DoD’s “second bite at the apple” concerns, (2) will deny many prospective protesters a “first bite,” and (3) may have a significant effect on the types and numbers of protests filed in the GAO and the CFC.
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Client Alert | 3 min read | 03.06.25
On February 24, 2025, in Raytheon Company v. United States, Judge Bonilla of the Court of Federal Claims (CFC) submitted the latest—and perhaps most definitive—entry in a growing body of jurisprudence confirming the CFC’s Tucker Act bid protest jurisdiction encompasses challenges to awards made under the Department of Defense’s Other Transaction Agreement (OTA) authority. Upon establishing a framework for considering its ability to review OTA awards, the CFC declared itself “the de facto forum for bid protests involving ‘other transactions’ and ‘other transaction agreements.’”
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