Court of Federal Claims Litigation

Pursuing monetary claims against the United States and litigating government contract disputes in the U.S. Court of Federal Claims

What is the Court of Federal Claims?

The United States Court of Federal Claims (COFC) is a specialized federal court that hears monetary claims against the United States government. Located in Washington, DC, the COFC has nationwide jurisdiction over specific categories of cases where the federal government may owe money to individuals, businesses, or other entities.

Unlike federal district courts that handle a broad range of matters, the Court of Federal Claims has exclusive jurisdiction over certain claim types, making it the only forum for many disputes with the federal government.

The Court of Federal Claims handles:

  • Government contract disputes and claims

  • Bid protests (as an alternative to GAO)

  • Tucker Act claims for money damages

  • Tax refund suits

  • Patent and copyright claims against the government

  • Military pay and personnel claims

  • Indian tribe claims

  • Vaccine injury claims

If the United States owes you money, the Court of Federal Claims may be your path to recovery.

Our Court of Federal Claims Practice

DC Federal Litigation PLLC represents individuals, businesses, and organizations in litigation before the U.S. Court of Federal Claims. Our federal court admission allows us to prosecute claims and defend interests in this specialized tribunal.

We handle COFC matters including:

  • Bid protests challenging contract awards

  • Contract Disputes Act (CDA) claims

  • Tucker Act monetary claims

  • Breach of contract claims against the government

  • Taking claims (Fifth Amendment)

  • Tax refund litigation

  • Military pay disputes

  • Appeals to the U.S. Court of Appeals for the Federal Circuit

COFC Jurisdiction: What Cases Can Be Filed?

The Tucker Act

The Tucker Act (28 U.S.C. § 1491) provides the Court of Federal Claims with jurisdiction over monetary claims against the United States founded upon:

  • The Constitution

  • Acts of Congress

  • Regulations

  • Express or implied contracts with the United States

  • Liquidated or unliquidated damages in cases not sounding in tort

Key jurisdictional requirements:

  • The claim must be for money (not injunctive relief, with limited exceptions)

  • The claim must exceed $10,000 (claims under $10,000 may go to federal district court under the "Little Tucker Act")

  • The United States must have waived sovereign immunity for the claim type

  • The claim must not sound in tort (tort claims go to federal district court under the Federal Tort Claims Act)

Contract Disputes Act Claims

The Contract Disputes Act (CDA) governs disputes arising from federal government contracts. After obtaining a Contracting Officer's Final Decision (COFD), contractors may appeal to either:

  • The Court of Federal Claims, OR

  • The relevant Board of Contract Appeals (ASBCA, CBCA, etc.)

The choice of forum has strategic implications we discuss with each client.

Bid Protests

The Court of Federal Claims has jurisdiction over bid protests under 28 U.S.C. § 1491(b). Unlike GAO protests (which are administrative), COFC bid protests are federal court litigation with discovery, motions practice, and judicial decision-making.

When to File at COFC vs. GAO

Both the Government Accountability Office (GAO) and the Court of Federal Claims hear bid protests. Choosing the right forum affects your case outcome.

Bid Protests at the Court of Federal Claims

Factor GAO Court of Federal Claims
Nature Administrative Federal court litigation
Discovery Very limited Full federal discovery
Timeline 100 days (statutory) Variable, often longer
Automatic Stay Yes (CICA stay) Yes (if requested)
Decision Maker GAO attorneys Article I federal judge
Appeal To COFC To Federal Circuit
Costs Lower Higher (litigation costs)
Precedential Value Persuasive only Binding precedent

When COFC May Be the Better Forum

Consider COFC when:

  • You need discovery to prove your case

  • The legal issues are complex or novel

  • GAO precedent is unfavorable

  • You want judicial review rather than administrative review

  • The contract value justifies litigation costs

  • You need binding precedent

  • You want a more thorough record for appeal

Consider GAO when:

  • Speed is paramount (100-day deadline)

  • The facts are straightforward

  • GAO precedent supports your position

  • Cost is a significant concern

  • You want to preserve COFC as a backup option

COFC Bid Protest Process

Step 1: Filing the Complaint File a complaint in the Court of Federal Claims within the applicable deadline (typically within 10 days of adverse action for pre-award protests, or upon learning of basis for post-award protest).

Step 2: Automatic Stay Request an automatic stay of contract performance under 28 U.S.C. § 1491(b)(2). The court may issue a stay if:

  • The protester is likely to succeed on the merits

  • The protester will suffer irreparable harm without a stay

  • The balance of hardships favors a stay

  • The stay is in the public interest

Step 3: Administrative Record The government produces the administrative record of the procurement decision.

Step 4: Discovery Unlike GAO, COFC allows federal discovery. Parties may serve interrogatories, document requests, and take depositions.

Step 5: Briefing Parties submit motions for judgment on the administrative record or, where factual disputes exist, proceed to trial.

Step 6: Decision The COFC judge issues a written decision. Remedies may include injunctive relief, declaratory relief, or bid/proposal costs.

Step 7: Appeal Either party may appeal to the U.S. Court of Appeals for the Federal Circuit.

Tucker Act Claims

What is the Tucker Act?

The Tucker Act (28 U.S.C. § 1491(a)) waives the federal government's sovereign immunity for certain monetary claims. It does not create substantive rights but provides a forum for enforcing rights created by other laws.

To bring a Tucker Act claim, you must identify a "money-mandating" source:

  • A constitutional provision

  • A statute

  • A regulation

  • A contract

If the source is money-mandating (meaning it can fairly be interpreted as mandating compensation by the government), the Court of Federal Claims has jurisdiction.

Types of Tucker Act Claims

Contract Claims

Claims for breach of express or implied contracts with the United States, including:

  • Government contracts

  • Employment agreements

  • Implied-in-fact contracts

Taking Claims (Fifth Amendment)

Claims that the government has taken private property without just compensation, including:

  • Physical takings

  • Regulatory takings

  • Temporary takings

Statutory Claims

Claims under statutes that mandate payment, such as:

  • Military pay statutes

  • Civilian pay statutes

  • Benefits statutes

Tax Refund Claims

Claims for refunds of taxes illegally or erroneously collected.

Tucker Act vs. Little Tucker Act

Factor Tucker Act (COFC) Little Tucker Act (District Court)
Amount Over $10,000 $10,000 or less
Forum Court of Federal Claims Federal district court
Appeal Federal Circuit Regional circuit court

For claims exceeding $10,000, the Court of Federal Claims has exclusive jurisdiction under the Tucker Act.

Contract Disputes Act Claims

The CDA Process

Step 1: Submit Claim to Contracting Officer Before litigating, you must submit a written claim to the Contracting Officer requesting a final decision.

Step 2: Certification (Claims Over $100,000) Claims exceeding $100,000 must be certified as made in good faith, supported by accurate data, and reflecting the amount owed.

Step 3: Contracting Officer's Final Decision The Contracting Officer issues a final decision. If no decision within 60 days, you may treat silence as a deemed denial.

Step 4: Appeal to COFC or Board Within 12 months of the COFD (or deemed denial), appeal to:

  • Court of Federal Claims, OR

  • Appropriate Board of Contract Appeals

Step 5: Litigation COFC applies de novo review. You can introduce evidence beyond the administrative record.

COFC vs. Board of Contract Appeals

Factor Court of Federal Claims Boards of Contract Appeals
Decision Maker Article I judge Administrative judges
Discovery Full federal rules Board rules (more limited)
Appeal Federal Circuit Federal Circuit
Precedent COFC and Fed. Cir. Board and Fed. Cir.
Costs Generally higher Generally lower
Speed Variable Often faster

Appeals to the Federal Circuit

Decisions of the Court of Federal Claims are appealed to the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit applies the clearly erroneous standard to factual findings and de novo review to legal conclusions.

Our Federal Circuit admission allows us to handle your case through the appellate process.

Federal Circuit appeals involve:

  • Preparation of the appellate record

  • Briefing on legal issues

  • Oral argument (if granted)

  • Post-decision motions

Our COFC Litigation Process

Initial Consultation

We evaluate your potential claim or defense, including:

✓ Jurisdictional analysis (is COFC the right forum?)

✓ Merits assessment

✓ Damages calculation

✓ Strategic options

Case Development

We prepare your case by:

✓ Gathering documents and evidence

✓ Identifying witnesses

✓ Researching legal issues

✓ Calculating damages

Filing and Litigation

We handle all aspects of COFC litigation:

✓ Complaint drafting and filing

✓ Motions practice

✓ Discovery (when applicable)

✓ Brief writing

✓ Oral argument

✓ Post-trial motions

Resolution

We pursue the best outcome through:

✓ Negotiated settlement

✓ Alternative dispute resolution

✓ Trial and judgment

✓ Appeal (if necessary)

Frequently Asked Questions

Jurisdiction Questions

  • COFC hears monetary claims against the United States, including government contract disputes, bid protests, Tucker Act claims, tax refunds, military pay disputes, taking claims, and patent/copyright cases involving the government.

  • Claims must exceed $10,000. Claims of $10,000 or less may be brought in federal district court under the Little Tucker Act.

  • No. Tort claims (personal injury, property damage, etc.) must be brought under the Federal Tort Claims Act in federal district court, not at COFC.

  • Yes. Although located in Washington, DC, the Court of Federal Claims has nationwide jurisdiction over claims against the United States.

Bid Protest Questions

  • It depends on your case. GAO is faster and cheaper but has limited discovery. COFC allows full litigation with discovery and creates binding precedent. We analyze each case to recommend the best forum.

  • Under 28 U.S.C. § 1491(b)(2), the court may stay contract performance while the protest is pending. You must request the stay and demonstrate likelihood of success.

  • Generally, no. Filing at one forum typically precludes simultaneous filing at the other. However, you can appeal a GAO denial to COFC.

  • COFC bid protests vary in length depending on complexity, discovery needs, and court schedules. Simple cases may resolve in months; complex cases may take a year or longer.

Tucker Act Questions

  • A money-mandating source is a law (constitution, statute, regulation, or contract) that can fairly be interpreted as requiring the government to pay money if its terms are violated.

  • Generally, parties bear their own costs. However, the Equal Access to Justice Act (EAJA) may allow fee recovery in certain cases against the government.

  • Claims must be filed within six years of accrual under 28 U.S.C. § 2501.

Contract Disputes Questions

  • Yes. The Contract Disputes Act requires you to submit a claim to the Contracting Officer and receive a final decision before appealing to COFC.

  • If the Contracting Officer fails to issue a decision within 60 days, you may treat the claim as denied and appeal to COFC.

  • Yes. After receiving a Contracting Officer's Final Decision, you may appeal to either COFC or the appropriate board. Choose carefully—the decision is generally final.

Contact Our COFC Litigation Team

If you have a claim against the United States or need to litigate a government contract dispute, contact us to discuss your options at the Court of Federal Claims.

We can help with:

  • Bid protests (COFC and GAO)

  • Contract Disputes Act appeals

  • Tucker Act monetary claims

  • Tax refund litigation

  • Military and civilian pay disputes

  • Taking claims

Contact:

Schedule COFC Consultation

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