ABOUT THE NEW BID PROTEST JURISDICTION
OF THE COURT OF FEDERAL CLAIMS

Under its new bid protest jurisdiction, the Court of Federal Claims has authority to:

  • issue temporary restraining orders and preliminary injunctions which can prevent contract award, or stop or limit contract performance if award has taken place
  • issue a binding permanent injunction providing final relief, when a protest suit is successful
  • award the costs of bid or proposal preparation, where appropriate
  • order discovery, such as oral depositions, responses to written interrogatories, or document production, where the administrative record is incomplete, etc.

Under its new bid protest jurisdiction, the Court of Federal Claims has jurisdiction over bid protest suits:

  • regarding an alleged violation of statute or regulation in connection with a procurement or proposed procurement
  • whether brought before or after contract award
  • objecting to the terms of a solicitation
  • contesting the proposed award or actual award of a contract
  • so long as the suit is brought by an "interested party"