We recently examined four recent Federal Circuit cases that “signal significant changes to long-standing jurisdictional precedent in bid protests and Contract Disputes Act (CDA) claims.”

In the article for Reuters, we pointed out that the two cases related to bid protests indicate that, “moving forward, issues of interested party, prejudice, and the Blue & Gold waiver rule are no longer bases upon which the COFC [Court of Federal Claims] can dismiss a protest for lack of jurisdiction. Instead, they will be considered when evaluating whether a protester has stated a claim, which may encourage more protests.”

We explained that, “[a]s for CDA claims, these developments similarly signal that the Federal Circuit is interested in clarifying whether the claim-processing rules of the CDA and its implementing regulations are jurisdictional. They also indicate a slight leveling of the playing field between government and contractors in CDA disputes since the government has often cited to procedural defects, including sum certain and price definitization, as jurisdictional issues long after the contractor’s opportunity to cure any potential issue has passed.”

The full article, “Federal Circuit Signals Broad Changes to Jurisdictional Issues in Bid Protests and Contract Disputes Act Claims,” was published by Reuters on June 27 and is available online or in the PDF provided.

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Photo of Richard Arnholt Richard Arnholt

Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal…

Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal guidance to help clients efficiently navigate the minefield of government procurement and grant regulations.

Photo of Adam Briscoe Adam Briscoe

Adam Briscoe advises companies as they navigate the contracting process with federal, state, and local governments. He counsels and represents clients on bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), contract claims and disputes, teaming…

Adam Briscoe advises companies as they navigate the contracting process with federal, state, and local governments. He counsels and represents clients on bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC), contract claims and disputes, teaming and subcontracting issues, due diligence for mergers and acquisitions, data rights and intellectual property issues, and compliance with cybersecurity and Small Business Administration (SBA) regulations. He further represents nontraditional contractors that provide emerging technology solutions and innovative services to the federal government through nontraditional contracting vehicles.