Protests and performance disputes run on separate tracks
A challenge to how a federal contract was awarded is a bid protest, and it can be filed with the agency, with the Government Accountability Office, or in the Court of Federal Claims. Protest deadlines are short, and filing quickly can also determine whether performance of the contract is paused while the protest is decided. A dispute after award follows a different path under the Contract Disputes Act: the contractor generally submits a claim to the contracting officer, and the decision can then be appealed to a board of contract appeals or to the Court of Federal Claims. State and city contracts have their own procedures. In New York, many contract claims against the state go to the Court of Claims, and New York City contracts usually carry a dispute process of their own.
Building the record before it is needed
These cases often turn on the written record more than on testimony. Keep the solicitation, your proposal, any debriefing materials, the contract with all modifications, and every written direction from government personnel. Oral directions from someone without authority to change the contract are a recurring problem, so note who gave them and confirm them in writing. Track the cost of changed or delayed work separately as it happens, because reconstructing those costs afterward is harder and less persuasive. Claims above a certain size must be certified, and the certification wording matters.
Choosing a forum and a timeline
Early on we look at which forums are available, what each would require, and how the choice affects your relationship with the agency on current and future work. Some disputes are better handled through negotiation with the contracting officer or alternative dispute resolution, while others need to be filed promptly to preserve rights. An appeal from a contracting officer's final decision has firm deadlines, and the clock depends on the forum. We also review whether subcontractors or suppliers have claims that need to be passed through the prime contractor, since they usually cannot sue the federal government directly. You leave the first meeting knowing which dates matter most.
