FAR 33.105—Protest at the U.S. Court of Federal Claims.
Plain-English Summary
FAR 33.105 is a very short cross-reference provision that tells readers where to find the procedures for bid protests filed at the U.S. Court of Federal Claims (COFC). It does not itself create protest deadlines, pleading standards, filing requirements, or remedies; instead, it points contractors, agencies, and practitioners to the COFC’s own rules of practice and procedure, which govern how a protest is filed, served, briefed, and litigated in that court. In practical terms, this section matters because a protest at the COFC is handled differently from an agency-level protest or a protest at the Government Accountability Office, and the controlling procedures come from the court rather than the FAR. The section also signals that anyone considering COFC litigation must consult the court’s current rules and forms directly, including any local filing requirements and electronic filing procedures. For federal contracting, the significance is that protest strategy, timing, and litigation steps cannot be determined from FAR 33.105 alone; the FAR simply directs the user to the proper procedural source.
Key Rules
COFC rules control
Protests filed at the U.S. Court of Federal Claims are governed by the court’s own rules of practice and procedure, not by detailed FAR protest procedures. Users must rely on the court’s current rules and forms for filing and litigation requirements.
FAR provides only a cross-reference
This section does not establish substantive protest rights, deadlines, or remedies. Its function is limited to directing readers to the COFC rules website for the applicable procedures.
Consult current court materials
Because the governing procedures are contained in the court’s rules and forms, parties should verify the latest version before filing. The court may update filing instructions, formatting requirements, or electronic submission rules.
Different forum, different process
A COFC protest is procedurally distinct from protests at the agency level or at the GAO. Parties should not assume that rules from another protest forum apply in court.
Responsibilities
Contractor / Protester
Review the U.S. Court of Federal Claims rules and forms before filing a protest, and follow the court’s procedural requirements for initiating and litigating the case. The protester must not rely on FAR 33.105 for filing mechanics or litigation steps.
Agency
Recognize that a protest filed at the COFC will proceed under the court’s rules rather than agency protest procedures. The agency must respond and defend the procurement action according to the court’s schedule and filing requirements.
Contracting Officer
Understand that COFC protest procedures are controlled by the court and that the FAR section only points to those procedures. The contracting officer should coordinate with agency counsel and comply with court-directed litigation obligations if the procurement is challenged.
Agency Counsel / Litigation Counsel
Use the COFC rules and forms as the governing source for pleadings, service, filing, and case management. Counsel must ensure the agency’s litigation posture and submissions comply with the court’s current procedural requirements.
Practical Implications
This section is a pointer, not a roadmap: if you are preparing a COFC protest, you must leave the FAR and go directly to the court’s rules.
A common mistake is assuming GAO or agency-protest timelines apply in COFC litigation; they do not necessarily apply.
Because the court’s rules can change, always check the current version and any electronic filing instructions before filing or responding.
Contracting officers and agency counsel should treat a COFC protest as litigation, with court-driven deadlines and formal filings, not as an internal procurement review.
For contractors, the key practical step is to confirm forum-specific procedure early so the protest is not dismissed or delayed for noncompliance with court rules.
Official Regulatory Text
Procedures for protests at the U.S. Court of Federal Claims are set forth in the rules of the U.S. Court of Federal Claims. The rules may be found at https://www.uscfc.uscourts.gov/rules-forms .