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|Grant Award Protest Before the COFC|
Can I protest the award of a grant under the Tucker Act before the U. S. Court of Federal Claims?
By John Ford on Tuesday, March 06, 2001 - 09:57 am:
The Tucker Act only covers contracts, therefore you cannot get to the COFC under that Act. However, the COFC also has the power to hear requests for money that are filed under some statute that specifically entitles the claimant to the money requested. In addition to the COFC, you might be able to go to U.S. district court under the Administrative Procedure Act, depending on the circumstances of the case. In any event, this is a situation where the advice of competent counsel should be sought.
By legalease on Tuesday, March 06, 2001 - 11:57 am:
By Anonymous on Tuesday, March 06, 2001 - 03:21 pm:
It is my understanding thast the award of a grant (or cooperative agreement) is not protestable.
By John Ford on Wednesday, March 07, 2001 - 04:59 pm:
Legalease, interesting site and an interesting
article. However, I find its conclusion unconvincing. None of
the cases cited dealt with a bid protest. Each case was based on
subsection (a) of 28 USC 1491. That provision confers
jurisdiction upon the COFC to hear "claims" based upon "any"
express or implied in fact contract. Obviously, this covers a
broader universe than just procurement contracts. In the cases
cited, there was an existing agreement with the government under
which the plaintiff was seeking money.
By Anonymous2 on Wednesday, March 07, 2001 - 10:10 pm:
By Linda Koone on Thursday, March 08, 2001 - 09:48 am:
By John Ford on Thursday, March 08, 2001 - 12:03 pm:
I am glad Legalease provided the site. I learned
something from it. I think that is the purpose of this site. We
don't all have to agree with what everyone posts, but the posts
should stimulate thought and inquiry which will lead to a better
understanding of the subjects discussed if we approach the
issues with open minds.
By Anonymous on Thursday, March 08, 2001 - 12:06 pm:
One key statute concocerning grants "encourages" competition but doesn't mandate it. That's the reason GAO used to decline entaining protets. Nost likely and other body will use the same logic.
By bob antonio on Friday, March 09, 2001 - 08:28 pm:
In updating the site, I came across this COFC case.
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE v. US,
No. 99-386C, Febuary 28, 2001. The link is below. The state
claimed existence of a contract under the grant. Here are some
excerpts and then the link.
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