Alert: COFC to Remain Open During Partial Government Shutdown

Today, the U.S. Court of Federal Claims ("COFC") issued a notice on its website stating that it will remain open with sufficient staffing to support its constitutional and statutory obligations, which includes its bid protest function under the Tucker Act. This is consistent with what I provided in my article last week, Bid Protests During a Partial Government Shutdown.

As the COFC notice states, all proceedings – including bid protests – will take place as scheduled and all filing deadlines remain in effect "[u]nless otherwise ordered by the presiding judge in a particular case or until further notice of the court." In addition to the COFC notice, the Administrative Office of U.S. Courts previously advised that federal courts will operate under the terms of the Anti-Deficiency Act beginning on February 5. Protesters should therefore keep an eye out for more information from COFC in the event the shutdown extends beyond February 4.

Notably, for information on GAO's shutdown-related bid protest notice, click here.

Below is COFC's notice:

Important Information Regarding the Current Lapse in Appropriations

During the current lapse in federal appropriations, the United States Court of Federal Claims will remain open for business and will maintain sufficient staffing as necessary to continue to support the court’s constitutional and statutory obligations. Unless otherwise ordered by the presiding judge in a particular case or until further notice of the court, all proceedings will take place as scheduled and all filing deadlines remain in effect.

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