More Novel Protests May Follow OTA Jurisdiction Ruling

Locke Bell spoke to Law360 about a Court of Federal Claims decision by Judge Kathryn C. Davis asserting jurisdiction over bid protests related to other transaction (OT) agreements awarded by the Department of Defense for follow-on production efforts after a successful prototype project.

Locke said Judge Davis’ analysis may be extended beyond such follow-on production contracts.

“I think if you took the same lens, even to the initial prototype OT award, one could say that the agency is acquiring goods and services in that context as well — they’re either acquiring actual prototypes, or they’re acquiring research and development,” he said, which would, by the Court’s logic, give it exclusive bid protest jurisdiction.

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