June 5, 2020

Recent Government Accountability Office ("GAO") bid protest decision holds that GAO lacks jurisdiction to hear a protester's challenge to being eliminated from further consideration under an Other Transaction Agreement ("OTA"). [1] Notably, while this decision is consistent with GAO's prior rulings, it also appears to be the first instance in which GAO ruled on a protester's exclusion from further consideration under an OTA.

Briefly, in System Architec...

February 9, 2020

A tale of two bid protests challenging awards of other transaction agreements ("OTA"), both of which were dismissed for lack of subject matter jurisdiction.  On the one hand, the Court of Federal Claims determined that an Air Force OTA award was neither a "procurement contract" nor "in connection with" a procurement, and therefore it did not have Tucker Act jurisdiction to hear the case.  [1]

On the other hand, a U.S. District Court determined that: 1) an Army OTA was a contract an...

November 24, 2019

On Friday, November 22, 2019, the U.S. Government Accountability Office ("GAO") published a report on the Department of Defense's ("DoD") use of prototype other transactions agreements ("OTA") from Fiscal Years ("FY") 2016 through 2018, including "the extent to which agreements officers followed established review processes before awarding selected transactions."

According to the report, DoD's use of prototype OTAs "significantly increased" both in terms of numbers of agreements and dol...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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