Locke Bell and Krista Nunez authored an article for Law360 discussing federal agencies increasingly allocating greater amounts of their annual budgets to nontraditional contracting arrangements generally known as other transaction agreements, or OTAs, and whether contractors can file bid protests.
“Disappointed OTA competitors seeking to file a bid protest must decide the question of where to file, which turns on selecting which federal court is appropriate,” the authors wrote. “For now, the answer appears to hinge on whether one can draw a direct line from the OTA awarded to eligibility for a future procurement contract.”
They added: “If so, the Court of Federal Claims should review the protest just like it would any other big protest; if not, relief may be found in a federal court of general jurisdiction.”
Read the full article.