Court of Federal Claims Deems Itself "De Facto Forum" for Other Transaction Agreement Protests

Government Contracts attorneys Roza Sheffield, Christian Nagel, Bailey McHale and Holly Roth wrote an article featured in Pratt's Government Contracting Law Report analyzing the U.S. Court of Federal Claims' decision in Raytheon Co. v. United States and its broader impact on Other Transaction Agreements (OTA). The court's assertion of jurisdiction over OTA bid protests positions itself as the "de facto forum" for such disputes marking a turning point in OTA litigation and clarifies the Tucker Act's applicability. The authors explore how this precedent may significantly influence procurement strategy, contractor compliance and the competitive landscape for defense-related prototype and production work.

The attorneys also published a Holland & Knight alert on this topic.

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