In the Headlines
July 18, 2024

More Novel Protests May Follow OTA Jurisdiction Ruling

Law360
Government Contracts attorney Eric Crusius was quoted in a Law360 article about a recent U.S. Court of Federal Claims decision that could pave the way for more protests challenging the U.S. government's use of Other Transaction Authority (OTA) agreements. The court ruled that follow-on OTA deals to put successful prototypes into production fall under its jurisdiction, relying on a broad definition of procurement that could extend to other types of OTA agreements. Mr. Crusius noted that more clarity on what aspects of OTAs can be protested in court will be important to contractors, especially given the increase in use of OTAs by agencies like the U.S. Department of Defense.

"I do think that the idea of [OTA] agreements is to not have them get sidetracked by protests. But on the other hand, protests serve an important function in our procurement system, and ensure the right decisions are being made," he said.

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