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  • Has the GAO Opened the Door to Certain Other Transaction (OT) Bid . . .
    But, being subject to different legal frameworks, an OT bid protest is not a garden-variety bid protest challenging a solicitation or award of a procurement contract Thorny questions abound, particularly on jurisdiction and appropriate forum between the Government Accountability Office (GAO), the Court of Federal Claims, and other federal
  • Government Contracts Insights
    DoD Dusts Off Other Transactions (OT) Regulations By: Tina D Reynolds and Locke Bell On September 4, 2024, the U S Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on production OTs
  • The End of Chevron Deference: What It Means for False Claims Act . . .
    Under the Supreme Court’s decision in Chevron USA Inc v Natural Resources Defense Council, Inc , 467 U S 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court reads the statute differently ”
  • Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction . . .
    The OT Prototype Project The Army needed upgraded Aviation Ground Power Units (“AGPUs”) to service military helicopters To accomplish the AGPU upgrade, the Army selected an OT agreement as the purchasing vehicle The Army awarded an OT to a consortium, which issued a Request for Enhanced White papers for the AGPU upgrade prototype project
  • Court of Federal Claims Potentially Expands Its Other Transaction (OT . . .
    Other Transactions Guide for Prototype Projects, Version 1 2 0 at 1-2 (Jan 2017); see also USD (AT L), “Other Transactions” (OT) Guide for Prototype Projects § C1 6 (Dec 21, 2000) (“OT prototype authority may be used only to carry out prototype projects that are directly relevant to weapons or weapon systems proposed to be acquired or
  • Discussions Vs. Clarifications Vs. Communications, and Agency . . .
    In our last post, we looked at the most common protest grounds related to discussions: lack of meaningful discussions, misleading discussions, and unequal discussions Today we’ll discuss how discussions differ from clarifications and pre-competitive range communications, as well as the Government’s discretion to conduct (or not conduct) such exchanges
  • DoD Dusts Off Other Transactions (OT) Regulations
    DoD’s prototype OT authority is limited to agreements that meet certain statutory criteria According to DoD’s Federal Register notice, the most commonly used of these eligibility criteria – accounting for more than 90 percent of all prototype OT awards – is the significant participation of a “nontraditional defense contractor ”[1]
  • The Government Contractor: Here Is How You Actually Negotiate IP Rights . . .
    Although there is great deal being written these days about DOD’s increasing use of Other Transactions “OTs”, no one explains how you actually negotiate OT terms and conditions, particularly the intellectual property clauses that are the most troublesome for contractors
  • Ninth Circuit Sits En Banc to “Tidy Up the Law” on the False Claims Act . . .
    New DFARS Regulation on Small Business Affiliate Past Performance Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts Other Transaction (OT) Bid Protests: A Call for Clarity and Consistency SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions DoD Dusts Off Other Transactions (OT) Regulations
  • Procurement Integrity Act | Government Contracts Insights
    The Procurement Integrity Act (“PIA”), codified at 41 U S C § 2101–2107, is intended to prevent unethical and improper





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