How Claims Court Ruling May Expand Bid Protest Avenues

How Claims Court Ruling May Expand Bid Protest Avenues

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Andrew Shipley, Philip Beshara and Jessica Aldrich discussed the US Court of Federal Claims' jurisdiction in an article published by Law360. 

Excerpt: The U.S. Court of Federal Claims' willingness to accept jurisdiction over what are ostensibly Other Transaction Authorities, or OTAs, surfaced again this month in Hydraulics International Inc. v. U.S., where the court found jurisdiction based on a nexus between the OTA and the potential award of a follow-on production contract.[1]

In doing so, the court signaled that it will accept jurisdiction at an earlier stage in the OTA process than it has previously done — at the stage where an agency is using an OTA to determine its needs.

Read the full article. 

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