OTC Legal and Protest Decisions

View legal and protest decisions related to Other Transactions (OTs), primarily from the Government Accountability Office.

Legal and Protest Decisions

COFC - No. 19-742C - Aug 2019
US Court of Federal Claims denied the plaintiff's claims as it did not have jurisdiction over awards not connected with a procurement.

COFC - No. 21-1626 - Sep 2021
US Court of Federal Claims denied the plaintiff's claims challenging the Air Force's Commercial Solutions Opening process.

COFC - No. 22-364 - Aug 2022
US Court of Federal Claims denied the plaintiff's claims after reviewing how the government evaluated a whitepaper submission or applied a solicitation requirement.

COFC – No. 24-160 – Jul 2024
US Court of Federal Claims dismissed case since plaintiff did not have an active System for Award Management registration at time of OT award.

DCD-AZ - No. CV-19-02236-PHX-JAT - April 2019
District court denied plaintiff's protest due to broad and uncompelling facts and reasons.

GAO Decision - B-298804 - Dec 2006
Government Accountability Office denied the protest since NASA's issuance of Space Act Agreements pursuant to NASA's authority was outside of GAO's jurisdiction.

GAO Decision - B-310741 - Jan 2008
Government Accountability Office dismissed the protest since it lacked jurisdiction to review protests of OT-related solicitations and awards.

GAO Decision - B-333150 - Apr 2024
Government Accountability Office determined the NHLBI violated the recording statute.

GAO Decision - B-412711 - May 2016
Government Accountability Office denied the protest since the protester did not show TSA's use of its OT authority was inconsistent with TSA's statute.

GAO Decision - B-416061 - May 2018
Government Accountability Office determined the Army failed to comply with statutory requirements for follow-on production Other Transactions.

GAO Decision - B-416752 - Sep 2018
Government Accountability Office dismissed the protest since the protester did not timely challenge the Army's use of Other Transaction Authority prior to the time for receipt of proposals.

GAO Decision - B-417011 - Jan 2019
Government Accountability Office dismissed the protest since the anticipated work, per the solicitation, was not outside of the scope of the Navy's OT authority and was not duplicative research performed on other contracts.

GAO Decision - B-417379 - Apr 2019
Government Accountability Office dismissed the protest since it lacked jurisdiction to review protests of OT-related solicitations and awards.

GAO Decision - B-418244 - Feb 2020
Government Accountability Office dismissed the protest since the Air Force was not prohibited from using an OT when procuring items for experimental purposes under a separate authority.

GAO Decision - B-418721 - Jun 2022
Government Accountability Office dismissed the protest since it did not have jurisdiction to review the Air Force's Other Transaction evaluation process.

GAO Decision - B-419503 - Feb 2021
Government Accountability Office dismissed the protest since it lacked jurisdiction to review protests of OT-related solicitations and awards.

GAO Decision - B-421436.2 - Jul 2023
Government Accountability Office dismissed the protest since GAO does not review allegations that an agency's evaluation did not comply with internal agency evaluation guidance or policies that are not contained in the terms of the solicitation or mandatory procurement regulations.

GAO Decision - B-421936 - Nov 2023
Government Accountability Office dismissed the protest since it lacked jurisdiction to consider the Other Transaction-related protest.