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

Space Exploration Technologies Corp. v. The United States
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.

Kinemetrics, Inc. v. The United States
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.

Hydraulics International v. The United States
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.

Independent Rough Terrain Center, LLC v. The United States
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.

Raytheon Company v. The United States and Northrup Grumman Systems Corp.
COFC - No. 24-1824C - Feb 2025
US Court of Federal Claims ruled that a contractor's challenge to an OT award, claiming the government acted in an arbitrary and irrational way, can proceed.

Telesto Group, LLC v. The United States and Accenture Federal Services, LLC
COFC - No. 24-1784 - June 2025
US Court of Federal Claims ruled it lacked jurisdiction to review the Army's prototype OT evaluation process and that the Army did not violate OT authority.

MD Helicopters Inc. v. The United States
DCD-AZ - No. CV-19-02236-PHX-JAT - April 2019
District court denied plaintiff's protest due to broad and uncompelling facts and reasons.

Exploration Partners, LLC
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.

Rocketplane Kistler
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.

U.S. Department of Health and Human Services - Application of Fiscal Law to Other Transactions
GAO Decision - B-333150 - Apr 2024
Government Accountability Office determined the NHLBI violated the recording statute.

MorphoTrust USA, LLC
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.

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

Blade Strategies, LLC
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.

ACI Technologies, Inc.
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.

MD Helicopters, Inc.
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.

Air Tractor, Inc.
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.

System Architecture Information Technology
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.

Spartan Medical, Inc.
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.

PredictiveIQ, LLC
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.

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