In Short
The Situation: The Federal District Court for
the District of Arizona recently dismissed MD Helicopters'
Other Transaction ("OT") protest for lack of
jurisdiction. The court reasoned that, although the OT was not a
procurement contract, it was still a contract with the government
and was "connected to" a procurement. Under the
Administrative Dispute Resolution Act of 1996 ("ADRA")
and the Tucker Act, only the Court of Federal Claims
("COFC") has jurisdiction to hear cases involving alleged
violations of statute or regulation in connection with a
procurement or a proposed procurement.
The Result: This has created a situation where
protesters cannot easily determine what forum will have
jurisdiction to hear protests of the solicitation or award of OT
Agreements. In determining the proper forum, protesters will need
to assess all of the facts surrounding the OT and later
procurement.
