Recent federal district court decision highlights the
complexity of jurisdictional issues in challenging government
awards of other transaction agreements
Growth of other transaction agreements
A recent decision by the U.S. District Court for the District of
Arizona highlights the complexity of jurisdictional issues faced by
unsuccessful offerors that challenge government awards of
"other transaction" (OT) agreements. Over the past few
years, OT agreements have grown significantly in popularity due to
their immunity from the regulatory provisions that typically govern
government procurement contracts, including those that address
intellectual property rights, cost accounting, and other key terms.
By some reports, Department of Defense (DoD) spending on OT
agreements has grown from US$2.3 billion in Fiscal Year (FY) 2017
to, by some accounts, more than US$7 billion in FY 2019. It is no
wonder that companies not selected for an OT agreement have at
times attempted to
