Protesters are continuing to challenge other transaction agreements, or “OTAs,” at the Government Accountability Office. GAO recently issued a decision holding that it will not review the award of non-procurement instruments issued under an agency’s OTA authority. The author of this article discusses the decision and its implications.

The Government Accountability Office’s (“GAO”) authority to hear protests involving other transaction agreements, or “OTAs,” has been in the headlines over the past year. GAO recently issued a decision holding that it will not review the award of non-procurement instruments issued under an agency’s OTA authority. OTAs are legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to laws and regulations applicable to procurement contracts. The Department of Defense (“DoD”) has authority under 10 U.S.C. § 2371 to enter into OTAs to carry out basic, applied, and advanced research projects. And under 10 U.S.C. § 2371b, DoD can use the authority under Section 2371 to carry out certain types of prototype projects.

Click here to read the full article written by Cameron Hamrick for Pratt's Government Contracting Law Report.