News & Analysis as of

Tucker Act Department of Defense (DOD)

Morgan Lewis

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

Morgan Lewis on

In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more

Morrison & Foerster LLP - Government...

Another Piece To The Puzzle: Court Of Federal Claims Has Jurisdiction Over Bid Protest Where The Disputed Other Transaction Could...

There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more

Stinson - Government Contracting Matters

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD...

In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling

Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more

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