So, you think that Other Trasactions are exempt from bid protest jurisdiction at the Court of Federal Claims?  Not so fast.  

I posted this protest opinion on the Home Page on Friday.  If you handle Other Trasactions, you may want to take a look at the Opinion at Independent Rough Terrain Center, LLC v. U. S. and Taylor Defense Products, LLC, No. 24-160, July 16, 2024.  

Quote

In sum, the Solicitation here concerns an OT follow-on production contract for goods and services, and nothing in the OT statutes expressly removes OT follow-on contracts from the purview of this Court’s jurisdiction. The Court holds that it has jurisdiction to review a follow-on production contract that seeks to acquire property or services for the Government, whether the agency issued the follow-on solicitation under OT authority or under FAR authority. Accordingly, the Court denies the Government’s and Taylor’s Motions to Dismiss on Rule 12(b)(1) grounds because the Court finds it has subject-matter jurisdiction over the protest.

Independent Rough Terrain Center, LLC v. U. S. and Taylor Defense Products, LLC, No. 24-160, July 16, 2024.  

Thanks Bob.

This is a well laid out explanation and logical decision.  I assumed the Space X case exempted follow on production contracts from the Courts purview but this overrules that thinking.