GAO Will Police 'Other Transaction Authority' Awards

Law360 (June 12, 2018, 12:49 PM EDT) -- The U.S. Government Accountability Office's much-anticipated decision in Oracle America Inc.[1] confirms that the GAO will not hesitate to review the details of an agency's use of its Other Transaction Authority (OTA) in lieu of issuing a procurement contract. The GAO determined that the U.S. Transportation Command (TRANSCOM) both: (1) failed to properly provide for a follow-on production contract in its initial "prototype OTA" instrument, and (2) issued its sole-source production order before the prototype was complete, in violation of the requirements of the statute that provides OTA.

The Oracle decision acts as a shot across the bow to agencies exploring OTA agreements...

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