Analysis

Court Cuts Off Last Avenue For Prototype Deal Protests

By Daniel Wilson (January 31, 2020, 9:12 PM EST) -- An Arizona federal court's decision that it lacks jurisdiction over protests of prototyping deals has likely taken away unsuccessful bidders' last clear avenue to dispute those agreements, and could spur the Pentagon to further step up its already rapidly increasing use of the deals.

With that decision, dismissing MD Helicopters Inc.'s protest over its exclusion from a U.S. Army Other Transaction Agreement for armed reconnaissance helicopter designs, the district court left a jurisdictional black hole for OTAs that will likely require an appeals court — or Congress — to clear up, said Aron Beezley, co-leader of Bradley Arant Boult Cummings LLP's...

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