Army Copter Case Blurs Jurisdiction For ‘Other Transactions'

Law360 (February 14, 2020, 6:12 PM EST) -- A recent decision by the U.S. District Court for the District of Arizona in MD Helicopters Inc. v. U.S. highlights the complexity of jurisdictional issues faced by unsuccessful offerors that challenge government awards of other transaction, or OT, agreements.

Growth of Other Transaction Agreements

Over the past few years, OT agreements have grown significantly in popularity due to their immunity from the regulatory provisions that typically govern government procurement contracts, including those that address intellectual property rights, cost accounting and other key terms.

By some reports, U.S. Department of Defense spending on OT agreements has grown from $2.3 billion in fiscal...

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