Stephen Bacon Provides Commentary to Washington Technology on OTA Protest Jurisdiction in Telesto Case

Rogers Joseph O’Donnell PC shareholder Stephen L. Bacon was recently quoted in Washington Technology on a decision from the U.S. Court of Federal Claims involving Other Transaction Authority (OTA) agreements.

The article, titled “Court ruling in Groundswell case adds confusion over OTA protests,” discusses the court’s opinion in The Telesto Group LLC v. United States. The ruling by Judge Richard Hertling holds that the court lacks jurisdiction under the Tucker Act to hear a protest of evaluations during the prototype phases of an OTA.

Telesto conflicts with opinions by other judges on the court who have taken a more expansive view of the court’s authority to decide OTA protests. Bacon’s recent LinkedIn post highlighted the split of authority on this critical issue and the uncertainty it creates for contractors that are pursuing an increasing number of OTAs awarded by the Department of Defense.   

Bacon emphasized that “contractors deserve more clarity on where these protests should be filed,” noting that “it’s time for the Federal Circuit (or Congress) to weigh in.” 

Bacon represents government contractors in bid protests, claims, investigations, and suspension and debarment proceedings. He frequently litigates matters before the Court of Federal Claims, the Government Accountability Office and other federal tribunals, and advises clients on compliance and regulatory issues in government contracting.