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A Day Early Is Too Late

Client Alert | less than 1 min read | 09.29.04

In Guam Shipyard [September 16, 2004], GAO held that a protest of the terms of an RFQ was untimely when it was transmitted to GAO the day before quotes were due, but that day was a federal holiday. GAO acknowledged that the protester had sent the protest to GAO on July 5 by both facsimile and e-mail, and that GAO had received both on that day; however, because documents are considered filed only on days when GAO is open for business, the protest was not deemed filed until 8:30 am on July 6 -- the same day, but several hours after, quotes were due in Japan.

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Client Alert | 3 min read | 03.06.25

CFC Rejects Government’s “Narrow and Oversimplistic View” of Tucker Act Jurisdiction, Declares Itself “De Facto Forum” for OTA Protests

On February 24, 2025, in Raytheon Company v. United States, Judge Bonilla of the Court of Federal Claims (CFC) submitted the latest—and perhaps most definitive—entry in a growing body of jurisprudence confirming the CFC’s Tucker Act bid protest jurisdiction encompasses challenges to awards made under the Department of Defense’s Other Transaction Agreement (OTA) authority. Upon establishing a framework for considering its ability to review OTA awards, the CFC declared itself “the de facto forum for bid protests involving ‘other transactions’ and ‘other transaction agreements.’” ...