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DoD Opens Dialogue With Industry on Open-Source Software

Client Alert | less than 1 min read | 12.07.11

Pursuant to a December 5 notice, DoD is hosting a public meeting on January 12, 2012, to obtain input from industry on the use of open-source software in its contracts.  DoD seeks to initiate dialogue in three main areas: (1) risks of copyright infringement liability for the Government and contractors who use or deliver open-source software and when that software includes proprietary or copyrighted material, (2) performance and warranty deficiencies faced by contractors when delivered open-source software does not meet contract requirements, and (3) whether the DFARS should be revised to delineate the Government’s rights when a contractor acquires open-source software for the Government.

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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.’” ...