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Reliance on Supplier's Country of Origin Certification Reasonable

Client Alert | 1 min read | 09.04.14

On August 29, 2014, the D.C. Circuit affirmed the grant of summary judgment for the contractor in a qui tam FCA case alleging Govplace had violated the Trade Agreements Act (TAA) by unreasonably relying on the distributor's country of origin certification and selling IT hardware that allegedly failed to comply with the TAA. The court concluded not only that Govplace could reasonably rely on the distributor's certification (a practice it had disclosed to GSA during Contractor Administrator Visits), but also that, because the hardware was generally manufactured in both TAA-designated countries and in non-designated countries, neither an email from the manufacturer's employee nor a competitor's price list suggesting conflicting country of origin information undermined Govplace's continued reliance on the distributor's certification.

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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.’” ...