Those doing business with the government may face an ogre’s choice at the intersection of two Supreme Court decisions and longstanding Federal Circuit precedent precluding jurisdiction over non-procurement contracts....more
The U.S. Supreme Court agreed last week to permit the National Institutes of Health (NIH) to terminate hundreds of grants related to diversity, equity and inclusion (DEI) initiatives worth approximately $800 million. The...more
Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more
Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more
Federal grantees facing the termination of their grants by the new administration have challenged those terminations by filing suits under the Administrative Procedure Act (APA) in federal district courts. In about a half a...more
While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more
In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more
The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more