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As I mentioned in a recent post, the Department of Defense (DoD) is using its “other transaction” authority with increased frequency to attract non-traditional defense contractors and to capitalize on the cutting-edge technological advancements found in the commercial marketplace. Other Transaction Agreements (OTAs) are not procurement contracts, grants, or cooperative agreements and, as such, many procurement laws and regulations do not apply, including the Competition in Contracting Act (CICA) and the Federal Acquisition Regulation (FAR).
As a result, OTAs are generally not subject to review under current procurement protest procedures. This has led to concerns about transparency in the process and worries about whether OTAs are being improperly awarded. Additionally, it has frustrated many commercial entities who do not know where to turn when they feel like they have not been given a fair opportunity to compete for the government’s business. Although the Government Accountability Office (GAO) has determined that it does not have jurisdiction over protests challenging the award of, or the solicitation for an award of, an OTA, the GAO did recently decide that it would review a timely protest questioning whether an agency acted within the limits of its statutory authority.
In Oracle America, Inc., the GAO sustained a protest filed by Oracle challenging a $950 million production OTA (P-OTA) awarded to REAN Cloud by the Army to migrate legacy software from existing DoD platforms to a commercial cloud service provider. The P-OTA followed an initial $2.4 million prototype OTA that was awarded to REAN Cloud approximately 8 months earlier. Among other things, Oracle claimed that the Army did not comply with the statutory requirements in 10 U.S.C. § 2371b(f) which define the conditions that must be met before a follow-on P-OTA can be awarded. The GAO sustained the protest finding that the P-OTA award was improper because
(1) the prototype OTA did not specifically contain any provision that allowed for follow-on production and,
(2) REAN had not yet successfully completed the prototype OTA prior to the Army awarding it the P-OTA.
This decision is notable not only because it is the first time that the GAO has sustained a protest involving an OTA, but more importantly because it reaffirms the position that the GAO took in Morpho Trust – an agency’s decision to use its “other transaction” authority, rather than a procurement contract, is not reviewable by the GAO unless a protester can demonstrate that the agency’s use of its authority is inconsistent with the statute granting authority. This opinion unmistakably shows where the GAO stands on the issue of bid protest jurisdiction over OTAs and serves as a clear guide for both legal practitioners and industry alike.
Although an agency’s decision to use its “other transaction” authority is not reviewable by the GAO, it is still possible for an interested party to seek relief from the Court of Federal Claims (COFC), which derives its jurisdiction over “contracts” from the Tucker Act. It is unclear where the COFC stands on the issue because it has not yet asserted jurisdiction over a protest involving an OTA. However, most practitioners believe that it is unlikely the COFC will interfere with an agency’s decision to use its “other transaction” authority given the recent Congressional preference for OTAs. Some practitioners also believe that a frustrated commercial entity could seek injunctive relief, in the form of a stay, from a federal district court under the Administrative Procedures Act. Federal district courts have generally not exercised bid protest jurisdiction since 2001 so it is impossible to predict how a court would rule on the issue. Finally, it is also possible for an interested party to seek relief from the agency by filing an agency-level protest. I am generally not a fan of agency-level protests because they are unlikely to be successful absent a clear showing of error.
The holding in Oracle America, Inc. does nothing to alleviate concerns that OTAs are being improperly awarded. Rather, it highlights the fact that contracting officers have almost unlimited discretion to use an agency’s “other transaction” authority instead of a FAR-based procurement contract. If that is really the case, then OTAs just might be bulletproof.
The recent emphasis of OTAs is changing the landscape of DoD procurement and it is crucial that commercial entities looking to do business with the government understand the basics of OTAs, if they are eligible to participate, and where the government is advertising OTA opportunities. My partner, Maria Panichelli, and I will present a two-part webinar series on these topics and more on July 24 and August 14. Click here for more information and to register.
Bid Protests: Are Other Transaction Agreements (OTAs) Really Bulletproof? syndicated from thegardenresidences.wordpress.com
‘The Political Reporter’ is a new media installation by Boone, NC-based artist Mark Nystrom that generates random, but intriguing statements with words found on political websites and in the media. Sources include the Obama and Romney presidential campaigns, the Democratic and Republican parties, bloggers and the news media.
‘The Political Reporter’ animates a cloud of letters and periodically makes statements. These images are screen grabs taken while ‘The Political Reporter’ was running on Election Day and the day after.
Letters from words gathered from conservative sources are colored red and ones from liberal sources are blue. ‘The Political Reporter’s’ vocabulary includes over 70,000 words, but only 300 appear on the screen at any given time. As words are used to make statements, they are replaced by randomly chosen new ones from the list of 70,000.
Image uploaded by Leni Smoragdova. Find images about Transaction art, please visit website - "In Art we trust" - {$M}
American Transaction Processors Coalition DC Fly In
Patrick Greer Policy Director
(ATPC) 678-431-5137
patrick@atpcoalition.com
June 13th
1:00pm- Board Meeting (Whitmer & Worrall, 1401 H St NW, Washington, DC)
6:00pm- Board Reception (Van Scoyoc Associates, Penthouse, 800 Maine Ave SW, Washington, DC 20024
Michael P. Mills
Chief Operating Officer
American Transaction Processors Coalition
404.680.0176
michael@atpcoalition.com
1180 West Peachtree Street NW
Suite 1800
Atlanta, GA 30309
Angela Acampora
Angela@whitmerworrall.com
This project was commissioned to provide a artistic transaction window for an office. These are some of the "in progress" photos...note too good ones either. The window is made of various sashes and types of glass, including stained glass, light covers, signs, mirrors, textured glass, beveled glass etc... There is a door in the center made of an old casement window. The trim was glazed gold and pewter and stained with asphaltum. All the wood was reclaimed from old yellow pine bleacher boards from a gymnasium. The glass was all gotten from deconstruction and salvage and a bit of junk picking.
The project is done and installed... looks really cool clean and in natural light, as opossed to the fluorescent light of the shop. better photos to come.
On February 23-25, 2012, the Professional Development department hosted the Basics of Transactional Practice Academy in Chicago for 37 first-year associates from the Corporate and Securities, Finance, Franchise and Distribution, Government Affairs, Real Estate and Trademark, Copyright and Media practice groups. Nearly 40 lawyers and staff from around the firm provided interactive presentations and discussed trends and lessons learned in their particular practice area.
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Look for platforms that offer competitive transaction fees or even no-fee trades, so you don’t spend too much on commission and other associated costs. Cryptocurrency exchanges are much like traditional stock exchanges, but instead of trading stocks, users can trade digital assets such as Bitcoin, Ethereum, or other altcoins.
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spring/break art show exhibition (overall theme/concept of "transaction") co-curated by the sun that never sets (vanessa albury & rachel rampleman) with jennifer and kevin mccoy, march 2015.
On February 23-25, 2012, the Professional Development department hosted the Basics of Transactional Practice Academy in Chicago for 37 first-year associates from the Corporate and Securities, Finance, Franchise and Distribution, Government Affairs, Real Estate and Trademark, Copyright and Media practice groups. Nearly 40 lawyers and staff from around the firm provided interactive presentations and discussed trends and lessons learned in their particular practice area.
On February 23-25, 2012, the Professional Development department hosted the Basics of Transactional Practice Academy in Chicago for 37 first-year associates from the Corporate and Securities, Finance, Franchise and Distribution, Government Affairs, Real Estate and Trademark, Copyright and Media practice groups. Nearly 40 lawyers and staff from around the firm provided interactive presentations and discussed trends and lessons learned in their particular practice area.
On February 23-25, 2012, the Professional Development department hosted the Basics of Transactional Practice Academy in Chicago for 37 first-year associates from the Corporate and Securities, Finance, Franchise and Distribution, Government Affairs, Real Estate and Trademark, Copyright and Media practice groups. Nearly 40 lawyers and staff from around the firm provided interactive presentations and discussed trends and lessons learned in their particular practice area.
Kathy Wood
Transaction/REO Coordinator
Century 21 Jack Associates
98 South Main Street
Waterbury, VT. 05676
802-244-5155 office
802-244-4505 Fax
802-793-9779 Cell
Kathy Wood is not a licensed real estate agent. Vermont Law requires that
specific information be confirmed with a licensed agent of Century 21 Jack
Associates. The data contained herein is for informational purposes only and
is not represented to be error free. We have made every effort to obtain
information regarding listings from sources deemed reliable. However, we
cannot warrant the complete accuracy thereof subject to errors, omissions,
change of price, rental or other conditions, prior sale, lease or financing,
or withdrawal without notice. Notwithstanding any attachments of scanned and
signed documents to the contrary, nothing contained herein constitutes nor
is intended to constitute an offer, inducement, promise, or contract of any
kind. Only signed documents are adequate to enter into a contract, or to
modify, amend, change or provide any required notice to a previously signed
contract.
American Transaction Processors Coalition DC Fly In
Patrick Greer Policy Director
(ATPC) 678-431-5137
patrick@atpcoalition.com
June 13th
1:00pm- Board Meeting (Whitmer & Worrall, 1401 H St NW, Washington, DC)
6:00pm- Board Reception (Van Scoyoc Associates, Penthouse, 800 Maine Ave SW, Washington, DC 20024
Michael P. Mills
Chief Operating Officer
American Transaction Processors Coalition
404.680.0176
michael@atpcoalition.com
1180 West Peachtree Street NW
Suite 1800
Atlanta, GA 30309
Angela Acampora
Angela@whitmerworrall.com
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Just like any other high-stakes transaction, you should know what you really are doing before signing around the dotted line. With regards to property, this is a great asset to assist you have the ability to earn some great decisions in everyday life, for you personally along with your family for a long time in the future. Go through this short article for helpful tips about buying property.
If you are attempting to make an arrangement on property, get it done moderately. Many individuals be overly aggressive simply to lose out ultimately. You may have a firm concept of what you would like to pay for, but allow the Realtor and lawyers possess some leeway.
Don't quit even when your offer is rejected, as much sellers will look for ways to really make it work. They may offer to pay for closing costs or necessary repairs before you transferring.
Obtain a checklist from the realtor. A great Realtor should be able to provide you with a list that covers the various steps of the transaction, from getting a the place to find getting approved for the mortgage. Using a list like this could be invaluable in coordinating everything to coincide with closing day.
Whenever you buy a property, extra funds ought to always be readily available for unexpected costs that will likely arise. Typically, closing costs incorporate your downpayment, property taxes for your year and points you need to pay on your own mortgage when buying the home. Frequently, closing costs include some items which have to do with the region that you are purchasing, like improvement bonds, school taxes, and so forth.
Plan in advance which questions you will ask your real estate professional. Be certain the questions you have are essential, like the quantity of homes they were in a position to sell within the particular area you're thinking about as well as the total quantity of homes they were in a position to sell previously year. Your agent must have all those answers for you personally!
Having taken enough time to understand more about purchasing property through this short article had been a great decision. A broker may help, but you need to depend on your judgment. Since you now have read through this article, you ought to be positive about making your property decisions. naplesfloridabroker.com/
"....In 2012, Jones took part in the 3rd Moscow International Biennial for Young Art at the Moscow Museum of Modern Art and the National Center for Contemporary Art in Moscow, Russia. Her work is also in the private collections of Deutsche Bank, Makers Mark, Arvin-Meritor, and the Coalition for the Homeless. Jones is the former Creative Director of Center for Neighborhoods, where she developed the P.A.I.N.T. Program (Producing Art in Neighborhoods Together)." Continue reading by clicking the following link: www.artebelladaily.org/artists/hallie-jones-2/
The Chicago Chapter of SIOR recently presented the 16th Annual Chapter Awards at an event held on March 27th at Gene and Georgetti’s in Rosemont, IL. Over 65 members and non-members attended the event.
For the full set of winners, go to:
def; leadership that motivates subordinates by rewarding them for high performace and reprimanding them for low performance.
-This image depicts a promotions recommendations sheet. This reflects a reward (the promotion) for people who the manager believes have performed highly. A promotion will motivate the employee to continue to perform highly.
spring/break art show exhibition (overall theme/concept of "transaction") co-curated by the sun that never sets (vanessa albury & rachel rampleman) with jennifer and kevin mccoy, march 2015.
A screen shot of one of the many features of Microsoft Dynamics GP (Great Plains)
Visit www.abouttmc.com or call 310.559.3982 for more information