The Telesto Decision: COFC’s Latest (and Most Novel) Take on OTA Jurisdiction
WilmerHale – Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when the Court of Federal Claims (COFC) has jurisdiction to consider a protest of a project under the Defense Department’s Other Transaction Authority (OTA). The decision analyzes the circumstances under which COFC may exercise jurisdiction over such challenges, introducing the concept of a “jurisdictional blackout” which specifies that the Court’s jurisdiction depends on the particular phase an OTA is in.
