Lapse in SAM Registration Proves Fatal Despite Court’s Expansion of Bid Protest Jurisdiction to Other Transaction Contracts

Miller & Chevalier – The Court of Federal Claims recently issued a decision that found (1) the Court has bid protest jurisdiction over solicitations for follow-on production contracts issued using Other Transaction (OT); and (2) the FAR's System for Award Management (SAM) continuous registration requirement applies to, and can defeat standing in, non-FAR-based acquisitions when the solicitation makes the regulation a mandatory eligibility requirement.