Scott Flesch discussed the evolving legal standards for bid protest litigation involving Other Transaction Authority (OTA) agreements. He addressed the implications of two conflicting rulings from the U.S. Court of Federal Claims, which produced inconsistent thresholds for judicial review depending on the procurement's phase and the presiding judge. Flesch cautioned that, absent clear guidance from Congress or the Federal Circuit, this uncertainty leaves contractors and their legal counsel assessing each OTA protest "judge specific." Flesch explained, "The bar, as well as government contractors, are left with looking at the facts of each [OTA] procurement...to assess whether or not there's a venue to even challenge under the bid protest authority of the court."