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Other Transactions

The Other Transactions Community of Practice (aka the OT CoP) is designed to be your destination of choice for information regarding Other Transactions within the Department of Defense. At the OT CoP, you will find information regarding the history of OTs; links to statutes, policies, and guidance relative to OTs; access to OT training; information about upcoming OT events; and lessons learned from others in the OT community. You also will find a forum where you can ask OT subject matter experts and other members of the OT community questions pertinent to your specific OT matters. As a member of the OT CoP, you can also share your knowledge and experiences with others. 

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Community Contacts

COMMUNITY / Other Transactions
Kevin Linden - Community Owner
COMMUNITY / Other Transactions
Kristine Kassekert - Community Leader
COMMUNITY / Other Transactions
Catherine Miller - Community Leader

Feed / Other Transactions

Resource / Other Transactions
Congratulations at 100!
View Resource

 by Kristine KasseKert

CCON 023, the Other Transaction Authority (OTA) Credential, went live on October 31, 2022. On August 16, 2023 the batch of students who completed the credential requirements put the total number of students who have earned the OTA Credential over 100.

Congratulations!

Thanks to all of the approximately 400 of you who have signed up for the credential. Extra kudos to those of you who have taken the time to provide feedback through our surveys. We know we've had some growing pains getting CON 2990 on the schedule to meet demand, and it's been a heavy lift to update these courses in real time to address the FY 23 NDAA, the updated OT Guide and the Guide to Research Other Transactions as well as your comments. But we appreciate your interest and commitment to helping us improve the student experience more than you know.

Here's to the next 100!

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November 15, 2023
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LAST MODIFIED:
November 15, 2023
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Discussions / Other Transactions
10 USC 4023 (Formerly 2373)
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Registration Now Open for Advanced Issues in OTA Workshop
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DAU’s OT Team is excited to announce that registration is now available for WSC 035, Advanced Issues in Other Transaction Authority (OTA), an all-day in-person workshop at Ft. Belvoir, VA on December 6, 2023 targeted to the issues faced by experienced OT practitioners.  The intended audience is the Government team, including members from contracts, program, legal and finance among others. 

This workshop is comprised of a series of panels addressing how to effectively use OTA with acquisition pathways (see DAU Adaptive Acquisition Framework Pathways), practical issues in using the 10 U.S.C. 4022(f) authority for follow-on production contracts and awards and contract administration challenges.  Attendees will have opportunities to network with OT subject matter experts as well as their fellow attendees. Our objective is to facilitate lessons learned among attendees and presenters who may express their views freely and without concern for possible attribution.  For this workshop there is no virtual option and this workshop will not be recorded.

Registration is open to the first 100 students.  To register, go to WSC 035 in DAU's iCatalog and click on the individual enrollment icon on the top right of the page.  Once you log in, you can scroll down to the offering on 6 December, click the “View Details” button and then “Request” registration.  There is no charge for this workshop, but registration is required.

We can’t wait to see you there! 

To register, go to WSC 035 in DAU's iCatalog
Resource / Other Transactions
OT Laws, Policies & Guidance
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Other Transactions Laws, Policy and Guidance

Other Transactions Laws, Policies and Guidance

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September 1, 2023
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LAST MODIFIED:
September 17, 2023
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DOCUMENT ID:
CONTRIBUTION TYPE:
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Discussions / Other Transactions

10 USC 4023 (Formerly 2373)
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QUESTION SCENARIO
Agreement Officer's Representative Training Requirements
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QUESTION SCENARIO
QUESTION

​I am looking for any federal or DoD policy/regulation/guidance that articulates the training requirements for Agreement Officer's Representive (AOR). It is my understanding that AOR roles and responsibilities are similar to Contracting Officer's Representatives (COR) roles and responsibilities on FAR contracts. DoDI 5000.72 specifies training for CORs but is silent on AORs. 

Does anyone know if there is official guidance on AOR training requirements?

SCENARIO
Content Author… June 30, 2023 - 03:22pm

There is no federal or DOD-wide guidance on training requirements for Agreements Officer Representatives.  Unlike FAR-based contracts where the Contracting Officer Representative's role is prescribed, there are a broad range of possible duties for an AOR that may be in addition to those of a COR or that are inapplicable. Thus, the AOR appointment letter needs to be tailored to the specific opportunity.  There is also a variety of approaches to AOR training - some organizations have required the AORs to be COR-certified under the FAR-based requirements, where others have tailored training to a specific opportunity.    

Prize Authority
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QUESTION SCENARIO
QUESTION

​The OT guide and training list prize authority as a means of competition for OTs.  However, this is under a different authority, 10 USC 4025.  How does this work when they are two separate and distinct authorities with different competition requirements? 

SCENARIO
Content Author… May 9, 2023 - 09:54am

In this case, you can use the prize authority competition to satisfy the prototype OT authority competition requirement.  The prize authority statute, 10 USC 4025(b), sets forth the competition requirement as "[e]ach program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes and for the selection of recipients of procurement contracts and other agreements. The process shall include the widely-advertised solicitation of submissions."   The prototype OT competition requirement in 10 USC 4022 is that the Government use "competitive procedures" to the "maximum extent practicable."  By using the prize statute's "competitive process", that is " widely advertising the solicitation of submissions," the Government could satisfy 10 USC 4022's requirement to use "competitive procedures." 

Note that in order to make a follow-on production award under 10 USC 4022(f) the Agreements Officer would need to leverage the 10 USC 4022(a) authority in addition to the prize authority to conduct the competition.  

Events / Other Transactions

Registration Now Open for Advanced Issues in OTA Workshop
View Event

DAU’s OT Team is excited to announce that registration is now available for WSC 035, Advanced Issues in Other Transaction Authority (OTA), an all-day in-person workshop at Ft. Belvoir, VA on December 6, 2023 targeted to the issues faced by experienced OT practitioners.  The intended audience is the Government team, including members from contracts, program, legal and finance among others. 

This workshop is comprised of a series of panels addressing how to effectively use OTA with acquisition pathways (see DAU Adaptive Acquisition Framework Pathways), practical issues in using the 10 U.S.C. 4022(f) authority for follow-on production contracts and awards and contract administration challenges.  Attendees will have opportunities to network with OT subject matter experts as well as their fellow attendees. Our objective is to facilitate lessons learned among attendees and presenters who may express their views freely and without concern for possible attribution.  For this workshop there is no virtual option and this workshop will not be recorded.

Registration is open to the first 100 students.  To register, go to WSC 035 in DAU's iCatalog and click on the individual enrollment icon on the top right of the page.  Once you log in, you can scroll down to the offering on 6 December, click the “View Details” button and then “Request” registration.  There is no charge for this workshop, but registration is required.

We can’t wait to see you there! 

To register, go to WSC 035 in DAU's iCatalog
New Year's Day
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Federal Offices Closed

(No OT Huddle in December)
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Have an OT question? We might have an answer! Join DAU’s OT subject matter experts during office hours where they will connect people, ideas, resources, and information. Please note: This series will not be recorded and is not eligible for CLPs.

( No OT Counsel Corner in December - Enjoy your holidays!)
View Event

Did you go to law school and never hear the words “other transaction”? Or are you working in a group that doesn’t have expertise in other transactions and want a sanity check on what 10 U.S.C. 4022 means? Are you interested in hearing how the lawyers approach an OT issue? Set aside this hour once a month to spend with the DAU Learning Director for Other Transactions and attorneys from The United States Army Judge Advocate General’s School. Plan to listen for the first 10 minutes to information on a timely topic and then take advantage of the opportunity to ask a question or weigh in as part of a response. Please note: Information obtained through DAU does not substitute for legal advice from your assigned counsel. This series will not be recorded and is not eligible for CLEs or CLPs. This series is intended to facilitate conversations with federal employees; contractor employees, in-house and private sector counsel should contact the DAU LD for Other Transactions before attending. This is not a secure platform and not appropriate for attorney-client privileged or classified conversations (but you may meet a colleague that you can follow up with in an appropriate environment later!).

OT Counsel Corner
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Enjoy your holiday break!

(No OT Huddle)
View Event

We'll be on holiday break - you should be too!

CON 2880 Neg-OTA-tions 101
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2 hour overview of OTs with assessment

Christmas
View Event

Federal Offices Closed

Announcements / Other Transactions

Community Announcement / Other Transactions
DARPA OT Training June 28-29 (Must register by June 23)
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Register online: https://web.cvent.com/event/66188f43-a535-440d-9064-aa8f808b330c/regProcessStep1

DARPA's Contract Management Office will be holding comprehensive Other Transactions (OT) training on June 28-29, 2023. This training will provide a detailed overview of the history and evolution of this innovative and flexible authority as well specific sections covering common issues that arise during the planning, negotiation, and maintenance of an OT agreement. OT agreements are very different from traditional procurement contracts, grants or cooperative agreements and offer the possibility for negotiation in every aspect of the agreement. Program managers, especially those new to the government or to DARPA, would find the overview on the first day to be helpful, since it will discuss how the unique aspects of OTs can help plan programs differently and attract industry performers who might ordinarily avoid working with the federal government.

This training will be held virtually. Registration is required not later than Friday, June 23.

Community Announcement / Other Transactions
SASC AND HASC RELEASE TEXT OF FY23 NDAA AGREEMENT
View Announcement

Among other things, the NDAA codifies the term "prototype" as defined in the OT Guide for purposes of 10 U.S.C. 4022, and authorizes Pilot Authority for the use of OTs for Installation or Facility Prototyping.

​https://www.armed-services.senate.gov/press-releases/sasc-and-hasc-release-text-of-fy23-ndaa-agreement

Community Announcement / Other Transactions
OUSD R&E Released Guide to Research OTs on June 2, 2023
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​On June 2, 2023, OUSD R&E released the Guide to Research Other Transactions Under 10 U.S.C. 4021.  This guidance replaces the previous regulatory regime (that is, the DoDGARS no longer apply to Research OTs). 

Community Announcement / Other Transactions
WSC 028 and WSC 029 Listed as Equivalent Courses for CON 2880 and CON 2990
View Announcement

Question: I took WSC 028 Neg-OTA-tion 101 and WSC 029 the OT Simulation Workshop between September 1, 2020 and November 1, 2022.  Do I have to take CON 2880 and CON 2990 to earn the OTA Credential? 

Answer: No.  WSC 028 and WSC 029 are listed as equivalent courses and you may go through your service representative to update your courses in CSOD.  Here's what you need to know:

Image removed.

The DAU Equivalency Program is described online at Defense Acquisition University Equivalency Program (dau.edu).  Click on the "Other DoD/Fed. Agencies" tile in the middle of the page and it will provide you with a list of equivalent courses.  Neg-OTA-tion 101 is approved for 2880, and the OTA Simulation Workshop has been approved for 2990.  

Image removed.To request credit appear in CSOD, please contact your service representative and have them update their systems.  If you don't know who your service representative is, click on the appropriate tile on the upper right corner at Defense Acquisition University Equivalency Program (dau.edu).

Image removed.In the meantime, please go ahead and apply for the OTA Credential, CCON 023, at CCON 023 Other Transaction Authority (OTA) Credential (dau.edu).  Many of you have already completed CCL 066, an online course available at any time.  By applying for the credential you should be able to access the two remaining videos required for the credential.

 

Community Announcement / Other Transactions
Sample Assessment Team Brief Available under "Tools and Checklists"
View Announcement

​Best practice is to make sure that anyone with access to proprietary information is aware of the restrictions on releasing that information prior to their participation in the assessment of a prototype.  This is the shell of a sample brief to use as a starting point.  Note that this is intended for use with federal employees (not contractors), must be tailored to the particular OT, and should be reviewed by counsel prior to use. 

This sample is available under the "Tools and Checklists" heading on the left side of the screen. 

Community Announcement / Other Transactions
Title 10 United States Code Renumbering
View Announcement

Did you go to check your favorite Title 10 section only to find it missing?  Don't fret - two resources to assist you in locating them:  

Crosswalk Documents with a list of the old and new numbers: https://www.acq.osd.mil/asda/ae/title-10-reorganization.html

Federal Register Notice with Updates by FAR Section (effective December 31, 2022): https://www.federalregister.gov/documents/2022/12/01/2022-25958/federal-acquisition-regulation-update-to-title-10-citations

Community Announcement / Other Transactions
Upcoming OT Counsel Corner and OT Huddle
View Announcement

​Registration is now available for the June 1 OT Counsel Corner and the June 6th OT Huddle! 

The OT Counsel Corner hosts Ms. Azza Jayaprakash from the DOD IP Cadre to discuss IP in OTs at 3 pm on Thursday, June 6th.  Federal employees may register online at https://www.dau.edu/event/OT_Counsel_Corner_IP_in_OTs

In follow-up to the questions posed during the last OT Huddle , the June 6th session at 2 pm will focus on the experimental purposes authority in 10 USC 4023 and be led by Renee Stahl and Mike Clark. Registration is free and available online at https://www.dau.edu/event/OT_Huddle_6_6.

Community Announcement / Other Transactions
Update Regarding Executive Order 14042 (October 19, 2022)
View Announcement

Consistent with the October 14, 2022 notification from the Office of Management and Budget (“OMB”) and the Safer Federal Workforce Task Force (“Task Force”) below, OMB has issued guidance to agencies concerning the implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Sept. 9, 2021). Despite the lifting of the nationwide bar to enforcement on October 18, 2022, at this time agencies should not: (1) take any steps to require covered contractors and subcontractors to come into compliance with previously issued Task Force guidance; or (2) enforce any contract clauses implementing Executive Order 14042. To allow time to develop advice and processes for meeting agencies’ obligations under Executive Order 14042 and applicable court orders, agencies should follow the instructions provided in the OMB guidance.  See the full announcement at For Federal Contractors | Safer Federal Workforce

Resources / Other Transactions

Community Resource / Other Transactions
Congratulations at 100!

 by Kristine KasseKert

CCON 023, the Other Transaction Authority (OTA) Credential, went live on October 31, 2022. On August 16, 2023 the batch of students who completed the credential requirements put the total number of students who have earned the OTA Credential over 100.

Congratulations!

Thanks to all of the approximately 400 of you who have signed up for the credential. Extra kudos to those of you who have taken the time to provide feedback through our surveys. We know we've had some growing pains getting CON 2990 on the schedule to meet demand, and it's been a heavy lift to update these courses in real time to address the FY 23 NDAA, the updated OT Guide and the Guide to Research Other Transactions as well as your comments. But we appreciate your interest and commitment to helping us improve the student experience more than you know.

Here's to the next 100!

CREATED:
November 15, 2023
BY:
Zhang, Qun
LAST MODIFIED:
November 15, 2023
BY:
Zhang, Qun
View Resource
Community Resource / Other Transactions
OT Laws, Policies & Guidance

Other Transactions Laws, Policy and Guidance

Other Transactions Laws, Policies and Guidance

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September 1, 2023
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LAST MODIFIED:
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Community Resource / Other Transactions
OT Reading Room

Other Transactions Reading Room

Other Transactions Reading Room

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Community Resource / Other Transactions
OT Learning Center

Other Transactions Learning Center

Other Transactions Learning Center

Here you can find training information

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September 1, 2023
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Community Resource / Other Transactions
OT Samples

Other Transactions Samples and Resources

Other Transactions Samples & Resources

Solicitations, Agreements, Terms and Conditions

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Community Resource / Other Transactions
Statutes

Statutes.jpeg

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Community Resource / Other Transactions
Education and Training
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Community Resource / Other Transactions
Solicitations

Solicitation1.jpeg

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September 1, 2023
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Documents / Other Transactions

OCIs and OTs
Document Type:
Document
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

LTC Hong presentation slides for OT Counsel Corner 2 Feb 2023

Congress OT Reporting Requirements, Section 825
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Document
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

PROCEDURES FOR IDENTIFYING CERTAIN ACQUISITION AGREEMENTS AND ACTIVITIES.—The Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards: (1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code

DOD INSTRUCTION 5010.44 INTELLECTUAL PROPERTY (IP) ACQUISITION AND LICENSING
Document Type:
Page Link
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

DOD INSTRUCTION 5010.44 INTELLECTUAL PROPERTY (IP) ACQUISITION AND LICENSING, effective October 16, 2019

Follow on Production Snapshot
Document Type:
Document
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

Factors for entering into Follow on Production

10 USC 2373
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Document
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

10 USC 2373 authorizes procurements for experimental purposes. This authority is separate from OT authority. You will NOT award an OT under this authority. You may call the instrument you award under this authority by a new name you create yourself.

AFWEX 2022 Program Overview
Document Type:
Document
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

AFWERX 2.0 Program Overview Building on a foundation of AFà0ªå 1.0, the team identified several opportunities to amplify the early successes. 2021 represents the first year in which the restructured AFà0ªå now includes the following five Department of the Air Force innovation organizations: 1) SpaceWERX; 2) Air Force SBIR/STTR; 3) AFVentures; 4) AFWERX 1.0 (now Spark); and 5) Agility Prime (now Prime). AFWERX operates as part of the Air Force Research Laboratory, but reports to the Service Acquisition Executive with additional guidance from a board of directors. While mergers are not easy, the integration of these different capabilities into one AFWERX creates phenomenal synergies for the mission of accelerating agile and affordable capability transitions to the field, by teaming innovative technology developers with Airman and Juardian talent. àith this restructuring, AFWERX is now postured to build the team with a deliberately-developed innovation corps to meet the mission demand. If properly designed, AFWERX can leverage emergent technologies for Department of the Air Force priorities even though commercial markets are often driving the creation of these technology solutions. The benefit of dualٌ use is that industry has often begun to align new technologies to emerging markets–innovators are already developing the solutions and often have substantial private funding. As such, dual-use technologies can frequently be procured faster and more affordably than defense-driven technologies. To leverage these emerging technology solutions, AFWERX does not dictate requirements in a traditional manner. Instead, AFWERX helps align and shape emerging technologies to Department of the Air Force problems in a way that can accelerate commercial markets and military adoption. Collaboration that propels the American and allied innovation ecosystems could yield vast savings for the taxpayer while creating great leaps in advanced capabilities for the security and prosperity of the nation. This report shows the ongoing steps in that collaboration.

Hydraulics decision, Court of Federal Claims
Document Type:
Page Link
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

The Court of Federal Claims exercised jurisdiction over an other transaction award pursuant to the Tucker Act. COFC granted the government's motion for judgment on the administrative record, finding that the Government's evaluation of the plaintiff's proposal and best value determination were rational.

So Many Innovation Hubs, So Hard to Find Them
Document Type:
Page Link
Modified: Changed by Content Author No Reply on September 1, 2023
Summary

Article from 9/11/2019 Government Executive magazine about difficulties startups face breaking into government business.

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