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CommentCommunity

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. 

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Community Contacts

COMMUNITY / Other Transactions
Kristine Kassekert ([email protected]) - Community Leader
COMMUNITY / Other Transactions
Chris Hetz - Community Leader
COMMUNITY / Other Transactions
Tommie Lucius - Community Leader
COMMUNITY / Other Transactions
Kevin Linden - Community Owner

Feed / Other Transactions

Resource / Other Transactions
OT Reading Room
View Resource

Other Transactions Reading Room
 

Other Transactions Reading Room

DOD IG  Reports
GAO Reports
Agency Annual Reports and Program OT Examples
Articles
Related Authorities
Meeting and Documenting Statutory Requirements
Intellectual Property
Adaptive Acquisition Pathways and Other Transactions

 


 

Resource / Other Transactions
Other Transactions Laws, Cases, Decisions, Policies and Guidance
View Resource

 

Other Transactions Laws, Policy and Guidance
 


 

Laws

Current versions of the United States Code provisions related to other transactions. 

Regulations 

Court Cases (Including opinions and orders)

Protest Decisions

  • Hydraulics Int’l v. United States; No. 22-364 (Aug. 8, 2022). The Court of Federal Claims accepted jurisdiction over a production OT award but found in favor of the Government in denying the substantive claims made by the protester.
  • Kinemetrics, Inc. v. United States; No. 21-1626 (Sept. 10, 2021). The Court of Federal Claims found it had jurisdiction over the Commercial Solutions Opening because it was in connection with a procurement but denied protester’s claims challenging the Government’s award leveraging a Commercial Solutions Opening.
  • MD Helicopters, Inc. v. United States; No. 2:19-CV-02236-JAT (D. Ariz. Jan. 24, 2020). The protester filed a new action in federal district court in Arizona challenging the award, and the Dept. of Justice conceded district court jurisdiction under the Administrative Procedure Act, 5 USC § 701, based upon the conclusion that the Administrative Dispute Resolution Act did not repeal district court jurisdiction over non-procurement protests. Despite DOJ’s concession that the district court had jurisdiction, the district court dismissed the protest for lack of jurisdiction based on arguments made by the interveners.   
  • Space Exploration Techs. Corp. v. United States; No. 19-742C (Aug. 26, 2019). In a post-award bid protest, the Court of Federal Claims found it lacked jurisdiction over the award of a prototype OT because the terms of the specific award did not satisfy the requirement in the Tucker Act that it be “in connection with a procurement or proposed procurement” where the award was for a prototyping other transaction and expressly stated that the competition for a FAR-based production contract would be held subsequently and separately.  
  • ACC’s Hot Off the Press – COFC Decision in SpaceX

 

Other litigation documents referencing OTs

Post Government Employment/ Ethics Litigation

GAO Protest Decisions 

These are decisions related to DOD's OTA.  They do not include other agency protest decisions. 

GAO Fiscal Law Decisions
Policies

Current versions of DOD (including DPC) policy related to other transactions

See also https://www.acq.osd.mil/asda/dpc/cp/policy/other-policy-areas.html.

A consolidated version of these policies as of March 2024 has been pasted into a Word version so it is easily searchable.  Use at your own risk. 

Research OTs

Guidance

Current versions of the OT Guides

TJAGLCS' current version of the Contract Attorney Deskbook

Service Specific Guidance

Congressional Reporting
Legislative History
Archive

Prior versions of laws, policies and guidance

Document / Other Transactions
The curious case of the ignored prototype OT regulation
View Document
Document / Other Transactions
OTA Agreements Exploding in Popularity
View Document

Article published in July 1, 2019 issue of National Defense.

OTA Agreements Exploding in Popularity

Discussions / Other Transactions

Discussions / Other Transactions
Please do not use the discussion thread on the OT COP
0 Replies
View Discussion
QUESTION SCENARIO
March 5, 2024 - 12:35am

QUESTION

As of March 2024 no one is actively monitoring the discussion area of the OT COP.  The system does not generate a notice to the administrator.  

If you have a question, please email the DAU Learning Director for Other Transaction Authority. 

SCENARIO
COMMENTS
Discussions / Other Transactions
Additional Reporting Annual Data Call - Budget Line Item - Where is the Data Found?
0 Replies
View Discussion
QUESTION SCENARIO
January 17, 2024 - 06:10pm

QUESTION

Does anyone know or confirm that the RM/BFM/Comptroller is the one to provide the budget line item data required for the additional reporting annual data call found in the OTA Guide for Office of the Under Sec of Defense for ACQ & Sustainment? Working this annual report and have a roadblock in locating the Budget Line Items. We have requested the data from the finance side but they do not know what we are asking for. I believe these are the budget line items addressed in the DOD FMR. 

 

Any information about this subject (maybe we can share will the finance side if it is their responsibility) would be greatly appreciated. 

SCENARIO
COMMENTS
Discussions / Other Transactions
10 USC 4023 (Formerly 2373)
0 Replies
View Discussion
QUESTION SCENARIO
COMMENTS
Discussions / Other Transactions
Agreement Officer's Representative Training Requirements
1 Replies
View Discussion
QUESTION SCENARIO
June 6, 2023 - 10:44am

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
COMMENTS
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.    

Discussions / Other Transactions
Prize Authority
1 Replies
View Discussion
QUESTION SCENARIO
May 5, 2023 - 03:49pm

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
COMMENTS
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

DARPA OT Training
View Event
The DARPA Contracts Management Office (CMO)
will be providing comprehensive training on the proper use and nuances of
Other Transactions February 7 (8am-4pm EST) - February 8 (8am-12pm EST).
This day and a half training will discuss not only the history and
perimeters of the OT statutes, but best practices and lessons learned in
their use. 
 
 
This training will be held virtually and both Government employees and contractors are welcome to attend.  Training is open to anyone within the DoD community who would like to attend (both government and contractors).
Attendees may attend for the entire training, or any part that interests them. 
Once registration is open, you can register at the link below.  Once  the registration is received, the individual will receive an email confirmation and the Zoom  link will be sent to them shortly before the training date. 
 If there are any questions about the training, please send them to [email protected] <mailto:[email protected]> . 
 
DARPA Acquisition Innovation
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Event Registration
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Events Registration
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Events Registration
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Event Registration
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Event Registration
OT Counsel Corner
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 to information on a timely topic and then have the opportunity to ask a question or weigh in as part of a response.  

This series is intended to facilitate conversations among federal employees.  Contractor employees, in-house and private sector counsel should contact the DAU Learning Director for Other Transactions before registering.

This target audience for this series is counsel with the goal to be able to share ideas and lessons learned.  If you are not counsel (but are a federal employee), you are welcome to attend and ask questions. However, information obtained through the OT Counsel Corner does not substitute for legal advice from your assigned attorney. 

DAU Events Registration
OTA Today
View Event

The OTA Today webinar series addresses topics relevant to the OT community. 

DAU Events Registration

Announcements / Other Transactions

Community Announcement / Other Transactions
OUSD R&E Released Guide to Research OTs on June 2, 2023
View Announcement

​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

Community Announcement / Other Transactions
Interview with Maj. Ben Leaf
View Announcement

​Strategic Instituted conducted an interview with Maj. Ben Leaf for their podcast, "Effectively Utilizing Other Transactions: A Program Manager's Perspective" available here: 

https://strategicinstitute.org/podcast/ots-program-manager/


Community Announcement / Other Transactions
ICAP Fellow Application Period Now Open
View Announcement

Applications being accepted from now through July 7th. For more information see: 

https://www.diu.mil/latest/the-defense-innovation-unit-and-the-defense-acquisition-university-launch?utm_source=WEbsite&utm_medium=LinkedIn&utm_campaign=ICAP&utm_id=ICAP%202023

Resources / Other Transactions

Community Resource / Other Transactions
OT Reading Room

Other Transactions Reading Room
 

Other Transactions Reading Room

DOD IG  Reports
GAO Reports
Agency Annual Reports and Program OT Examples
Articles
Related Authorities
Meeting and Documenting Statutory Requirements
Intellectual Property
Adaptive Acquisition Pathways and Other Transactions

 


 

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Community Resource / Other Transactions
Other Transactions Laws, Cases, Decisions, Policies and Guidance

 

Other Transactions Laws, Policy and Guidance
 


 

Laws

Current versions of the United States Code provisions related to other transactions. 

Regulations 

Court Cases (Including opinions and orders)

Protest Decisions

  • Hydraulics Int’l v. United States; No. 22-364 (Aug. 8, 2022). The Court of Federal Claims accepted jurisdiction over a production OT award but found in favor of the Government in denying the substantive claims made by the protester.
  • Kinemetrics, Inc. v. United States; No. 21-1626 (Sept. 10, 2021). The Court of Federal Claims found it had jurisdiction over the Commercial Solutions Opening because it was in connection with a procurement but denied protester’s claims challenging the Government’s award leveraging a Commercial Solutions Opening.
  • MD Helicopters, Inc. v. United States; No. 2:19-CV-02236-JAT (D. Ariz. Jan. 24, 2020). The protester filed a new action in federal district court in Arizona challenging the award, and the Dept. of Justice conceded district court jurisdiction under the Administrative Procedure Act, 5 USC § 701, based upon the conclusion that the Administrative Dispute Resolution Act did not repeal district court jurisdiction over non-procurement protests. Despite DOJ’s concession that the district court had jurisdiction, the district court dismissed the protest for lack of jurisdiction based on arguments made by the interveners.   
  • Space Exploration Techs. Corp. v. United States; No. 19-742C (Aug. 26, 2019). In a post-award bid protest, the Court of Federal Claims found it lacked jurisdiction over the award of a prototype OT because the terms of the specific award did not satisfy the requirement in the Tucker Act that it be “in connection with a procurement or proposed procurement” where the award was for a prototyping other transaction and expressly stated that the competition for a FAR-based production contract would be held subsequently and separately.  
  • ACC’s Hot Off the Press – COFC Decision in SpaceX

 

Other litigation documents referencing OTs

Post Government Employment/ Ethics Litigation

GAO Protest Decisions 

These are decisions related to DOD's OTA.  They do not include other agency protest decisions. 

GAO Fiscal Law Decisions
Policies

Current versions of DOD (including DPC) policy related to other transactions

See also https://www.acq.osd.mil/asda/dpc/cp/policy/other-policy-areas.html.

A consolidated version of these policies as of March 2024 has been pasted into a Word version so it is easily searchable.  Use at your own risk. 

Research OTs

Guidance

Current versions of the OT Guides

TJAGLCS' current version of the Contract Attorney Deskbook

Service Specific Guidance

Congressional Reporting
Legislative History
Archive

Prior versions of laws, policies and guidance

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Community Resource / Other Transactions
OT Samples

Other Transactions Samples and Resources 

 

Other Transactions Samples 
 

Solicitations, Terms and Conditions and Supporting Documents

 

Solicitations
Agreement Terms and Conditions
Supporting Documents

 

 

 


 

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Community Resource / Other Transactions
Solicitations

Solicitation1.jpeg

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Community Resource / Other Transactions
Communities

OT Related Communities of Practice​

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Community Resource / Other Transactions
Purpose and Type of OTs

Purpose and Type of OTspurpose-type.jpg

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Community Resource / Other Transactions
ACQuipedia Articles

​This page contains links to informative ACQuipedia articles related to Other Transactions.



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Documents / Other Transactions

The curious case of the ignored prototype OT regulation
Document Type:
Document
Modified: Changed by Kassekert, Kristine on
Summary

Blog post updated April 2024

OTA Agreements Exploding in Popularity
Document Type:
Page Link
Modified: Changed by Lucius, Tommie on
Summary

Article published in July 1, 2019 issue of National Defense.

DARPA’s ‘AI Next’ Program Bearing Fruit
Document Type:
Page Link
Modified: Changed by Lucius, Tommie on
Summary

Article describing DARPA's AI Next initiative and the use of OTs for "Artifical Intelligence Explorations."

So Many Innovation Hubs, So Hard to Find Them
Document Type:
Page Link
Modified: Changed by Lucius, Tommie on
Summary

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

Embracing Other Transactions
Document Type:
Page Link
Modified: Changed by Lucius, Tommie on
Summary

Defense Pricing and Contracting holds OT Round Table in San Diego August 13-15, 2019

Sample 4023 Award
Document Type:
Document
Modified: Changed by Kassekert, Kristine on
Summary

This award is based on DOD's authority and released pursuant to a FOIA request. 

DAF Contract Policy Memo 24-C-04 (Mar 2024)
Document Type:
Document
Modified: Changed by Kassekert, Kristine on
Summary
DAF Alternative Authorities Guide
Document Type:
Document
Modified: Changed by Kassekert, Kristine on
Summary
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