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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. 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. 

Members

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Community Contacts

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

Feed / Other Transactions

Discussions / Other Transactions
Additional Reporting Annual Data Call - Budget Line Item - Where is the Data Found?
0 Replies
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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. 

Congratulations at 100!
View Event

 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!

Discussions / Other Transactions
10 USC 4023 (Formerly 2373)
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OT Laws, Policies & Guidance
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Other Transactions Laws, Policy and Guidance

Other Transactions Laws, Policies and Guidance

Discussions / Other Transactions

Additional Reporting Annual Data Call - Budget Line Item - Where is the Data Found?
0 Replies
View Discussion
QUESTION SCENARIO
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
10 USC 4023 (Formerly 2373)
0 Replies
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QUESTION SCENARIO
Agreement Officer's Representative Training Requirements
1 Replies
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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
1 Replies
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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

No content available.

Announcements / Other Transactions

Community Announcement / Other Transactions
Interim Report, Commission on Planning, Programming, Budgeting and Execution Reform (Aug 2023)
View Announcement

The interim report mentions the lack of awareness of OTs: ​

"6. Lack of awareness of innovative new authorities and practices.

Executive and Legislative branch personnel engaged in PPBE sometimes lack knowledge of changes in fiscal and program authorities, sometimes due todelayed updates to policies and guidance such as the FMR, which creates ambiguity and hinders scale of use. Several interviewees expressed concernabout whether relevant personnel in the acquisition and contractor communities are even aware of the innovative authorities that may be available to them. Incentive structures for DoD personnel also sometimes reward them for being risk averse and disincentivize use of new or underused approaches,such as Other Transaction Authority or Middle Tier of Acquisition (MTA) pathway, though in recent years DoD leaders have strongly emphasized the importance of innovation. Despite this emphasis, there have been challenges in realizing the use of flexible authorities to support innovation. The GAO found that while flexibilities exist, “DoD has not broadly communicated information about available financial flexibilities throughout the agency.”

Full report available online at https://ppbereform.senate.gov/interimreport/


Community Announcement / Other Transactions
DARPA OT Training Feb 8-9
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​DARPA will be holding another 1 1/2 day virtual OT training session on February 8-9, 2023.  Registration available at https://acquisitioninnovation.darpa.mil/

Community Announcement / Other Transactions
Mr. Tenaglia Comments on OT Guide on Federal News Network
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How to keep new policy from making procurement less efficient | Federal News Network

***Excerpt Below ***

Tom Temin: Sure. Understood. All right. So give us some examples of a policy that could be reflected in price finance costing all of these issues.

John Tenaglia: Let me talk about just the week before last we issued guidance on the use of other transaction authority. That's a non-FAR-based authority.

Tom Temin: Yep.

John Tenaglia: And so this is an opportunity to somewhat normalize how other transaction agreements are executed across the department. But the balancing act we're taking there is not wanting to impose a FAR-like regulatory regime on the use of the transaction authority.

Tom Temin: Yeah, you would kill the goose.

John Tenaglia: Right. Exactly. So but we also want to demonstrate to the Congress that we're responsibly using that authority in most cases for prototypes, potentially for follow-on production. But there are some aspects to transparency of those transactions that we want to make sure that's captured. So we're not going to have a standard slate of terms and conditions for OT agreements like we have in FAR and D-FAR. But we do want to have some reporting and understanding of where those dollars are going. And also, we're recognizing the consortium style with its most recent issuance. You know, many of the components across the department are using consortium style of the transaction authority, providing some guidance about how that's done in an optimal way.

Tom Temin: Yeah. On some of the energetics, there's a big consortium around that for the Defense Department is a couple of these different consortia going and they kind of are a abstraction, layer and sourcing, right, for the D.O.D. So you've got to know what's happening under that layer.

John Tenaglia: Yeah. So that's one great example. And so we want to make sure that people are aware of that because there's a tendency to recreate some of these things. The department is a very large institution and we want to make sure that through communities of practice, people understand where they can access existing consortia.

 

 



Community Announcement / Other Transactions
USSOCOM Non-FAR Acquisition Tools Training (Jan 18-19, 2023)
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More information and registration available online at https://events.sofwerx.org/nonfar/ 

In person attendance is preferred, but there will be a virtual component.  RSVP no later than Jan 11, 2023.


SOFWERX, in collaboration with USSOCOM, will host a Non-FAR Acquisition Tools Training to include Other Transaction Authority (OTA), Middle Tier Authority (MTA) and Partnership Intermediary Agreements (PIA), led by Strategic Institute, with the goal to educate Government customers on how to utilize non-FAR contracting mechanisms as well as commercial Business to Business (B2B)/Research and Development (R&D) agreements through SOFWERX.


Community Announcement / Other Transactions
OUSD A&S Releases Updated DOD OT Guide
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​It's a big day for OT practitioners!  Today is the day that three years' worth of work by many dedicated folks is realized with the issuance of the new DOD OT Guide. The new DOD OT Guide replaces the 2018 version. You can find it on the DAU OT Community of Practice, as well as the following: 

Policy Vault:

https://www.acq.osd.mil/dpap/ops/policy_vault.html

Memorandum:

https://www.acq.osd.mil/dpap/policy/policyvault/USA001199-23-DPC.pdf 

Website:

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

(scroll down to Other Transactions)


Community Announcement / Other Transactions
Defense Department Launches Innovation Pathways Website
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Defense Department Launches Innovation Pathways Website (Dec 9, 2022)

​https://www.defense.gov/News/Releases/Release/Article/3241544/defense-department-launches-innovation-pathways-website/


The DoD announced today significant updates to the Innovation Pathways website that will allow it to serve as a "one-stop shop" for learning how to deliver innovation to the DoD. Located at www.ctoinnovation.mil, this site serves as a gateway for industry, small businesses, students, universities, and other organizations within the Department itself to discover opportunities with DoD organizations and affiliate programs involved in research and development.

Community Announcement / Other Transactions
Looking for Flexibilities to Address R&D and Emerging Needs?
View Announcement

GAO released "RESEARCH AND DEVELOPMENT: DOD Benefited from Financial Flexibilities but Could Do More to Maximize Their Use" (June 2023). The report describes five flexibilities available to DOD.   According to the report, "the flexibilities’ use allowed [DOD] to address R&D and emerging needs more quickly by avoiding certain steps in the PPBE process. Agency officials stated that, because the PPBE process can take several years to make funds available for use, innovation opportunities or emerging needs can be difficult to address."  

The full report is available online at: https://www.gao.gov/assets/gao-23-105822.pdf.

Community Announcement / Other Transactions
The Value Proposition of Consortia in Other Transactions: A Discussion of the Data and the Experience
View Announcement

Register online for the next installment of OTA Today at https://www.dau.edu/event/OTA_Today_Value_Proposition_Consortia_Other_Transactions


DAU hosted the authors of "The Power of Many – Leveraging Consortia to Promote Innovation, Expand the Defense Industrial Base, and Accelerate Acquisition" to share their findings from the most comprehensive study of DoD's use of consortia for other transactions to date.  Watch the presentation of their findings, and then join OTA Today for a discussion with Government practitioners to discuss the report and share their experiences choosing OT models, negotiating with consortia and administering OT awards through consortia. 

Event Details:
Date: January 11, 2023
Time: 12pm - 1:30pm (Eastern) 9am - 10:30am (Pacific)
CLPs: 1.5

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!

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Community Resource / Other Transactions
OT Laws, Policies & Guidance

Other Transactions Laws, Policy and Guidance

Other Transactions Laws, Policies and Guidance

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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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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
Past Webinar Artifacts

Other Transactions pngwing.com (2).png

Past Training Materials​

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Community Resource / Other Transactions
DAU OTA Training
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Community Resource / Other Transactions
Selection and Negotiation of Terms

terms.jpg Selection and Negotiation of Terms

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Documents / Other Transactions

DOD Other Transactions Guide
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DOD OT Guide issued by OUSD A&S July 2023 (replaces 2018 version of teh DOD OT Guide)

Prototyping Using Other Transactions: Case Studies for the Acquisition Community
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2020 RAND report available online at https://www.rand.org/content/dam/rand/pubs/research_reports/RR4400/RR4417/RAND_RR4417.pdf Researchers reviewed the U.S. Air Force's recent experience with using the authority for other transactions for prototype projects (OTs). This authority allows the U.S. Department of Defense to develop prototypes outside of most federal laws and regulations governing contracts, grants, or cooperative agreements. Through literature reviews, interviews, and case studies, researchers reviewed recent U.S. Air Force experience in using this authority, identifying lessons for acquisition professionals and improvements for use. Participants from the cases stated that OTs provide a number of flexibilities not inherent in Federal Acquisition Regulation procurements, such as allowing for more freedom to communicate with industry, tailoring solicitations and agreements, and working under conditions acceptable to nontraditional firms. Effective OT teams respond to this flexibility by engaging in a more commercial-like manner with industry while still applying an appropriate level of discipline. However, challenges with the effective use of OTs remain. Compliance-based training methods are insufficient, and establishing institutional knowledge is difficult. Further, a compliance-based contracting culture results in personnel discomfort with necessary risk-taking. The Air Force might be able to mitigate such challenges by developing case-based training that focuses on problem-solving, facilitating OT information sharing, and strategically managing the OT workforce to include mentoring programs and provide for broader experience. To fully leverage such changes, the Air Force should continue to work toward shifting its culture to ensure that personnel using OTs are rewarded for their willingness to take risks to accomplish the mission using sound judgment.

Required and Recommended Use of eBusiness Tools When Awarding and Administering Other Transactions
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This memorandum provides a list of required and recommended eBusiness tools for use with Other Transaction agreements. USA000647-22-DPC. Specifically, the required tools include FPDS, SAM, the Government-Furnished Property Module (if applicable), WAWF, EDA, and the Purpose Code Module. Recommended (but not required) tools include: SAM Contract Opportunities/GPE and the Solicitation Portal in DoD's PIEE.

Market Intelligence - Thinking Like a VC
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Market Intelligence - Thinking Like a VC

CSO Class Deviation
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Class Deviation issued June 26, 2018 authorizing Defense Commercial Solutions Opening Pilot Program for acquiring innovative commercial items, technologies, or services.

Guide to Research Other Transactions (June 2023)
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OUSD R&E Guide to Research OTs issued June 2, 2023.

Other Transaction Authorities: After 60 Years, Hitting Their Stride or Hitting the Wall
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IBM Center for the Business of Government (2021) report by Stan Soloway, Jason Knudoson and Vincent Wroble availabe online at https://www.businessofgovernment.org/sites/default/files/Other%20Transactions%20Authorities.pdf In this report, authors Knudson, Soloway and Wroble address how OTAs have evolved over the last several decades; how different Defense agencies have used OTAs; what that experience teaches other agencies about using OTAs effectively; and the impact of OTAs on the COVID-19 vaccine initiative. The report also identifies key challenges for OTA use, including cybersecurity, workforce skills, and how OTAs enable production of public goods and services. Throughout the analysis, the authors address key questions regarding OTAs, including: • To what extent do agencies use different strategies to award OTAs? • How effective are OTAs in achieving their stated goals of attracting new and innovative solutions and providers to government? • To what extent do OTAs align with the tenets of public procurement? • How prepared are government agencies to utilize OTAs effectively? • How does the changing technology landscape impact the need for or value of OTAs? The report concludes with findings and recommendations on how to improve OTAs, including how they can best be advanced as part of a larger procurement innovation landscape.

Change to the Delegation of Authority for Use of Other Transactions for Prototype Projects in Response to Coronavirus Disease 2019
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The Under Secretary of Defense for Acquisition and Sustainment USD(A&S) on April 5, 2020 signed a memorandum issuing a temporary amendment to approval authority for Components authorized to execute Other Transaction (OT) for Prototype Project agreements. These changes will remain in effect until the COVID-19 national emergency declaration is rescinded. For more information, see the DPC memorandum and the USD(A&S) memorandum at the link here https://www.acq.osd.mil/dpap/policy/policyvault/USA000752-20-DPC.pdf

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