Tsa`s oversight of « other transaction agreements » has improved since 2012, and GAO review finds that the Transportation Security Administration (TSA) has granted at least 1,039 other transaction agreements (OTAs), of which at least $1.4 billion was committed for fiscal years 2012 to 2016. OTAs are on the rise for two main reasons: 1) their flexibility is well suited to the less predictable and accelerated process of innovative research and development, and 2) they are not subject to most standard procurement laws and regulations, from the Buy American Act to the Truth in Negotiations Act. Competition in the Contracting Act also does not apply to most OTA agreements to ensure that protests are not a problem. It is important that the provisions of the Bayh-Dole Act regarding patent rights and the far and DFARS rules regarding agency rights in technical data and patents do not apply to OTA. However, in practice, agencies such as the DoD still tend to use this authority as a starting point in negotiating OTA agreements. The use of OTAs or « other transaction agency » agreements has increased significantly within the federal government over the past year, as this contract vehicle can help federal authorities quickly integrate the new technologies needed to ensure the success of today`s complex missions. While OTA deal procedures are much more flexible than the typical procurement process, participation requirements vary from agency to agency. For example, the DoD`s OTA aims to promote partnerships with organizations and markets that traditionally do not contract with the DoD. As a result, Congress has created requirements to expand the role of « non-traditional » government contractors.
A non-traditional contractor is an enterprise that has not currently performed a contract or subcontract subject to full coverage in accordance with accounting standards (or that has not performed at least one year prior to the invitation). Other Transaction Authority (« OTA ») describes the optimized procedures that federal authorities can use to procure innovative research or prototypes, without limitations of a typical contract, grant, or cooperation agreement. This flexibility has made OTA an increasingly popular choice for federal acquisitions in recent years. OTA helps contractors partner with government in new and exciting areas. OTA allows for much higher speed, flexibility and accessibility in carrying out research and prototyping projects. OTA allows agencies to enter into legally binding agreements with industry and science for a wide range of research projects, but the vast majority of the most recent agreements were in favor of research and development (R&D) and prototyping of new technologies. In many cases, Congress has developed the OTA specifically for such agreements. For example, Sections 861-868 of the National Defense Authorization Act for fiscal year 2018 set a preference for OTA agreements for conducting scientific and technological prototyping projects. . . .