With the enactment of section 867, National Defense Authorization Act (NDAA) of 2018, Congress directed that DOD shall “In the execution of…prototyping programs…establish a preference for using transactions other than” procurement contracts. The DOD Other Transactions Guide issued in November … Continued
A remarkable opportunity awaits the Space Force to take a bold new approach to acquisition and synergistic relationships for delivering new capabilities more effectively, faster, and affordably. The DOD’s arcane business processes are like flying a straight wing aircraft … Continued
There is much hand-wringing in the Air Force right now about sky high F-35 sustainment costs with no solution in sight. The Air Force is even considering reducing its planned purchases of the 5th Generation fighter. At the … Continued
An article recently published in The Government Contractor magazine (5/5/2021) on an Inspector General report on Consortium Other Transactions (OTs) was followed by a Practitioners Comment of mine. Richard Kuyath, former government contracts counsel at 3M, provided some kind words … Continued
10 USC 2373 – A delightful, catchy tune about an underappreciated and underutilized DOD rapid acquisition authority 10 USC 2371 – R&B/Rap promotional video 10 USC 2371b – Punk song about a powerful authority Lyrics and songs written by … Continued
A “vision statement” is a narrative that memorializes the mutual goals of a project. It might be viewed as similar to the preliminary recitals that were once common in contracts. What is particularly important is the discussion that precedes crafting … Continued
Other Transactions, for the Department of Defense (DOD), 10 U.S.C. 2371, 2371b and Procurement for Experimental Purposes (10 U.S.C. 2373) have no statutory requirement for the involvement of an “agreements officer.” They certainly do not require an agreement to be … Continued
DOD senior political officials, military service Senior Procurement Executives (Senate confirmed officials), senior career acquisition officials, and their lawyers have in what seems almost a concerted manner refused to implement key Congressional directives embodied in statute. They have ignored … Continued
Flexible Other Transactions authorities (OTs) offer greater opportunity to interface with a variety of beneficial program/project partners and establish fruitful collaborative relationships. The dominate workforce generation, Millennials, values collaborative working environments and developing synergy between parties. They grew up online … Continued
Early in the COVID pandemic crisis DOD and the Department of Health and Human Services (HHS) were directed to cooperate in coming up with a response to the crisis. They entered a memorandum of understanding on their cooperation on … Continued