Space Development Agency: Why was Using an OT the Second Choice?

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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

Appropriate Contractual Instruments For R&D

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  Federal Government agencies enter into a wide variety of contractual relationships for various purposes under different regulatory regimes. In addition to procurement contracts covered by the Federal Acquisition Regulation and assistance instruments (grants and cooperative agreements), these include contracts … Continued

Leveraging Private Sector Investment for National Defense – Why Isn’t It Being Done?

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            Undersecretary of Defense (A&S) Ellen Lord recently came out with a statement focusing on “trusted investments” in innovative companies that have the potential to contribute to critical missions of interest to the Federal Government. Innovative … Continued

Where are the major defense contractors? Clarification or Confusion: Subsection (d) of 10 U.S.C. 2371b

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In 2000, an amendment to Other Transaction for Prototype Authority (then section 845, currently section 2371b, title 10, U.S. Code) was included in NDAA 2001 that added what is now a sub-section (d). The amendment was intended to provide clarity … Continued