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Pursuant to 10 U.S.C. 2371, Research Projects: Transactions Other than Contracts and Grants, the Defense Advanced Research Projects Agency (DARPA) may enter into transactions that are not contracts, grants, or cooperative agreements.
Other Transactions, or OTs, are often used for prototype
projects that are directly relevant to weapons or weapons
systems. Because Other Transactions are not traditional procurement contracts, DARPA is not required to include the traditional Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses in these agreements, but is free to negotiate provisions that are mutually agreeable to both the Government and the
parties entering into the agreement. While the
specific terms of an "other" transaction are negotiable,
certain provisions such as "Management of the Project",
"Disputes", "Foreign Access to Technology" and "Civil Rights
Act" will be included in all DARPA "other" transactions. This guidance is provided for informational purposes only and reflects the current policy of DARPA. It should not be relied upon as definitive for all situations.
 Who is eligible to receive an OT award?
To receive an OT award, a proposer must meet either or
both of the following criteria:
1) There is at least one non-traditional defense
contractor participating to a significant extent in the
prototype project;
OR
2) There are no nontraditional defense contractors
participating to a significant extent in the prototype
project, but at least one of the following circumstances
exists:
(i) at least one third of the total cost of the prototype
project is to be paid out of funds provided by the parties
to the transaction other than the federal government
OR
(ii) the senior procurement executive for the agency
determines in writing that exceptional circumstances justify
the use of a transaction that provides for innovative
business arrangements or structures that would not be
feasible or appropriate under a procurement contract.
Who is a non-traditional defense contractor?
A non-traditional defense contractor is a business unity
that has not, for a period of at least one year prior to
the date of the OT agreement entered into or performed on
(1) any contract that is subject to full coverage under the
cost accounting standards prescribed pursuant to Section 26
of the Office of Federal Procurement Policy Act (41 U.S.C.
422) and the regulations implementing such section OR (2)
any other contract in excess of $500,000 to carry out
prototype projects or to perform basic, applied, or advanced
research projects for a Federal Agency that is subject to
the Federal Acquisition Regulation.
What should I include in a proposal requesting an
OT for Prototype?
A proposal requesting an 845 Agreement
should include all the information requested in the BAA, as
well as:
* a detailed plan of payable milestones
* program metric go/no-go criteria
* an explanation of cost share or how you
meet the requirements as a non-traditional defense
contractor
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What is a Technology Investment Agreement
(TIA)?
As per Part 37 of the DoD Grants and
Agreements Regulations (DoDGARS), Technology Investment
Agreements (TIAs)
are assistance instruments used to
stimulate or support research. A TIA may be either a kind of
cooperative agreement or a type of assistance transaction
other than a grant or cooperative agreement.
Who may
receive a TIA?
The Government may
award a TIA only when one or more for-profit firms are to be
involved either in the performance of the research project or
the commercial application of the research results.
Other Links:
OT Guide, January 2001
DoDGARS, Part 37
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