Organizations with other transaction powers and contracting agents with contracting agent authority may execute TOs, but must establish processes for obtaining, assessing, negotiating and awarding occupational therapy agreements. It is not recommended to use FAR processes to run 0s. There is no single established process for the execution of SEs. Projects or programs that want to use ORs may want white papers, demonstrations, competitive prototyping, progressive selections, or a combination of these to develop a strategy to achieve the goals. Other transactions (OT) are often referred to as OTAs (OTA is actually the other transaction authority, i.e. the power for an agency to issue an OT). ORs are a special vehicle used by federal agencies to obtain or promote research and development (R&D) or prototypes. A OT is not a contract, grant or cooperation agreement, and there is no legal or regulatory definition of “other transaction”. Only agencies that have obtained authorization can participate in other transactions.
The OT authority emerged with the National Aeronautics and Space Administration (NASA) when the National Aeronautics and Space Act of 1958 was enacted. Subsequently, seven other specific agencies received OT powers: the Department of Defense (DOD), the Federal Aviation Administration (FAA), the Department of Transportation (DOT), the Department of Homeland Security (DHS), the Department of Transportation Security, the Department of Health, and the Department of Energy. Other federal organizations may use the occupational therapy authority in certain circumstances and if approved by the Office of Management and Budget (OMB) Branch. In general, the reason for the creation of the OT authority is that the government must source advanced R&D and/or prototypes from commercial sources, but some companies (and other companies) are unwilly or unable to comply with government procurement regulations. Government procurement regulations and some government procurement laws do not apply to ES and, therefore, other transactional authorities give agencies the flexibility to develop agreements tailored to a particular transaction. The Competition in Contracts Act (CICA), the Contract Disputes Act and the Integrity of Government Procurement Act are examples of three laws that do not apply to SEs. Prototype SEs must contain defined conditions for the prototype contract to be successfully concluded and therefore eligible for subsequent production award. .