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Other Transaction Agreements (“OTAs”) are a unique federal contractual instrument which have flexible rules in order for organizations to develop certain product prototypes as well as pursue research and development opportunities for the government. OTAs can be awarded to individual entities or to consortiums, including consortiums formed specifically to perform a specific OTA. These OTAs frequently present the opportunity for parties to carefully craft and tailor the contract to maximize efficiencies and facilitate the effectiveness of the program, and because they are not subject to the procurement laws or regulations (including the Federal Acquisition Regulation or FAR). Consequently OTAs are touted as the “freedom to contract” and often are perceived to be less stringent than typical federal procurement contracts because they are free of many of the onerous requirements and practices characteristic of procurement contracts such as the government contract cost accounting , rights in data (and other intellectual property), and other procurement contract unique requirements. But OTAs still involve use of taxpayer monies and resources, and require prudent stewardship by all parties. Like any material contractual relationship, OTAs present unique challenges from formation, through administration and completion of the instrument. 

CRADAs or Cooperative Research and Development Agreements allow organizations to work jointly with the government and other organizations optimize research and protect research rights for a period of time. 

In this 90 minute special webinar, you will learn about, and have the opportunity to ask questions regarding:

Other Transaction Agreements (OTA) and CRADAs
  • General
  • Types and Uses
  • Agencies with OTA authority

Contracting and Initiatives
  • Competition
  • Challenges

Agreements
  • Terms and Conditions
  • Special Clauses

Special Agreements
  • Consortiums
  • Cost Sharing

IP Rights
Foreign Access to Technology
About Our Presenter ...


FERN LAVALLEE, Partner, Jones Day®

Fernand Lavallee represents clients in all aspects of federal, state, and local public procurement law matters and in international commercial transactions. His familiarity with government contract matters derives from his broad range of experience in counseling, litigating, and teaching contractors on all aspects and stages of government contracting and on government contractor compliance. He litigates high-technology issues and government contracts cases before federal and state courts and brings, or intervenes, in bid protests before federal procuring agencies, the Government Accountability Office (GAO), and the Court of Federal Claims (COFC). Fern also brings claims before the boards of contract appeals and COFC, as well as size protests before the Small Business Administration (SBA).