Nov 2, 2018 12-1 PM EDT
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CPE, CLE Accredited
Earn CLE/CPE credits if you attend the live session!

The 2016 NDAA breathed new life into the Prototype Other Transaction Agreements ("OTAs"). OTAs are a unique federal contractual instrument which have flexible rules for certain agencies to develop product prototypes as well as pursue research and development opportunities. OTAs can be awarded to individual entities or to consortiums, including consortiums formed specifically to perform a specific OTA. Consequently, OTAs are touted as the "freedom to contract" and often are perceived to be less stringent than typical federal procurement contracts because they may be free of many of the onerous requirements and practices characteristic of procurement contracts such as the government contract cost accounting, rights in technical data (and other intellectual property), and other procurement contract unique requirements. 
Thus, OTAs 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 generally subject to the procurement laws or regulations (including the Federal Acquisition Regulation or FAR) this seminar is useful for anyone who works for a company who has a technology or idea that has a potential benefit to the Department of Defense but who is loathe to enter into a standard procurement contract.  

What You Will Learn
Our presenter, Jody Reed, will provide a brief overview of OTAs, a description of the key elements of consideration for the use of an OTA, and a discussion of the minimum requirements of an OTA for future work.

Earn CLE/CPE credits if you attend the live session!
About Our Experts
  • Johana "Jody" Reed
    Counsel, McMahon, Welch and Learned, PLLC
    Ms. Reed’s practice focuses on advising domestic and international clients on all aspects of government contracting law, including prime contracts, subcontracts and other related agreements, drafting requests for equitable adjustments and claims; drafting Contractor Performance Assessment Report System responses; reviewing, drafting, evaluating and revising ethics compliance programs; evaluation and submission of Mandatory Disclosures; Cost Accounting Standards and accounting systems/cost principles; contract and solicitation review and risk assessment; protection of intellectual property rights related to government contracts; Organizational Conflicts of Interests issues and mitigation plans; Freedom of Information Act requests and defenses; export controls compliance and training programs; and cyber security issues. She is experienced and skilled in negotiating both international and domestic contracts including subcontracts, teaming agreements, intellectual property licenses, agent agreements, and proprietary information agreements for numerous million- and billion-dollar programs. She has represented clients of all sizes in bid protests before the Government Accountability Office and the Court of Federal Claims.

    Ms. Reed lectures for Federal Publications Seminars on Data Rights in Government Contracts, Cooperative Agreements, CRADAs, Other Transaction Agreements, the FAR, DFARS, Cyber Security and Government Cloud Computing initiatives.

    Ms. Reed is a “second-career” lawyer who brings together over twenty years of experience as an attorney with over 15 years of experience as a Business Finance Manager at a major defense contractor and as a Contracts Manager at several defense contractors. She also worked under a contract with the FAA to provide contracts management support.
    Georgetown University Law Center, Washington, D.C., 1997
    Juris Doctor