MDA MILC Attachment 2 OT Requirements

MDA Mobile Integrated Launch Capability, Solicitation No. HQ0860-26-S-C006 Attachment 2
Requirements for Other Transaction Agreements
The following document provides an overview of some of the applicable requirements should an Other Transaction (OT) Agreement be recommended. Note, this list is not all inclusive and the final agreement will be negotiated prior to award.
A. Other Transaction Authority: MDA has the authority to enter into OT agreements for basic, applied, and advanced research under 10 U.S.C. § 4021 and OT agreements for prototype under 10 U.S.C. § 4022. These authorities are designed to encourage new or nontraditional defense contractors (defined at 10 U.S.C. § 3014) to work with the Department of Defense (DoD). These authorities allow MDA to bring new, cutting-edge solutions to the warfighter by, to the maximum extent practicable, accommodating a performer’s existing business practices and commercial industry standards. Traditional defense contractors are also encouraged to engage in OT agreements, particularly if they want to adopt commerciallike practices or standards, diversify into the commercial sector, or partner with nontraditional defense contractors. B. Follow-On Production: If an OT for prototype under the authority of 10 U.S.C. § 4022 is entered into pursuant to this solicitation, this solicitation and the entry into an OT agreement for prototype, will be considered the result of competitive procedures such that a follow-on production agreement or contract may be awarded.
C. Eligible Offerors: All offerors looking for innovative, commercial-like arrangements are encouraged to propose the use of an OT, should it be appropriate for the nature of the proposed effort. Offerors are encouraged to review 10 U.S.C. § 3014 and 10 U.S.C. § 4022 to determine eligibility and conditions for OT awards. If an offeror proposes to enter an OT as a non-traditional defense contractor, they will be required to self-certify this business status prior to award.
D. Regulation/Statute: Any OT awards resulting from this solicitation will maximize the use of commercial industry standards. While most FAR and DFARS regulations are not applicable to OTs, they may be adopted at the Government’s discretion. Any agreements awarded as a result of this solicitation will incorporate the appropriate articles based on statute. OT awards are subject to the following statutes, at a minimum: 
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False Claims Act – 31 U.S.C. § 3729