10 U.S.C. 4021 and 4022 - Other Transaction Authority

OtherTransactions

Other Transaction Authority, the agreements it produces, the law that applies and the law that does not, and the consortia that award most of the work. Then see every OT agreement in the federal record, matched to your company and its teaming partners, in GovConDash.

9,305

OT agreements

SAM.GOV OTHER TRANSACTION MODULE

$116B

Net obligated

FISCAL 2001 TO 2027

36

Published consortia

31 MATCHED TO AWARDS

19

Authorized agencies

CONGRESSIONAL OT AUTHORITY

Overview

What is an Other Transaction?

Other Transactions are procurement instruments other than contracts, grants, or cooperative agreements. They enable flexible business arrangements generally used to acquire research and development, support technology advancement, or develop a prototype. Federal agencies have varying statutory authorizations for OT uses, limitations, and restrictions.

OTs are a mechanism to access innovative solutions, especially from non-traditional contractors who may be challenged by the requirements of traditional contracts, grants, or cooperative research and development agreements. They can be used with traditional contractors when the applicable statutory requirements are met.

OTs allow terms and conditions to be negotiated beyond what is permitted under the statutes and regulations that apply to FAR-based contracts. An OT agreement may be fixed-price, expenditure-based, or hybrid.

Nontraditional defense contractor

32 CFR 3.4 defines a non-traditional defense contractor as a business unit 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 that 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.

Check a company's NDC status

Does not apply to an OT

Federal Acquisition Regulation (FAR) and agency supplements
Competition in Contracting Act (CICA)
Cost Accounting Standards (CAS)
Truth in Negotiations Act (TINA)

Still applies

The Procurement Integrity Act applies.
Competitive practices are applicable to the maximum extent practicable.

Protest posture

  • OTs are not subject to the procurement protest process at FAR Part 33.
  • An OT may be protested to the U.S. Court of Federal Claims.
  • GAO has limited jurisdiction to review OT decisions.
Read the OT protest decisions
Other Transaction Authority

Research, prototype and follow-on production

Three kinds of award, two statutes. The authority an agreement rests on decides who may participate, whether cost sharing is required, and whether a successful prototype can move to production without a new competition.

10 U.S.C. 4021

Research OT

Basic, applied, and advanced research projects pursuing the development and application of dual-use technology.

  • Unlike a Prototype OT, a Research OT carries no authority to transition to a follow-on production contract or transaction.
  • Research OTs require cost sharing between the government and the other parties, typically split 50/50, although the ratio is negotiable based on resources, previous technological investments, commercial against government applicability, performance risk, and the nature of the project.
  • CICA does not apply, but competition should be pursued to the maximum extent practicable to incentivize quality and competitive pricing.

10 U.S.C. 4022

Prototype OT

Research, development, and prototyping activities that enhance the mission effectiveness of military personnel and the platforms, systems, components, or materials supporting them.

  • A Prototype OT may only develop limited quantities of prototypes.
  • It can provide a path to award a follow-on Production OT or contract directly, without recompeting the effort. That is the central benefit of the approach.
  • A program has to design the prototype project around the anticipated follow-on activity from the outset, and be resourced to move forward once the prototype succeeds.

10 U.S.C. 4022

Follow-on Production OT or contract

The production award a successful prototype project can transition into without a new competition.

  • The possibility must be stated in BOTH the Prototype OT solicitation and the Prototype OT agreement.
  • A non-competitive follow-on award is limited to the participants in the prototype project.
  • Successful completion has to be established by a written determination from the responsible approving official.

Prototype Project Definition

“A prototype project addresses a proof of concept, model, reverse engineering to address obsolescence, pilot, novel application of commercial technologies for defense purposes, agile development activity, creation, design, development, or demonstration of technical or operational utility, or a combination of the foregoing. A process, including a business process, may be the subject of a prototype project.”
USD(A&S) and USD(R&E) Memorandum, Definitions and Requirements for Other Transactions Under Title 10, United States Code, Section 2371b.

Using Prototype OT Authority

One of the following conditions must be met to award a Prototype OT.

  1. 01At least one non-traditional defense contractor participates to a significant extent.
  2. 02All significant participants are small businesses or non-traditional defense contractors.
  3. 03At least one third of the total cost is provided by sources other than the government, where there is no non-traditional defense contractor participation.
  4. 04The Agency Senior Procurement Executive determines that the circumstances justify a transaction providing for innovative business arrangements not feasible or appropriate under a contract, or an opportunity to expand the defense supply base that is not practical or feasible under a contract.

Conditions for a Follow-on Production OT or Contract

A Prototype OT must state the possibility of a follow-on production award in both its solicitation and its agreement. A non-competitive follow-on is limited to the participants in the prototype project, and all of the following must be satisfied.

  1. 01Competitive procedures were used to select the parties that participated in the prototype project.
  2. 02The participants successfully completed the prototype project provided for in the transaction.

Successful completion requires a written determination by the responsible approving official that the effort under the Prototype OT did one of the following.

  • Met the key technical goals of the project.
  • Satisfied the success metrics incorporated into the Prototype OT.
  • Accomplished a particularly favorable or unexpected result that justifies the transition to production.
The laws

Agencies authorized to use Other Transactions

An agency must be explicitly authorized by Congress to use OTs, and a contracting officer must hold Agreements Officer authority to award one. These 19 departments and agencies hold that authority today, each under its own statute and limits.
AgencyAuthorityScope and limitationsGuidance
Dept of Commerce (DOC)15 U.S.C. 4659No limitations or restrictions.None listed
National Oceanic and Atmospheric Administration (NOAA)15 U.S.C. 8531(d)Research and development activities to enhance the effectiveness of data, satellite, and other observing systems to meet NOAA missions.
  • NOAA OTA Policy and Procedures (April 2023)
Dept of War10 U.S.C. 4021Research projects to carry out basic, applied, and advanced research projects.
Dept of War10 U.S.C. 4022Prototype projects to enhance the mission effectiveness of DoD personnel, platforms, systems, components, or materials.
Dept of Energy (DOE)42 U.S.C. 7256Authorizes use of 10 U.S.C. 4021 for research, development, and demonstration projects.
  • DOE Guide to Other Transactions (August 2023)
Advanced Research Projects Agency - Energy (ARPA-E)42 U.S.C. 16538(f)Advanced technology projects in support of ARPA-E objectives.None listed
Dept of Health and Human Services (HHS)42 U.S.C. 247d-7ePromote countermeasure and product advanced research and development, including establishing and maintaining domestic manufacturing surge capacity and capabilities.None listed
Centers for Disease Control (CDC)42 U.S.C. 242c(e)Infectious disease research, biosurveillance, infectious disease modeling, and public health preparedness and response.None listed
National Institutes of Health (NIH)42 U.S.C. 282(n)Projects to carry out the Precision Medicine Initiative, the Common Fund, and high impact cutting-edge research that increases fundamental biological understanding leading to the prevention, diagnosis, or treatment of diseases and disorders, or research urgently required to respond to a public health threat.
  • Other Transaction Award Policy Guide for NIH Precision Medicine Initiative Research Programs (November 2015)
  • NIH Other Transaction Award Policy Guide for Common Fund HuBMAP (March 2020)
  • NIH Other Transaction Guide for the SPARC Program (January 2017)
National Institutes of Health (NIH)42 U.S.C. 285(b)(3)Conduct the National Heart, Lung, and Blood Institute Director's functions.
  • NIH Other Transactions Policy Guide (May 2017)
National Institutes of Health (NIH)42 U.S.C. 284nDemonstration projects for high-impact, cutting-edge research that increases fundamental biological understanding leading to the prevention, diagnosis, and treatment of diseases and disorders.None listed
National Institutes of Health (NIH)42 U.S.C. 287a(e)(3)(C)Projects to carry out Cures Acceleration.None listed
Advanced Research Projects Agency for Health (ARPA-H)42 U.S.C. 290c(g)Authorizes use of 42 U.S.C. 247d-7e for advanced research and development.None listed
Dept of Homeland Security (DHS)6 U.S.C. 391Prototype projects leveraging 10 U.S.C. 4022.None listed
Domestic Nuclear Detection Office (DNDO)6 U.S.C. 596No limitations or restrictions.None listed
Transportation Security Administration (TSA)49 U.S.C. 114(m)Authorizes the authority provided under 49 U.S.C. 106(l).None listed
U.S. Coast Guard (USCG)14 U.S.C. 1158(a)Authorized for use to operate, test, and acquire cost-effective technology for meeting USCG mission needs.None listed
Dept of Transportation (DOT)49 U.S.C. 5312Research, development, and demonstration to advance innovation of public transportation.None listed
Federal Aviation Administration (FAA)49 U.S.C. 106(l)No limitations or restrictions.
  • FAA Other Transaction Guide (April 2023)
National Aeronautics and Space Administration (NASA)51 U.S.C. 20113(e)No limitations or restrictions.
  • NASA Space Act Agreements Guide (December 2023)
National Science Foundation (NSF)42 U.S.C. 19116Carry out activities of the Technology, Innovation, and Partnerships Directorate.
  • Other Arrangements/Transactions Guide (April 2024)
Office of the Director of National Intelligence (ODNI)50 U.S.C. 3024(n)(5)Authorizes use of 10 U.S.C. 4021 and 10 U.S.C. 4022 for basic, applied, and advanced research projects and prototype projects.None listed
Office of the National Cyber Director (ONCD)6 U.S.C. 1500(e)(1)(F)Conduct the work of the ONCD.None listed

Who approves a Department of War OT

The approving official rises with the value of each transaction, options included, and differs between the prototype award and the production award that can follow it.

Approval authorities for Prototype Project OT awards

OrganizationUp to $100M$100M to $500MOver $500M
Combatant Commands with contracting authorityHead of Contracting Activity (HCA)Senior Procurement Executive (SPE)USD(R&E) or USD(A&S)
Defense Agencies and Field Activities with contracting authorityHCASPEUSD(R&E) or USD(A&S)
Military DepartmentsHCAHCASPE
DARPA, DIU, and MDAHCADirectorDirector
  • The value shall include all options.
  • Value is measured per TRANSACTION, not by the total of every transaction in a prototype project. A prototype project may consist of several transactions to the same or different parties, and each is considered separately against these thresholds.
  • Transaction value includes all options priced in the agreement as awarded, plus any cost sharing borne by the performer where the basis for the OT is 4022(d)(1)(C).
  • A separate approval is required for each phase, prototype and follow-on production, and separately within a phase for each transaction.
  • The authority of the head of the contracting activity, the directors of DARPA, DIU, or MDA, or the SPE may not be delegated, under section 4022(a)(3).

USD(A&S) Memorandum, Authority for Use of Other Transactions for Prototype Projects Under Title 10, United States Code, Section 4022.

Approval authorities for follow-on Production contracts and OT agreements

OrganizationUp to $100M$100M to $500MOver $500M
Combatant Commands with contracting authorityCommanding OfficerUSD(R&E) or USD(A&S)USD(R&E) or USD(A&S)
Defense Agencies and Field Activities with contracting authorityDirectorUSD(R&E) or USD(A&S)USD(R&E) or USD(A&S)
Military DepartmentsService Acquisition Executive (SAE)SAESAE
DARPA, DIU, and MDADirectorDirectorDirector
  • As a matter of policy, approving a follow-on production OT agreement or contract valued over $100 million requires prior coordination with the appropriate Under Secretary.

USD(A&S) Memorandum, Authority for Use of Other Transactions for Prototype Projects Under Title 10, United States Code, Section 4022.

The consortium model

How OT consortia work

An OT consortium is a relationship between a government sponsor and a collection of traditional and non-traditional vendors, non-profit organizations, and academic institutions aligned to a technology domain such as cyber, space, undersea, or propulsion. A single entity manages them, and the group focuses on innovative solutions to government technology challenges within the scope and purpose of other transactions.

Consortium Sponsor (the government sponsor and its contracting office)

  • Awards an OT agreement to a Consortium Manager for a specific technology domain. This is the base OT agreement.
  • Establishes the consortium's objectives and the overarching guidelines for executing it.
  • Selects the projects awarded to the consortium, based on compatibility with those objectives and the fit of the project for an OT award.
  • Approves the evaluation selection criteria and the project OT award selections.

Consortium Manager (specifics vary among consortia)

  • Establishes the application process and membership terms, and collects membership fees or dues.
  • Executes a consortium member agreement with each member organization.
  • Collects a percentage fee on each project OT awarded under the base OT agreement.
  • Works with the government sponsor to develop problem statements, requests for white papers, requests for prototype proposals, phased selection processes, and evaluation criteria.
  • Communicates those requests to members, usually through an internal portal, so the details are often available only to members.
  • Manages proposal evaluation, award selection, negotiation, and cost analysis, with the government sponsor giving final approval.
  • Manages post-award administration on behalf of the government customer, such as monitoring deliverables, tracking invoices and payments, and reporting.

The Consortium and its members

  • Membership is open to qualifying US entities, which varies by consortium: traditional and non-traditional contractors, non-profit organizations, and academic institutions. Some consortia are open to foreign entities.
  • A qualifying entity may join one consortium or several.
  • Members are subject to terms of membership, which may include an annual fee and a fixed-percentage fee on each project OT awarded.
  • Members typically get access to requests for white papers and requests for prototype proposals from government customers specific to that consortium.
  • Members may partner with one another to propose solutions, and may negotiate unique terms for individual projects.
  • A traditional contractor must be prepared to meet the cost-sharing requirements of the underlying OT authority.

Why contractors join

  • A pool of vendors aligned to the consortium's focus area promotes collaboration with the government and among members.
  • Consortia execute OT agreements, which allow a more collaborative process than FAR source selection.
  • Established, streamlined processes move through white papers, demonstrations, proposals, evaluations, and selections, and often award faster than traditional programs.

What to weigh first

  • Non-traditional vendors, non-profits, and academic organizations may be challenged by the financial side of membership, given fees and the percentage charged on awards.
  • Some consortia are in high demand and are resource constrained, whether by workload or by the availability of the assigned government contracting office.
  • Many consortia do not award follow-on production activities.

Why consortium members rarely appear as the awardee

This model is why a contractor can hold real OT work and never appear as an awardee. The government awards the base OT to the consortium or its management firm, and a project award to a member is reported with the CONSORTIUM in the awardee field and the performing member in the Primary Consortia Member field.

Directory

All 36 published OT consortia

Every consortium in the published directory, with its manager, its government sponsor and, where the federal record links them, the agreements awarded through it. Search by name or technology area, filter by sponsor, and expand a row for the mission, the focus areas and how to join.

Showing 36 of 36 consortia. Awards are net dollars obligated on the agreements matched to each consortium in the SAM.gov Other Transaction module.

ConsortiumConsortium managerGovernment sponsorAwardsLinks
DoD Ordnance Technology Consortium (DOTC)
DOTCOSD
Advanced Technology International (ATI)
Summerville, South Carolina
DoD in partnership with the National Armaments Consortium (NAC)
$9.7B
4 agreements, 2 active
Aviation & Missile Technology Consortium (AMTC)
AMTCArmy
Advanced Technology International (ATI)
Summerville, South Carolina
Army Combat Capabilities Development Command (DEVCOM) Aviation & Missile Center
$7.9B
7 agreements, 3 active
Strategic & Spectrum Missions Advanced Resilient Trusted Systems (S2MARTS)
S2MARTSNavy
National Security Technology Accelerator (NSTXL)
Crane, Indiana
Naval Surface Warfare Center (NSWC) Crane
$4.1B
162 agreements, 60 active
Space Enterprise Consortium (SpEC)
SpECAir Force
National Security Technology Accelerator (NSTXL)
Crane, Indiana
US Space Force Space Systems Command (SSC)
$2.9B
1 agreement, 1 active
Consortium for Command, Control, and Communications in Cyberspace (C5)
Army
Consortium Management Group (CMG)
Washington, District Of Columbia
Army Combat Capabilities Development Command (DEVCOM)
$2.1B
34 agreements, 14 active
Medical CBRN Defense Consortium (MCDC)
MCDCOSD
Advanced Technology International (ATI)
Summerville, South Carolina
DoD Joint Program Executive Office for Chemical, Biological, Radiological, and Nuclear Defense (JPEO-CBRND)
$1.6B
1 agreement, 1 active
Medical Technologies Enterprise Consortium (MTEC)
MTECArmy
Medical Technology Enterprise Consortium (MTEC)
Summerville, South Carolina
U.S. Army Medical Research and Development Command (USAMRDC)
$1.5B
194 agreements, 81 active
Countering Weapons of Mass Destruction (CWMD) Consortium
CWMDOSD
Advanced Technology International (ATI)
Summerville, South Carolina
DoD Joint Program Executive Office for Chemical, Biological, Radiological, and Nuclear Defense (JPEO-CBRND)
$1.3B
1 agreement, 1 active
Undersea Technology Innovation Consortium (UTIC)
UTICNavy
Advanced Technology International (ATI)
Summerville, South Carolina
Naval Undersea Warfare Center (NUWC)
$1.0B
105 agreements, 31 active
Cornerstone Consortium
OSD
US Army Combat Capabilities Development Command - Chemical Biological Center
Government managed
OSD Office of the Deputy Assistant Secretary of Defense for Industrial Policy via Manufacturing Resiliency and Assurance Office, and Industrial Base Analysis and Sustainment (IBAS) Program
$900M
81 agreements, 46 active
Information Warfare Research Project (IWRP)
IWRPNavy
Advanced Technology International (ATI)
Summerville, South Carolina
Naval Information Warfare Systems Command (NAVWAR)
$778M
199 agreements, 14 active
Defense Automotive Technologies Consortium (DATC)
DATCArmy
Defense Automotive Technologies Consortium (DATC)
Troy, Michigan
Army Combat Capabilities Development Command (DEVCOM) Ground Vehicles Systems Center
$582M
1 agreement, 1 active
AFLCMC Consortium Initiative (ACI) - a SOSSEC Other Transaction Agreement
ACIAir Force
SOSSEC, Inc.
Salem, New Hampshire
Air Force Lifecycle Management Center (AFLCMC)
$574M
9 agreements, 2 active
Defense Industrial Base Consortium (DIBC)
DIBCOSD
Advanced Technology International (ATI)
Summerville, South Carolina
OSD Manufacturing, Capability Expansion, and Investment Prioritization Directorate (MCEIP)
$436M
53 agreements, 19 active
Sensors, Communications, and Electronics Consortium (SCEC)
SCECArmy
SOSSEC, Inc.
Salem, New Hampshire
Army Combat Capabilities Development Command (DEVCOM) C5ISR Center
$331M
34 agreements, 2 active
Marine Sustainment Technology and Innovation Consortium (MSTIC)
MSTICNavy
Advanced Technology International (ATI)
Summerville, South Carolina
Naval Surface Warfare Center, Philadelphia Division (NSWCPD)
$250M
84 agreements, 19 active
Supply Chain Consortium Initiative (SSCI) - a SOSSEC Other Transaction Agreement
SSCIAir Force
SOSSEC, Inc.
Salem, New Hampshire
448th Supply Chain Management Wing (SCMW)
$217M
1 agreement, 0 active
National Advanced Mobility Consortium (NAMC)
NAMCArmy
National Advanced Mobility Consortium (NAMC)
Ann Arbor, Michigan
Army Combat Capabilities Development Command (DEVCOM) Ground Vehicle Systems Center (GVSC)
$154M
35 agreements, 20 active
AFRL OTAFI - a SOSSEC Other Transaction Agreement
Air Force
SOSSEC, Inc.
Salem, New Hampshire
Air Force Research Laboratory (AFRL)
$95M
19 agreements, 5 active
AFLCMC Propulsion Consortium Initiative (PCI 2.0) - a SOSSEC Other Transaction Agreement
PCI2.0Air Force
SOSSEC, Inc.
Salem, New Hampshire
Air Force Lifecycle Management Center (AFLCMC) Propulsion Acquisition Directorate
$94M
25 agreements, 6 active
University Consortium for Applied Hypersonics (UCAH)
UCAHOSD
Texas A&M Engineering Experiment Station (TEES)
College Station, Texas
Under Secretary of Defense for Research and Engineering (R&E) and Joint Hypersonics Transition Office
$94M
29 agreements, 2 active
Training and Readiness Accelerator II (TReX) Consortium
TReXArmy
Advanced Technology International (ATI)
Summerville, South Carolina
Army Program Executive Office for Simulation, Training, and Instrumentation (PEO STRI)
$93M
41 agreements, 6 active
AFLCMC Propulsion Directorate Consortium Initiative (PCI) - a SOSSEC Other Transaction Agreement
PCIAir Force
SOSSEC, Inc.
Salem, New Hampshire
Air Force Lifecycle Management Center (AFLCMC) Propulsion Acquisition Directorate
$84M
1 agreement, 0 active
Expeditionary Missions Consortium-Crane (EMC2)
EMC2Navy
Advanced Technology International (ATI)
Summerville, South Carolina
Naval Surface Warfare Center, Crane Division (NSWC Crane)
$79M
15 agreements, 9 active
Naval Aviation Systems Consortium (NASC)
NASCNavy
Consortium Management Group (CMG)
Washington, District Of Columbia
Naval Air Systems Command (NAVAIR)
$58M
14 agreements, 1 active
Consortium for Energy, Environment, and Demilitarization (CEED)
CEEDArmy
Consortium Management Group (CMG)
Washington, District Of Columbia
Army Combat Capabilities Development Command (DEVCOM)
$42M
10 agreements, 5 active
Engineer, Research, and Development Center (ERDC) - a SOSSEC Other Transaction Agreement
ERDCArmy
SOSSEC, Inc.
Salem, New Hampshire
U.S. Army Engineer Research and Development Center (ERDC)
$37M
9 agreements, 0 active
Cyberspace Operations Broad Responsive Agreement (COBRA) - a SOSSEC Other Transaction Agreement
COBRAArmy
SOSSEC, Inc.
Salem, New Hampshire
Program Executive Office Enterprise Information Systems (PEO EIS)
$27M
1 agreement, 1 active
Vertical Lift Consortium (VLC)
VLCOSD
Advanced Technology International (ATI)
Summerville, South Carolina
Under Secretary of Defense for Research and Engineering (R&E)
$18M
1 agreement, 0 active
National Spectrum Consortium (NSC)
NSCOSD
Member-led Consortium
Office of the Under Secretary of Defense for Research & Engineering (R&E)
$5.8M
2 agreements, 1 active
Naval Surface Technology and Innovation Consortium (NSTIC)
NSTICNavy
Advanced Technology International (ATI)
Summerville, South Carolina
Naval Surface Warfare Center (NSWC) Dahlgren
$1.4M
3 agreements, 2 active
Defense Electronics Consortium (DEC)
DECOSD
Advanced Technology International (ATI)
Summerville, South Carolina
Department of Defense, facilitated by the Cornerstone ConsortiumNo matched agreements
Strategic & Spectrum Missions Advanced Resilient Trusted Systems (S2MARTS) Research
S2MARTSNavy
National Security Technology Accelerator (NSTXL)
Crane, Indiana
Naval Surface Warfare Center (NSWC) CraneNo matched agreements
Homeland Security Technology (HSTech) Consortium
HSTechNon-DoD
Advanced Technology International (ATI)
Summerville, South Carolina
Department of Homeland Security (DHS) Customs and Border Patrol (CBP)No matched agreements
National Geospatial-Intelligence Agency (NGA) - a SOSSEC Other Transaction Agreement
NGANon-DoD
SOSSEC, Inc.
Salem, New Hampshire
NGA Office of Ventures and Innovation (OVI)No matched agreements
Rapid Response Partnership Vehicle (RRPV) Consortium
RRPVNon-DoD
Advanced Technology International (ATI)
Summerville, South Carolina
Biomedical Advanced Research and Development Authority (BARDA)No matched agreements

Directory adapted from MITRE AiDA, Existing Other Transaction Consortia, captured 2026-08-19. Award figures are measured from the SAM.gov Other Transaction module.

Case law

Protesting an Other Transaction

OTs are outside FAR Part 33, so the forum and the scope of review are decided case by case. These decisions, from the Court of Federal Claims and GAO, set where an OT protest can be heard and what will be reviewed.

Protesting an OT at the Court of Federal Claims

Whether an OT competition is "in connection with a procurement" under 28 U.S.C. 1491(b)(1). The court has moved from declining jurisdiction over a stand-alone OT competition to treating itself as the forum for OT protests, while limiting what it will review inside one.

COFCNo. 19-742CAugust 28, 2019

Space Exploration Technologies Corp. v. United States

Department of the Air Force · 10 U.S.C. 2371 and 2371b

The Launch Service Agreements were OTs, not procurement contracts, and the LSA competition was separate and distinct from the later FAR-based launch services procurement, so the award decisions were not "in connection with" a procurement. Later OT protest decisions distinguish it.

Dismissed for lack of jurisdiction; transferred to the Central District of California

COFCNo. 21-1626September 17, 2021

Kinemetrics, Inc. v. United States

Department of the Air Force · 10 U.S.C. 2371b (Commercial Solutions Opening)

Distinguishing SpaceX, the court took jurisdiction over a Commercial Solutions Opening whose awards could be OTs, because rejection in the evaluation phase disqualified the offeror from the follow-on production contract. Review was limited to whether the agency followed its own CSO process, and the peer-review evaluation stood.

Dismissed for failure to state a claim

COFCNo. 22-364August 8, 2022

Hydraulics Int'l, Inc. v. United States

Department of the Army · 10 U.S.C. 4021 and 4022

Prototype OTAs that begin the process of determining the Army's need, and that can exclude an offeror from a follow-on production contract, are "in connection with" a proposed procurement, whether or not that procurement ever occurs. On the merits the Army's evaluation and selection were reasonable.

Motion to dismiss denied; judgment on the administrative record for the government

COFCNo. 24-160July 16, 2024

Independent Rough Terrain Center, LLC v. United States

Department of the Army · 10 U.S.C. 4022(f)

A follow-on production contract after a completed OT prototype phase is reviewable whether it was solicited under OT or FAR authority. The protester still lacked standing, and errors in the closed prototype phase could not supply it.

Jurisdiction found; dismissed for lack of standing

COFCNo. 24-1824CFebruary 24, 2025

Raytheon Co. v. United States

Missile Defense Agency · 10 U.S.C. 4021 and 4022

The court called itself the de facto forum for protests of OTs awarded under 10 U.S.C. 4021 and 4022. A guaranteed follow-on production contract is not required for jurisdiction, and an OTA's dispute resolution clause cannot impose an exhaustion requirement on a bid protest.

Motion to dismiss denied

COFCNo. 24-1784June 2, 2025

Telesto Group, LLC v. United States

Department of the Army · 10 U.S.C. 4022(d)(1)(A) and 4022(f)

Jurisdiction over an OT reaches claims that the agency violated a statute or failed to follow the OT's founding document (here the PPON), but not an ordinary challenge to every evaluation judgment. On the reviewable claims, the Army met the nontraditional defense contractor participation requirement and followed its PPON.

Dismissed in part; judgment on the administrative record for the government

GAO's limited review of OT awards

OTs are not procurement contracts, so GAO does not review how an OT was evaluated or awarded. It hears only a timely protest, filed before the closing date, that the agency is using its OT authority to acquire what should be bought with a procurement contract.

GAOB-416752September 24, 2018

Blade Strategies, LLC

Department of the Army · 10 U.S.C. 2371b

A challenge to an agency's choice of an OT instead of a FAR contract is a challenge to the solicitation's terms and must be filed before initial proposals are due. A protester that competes and protests only after losing is untimely.

Dismissed

GAOB-417379April 4, 2019

MD Helicopters, Inc.

Department of the Army · 10 U.S.C. 2371b

OTAs are not procurement contracts, so GAO has no jurisdiction over the evaluation and award of a prototype OT, and the word "generally" in 4 C.F.R. 21.5(m) reserves no discretion to hear one.

Dismissed

GAOB-418721June 2, 2020

System Architecture Information Technology

Department of the Army · 10 U.S.C. 2371b

The rule applies when the solicitation comes from a consortium manager under an existing prototype OTA: a challenge to the elimination of a white paper is outside GAO's jurisdiction.

Dismissed

GAOB-419503February 26, 2021

Spartan Medical, Inc.

Department of the Air Force · 10 U.S.C. 2371b

The only exception to GAO's refusal to review OT awards is a timely protest, filed before the closing date, that the agency is misusing its OT authority. A challenge raised only after elimination is untimely, and the evaluation challenge is outside GAO's jurisdiction.

Dismissed

GAOB-421936November 14, 2023

Lunar Resources, Inc.

National Aeronautics and Space Administration · 51 U.S.C. 20113(e)

The same rule governs civilian OT authority: a Funded Space Act Agreement is not a procurement contract, and a challenge to its evaluation and award is outside GAO's jurisdiction.

Dismissed

Whether the agency used its OT authority properly

The merits of the one question GAO will hear: is the work a valid prototype, may a follow-on production OT be awarded without competition, and does the OT statute constrain an award made under a different statute.

GAOB-412711May 16, 2016

MorphoTrust USA, LLC

Transportation Security Administration · 49 U.S.C. 106(l)(6), through 49 U.S.C. 114(m)(1)

TSA's OT authority reaches any purpose necessary to carry out its functions, and its knowing, documented choice of OT agreements over a procurement contract was authorized. GAO will not second-guess an OT choice the statute permits.

Denied

GAOB-416061May 31, 2018

Oracle America, Inc.

Department of the Army · 10 U.S.C. 2371b(f)

A non-competitive follow-on production OT is available only if the prototype OT itself provided for one (language in the solicitation does not count) and the prototype project was successfully completed. Neither condition was met, so the Army lacked authority to award the production OT to REAN Cloud.

Sustained

GAOB-417011January 17, 2019

ACI Technologies, Inc.

Department of the Navy · 10 U.S.C. 2371b(a)

GAO reviewed whether a consortium prototype OT solicitation stayed within prototype authority and found the Navy reasonably explained that the challenged technology areas fit the DoD OT Guide's definition of a prototype.

Denied in part; dismissed in part

GAOB-417628September 9, 2019

DRS Sustainment Systems, Inc.

Department of the Army · 10 U.S.C. 2371b(f)

The OT follow-on production limits do not govern a sole-source follow-on awarded as a FAR contract under competition-in-contracting authority, even where the incumbent earlier held a prototype OT.

Denied (OT argument dismissed)

GAOB-418244February 10, 2020

Air Tractor, Inc.

Department of the Air Force · 10 U.S.C. 2371b(f)

After prototype OT experiments, the Air Force bought aircraft under a separate statute. The 2371b argument was untimely and in any event lacked merit, because the OT statute does not bar an agency from using another authority consistent with that authority's own terms.

Dismissed in part; denied in part

GovConDash

Other Transactions in GovConDash

Other Transactions are reported through the SAM.gov Other Transaction module rather than with your FAR contracts, so a contractor holding a prototype OT can miss it in a contracts view. GovConDash reads that module and puts it beside your contracts, your teaming partners and the regulations.

Active Agreements

Your own OT portfolio, matched on your UEI through both channels: as the awardee of record, and as the consortium member SAM.gov names on a project award. Each match says which channel produced it.

Market Overview

The whole Other Transaction module: KPIs, a place-of-performance map, the fiscal-year trend, the PSC mix, the top agreements and vendors, and every contracting department, agency and office.

Consortia

All 36 published consortia joined to the corpus by each consortium's base instrument, with the matched agreements, the performing members, the buying commands and a map of where managers and buyers sit.

OT Guide

The authorities, the prototype and follow-on conditions, approval thresholds, the consortium model and the OT protest case law, with every citation linked to its source.

Overview

The whole Other Transaction market, by fiscal year

Net dollars obligated, or agreements awarded, per government fiscal year across the corpus, with the running year shaded so it is never read as a decline.

GovConDash Other Transactions: The whole Other Transaction market, by fiscal year
Consortia

Every consortium, its manager, its base agreement and its awards

The published sponsor beside the buying command the corpus measures, never blended. Expand a row for every matched agreement and its performing member.

GovConDash Other Transactions: Every consortium, its manager, its base agreement and its awards
Consortia map

Where the consortia sit, and who buys through them

Manager headquarters against the buying command that obligates the most on each consortium's agreements. Select one to see the line between the two.

GovConDash Other Transactions: Where the consortia sit, and who buys through them

See your own OT agreements

A free account opens the Other Transactions section: your agreements by UEI as awardee or consortium member, the whole market, the consortia and the guide.

FAQ

Other Transaction questions

What is an Other Transaction?

Other Transactions are procurement instruments other than contracts, grants, or cooperative agreements. They enable flexible business arrangements generally used to acquire research and development, support technology advancement, or develop a prototype. Federal agencies have varying statutory authorizations for OT uses, limitations, and restrictions. An OT sits outside the Federal Acquisition Regulation (FAR) and agency supplements, Competition in Contracting Act (CICA), Cost Accounting Standards (CAS), Truth in Negotiations Act (TINA), while the Procurement Integrity Act still applies and competitive practices apply to the maximum extent practicable.

What is the difference between a research OT and a prototype OT?

A research OT under 10 U.S.C. 4021 funds basic, applied, and advanced research projects pursuing the development and application of dual-use technology, usually with cost sharing, and carries no authority to transition to production. A prototype OT under 10 U.S.C. 4022 funds research, development, and prototyping activities that enhance the mission effectiveness of military personnel and the platforms, systems, components, or materials supporting them, and can lead to a follow-on production OT or contract without a new competition.

What conditions must a prototype OT meet?

At least one: At least one non-traditional defense contractor participates to a significant extent; or All significant participants are small businesses or non-traditional defense contractors; or At least one third of the total cost is provided by sources other than the government, where there is no non-traditional defense contractor participation; or The Agency Senior Procurement Executive determines that the circumstances justify a transaction providing for innovative business arrangements not feasible or appropriate under a contract, or an opportunity to expand the defense supply base that is not practical or feasible under a contract.

Which agencies can use Other Transactions?

Only agencies Congress has explicitly authorized, and only through a warranted Agreements Officer. 19 departments and agencies hold OT authority today, among them the Department of War under 10 U.S.C. 4021 and 4022, the Department of Energy, Health and Human Services and NIH, Homeland Security, the FAA, NASA and the National Science Foundation.

What is an OT consortium?

An OT consortium is a relationship between a government sponsor and a collection of traditional and non-traditional vendors, non-profit organizations, and academic institutions aligned to a technology domain such as cyber, space, undersea, or propulsion. A single entity manages them, and the group focuses on innovative solutions to government technology challenges within the scope and purpose of other transactions.

Can an Other Transaction award be protested?

OTs are not subject to the procurement protest process at FAR Part 33. An OT may be protested to the U.S. Court of Federal Claims. GAO has limited jurisdiction to review OT decisions. GAO hears only a timely protest that the agency is using its OT authority to acquire what should be bought with a procurement contract.

Resources

Authoritative sources

Guide to Prototype Other Transactions (10 U.S.C. 4022 and 2808a), Version 1.0

Office of the Under Secretary of War for Acquisition and Sustainment, October 2026

The prototype OT guide, issued with the DPCAP memorandum of 14 October 2026. Covers prototype and follow-on production OTs under 10 U.S.C. 4022, and construction OTs under 10 U.S.C. 2808a in Appendix D.

Guide to Research Other Transactions Under 10 U.S.C. 4021 (12 February 2026)

DARPA, February 2026

The research OT guide. This edition supersedes the September 2023 edition the source page lists.

DoD Other Transactions Guide (July 2023, 508 update July 2025)

Office of the Under Secretary of Defense for Acquisition and Sustainment, July 2023

The earlier prototype OT guide under 10 U.S.C. 4022: conditions for use plus guidance for planning and executing prototype and follow-on production OTs.

DPCAP Memorandum, Fostering One Strong Industrial Base Through Other Transactions

Defense Pricing, Contracting, and Acquisition Policy, 14 October 2026

The memorandum the Guide to Prototype Other Transactions is issued under.

MITRE AiDA, Other Transaction Authority

MITRE, Captured 19 August 2026

The source this guide is adapted from. Statutory citations here are reproduced as published.

USD(A&S) and USD(R&E) Memorandum, Definitions and Requirements for Other Transactions Under Title 10, United States Code, Section 2371b

Under Secretary of Defense (Acquisition and Sustainment)

The definitions the prototype and follow-on cards on this page cite. Section 2371b is now codified at section 4022.

USD(A&S) Memorandum, Authority for Use of Other Transactions for Prototype Projects Under Title 10, United States Code, Section 4022

Under Secretary of Defense (Acquisition and Sustainment)

The approval thresholds, and the delegations that cannot be delegated further.

MITRE AiDA, Existing OT Consortia

MITRE

The maintained directory of active consortia, their sponsors, and their management firms.

COFC No. 24-1824C, determining the scope of COFC jurisdictional authority to adjudicate bid protests involving Other Transactions

U.S. Court of Federal Claims, February 2025

The forum question for an OT protest, decided at the court rather than at GAO.

GAO Decision B-333150, Health and Human Services, application of fiscal law to Other Transactions

GAO, April 2024

Other Transaction Agreements: DOD Can Improve Planning for Consortia Awards

GAO, September 2022

Audit of DoD Other Transactions and the Use of Nontraditional Contractors and Resource Sharing

DoD Office of Inspector General, September 2022

Audit of Other Transactions Awarded to Consortiums

DoD Office of Inspector General, April 2021

GAO Decision B-416061, Oracle America Inc., protest of a production OTA to REAN Cloud LLC

GAO, May 2018

CCON 023 Other Transaction Authority (OTA) Credential

Defense Acquisition University, March 2024

Non-traditional Defense Contractor Status Validation Guide

SAM.gov and Defense Acquisition University

Nontraditional Defense Contractor status

GovConDash: the free NDC Quick Check, the Section 1826 exemptions and NDC participation in prototype OTs.

Adapted from MITRE AiDA, Other Transaction Authority, captured 2026-08-19.

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Find your next Other Transaction

Track the OT market, the consortia that award it and the agreements your company and partners hold, beside your contracts and the regulations in GovConDash.