WEBINAR - Contracts & Commercial Law Roundtable

Other Transaction Authority (OTA) Agreements and Non-Traditional Government Contractors: Opportunities, Compliance Requirements, and Recent Experience with Operation Warp Speed (OWS)

Other Transaction Authority (OTA) agreements are intended to provide a flexible framework for traditionally-commercial companies to enter into the federal government contracting space.  This allows the government to pursue research and development and prototype-based projects with innovative industry partners not accustomed to doing business with the government.  Despite this flexibility, as with contracts based on the Federal Acquisition Regulation (FAR), OTAs require compliance with government-specific clauses, laws, and regulations, which may create obligations that are unfamiliar to companies not accustomed to partnering with the government.  A recent example of this is Operation Warp Speed (OWS), in which the government leveraged the OTA framework to provide funding and encourage participation among non-traditional government contractors for the development of medical countermeasures in response to COVID-19, without being subject to many of the FAR’s unique, and possibly unfamiliar, compliance requirements.  This roundtable will discuss matters relating to compliance with government-specific requirements (e.g., intellectual property, cybersecurity, and subcontracting requirements) as well as performance-based requirements (e.g., clinical and non-clinical objectives and any commercialization/manufacturing requirements), highlighting OWS as a real-world, relevant example.

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