Other Transaction Authority (OTA) – Intellectual Property

Other Transaction Authority (OTA) – Intellectual Property

This class is a “deeper dive” into a particular aspect of Other Transaction Authority (OTA, a non-FAR based contract agreement), specifically addressing Intellectual Property considerations.

Today, the OTA is often used by the Government as “the right contract/agreement strategy” enabling focus on the intended acquisition environment, constraints, and desired outcomes. OTA enables the Government a unique contract authority within the spectrum of Federal contracts (for those agencies authorized by Congress to use that authority).

OTs can include flexible business arrangements to acquire research and development activities to advance new technologies, and prototypes or models to evaluate technical or manufacturing feasibility, or Government utility of new or existing technology. One of the flexibilities OTs have, is in Intellectual Property (IP) rights where there is a flexible approach (compared to the FAR) to managing intellectual property rights. This may enable greater Government access to commercial innovators that do not comply with traditional (FAR) government data rights considerations. However, those flexible arrangements in IP can have long-term negative implications for the government, and though the FAR is not the IP rights driver for OTs, the Government acquisition team must work to mitigate long term Government program risks.

This class will focus on:

• A Brief OTA Background and Purpose (Establishing Context)
• Understanding the Government need for IP rights (a must to be able to position yourself to negotiate IP rights)
• IP rights differences between FAR based contracts and an OT agreement – regarding IP
• Two case studies (sanitized to protect contracted company proprietary details and identity)
• Q&A and Discussion

Instructor: Rick A-to-Z Agopsowicz, Corvantage LLC