OTA Lingering Myths

[C Culham]

Quick read article with link to DoDs OTA Guidance.   

https://federalnewsnetwork.com/contracting/2024/02/dod-dispelling-lingering-myths-about-otas/?readmore=1

[formerfed]

Thanks for posting and sharing that Carl.  I encourage anyone interested to read the latest DoD OTA Guide.  The link is near the end of this article.  One thing that bothers me is the guide is filled with much more bureaucratic processes than with the past.  I know many thought the OTA procedures need more clarity, but I’m afraid this guidance in providing more detailed instructions and structure as well as management controls,  adds delay in making awards.  In fact the guide admits that OTAs might take as long to award than a competitive FAR awarded contract, especially if an elaborate source selection process is utilized.

It seems like OTAs have evolved differently to what Rand recommended in an Air Force report three years ago.  In it Rand suggested more case-based training, information sharing, mentoring and managing the OT workforce as well promoting a more calculated risk taking culture.  

Edit:  revised prior confusing wording

[Vern Edwards]

See: Briefing Papers 23-22, October 2023, "Use of Other Transactions," by Richard Dunn. Dunn was the first general counsel of DARPA, and is considered the Father of OTAs at DOD. 

https://strategicinstitute.org/wp-content/uploads/2023/12/Briefing-Papers-Uses-of-Other-Transactions.pdf

He considers the DOD OTA guide to be a "retreat from innovation." Listen to the Strategic Institute podcasts:

https://strategicinstitute.org/podcast/ot-guide-retreat/

https://strategicinstitute.org/podcast/unsticking-acquisition/

[formerfed]

@Vern Edwards Thanks for sharing that article and podcasts.  I let myself get angry going through them.   It’s the same old thing we see over and over again - a new concept with great potential get gradually watered down and over controlled with added rules, policies and procedures. 

[Vern Edwards]

That is because, in mass, contracting people are not true professionals. The word is thrown around a lot, and people like to be called professionals and treated as such, but very few achieve that level in thought, communication, and action, and management does not insist that they do.

[formerfed]

So true Vern.  I’m now remembering lots of stories about improper use of OTAs over the years.  The most pathetic was something I heard from a private industry representative.  He asked the contracting person why the document looked like a regular FAR based solicitation with all the FAR prescriptions, instructions, and clauses. He was confused and didn’t know what he was responding against.  The contracting response was “our contract writing system can’t produce an OTA document so I generated what the system allowed!”

[C Culham]

9 hours ago, Vern Edwards said:

That is because, in mass, contracting people are not true professionals. The word is thrown around a lot, and people like to be called professionals and treated as such, but very few achieve that level in thought, communication, and action, and management does not insist that they do.

Interesting view when you consider that the DoD OTA guidance states this on page 10.  Seems management has not adequately defined the "who" for a successful OTA effort.

""AOs need not be Contracting Officers, unless required by the Component’s appointment process. Each Component is responsible for determining the Defense Acquisition University (DAU) and/or Component provided courses AOs are required to complete. DAU has offerings online as well as virtually led by instructors on OTs for members of the Government team. BEST PRACTICE: As the Standard Form 1402– Certificate of Appointment cites the FAR as the authority for a warrant, it is best practice to either edit this certificate for AO warrants or create a custom letter type document."

I guess by "Component" they mean as defined by 2 CFR 1125.937 and if so think of the confusion!   But who knows?

 

[formerfed]

1 hour ago, C Culham said:

""AOs need not be Contracting Officers, unless required by the Component’s appointment process. Each Component is responsible for determining the Defense Acquisition University (DAU) and/or Component provided courses AOs are required to complete. DAU has offerings online as well as virtually led by instructors on OTs for members of the Government team. BEST PRACTICE: As the Standard Form 1402– Certificate of Appointment cites the FAR as the authority for a warrant, it is best practice to either edit this certificate for AO warrants or create a custom letter type document."

 

I think in practice a large share of recently awarded AOs are contracting officers.  Even then when they aren’t, 1102 contract specialists are involved in varying extents.  More FAR and DFARS type clauses are being added all the time.