Federal Laboratory Consortium for Technology Transfer

Authority

• 42 USC 7256; EPACT 2005, Section 1007 "Other Transactions" - grants the Secretary authority to enter into transactions other than contracts, cooperative agreements, and grants subject to the same terms and conditions as DoD under Section 2371 of Title 10 U.S.C.

  Section 3118 of the National Defense Authorization Act (NDAA) of 2011, P.L. 111-383 - extended Other Transaction Authority through 2015.

Description

• The purpose of this mechanism is to attract collaborative partners and otherwise unreachable technologies that would be uninterested in partnering through other agreements such as a CRADA.

  • A transaction other than a contract, grant, or cooperative agreement
  • Not subject to procurement laws, FAR, DEAR, or DOE Assistance Regulations

  Potentially many kinds of instruments.

  A relatively new mechanism for DOE, used in a very limited capacity.

Features/Characteristics

• Two different regulations/instruments:

  • OTs for prototype projects - if purpose is to acquire goods and services for DoD - called "Other Transactions."
  • OTs for research - if purpose is stimulation and support of a public purpose authorized by law. - called "Technology Investment Agreements" (TIAs).
  DOE has decided not to develop OT guidance for acquisitions at this time - developed guidance only for assistance.

I.P. and Resource Commitment

• To maximum extent practicable, nonfederal parties provide at least 50% of the resources.

  If this amount of cost sharing is impractical, then must determine whether other factors show recipient commitment to project success.

Other Agencies/Laboratories That Use This Mechanism