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DOD/OS RIN: 0790-AK98 Publication ID: Fall 2023 
Title: Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects 

The Department of Defense proposes to revise its rule on Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects in order to reflect changes in 10 U.S.C. 4022 and its predecessor authorities. Other Transactions (OTs) for prototype projects are legally binding agreements that serve as alternatives to traditional Government procurement contracts and provide authority for broad flexibility in terms of the award process and the terms and conditions for the project. The proposed changes broaden use and revise procedures including:  provide authority for follow-on production OTs and contracts; special circumstances for award of OTs to small businesses, nontraditional defense contractors, nonprofit research institutions, and consortia; add approval requirements for large dollar OTs; provide authority to supply prototypes and production items as Government furnished items; and apply procurement ethics requirements to section 4022.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 3   
Legal Authority: sec. 845, Pub. L. 103-160    107 Stat. 1547   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Larry McLaury
Senior Procurement Analyst
Department of Defense
Office of the Secretary
4800 Mark Center Drive, Suite 15D07,
Alexandria, VA 22350
Phone:571 309-0940