GAO Continues to Expand the Scope of “Prototypes” DoD May Buy Through OTs

The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one:  How can I get in on the action?  Understandably, OTs – essentially contracts not subject to procurement laws or regulations like the Federal Acquisition Regulation (“FAR”) – are very enticing to traditional and nontraditional contractors alike.  And opportunities for OTs abound, particularly since Congress, in 2015, codified the DoD’s authority to award OTs for “prototype projects” (previously just a pilot program) and expanded that authority to include OTs for follow-on production efforts.