The origination of Other Transaction Agreements (OTAs) traces
back to the October 1957 launch of Sputnik I by the Soviet Union
and the subsequent Space Race. Congress created the National
Aeronautics and Space Administration ("NASA") to quickly
design and build new space technology. Following the creation of
NASA, Congress granted the agency broad authority to "enter
into and perform such contracts, leases, cooperative agreements,
or other transactions as may be necessary" to carry
out its mission. National Aeronautics and Space Act of 1958, Pub.
L. No. 85-568, Section 203(5).
Although OTAs have been around for many years, since 2016 their
use has, to use a pun, skyrocketed. Indeed, billions of
appropriated funds are used to acquire the development of advanced
technology through OTAs. Although OTAs have the benefit of
decreasing the burden of the federal acquisition process, they also
restrict a contractor's ability to challenge their use.
