Title transfer of contractor-purchased property in a prototype Other Transaction Authority (OTA) contract
Started by dd4bama · Dec 15, 2023 · 1 replies
- dOriginal post
dd4bama
Dec 15, 2023 · 2y ago
Background: Contractor acquired items (special A/C units etc.) for the production of a commercial item prototype widget for the Government under an OTA contract. OTA states contractor will acquire and maintain all items necessary for prototype development. There is no OTA language regarding title other than "if the Government elects not to retain title it is considered abandoned in place and transfers to the contractor." Poorly worded, but not the issue and a separate discussion for another day.
Bottom line: To whom does title transfer at the end of an OTA for items that are NOT the end user deliverable/functional prototype in the absence of relevant language?
- C
C Culham
Dec 27, 2023 · 2y ago
On 12/15/2023 at 6:40 AM, dd4bama said:
Background: Contractor acquired items (special A/C units etc.) for the production of a commercial item prototype widget for the Government under an OTA contract. OTA states contractor will acquire and maintain all items necessary for prototype development. There is no OTA language regarding title other than "if the Government elects not to retain title it is considered abandoned in place and transfers to the contractor." Poorly worded, but not the issue and a separate discussion for another day.
Bottom line: To whom does title transfer at the end of an OTA for items that are NOT the end user deliverable/functional prototype in the absence of relevant language?
Really late to the party but by read of the following guide I beleive your question is best answered by the agency with who the OTA is with.
https://www.acq.osd.mil/asda/dpc/cp/policy/docs/guidebook/TAB A1 - DoD OT Guide JUL 2023_final.pdf