INTERAGENCY AGREEMENT (IA) TRAINING

1. INTERAGENCY AGREEMENT (IA)TRAINING

2. Contents General Interagency Agreement information Interagency Agreement Actions Types of interagency agreements at ARS Development of the interagency agreement Negotiating interagency agreements Interagency agreement financials Roles and responsibilities Aris and the interagency agreement Interagency agreement closeout

3. General Interagency Agreement Information The interagency agreement Legal authorities Liability Antideficiency act

4. Interagency Agreements Interagency agreements are used when one Federal agency is in a position to provide materials, supplies, equipment, work, or services of any kind that another agency needs to accomplish its mission. The Treasury Financial Manual governs all intergovernmental business.

5. Interagency Agreements When interagency agreements are executed an obligation is incurred.

6. Interagency Agreements Incoming Funds ARS can enter into an intra-agency agreement with another agency of the USDA or an inter-agency agreement with another department of the Federal government to provideservices, supplies and equipment, as requested by the ordering agency. ARS may be the Performing or Servicing Agency.

7. Interagency Agreements Outgoing Funds ARS can enter into an intra-agency agreement with another agency of the USDA or an inter-agency agreement with another department of the Federal government to receiveservices, supplies and equipment. ARS is the Requesting or Ordering Agency

8. Statutory Authority The legal (statutory) authority for entering into interagency agreementsis normally 31 USC 1535, as amended. This statute is commonly referred to as “The Economy Act”

9. What is the Economy Act? THEECONOMY ACT is a broad Government-wide statutory authority allowing agencies to engage in inter- and intra-agency reimbursable agreements, which will result in a transaction more economical or convenient than if the ordering agency had acquired the goods or services from commercial sources.

10. Economy Act IAs Interagency agreements executed under the authority of the Economy Act must be signed by both agencies.

11. Other Statutory Authorities If the Economy Act is not the statutory authority, then another authority would be cited. New to everyone is citing ARS’ cooperative agreement authority on the interagency agreement form: • 7 USC 3318(b) - Section 1424 of the Food Security Act of 1985, Public Law No. 99–198, amended Section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977

12. Other Statutory Authorities Examples of other authorities: • Franchise Funds – franchise funds are self-supporting business-like entities that provide support services common to federal agencies. They operate on a reimbursable basis. • Intra-governmental Revolving Funds – Intra-governmental revolving funds are established to collect funds from other agencies and appropriations accounts to finance a continuing cycle of business-type operations. • Skaggs Amendment– The Skaggs Amendment authorizes the Servicing Agency to perform reimbursable work for other agencies outside standard Economy Act procedures. The Skaggs Amendment is applicable as long as the objective of the proposed efforts is to assist another agency in achieving greater energy efficiency, water conservation or use of renewable energy by means of privately financed mechanisms, such as utility incentives and energy savings performance contracts.

13. Economy ActBona Fide Needs Rule The bona fide needs rule applies when transferring funds between Federal agencies.

14. What is the Bona Fide Needs Rule? The bona fide needs rule is a rule of appropriations law. It mandates that a fiscal year’s appropriations be obligated only to meet a legitimate – or bona fide – need arising in the fiscal year for which the appropriation was made.

15. Economy ActBona Fide Needs Rule As with a contract, an agency’s funds are considered obligated when the agreement is signed by the ordering agency.>> o <<This means there was a BONA FIDE NEED for the supplies or services during the fiscal year for which the funds were obligated, even if they were obligated to another Federal agency.

16. How Bona Fide Needs Rule Applies to IA IAs awarded under the Economy Act, which cite an annual or multi-year appropriation, must serve a bona fide need arising or existing in the fiscal year (or years) for which the appropriation is available for obligation.

17. No Bona Fide Need? The servicing agency should refuse to accept an Economy Act agreement, if it is obvious that the order for service does not serve a need existing in the fiscal year for which the appropriation is made.

18. Economy Act When the servicing agency intends to apply funds to a third-party (i.e., outgoing agreement), the funds have to be obligated by the servicing agency by the end of the fiscal year the appropriation expires.NOTE: If not accomplished in that time period, the funds must be returned to the requesting agency.

19. Interagency Acquisition? What if ARS uses another Federal agency’s contract and/or contracting services to obtain the supplies or services we need? Federal Acquisition Regulation (FAR) Subpart 17.5 outlines “interagency acquisitions” “IAA”

20. FAR Subpart 17.5 – the IAA • Generally, the requesting agency will initiate a request for supplies or services from another agency (servicing agency). • If the servicing agency’s contract is being used to obtain the supplies or services then it is an interagency acquisition applicable to the FAR. • If the interagency reimbursable work is being performed by Federal employees (other than acquisition assistance) then the FAR is not applicable.

21. Truly an Interagency Acquisition? If the purpose of the interagency agreement is to provide funding to another Federal agency in support of a mutually beneficial research program or project, the FAR Subpart 17.5 does not apply. Authority 7 U.S.C. 3318(b) will be cited on the interagency agreement form when there is cooperative research of mutual interest, and the D&F may not be required.

22. Determination and Findings Statement What happens if the servicing agency asks ARS for a copy of our Determination and Findings “D&F” statement? If 7 U.S.C. 3318(b) does not apply, a D&F statement is required.

23. Determination and Findings Statement Refer to the APD Alert entitled INTERAGENCY ACQUISITIONS for instructions on how to secure a D&F http://www.afm.ars.usda.gov/acquisitions/pdffiles/APDALERT201305.pdf

24. Liability As officials of the government whose actions shape the fiscal liabilities of the United States, both the Performing and Requesting Agencies have a responsibility to ensure the proper use of federal funds when entering into transactions obligating federal funds.

25. Liability & Responsibility Ordering /Requesting Agency Servicing /Performing Agency Responsible for its own appropriations. When procuring goods and services is entrusted with the ordering agency’s appropriations, and its conduct directly affects the scope of the legal liability and the obligational consequences of the charged appropriation account.

26. Liability & Responsibility Ordering Agency shall: Servicing Agency shall: Ensure appropriations are properly obligated Ensure bona fide needs rule is applied Ensure no over-obligation Ensure compliance with the Antideficiency Act. Ensure appropriations are properly obligated Ensure bona fide needs rule is applied Ensure no over-obligation Ensure compliance with the Antideficiency Act.

27. Antideficiency Act The Antideficiency Act prohibits a government official or employee from making an expenditure or an obligation that exceeds or is in advance of available appropriations. 31 U.S.C. § 1341(a)

28. Antideficiency Act The Antideficiency Act prohibits federal employees from… • Making or authorizing an expenditure from, or creating or authorizing an obligation under any appropriation or fund in excess of the amount available in the appropriation, or fund, unless authorized by law. 31 U.S.C. § 1341(a)(1)(A) • Involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B)

29. Antideficiency Act The Antideficiency Act prohibits federal employees from… • Accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342

30. Antideficiency Act Violations Federal employees who violate the Antideficiency Act are subject to two types of sanctions: • Administrative - including, when circumstances warrant, suspension from duty without pay or removal from office; and • Penal- subject to fines, imprisonment, or both

31. Interagency Agreement Actions The following describes the Types of IA actions that can be initiated

32. IA Actions New AgreementA document covering a new work requirement • defines the specifications and conditions agreed upon between ARS and other governmental entity • considered a new agreement.

33. IA Actions Recurring AgreementA recurring agreement is an annual agreement that is entered into each year. generally run October 1 through September 30; provide for the performance of work similar or identical in nature to that previously required; obligates funds in the new year.

34. IA Actions Multi-year Agreements An interagency agreement where the funding source is multi-year. • The life of the funds are identified by Congress in the agency’s appropriation language. • The funds are to be obligated the same way as a single year appropriation, based on the date identified as the end of the funds.

35. IA Actions Modification Agreement A modification of an agreement alters or amends one or more provisions of a current fiscal year interagency agreement. Written Signed and dated by all parties, prior to any changes being performed

36. IA Actions Amendments An amendment may: Add new fiscal year funding and tasks/scope of work to an existing agreement; Extend the period of performance Modify the scope of work The amendment must be signed and dated by all parties, prior to taking effect.

37. Types of Interagency Agreements at ARS Research Admin services Service Only

38. IA Types • Research • Service Only - Space and Other ServicesExamples: • Funds received by (or provided to) another federalagency for revocable permits for use/occupancy of ARS-owned space • Revocable Permits with another federalagency for antennas on ARS-owned buildings and structures

39. IA Types • Service Only – TravelExamples: • Travel and miscellaneous reimbursements from another federal agency • Federal agency-sponsored travel reimbursements

40. IA Types • Service Only -Administrative Services Examples: • AFM Support Service Agreements • Maintenance of National Grove of State Trees • Design & remediation for National Priorities site clean up • Conferences • Digitop • Salary reimbursement for employees (on detail to other federal agency) • Hazardous Waste, USDA (Centralized at NCRBCS)

41. IA Types • Quarters and Other Services There have been interagency agreements for quarters occupied by other federal agencies in the past, however they rarely occur. Note: “Quarters” or “government-furnished quarters,” are generally housing units owned or leased by the federal government for which the government serves as the landlord.

42. IA Types • Interagency transactions not handled by Grants Management Specialists/ADOs include: • GSA Reimbursable Work Authorizations (RWA) (GSA Form 2957). • Government Printing Office (Forms: SF-1 or GPO-2511). • Training with other Federal agencies (AD-182). THIS LIST IS STILL BEING DEFINED. ALL RESEARCH IAs ARE THE ADO’S JOB.

43. Development of the Interagency Agreement

44. New IA Development Steps • ARIS approval is required for any incoming and outgoing(effective October 1) interagency agreement. • A written request was originally required for outgoing interagency agreements • request had to contain financial information. • Proposal. • For Administrative Support IAs, the “proposal” might be an email message.

45. New IA Development • Summary description of the project objective and the general scope of what is being agreed upon should be defined and stated clearly in all agreements (can be a proposal). • A summary description may contain information such as personnel, equipment, facilities, etc. • Statement of Work/Scope of Work if IA is for research. • May contain budget details. • Performance Period (start and end dates).

46. New IA Development • Determination & Findings, only when you have an IAA. • Data. • Amount & Billing • If the IA spans multiple fiscal years, the requesting agency shall indicate the estimated amount by each fiscal year. • Billing frequency can be as often as monthly.

47. New IA Development Points of Contact information for both agencies. The standard IA form is generally provided by the requesting/ordering agency. The Form AD-672, Reimbursement or Advance of Funds Agreement. REE e-Forms Application Signaturesconveying that the IA has been agreed upon and approved by all parties signing the IA.

48. Form AD-672 (Upper Half)

49. Form AD-672 (Lower Half)

50. New IA Development Signed interagency agreement serves as the obligating/reimbursable document.