United States Environmental Protection Agency - Region VIII Grants, Audit, and Procurement Program Office, 8TMS-G EPA202-B-99-001 April 2000-First Edition Managing Your Financial Assistance Agreement Refresher Course for Project Officers INTERAGENCY AGREEMENTS 'rinted on Recycled Paper ------- Table of Contents ISSUE Introduction & History of Training Requirements Overview - lAGs Authorities Project Officer Roles & Responsibilities Purpose of Closeout: Closeout -Roles & Responsibilities PAGE 4 6 9 10 Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: APPENDICES EPA Form 1610-1 Interagency Agreement Document Requirements for NEW LAG or Amendment REGION VIE Commitment/Award Certification Form 50-B Notification of Personnel Action Grants Management Fact Sheets for Agency Leaders: #2: Potential for Poor Quality Products #4: Conflict of Interest #7: Preaward Costs Under lAGs #12: Payment Under lAGs Government Performance Results Act Best Practices Guide for Conferences ------- Appendix G: Appendix H: Appendix I: Appendix J: Appendix K: Appendix L. Appendix M: Appendix N: Policy Memo to Close Disbursement & Reimbursement Interagency Agreements-2/12/99 Close out Policy for Disbursement Interagency Agreements Closeout Policy for Reimbursement Interagency Agreements 4831 - Personal Property Management Policy Manual Appendix T-Interagency Agreement Decision Memorandum Guidance, Pre-Award 1AG Activities and Subcontractor Selection Federal Acquisition Regulation-Part 17: Special Contracting Methods (use Subpart 17.5 with Appendix I-Decision Memorandum Guidance for Economy Act LAGs) Legal Opinion Regarding the Use of Interagency Agreements Direct Payment to Contractors under lAGs (2/7/2000) Financial Guidance for Reimbursable Interagency Agreements- Cincinnati Finance Management Center Financial Guidance for Disbursement Interagency Agreements- Cincinnati Finance Management Center Appendix O: Grants Program Assignments ------- INTRODUCTION & HISTORY OF TRAINING REQUIREMENTS On OctobeM, 1995, EPA required all Project Officers for grants, cooperative agreements and/or Interagency Agreements (IAG) to complete the basic course "Managing Your Financial Assistance Agreement-Project Officer Responsibilities." At this time (April, 2000), Project Officers are encouraged to attend the Refresher course. The purpose of this course is to review and update your knowledge of guidance documents and NEW information available to assist you when utilizing lAGs in your work efforts. The information included in this manual is not all inclusive and is to be used only as a tool for reference. ------- OVERVIEW - INTERAGENCY AGREEMENTS Definitions Roles & Responsibilities KEYPOINTS: "IAG" - Federal interagency agreements and Intergovernmental agreements between a Federal agency, State or local government. Two participants: - "Ordering Agency" which pays for the goods or services under a "funds out" agreement and; - "Servicing Agency" which provides the goods or services under a "funds in" agreement. For guidance on preparing an Interagency Agreement package see Appendix I, "Interagency Decision Memorandum Guidance...," Gary Katz, dated 9/30/96. ------- Four Types of IAG: - Federal Interagency Agreements: Written agreements between Federal agencies under which goods and services are provided in exchange for funds, or where services are exchanged without payment. - Policy Agreements or Memorandums of Understanding: lAGs where NO FUNDS CHANGE HANDS. These agreements set forth basic policies and procedures governing the relationship between the agencies. - Intergovernmental Agreements: Agreements between a Federal agency and a state or local government under which the state or local government reimburses the Federal agency for the costs of providing a specific technical service, e.g., statistical studies and compilations, technical tests and evaluations, training, surveys, reports, documents and data. - International Agreements: Agreements under which work will be conducted for a foreign government or involving international work or travel or an international organization. The Office of International Activities must be involved for international agreements. For additional information on each of the above types of interagency agreements see Module VIII of the Basic Project Officer training manual. ------- Focus of Refresher Training will be on Federal Interagency Agreements (first of the four types of IAG). RVIII Policy: any time money is exchanged between RVIII and another agency, RVIII must issue an IAG document (whether a funds in agreement or funds out agreement). Disbursement (DW) IAG: EPA money transferred to another agency. (EPA is the Ordering Agency-funds out agreement.) Reimbursement (RW) IAG: Other agencies money transferred to EPA. (EPA is the Servicing Agency-funds in agreement.) ------- AUTHORITIES: Economy Act of 1932, Cooperation Authorities and the Intergovernmental Cooperation Act The Economy Act allows an agency to obtain goods or services from another agency to improve economy and efficiency in the government. To use the Economy Act, BOTH Federal agencies must be inherently responsible for conducting the proposed activities and authorized to use their appropriation for the work. For Economy Act Interagency Agreements none of the funds will be used for a grant or cooperative agreement. The Cooperation Authorities, e.g., section 103 of the Clean Air Act or section 104 of the Clean Water Act, allows EPA to enter into an IAG with other Federal agencies. The work must be eligible under one or more of EPA's cooperation authorities. If any of the funds will be used for a grant or cooperative agreement, both of the following conditions must be met: - The relationship between the recipient and the ordering agency must be one of assistance and; - Both agencies must have legal authority to award the Grant or cooperative agreement. To review a listing of current EPA cooperation authorities see Appendix I, attachment 4. The Intergovernmental Cooperation Act provides authority which allows State and local governments to obtain goods/services from the Federal government. The office of Management and Budget Circular A-97 provides detailed guidance for these agreements. ------- Under a funds-in Economy Act or cooperation authority IAG, if EPA will use more than 15% or $15,000 for travel, the Decision Memorandum must include a statement that the purpose of the IAG and associated travel is to carry out a project in support of the other agency's mission and not to augment EPA's travel ceiling. For funds-out Economy Act or cooperation authority lAGs with travel budgets meeting the same criteria, the other agency's Project Officer must provide a similar statement. If IAG funds will be used for a grant or cooperative agreement, the funding package must include a statement from the EPA Project Officer that the principle purpose of the work is to support or stimulate the recipient to accomplish a public purpose and NOT for the direct use and benefit of the Federal government. For a funds-out agreement, the funding package must include a similar statement from the other agency's Project Officer. The Decision memorandum must cite both EPA's and the other agency's grant making authority. ------- PROJECT OFFICER ROLES & RESPONSIBILITIES Interagency Agreements Work Consistent with EPA's Mission Negotiate Scope of Work, Funding & Budget Obtain Necessary Concurrences Prepare Funding Request Assure Performance Review & Approve Payments Close-out Agreement KEYPOINTS: Activities under lAGs must be consistent with EPA's mission and statutory authority. EPA cannot use an IAG to acquire authority it does not already have. Each IAG should be for a distinct project with a clearly defined objective or work product. The Project Officer is responsible for negotiating the work EPA and the other agency will perform. Both Agencies should negotiate the estimated cost of the IAG. The estimate must reflect all substantial costs necessary to carry out the project, e.g., personnel, extramural agreements, travel and preparation of reports (particularly the final report). For funds-out lAGs, the Project Officer should assure the costs for the proposed work is reasonable. The determination must be documented in the Project Officer's file. ------- The Project Officer will probably be the program's person to prepare the draft EPA Form 1610-1 and the decision memorandum, see Appendix I for guidance. If the IAG includes international activities, the Project Officer must obtain the approval of the Office of International Activities. For funds-out lAGs, the program office must prepare a Commitment/Award Certification Form (Appendix B) which approves funds. If the IAG includes funds for a detail for an EPA employee the package must include a completed Personnel Action Form (SF 50), see Appendix C. The Project Officer should determine what programmatic terms and conditions the Grants Management Office will include in the agreement. If the IAG payments will be made in ADVANCE the Project Officers need to justify use of the "Advance Method" in the decision memorandum. For funds-out agreements, a breakdown of the costs associated with the billing request must be provided to the EPA Project Officer. The Project Officer needs to determine that costs billed to EPA are necessary and reasonable. If the information is not provided by the other agency, the Project Officer should notify the Cincinnati Financial Management Center (CFMC). Appendix M or N. The Project Officer is responsible for monitoring performance. Problems that may arise should be brought to the attention of the respective Grants Management Office. ------- The Project Officer is responsible for working with their respective Grants Management Office to assure a timely close-out of the agreement once the work is completed. Closeout procedures are outlined in Grants Policy Issuance Number 99-2 and 99-3, see Appendix G. 8 ------- PURPOSE OF CLOSEOUT KEYPOINTS: Closeout ensures a final accounting of expenditures and an assessment by the Project Officer that all technical work has been completed and is satisfactory. Project closeout remains a high priority by the Agency and Project Officers need to work with their.respective Grants Management Office to facilitate a timely closeout of their projects. Internal procedures may vary between the Grants Management Offices and Project Officers should contact their respective GMO to inquire on the closeout process. For Interagency Agreement closeout procedures, see Appendix G. ------- CLOSEOUT - ROLES & RESPONSIBILITIES KEYPOINTS: The Grants Management Office should be notified as soon as the Project Officer has received and accepted a final technical report. A Project Officer can recommend that closeout Procedures begin and assist his/her respective GMO in closing out a project. By initiating the closeout process the Project Officer is certifying that all programmatic terms and conditions of the assistance agreement have been satisfied. The Project Officer should provide equipment disposition instructions to the respective GMO. A review of the appropriate general regulations should be made to assure that proper procedures are being followed . 10 ------- Appendix A ------- Page 1 of 3 £ aflk % I t^99^7 1 United States Environmental Protection Agency Washington, DC 20460 \^iSl^rjg Interagency Agreement Amendment Part 1 - General Information 6. Name and Address of EPA Organization 1. EPA IAG Identification Number 2. Other Agency IAG ID Number 3. Type of Action 4. Funding Location by Region 6. Program Office Abbreviation 7. Name and Address of Other Agency 8. Project Title 9. EPA Project Officer (Name, Address, Telephone Number) 11. Project Period 10. Other Agency Project Officer (Name, Address, Phone Number) 12. Budget Period 13. Scope of Work EPA Grants Specialist for this IAG is 14. Statutory Authority for Both Transfer of Funds and Project Activities Funds 16. EPA Amount 17. EPA In-Kind Amount 18. Other Agency Amount 19. Other Agency In-Kind Amt 20. Total Project Cost Site Name DON Previous Amount 15. Other Agency Type Amount This Action Amended Total 21. FISCAL FY Approp. Budget Org. PRC Object Site/Project Cost Org. Obligation EPA Form 1610-1 (Rev. 1048). Previous editions are obsolete. ------- EPA 1AG Identification No. Page 2 of 3 Part II - Approved Budget EPA IAG Identification Number 22. Budget Categories Kemization of This Action Kemization of Total Project Estimated Cost to Date (a) Personnel (b) Fringe Benefits (c) Travel (d) Equipment (e) Supplies (f) Procurement / Assistance (g) Construction (h) Other (i) Total Direct Charges (j) Indirect Costs: Rate % Base $ (k) Total (EPA Share %) (Other Agency Share %) 23. Is equipment authorized to be furnished by EPA or leased, purchased, or rented with EPA funds? I I Yes I I No (Identify all equipment costing $1,000 or more) 24. Are any of these funds being used on extramural agreements? (See Item 22f.) I I Yes No Type of Extramural Agreement D Grant I I Cooperative Agreement I I Procurement Contractor/Recipient Name (if known) Total Extramural Amount Under This Project Percent Funded by EPA (if know Total $ Part III - Funding Methods and Billing Instructions 25. (Note: EPA Agency Location Code (ALC) - 68010727) Disbursement Agreement LJ Repayment D Advance LJ Allocation Transfer-Out Request for repayment of actual costs must be itemized on SF 1080 and submitted to the Financial Management Of OH 45268: D Monthly D Quarterly D Upon Completion of Work Only available for use by Federal agencies on working capital fund or with appropriate justification of need for this t method. Unexpected funds at completion of work will be returned to EPA. Quarterly cost reports will be forwarded Management Center, EPA, Cincinnati, OH 45268. Used to transfer obfigational authority or transfer of function between Federal agencies. Must receive prior approval Comptroller, Budget Division, Budget Formulation and Control Branch, EPA Hdqtrs. Forward appropriate reports Reports and Analysis Branch, Financial Management Division, PM-226F, EPA, Washington, DC 20460. 26. Reimbursement Agreement LJ Repayment D Advance D Allocation Transfer-In Other Agency's IAG Identification Number Other Agency's Billing Address (include ALC or Station Symbol Number) EPA Program Office Allowance Holder/Resp. Center No. Other Agency's Billing Instructions and Frequency EPA Form 1610-1 (Rev. 1048). Previous editions are obsolete ------- EPA 1AG Identification No.- - Page 3 of 3 Part IV - Acceptance Conditions EPA Identification Number 27. General Conditions The other agency covenants and agrees that it will expeditiousty initiate and complete the project for which funds have been awarded under this agreement 28. Special Conditions (Attach additional sheets If needed) Part V - Offer and Acceptance Note: 1) For Disbursement actions, the agreement/amendment must be signed by the other agency official in duplicate and one original returned to the Grants Administration Division for Headquarters agreements or to the appropriate EPA Regional LAG administration office within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. The agreement/amendment must be forwarded to the address cited in item 29 after acceptance signature. Receipt of a written refusal or failure to return the properly executed document within the prescribed time may result In the withdrawal of offer by EPA. Any change to the agreement/amendment by the other agency subsequent to the document being signed by the EPA Action Official, which the Action Official determines to materially alter the agreement/amendment, shall void the agreement/amendment 2) For Reimbursement actions, the other agency will initiate the action and forward two original agreements/amendments to the appropriate EPA program office for signature. The agreements/amendments will then be forwarded to the appropriate EPA IAG administration office for acceptance signature on behalf of the EPA. One original copy will be returned to the other agency after acceptance. EPA IAG Administration Office (for administrative assistance) EPA Program Office (for technical assistance) 29. Organization/Address US 30. Organization/Address Certification All signers certify that the statements made on this form and all attachments thereto are true, accurate, and complete. Signers acknowledge that any knowingly false or misleading statements may be punishable by fine or imprisonment or both under applicable law. Decision Official on Behalf of the Environment Protection Agency Program Office 31. Signature Typed Name and Title Date Action on Behalf of the Environment Protection Agency 32. Signature Typed Name and Title Date Authoring Official on Behalf of the Other Agency 33. Signature Typed Name and Title Date EPA Form 1610-1 (Rev. 10-88) Previous editions are obsolete. ------- DOCUMENTS REQUIRED FOR A NEW IAG (Disbursement IAG or Reimbursement IAG): 1. Completed Draft of EPA Form 1610-1 (all three pages) 2. Scope of Work (SOW) 3. Decision Memorandum developed by project officer, signed by ARA & concurred on by appropriate program office staff determined by project officer 4. Signed Region VIII Commitment/Award Certification DOCUMENTS REQUIRED FOR AN AMENDMENT: 1. Copy of previous action of EPA 1610-1 form (all three pages) with all new changes marked 2. Amended SOW to attach (if appropriate) 3. Signed Region VIII Commitment/Award Certification (if appropriate) ------- Appendix B ------- How do I get to the Region VIII Commitment Award/Certification Form? I:\Grants\Newc&a.l23 Please DO NOT use the Headquarters Commitment form unless the funds FROM Headquarters. ------- United States Environmental Protection Agency Region VIII COMMITMENT/AWARD CERTIFICATION Tj APPLICANT NAME ^T) EPA COMMITMENT AMOUNT 4 CARRY OVER AMOUNT $ F $ ASSIST ANCE/IAG NUMBER D (IF ASSIGNED) ROJECT/BUDGET PERIOD START END ADD-ON TO ALLOCATION AMOUNT 1 PART OF ALLOCATION AMOUNT | | ^T) IAG LJ GRANT/COOPERATIVE AGREEMENT Q PPG (see attached) Q TYPE OF ACTION: NEW | CONTINUATION Q AMENDMENT/INCREASE L] DELEGATION OF AUTHORITY NUMBER CFDA NUMBER _6j PROJECT DESCRIPTION: _7J STATUTORY AUTHORITY: 8J GRANTS ONLY: NON-COMPETITIVE JUSTIFICATION _9J JUSTIFICATION FOR CONTRACT vs. GRANT/* 10 | REPORTING REQUIREMENTS: ~~^ Programmatic Terms QUARTERLY Q ANNUALLY Q FINAL Q and Conditions Attached? 1 1 EPA P.O. SIGNATURE: 12 PROGRAM FUNDS APPROVED: DAT DAT YES Q NO Q E E: FINANCIAL AND ACCOUNTING DATA 13] BUDGET APPROP. BUDGET PROGRAM OBJECT DCN FY CODE ORG/CODE RESULTS CLASS Amount (dollars) CODE 1 - ! : 5 £ :i~~" 3 *.? f.;" ":' '' '-.~- '-:." ? ;^.» ''"^ *r :-:;' : , _.. . ^w ^ " -f 14] FUNDS CERTIFYING OFRCER SIGNATURE: (AO) t DECISION OFFICIAL (or designee) 15] SIGNATURE: (ARA) DATE SITE/PROJECT CostOrg/Code *' I-?-' -- ~ >ATE: REVISED R8TMS-G/Sept99 NEWC&A123 EPA GRANT FORM-001 ------- NSTRUCTIONS FOR COMPLETION OF COMMITMENT /AWARD CERTIFICATION . Applicant name: Legal name of recipient .. Assistance number: Grant/CA/lAG number (if known) 5. EPA Commitment Amount $: New funds to be awarded . Grants Only: Carryover Amount $: Unobligated Balance Amount Add-on to Allocation Amount: Amount of funds in addition to the current allocation Part of Allocation Amount: Amount to replace current year funds (will free-up current year funds for another recipient). . Check one: Grant/Cooperative Agreement Performance Partnership Grant (PPG) InteragencyAgreement (IAG) iheck one Type of Action: Self -explanatory 6. Project Description: Self-explanatory . Statutory Authority: Authorization Authority for this award (Clean Air, Section 105, etc.) 8. Grants Only: Non-Competitive Justification: Justification why this award was non-competitive (Continuing Environmental Program, etc.) 9. Justification for Contract vs Grants/lAG: Self-explanatory 10. Reporting Requirement a. Grants only: Quarterly, Annual, Final b. Grants or lAGs: Programmatic Terms and Conditions Attached: Yes or No 11. EPA P.O. Signature: Signature of the Project Officer and Date 12. Program Funds Approved: Program person responsible for tracking the funds to complete all information for Block 13 (EXCEPT DCN) and Date 13. Financial and Accounting Data: See 12 and 14 14. Funds Certifying Officer Signature: Administrative Officer(AO) will enter DCN (Block 13) number and Date 15. Decision Official (or designee): Assistant Regional Administrator (ARA) ------- Appendix C ------- Standard Form 50-B Rev. 7/91 U.S. Office of Personnel Management FPM Supp. 296-33. Subeh. 4 NOTIFICATION OF PERSONNEL ACTION 1. Name (Las FIRST 5-A.Code S-C.Code 5-ECode t, First, Middle) ACTION 5-B. Nature of Action 5-0. Legal Authority 5-F. Legal Authority 7. FROM: Position Title and Number S.PayPlan 9.0cc.Code 10. Grade/Level 11. Step/Rate 1Z Total Salary 13.PayBasis 12A.BascPay 12B. Locality Adj. 12C. Ad). Basic Pay 12D.OtHerPay 2. SoaaJSe< SECor 6-A.Code 6-C. Code 6-ECode ainty Number 3 Date of 64*1 1 4. Effective Date JD ACTION 6-B. Nature of Acton &-D. Legal Authority 6-F. Legal Authority 15. TO: Position Title and Number 16. Pay Plan 17.00. Code 18. Grade/Level 19. Step/Rate 20. Total Salary/Award 21.PayBa m Basic Pay 20B. Locatty Mj. 20C. Adj. Basic Pay 200 Othw Pay 14. Name and Location of Position's Organization 22. Name and Location of Position's Organization EMPLOYEE DATA 23. Veterans Preference 1 1-None 3-10-Point/DisabHrry 5 - 10-Point/Other | 2 - 5-Point 4 - 10-Point/Compensable 6 - 10-Point/Comp«nsable/30% 27. FEGU 30. Retirement Plan 31 . Service Comp. Date (Leave) 24. Tenure 1 25. Agency Use 1 0-None 2 - Conditional | | 1 - Permanent 3 - Indefinite | | 28. Annuitant Indicator 32. Work Schedule 26. Veterans Preference for I I YES | ]NO 29. Pay Rate Determinant 33. Part-Time Hours Per , Biweekly Pay Period POSITION DATA 34. Position Occupied 1 1 - Competitive Service 3 - SES General I 2 - Excepted Service 4 -SES Career Reserved 38. Duty Station Code 40. AGENCY DATA 41. 35. FLSA Category 1 E- Exempt | N - Nonexempt 36. Appropriation Code 37. Bargaining Unit Status 39. Duty Station (City - County - State or Overseas Locator) 42. 43. 44. 45. Remarks 46. Employing Department or Agency 47. Agency Code 48. Personnel Office ID 49. Approval Date 50. Signature/Authentication and Title of Approving Official TURN OVER FOR IMPORTANT INFORMATION 1 r|notow.Co|w KMOto FutaW ItelWIlC* Edttrons Pnor to 7/91 Are Not Usable After 6/ S-Part 5O316 ------- Appendix D ------- Grants Management Fact Sheet for Agency Leaders:...: Potential for Poor Quality Product Page 1 of 2 Grants Management Fact Sheet for Agency Leaders: Number 2: Potential for Poor Quality Products Document ID Number: FS 02 Signer: Bruce M Feldman Signature Date: 02/01/93 Revision Date: Category: Fact Sheets GRANTSMANAGEMENTFACT SHEETFOR AGENCYLEADERS: NUMBER 2: POTENTIAL FOR POOR QUALITY PRODUCTS CONCERNS The potential exists for EPA to receive poor quality products or no product at aH from grantees because: There is sometimes a "rush" to make awards due to inadequate planning, and late program guidance. Roles and responsibilities between Project Officers and Grants Management staff are unclear. Monitoring of progress, grant conditions, or reports may be inadequate. IMPLICATIONS Poor quality products are a waste of resources and do not contribute to environmental improvement. Responsible persons maybe disciplined for poor performance. Interest payments may be incurred because of late awards of continuing environmental program grants. WHAT GAD IS DOING On June 1, 1990, the Deputy Administrator issued a memorandum restating and clarifying existing Agency policy on the roles and responsibilities for grant administration activities. On September 14,1992, GAD issued a policy on timely awards to assure State continuing environmental program awards are made as soon as possible after funds become available. GAD is developing Project Officer training which will focus on Project Officer roles vis-a-vis-Grants Management Office roles. GAD is establishing a Grants Customer Relations Council to focus on administrative issues. WHAT PROGRAM LEADERS SHOULD DO: Assure that national program guidance is prepared by April 30 as required by Agency policy Assure that your organization does early planning to avoid the end of the year "rush" and http://dchqdominol.wsm.epa.gov:987.../lc7aaOe4601947908525669d003b63e5?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: .... Potential for Poor Quality Product Page 2 of 2 ji ussiuie muiiying Assure that your program maintains close communications with Grants Management staff regarding the timing of grant awards. Assure that grants are p rop erly m onitored after award . CONTACT FOR FURTHER INFORMATION Bruce Pel dm an. Chief, Grants Policy and Procedures Branch, Grants Administration Division (202)260-5268 2/93 http://dchqdominol.wsm.epa.gov:987.../lc7aaOe4601947908525669d003b63e5?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 4: Conflict of Interest Page 1 of 2 ^ Grants Management Fact Sheet for Agency Leaders: Number 4: Conflict of Interest Document ID Number: FS 04 Signer: Bruce M. Feldman Signature Date: 05/01/94 Revision Date: Category: Fact Sheets GRANTS MANAGEMENTFACT SHEETFOR AGENCYLEADERS: NUMBER 4: CONFLICT OF INTEREST CONCERNS The potential exists for the actual or perceived misuse of funds because of conflict of interest. IMPLICATIONS Public confidence in the integrity of the:government or EPA may be adversely affected if the public believes public office is being used fbr'private gain. Avariety of disciplinary actions may be taken against those guilty of conflict of interest, ranging fir on: simple administrative reprimands, through dismissal, to criminal charges against the employee (e.g., accepting a bribe). WHAT IS GAD DOING On September 24, 1992, the Deputy Assistant Administrator for Finance and Acquisition and the Deputy Assistant Administrator for Research and Development issued a memorandum to ORD Directors setting forth EPA involvement in personnel and procurement actions of grantees. Conflict of interest is atopic in the GAD Project Officers training course. GAD established a Grants Customer Relations Council to focus on administrative issues. GAD is developing Conflict of Interest guidance memorandum to distribute the Project Officers. WHAT PROGRAM LEADERS SHOULD DO: Assure that staff are fully aware of the " Standards of Ethical Conduct For Employees of the Executive Branch" which states EPA employees may not take any action which would create the reasonable appearance of: (1) using a public office for private gain, (2) giving preferential treatment to any organization or person, or (3) losing independence of impartially of action. The Office of General Council distributed copies of this document to each employee. Assure that Agency staff takes the required Ethics training course. Assure that Agency staff do not direct or require the use of p articular persons or http://dchqdominol.wsm.epa.gov:987.../Of3a6c27f959e3d58525669d003bd563?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 4: Conflict of Interest Page 2 of 2 iirius uy asMsiaim; recipients iti uie peri unit azice ui a giciiii ur cuujierauve agreement CONTACT FORFURTHERESFOEMATION Bruce Feldman, Chief, Grants Policy, and Procedures Branch, Grants Administrative Division, (202) 260-5268. 5/94 http://dchqdominol.wsm.epa.gov:987.../Of3a6c27f959e3d58525669d003bd563?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 7: Preaward Costs Under IAGS Page 1 of 2 ^H* Grants Management Fact Sheet for Agency Leaders: Number 7: Preaward Costs Under IAGS Document ID Number: FS 07 Signer: Scott McMoran Signature Date: 08/01/94 Revision Date: Category: Fact Sheets, Interagency Agreement Documents GRANTSMANAGEMENTFACT SHEETS FOR AGENCY LEADERS: NUMBER?: PREAWARD COSTS UNDERlAGs CONCERNS EPA staff sometimes authorize other agencies to begin work under Interagency Agreements before tt action official signs them. IMPLICATIONS Preaward work limits options of program decision officials, since a decision not to pay for the work would improperly augment EPA's budget or create in the other agency an Ann'deficiency Act violation. Contractors may be assigned work that is not funded The other agency cannot obtain timely repayment WHAT GAD IS DOING The Interagency Agreement Policy and Procedures Compendium makes clear the EPA staff should n« ask other agencies to begin work until lAGs are signed. This requirement is restated in an August 10,1988, memorandum from David Ryan, Comptroller and Harvey Pippen, Director, Grants Administration Division. WHAT PROGRAM LEADERS SHOULD DO: Assure that project officers are aware that they should not ask other agencies to begin work until lAGs are signed, except as provided below. In cases where emergencies, unplanned delays in funds availability, or other problems make is necessary to move forward before award of the IAG, obtain Decision Official approval and develop and IAG funding package as soon as practicable. The Decision Memorandum must explain the situationidentify the activities conducted before the IAG signature, explain why h^lp^/dchqdominol.wsm.epa.gov:987.../bee773850c58d9768525669d003d719a?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 7: Preaward Costs Under IAGS Page 2 of 2 K was necessary co oegm wore, ana proviae a statement tnat an HITA representauve authorize the LAG activities. CONTACT FOR FURTHER INFORMATION Scott McMoran, Chief, Grants Information and Analysis Branch, Grants Administration Division (202) 260-4392 8/94 http://dchqdominol.Wsm.epa.gov:987.../bee773850c58d9768525669d003d719a?OpenDocunien 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 12: Payment Under lAGs Page 1 of 2 Grants Management Fact Sheet for Agency Leaders: Number 12: Payment Under lAGs Document ID Number: FS 12, GPI-00-1 Signer: Bruce M. Feldman Signature Date: 02/07/2000 Revision Date: Category: Fact Sheets, Grants Policy Issuance GRANTS MANAGEMENT FACT SHEETS FOR AGENCY LEADERS NUMBER 12: PAYMENTS UNDER TAGS Project officers often do not timely approve Interagency Agreement invoices because they do not have adequate information to determine whether progress is commensurate with costs incurred or costs are reasonable. IMPLICATIONS Project officers' inaction or delayed action makes it difficult for EPA to cancel or correct payments, where appropriate. Project officers may approve payments without adequate justification. WHAT ARE GAD AND .FMD DOING. Financial Management Division sends documentation received with billings to project officers with the Project Officer Invoice Approval Form. Grants Administration Division includes a standard condition in all lAGs which states clearly the need for other agencies to submit payment information documenting the costs covered under each invoice. WHAT PROGRAM LEADERS SHOULD DO Assure project officers are aware they should not approve IAG invoices unless they..have adequate information on progress and costs incurred to assure costs are reasonable. Advise project officers who determine they do not have http://dchqdominol.wsm.epa.gov:9876.../4eb7996a6f6d09cfB5256885006D253?OpenDocumen 3/27/00 ------- Grants Management Fact Sheet for Agency Leaders: Number 12: Payment Under lAGs Page 2 of 2 adequate information, to request additional information [from the other agency. Advise project officers that, if another agency does not provide requested information, to request assistance from GAD or FMD in obtaining the necessary information. If timely information is not received, request FMD to suspend or charge back the payment. Advise project officers to complete the approved dollar amount section of the project Officer Invoice Approval Form. CONTACT FOR FURTHER INFORMATION Scott McMoran, Chief, Grants Operations Branch B, (202) 564-5330. -Jeff Marsala, Cincinnati Financial Management Center, (513)487-2056. http://dchqdoniinol.wsm.epa.goy:9876.../4eb7996a6f6d09cf85256885006f3253?OpenDocumen 3/27/00 ------- Appendix E ------- UNfTED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 OFFICE OF THE CHIEF FINANCIAL OFFICER SEP 3 0 1998 MEMORANDUM SUBJECT: I FROM TO: terim Guida; rforfnanc Budget Execution under the New Government Act (GPRA) Architecture at EPA W. oiler (273 enior Resource Officials Senior Budget Officers Regional Comptrollers **PLEASE DISTRIBUTE TO APPROPRIATE STAFF* We are pleased to transmit the Interim Policy, Procedures and Guidance on Budget Execution for FY 1999 under the new GPRA structure at EPA. We thank you for your many excellent comments and suggestions on the earlier draft guidance and we have strived to faithfully incorporate them into this revision. We also appreciate your participation in the training programs we have presented. We look forward to continuing to work together over the next several months, as we implement GPRA in our FY 1999 budget execution activities. Please share this interim guidance with all appropriate staff in your organizations, including managers and project officers as well as budget and funds control staff. As you review the document, please let us know if there are any issues or concerns that you believe have not been adequately addressed or that require further clarification. We anticipate finalizing the guidance after resolution of some remaining issues. Meanwhile, please use this interim guidance as you execute the FY 1999 budget. Recycl«d/Racyclable.> Printed with Vegetable On Based Inks on 100% Recycled Paper (20% Poslconsumer) ------- If you have questions during your review, you may contact Jessica Brown (202 564-4978) of the Financial Management Division or Becky Fredericks (202 260-2995) of the Annual Planning & Budget Division. Attachment cc: SalJyanne Harper (2710) Nikki L. Tinsley, Acting Inspector General (2410) Beth Craig (3901R) Betty Bailey (3801R) David Ziegele (2721) Nanci Gelb (2732) Melissa Heist, OIG (2421) Jack Shipley (2733R) Ron Bachand (2734R) Financial Management Officers A COPY OF THIS POLICY CAN BE REQUESTED FROM THE FINANCE OFFICE. ------- Appendix P ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 20 1998 MEMORANDUM SUBJECT: Best Practices Guide for Conferences , FROM: Elizabeth Craig, Director Office of "Grants and Deb, TO: Betty k-Biiley/Direct Office of Acquisition Iv Senior Resource Officials OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT Office of Acquisition Management / Attached is a copy of the final "Best Practices Guide for Conferences" dated November 12, 1998. In June 1996, the Grants Customer Relations Council established an intra-agency workgroup to develop a guidance document for Agency personnel to use in planning, and assisting others, with conferences. The attached is a result of the workgroup's hard work. The workgroup's final product takes into consideration all of the comments received across the Agency. Every office's participation in reviewing and providing recommendations on the guidance added to its success and is very much appreciated. Conferences play an important role in fulfilling EPA's mission. This guide will help Agency staff make correct planning and funding decisions. The guide also provides a listing of reference materials for the user to consult for additional guidance. The guidance will be posted on the Agency's Intranet Grants Homepage and Lotus Notes Database in the near future and will be shared and discussed in future Project Officers training sessions. The workgroup's hard work and dedication to completing this difficult task is very much appreciated. They provided a valuable tool for Agency staff to use in addressing conference concerns. We would like to extend our personal congratulations and thank all of them. We hope that you will help us in disseminating this information to your organization. Attachments cc: Best Practices Guide for Conferences Workgroup Steve Wilson, OCIR Jeff Schwartz, Budget Margherita Pryor, ORD Jim Drummond, OGC Judy Vanderhoef, OIG Ann Carey, OSWER Juanita Smith, OW Bill Thomson, OPPTS Shirley Leonard, OAR John Cline, ORD Esther Jones, ORD Sylvia Horwitz, OGC Elissa Karpf, OIG Glorida Car, Gulf of Mexico Program Internet Address (URL) http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 20% Postconsumor> ------- BEST PRACTICES GUIDE FOR CONFERENCES November 12,1998 Prepared by Conference Guidance Workgroup: Steve Wilson, OCIR, Co-Chair Ann Carey, OSWER, Co-Chair Juanita Smith, OW, Co-Chair Jeff Schwartz, Budget Bill Thomson, OPPTS Shirley Leonard, OAR Margherita Pryor, ORD John Cline, ORD Esther Jones, ORD Jim Drummond, OGC Sylvia Horwitz, OGC Elissa Karpf, OIG Judy Vanderhoef, OIG Gloria Car, Gulf of Mexico Program ------- HOW TO USE THIS GUIDE This guide is structured to help you first identify the purpose of your conference and whose conference it is, since this should drive your choice of funding instruments and many of your subsequent conference decisions. You should use the indicators in Chapter 1 as a starting point to determine whose conference it is. Once you have decided whose conference it is, you will be guided to Chapters 2,3, or 4, which will describe the appropriate funding instruments for the conference and the conference-related funding issues you should consider. Chapter 5 addresses proper documentation of conferences. Lastly, a list of references by subject matter is attached to assist you if you need to consult additional references. ------- TABLE OF CONTENTS INTRODUCTION iv CHAPTER 1: Whose Conference Is It? 1-1 CHAPTER 2: Our Conference 2-1 A. EPA Conference Overview 2-1 B. Funding Instruments 2-1 1. Contracts 2-1 2. Interagency Agreements (lAGs) 2-2 3. Supporting Conferences with In-House Resources 2-3 C. AHowability of Costs Overview 2-3 1. Meals, Snacks and Refreshments 2-3 2. Honoraria 2-4 3. Procurement of Items for Distribution at EPA-Sponsored Conferences 2-4 4. Registration Fees for EPA-Sponsored Conferences 2-4 5. Travel 2-4 6. Printing of Conference Material 2-6 D. Location 2-6 CHAPTERS: Their Conference 3-1 A. Supporting a Conference 3-1 Sponsored by a Nonfederal Entity Overview B. Funding and Other Support Instruments 3_1 1. Assistance Agreements 3_1 2. Cooperation Authority lAGs Authorized by EPA Program Statute 3-1 3. In-Kind Assistance 3_2 C. AHowability of Costs Overview 3_2 1. Entertainment vs. Education 3_2 2. Meals and Refreshments 3.3 3. Travel 3_3 4. Registration Fees ------- D. Use of EPA Logo 3-4 E. Lobbying 3-4 F. Printing of Conference Material 3-4 G. EPA'sUseof Assistance Recipients'Conference 3-4 Proceedings and Reports H. Free Attendance by EPA Employees 3-4 I. Location 3-4 CHAPTER 4: Jointly Sponsored Conferences 4-1 A. Supporting a Jointly Sponsored Conference Overview 4-1 B. Areas of Concern 4-1 1. Appearance 4-1 2. Augmentation of Appropriated Funds 4-1 3. Lobbying 4-2 C. Instruments Overview 4-2 1. Acquisition 4-2 2. Assistance Agreements 4-2 D. Funding Instruments: Example of Jointly Sponsored Conference 4-3 Using Multiple Instruments E. AHowability of Costs Overview 4-4 F. Issues Relating to Jointly Sponsored Conferences 4-4 1. Free Attendance for EPA Employees 4-4 2. EPA Property and Services 4-5 3. Social Events 4-5 4. Co-sponsors* Independent Events 4-5 5. Fundraising 4-5 6. Food and Refreshments for EPA Employees 4-5 7. Food and Refreshments for Nonfedcral Attendees 4-6 8. Use of EPA Logo 4-6 9. Printing of Conference Material 4-6 10. Location 4-6 ii ------- CHAPTERS: Maintaining Proper Documentation 5-1 REFERENCE LIST R-l A. Introduction R-l B. General Acquisition and Assistance Requirements R-l C. Conference Planning and Site Selection R-2 D. Travel R-2 E. Food R-3 F. Federal Advisory Committee Act Meetings (FACA) R-3 G. Lobbying R-4 in ------- INTRODUCTION Conferences, large and small, play an important role in fulfilling EPA's mission. They can be an effective way to bring together various groups of people to share information, educate the public, work with state and local government partners, train employees, and learn from non-governmental stakeholders. Conferences are also a useful way for nonfederal entities, such as universities, state and local governmental environmental agencies, and intergovernmental groups to carry out environmentally related work for which they receive funding from the Agency. For purposes of this guide, the term "conference" encompasses workshops, seminars, symposia, conventions, or similar designations for business related gatherings that involve topics related to EPA's mission of environmental protection. The range of stakeholders playing integral roles in agency-related activity has grown, as has the use of conferences to convene various groups for a variety of purposes. As the Agency and others have expanded the use of conferences, issues have arisen in connection with conference planning, particularly with funding. The Office of Inspector General (OIG) audited several conferences and identified a number of recurring problems. As a result, an intra-Agency workgroup was established to develop a guide for Agency personnel to use in funding, and assisting others with, conferences of all kinds. The Best Practices Guide for Conferences is the result of the workgroup's efforts. The guide begins by asking "Whose conference is it?" By defining the purpose of the conference, the planner can determine whether it is: (1) "ours," an EPA conference or one that EPA sponsors with other federal agencies, or (2) "theirs," one held by a nonfederal sponsor .that EPA supports with financial assistance, or (3) a "jointly sponsored" conference, benefiting both the Agency and a nonfederal entity. Sometimes, the answer to this question will be obvious and sometimes you will have choices as to how to answer the question, depending on the topics for the conference and EPA's role in the conference. Once the question "Whose conference is it?" has been answered, the guide describes appropriate acquisition and assistance funding mechanisms available for various types of conferences. The guide also outlines major funding issues associated with conference support, such as invitational travel, non-invitational participant travel, meals, conference materials, and other expenses. It also includes information on when and how registration fees can be collected, honoraria, and ethical considerations. The guide is not the last word on conferences. It is not meant to be used as a "how to" guide for planning conferences. The emphasis of the guide is addressing funding concerns. For most areas that are addressed, it is just the starting point. There are references to statutes, regulations, other agency guidance documents, and EPA Ethics Advisories that should be consulted. Agency personnel in the Office of Acquisition Management (OAM), the Grants Administration Division (GAD), the Office of the Chief Financial Officer, and the Office of General Counsel's (OGC) Finance and Operations Law Office or Regional Counsel should also be consulted as needed. iv ------- CHAPTER 1: WHOSE CONFERENCE IS IT? Any conference that EPA supports'or holds must be related to its environmental mission. Before you begin the planning process, you should be able to justify the need and identify the statutory authority for the conference, and confirm that funds and, if appropriate, EPA staff resources are available. The planning process begins with determining the answer to the question, "Whose conference is it?" A conference that is intended primarily to help the Agency carry out its governmental functions is "ours" and is discussed in Chapter 2. A conference intended primarily for the benefit of a nonfederal entity is "theirs" and is discussed in Chapter 3. Finally, when the Agency and a nonfederal entity share control of the conference, it is "jointly sponsored" and is discussed in Chapter 4. The two key issues to consider are: (1) purpose of the conference, and (2) control of the planning and the agenda. (1) Purpose of the Conference. The purpose of a conference is a decisive factor. The more the conference is needed by EPA, the more likely it is ours. For example, if the principal purpose of the conference is to provide EPA with a report, data, recommendations, or other information that we will use to develop or directly incorporate into EPA regulations or guidance documents, it is ours. Meetings and conferences conducted under the Federal Advisory Committee Act (FACA) are ours. On the other hand, if the primary purpose is to help a nonfederal entity achieve its objectives, the conference is theirs. For example, a conference to facilitate nonfederal research is theirs, even if EPA provides the meeting space. When nonfederal entities meet to share information on environmental or scientific issues, the conference is also theirs, even if EPA provides financial assistance. Conferences sponsored by associations of state or tribal officials to discuss EPA programs implemented by these entities as co-regulators or as partners in a coordinated national effort are theirs as well in certain situations. However, if EPA is in fact a convener and a motivator for the conference, then the conference may be jointly sponsored rather than theirs. Finally, if the conference assists the Agency and a nonfederal entity to accomplish mutual objectives, it may be jointly sponsored. For instance, if the Agency and nonfederal entities share an interest in promoting environmental awareness, such as recycling initiatives, a jointly sponsored conference may be appropriate. It may also be appropriate when EPA, state, and local government officials meet to share information about environmental problems. (2) Control of the Planning and Agenda. The more control EPA or other federal agencies exercise over the agenda and selection of speakers, the more likely the conference is ours. For example, if conference scheduling is driven by the need to meet a regulation production deadline, the conference is ours. Similarly, if the Agency has control over speakers, attendees, and logistics, the conference is ours. However, if a nonfederal entity controls planning and agenda decisions, even with input from EPA, the conference is theirs. Finally, if the Agency shares control of these types of decisions, the conference may be jointly sponsored. The following factors will provide you with more information to help you make the proper determination of whose conference it is. 1-1 ------- DECISION INDICATORS: OURS The purpose of the conference is to: discuss, evaluate, or plan a specific EPA activity or program advise EPA on its operations (e.g., FACA) solicit public or stakeholder input to official EPA actions or policy develop official EPA positions on science or other policies train EPA staff or other direct implementers of EPA regulations generate information to be incorporated directly into official EPA positions, such as policy, regulations, or guidance propose, announce, or explain EPA actions disseminate mandated information «EPA expects to control: the agenda the selection of speakers, panelists, and/or attendees the duration, date, and location of the meeting DECISION INDICATORS: THEIRS The purpose of the conference is to: - discuss, evaluate, or plan non-EPA or public/private initiatives to improve the environment share information on environmental or scientific issues support or stimulate public awareness of general environmental issues facilitate informed public dialogue on environmental and policy questions enhance management of non-EPA environmental programs hold discussions by states and tribal associations of delegated environmental programs "The nonfederal entity expects to control: the agenda the selection of speakers, panelists, and/or attendees the duration, dates, and location of the meeting DECISION INDICATORS: JOINTLY SPONSORED The purpose of the conference is for federal and nonfederal entities to: advance a mutual interest develop products for common goal(s) The co-sponsors include both federal and nonfederal entities and conference costs are shared "Decisions are shared among the panics to the conference, including control of: agenda planning speaker selection location selection conference logistics On the following page, a summary chart provides a side-by-side overview of the indicators of purpose and control to assist you in answering the question "Whose Conference is it?" 1-2 ------- WHOSE CONFERENCE IS IT: OVERVIEW OF INDICATORS OURS (Chapter 2) THEIRS (Chapter 3) JOINT (Chapter 4) PURPOSE Discuss, evaluate, or plan a specific EPA activity or program Advise EPA on hs operations (e.g., FACA) Receive public or stakeholder input to official actions or policy Develop EPA science and other policies Training for EPA staff or other implementers of EPA regulations Generate information to be used in official EPA products, e.g., guidance, regulations, or policies Propose, announce, or explain EPA actions to other government agencies, the public, or stakeholders Disseminate mandated information Discuss, evaluate, or plan a non-EPA initiative to improve the environment Share information on environmental or related scientific issues Support or stimulate public awareness of general environmental issues. Facilitate informed public dialogue on environmental and policy issues Enhance management of non-EPA/nonfederal environmental programs Hold discussions by states and tribal associations of delegated environmental programs. Advance a mutual interest by serving both EPA's mission and the substantive interests of the nonfederal co- sponsor(s) Develop products for common goals CONTROL EPA control of the agenda EPA control over selection of speakers, panelists, and/or attendees EPA control over logistics, such as duration, dates, and location Non-EPA control of the agenda Non-EPA control over selection of speakers, panelists, and/or attendees Non-EPA control over logistics, such as duration, dates, and location Shared control of the agenda Shared selection of speakers, panelists, and/or attendees Shared responsibility for logistical planning and decisions If you have determined that your conference is EPA-sponsored, proceed to Chapter 2. If you have determined that it is theirs, proceed to Chapter 3. If the conference is going to be jointly sponsored, proceed to Chapter 4. If you are still unsure after reviewing these factors, you should contact OGC's Finance and Operations Law Office or Regional Counsel for guidance 1-3 ------- CHAPTER 2: OUR CONFERENCE A. EPA Conference Overview. Once you have reviewed Chapter I and decide that the conference is ours, there are three main ways that you can financially support it: (1) award a contract or issue a work assignment under an existing contract, if tasks are covered within the statement of work; (2) enter into an Interagency Agreement (IAG) to obtain services from another federal agency; or (3) conduct the conference using Agency .personnel. All of these methods are appropriate ways to acquire services for our direct benefit and use. You cannot properly use a grant or cooperative agreement to support "our" conference. You also need to be aware of limitations relating to travel payments for conferences. This chapter lists and briefly describes instruments that can be used to support an EPA-sponsored conference. B. Funding Instruments. I. Contracts may be used to fund "components" of the conference, such as space and supplies, or they may be used to fund the whole conference, hiring a contractor to make most or all of the arrangements. There are at least four commonly used contracting methods. OAM can provide you with a helpful guide for conference contracting entitled, "Your Preparation Guide for Conferences/Meetings/Training." It focuses on small purchases, but is also useful for other types of contracts. It includes copies of key policies and instructions on preparing a purchase request. Since the guide was written in May 1995, the small purchase limit has changed. It is currently $100,000. (a) Small items and services less than $2,500, sometimes called micro-purchases, may often be purchased with a government credit card. Micro-purchases might include, for example, meeting room rental, supplies, and equipment rental. Consult a warranted bankcard holder for details on the use of such cards. (b) More extensive services, up to a total of $100,000, may be acquired through simplified acquisition procedures, formerly known as "small purchases." You must be careful to specify exactly what you need, as well as the basis on which bids will be reviewed. For additional guidance on simplified acquisitions, consult the Contract Management Manual, Chapter 2, and OAM's guidance, "Simplified Acquisitions Made Easy," dated April 1998. (c) Some types of support can be obtained using a conference support contract. A conference support contractor has little direct substantive interest in the conference and is simply in the business of providing logistical support services. Conference support contracts are often written to provide recurring logistical support for an Office. Individual conferences also can be supported by issuing Work Assignments or Delivery Orders under a broader support contract, provided such support is within the scope of the contract. (d) Some conferences are funded under contracts with a contractor who has a direct interest in the conference as an incidental task under a larger, broader contract's scope of work. For example, a contractor tasked to determine the current state of the art and recommend improvements in an area of chemical analytical techniques may need to convene a conference 2-1 ------- Chapter 2: Our Conference (continued] to assist in that determination, as an incidental part of doing the job. The Agency is the ultimate beneficiary, but the contractor is directly responsible for managing the conference. Caution: In planning an EPA-sponsored conference, there may be situations where you need to exercise care in determining what, if any, contractor support may be appropriate. Some Agency conferences include candid discussions of sensitive budget, acquisition, and other planning information that should be safeguarded. Special controls should always be in place to ensure that contractors do not have inappropriate access to privileged and sensitive information (e.g., Confidential Business Information or procurement sensitive information). You should avoid situations where contractors may have access to information that would give them an unfair competitive advantage, or create an appearance of a conflict of interest. At any Agency conference, you should always identify contractors who are present and ensure that contractor support staff wear badges and identify themselves. 2. Interagency Agreements (IAGs). There are two types of lAGs: Economy Act LAGs and Cooperation Authority I AGs authorized by EPA program statutes. (Note: If EPA provides funds to another agency under an IAG, the IAG is subject to that agency's requirements, unless a specific term and condition imposes EPA's requirements.) (a) You may want to use another federal agency to help with putting on your conference. For instance, a General Services Administration contract providing meeting logistics support could be used. The proper way to do this is through an Economy Act IAG. Economy Act I AGs are always intended to "acquire" services or property from another federal agency for the direct use of EPA. Therefore, it is improper for the other agency to award a grant or cooperative agreement to fulfill EPA's requirements. To use the Economy Act, both federal agencies must be responsible for conducting the proposed activities and authorized to use their appropriations for the work. The Economy Act specifies that the servicing agency must recover its expenses and it cannot cost share. As of 1996, EPA's Grants Administration Division (GAD) is required to prepare a "Determination and Finding" in support of an Economy Act IAG, which states that the IAG is not being used to avoid competitive contracting. You may be asked to provide information to help prepare this. Final approval of the Determination and Finding rests with OAM. For additional guidance, see memorandum from GAD Director to IAG Project Officers, "Interagency Agreement Decision Memorandum Guidance, Pre-award IAG Activities, and Subcontractor Selection," dated Sept. 30, 1996. (b) Cooperation Authority lAGs authorized by EPA Program Statutes involve mutual cooperation and investment of resources between the cooperating federal agencies with an overlapping mission and interest in the project. For example, both agencies could contribute resources to a conference, whether in the form of salaries, equipment, travel, or contract services. GAD maintains a list of program statutes authorizing such cooperation. A list of the statutory and related authorities which authorize the Agency to enter into I AGs is provided as Attachment 4 to the previously referenced Sept. 30, 1996, memorandum from 2-2 ------- Chapter 2: Our Conference (continued] GAD Director to IAG Project Officers. 3. Supporting Conferences with la-House Resources. EPA can also organize and conduct conferences using only its own staff. In addition to planning the substance of the conference, staff may cany out logistical arrangements such as identifying hotels and meeting space, taking minutes, and registering attendees. C. Allowability of Costs Overview. Only a contracting officer has the authority to obligate government funds under a contract In planning a conference, you must not make financial commitments to hotels or other vendors unless you have the authority to do so. Anyone who undertakes to commit the government without authority risks being held personally liable by the vendor for payment and may be subject to EPA disciplinary action. In working with a hotel to reserve space, you must make it clear that you do not have the authority to sign a contract, but are merely reserving space. Any short-term conference meeting space you obtain in the District of Columbia must be procured under 41 CFR 101-17.101. In addition, direct procurement or purchase of lodging facilities in the District of Columbia, without specific authorization and appropriation by Congress, is prohibited. See 40 U.S.C. 34. Both EPA employees and contractors are responsible for assuring that costs for conference activities are allowable and reasonable. Agency staff responsibilities include performing a careful review of the proposed conference activities, the IAG or contract that funds the conference, work assignments/amendments, and invoices. These reviews are conducted to identify costs that are unreasonable and unallowable, or need further explanation or documentation. All reviews should be documented. Federal laws and regulations provide the basis for authorizing and paying for costs. Necessary and reasonable costs are for work that benefits the project and are within the project's scope. For further guidance, we recommend you consult the FAR Part 31, "Contract Cost Principles and Procedures." 1. Meals, Snacks, and Refreshments. For additional guidance in this area, we recommend you consult OAM Procurement Policy Notice 94-10, "Contracting for Meals and Refreshments for Government Employees" and the EPA Travel Manual, Chapter 5. (a) Meals. Appropriated funds may not be used to pay subsistence or provide food to government employees at their official duty stations or when not on official travel status. See the EPA Travel Manual, Chapter 5.1.b.(3). (b) Snacks and Refreshments. Refreshments, such as snacks, alcoholic beverages and coffee, are not considered necessary expenses and may not be included as part of the conference room fee, nor can mandatory registration fees be used to pay these expenses. However, conference participants can "pass the hat" for voluntary contributions for coffee and snack expenses. (c) Exceptions Under Government Employee Training Act, 5 U.S.C. 4101. Under this 2-3 ------- Chapter 2: Our Conference (continued] Act, EPA can provide meals, snacks, and refreshments to its employees if necessary to achieve the objectives of the training program, and may furnish meals to non-government speakers as an expense of conducting the training. For additional guidance, consult OC Policy Notice 92-07, page 3, "Procuring Subsistence for Training/Conferences/Meetings'' and the EPA Travel Manual, Chapter 5.5.a. and b. 2. Honoraria. Generally, Agency appropriated funds may not be used to procure personal gifts to be given to nonfederal speakers. (a) Contractual speaker fees, whether or not called "honoraria," are permissible. (b) If the speaker is a federal employee, the speaker is prohibited from receiving compensation for speaking related to his or her official duties. However, federal speakers may receive a modest nonmonetary award (e.g., plaques or mugs) to recognize an achievement, under the Government Employee Incentive Award Act For more information and exceptions see the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635.201-205), August, 1992, and Office of Personnel Management Regulations (5 CFR Part 451.) 3. Procurement of Items for Distribution at EPA-Sponsored Conferences. Agency policy precludes the purchase of certain items, such as tote bags, drinking containers, and wearing apparel, for distribution to the general public and EPA employees who merely attend an Agency-sponsored conference. Other items with low cost and limited utility (e.g., bumper stickers, buttons, pens and pencils) may be distributed widely at Agency-sponsored conferences, provided the items convey an appropriate environmental message. See O AM Procurement Policy Notice 95-01, "Procurement of Items for EPA Sponsored Commemorations and Events." 4. Registration Fees for EPA-Sponsored Conferences. Registration fees are payments collected by EPA or its contractor from private and other public participants who are attending an EPA-sponsored conference, and must be deposited in the Treasury of the United States, unless the Agency has specific statutory authority to treat such fees differently. See 31 U.S.C. 3302(b). EPA appropriation laws do not include general authority to accept donations. Agency policy states that organizations planning conferences and meetings should program and budget for the administrative costs of these conferences and meetings and avoid establishing registration fees, if at all possible. Where it is necessary to establish registration fees, only expenses such as the costs of necessary supplies and materials, printing, rental of facilities and equipment, and other items will be included. Additionally, you can only charge a fee that will equal the actual costs of these materials. Mandatory registration fees should not include the cost of meals and unallowable items, such as entertainment, coffee, snacks, cocktails and other similar items of a refreshment nature. However, any fees collected must be deposited in the Treasury. See the EPA Travel Manual. ------- Chapter 2: Our Conference (continued} 5. Travel There are strict rules governing travel expenses incurred for EPA-sponsored conferences. (Note: The rules governing travel for conferences and meetings that the Agency conducts, and those carried out by recipients under grants and cooperative agreements, are significantly different In addition, travel rules differ for federal and nonfederal participants and attendees.) (a) Travel for Federal Employees. The Agency's appropriation allocates specific amounts to finance necessary personnel expenses, including travel. These accounts are separate from other accounts that fund contracts, grants, and other "extramural" operations of the Agency. Therefore, a federal employee's travel expenses cannot be funded by an organization using EPA extramural funds for that conference. Travel costs for EPA staff to participate in a conference are covered as personnel expenses and may include registration fees as appropriate. Staff participation is authorized for conferences relating to matters that would improve the conduct, supervision, or management of Agency functions or activities. Agency policy requires management to ensure that attendance at conferences "be authorized only to the extent that it will provide direct benefit in achieving objectives related to EPA's mission." Cost effectiveness in achieving our mission should be our basic guide. See the EPA Travel Manual, Chapter 3.16.(a), (b) and (c). In some cases, EPA may choose to cover travel and subsistence expenses for other federal employees to participate in an EPA conference, assuming the other federal employee's need to travel is directly attributable to activities associated with the conference. This is not invitational travel, under 5 U.S.C. 5703. The Agency can either issue an EPA travel order directly to the employee or can reimburse the employee's agency through an IAG. For additional guidance, see memorandum from GAD Director to EPA IAG Project Officers, dated Sept. 30, 1996. When the conference is within 50 miles of the employee's duty station, the general rule is that only such out of pocket expenses as POV mileage, parking fees, taxi, or subway fares can be reimbursed. Waivers may be granted for EPA national conferences within the 50-mile radius in certain limited circumstances. See the EPA Travel Manual, Chapter 5.5. (b) Travel for Nonfederal Participants and Attendees. EPA may pay for travel and subsistence expenses for nonfederal conference participants under invitational travel orders when the individual performs a direct service for the Agency (e.g., facilitator, speaker, panelist, or FACA member). Agency travel funds used for invitational travel orders are charged against the inviting office's travel ceiling budget. Individuals receiving invitational travel orders must follow federal travel regulations, except they cannot receive travel advances. See 5 U.S.C. 5703 and the EPA Travel Manual, Chapter 3. The Agency cannot use invitational travel authority to enable nonfederal personnel to merely attend conferences that the Agency sponsors. Generally, appropriated funds cannot be used to pay for travel, transportation, and subsistence expenses for nonfederal attendees unless such payments are specifically authorized by law. See 31 U.S.C. 1345. 2-5 ------- Chapter 2: Our Conference (continued) If the Agency pays travel for FACA members, it must be through invitational travel orders because FACA members are providing a service to the Agency with their advice and consultation. See 5 U.S.C. App. 2, Section 7 (dXIXB) and the EPA Travel Manual, Chapter 3.3. (c) Contractors. A contract, including a purchase order, can include travel costs for an individual performing services within the scope of the contract, such as providing logistical services, training, peer review, or presentations. However, you must not violate the Agency's policies prohibiting "directed subcontracting" by specifying to the contractor whom to hire. See OAM Procurement Policy Notice 97-01, "Required Practices Concerning Subcontracts." A contract cannot be used to procure travel for nonfederal individuals who merely attend the conference. See OGC Memorandum, dated Sept 22,1993, "Payment of Travel Expenses of Non-Federal Participants at EPA Meetings." (d) Authorization for Conference Travel. Travel to EPA sponsored, co-sponsored, or non-EPA sponsored conferences by 30 or more EPA employees must be authorized by the Assistant Administrators/Regional Administrators. This includes invitational travelers whose travel expenses are being paid by EPA. See the EPA Travel Manual, Chapter 3.16.(a), (b) and (c). 6. Printing of Conference Material. EPA will, as a matter of Agency policy, follow Government Printing Office (GPO) procedures. EPA's Printing Officer acts as the Agency's central management office and has responsibility for controlling EPA printing. Any questions regarding whether a particular printing need falls within an exception to obtaining printing services through GPO should be directed to the EPA Printing Officer. Circumvention of EPA policy prohibiting the use of commercial printing services to print government documents, without authorization from GPO, is a serious matter. D. Location. Government-owned or government provided conference facilities should be used to the maximum extent possible. If there is no space available in the Agency, managers should contact the Facilities Office, which will contact GSA to determine if suitable government-owned facilities are available in the desired area. The use of government-owned facilities versus commercial facilities will be based on Agency need and overall cost of the conference. All Assistant Administrators/Regional Administrators and senior managers are responsible for ensuring that meeting sites are, to the extent feasible, held in or near EPA regional cities or major laboratory facilities. However, there may be occasions where it is advantageous to select a site outside the local area in order to focus on issues without local distractions. AH EPA-sponsored conferences, meetings, or training seminars being held in hotels or motels must comply with the Hotel and Motel Fire Safety Act of 1990. A list of hotels and motels that comply with the Act can be found in the monthly publication of the Federal Travel Directory issued by GSA See the EPA Travel Manual, Chapter 4.2.(d) and for additional information, see Federal Travel Regulations, 41CFR Parts 301-16 and 301-17. 2-6 ------- When EPA holds a conference involving travel by 30 or more EPA employees or other travelers whose expenses are being paid by EPA, a cost comparison justifying the conference location must be prepared. See the EPA Travel Manual, Chapter 3.16.(a), (b) and (c). 2-7 ------- CHAPTERS: THEIR CONFERENCE A. Supporting a Conference Sponsored by a Nonfederal Entity - Overview. If you have reviewed Chapter 1 and decided that the conference is "theirs," EPA can provide financial support in the form of grants, cooperative agreements, and Cooperation Authority Interagency Agreements authorized by EPA program statute, provided EPA has the statutory authority. For general guidance, see EPA Order 5700.1, "Policy for Distinguishing Between Assistance and Acquisition." The Agency encourages fair.and open competition in the award of discretionary assistance agreements in accordance with the Federal Grant and Cooperative Agreement Act of 1977. For additional guidance, see Grants Management Fact Sheet No. 9, "Competition for Assistance Agreements." B. Funding and Other Support Instruments. 1. Assistance Agreements (a) Grants may be used to support the conference if all of the following tests are met and documented: (i) it is to accomplish a public purpose of support or stimulation, not for our direct use or benefit (see Chapter 1 of this guide); (ii) it is for an eligible nonfederal entity (most statutes exclude profit making companies); (iii) the principal purpose is to transfer money or other things of value; (iv) it is authorized by law (you must cite a statutory authority for using an assistance agreement to support the conference); and finally (v) EPA is not substantially involved in the work and we do little more than watch for progress and problems. (b) Cooperative Agreements are essentially the same as grants and may be used if the conference meets tests (i)-(iv) above. The difference is that cooperative agreements must be used when EPA anticipates "substantial involvement" in the assistance relationship. Cooperative agreements, like grants, may not be used when the purpose of the agreement is to acquire services, information, or "stakeholder input" for the direct use and benefit of the government. See EPA Order 5700.1. (c) Assistance Agreements (grants and cooperative agreements) may also be used to support a conference of state or tribal officials implementing a federal effort under a formal delegation or as partners with EPA in a coordinated, national effort. Although the states or tribes provide information or recommendations to EPA, the principal purpose of the assistance is to support the participation of states or tribes in the development of environmental policies and programs that they implement. For detailed guidance, see EPA Order 5700.1, pages 8-9. (These kind of conferences may also be Jointly Sponsored. See Chapter 4.) 2. Cooperation Authority Interagency Agreements Authorized by EPA Program Statute involve mutual cooperation and investment of resources between the cooperating federal 3-1 ------- Chapters: Their Conference (continued} agencies with an overlapping mission and interest in the project For example, both agencies could contribute resources and fund the conference arrangements through a grant, cooperative agreement, or contract awarded by one of the agencies. GAD maintains a list of program statutes that authorize such cooperation. EPA cannot use an LAG to provide funds to another agency to award a grant that EPA cannot award itself. For additional guidance, consult memorandum from GAD Director to LAG Project Officers," LAG Decision Memorandum Guidance, Pre-award Activities, and Subcontractor Selection," dated Sept. 30,1996. (Note: If EPA provides funds to another agency under an LAG, the IAG is subject to that agency's requirements, unless a specific term and condition imposes EPA's requirements.) 3. In-Kind Assistance. The Agency may provide support other than direct monetary assistance. For example, we could devote EPA staff time, space, copying equipment and supplies. We could also agree to prepare papers for submission to a conference, provide EPA speakers, or make facilities available. In addition, the services of an EPA contractor, such as a logistics contractor or a meeting support contractor, can be provided as a form of in-kind assistance. A determination must be made that providing contractual services instead of funds is more economical. The cost of the contractual services must be charged to the grants object class and should be documented in the assistance agreement if possible. C. AHowability of Costs Overview. Many of the constraints associated with funding an EPA-sponsored conference do not apply to funding nonfederal entities' conferences through federal assistance agreements. However, grant costs must comply with applicable assistance regulations. See 40 CFR Parts 30 and 31. Both EPA employees and assistance recipients are responsible for assuring that costs for conference activities are allowable, reasonable, and allocable to the grant. Agency staff responsibilities include performing a careful review of proposed conference activities and the assistance agreement that funds the conference. Reviews are conducted to identify costs that are unreasonable and unallowable or need further explanation or documentation. AH reviews should be documented. Also, assistance recipients must comply with OMB Circular A-122, "Cost Principles for Non-Profit Organizations," OMB Circular A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." See also Part 31 of the FAR, which provides cost principles for assistance recipients that are profit organizations. 1. Entertainment vs. Education. As a general rule, assistance funds may not be used for entertainment costs. Entertainment, as defined in the General Accounting Office's Principles of Federal Appropriations Law. Volume I, Chapter 4, includes "a source of amusement, a diverting performance, especially a public performance, such as a concert, drama, or the like." Providing technical policy, or program information to educate the public at a conference is allowable. The distinction between unallowable entertainment and allowable education costs is not always clear. What the recipient sees as an interesting and informative presentation, the general public or auditors may see as entertainment. The recipient should adequately document the purpose of 3-2 ------- Chapter 3: Their Conference (continued} expenses that may be perceived as entertainment See OMB Circulars A-21, A-87, and A-122 for unallowable costs. 2. Meals and Refreshments. The costs of meals and refreshments may be charged to assistance agreements only to the extent that they are allowable under the OMB Circulars A-21, A-87, and A-122. Generally, the cost of meals that are essential to the business of a conference because they are accompanied by presentations or panel discussions are not likely to be questioned. Also, refreshments at breaks are generally allowable, provided the costs are reasonable. 3. Travel The rules governing travel for conferences and meetings that the Agency conducts, and those carried out by recipients under grants and cooperative agreements, are significantly different. (a) Nonfederal Attendees. Assistance funds can be used to defray transportation and subsistence expenses for nonfederal attendees in conferences that the recipient carries out. The decision as to who receives transportation and subsistence expenses is the recipient's, not EPA's, and EPA should avoid even the appearance of directing the recipient to provide travel to specific individuals. (b) Federal Employee Travel. Agency employees may attend recipient conferences as part of their official duties. However, assistance funds cannot be used to fund travel for federal employees because this would circumvent limits on government travel ceiling. See Ethics Advisory 92-26, "Revised Rule on Acceptance of Travel Expenses," dated Dec. 24,1992. EPA may use its own travel funds to enable a federal employee to attend a conference relating to matters that would improve the conduct, supervision, or management of Agency functions or activities. A nonfederal organization can use its own funds (not part of a match for a grant or cooperative agreement) to pay for EPA employee travel provided the appropriate Ethics Advisories are followed. You should consult an Agency Ethics Advisor for guidance. See also Ethics Advisory 92-26, Ethics Advisory 97-05, "Addendum to EPA Ethics Advisory 92-26, Accepting Travel Expenses," dated March 13,1997, and Ethics Advisory 94-17, "Providing Speakers at Conferences, Seminars, and Similar Events," dated April 13,1995, and Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR2635). (c) 30 or More Federal Attendees. Travel to any conference, including conferences sponsored by recipients, involving travel by 30 or more EPA employees must be authorized by the Assistant Administrators/ Regional Administrators. See the EPA Travel Manual, Chapter 3.16.(a), (b) and (c). The number of employees attending the conference (whether they pay registration fees or not) must not create the appearance that the conference is being conducted for EPA's direct use and benefit. 3-3 ------- Chapter3: Their Conference (continued] 4. Registration Fees. Registration fees are payments collected by the assistance recipient from attendees to a conference. Project officers managing assistance agreements that support conferences should always find out in advance whether registration fees will be collected, and if so, how those fees will be used. Project officers should address the definition and disposition of program income in a term and condition of the assistance agreement. See 40 CFR Parts 30.24 and 31.25. Registration fees are considered program income, under the grant regulations, if the activity generating the fee is within the scope of work and is funded by the assistance agreement. In such cases, registration fees, as program income, must be accounted for and used to defray allowable costs under the agreement. Fees for events conducted independently of the assistance agreements, which are not financed under the assistance agreement, are not subject to program income rules. D. Use of EPA Logo. Use of the Agency's logo in connection with promotion or sale of non- government produced goods or services is forbidden. See EPA Order 1015.2A, "EPA Seal and Agency Identifier." Promotional material for conferences conducted under grants and cooperative agreements may acknowledge that the conference receives financial support from the Agency under an assistance agreement, but cannot use the logo on a conference brochure in a manner that implies that the conference is being conducted by EPA. These conferences should be described as the recipient's event, not EPA's. E. Lobbying. Federally funded conference activities cannot include lobbying. See OMB Circulars A-21, A-87, and A-122. F. Printing of Conference Material. An assistance recipient conducting a conference may use its grant funds for printing conference material (e.g., brochures/proceedings/reports). EPA may also print conference materials as a form of in-kind assistance provided the Agency follows GPO printing procedures. G. EPA's Use of Assistance Recipients' Conference Proceedings and Reports. The Agency has the irrevocable and non-exclusive right to reproduce and publish, use, or authorize others to use conference proceedings and reports for federal government purposes. However, EPA's use of a conference proceeding or report must be incidental to the principal purpose of the assistance agreement. See EPA Order 5700.1 and 40 CFR Parts 30.36 and 31.34. H. Free Attendance by EPA Employees. Agency employees may attend recipient conferences as part of their official duties. However, the number of employees attending the conference without paying registration fees must not create the appearance that the conference is being conducted for EPA's direct use and benefit. I. Location. All conferences, meetings or training seminars EPA sponsors or funds, in whole or in part, which are held in hotels or motels must comply with the Hotel and Motel Fire Safety Act of 1990. This applies to the government of the District of Columbia only when it expends federal funds for a conference and to non-federal entities when government funds are provided ------- Chapter 3: Their Conference (continued] for the conference. A list of hotels and motels that comply with the Act can be found in the monthly publication of the Federal Travel Directory issued by GSA, See the EPA Travel Manual, Chapter 4.2.(d) and Federal Travel Regulations, 41CFR Parts 301-16 and 301-17. 3-5 ------- CHAPTER 4: JOINTLY SPONSORED CONFERENCES A. Supporting a Jointly Sponsored Conference Overview. "Co-sponsorship" occurs when EPA and a nonfederal entity share a mutual interest in the subject matter and jointly develop a conference related to EPA's mission. The co-sponsors must have a substantial interest in the subject matter of the conference although their individual goals may be different. After you have reviewed Chapter 1 and decide that the conference may be "jointly sponsored," you should also consult EPA Ethics Advisory 96-15, "Guidance on Co-sponsoring Conferences," which covers restrictions on jointly sponsored conferences. In order to avoid any misunderstandings when you hold a jointly sponsored conference, it is important that EPA have an advance written agreement with its co-sponsor(s) describing the intended roles and responsibilities of each co-sponsor. B. Areas of Concern. 1. Appearance. EPA may actively seek out prospective co-sponsors. Whether EPA is actively seeking or has been approached with a co-sponsorship proposal, it is important to avoid: (a) Appearance of coercion, that is, creating the reasonable impression that EPA is coercing or being coerced by an outside entity to become a co-sponsor. (b) Appearance of favoritism. To avoid creating the appearance that EPA is favoring certain entities, we should, where practicable, inform all similarly situated nonfederal entities of the opportunity for co-sponsorship. We should be able to explain why we chose a particular co- sponsor over another. (c) Appearance of EPA endorsement of the policies, activities, or products of the co-sponsor. Co-sponsorship does not imply the Agency's endorsement of the co-sponsor's general policies, activities or products, and event-related materials. Nonfederal sponsors must agree to clear all promotional materials for the event with the Agency. (d) Appearance of improper influence on EPA decisions. When seeking to co-sponsor a conference with an entity that seeks some official action by EPA, is regulated by EPA, or seeks EPA funding, you should consult your Ethics Advisor. 2. Augmentation of Appropriated Funds. (a) No "funds only" Co-sponsorships. Co-sponsorships improperly augment EPA appropriations when the nonfederal entity contributes only funds, logistical services, or other material support, but does not actively participate in developing the program. In that case, it is not really a jointly sponsored conference, but "our" conference for which we have received outside funds. For the same reason, co-sponsors must have a demonstrable substantive interest in the subject matter of the event. 4-1 ------- Chapter 4: Joint Conference (continued) (b) Events Solely for Government Employees. To avoid improper augmentation of appropriations, EPA should not co-sponsor events which will be attended only by federal employees. (c) Registration Fees. Generally, registration fees collected by EPA, or its contractors, must be deposited in the Treasury as miscellaneous receipts, as required by 31 U.S.C. 3302. If authorized by EPA, an assistance recipient may retain and use conference fees as "program income." (See Chapter 3.) A co-sponsor, who does not receive assistance, may also collect fees to cover its share of expenses (e.g., expenses a co-sponsor, rather than EPA, is obligated to pay if there is a shortfall in fees). To avoid misunderstandings, you should have an advanced written agreement on who collects fees and their use. For additional guidance, consult Ethics Advisory 96-15. 3. Lobbying. Since appropriated funds are being used to support EPA co-sponsored conferences, the Anti-Lobbying Act of 1919 and any government-wide lobbying restriction contained in an Appropriation Act is applicable. Although information regarding the substance of pending legislation can be a part of a conference agenda, the conference cannot be a forum for encouraging a "grassroots" lobbying campaign to influence Congress. For additional guidance, see memorandum from OGC, "Appropriation Act Lobbying Restrictions," dated July 9, 1997. C. Instruments Overview. For jointly sponsored conferences, acquisition instruments, as discussed in Chapter 2, or cooperative agreements, as discussed in Chapter 3, may be used. Choice of instruments, or use of more than one instrument, should be carefully considered in order to ensure that EPA's costs, as well as an assistance recipient/co-sponsor's costs, are allowable under the chosen instrument. See Section D of this chapter for an example of a jointly sponsored conference involving both acquisition and assistance instruments, and Section E regarding allowability of costs. 1. Acquisition. EPA may undertake its responsibilities as a co-sponsor of a conference with contractual and other support discussed in Chapter 2 of this guide. See also OAM's guide, "Your Preparation Guide for Conferences/Meetings/Training." 2. Assistance Agreements may be used to support the co-sponsor's efforts in connection with the conference as long as the financial assistance is used to support a public purpose rather than for EPA's direct use or benefit (examples of direct use or benefit are to assist in development of Agency regulations or guidance, evaluate EPA programs, or discuss the Agency's positions with stakeholders). Jointly sponsored conferences require the involvement of the Agency. Therefore, cooperative agreements rather than grants should be used to fund these conferences, and the program's substantial involvement would be included under the "terms and conditions" of the assistance agreement. Even under a cooperative agreement, the Agency's substantial involvement must avoid the appearance of circumventing the invitational travel restrictions. See the Standards of Ethical 4-2 ------- Chapter 4: Joint Conference {continued) Conduct for Employees of the Executive Branch (5 CFR 2635) and also Chapters 2 and 3 of this guide for details. If assistance funds are used to pay nonfederal travel expenses, the decision as to who receives transportation and subsistence expenses is the recipient's, not EPA's. The Agency should avoid even the appearance of directing the recipient to provide travel to specific individuals. See Chapter 3 of this guide for details. D. Funding Instruments: Hypothetical Example of a Jointly Sponsored Conference Using Multiple Instruments. EPA, an association of state governmental agencies, a tribal organization, and a civil rights non-governmental organization (NGO). decide to co-sponsor a conference on environmental justice (EJ)- EPA chairs an Interagency Working Group on EJ under the EJ Executive Order and has taken a leading role in addressing EJ concerns. The conference provides a wide range of interested parties with information on various perspectives on EJ and governmental implementation. Speakers include federal and state officials, tribal representatives, academics, minority community activists, and representatives of environmental and civil rights NGOs. The conference is open to attendance by federal, state, tribal, and local government staff, members of tribes, interested citizens, university faculty and students, and industry and business representatives from throughout the United States. The co-sponsors work together to develop the substantive agenda, identify speakers and panelists, and promote attendance. Approximately 70% of the attendees are nonfederal. The following are examples of funding instruments, and an explanation of why they are or are not appropriate for funding certain conference costs: /. Contract. EPA provides logistical support for the conference through a contractor. Because EPA is a co-sponsor of the conference, this is appropriate. One of the non-EPA co-sponsors asks the contractor to make travel arrangements for some students to attend the conference. This is not appropriate. First, the contractor may only take direction from the authorized EPA project officer or contracting officer. Second, because simply attending the conference does not meet the criteria for invitational travel under 5 U.S.C. 5703, the students' travel is not an allowable cost under an EPA contract. 2. Cooperative Agreements. (a) Existing cooperative agreement between EPA and the co-sponsoring association of state governmental agencies: The purpose of the association's cooperative agreement is to carry out activities related to implementation of EJ requirements, including collecting and analyzing economic and social science data on siting hazardous waste facilities and disseminating this information to local governments and communities. The association pays the travel costs of some local officials and community leaders to 4-3 ------- Chapter 4: Joint Conference (continued) attend the conference. The costs are allowable because they further a purpose of the cooperative agreement, and the association, rather than EPA or its contractor, decided who would receive the travel assistance and made all travel arrangements. The association's participation in the conference was intended principally to further the interests of the association and its membership rather than to provide logistical or other services to EPA. (b) New Cooperative Agreement between EPA and the tribal organization co-sponsor. The purpose of the cooperative agreement is to assist tribes in developing the capacity to understand environmental issues affecting their communities and to participate in solving their environmental problems. One of the activities under the cooperative agreement is co-sponsorship of the conference. Costs associated with this activity are for publicizing the conference, developing printed material for the conference about tribal EJ concerns, paying travel expenses for tribal speakers and attendees, and producing an EJ information source book for tribes and tribal community groups to use after the conference. A cooperative agreement is appropriate because EPA is substantially involved in the tribal association's capacity building activities, including joint sponsorship of the conference. The tribal organization also decides to sponsor a social reception at the conference, including alcoholic beverages, food, and Native American music. The costs of the reception are not allowable under the cooperative agreement because they are for entertainment. This is an independent event and not part of the co-sponsored conference, therefore EPA (and its contractor) are not involved in the planning or organizing of the reception. However, information materials for the conference can include a reference to the event. See Ethics Advisory 96-15. E. AHowability of Costs Overview. Only a contracting officer or a grants award official has the authority to obligate the federal government to expend funds. If you are not a contracting officer, you cannot make any financial commitments to hotels or other vendors. Anyone who undertakes to commit the government to expend funds without authority risks being held personally liable by the vendor for payment and subject to EPA disciplinary action. The cost principles and regulations applicable to the selected funding instruments remain in effect. Joint sponsorship does not affect the rules regarding allowability of costs under contracts or assistance agreements (cooperative agreements). See Chapter 3, Section C of this guide for allowability of costs under assistance agreements. F. Issues Relating to Jointly Sponsored Conferences. 1. Free Attendance for EPA Employees. If EPA and the nonfederal co-sponsor agree that Agency employees will be allowed to attend the event for free, they may do so at the discretion ------- Chapter 4: Joint Conference (continued] of their supervisor. Free attendance includes the waiver of all or part of any registration fee, and the provision of food, refreshments, entertainment, instruction, and materials furnished to all attendees as part of the event at-the co-sponsor's expense. It does not include travel expenses, lodging^ or meals taken other than in a group, setting with all attendees. If EPA employees are to receive a waiver of registration fees, that should be documented in an advance written agreement with the co-sponsor. See Ethics Advisory 96-15, "Guidance on Co-Sponsoring Conferences." 2. EPA Property and Services. EPA supplies and property can be used by the nonfederal co-sponsor only to directly support the jointly sponsored event For example, you should not provide the co-sponsor with franked envelopes without careful monitoring of their use. See the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635, Subpart G, "Misuse of Position" Aug. 1992). 3. Social Events. EPA may not be a co-sponsor of an event that is primarily social in nature. However, EPA may jointly sponsor an event that has a social component (such as a modest reception), so long as the event has a primarily educational or informational purpose that is related to EPA's mission. Agency assistance funds cannot be used for entertainment. See paragraphs F. 6 and 7 of this Chapter regarding Food and Refreshments. 4. Co-sponsors' Independent Events. If a co-sponsor independently funds (not using federal funds or its match) a discrete portion of the conference (e.g., a reception), Agency staff should not assist the co-sponsor in planning or organizing this event except to the extent necessary to coordinate the overall program. In addition, Agency property or facilities should not be used for this purpose. However, informational materials about the overall conference may include information about the co-sponsor's independent activity. See the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635 Subpart G, "Misuse of Position" Aug. 1992). We recommend you consult OGC's Finance and Operations Law Office or your Regional Counsel for further guidance. 5. Fundraising. EPA shall not assist in fundraising for the co-sponsor's share of the event. Where a co-sponsor intends to solicit funds from other sources for its share of costs, EPA should receive assurance that: (1) the solicitation will make clear that the requester is the co-sponsor, not EPA; (2) the co-sponsor will not imply that EPA endorses any fundraising activities; and (3) any gifts will be used solely for co-sponsor's share of expenses, not EPA's. 6. Food and Refreshments for EPA Employees. EPA may not use appropriated funds for food and refreshments for EPA employees attending co-sponsored events at their official duty stations except as authorized by the Government Employees' Training Act at 5 U.S.C. 4101. If a nonfederal co-sponsor imposes a charge for conference related meals that it furnishes, the Agency can pay for'the meals provided: (1) the meals are incidental to the meeting (in other words, the participants are getting together to do more than eat); (2) the employee's attendance at the meals is necessary to full participation in the business of the conference; and (3) the employee is not free to take the meals elsewhere without being absent from essential formal 4-5 ------- Chapter 4: Joint Conference (continued] discussions, lectures or speeches concerning the purpose of the conference. See GAO's Principles of Federal Appropriations Law. Volume I, Chapter 4, pages 4-88 and 4-89. Agency employees who are in travel status can include the meal cost on the travel voucher, and must also adjust their per diem claim downward by a formula which takes into account the fact that meal costs were reimbursed as part of the meeting expenses. If EPA employees are attending a co-sponsored event where food and refreshments are provided by the nonfederal co-sponsor, without charge, they may participate if authorized under the Ethics Regulations. Otherwise, the rules cited in Chapter 2 of this guide apply. See also Ethics Advisory 96-15. 7. Food and Refreshments for Nonfederal Attendees. EPA may not use appropriated funds for food and refreshments for nonfederal attendees unless: (1) the recipient is participating as a speaker in a training event (see the Government Employees Training Act, 5 U.S.C. 410.1); (2) the recipient is providing a direct service to the Agency and has received "invitational travel orders" under 5 U.S.C. 5703, in which case other travel expenses may also be paid; or (3) the Administrator's "reception and representation" fund is used. Also, conference attendees may voluntarily "pass the hat" to pay for food and refreshments. 8. Use of EPA Logo. The official logo may be used on promotional and conference materials for conferences EPA jointly sponsors with outside groups. The co-sponsor's logo should also be used on promotional and conference materials and should be displayed at least as prominently as EPA's. See EPA Order 1015.2A "EPA Seal and Agency Identifier." 9. Printing of Conference Material. EPA must comply with GPO printing requirements if it prints conference material (e.g., brochures or conference proceedings and reports). See Chapter 2 for additional guidance. An assistance recipient (the co-sponsor) may use its grant funds to print conference material, as discussed in Chapter 3. 10. Location. If EPA is responsible for selecting the conference site and paying for the facility and the conference involves travel by 30 or more EPA employees, or other travelers whose expenses are being paid by EPA, a cost comparison justifying the location must be prepared. See the EPA Travel Manual, Chapter 3.16.(a), (b) and (c). All conferences, meetings or training seminars EPA sponsors or funds, in whole or in part, which are held in hotels or motels must comply with the Hotel and Motel Fire Safety Act of 1990. This applies to the government of the District of Columbia only when it expends federal funds for a conference and to non-federal entities when government funds are provided for the conference. A list of hotels and motels that comply with the Act can be found in the monthly publication of the Federal Travel Directory issued by GSA. See the EPA Travel Manual, Chapter 4.2.(d) and for additional information, see Federal Travel Regulations, 41CFR Parts 301-16 and 301-17. 4-6 ------- CHAPTER 5: MAINTAINING PROPER DOCUMENTATION Clear and complete documentation is crucial for effective management of assistance and acquisition instruments. Fully documenting the who, what, where, when, and why of your conference will be very helpful hi the event of an audit, when you will be asked to provide up-to- date and complete records. Depending on the funding instrument used to support a conference, the documentation required will differ. For required documentation on contract files, you should consult the Contract Management Manual and the Contract Administration Training Manual. Chapter 6, which provides a helpful file plan. For required documentation for assistance agreements, you should consult the Managing Your Assistance Agreement Training Manual. Appendix Q, "Official EPA Project File, and Grants Management Fact Sheet No. 10, "Assistance Agreement File Documentation." One of the most critical documents for assistance agreements is the decision memorandum, justifying the use of an assistance agreement versus a contract to support conference activities. If the objective of the project is to conduct a conference, GAD's "Guidance for Preparing an Assistance Funding Package," dated April 28, 1997, requires that you address the following in the memorandum: Who is initiating the conference? How will it be advertised? Whose logo will be used for materials? What is the percentage of participants (i.e., feds, public, state/local)? Will the recipient prepare the proceedings and disseminate the information back to the targeted community? When you hold a jointly sponsored conference, in order to avoid any misunderstandings, it is important that EPA have an advance written agreement with co-sponsor(s) describing the intended roles and responsibilities of each co-sponsor. The following is a checklist of some important documents that should be retained in the official project file for an assistance agreement or a contract: Application for assistance agreement Assistance agreement (agreement joint application)/award documents or Contract Co-Sponsorship agreement for conferences Decision memo for assistance agreements AA/RA justification for conferences with more than 30 EPA travelers Amendments and modifications to the original documents) Financial information/reports, copies of progress reports Memoranda/correspondence/agendas/proceedings/papers including programmatic reviews Documentation of telephone conversations and meeting reports Reviews and audits conducted on the project Final reports and closeout information 5-1 ------- REFERENCE LIST BY SUBJECT MATTER A. Introduction. This is a list, grouped by subject matter (travel, food, etc.), of commonly referenced documents containing information relating to EPA's and its employees' involvement in conferences. Many of the documents cited in this reference list and the Best Practices Guide for Conferences are available electronically. Office of the Comptroller Policy Announcements and Transmittals (all OC Policy Announcements and Transmittals issued before May 1995 have been incorporated into the EPA Travel Manual) and the EPA Travel Manual can be accessed at http://intranet.epa.gov/fmdvally/rmd.htm. The Contracts Management Manual and Procurement Policy Notices can be accessed at http://intraneLepa.gov/oamintra. Many O1G reports can be found on EPA's Home Page under Offices and Labs/Office of the Inspector General, also check http://intranet.epa.gov/oigalsii/cinii. You can also access GAO Comptroller General Decisions (since October 1995) and the Principles of Federal Appropriations Law (the Red Book) through GAO's home page at www.gao.gov. The Code of Federal Regulations and the United States Code are accessible through EPA's home page under Regulations. Executive Orders and OMB Bulletins and Circulars can be accessed through www.whitehouse.gov. B. General Acquisition and Assistance Requirements. Contracts Management Manual: Covers issues related to the EPA acquisition process. Procurement Policy Notice No. 97-01 - Required Practices Concerning Subcontracts, Jan. 8, 1997: Includes prohibition against "directed subcontracting." Simplified Acquisitions Made Easy, April 1998: Provides accessible policies, procedures and guidelines for simplified acquisitions. This Q&A guidance is provided on the. OAM intranet site (http://intranetepa.gov/oamintra) Procurement Policy Notice No. 95-01- Procurement of Items for EPA Sponsored Commemorations and Events, April 10,1995: Provides guidance regarding the purchase of items to be distributed to the general public and EPA employees. EPA Order 5700.1, Policy for Distinguishing Between Acquisition and Assistance, March 22,1994: Clarifies the criteria for and to achieve consistency in selection and use of contracts, cooperative agreements and grants by all EPA offices and laboratories. Memorandum from GAD Director to IAG Project Officers, Sept. 30,1996: Provides IAG decision memorandum guidance, pre-award activities, and subcontractor selection. Managing Your Financial Assistance Agreement Training Manual Project Officer Responsibilities, EPA 202-B-94-001, Oct. 1996: Identifies administrative responsibilities of project officers, grants management offices (GMO), financial management offices (FMO), and other players involved in the management of assistance agreements. Participant Reference Manual - Office of Research and Development Project Officer's Course for Assistance Management (Grants and Cooperative Agreements) Sept. 1995: Identifies administrative responsibilities of project officers, grants management offices (GMO), financial management offices (FMO), and other players involved in the management of assistance agreements. R-1 ------- Reference List (continued] Grants Management Fact Sheet No. 9 - Competition for Assistance Agreements: Addresses the need to encourage competition in the award of assistance agreements. Grants Management Fact Sheet No. 10 - Assistance Agreement File Documentation: Addresses the need to adequately document assistance agreement files, particularly with regard to relevant communication. Guidance for Preparing an Assistance Funding Package, April 28, 1997: Addresses the need for justification in Decision Memoranda when using assistance for conferences. C. Conference Planning and Site Selection The EPA Travel Manual (Chapter 2550B of the Resources Management Directives System) of 1995: Incorporates all travel-related Policy Announcements and Transmittals issued by the Office of the Comptroller after May 1988 through May 1995. See Chapter 5. Your Preparation Guide for Conferences/Meetings/Training, May 1995: Explains how to provide logistic support for conferences through small purchase procurement. EPA Ethics Advisory 96-15, Guidance on Co-Sponsoring Conferences, Oct. 17, 1996: Addresses legal and ethical issues that arise in connection with co-sponsored conferences. EPA Order 1015.2A - EPA Seal and Agency Identifier, Dec. 27, 1978: Updates requirements for use of official EPA seal and provides directions for use of Agency Identifier. EPA Ethics Advisory 94-17 Providing Speakers at Conferences, Seminars, and Similar Events, April 13, 1995: Suggests things to consider when EPA employees are asked to actively participate in non-government conferences. Committee on Integrity and Management Improvement Bulletin 95-4, Conferences and Meetings, May 1995: Highlights EPA's policy on scheduling conferences and meetings. D. Travel The EPA Travel Manual (Chapter 2550B of the Resources Management Directives System) of 1995: Incorporates all travel-related Policy Announcements and Transmittals issued by the Office of the Comptroller after May 1988 through May 1995. On The Way With EPA, A Reference Guide for Travel: Answers commonly asked questions regarding official temporary duty (TDY) travel for EPA employees and EPA funded travel for non-EPA employees (invitational travelers). EPA Ethics Advisory 92-26, Revised Rule on Acceptance of Travel Expenses, Dec. 24, 1992: Advises that assistance funds cannot be used to fund travel for federal employees because this would circumvent limits on government travel ceiling. See also EPA Ethics Advisory 96-19, New One-Page Travel Acceptance Form, Dec. 17, 1996, which provides a revised attachment to Ethics Advisory 92-26; and EPA Ethics Advisory 97-05 Addendum to EPA Ethics Advisory 92-26, Accepting Travel Expenses, March 13, 1997.) EPA Ethics Advisory 94-17, Providing Speakers at Conferences, Seminars, and Similar Events, April 13, 1995: Provides additional guidance on related travel issues. R-2 ------- Reference List {continued} Related OGC Memoranda Travel Expenses of Non-Government Employees, June 1982: Discusses the rules governing EPA's payment of travel expenses of non-government employees who attend meetings sponsored by EPA. Compensation and Reimbursement of FACA Committee Members and Consultants, June 1, 1993: Explains when EPA can use contract funds to pay for travel, and when it must use Agency travel funds. Reimbursement of Travel and Per Diem Expenses of Federal Advisory Committee Members, June 22, 1993: Advises that travel and per diem expenses of advisory committee members may only be paid through the issuance of invitational travel orders and charged to an appropriate EPA travel account. Reimbursement of Travel Expenses of Members of Federal Advisory Committees Through an Interagency Agreement, Sept 7, 1993: Discusses whether a contract issued under an IAG can be used to pay travel expenses of FACA members. . Payment of Travel Expenses of Non-Federal Participants at EPA Meetings, Sept. 22, 1993: Discusses whether it is appropriate to pay for the travel expenses of individuals, such as peer reviewers, by contract. E. Food The EPA Travel Manual (Chapter 2550B of the Resources Management Directives System) of 1995: Incorporates all travel-related Policy Announcements and Transmittals issued by the Office of the Comptroller after May 1988 through May 1995. See Chapter 5.5. Procurement Policy Notice (PPN) 94-10 - Contracting for Meals and Refreshments for Government Employees, Aug. 17, 1994: Sets forth the restrictions for direct acquisition of EPA employees' meals and refreshments, i.e., meals at conferences/meetings as part of authorized training, or meals or food and beverages at an official Agency ceremony. F. Federal Advisory Committee Act Meetings (FACA) The EPA Travel Manual (Chapter 2550B of the Resources Management Directives System) of 1995: Incorporates all travel-related Policy Announcements and Transmittals issued by the Office of the Comptroller after May 1988 through May 1995. See Chapter 3.3 and 3.6. Related OGC Memoranda Compensation and Reimbursement of FACA Committee Members and Consultants, June 1, 1993: Explains when EPA can use contract funds to pay for travel, and when it must use Agency travel funds. Reimbursement of Travel and Per Diem Expenses of Federal Advisory Committee Members, June 22, 1993: Advises that travel and per diem expenses of advisory committee members may only be paid through the issuance of invitational travel orders and charged to R-3 ------- Reference List (continued) an appropriate EPA travel account It is not appropriate to reimburse travel or per diem expenses of advisory committee members through a contract Reimbursement of Travel Expenses of Members of Federal Advisory Committees Through an Interagency Agreement, Sept 7,1993: Discusses whether a contract issued under an IAG can be used to pay travel expenses of FACA members. G. Lobbying Related OGC Memorandum Appropriation Act Lobbying Restrictions, July 9, 1997: Provides guidance on lobbying restrictions. ------- Appendix G ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 2 1999 OFF.CEOF ADMINISTRATION AND RESOURCES MANAGEMENT GPI99-2 and 99-3 MEMORANDUM SUBJECT: Policies to Close Disbursement and Reimbursement Interagency Agreements FROM: Gary M. Katz, Director W" Grants Administration Division/ v TO: Senior Resources Officials Attached are copies of the revised closeout policies for reimbursement and disbursement interagency agreements. These policies include consideration and review of all comments received from the Regional Grants Management Offices, Grants Customer Relations Council representatives and from the Cincinnati Financial Management Center. In the near future, we may develop a separate policy on allocation transfer agreements and Superfund interagency agreements. We will keep you advised on our progress. If you have any questions, please contact me or have your staff contact Michelle McClenddn by phone at (202) 564-5357 or by email at mcclendon.michelle@epa.gov. Attachments cc: Romulo Diaz, Office of Administration and Resources Management Elizabeth Craig, Office of Grants and Debarment Elissa Karpf, Office of Inspector General Kenneth Pakula, Office of General Counsel Assistant Regional Administrators Grants Customer Relations Council Grants Management Offices Internet Address (URL) http://www.epa.gov Recycled/Recyclable . Primed wilh Vegetable Oil Based InKs on Recycled Paper (Minimum 20% Postconsumer) ------- GPI99-2 CLOSEOUT POLICY FOR DISBURSEMENT INTERAGENCY AGREEMENTS (February 12,1999) Purpose of This document establishes EPA's policy and procedures to close Disbursement Document Interagency Agreements. Effective Date This policy becomes effective upon the date of signature. This policy supersedes the policy and procedures to close disbursement interagency agreements found in the 1988 EPA Assistance Administration Manual and in the 1988 Interagency Compendium. Applicability These policies and procedures apply to all Disbursement Interagency Agreements with the exception of allocation transfer agreements. Definition of a Disbursement Interagency Agreement A disbursement interagency agreement is: 1) a written agreement between Federal agencies under which goods and services are provided in exchange for funds or where services are provided without payment or 2) a written agreement between a Federal agency and a foreign government under which work will be conducted for, or services provided to, a foreign government or international organization or 3) a written agreement that sets forth basic policies or procedures governing the relationship between the agencies to accomplish a joint goal or project Policy It is EPA's policy to close disbursement interagency agreements within nine months after the end of the project period. This will allow for other agencies to submit their final accounts and bill for costs incurred at the end of the project period. Each EPA program, administrative and financial office will be responsible for maintaining its respective interagency agreement files. For more information on Grants Management Office (GMO), Project Officer and Cincinnati Financial Management Center (CFMC) responsibilities, please see the attached excerpt on interagency agreements from the manual entitled, "Managing Your Financial Assistance Agreement: Project Officer Responsibilities." GMOs should place their highest priority on closing out disbursement LAGs with no-year dollars to make funds available immediately to the Agency. Procedures to EPA Grants Management Offices (GMOs), program offices and CFMC will use the close disburse- following procedures to close EPA disbursement interagency agreements: ment interagen- cy agreements No later than 90 calendar days after the end of the project period, the GMO will review the financial information in the Integrated Financial Management System or contact CFMC to ------- determine the remaining balance on the IAG. Once the GMO receives the balance, it will send a closeout certification letter to the EPA Project Officer asking whether it received the final product, whether the CFMC balance is correct and whether the Project Officer approves the closure of the IAG. Project Officers have twenty-one calendar days after the date of EPA's closeout notification letter to respond. Where there is property, the GMO shall remind the Project Officer of the Project Officer's responsibility to dispose of property or equipment acquired or loaned under the agreement For more information on property disposition, please refer to the attached chapter on interagency agreement property in the Personal Property Management Policy Manual (Chapter 4, "Interagency Agreement Property," Classification Number 4831, Personal Property Management Policy Manual, Facilities Management and Services Division, OARM, 1990). Upon receipt of the Project Officer certification, the Grants Management Office shall send a closeout letter stating EPA's remaining balance to the Project Manager from the other agency (with a copy to CFMC). If the Project Manager from the other agency disagrees with the remaining balance, the Project Manager from the other agency must contact CFMC. CFMC will work with the other agency and the GMO to resolve the discrepancy. If the Project Manager does not contact CFMC within 15 calendar days of the date of EPA's closeout notification letter, then CFMC will deobligate the remaining balance in EPA's Integrated Financial Management System (IFMS). The GMO will close the IAG in the Grants Information Control System and retain the administrative file according to EPA's record retention policies and procedures. ------- GPI99-3 CLOSEOUT POLICY FOR REIMBURSEMENT INTERAGENCY AGREEMENTS (February 12,1999) Purpose of This document establishes EPA's policy and procedures to close Reimbursement Document Interagency Agreements. Effective Date This policy becomes effective upon the date of signature. This policy supersedes the policy and procedures to close interagency agreements found in the 1988 EPA Assistance Administration Manual and in the 1988 Interagency Compendium. Applicability These policies and procedures apply to all Reimbursement Interagency Agreements with the exception of allocation and appropriation transfer agreements. Definition of a Reimbursement Interagency Agreement A reimbursement interagency agreement is: 1) a written agreement between Federal agencies under which goods and services are provided in exchange for funds or where services are provided without payment or 2) a written agreement between a Federal agency and a State or local government under which the State or local government reimburses the Federal agency for the costs of providing goods or services or 3) a written agreement between a Federal agency and a foreign government under which work will be conducted for, or services provided to, a foreign government or international organization or 4) a written agreement that sets forth basic policies or procedures governing the relationship between the agencies to accomplish a joint goal or project Policy It is EPA's policy that all reimbursement interagency agreements will be closed upon notification from the other agency and when all financial transactions have been completed. However, if the GMO does not receive notification from the other agency within nine months after the end of the project period, then it will proceed with closeouL Each EPA program, administrative and financial office is responsible for maintaining its respective interagency agreement files. For more information on Grants Management Office (GMO), Project Officer, and Cincinnati Financial Management Center (CFMC) responsibilities, please see the attached excerpt on interagency agreements from the EPA manual entitled ," Managing Your Financial Assistance Agreement: Project Officer Responsibilities." EPA Grants Management Offices (GMOs) will use the following procedures to close EPA reimbursement interagency agreements: Procedures to close reimburse- ment interagency agreements Either upon notification from the other agency or nine months after the end of the project ------- period, the GMO will review the financial information in the Integrated Financial Management System or contact CFMC to determine if all funds associated with the IAG have been expended and collected from the other agency. If the financial transactions are not complete, then the GMO will follow up with CFMC every three months to determine the status of closing out the IAG. If the financial transactions are complete, the GMO will contact the EPA Project Officer to ensure that the Project Officer provided the final product and the Project Officer approves closing the IAG. Once the GMO receives the approval, the GMO will send a closeout letter to the Project Manager for the other agency and to CFMC indicating the amount of unused funds. The GMO will close the LAG in the Grants Information Control System and retain the administrative file according to EPA's record retention policies and procedures. ------- Appendix H ------- United Slates Environmental Protection Agency Office of Administration Facilities Management And Services Division ,J?^^ftlfe~^" -/^!&^^-^^^^^^^ ^^^^^^^''-^n-^^^^^^ ,:--.;-^£>'/,;it£<^if-~^~' ' . - "-_:> ~. -y-*- ^--'f^f-'j^ -.^'^^v5'^4&------'N^ -,"-^''"^"-.'X^j-rU- >^ .-!-.. %~ vX->; ^--v^wiv;^ ^^J^^S^^I^^I^fci^^ '^-;---'"- :_~y-l^.".-:- ~ v'i^-^'^-^.'-ii.'^itV- ^^7t.§" -.-r- -'-: - - \^-.V^;^,; /^KO:>£* ^S^SS^S2S?SS^5S^^: ------- 4831-2/12/90 Personal Property Management Po&gr Interagency Agreement Property Chapter 4 1. Purpose This chapter prescribes polices for the management and control of per- sonal property provided to or acquired under Interagency Agreements (IAG) between the Environmental Protection Agency (EPA) and other federal agencies. Scope The polices set forth in this chapter apply to all EPA organizations that award or administer "Funds-Out" (Disbursement) Interagency Agreements. All personal property funded or furnished to EPA under a "Funds-In" (Reimbursement) Interagency Agreement will be subject to the manage- ment and control outlined in chapter 2, in-house property. 3. Authority The Federal Property Management Regulations (FPMR), 41 Code of Federal Regulations (CFR) Chapter 101 4. Reference The following sources are referenced for supplementary information on policies cited in this chapter. The Interagency Agreement Policy and Procedures Compendium, Grants Administration Division (GAD) The Assistance Administration Manual, 5700, Chapter 51 Facilities and Support Services (FSS) Manual, 4800 Responsibilities 5.1. EPA Project Officer As the designated technical representative, the Project Officer for the Inter- agency Agreement shall: greement Properly Page 55 ------- Personal Property Management Policy 4831-2/12/90 Ensure incorporation of applicable policies concerning acquisition, retention, title, and disposition of property in the Interagency Agree- ment This shall include the designation of a Property Administrator as a special condition in the Agreement when EPA retains the title for property. The responsibility for these functions is shared with the Grants Administration Division when the IAG originates at Head- quarters and the Regional Assistance Administration Unit (RAAU) for lAGs that originate in the regions. Review property requirements submitted by the other agency and ensure that a cost comparison (lease versus purchase analysis) is prepared prior to the purchase of any property in excess of $ 1,000. Recommend disposition to EPA Action Official on property for which EPA retains title at IAG close-out or when property is no longer needed for the performance of the IAG. 5.2. EPA Property Administrator Coordinates with the Project Officer, GAD, and RAAU to ensure that property accountability, maintenance of the official records of all proper- ty, final disposition, and transfer of title are complete for property in which EPA retains tide. 5.3. EPA Financial Management Officer, Cincinnati Provides guidance on financial management policy, procedures, and any interagency financial transactions resulting from property disposition. 5.4. EPA Action Official Signs the Interagency Agreement for EPA and is the final approval authority for acquisition and disposition of .IAG property. At the regional level the Action Official is the Regional Administrator or his designee and must be above the Division Director level. At Headquarters the Action Official is the Chief, Grants Information and Analysis Branch, Grants Administration Division. 5.5. GAD or RAAU Reviews Agreements to ensure compliance with legal and administra- tive requirements. Provides a copy of the Agreement and Amendment(s) that involve property in which EPA elects to retain title to the appropriate Property Administrator. Page 56 Chaplor 4. Intoragency Agreement Property ------- 4831-2/1290 Personal Property Management PoCcy 6. Policy Personal property, provided to or acquired by the other agency with EPA funds, must be authorized in the Agreement The Agreement must specify if the title is to be vested with EPA or the other agency. Conditions governing jointly-funded property will be mutually determined by EPA and the other agency. In the event property title remains with EPA, a Property Administrator will be designated as a special condition in the Agreement to administer the property and the requirements for approval, tide, control, and disposal described in sections 6.1 through 6.4 shall be followed. 6.1. Approval The acquisition of property may be authorized if itjs in the best interest of the Government. A cost comparison analysis will determine the most cost-effective method of acquisition. These methods include: Government-furnished property Usage fee Lease Contractor services Contractor-acquired property Property purchased with IAG funds 6.1.1. Cost Comparison 6.1.1.1 Government-Furnished Property EPA-owned property, with the exception of motor vehicles, may be provided to another federal agency for use under an IAG. Generally the title to the property will be transferred to that agency with no further accountability or obligation to EPA unless the exceptions listed below are met: The property was originally acquired through the Superfund appropria- tion, in whole or in pan, or The EPA Project Officer makes the determination that ft is in the best interest of EPA to retain tide of the property. In these cases the property will be loaned by EPA to the other federal agency. At the end of the project period, or when the property is no longer needed for the project, the property must be returned to EPA. The Project Officer must coordinate a loan request by writing a memorandum to the Chapter 4. Interagoncy Agreement Proporty Page 57 ------- Personal Property Management Policy 4831-2/12/90 Action Official through the Property Administrator. A copy shall be for- warded to GAD or RAAU. The list of Government-furnished property shall be incorporated into the IAG and shall include the following: A full description of the property, including the manufacturer's name, serial number, and model number. EPA decal number, present condition of the property, and the acquisi- tion cost The planned duration of the loan. Specific statement as to who is responsible for maintenance, repair, transportation, and restoration costs. 6.1.1.2 Usage Fee An agency operating under an Interagency Agreement may purchase equipment using the agency's own funds and charge EPA a fee for the time the equipment is used on the project The fee will be based upon a calculated usage charge rate (e.g., $/hour of operation or $/sample). Once the charge rate is agreed upon by both parties, this rate can be applied in every project for which the specific piece of equipment will be used. Usage rates should be reviewed periodically by the federal agency to ensure that total charges for an item do not exceed the costs actually incurred. 6.1.1.3 Lease If a piece of equipment is to be leased through an Interagency Agreement, a lease versus purchase analysis must be conducted to ensure that the leas- ing arrangement is the most cost-effective way to achieve the desired results. The leasing arrangement must be approved by the Action Official. The Property Administrator shall be notified at the termination of a lease agreement before items are returned to assure that EPA is taking advan- tage of any lease credits. The EPA Property Administrator shall determine if the option to purchase the property should be exercised before the item is returned to the vendor. 6.1.1.4 Contractor Services As an alternative to purchasing or leasing property, and a contractor has the appropriate equipment, the contractor's services may be procured. This procurement method must be used for Superfund lAGs when trans- portable or mobile treatment systems (e.g., thermal destruction, biological, or physical-chemical units, etc.) are required during remedial action. Pa9e 58 Chapter 4. Interagency Agreement Property ------- 4831 -2/12/90 Personal Property Management Policy 6.1.1.5 Contractor-Acquired Property If authorized to do so in the IAG, a contractor may purchase property with EPA funds. The contract must identify whether the tide will be vested with EPA, the other federal agency, or the contractor. 6.1.1.6 Property Purchased with IAG Funds Purchase of equipment is an allowable cost under an Interagency Agree- ment if the purchase is the most cost-effective way of obtaining the equip- ment. A justification for purchase of the equipment, including a lease versus purchase analysis must be prepared and submitted to the Decision and Action Official prior to purchase. All equipment purchases must be included in the signed Interagency Agreement or in modifications or amendments thereto. The justification must include: The specific program and project for which the property is required and the EPA cost account number which will be used for the acquisition. The type, quantity, and estimated costs (including any transportation or installation costs) of each item of property required. Why the property is necessary for project performance. Why it is in the best interest of EPA to provide funds to purchase the property rather than to require the other agency to provide the property at no direct cost to the agreement The location at which the property will be used, and the agency's per- sonnel responsible for acquisition and management of the property. For property to be acquired by the other agency at EPA expense, a cer- tification that no in-house excess property is available and the concur- rence of the local accountable area property office. For equipment to be acquired by the other agency at EPA expense a lease versus purchase analysis. 6.2. Title 6.2.1. Non-Superfund Property 6.2.1.1 Property Acquired with IAG Funds Non-Supcrfund property authorized for acquisition by the-other agency under the terms of the IAG will be titled in that agency and subject to the property management procedures of that agency with no further account- ability or obligation to EPA, unless otherwise stated in the IAG. Agency Agroomont Property ' pago 59 ------- Personal Property Management Policy 4B31 - 2/12/90 6.2.1.2 Government-Furnished Property Non-Superfund property that is furnished to the other agency by EPA under the terms of the IAG will be transferred to the other agency in accordance with the procedures of the General Services Administration (GSA), titled in that agency, and subject to the property management pro- cedures of that agency with no further accountability to EPA. 6.2.2. Superfund Property Title to property acquired totally or in part with funds of the Trust Fund, remains vested with EPA. The only exception to this policy is for equip- ment comprising part of the remedial or response action (such as pond liners or pipes for a water treatment system), and necessary for the con- tinued functioning or the response action. This property loses its identity as Government personal property at the time of installation. EPA shall relinquish its interest in the property at the time of installation and no reim- bursement will be required for the Trust Fund. 6.2.3. Contractor-Acquired Property EPA retains the right to title for all personal property acquired under direct reimbursement by a Superfund contractor working for another federal agency under an Interagency Agreement All lAGs and contracts issued under lAGs should reflect this policy. 6.2.4. Right to Retain Title EPA may reserve the right to retain tide to the property at the end of the project period when the property is acquired entirely with EPA funds, had an original acquisition cost of $1,000 or more, and was identified as a spe- cial condition in the IAG. EPA always retains title to property acquired using Superfund funding. The EPA Action Official will notify the other agency of this intention within 120 days after completion of the project. 6.3. Control The other federal agency has no obligation to follow EPA property management standards unless they fall in one of the exceptions listed below. The IAG is supporting a Superfund project, or EPA has retained the right to title for property acquired with IAG funds. If one of the exceptions is met, the other federal agency may use its own property control procedures if they meet the following minimum stand- ards set forth below as well as the inventory criteria found in section 6.4. Page 60 Chapter 4. Interagency Agreement Property ------- 4831-2/12/90 ^ Personal Property Management Policy 6.3.1. Accountability Criteria The level of control of personal property shall be exercised according to the categories listed below. 6.3.1.1 Expendable Property Expendables and low-value items are subject to accounting and supply record controls until issued to the consumer. It is the responsibility of the employee and his/her supervisor to ensure that the property is used for official purposes. 6.3.1.2 Nonexpendable Property a. Accountable property consists of nonexpendable personal property with an acquisition cost of $1,000 or more and sensitive items with an acquisi- tion cost of $300 or more. Upon receipt, all accountable property shall be identified and recorded in the agency's property management system. All property purchased with Superfund funds will be identified by affixing a "Superfund unique" decal to the property. b. Nonexpendable personal property which does not meet the account- ability criteria shall be controlled at the point of issuance. No formal accountability shall be maintained after issue, but the replacement shall be regulated by the supervisor to ensure that requests for replacement items are essential for the successful completion of the project. In addition, the supervisor shall establish adequate safeguards and controls to ensure that the property is acquired for official use only. AH property purchased with Superfund funds will be identified by affixing a "Superfund unique" decal to the property. 6.3.1.3 Component Parts Component parts shall not be classified as accountable property. If the price of the component part is $1,000 or greater, the component shall be added to the original acquisition cost of the accountable property to which the component is either installed or affixed. To be a component, the pan must be nonexpendable, be integral to the functioning of the main unit, and not have the capacity to stand alone. Examples include: a memory board for a computer or a probe for a photoionizer. 6.3.1.4 Leased Property Propeny leased with IAG funds shall be controlled and maintained in the other agency's property management system. 6.3.2. Property Management Reviews Section 111 of the Superfund Amendments and Reauthorization Act requires all Offices of the Inspector General (OIG) of agencies having ^Agr ------- Personal Property Management Policy 4831 - 2/12/90 authority under the Act to audit the obligations and disbursements made against the Trust Fund for the prior fiscal year. In response to this provision, federal OIGs and other audit groups perform audits of costs incurred by their respective agencies under lAGs for audit Suggestions or requests for audit of specific lAGs can be made through the EPA-OIG. 6.4. Inventory An annual inventory of all property acquired by or furnished to another federal agency under an IAG is required when title to that property is retained by EPA. A report of this inventory will be sent to the EPA Property Administrator. In addition, a final inventory shall be submitted to the Property Admin- istrator within 30 days of project completion. The inventory report shall describe the present condition of each item and request dispbsition instructions. 6.5. Disposal Disposition procedures prescribed in this section apply only to property which EPA has retained the right to tide. 6.5.1. Non-Superfund Property Disposal of property provided to or acquired through the IAG with non- Superfund funds to which EPA retains title will be made in accordance with the Federal Property Management Regulations, Chapter 101, Title 41, Subchapter H. Conditions governing jointly-funded equipment shall, however, be mutually determined by EPA and the other agency. 6.5.2. Superfund Property When personal property, funded totally or in pan with Superfund funds, is no longer required to support the Superfund program, disposition must be made on the property. Disposition in this context includes the transfer or sale to or by a federal agency under an IAG. EPA retains its financial investment in property purchased with Superfund funds until final disposition of the property. At that time, reimbursement will be made to the Trust Fund at the item's fair market value. The Prop- erty Administrator will direct the Agency's disposition of the property to ensure that the Trust Fund is reimbursed as required and the specific site or activity account is credited according to the paragraph listed below. Page 62 Chapter 4. Interagency Agreement Property ------- 4831-2/12/90 Personal Property Management Pofcy 6.5.2.1 Property Greater than $1,000 For expendable property having an aggregate fair market value of $1,000 or more and for accountable property, the EPA Property Administrator will direct the other agency to perform one of the following actions: Transfer to another Interagency Agreement supporting Superfund. Transfer to an EPA in-house activity supporting Superfund. Use on other federal projects. Keep the property. Sell the property. Return the property to EPA where the procedures of chapter 2, in-house property, will apply. In each instance, the site or activity account losingThe property will be credited and the receiving account charged- If the property is no longer used for a Superfund activity, the Trust Fund will be reimbursed its proportionate share at the current fair market value of the property. 6.5.2.2 Property Less than $1,000 For all nonexpendable personal property falling below the accountability threshold, reimbursement to the Trust Fund shall take place at the time of sale. The property may be used by other functions until that time. If an item is funded partially by Superfund funds, all of the proceeds from the sale will be reimbursed to the Trust Fund (see general policy, chapter 1, section 6.3.2.2). If expendable property remaining at the end of the project period has an aggregate fair market value of less than $1,000, EPA shall relinquish its interest in the property and the Property Administrator will instruct the other agency to keep the property without reimbursing the Trust Fund. 6.5.2.3 Personal Property Comprising Part of a Superfund Action Personal property comprising part of a Superfund remedial or removal action (such as pond liners or pipes for a water treatment system) and necessary for the continued functioning of the response action, loses its character as Government personal property. EPA will relinquish its inter- est in the property and no reimbursement to the Trust Fund is required. Such property is removed from the Personal Property Accountability Sys- tem, if so controlled, upon certification by the EPA Project Officer and concurrence by his/her supervisor that the property is being left in place as pan of the Superfund remedy. apter 4. Interagency Agreement Property " " ' p- ------- Personal Property Management Policy 4831-2/12/90 There may be other property which is incidental to, but not necessary for, the continued operation of the response action. In accordance with the provisions of the 41 CFR 101-45.9, these items may be left in place if required by health, safety, or security considerations. These items may also be abandoned if the value of the property is so little or the cost of its care and handling so great that retention for sale is clearly not economical. 6.5.3. Contractor-Acquired Property If the property is acquired by a contractor through a contract with the other federal agency using EPA funds and the property is tided to the other federal agency or EPA, the disposition procedures and Trust Fund reimbursement requirements set forth in this section apply. Page 64 Chapter 4. Interagency Agreement Property ------- Appendix I ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 1 of 12 ^ Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG Activities, and Subcontractor Selection Document ID Number: Signer: Gary M. Katz Signature Date: 09/30/96 Revision Date: Category: Interagency Agreement Documents, Project Officers Manual September 30, 1996 MEMORANDUM SUBJECT: Interagency Agreement Decision Memorandum Guidance, Pre-award IAG Activities, and Subcontractor Selection FROM: Gary Katz, Director /s/ Grants Administration Division _ . TO: Headquarters Senior Resource Officials , The Grants Administration Division" has developed guidance to assist EPA program offices and laboratories in developing Interagency Agreements. In particular, it outlines information decision memorandums should include. If decision memorandums are complete, your offices' rework and our IAG specialists' follow-up will be reduced. This guidance clarifies existing policy, implements the Federal Acquisition Streamlining Act, and responds to IAG management weaknesses identified by the Inspector General. All decision memorandums submittedafter September 30, 1996, must reflect this guidance. I have attached 10 copies', of the'guidance -and request your assistance in distributing the guidance to all project officers. We are also sending copies t.o Grants Customer Relations Council members. Finally, we will send copies to project officers, when requested. I you have questions about the guidance, please call Scott McMoran on (202) 260-4392. http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661fD04bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 2 of 12 ATTACHMENTS cc: Official Reading S.McMoran M.Lee S.Pressman J.Souzan Grants Customer Relations Council September 30, 1996 MEMORANDUM SUBJECT: Interagency Agreement Decision Memorandum Guidance, Pre-award IAG Activities, and Subcontractor Selection FROM: Gary Katz, Director /s/ Grants Administration Division TO: EPA IAG Project Officers This memorandum lists the information Interagency Agreement decision memorandums should include and provides up-to-date guidance on use of lAGs. If decision memorandums are complete, your offices' rework and our IAG specialists' follow-up will be reduced.. This guidance clarifies existing policy, implements the Federal Acquisition Streamlining Act, and responds to IAG management weaknesses identified by the Inspector General. (Simple transmittal notes may be used to transmit amendments to agreements unless there have been significant changes from the original agreement.) Effective October 1, 1996, Interagency Agreement decision memorandums should include at least the following 1. A description of the proposed project's objectives and an explanation as to how the IAG will accomplish them. The description of the project objectives should be consistent with the authority for the agreement (see paragraph 2). If the funded work is part of a larger project, the description should be clear as to which parts of the work are funded by the IAG and which are not. 2. A statement of which statutory authority is thought to be the basis for the transfer of funds under the IAG. http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661f004bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award TAG.. Page 3 of 12 Generally, the authority will be either the Economy Act or EPA's "cooperation" authorities (see attachment 4). 3. For lAGs (agreements with other Federal agencies) which involve international work and for funds-in agreements with foreign governments or international organizations, a statement that the project has been reviewed and approved by Office of General Counsel grants staff and the Office of International Activities and a copy of the OIA clearance form. (OIA will obtain necessary clearance from the Department of State or the Agency for International Development for agreements with foreign governments and international organizations.) The OGC will assist you in determining the proper authority for these agreements (see Attachment 4). 4. A discussion of the alternatives to an IAG which you considered and why the IAG mechanism was selected. 5. An explanation of why the other agency was selected or why the other agency selected EPA. 6. A determination that the cost of the proposed work is reasonable based on an independent estimate of cost or other appropriate cost information developed by EPA. 7. For Economy Act.LAGs, .explain how the IAG is in the best interest of the government and how it will further economy and efficiency, and, if the servicing agency will provide goods or services with its own forces, an explanation of why the requesting agency cannot obtain the services as conveniently or cheaply through a commercial enterprise. 8. For Economy Act lAGs under which EPA is obtaining goods or services through another agency's contract, a discussion which will document that one of the criteria below is met o The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency. To meet this criterion, you must provide assurance that the statement of work is consistent with the scope of the contract; or o The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or http://dchqdominol.wsm.epa.gov:987.../07036d79322174£28525661fD04bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG.. Page 4 of 12 o The servicing agency is specifically authorized by law or regulation to purchase such supplies or services 'on behalf of other agencies. 9. (a) For Economy Act lAGs, if funds under the IAG will be used for travel, the purpose of the IAG and the associated travel must be to carry out a project in support of the requesting agency's mission and not to augment the performing agency's travel ceiling. If EPA will use more than 15% or $15,000, whichever is less, of the funds under a funds-in IAG for travel, the decision memo must include a statement that the purpose of the IAG and the associated travel is to carry out a project in support of the other agency's mission and not to augment EPA's travel ceiling. It must make clear that the EPA staff would not make the trips planned under, the IAG, except for the other agency's project. (For funds-out lAGs with travel budgets which meet the criteria above, the statement must come from the other agency's project officer.) (b) For a funds-in IAG under EPA's cooperation authorities, if EPA will use more than 15% or $15,000, whichever is less, of the funds for travel, the decision memo must include a statement that -the travel is necessary to carry out the project and the IAG is not for the purpose of exceeding a travel ceiling or similar limitation. (For funds-out cooperation act lAGs with travel budgets which meet the criteria above, the statement must come from the other agency's project officer.) 10. If funds under an IAG authorized by EPA's cooperation authorities will be used for a grant or cooperative agreement, a statement that the principal purpose of the project is to support or stimulate the recipient to accomplish a public purpose and not for the direct use or benefit of the Federal government, and a statement that both agencies have adequate'grant making authority (see attachment 4). 11. If IAG payments will be made in advance, a justification for use of the advance payment method. Generally, advance payments are authorized only when an agency has a working capital fund or other statutory or regulatory requirement for advances; EPA does not have authority to request payments in advance. http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661£D04bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG.. Page 5 of 12 I am attaching several memorandums which have updated IAG policy in recent years as well as an explanation of EPA's statutory authorities for lAGs. Some of the memorandums, such as those related to lAGs submitted after start of work, may require decision memorandums to include additional information to cover specific circumstances. Attached are o An August 10, 1988, memorandum from Dave Ryan, EPA Comptroller and Harvey Pippen, which explains justification requirements when lAGs are submitted to GAD after EPA staff have authorized start of work (generally, of course, such authorizations should not be given) (Attachment 1). o A memorandum (May 25, 1994), signed by Jon Cannon, which makes clear that EPA staff should not be involved in selecting other agencies' contractors or subcontractors under lAGs (Attachment 2). o A memorandum (May 11, 1994), from Scott McMoran and concurred in by Steve Pressman, OGC, which clarifies the availability period of funds under lAGs (Attachment 3). o A list of the statutory and related authorities which authorize the agency "to enter into lAGs with an explanation of when to use them (Attachment 4). If you have questions on this guidance, please call Scott McMoran in Grants Operations Branch B on (202) 260-4392. ATTACHMENTS Attachment 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 AUG 10,1988 MEMORANDUM SUBJECT: Approval of Project Periods and Incurred Costs for Interagency Agreements FROM: David P. Ryan /s/ Comptroller Harvey G. Pippen, Jr. /s/, Director httD://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661f004bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG.. Page 6 of 12 Grants Administration Division TO: Addressees BACKGROUND Environmental Protection Agency (EPA) Action Officials are frequently asked to execute interagency agreements (TAGS) after the project period has-begun. This often results in a misunderstanding of the start date of the project. It also causes confusion about the allowable costs which can be incurred between the start of the defined project period and date of execution of the IAG. For example, an IAG intended to begin the first day of the fiscal year may not be prepared by the program office until allowances are issued several weeks into the fiscal year. Yet it may be essential, for program continuity, for activity to begin (or continue) on the first day of the fiscal year. For both direct Federal procurement actions and EPA assistance awards, procedures are defined by regulation to deal with pre-award costs issues. However, no such regulatory framework is available for interagency agreements. The purpose of this memorandum is to establish policy for approving lAGs with project periods (and related costs) beginning before execution of the agreements. ACTION Generally, work should not be initiated under an interagency agreement between EPA and another agency Until a formal agreement has been executed by both parties. However, valid reasons may be present for exceptions to this policy, including emergency responses or unplanned delays in funding availability. Project periods for interagency agreements beginning before the date of execution of the IAG may be approved by the EPA Action Official. This decision is to be based on justification provided by the program Decision Official for costs incurred within the appropriation period in current legislation. Failure to provide such justification could jeopardize reimbursement for costs incurred prior to execution of the IAG. Chapter 51 of the Assistance Administration Manual requires that a decision memorandum accompany each interagency agreement submitted to an EPA Action Official for execution. If it is necessary to approve an IAG project period which has already begun, the following information should be incorporated in the decision memorandum: 1. Identification and discussion of IAG project activities conducted prior to execution of the IAG. 2. Explanation of why it was necessary to initiate activities prior to the execution of the IAG. http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661£D04bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award TAG .. Page 7 of 12 3. A statement that an EPA representative authorized the TAG activities to be conducted before execution. Following evaluation and acceptance of the justification, the Action Official may execute the IAG on behalf of EPA with project period dates prior to the date of execution. Questions regarding this memorandum should be directed to: W. Scott McMoran, Chief, Grants Information and Analysis Branch, Grants Administration Division (3903F), 202- 260-4392. Attachment 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MAY 25, 1994 MEMORANDUM SUBJECT: Directed Subcontracting under Interagency Agreements TO: EPA Interagency Agreement Project Officers Agencies may use Interagency Agreements (IAG) to obtain goods and services from other agencies which have greater capability or capacity in certain areas. lAGs are authorized by the Economy Act and by several of EPA's program statutes. It has recently come to my attention that EPA employees may be using lAGs to avoid restrictions under the Federal Acquisition Regulation and EPA contracts. Under IAGS, an agency may provide goods or services to another either directly using its own staffer through contracts. When the agency has a contract in place with the appropriate scope of work and capacity, it is appropriate for EPA employees to negotiate and Interagency Agreement with the other agency to obtain the goods or services if doing so will enhance economy and efficiency in the government. Generally, the other agency can begin work or place a contract task order only after an IAG is signed by appropriate officials in both agencies. In any event - NO EPA EMPLOYEE MAY AUTHORIZE ANOTHER AGENCY'S CONTRACTOR TO BEGIN WORK UNDER AN IAG. THE OTHER AGENCY MUST ISSUE A TASK ORDER BASED ON THE IAG BEFORE THE CONTRACTOR CAN BEGIN WORK. NO EPA EMPLOYEE MAY DIRECT ANOTHER AGENCY'S CONTRACTOR TO OBTAIN THE SERVICES OF A PARTICULAR SUBCONTRACTOR. NO EPA EMPLOYEE MAY AUTHORIZE ANOTHER AGENCY'S CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THE TASK ORDER, INCREASE THE ESTIMATED COST OF THE TASK,OR ALTER THE CONTRACTOR'S PERIOD OF PERFORMANCE http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661f004bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG.. Page 8 of 12 If you have any questions, please call Gary Katz, Director, Grants Administration Division on 260-5240. Attachment 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MAY 11 1994 MEMORANDUM SUBJECT: Availability of IAG Funds FROM: Scott McMoran /s/, Chief Grants Information and Analysis Branch TO: Steve Pressman, Chief Office of General Counsel Grants Branch In our opinion, current guidance in the Compendium of Procedures is fuzzy. We, with assistance from the Cincinnati Financial Management Office, have drafted the following set of principles based on our understanding of the relevant statutory provisions and appropriations law guidance. Funds transferred for expenses such as salaries and benefits', and travel which cite the Economy Act for authority. Appropriations law is clearthe funds expire when the parent appropriation expires. (31 USC 1535 (d) ). This would be true even if the IAG was for a project which was not completed during the availability -period (Compendium of Procedures, Chapter 1, paragraph 7.g.) . Funds transferred for expenses such as salaries, benefits, and travel and which cite CERCLA or the cooperation provisions of EPAIs program statutes for authority are obligated when the IAG is fully executed (signed by both agencies) . The funds are available to the receiving agency for obligation and expenditure until they are expended or the project ends (Compendium of Procedures, Chapter 2, paragraph III.c.l. ) . Funds transferred for use under a contract and which cite the Economy Act for authority are obligated when the IAG is fully executed. However, the receiving agency must obligate the funds to the contract before the period of availability of the source appropriation ends. Then, the funds are available for expenditure until the project is completed - or the contract ends, whichever is first (Compendium of Procedures Chapter 2 paragraph III.c.1.). Funds transferred for use under a contract or grant and which cite as authority CERCLA or the cooperation provisions of EPA's statutes are obligated when the IAG is fully executed. The funds are available until the project is completed, or the contract/grant ends http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661f004bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 9 of 12 (Compendium of Procedures, Chapter 2, paragraph III.c.l. ) . If we can agree on these principles, or a reasonable facsimile, we can add the appropriate information to each IAG so that the program offices and other agencies will be aware of how we will treat the funds. If you concur, please sign the block below. Please call Scott McMoran on 260-4392 if you have questions. Concur: /s/ 4/26/94 Steve Pressman, OGC ATTACHMENT 4 EPA'S INTERAGENCY AGREEMENT AUTHORITIES ECONOMY ACT The Economy Act should be cited for the authority under which an IAG is to be awarded only if all the following statements are true The IAG involves one agency "providing goods or services" to another agency. That is, the performing agency has no need for the goods and services and would not have bought the goods or done the work but for the request of the funding agency. The amount of the IAG equals the total estimated cost of the goods and services including all direct and indirect costs. (Indirect costs may be included only if the providing agency has an indirect cost rate at this time, EPA does not. ) None of the funds will be used for a grant or cooperative agreement. The performing agency will be able to perform the service or obligate the funds within the period of fund availability. If the performing agency will be using a contractor to carry out the work, it is necessary only that the contract or task order be awarded within the period of availability. The approving official has determined that the requested services cannot be provided as conveniently or cheaply by a commercial enterprise. (This determination is not necessary if the performing agency will use a contractor to provide the goods or services. ) If EPA is obtaining goods or services through another agency's contract, one of the criteria below must be met~ The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency; or http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661fD04bc9ad?OpenDocumen 3/27/00 ------- Appendix T - Interagency.Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 10 of 12 The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within EPA; or The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies. COOPERATION AUTHORITIES One or more of EPA's cooperation authorities listed below, depending on the statute involved, should be cited for authority when the project is a joint effort of the involved agencies and the proposed activity is authorized by an EPA statute. Some agencies may not be familiar with alternatives to the Economy Act and may be uncomfortable relying on EPA's cooperation authorities for an interagency transaction. EPA's Office of General Counsel grants staff believes EPA's cooperation authority is sufficient authority for both agencies to enter into a funds transfer agreement, and OGC should be contacted if another agency raises the issue. This is especially important if the project conflicts with any of the statutory restrictions of the Economy Act explained above. Cooperation authorities should be cited as the basis for lAGs if the following statements are generally true The project is directly related to the needs and interests of both agencies. The statement of work, project description, or decision memorandum should explain both (all) agencies' interest in the work. Both or several agencies are committing resources to the project, whether in the form of salaries, equipment, travel contract services, or grant funds. The work is consistent with the language of one or more of EPA's cooperation authorities. If any of the funds will be used for a grant or cooperative agreement provided both the following conditions exist. (I) The relationship between the recipient and the funding agency must be one of assistance. For a funds-in agreement the funding package must include a statement from the EPA project officer that the principle purpose of the work is to support or stimulate the recipient to accomplish a public purpose and not for the direct use and benefit of the Federal government. For a funds-out agreement, the funding package must include a similar statement from the other agency's project officer. (II) Both agencies must have adequate authority to award the grant or cooperative http://dchqdominol.wsm.epa.gov:987.../07036d79322174£28525661fD04bc9ad?OperiDocumen 3/27/00 ------- Appendix T - Interagency Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 11 of 12 agreement. The decision memo should assure that each agency has appropriate grant making authorities. Current EPA cooperation authorities include Clean Water Act, Section 104(b) (2) Clean Air Act, Section 103(b) (2) Clean Air Act, Section 102(b) RCRA, Section 8001 RCRA, Section 6003 TSCA, Section 10 and Section 26 (latterfunds put only) FIFRA, Section 17(d), Section 20 , and Section 22 CERCLA, Section 105(4) and Section 115 read together with Executive Order 12316 Marine Protection,, Research, and Sanctuaries Act, Section 203 The Safe Drinking Water Act, Section 1450(b), (funds out for services. The National Environmental Education Act, Section 4(b) (3). OTHER AUTHORITIES Many other agencies have alternative IAG authorities similar to EPA's cooperation authorities. This does not generally present a problem and EPA can accept the other agency's citation as authority for the agreement (e.g., Section 5112 (e) of the Information Technology Management Reform Act of 1996, with respect to lAGs for computer services with GSA) . In such situations, you should contact OGC or GAD as soon as you are aware of such circumstances (You should also contact OGC if the other agency has cited the Economy Act and any restrictions of that Act identified above pose a problem) . INTERNATIONAL AUTHORITIES Authority for international lAGs with other federal agencies is usually either the Economy Act or EPA's cooperation authorities,-supplemented by Section 102(2) (F) of the National Environmental Policy Act. In the case of funds-in interagency agreements with the Agency for International Development, the authority may be Section 632(a) or 632(b)of the Foreign Assistance Act (22 U.S.C. 2392). There are significant differences between the two- contact OGC. Funds-in agreements with the Department of State are often authorized by Section 8 of the http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661fD04bc9ad?OpenDocumen 3/27/00 ------- Appendix T Interagency Agreement Decision Memorandum Guidance, Pre-award IAG .. Page 12 of 12 DOS Basic Authorities Act (22 U.S.C 2675). Authority for funds-in agreements with most foreign governments or authorized international organizations (not technically lAGs, but using the IAG form) is Section 607 of the Foreign Assistance Act (22 U.S.C. 2357). In the case of Taiwan, however, agreements usually cite the Taiwan Relations Act (22 U.S.C. 3308). For assistance in detennining the appropriate authority for international agreements, contact OGC. ^Interagency Agreement Form 1610-1 f J G Document ID Number: Signer: Signature Date: Revision Date: Category: Interagency Agreement Documents This attachment is the Interagency Agreement Form 1610-1 as a WordPerfect document. It is best to detach or save this file and work on your drive in WordPerfect. Project Officer's IAG Invoice Approval - EPA Form 2550-21 is available in PDF format on the Agency's forms page at: http://intranet.epa.gov/nmip/forms/2550-21.pdf http://dchqdominol.wsm.epa.gov:987.../07036d79322174f28525661fD04bc9ad?OpenDocumen 3/27/00 ------- Appendix J ------- FEDERAL ACQUISITION REGULATION PART 17SPECIAL CONTRACTING METHODS Sec. 17.000 Scope of part Subpart 17.1Multi-year Contracting 17.101 Authority. 17.102 Applicability. 17.103 Definitions. 17.104 General. 17.105 Policy. 17.105-1 Uses. 17.105-2 Objectives. 17.106 Procedures. 17.106-1 General. 17.106-2 Solicitations. 17.106-3 Special procedures applicable to DoD, NASA, and the Coast Guard. 17.107 Options. 17.108 Congressional notification. 17.109 Contract clauses. Subpart 17.2Options 17.200 Scope of subpart 17.201 Definition. 17.202 Use of options. 17.203 Solicitations. 17.204 Contracts. 17.205 Documentation. 17.206 Evaluation. 17.207 Exercise of options. 17.208 Solicitation provisions and contract clauses. Subpart 17.3[Reserved] Snbpart 17.4Leader Company Contracting 17.401 General. 17.402 Limitations. 17.403 Procedures. *** Subpart 17.5Interagency Acquisitions Under the Economy Act 17.500 Scope of subpart 17.501 Definition. 17.502 General. 17.503 Determinations and findings requirements. 17.504 Ordering procedures. 17.505 Payment Subpart 17.6Management and Operating Contracts 17.600 Scope of subpart. 17.601 Definition. 17.602 Policy. 17.603 Limitations. 17.604 Identifying management and operating contracts. 17.605 Award, renewal, and extension. 17.000 Scope of part This part prescribes policies and procedures for the acquisition of supplies and services through special con- tracting methods, including (a) Multi-year contracting; (b) Options; and (c) Leader company contracting. Subpart 17.1Multi-year Contracting 17.101 Authority. This subpart implements Section 3046 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) and 10 U.S.C. 2306b and provides policy and procedures for the use of multi-year contracting. 17.102 Applicability. For DoD, NASA, and the Coast Guard, the authorities cited in 17.101 do not apply to contracts for the purchase of supplies to which 40 U.S.C. 759 applies (information resource management supply contracts). 17.103 Definitions. As used in this subpart "Cancellation" means the cancellation (within a contrac- tually specified time) of the total requirements of all remaining program years. Cancellation results when the contracting officer (a) Notifies the contractor of nonavailability of funds for contract performance for any subsequent program year; or (b) Fails to notify the contractor that funds are available for performance of the succeeding program year require- ment. "Cancellation ceiling" means the maximum cancellation charge that the contractor can receive in the event of can- cellation. "Cancellation charge" means the amount of unrecovered costs which would have been recouped through amortiza- tion over the full term of the contract, including the term canceled. "Multi-year contract" means a contract for the purchase of supplies or services for more than 1, but not more than 5, program years. A multi-year contract may provide that per- formance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds, and (if it does so provide) may pro- vide for a cancellation payment to be made to the contractor if appropriations are not made. The key distinguishing dif- ference between multi-year contracts and multiple year contracts is that multi-year contracts, defined in the statutes cited at 17.101, buy more than 1 year's requirement (of a 17-1 ------- 17.104 FEDERAL ACQUISITION REGULATION product or service) without establishing and having to exer- cise an option for each program year after the first. "Nonrecurring costs" means those costs which are gen- erally incurred on a one-time basis and include such costs as plant or equipment relocation, plant rearrangement, special tooling and special test equipment, preproduction engineer- ing, initial spoilage and rework, and specialized work force training. "Recurring costs" means costs that vary with the quantity being produced, such as labor and materials. 'Termination for convenience" means the procedure which may apply to any Government contract, including multi-year contracts. As contrasted with cancellation, ter- mination can be effected at any time during the life of the contract (cancellation is effected between fiscal years) and can be for the total quantity or a partial quantity (whereas cancellation must be for all subsequent fiscal years' quanti- ties). 17.104 General. (a) Multi-year contracting is a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to 5 years unless otherwise authorized by statute, even though the total funds ultimately to be obligated may not be available at the time of contract award. This method may be used in sealed bidding or contracting by negotiation. (b) Multi-year contracting is a flexible contracting method applicable to a wide range of acquisitions. The extent to which cancellation terms are used in multi-year contracts will depend on the unique circumstances of each contracting action. Accordingly, for multi-year contracts, the agency head may authorize modification of the require- ments of this subpart and the clause at 52.217-2, Cancellation Under Multi-year Contracts. (c) Agency funding of multi-year contracts shall con- form to the policies in OMB Circulars A-11 (Preparation and Submission of Budget Estimates) and A-34 (Instructions on Budget Execution) and other appb'cable guidance regarding the funding of multi-year contracts. As provided by that guidance, the funds obligated for multi- year contracts must be sufficient to cover any potential cancellation and/or termination costs; and multi-year con- tracts for the acquisition of fixed assets should be fully funded or funded in stages that are economically or pro- grammatically viable. 17.105 Policy. 17.105-1 Uses. (a) Except for DoD, NASA, and the Coast Guard, the contracting officer may enter into a multi-year contract if the head of the contracting activity determines that (1) The need for the supplies or services is reasonably firm and continuing over the period of the contract; and (2) A multi-year contract will serve the best interests of the United States by encouraging full and open competi- tion or promoting economy in administration, performance, and operation of the agency's programs. (b) For DoD, NASA, and the Coast Guard, the head of the agency may enter into a multi-year contract for supplies if (1) The use of such a contract will result in substan- tial savings of the total estimated costs of carrying out the program through annual contracts; (2) The minimum need to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities; (3) There is a stable design for the supplies to be acquired, and the technical risks associated with such sup- plies are not excessive; (4) There is a reasonable expectation that, throughout the contemplated contract period, the head of the agency will request funding for the contract at a level to avoid con- tract cancellation; and (5) The estimates of both the cost of the contract and the cost avoidance through the use of a multi-year contract are realistic. (c) The multi-year contracting method may be used for the acquisition of supplies or services. (d) If funds are not appropriated to support the succeed- ing years' requirements, the agency must cancel the contract. 17.105-2 Objectives. Use of multi-year contracting is, encouraged to take advantage of one or more of the following: (a) Lower costs. (b) Enhancement of standardization. (c) Reduction of administrative burden in the placement and administration of contracts. (d) Substantial continuity of production or performance, thus avoiding annual startup costs, preproduction testing costs, make-ready expenses, and phaseout costs. (e) Stabilization of contractor work forces. (f) Avoidance of the need for establishing quality control techniques and procedures for a new contractor each year. (g) Broadening the competitive base with opportunity for participation by firms not otherwise willing or able to compete for lesser quantities, particularly in cases involving high startup costs. (h) Providing incentives to contractors to improve pro- ductivity through investment in capital facilities, equipment, and advanced technology. 17-2 ------- FAC 9702 OCTOBER 10,1997 PART 17SPECIAL CONTRACTING METHODS 17.106-2 17.106 Procedures. 17.106-1 General. (a) Method of contracting. The nature of the requirement should govern the selection of the method of contracting, since the multi-year procedure is compatible with sealed bidding, including two-step sealed bidding, and negotiation. (b) Type of contract. Given the longer performance period associated with multi-year acquisition, consideration in pricing fixed-priced contracts should be given to the use of economic price adjustment terms and profit objectives commensurate with contractor risk and financing arrange- ments. (c) Cancellation procedures. (1) All program years except the first are subject to cancellation. For each pro- gram year subject to cancellation, the contracting officer shall establish a cancellation ceiling. Ceilings must exclude amounts for requirements included in prior program years. The contracting officer shall reduce the cancellation ceiling for each program year in direct proportion to the remaining requirements subject to cancellation. For example, consider that the total nonrecurring costs (see 15.408, Table 15-2, Formats for Submission of Line Items Summaries C(8)) are estimated at 10 percent of the total multi-year price, and the percentages for each of the program year requirements for 5 years are (i) 30 in the first year, (ii) 30 in the second, (iii) 20 in the third, (iv) 10 in the fourth, and (v) 10 in the fifth. The cancellation percentages, after deducting 3 percent for the first program year, would be 7, 4, 2, and 1 percent of the total price applicable to the second, third, fourth, and fifth program years, respectively. (2) In determining cancellation ceilings, the contract- ing officer must estimate reasonable preproduction or startup, labor learning, and other nonrecurring costs to be incurred by an "average" prime contractor or subcontractor, which would be applicable to, and which normally would be amortized over, the items or services to be furnished under the multi-year requirements. Nonrecurring costs include such costs, where applicable, as plant or equipment reloca- tion or rearrangement, special tooling and special test equipment, preproduction engineering, initial rework, initial spoilage, pilot runs, allocable portions of the costs of facili- ties to be acquired or established for the conduct of the work, costs incurred for the assembly, training, and trans- portation to and from the job site of a specialized work force, and unrealized labor learning. They shall not include any costs of labor or materials, or other expenses (except as indicated above), which might be incurred for performance of subsequent program year requirements. The total esti- mate of the above costs must then be compared with the best estimate of the contract cost to arrive at a reasonable per- centage or dollar figure. To perform this calculation, the contracting officer should obtain in-house engineering cost estimates identifying the detailed recurring and nonrecur- ring costs, and the effect of labor learning. (3) The contracting officer shall establish cancellation dates for each program year's requirements regarding pro- duction lead time and the date by which funding for these requirements can reasonably, be established. The contract- ing officer shall include these dates in the schedule, as appropriate. (d) Cancellation ceilings. Cancellation ceilings and dates may be revised after issuing the solicitation if neces- sary. In sealed bidding, the contracting officer shall change the ceiling by amending the solicitation before bid opening. In two-step sealed bidding, discussions conducted during the first step may indicate the need for revised ceilings and dates which may be incorporated in step two. In a negoti- ated acquisition, negotiations with offerers may provide information requiring a change in cancellation ceilings and dates before final negotiation and contract award. (e) Payment of cancellation charges. If cancellation occurs, the Government's liability will be determined by the terms of the applicable contract. (f) Presolicitation orpre-bid conferences. To ensure that all interested sources of supply are thoroughly aware of ^-ow multi-year contracting is accomplished, use of presolicita- tion or pre-bid conferences may be advisable. (g) Payment limit. The contracting officer shall limit the Government's payment obligation to an amount available for contract performance. The contracting officer shall insert the amount for the first program year in the contract upon award and modify it for successive program years upon availability of funds. (h) Termination payment. If the contract is terminated for the convenience of the Government in whole, including requirements subject to cancellation, the Government's obligation shall not exceed the amount specified in the Schedule as available for contract performance, plus the cancellation ceiling. 17.106-2 Solicitations. Solicitations for multi-year contracts shall reflect all the factors to be considered for evaluation, specifically includ- ing the following: (a) The requirements, by item of supply or service, for the (1) First program year; and (2) Multi-year contract including the requirements for each program year. (b) Criteria for comparing the lowest evaluated submis- sion on the first program year requirements to the lowest evaluated submission on the multi-year requirements. (c) A provision that, if the Government determines before award that only the first program year requirements 17-3 ------- 17.106-3 FEDERAL ACQUISITION REGULATION are needed, the Government's evaluation of the price or esti- mated cost and fee shall consider only the first year. (d) A provision specifying a separate cancellation ceiling (on a percentage or dollar basis) and dates applicable to each program year subject to a cancellation (see 17.106-1 (c) and (d)). (e) A statement that award will not be made on less than the first program year requirements. (f) The Government's administrative costs of annual con- tracting may be used as a factor in the evaluation only if they can be reasonably established and are stated in the solicitation. (g) The cancellation ceiling shall not be an evaluation factor. 17.106-3 Special procedures applicable to DoD, NASA, and the Coast Guard. (a) Participation by subcontractors, suppliers, and ven- dors. In order to broaden the defense industrial base, to the maximum extent practicable (1) Multi-year contracting shall be used in such a manner as to seek, retain, and promote the use under such contracts of companies that are subcontractors, suppliers, and vendors; and (2) Upon accrual of any payment or other benefit under such a multi-year contract to any subcontractor, sup- plier, or vendor company participating in such contract, such payment or benefit shall be delivered to such company in the most expeditious manner practicable. (b) Protection of existing authority. To the extent practi- cable, multi-year contracting shall not be carried out in a manner to preclude or curtail the existing ability of the Department or agency to provide for termination of a prime contract, the performance of which is deficient with respect to cost, quality, or schedule. (c) Cancellation or termination for insufficient funding. In the event funds are not made available for the continua- tion of a multi-year contract awarded using the procedures in this section, the contract shall be canceled or terminated. (d) Contracts awarded under the multi-year procedure shall be firm-fixed-price, fixed-price with economic price adjustment, or fixed-price incentive. (e) Recurring costs in cancellation ceiling. The inclu- sion of recurring costs in cancellation ceilings is an exception to normal contract financing arrangements and requires approval by the agency head. (f) Annual and multi-year proposals. Obtaining both annual and multi-year offers provides reduced lead time for making an annual award in the event that the multi-year award is not in the Government's interest. Obtaining both also provides a basis for the computation of savings and other benefits. However, the preparation and evaluation of dual offers may increase administrative costs and workload for both offerers and the Government, especially for large or complex acquisitions. The head of a contracting activity may authorize the use of a solicitation requesting only multi-year prices, provided it is found that such a solicita- tion is in the Government's interest, and that dual proposals are not necessary to meet the objectives in 17.105-2. (g) Level unit prices. Multi-year contract procedures provide for the amortization of certain costs over the entire contract quantity resulting in identical (level) unit prices (except when the economic price adjustment terms apply) for all items or services under the multi-year contract. If level unit pricing is not in the Government's interest, the head of a contracting activity may approve the use of vari- able unit prices, provided that for competitive proposals there is a valid method of evaluation. 17.107 Options. Benefits may accrue by including options in a multi-year contract. In that event, contracting officers must follow the requirements of Subpart 17.2. Options should not include charges for plant and equipment already amortized, or other nonrecurring charges which were included in the basic con- tract. 17.108 Congressional notification. (a) Except for DoD, NASA, and the Coast Guard, a multi-year contract which includes a cancellation ceiling in excess of $10 million may not be awarded until the head of the agency gives written notification of the proposed con- tract and of the proposed cancellation ceiling for that contract to the committees on appropriations of the House of Representatives and Senate and the appropriate oversight committees of the House and Senate for the agency in ques- tion. Information on such committees may not be readily available to contracting officers. Accordingly, agencies should provide such information through its internal regula- tions. The contract may not be awarded until the thirty-first day after the date of notification. (b) For DoD, NASA, and the Coast Guard, a multi-year contract which includes a cancellation ceiling in excess of $100 million may not be awarded until the head of the agency gives written notification of the proposed contract and of the proposed cancellation ceiling for that contract to the committees on armed services and appropriations of the House of Representatives and Senate. The contract may not be awarded until the thirty-first day after the date of notifi- cation. 17.109 Contract clauses. (a) The contracting officer shall insert the clause at 52.217-2, Cancellation Under Multi-year Contracts, in solicitations and contracts when a multi-year contract is contemplated. 17-4 (FAC 97-02) ------- PART 17SPECIAL CONTRACTING METHODS 17.203 (b) Economic price adjustment clauses. Economic price adjustment clauses are adaptable to multi-year contracting needs. When the period of production is likely to warrant a labor and material costs contingency in the contract price, the contracting officer should normally use an economic price adjustment clause (see 16.203). When contracting for services, the contracting officer (1) Shall add the clause at 52.222-43, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Multiple Year and Option Contracts), when the contract includes the clause at 52.222-41, Service Contract Act of 1965, as amended; (2) May modify the clause at 52.222-43 in overseas contracts when laws, regulations, or international agree- ments require contractors to pay higher wage rates; or (3) May use an economic price adjustment clause authorized by 16.203, when potential fluctuations require coverage and are not included in cost contingencies pro- vided for by the clause at 52.222-43. Subpart 17.2Options 17.200 Scope of subparL This subpart prescribes policies and procedures for the use of option solicitation provisions and contract clauses. Except as provided in agency regulations, this subpart does not apply to contracts for (a) services involving the con- struction, alteration, or repair (including dredging, excavating, and painting) of buildings, bridges, roads, or other kinds of real property; (b) architect-engineer services; and (c) research and development services. However, it does not preclude the use of options in those contracts. 17201 Definition. "Option" means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract. 17202 Use of options. (a) Subject to the limitations of paragraphs (b) and (c) of this section, for both sealed bidding and contracting by negotiation, the contracting officer may include options in contracts when it is in the Government's interest. When using sealed bidding, the contracting officer shall make a written determination that there is a reasonable likelihood that the options will be exercised before including the pro- vision at 52.217-5, Evaluation of Options, in the solicitation. (See 17.207(f) with regard to the exercise of options.) (b) Inclusion of an option is normally not in the Government's interest when, in the judgment of the con- tracting officer (1) The foreseeable requirements involve (i) Minimum economic quantities (Le., quantities large enough to permit the recovery of startup costs and the production of the required supplies at a reasonable price); and (ii) Delivery requirements far enough into the future to permit competitive acquisition, production, and delivery. (2) An indefinite quantity or requirements contract would be more appropriate than a contract with options. However, this does not preclude the use of an indefinite quantity contract or requirements contract with options. (c) The contracting officer shall not employ options if (1) The contractor will incur undue risks; e.g., the price or availability of necessary materials or labor is not reasonably foreseeable; (2) Market prices for the supplies or services involved are likely to change substantially; or (3) The option represents known firm requirements for which funds are available unless (i) The basic quantity is a learning or testing quan- tity; and (ii) Competition for the option is impracticable once the initial contract is awarded. (d) In recognition of (1) The Government's need in certain service con- tracts for continuity of operations; and (2) The potential cost of disrupted support, options may be included in service contracts if there is an antici- pated need for a similar service beyond the first contract period. 17203 Solicitations. (a) Solicitations shall include appropriate option provi- sions and clauses when resulting contracts will provide for the exercise of options (see 17.208). (b) Solicitations containing option provisions shall state the basis of evaluation, either exclusive or inclusive of the option and, when appropriate, shall inform offerers that it is anticipated that the Government may exercise the option at time of award. (c) Solicitations normally should allow option quantities to be offered without limitation as to price, and there shall be no limitation as to price if the option quantity is to be considered in the evaluation for award (see 17.206). (d) Solicitations that allow the offer of options at unit prices which differ from the unit prices for the basic require- ment shall state that offerers may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. (e) If it is anticipated that the Government may exercise an option at the time of award and if the condition specified in paragraph (d) above applies, solicitations shall specify (FAC 95-15) 17-5 ------- FAC 97-15 FEBRUARY 25,2000 17.204 FEDERALACQUISITION REGULATION the price at which the Government will evaluate the option (highest option price offered or option price for specified requirements). (f) Solicitations may, in unusual circumstances, require that options be offered at prices no higher than those for the initial requirement; e.g., when (1) The option cannot be evaluated under 17.206; or, (2) Future competition for the option is impracticable. (g) Solicitations that require the offering of an option at prices no higher than those for the initial requirement shall (1) Specify that the Government will accept an offer containing an option price higher than the base price only if the acceptance does not prejudice any other offerer, and (2) Limit option quantities for additional supplies to not more than 50 percent of the initial quantity of the same contract line item. In unusual circumstances, an authorized person at a level above the contracting officer may approve a greater percentage of quantity. (h) Include the value of options in determining if the acquisition will exceed the Trade Agreements Act and North American Free Trade Agreement thresholds. 17.204 Contracts. (a) The contract shall specify limits on the purchase of additional supplies or services, or the overall duration of the term of the contract including any extension. (b) The contract shall state the period within which the option may be exercised. (c) The period shall be set so as to provide the contractor adequate lead time to ensure continuous production. (d) The period may extend beyond the contract comple- tion date for service contracts. This is necessary for situations when exercise of the option would result in the obligation of funds that are not available in the fiscal year in which the contract would otherwise be completed. (e) Unless otherwise approved in accordance with agency procedures, the total of the basic and option periods shall not exceed 5 years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies. These limi- tations do not apply to information technology contracts. However, statutes applicable to various classes of contracts, for example, the Service Contract Act (see 22.1002-1), may place additional restrictions on the length of contracts. (f) Contracts may express options for increased quanti- ties of supplies or services in terms of (1) Percentage of specific line items, (2) Increase in specific line items; or (3) Additional numbered line items identified as the option. (g) Contracts may express extensions of the term of the contract as an amended completion date or as additional time for performance; e.g., days, weeks, or months. 17.205 Documentation. (a) The contracting officer shall justify in writing the quantities or the term under option, the notification period for exercising the option, and any limitation on option price under 17.203(g); and shall include the justification docu- ment in the contract file. (b) Any justifications and approvals and any determina- tion and findings required by Pan 6 shall specify both the basic requirement and the increase permitted by the option. 17.206 Evaluation. (a) In awarding the basic contract, the contracting officer shall, except as provided in paragraph (b) of this section, evaluate offers for any option quantities or periods con- tained in a solicitation when it has been determined prior to soliciting offers that the Government is likely to exercise the options. (See 17.208.) (b) The contracting officer need not evaluate offers for any option quantities when it is determined that evaluation would not be in the best interests of the Government and this determination is approved at a level above the contract- ing officer. An example of a circumstance that may support a determination not to evaluate offers for option quantities is when there is a reasonable certainty that funds will be unavailable to permit exercise of the option. 17.207 Exercise of options. (a) When exercising an option, the contracting officer shall provide written notice to the contractor within the time period specified in the contract. (b) When the contract provides for. economic price adjustment and the contractor requests a revision of the price, the contracting officer shall determine the effect of the adjustment on prices under the option before the option is exercised. (c) The contracting officer may exercise options only after determining that (1) Funds are available; (2) The requirement covered by the option fulfills an existing Government need; (3) The exercise of the option is the most advanta- geous method of fulfilling the Government's need, price and other factors (see paragraphs (d) and (e) of this section) con- sidered; and (4) The option was synopsized in accordance with Part 5 unless exempted by 5.202(a)(l 1) or other appropriate exemptions in 5.202. 17-6 ------- FAC 97-14 NOVEMBER 23,1999 PART 17SPECIAL CONTRACTING METHODS 17.208 (d) The contracting officer, after considering price and other factors, shall make the determination on the basis of one of the following: (1) Anew solicitation fails to produce a better price or a more advantageous offer than that offered by the option. If it is anticipated that the best price available is the option price or that this is the more advantageous offer, the con- tracting officer should not use this method of testing the market (2) An informal analysis of prices or an examination of the market indicates that the option price is better than prices available in the market or that the option is the more advantageous offer. (3) The time between the award of the contract con- taining the option and the exercise of the option is so short that it indicates the option price is the lowest price obtain- able or the more advantageous offer. The contracting officer shall take into consideration such factors as market stability and comparison of the time since award with the usual dura- tion of contracts for such supplies or services. (e) The determination of other factors under (c)(3) of this section should take into account the Government's need for continuity of operations and potential costs of disrupting operations. (f) Before exercising an option, the contracting officer shall make a written determination for the contract file that exercise is in accordance with the terms of the option, the requirements of this section, and Part 6. To satisfy require- ments of Part 6 regarding full and open competition, the option must have been evaluated as part of the initial com- petition and be exercisable at an amount specified in or reasonably determinable from the terms of the basic con- tract, e.g. (1) A specific dollar amount; (2) An amount to be determined by applying provi- sions (or a formula) provided in the basic contract, but not including renegotiation of the price for work in a fixed-price type contract; (3) In the case of a cost-type contract, if (i) The option contains a fixed or maximum fee; or (ii) The fixed or maximum fee amount is deter- minable by applying a formula contained in the basic contract (but see 16.102(c)); (4) A specific price that is subject to an economic price adjustment provision; or (5) A specific price that is subject to change as the result of changes to prevailing labor rates provided by the Secretary- of Labor. (g) The contract modification or other written document which notifies the contractor of the exercise of the option shall cite the option clause as authority. 17.208 Solicitation provisions and contract clauses. (a) Insert a provision substantially the same as the provi- j sion at 52.217-3, Evaluation Exclusive of Options, in solicitations when the solicitation includes an option clause and does not include one of the provisions prescribed in paragraph (b) or (c) of this section. (b) Insert a provision substantially the same as the provi- J sion at 52.217-4, Evaluation of Options Exercised at Time of Contract Award, in solicitations when the solicitation includes an option clause, the contracting officer has deter- mined that there is a reasonable likelihood that the option will be exercised, and the option may be exercised at the time of contract award. (c) Insert a provision substantially the same as the provi- | sion at 52.217-5, Evaluation of Options, in solicitations when (1) The solicitation contains an option clause; (2) An option is not to be exercised at the time of con- tract award; (3) A firm-fixed-price contract, a fixed-price contract with economic price adjustment, or other type of contract approved under agency procedures is contemplated; and (4) The contracting officer has determined that there is a reasonable likelihood that the option will be exercised. For sealed bids, the determination shall be in writing. (d) Insert a clause substantially the same as the clause at ] 52.217-6, Option for Increased Quantity, in solicitations and contracts, other than those for services, when the inclusion of an option is appropriate (see 17.200 and 17.202) and the option quantity is expressed as a percentage of the basic contract quantity or as an additional quantity of a specific line item. (e) Insert a clause substantially the same as the clause at | 52.217-7, Option for Increased QuantitySeparately Priced Line Item, in solicitations and contracts, other than those for services, when the inclusion of an option is appro- priate (see 17.200 and 17.202) and the option quantity is identified as a separately priced line item having the same nomenclature as a corresponding basic contract line item. (0 Insert a clause substantially the same as the clause at | 52.217-8, Option to Extend Services, in solicitations and contracts for services when the inclusion of an option is appropriate. (See 17.200,17.202, and37.111.) (g) Insert a clause substantially the same as the clause at 52.217-9, Option to Extend the Term of the Contract, in solicitations and contracts when the inclusion of an option is appropriate (see 17.200 and 17.202) and it is necessary to include in the contract any or all of the following: (1) A requirement that the Government must give the contractor a preliminary written notice of its intent to extend the contract. (2) A statement that an extension of the contract includes an extension of the option. 17-7 ------- FAC 97-14 NOVEMBER 23,1999 17.401 FEDERALACQUIS1TION REGULATION (3) A specified limitation on the total duration of the contract Subpart 17 3[Reserved] Subpart 17.4Leader Company Contracting 17.401 General. Leader company contracting is an extraordinary acquisi- tion technique that is limited to special circumstances and utilized only when its use is in accordance with agency pro- cedures. A developer or sole producer of a product or system is designated under this acquisition technique to be the leader company, and to furnish assistance and know- how under an approved contract to one or more designated follower companies, so they can become a source of supply. The objectives of this technique are one or more of the fol- lowing: (a) Reduce delivery time. (b) Achieve geographic dispersion of suppliers. (c) Maximize the use of scarce tooling or special equip- ment. (d) Achieve economies in production. (e) Ensure uniformity and reliability in equipment, com- patibility or standardization of components, and interchangeability of parts. (f) Eliminate problems in the use of proprietary data that cannot be resolved by more satisfactory solutions. (g) Facilitate the transition from development to produc- tion and to subsequent competitive acquisition of end items or major components. 17.402 Limitations. (a) Leader company contracting is to be used only when (1) The leader company has the necessary production know-how and is able to furnish required assistance to the followers); (2) No other source can meet the Government's requirements without the assistance of a leader company; (3) The assistance required of the leader company is limited to that which is essential to enable the followers) to produce the items; and (4) Its use is authorized in accordance with agency procedures. (b) When leader company contracting is used, the Government shall reserve the right to approve subcontracts between the leader company and the followers). 17.403 Procedures. (a) The contracting officer may award a prime contract to (1) Leader company, obligating it to subcontract a designated portion of the required end items to a specified follower company and to assist it to produce the required end items; (2) Leader company, for the required assistance to a follower company, and a prime contract to the follower for production of the items; or (3) Follower company, obligating it to subcontract with a designated leader company for the required assis- tance. (b) The contracting officer shall ensure that any contract awarded under this arrangement contains a firm agreement regarding disclosure, if any, of contractor trade secrets, technical designs or concepts, and specific data, or software, of a proprietary nature. Subpart 17.5Interagency Acquisitions Under the Economy Act 17.500 Scope of subpart. (a) This subpart prescribes policies and procedures applicable to interagency acquisitions under the Economy Act (31 U.S.C. 1535). The Economy Act also provides authority for placement of orders between major organiza- tional units within an agency; procedures for such intra-agency transactions are addressed in agency regula- tions. (b) The Economy Act applies when more specific statu- tory authority does not exist. Examples of interagency acquisitions to which the Economy Act does not apply include acquisitions from required sources of supplies pre- scribed in Part 8, which have separate statutory authority. 17.501 Definition. Interagency acquisition means a procedure by which an agency needing supplies or services (the requesting agency) obtains them from another agency (the servicing agency). 17.502 General. (a) The Economy Act authorizes agencies to enter into mutual agreements to obtain supplies or services by inter- agency acquisition. (b) The Economy Act may not be used by an agency to circumvent conditions and limitations imposed on the use of funds. (c) Acquisitions under the Economy Act are not exempt from the requirements of Subpart 7.3, Contractor Versus Government Performance. (d) The Economy Act may not be used to make acquisi- tions conflicting with any other agency's authority or responsibility (for example, that of the Administrator of General Services under the Federal Property and Administrative Services Act). 17-8 ------- PART 17SPECIAL CONTRACTING METHODS 17.505 17.503 Determinations and findings requirements. (a) Each Economy Act order shall be supported by a Determination and Finding (D&F). The D&F shall state that (1) Use of an interagency acquisition is in the best interest of the Government; and (2) The supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source. (b) If the Economy Act order requires contracting action by the servicing agency, the D&F shall also include a state- ment that at least one of the following circumstances is applicable (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or ser- vices; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies. (c) The D&F shall be approved by a contracting officer of the requesting agency with authority to contract for the supplies or services to be ordered, or by another official des- ignated by the agency head, except that, if the servicing agency is not covered by the Federal Acquisition Regulation, approval of the D&F may not be delegated below the senior procurement executive of the requesting agency. 17.504 Ordering procedures. (a) Before placing an Economy Act order for supplies or services with another Government agency, the requesting agency shall make the D&F required in 17.503. The ser- vicing agency may require a copy of the D&F to be furnished with the order. (b) The order may be placed on any form or document that is acceptable to both agencies. The order should include (1) A description of the supplies or services required; (2) Delivery requirements; (3) A funds citation; (4) A payment provision (see 17.505); and (5) Acquisition authority as may be appropriate (see 17.504(d)). (c) The requesting and servicing agencies should agree to procedures for the resolution of disagreements that may arise under interagency acquisitions, including, in appropri- ate circumstances, the use of a third-party forum. If a third party is proposed, consent of the third party should be obtained in writing. (d) When an interagency acquisition requires the servic- ing agency to award a contract, the following procedures also apply: (1) If a justification and approval or a D&F (other than the requesting agency's D&F required in 17.503) is required by law or regulation, the servicing agency shall execute and issue the justification and approval or D&F. The requesting agency shall furnish the servicing agency any information needed to make the justification and approval or D&F. (2) The requesting agency shall also be responsible for furnishing other assistance that may be necessary, such as providing information or special contract terms needed to comply with any condition or limitation applicable to the funds of the requesting agency. (3) The servicing agency is responsible for compli- ance with all other legal or regulatory requirements applicable to the contract, including (i) having adequate statutory authority for the contractual action, and (ii) com- plying fully with the competition requirements of Part 6 (see 6.002). However, if the servicing agency is not subject to the Federal Acquisition Regulation, the requesting agency shall verify that contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges (for example, provisions man- dated for FAR agencies by Pan 31), and that adequate contract administration will be provided. (e) Nonsponsoring Federal agencies may use a Federally Funded Research and Development Center (FFRDC) only if the terms of the FFRDC's sponsoring agreement permit work from other than a sponsoring agency. Work placed with the FFRDC is subject to the acceptance by the sponsor and must fall within the purpose, mission, general scope of effort, or special competency of the FFRDC. (See 35.017; see also 6.302 for procedures to follow where using other than full and open competition.) The nonsponsoring agency shall provide to the sponsoring agency necessary documen- tation that the requested work would not place the FFRDC in direct competition with domestic private industry. 17.505 Payment (a) The servicing agency may ask the requesting agency, in writing, for advance payment for all or part of the esti- mated cost of furnishing the supplies or services. Adjustment on the basis of actual costs shall be made as agreed to by the agencies. (b) If approved by the servicing agency, payment for actual costs may be made by the requesting agency after the supplies or services have been furnished. 17-9 ------- 17.600 FEDERAL ACQUISITION REGULATION (c) Bills rendered or requests for advance payment shall not be subject to audit or certification in advance of pay- ment. (d) If the Economy Act order requires use of a contract by the servicing agency, then in no event shall the servicing agency require, or the requiring agency pay, any fee or charge in excess of the actual cost (or estimated cost if the actual cost is not known) of entering into and administering the contract or other agreement under which the order is filled. Subpart 17.6Management and Operating Contracts 17.600 Scope of subpart. This subpart prescribes policies and procedures for man- agement and operating contracts for the Department of Energy and any other agency having requisite statutory authority. 17.601 Definition. "Management and operating contract" means an agree- ment under which the Government contracts for the operation, maintenance, or support, on its behalf, of a Government-owned or -controlled research, development, special production, or testing establishment wholly or prin- cipally devoted to one or more major programs of the contracting Federal agency. 17.602 Policy. (a) Heads of agencies, with requisite statutory author- ity,may determine in writing to authorize contracting officers to enter into or renew any management and operat- ing contract in accordance with the agency's statutory authority, or the Competition in Contracting Act of 1984, and the agency's regulations governing such contracts. This authority shall not be delegated. Every contract so autho- rized shall show its authorization upon its face. (b) Agencies may authorize management and operating contracts only in a manner consistent with the guidance of this subpart and only if they are consistent with the situa- tions described in 17.604. (c) 'Within 2 years of the effective date of this regulation, agencies shall review their current contractual arrangements in the light of the guidance of this subpart, in order to (1) Identify, modify as necessary, and authorize man- agement and operating contracts; and (2) Modify as necessary or terminate contracts not so identified and authorized, except mat any contract with less than 4 years remaining as of the effective date of this regu- lation need not be terminated, nor need it be identified, modified, or authorized unless it is renewed or its terms are substantially renegotiated. 17.603 Limitations. (a) Management and operating contracts shall not be authorized for (1) Functions involving the direction, supervision, or control of Government personnel, except for supervision incidental to training; (2) Functions involving the exercise of police or reg- ulatory powers in the name of the Government, other than guard or plant protection services; (3) Functions of determining basic Government poli- cies; (4) Day-to-day staff or management functions of die agency or of any of its elements; or (5) Functions that can more properly be accomplished in accordance with Subpart 45.3, Providing Government Property to Contractors. (b) Since issuance of an authorization under 17.602(a) is deemed sufficient proof of compliance with paragraph (a) immediately above, nothing in paragraph (a) immediately above shall affect the validity or legality of such an autho- rization. 17.604 Identifying management and operating contracts. A management and operating contract is characterized both by its purpose (see 17.601) and by the special relation- ship it creates between Government and contractor. The following criteria can generally be applied in identifying management and operating contracts: (a) Government-owned or -controlled facilities must be utilized; for instance (1) In the interest of national defense or mobilization readiness; (2) To perform the agency's mission adequately; or (3) Because private enterprise is unable or unwilling to use its own facilities for the work. (b) Because of the nature of the work, or because it is to be performed in Government facilities, the Government must maintain a special, close relationship with the contrac- tor and the contractor's personnel in various important areas (e.g., safety, security, cost control, site conditions). (c) The conduct of the work is wholly or at least sub- stantially separate from the contractor's other business, if any. (d) The work is closely related to the agency's mission and is of a long-term or continuing nature, and there is a need (1) To ensure its continuity; and (2) For special protection covering the orderly transi- tion of personnel and work in the event of a change in contractors. 17-10 ------- PART 17SPECIAL CONTRACTING METHODS 17.605 17.605 Award, renewal, and extension. (a) Effective work performance under management and operating contracts usually involves high levels of expertise and continuity of operations and personnel. Because of pro- gram requirements and the unusual (sometimes unique) nature of the work performed under management and oper- ating contracts, the Government is often limited in its ability to effect competition or to replace a contractor. Therefore contracting officers should take extraordinary steps before award to assure themselves that the prospective contractor's technical and managerial capacity are sufficient, that orga- nizational conflicts of interest are adequately covered, and that the contract will grant the Government broad and con- tinuing rights to involve itself, if necessary, in technical and managerial decisionmaking concerning performance. (b) The contracting officer shall review each manage- ment and operating contract, following agency procedures, at appropriate intervals and at least once every 5 years. The review should determine whether meaningful improvement in performance or cost might reasonably be achieved. Any extension or renewal of an operating and management con- tract must be authorized at a level within the agency no lower than the level at which the original contract was authorized in accordance with 17.602(a). (c) Replacement of an incumbent contractor is usually based largely upon expectation of meaningful improvement in performance or cost. Therefore, when reviewing contrac- tor performance, contracting officers should consider (1) The incumbent contractor's overall performance, including, specifically, technical, administrative, and cost performance; (2) The potential impact of a change in contractors on program needs, including safety, national defense, and mobilization considerations; and (3) Whether it is likely that qualified offerers will compete for the contract. 17-11 ------- Appendix K ------- Legal Opinion Regarding the Use of Interagency Agreements Page 1 of 7 gal Opinion Regarding the Use of Interagency Agreements Document ID Number: Signer: Kenneth R. Pakula Signature Date: 07/29/97 Revision Date: Category: Interagency Agreement Documents MEMORANDUM SUBJECT: Legal Opinion Regarding the Use of Interagency Agreements FROM: Kenneth R Pakula Procurement Practice Group Finance and Operations Law Office THRU: Howard F. Corcoran Deputy Associate General Counsel Finance and Operations Law Office TO: Beth Craig Director Office of Grants and Debarment By memorandum dated July 29, 1997 you requested a legal opinion regarding the use of interagency agreements (LAGs) to obtain the services of other agencies' contractors. The following responds, in corresponding order, to the specific questions raised in your memorandum. I. Economy Act lAGs Question No. 1: What are the legal restrictions relating to the extent that EPA can access another Agency's contractor to obtain goods and services under the Economy Act? Has the Reinvention Initiative or any other recent ruling eased or eliminated restrictions in this area? Answer: Inter-agency ordering is authorized by the Economy Act, 31 U.S.C. § 1535, which provides: (a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the'same agency or another agency for goods or services if - (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States .Government; (3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise. http://dchqdominol.wsm.q>a.gov:'987..^bp5b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Interagency Agreements Page 2 of 7 In section 1074 of the Federal Acquisition Streamlining Act of 1994, P.L. 103-355 (FASA), Congress mandated that regulations be promulgated to control the use of Economy Act LAGs for contracting. Specifically, section 1074(b) of FASA required that the Federal Acquisition Regulation (FAR) be revised to: (1) require that each purchase described in subsection (a) [of § 1074] be approved in advance by a contracting officer of the ordering agency with authority to contract for the goods or services to be purchased or by another official in a position specifically designated by regulation to approve such a purchase; (2) provide that such a purchase of goods or services may be made only if (A) the purchase is appropriately made under a contract that the agency filling the purchase order entered into, before the purchase order, in order to meet the requirements of such agency for the same or similar goods or services; (B) the agency filling the purchase order is better qualified to enter into or administer the contract for such goods or services by reason of capabilities or expertise that is not available within the ordering agency; or (C) the agency or unit filling the order is specifically authorized by law or regulations to purchase such goods or services on behalf of other agencies; (3) prohibit any such purchase under a contract or other agreement entered into or administered by an agency not covered by the provisions of chapter 137 of title 10, United States Code, or title HI of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and not covered by the Federal Acquisition Regulation unless the purchase is approved in advance by the senior procurement official responsible for purchasing by the ordering agency; and (4) prohibit any payment to the agency filling a purchase order of any fee that exceeds the actual cost or, if the actual cost is not known, the estimated cost of entering into and administering the contract or other agreement under which the order is filled. FAR Subpart 17.5 was amended to implement section 1074 of FASA. See Federal Acquisition Circular 90-33 (60 Fed. Reg. 49706, Sept. 26, 1995). FAR § 17.503, entitled "Determinations and Findings requirements", provides: (a) Each Economy Act order shall be supported by a Determination and Finding (D&F). The D&F shall state that (1) Use of an interagency acquisition is in the best interest of the Government; and (2) The supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source. (b) If the Economy Act order requires contracting action by the servicing agency, the D&F shall also include a statement that at least one of the following circumstances is applicable- (1) The acquisition will appropriately be made under an existing contract of the servicing agency, entered into before placement of the order, to meet the requirements of the servicing agency for the same or similar supplies or services; (2) The servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or http://dchqdominol.wsm.epa.gov:987.../bb05b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Interagency Agreements Page 3 of 7 (3) The servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies. (c) The D&F shall be approved by a contracting officer of the requesting agency with authority to contract for the supplies or services to be ordered, or by another official designated by the agency head In light of the above, if EPA seeks to access another agency's contractor pursuant to an Economy Act LAG, it may do so only in accordance with the requirements of the Act, 31 U.S.C. § 1535, and the related procedures in FAR § 17.503 (including a determination that the LAG would be in the Government's best interest). You have also asked whether the Reinvention Initiative has eased restrictions for Economy Act LAGs. In regard to procurement reform, Vice President Gore summarized his reinvention agenda as follows: (1) move from rigid rules to guiding principles; (2) get bureaucracy out of the way; (3) give managers more authority and accountability; (4) give line managers expanded access to competitive sources of supply; and (5) foster competition, commercial practices, and excellence in vendor performance. Government response to the reinvention agenda has resulted in significant changes in the acquisition arena. These changes have been largely implemented through the passage of the Federal Acquisition Reform Act of 1996 (FARA) and the Information Technology Management Reform Act of 1996 (ITMRA), now jointly known as the Clinger-Cohen Act. Although the Clinger-Cohen Act has fostered the development of a streamlined acquisition process, it has not eased or eliminated the restrictions imposed by FAS A § 1074(b). Thus, while it may now be less burdensome and time consuming for agencies to procure goods or services, the ability of one agency to access another agency's contractor pursuant to an Economy Act LAG is still subject to the requirements of §1074(b). Question No. 2: If an EPA Program Office needs goods or services and there is no EPA contract in place to provide them, can the EPA Program Office procure the goods or services under another Agency's contract by setting up an Economy Act LAG with that Agency? If legal, what conditions must be met to do so? If appropriate, please also discuss the use of Government Wide Acquisition Contracts (and any other contracts that may fall under the Economy Act). Answer: If an EPA program office requires goods or services and there is no EPA contract in place to provide the requisite services, a program office may legally obtain the services in accordance with an Economy Act LAG provided that the.requirements of 15 U.S.C. § 1535 are met and the procedures in FAR Subpart 17.5. are followed. In regard to the requirements of 15 U.S.C. § 1535, the legislative history of this provision indicates that Congress intended that one agency use this authority to purchase services from another to effect "substantial economies" in proper cases. 67 Comp. Gen. 254 at 258 citing H. R. Rep. No. 1126, 72nd Cong., 1st Sess. 15. Such a situation exists where services can be "furnished by another department at less cost or more conveniently than the department ordering the services." Id. In ascertaining whether one agency's determination to use an LAG to access another agency's contract is permissible, i.e., less costly or more convenient than if provided by a commercial enterprise, the Comptroller General examines whether the ordering agency had a reasonable basis for such a determination. See for e.g., Liebert Corporation, 70 Comp. Gen 448 at 454 (1991), 91-1 CPD ^ 413, wherein GAO, in addressing a protest of the Federal Aviation Administration's (FAA's) use of an Air Force contract, stated: The protester argues that under the Economy Act, the FAA could not reasonably determine that its requirements could not 'be provided by contract as conveniently or cheaply by a commercial enterprise.' In support of this contention, the protester has submitted copies of recent Federal Supply Schedule contracts to demonstrate that prices for [uninterruptable power systems] are far more competitive than at the time of the original Air Force competition. At the time of the original wsmeoa.gov:987.../bb05b7ee5d4i609c852567a7b03c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Interagency Agreements Page 4 of 7 competition, 18 months prior to the execution of the interagency agreement, [the protester's] prices were less than half of the prices submitted by its competitors including [the parent corporation of the Air Force's contractor]. In making its determination [to access the Air Force contract through an IAG], the FAA considered the results'of t^is competition and relied upon engineering estimates provided by its technical personnel. While prices now may be more competitive, nothing in this record establishes that the agency was un reasonable in concluding that [the Air Force contract] was likely to be cheaper and more convenient than a separate agreement. [Emphasis added]. The protester in Liebert also argued that the FAA expressed a concern with "avoiding the risks associated with a separate procurement,"rwhich the protester considered to be an improper basis for entering into an interagency agreement. In response, GAO stated that: "[s]o long as the agency makes the appropriate determination supported by reasonable findings of fact, there is nothing wrong with the agency's consideration of administrative convenience or procurement risks. Id. at note 5 citing generally, National Gateway Telecom, Inc. v. Aldridge, 701 F. Supp. 1104 at 1111 (D.N.J. 1988). In light of the above, EPA's use of an Economy Act LAG to access another agency's contract will be upheld by the Comptroller General or a reviewing court if the procedures of FAR Subpart 17.5 are followed, and the Agency has a reasonable basis for concluding under the Economy Act that use of the LAG will be cheaper or more convenient than an EPA contract. In response to your query regarding the use of Government-wide Acquisition Contracts or GWACs, note that they are indefinite delivery /indefinite quantity (LDIQ) contracts for various information technology resources negotiated, awarded, and administered by one particular agency but available to other Federal agencies for purchases. Although an LAG is not required when accessing a GWAC, an ordering agency should ensure that the requisite documentation exists to ensure an appropriate funding obligation. Note also that each GWAC has its own particular rules and conditions. Accordingly, each GWAC should be consulted for details. See FAR § 8.001 regarding order of precedence for ordering from Government supply sources (GWACS fall behind the Federal schedule program). Question No. 3: Aside from FAS A, which mandates that our Director of Acquisition Management or designee sign off on all Economy Act lAGs that will obtain goods or services under other agencies' contracts, are there other Federal procurement or appropriation laws or related regulations which add requirements which we must adhere to in these areas? Answer: Generally speaking, an agency that is acquiring goods or services from another agency pursuant to an Economy Act LAG, is not required to "look behind" the servicing agency's procurement to ensure that it was conducted in accordance with all applicable procurement laws and regulations. This issue is succinctly addressed in FAR § 17.504(d)(3): The servicing agency is responsible for compliance with all other legal or regulatory requirements applicable to the contract, including (i) having adequate statutory authority for the contractual action, and (ii) complying fully with the competition requirements of Part 6 (see 6.002). However, if the servicing agency is not subject to the Federal Acquisition Regulation, the requesting agency shall verify that contracts utilized to meet its requirements contain provisions protecting the Government from inappropriate charges... and that adequate contract administration will be provided. Thus, if the servicing agency is subject to the FAR, its procurements must be conducted under the legal requirements applicable to all Federal procurements. These requirements include the Federal Property and Administrative Services Act of 1949, the Competition in Contracting Act (CICA) FASA, FARA, and the FAR. If the servicing agency is not subject to the FAR, it is incumbent' upon the requesting agency to ensure that the Government is protected from inappropriate charges and that adequate contract administration will be provided by the servicing agency. http://dchqdominol.wsm.epa.gov:987.../bb05b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Iriteragency Agreements Page 5 of 7 Question No. 4: If EPA has a contract in place to procure particular goods or services, can an EPA Program Office employ an IAG to access another Agency's contract to provide the good or service? If so, what additional requirements must be met, if any. Would this be a violation of the Competition in Contracting Act? Answer: In accordance with FAR § 17.503, prior to placing an order with another agency pursuant to an LAG, the ordering agency must first make a D&F that the use of an LAG is in the best interest of the Government and the supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source. Economy Act orders requiring contract action by the performing agency must also include a statement that: (1) the acquisition will appropriately be made under an existing contract of the performing agency, entered into before placement of the order, to meet the requirements of the performing agency for the same or similar services; (2) the performing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) the performing agency is specifically authorized by law or regulation to purchase supplies or services on behalf of other agencies. Assuming that an existing EPA contract is readily available and/or that the price of goods or services under such a contract is reasonable, it will be difficult for the Agency in many cases to provide an adequate justification for accessing another agency's contract pursuant to an Economy Act LAG. There may, however, be limited circumstances where the requisite D&F could be made. For example, EPA might have a contract in place that is about to expire but all of the necessary work under the contract has not yet been accomplished. If the Agency still needs the services to be performed but does not have the time, money, or personnel to conduct a full-fledged procurement, it may be reasonable to acquire the services from another, agency's contract under an Economy Act LAG. Similarly, there might be a scenario where EPA already has a contract in place for services, has met the minimum ordering requirements of the contract, but finds that the same services may be obtained at a cheaper price by accessing another agency's contract pursuant to an Economy Act LAG. In such a situation, if the Agency would realize cost and time savings in this manner (taking into account any necessary termination costs), there may be adequate support for the requisite D&F. D&Fs are very fact specific and must be addressed on a case-by-case basis. Moreover, the focus of a D&F should be a reasonableness determination addressing convenience or economic factors and not the desire for a particular contractor to provide the necessary goods or services. If the requisite D&Fs could be made in a particular situation, CICA would not be violated. CICA generally requires that, in conducting a procurement for property or services, the head of the agency obtain full and open competition through the use of competitive procedures unless otherwise expressly authorized by statute. 41 U.S.C. § 253(a). The Economy Act provides for such a procedure. Liebert Corporation, 70 Comp. Gen. 448 (1991), 91-1 CPD K 413, citing National Gateway Telecom,Jnc. v, Aldridge, 701 F. Supp. 1104, 1113 (D.NJ. 1988) (interpreting the identical provision in 10 U.S.C. § 2304(a)(l)). Question No. 5: Certain goods and services are obtained through other agencies' contracts under lAGs which cite neither the Economy Act nor EPA cooperation authorities. Instead, we cite specific legislation allowing other agencies to provide the goods or services on a Government-wide basis. Among these are the Information Technology Management [Reform] Act under which the President has authorized GSA to provide information management services to other agencies. Are these LAGs subject to the requirements of the Economy Act? Answer: As noted previously, TTMRA provides for three types of IT multiagency contracts. For multiagency contracts issued by agencies pursuant to § 5124(a)(2) of ITMRA, the requirements and limitations of the Economy Act apply. For multiagency contracts issued by agencies pursuant to §§ 5124(a)(3) and 5112(e) of ITMRA, however, the requirements and limitations of the Economy Act do not apply. Note that ITMRA § 5112(e) specifically authorizes the Director of OMB to designate http://dchqdominol.wsm.epa.gov:987.../bb05b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Interagency Agreements Page 6 of 7 one or more heads of executive agencies'"as executive agent for Government-wide acquisitions of information technology (for GWACs).The head of GSA has been designated as such. We have consulted with GSA's Office of General Counsel and have been advised that the proper authority supporting an agency's acquisition of IT resources from GSA's Government-wide IT resources is ITMRA. Question No. 6: Many lAGs are based on the authority of CERCLA and Executive Order 12580. Are these lAGs subject to the requirements of the Economy Act? Answer: No. EPA's longstanding position has been that §§ 105 (a)(4) and 115 of CERCLA, as amended, in conjunction with related.Executive Orders (currently EO 12580) implementing the Superfund program, provide authority for the Agency to enter into LAGs with other agencies to carry-out Superfund responsibilities. See EPA Interagency Agreement Policy and Procedures Compendium (1988). n. Cooperation Authority LAGs Question No. 1: As stated above, many LAGs cite EPA cooperation provisions for authority. These LAGs are used when projects involve mutual interests and joint efforts of the agencies. In general, are there legal restrictions relating to the-extent that EPA program offices may work with other agencies to carry out joint projects? We riave required that the project involve a joint interest, but do not always require the other agency to invest its funds in the project. Answer: Although EPA may enter into jointly beneficial projects with other agencies under which services will be procured by contract (See B-176209), there are legal restrictions applicable to such arrangements. These restrictions were addressed in Gary Katz's September 30, 1996 memorandum entitled "Interagency Agreement Decision Memorandum Guidance, Pre-award LAG Activities, and Subcontractor Selection" and related attachments. If a cooperation authority is cited as the basis for an LAG, both agencies (or several agencies) must commit resources to the project, whether in the form of salaries, equipment, travel, contract services, or grant funds, i.e., the other agency does not have to invest actual funds in the project but must invest some resource. Current EPA cooperation authorities include: Clean Water Act, § 104(b)(2); Clean Water Act § 518(e); Clean Water Act § 501(b)(funds out only); Clean Air Act § 103(b)(2); Clean Air Act § 102 (b); RCRA § 8001; RCRA § 6003; TSCA §§ 10 and 26 (latter-- funds out only); FIFRA, §§ 17 (d), 20, and 22; Marine Protection, Research and Sanctuaries Act § 203; Safe Drinking Water Act, § 1450(b) (funds out for services); and the National Environmental Education Act, § 4(b)(3) and 4 Question No. 2: Is there any legal requirement that cooperation LAGs be approved by the Director of Acquisition Management or similar official? Answer: No. Question No. 3: Are there other Federal procurement or appropriation laws or related regulations which we must adhere to in this area? ' Answer: The Federal Grant and Cooperative Agreement Act, 31 U.S.C. 6301 et seq., which governs when an executive agency must use an assistance agreement versus a procurement contract, must be complied with. In addition, if EPA is to provide contract services pursuant to a Cooperation Authority LAG, when obtaining the contract, it must comply with all applicable procurement laws and regulations, f.'e., CICA, FARA, FASA, the FAR, etc http://dchqdominol.wsm.epa.gov:987.../bb05b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Legal Opinion Regarding the Use of Interagency Agreements Page 7 of 7 If you have any questions or comments regarding the above, please feel free to call Steve Pressman on 260-7725 or Ken Pakula on 564-4706. Attachment cc: Betty Bailey Al Pesachowitz Ray Spears Scott McMoran Steve Pressman Tom Darner Tom Doherty http://dchqdominol.wsm.epa.gov:987.../bb05b7ee5d41609c852567a7003c6890?OpenDocumen 3/27/00 ------- Appendix L ------- Direct Payment to Contractors under lAGs Page 1 of 6 Direct Payment to Contractors under lAGs Document ID Number: Signer: Howard F. Corcoran Signature Date: 02/07/2000 Revision Date: Category: Interagency Agreement Documents February 7, 2000 MEMORANDUM SUBJECT: Direct Payment to Contractors under Interagency Agreements FROM: Howard F. Corcoran /s/ Deputy Associate General Counsel Finance and Operations Law Office TO: Bruce Feldman Acting Director Grants Administration Division (3903R) I. QUESTION: Your office asked whether EPA has the legal authority to directly pay a servicing agency's contractor ("direct cite" payment process) pursuant to an interagency agreement (IAG). H. ANSWER: We are aware of no express legal prohibition against the use of direct cite payment. However, the process increases the risk that the Agency would be held to be in privity of contract with a servicing agency's contractor and thus, potentially liable for contract- related costs and/or claims. To minimize that risk, if the Agency elects as a policy matter to continue to use the process, appropriate safeguards should be included in the IAG and the servicing agency's contract. In addition, Agency staff should strictly limit their interaction with the servicing agency's contractor to those activities necessary to make direct payment. in. DISCUSSION: In accordance with the Economy Act, 31 U.S.C. § 1535, and its implementing regulations found in Subpart 17.505 of the Federal Acquisition Regulation (FAR), one agency may place an order with another agency for goods or services that the servicing agency may be in a position to supply or obtain by contract if certain conditions are met. The Economy http://dchqdorninol.wsm.epa.gov:9876.../6a97Q41bOc79eafl8525688f0053c032?OpenDocumen 3/27/00 ------- Direct Payment to Contractors under lAGs Page 2 of 6 Act, 15 U.S.C § 1535(a), provides that the head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government; (3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise. When lAGs include contract costs, the contractor usually bills the servicing agency with which it has a contract and the servicing agency then bills the requesting agency. See "Interagency Agreements: Off-Loading at EPA Headquarters." Office of Inspector General, March 31, 1995, Audit Report No. ElFMG4-13-0061-5400051,page 18. For certain lAGs with the U.S. Army Corps of Engineers (USAGE) and the U.S. Army National Guard, however, EPA has been directly paying the servicing agency's contractor. This is the so-called "direct cite" payment process. This payment process has raised concerns within EPA's Office of Inspector General that EPA is paying contractors with whom it has no contractual relationship and that this method of payment could establish privity of contract, or the appearance of privity, with those contractors thereby making EPA directly liable for other unanticipated costs. The term "privity of contract" has been defined as "that connection or relationship which exists between two or more contracting parties." Blacks Law Dictionary (5th ed. 1983). According to your office's March 14, 1997 memorandum, until 1991, the USAGE carried out lAGs with EPA for Superfund work by paying its contractors from USAGE appropriations and then obtaining reimbursement from EPA. USAGE auditors, however, concluded that this process risked an Antideficiency Act violation and was thus, inappropriate. USAGE subsequently altered its payment process so that it did riot pay its contractors until payment was received from EPA. This reimbursement process, however, resulted in many late payments and the accrual of Prompt Payment Act interest, which subsequently was reimbursed by EPA: Consequently, EPA and USAGE agreed to implement the direct cite payment system to avoid the accrual of interest. EPA considered, but ultimately rejected, paying USACEJn advance because it took funds out of the Trust Fund at an earlier date and thus reduced the amount of interest the funds would earn. Under the direct cite system, USAGE contractors submit invoices to USAGE project managers for approval and USAGE sends the approved contractor bills to EPA's Cincinnati Financial Management Center (CFMC). CFMC then makes payment directly to USACE's contractors rather than to USAGE. An agency may only obligate funds when there is documentary evidence of the obligation, in most cases a binding agreement. Under 31 U.S.C. 1501(a)(l), "a binding agreement http://dchqdominol.wsm.epa.gov:9876.../6a97041bOc79eafl8525688f0053c032?OpenDocumen 3/27/00 ------- Direct Payment to Contractors under lAGs Page 3 of 6 between an agency and another person (including an agency)" must be in writing, in a form and for a purpose authorized by law, and be executed before the end of the period of availability for obligation of the appropriation. Here, the lAGs executed between EPA and USAGE meet the requirements for a binding agreement. Section 1501(a)(l) is silent as to whom payment of obligated funds may be made and therefore does not prohibit the direct cite payment method. With regard specifically to lAGs, neither the Economy Act, 15 U.S.C. § 1535, nor FAR § 17.505 (Interagency Acquisitions under the Economy Act-Payment), contains language that expressly prohibits a requesting agency from directly paying a servicing agency's contractor. Moreover, case law indicates that the mere existence of an IAG which allows a servicing agency's contractor to perform a service for the ultimate benefit of a requesting agency does not, in and of itself, create a contractual relationship between the requesting agency and the servicing agency's contractor. For example, a 1986 Comptroller General's opinion, 65 Comp. Gen. 795, clearly stated that there is no privity between a requesting agency and a servicing agency's contractor. In that case, the Federal Emergency Management Agency (FEMA) and the General Services Administration (GSA) sought an opinion from the Comptroller General regarding which agency was liable for late payment interest penalties owed to a private contractor under the Prompt Payment Act. The contract under which these interest penalties were incurred was entered into by GSA on behalf of FEMA, pursuant to an IAG between the two agencies. In determining that GSA was responsible for paying the late fees to the contractor, the Comptroller General stated the following: There is ... no 'privity' between FEMA and the GSA contractor. In other words, the contractor lacks any basis on which to press a claim against FEMA because it has no contractual relationship with FEMA. Id., at 796, citing cf., 63 Comp.Gen at 340. FEMA did, however, have to reimburse GSA for the late fees because it.had agreed in the IAG to pay GSA for all "business expenses". A similar situation, although one not involving an IAG, arose in a case where the Treasury Department was late in paying a Department of Commerce voucher to a contractor and thus, caused the Department of Commerce to subsequently lose a prompt payment discount. When the contractor eventually received payment, it concluded that a discount had been improperly taken and charged back the discount on another invoice. See 63 Comp. Gen. 338. In a dispute over which party had to pay the "charged back" discount, the Comptroller General held that the contractor could only recover from the Government agency with which it had a contractual relationship, i.e., the Department of Commerce. While the existence of an IAG with the USAGE does not, in and of itself, establish privity of contract between EPA and the USAGE'S contractor, we believe that the direct cite payment process increases the risk of privity being found under an agency theory. Even in the absence of an express contract between parties, privity of contract can still be established under a number of contract theories, including an implied-in-fact contract http://dchqdominol.wsm.epa.gov:9876.../6a97041bOc79eafl8525688f0053c032?OpenDocumen 3/27/00 ------- Direct Payment to Contractors under lAGs -Page 4 of 6 theory, a third-party beneficiary theory, or an agency theory. In this particular case, an agency theory would be the most credible argument for the servicing contractor. Under that theory, one could argue that USAGE is merely acting as an agent of EPA, that EPA is the real party to the contract, and, as such, contractually bound to the USACE's servicing contractor, and that, consequently, EPA is liable for any contract-related costs and/or claims. EPA can minimize the risk of privity being found by directing the involved Agency staff to strictly limit their interaction with the servicing agency's contractor to those activities necessary to make direct payments. The Agency staff should have no other interaction with the contractor. EPA can also minimize the privity risk by ensuring that appropriate provisions are included in the IAG and appropriate clauses are included in the servicing agency's contract. Specifically, the IAG should expressly provide that USAGE is not acting as EPA's agent and should require that the servicing agency's contract (1) state that there is no contractual relationship and no privity between the contractor and EPA and (2) contain standard FAR clauses directing claims and potential disputes to the servicing agency's contracting officer. USAGE contracts generally contain standard FAR clauses 52.233-1 (Disputes) and 52-243-7 (Notification of Changes). These clauses clearly mandate that disputes or issues regarding changes (often the subject of disputes) must.be directed only to the USAGE Contracting Officer. For example, the Disputes Clause (FAR 52.233-1) states, in part: ... [A]ll disputes arising under or relating to this contract shall be resolved under this clause.... A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. The Notification of Changes Clause (FAR 52.243-7) reads, in part, as follows: (a) Definitions. 'Contracting Officer,' as used in this clause, does not include any representative of the Contracting Officer. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, promptly, within 30 calender days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. Note that the Changes Clause for cost-reimbursement contracts (FAR 52.243-2) states that"... [fjailure to agree to any adjustment [in the estimated cost of, or time required for performance of any part of the work under the contract] shall be a dispute under the Disputes clause." Thus, any failure to agree to a change related adjustment 'automatically falls within the parameters of the Disputes Clause, which mandates that all claims be submitted to the Contracting Officer - in the subject case, the USAGE Contracting Officer. http://dchqdominol.wsrn.epa.gov:9876.../6a97041bOc79eafl8525688f0053c032?OpenDocurnen 3/27/00 ------- Direct Tayment to Contractors under lAGs Page 5 of 6 The language contained in the above standard FAR clauses directs claims, disputes, and changes to the contracting officer responsible for the administration of the contract in which the clauses are contained; for our purposes, the contract between the servicing agency and its contractor. Thus, the contractor has no discretion regarding where to file a claim or direct a dispute. In addition, note that jurisdictional prerequisites for a claim filed in accordance with the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, include the submission of a written claim to the contracting officer and a written final decision by the contracting officer. Accordingly, it wbuld be very difficult for a contractor to file a successful claim with a board of contract appeals against a requesting agency (an agency with which it has no contractual relationship) because a contracting officer's decision would never be issued by the requesting agency. We have informally discussed the direct cite issue with the USAGE Office of Chief Counsel (USACE-OCC). USACE-OCC agrees with our assessment as to the apparent absence of a legal prohibition against the direct cite payment process. USACE-OCC added that the direct cite payment process is consistent with U.S. Army regulatory authority and considered a normal practice in the Department of Defense services. In fact, the Defense Finance and Accounting Service's own regulations indicate that direct cite payments are not only acceptable but preferred. See Defense Finance and Accounting Service, Indianapolis Center (DFAS-IN) Regulation 37-1, September 18, 1995, Chapter 12. Chapter 12 provides guidance on the procedures to be used by the U.S. Army/DFAS activities that perform work or sell property or services on a reimbursable basis within the Department of Defense or to other U.S. Government agencies. Chapter 12, § 12-6(b) , entitled "Accepting Orders" states that U.S. Army/DFAS activities are to "[p]erform work using the customer's funds (direct fund1 cite) and/or using the performer's funds with reimbursement by the Customer. Direct fund cite is preferred." IV. CONCLUSION: The direct cite payment process does not appear to be prohibited by law, but does increase the risk of a holding that EPA is in privity of contract with a servicing agency's contractor and thus, potentially liable for contract related costs and/or claims. Including appropriate clauses in the IAG and the servicing agency's contract, and restricting the interaction between EPA staff and the contractor, should minimize the risk of a finding of privity. If you have any questions or comments regarding the above, please feel free to contact me on 564-5424 or Steve Pressman on 564-5439. cc: Marty Monell, OGD (3901R) Scott McMoran, OGD (3903R). Betty Bailey, OAM (3801R) Ike Joiner, OSWER (5103) Larry Reed, OSWER (5201G) Mark Bialek, OIG (2410) Steve Alderton, OIG (2410) http://dchqdorninol.wsm.epa.gov:9876.../6a97041bOc79eafl8525688fD053c032?OpenDocumen 3/27/00 ------- Direct Payment to Contractors under lAGs Page 6 of 6 Geoff Cooper, OGC Ken Pakula, OGC http://dchqdominol.wsm.epa.gov:9876.../6a97041bOc79eafl8525688f0053c032?OpenDocumen 3/27/00 ------- Appendix M ------- CFMC RWIAG CONTACT LIST Fax Number: 513-487-2063 NAME PHONE NUMBER RESPONSIBILITY AREA REIMBURSABLE (RW) IAGS: Valarie Anderson 513-487-2082 FTTA/CRADAs, FFCA, Regional RW lAGs, HQ lAGs Connie Ely 513-487-2075 FEMA, Special Accounts, Misc. RWIAGs Carol Kirby (SEE Employee) 513-487-2038 Oil Spill lAGs Natalie Koch (OERR/CFMC) 513-487-2062 Oil Spill lAGs Molly Williams 513-487-2076 BRAC, HQ lAGs, Advance RW lAGs, IPAs ------- FINANCIAL GUIDANCE FOR REIMBURSABLE INTERAGENCY AGREEMENTS ------- 1. Responsibility The Cincinnati Financial Management Center(CFMC) is responsible for the oversight of financial requirements for Reimbursable Interagency Agreements (RW lAG's). RW lAG's are used when EPA receives money from a federal, state or local agency, or a foreign country for services rendered. 2. IAG Identification Number An IAG identification number is assigned to each agreement that is processed through a grants office. The IAG number is located in block 1 on the EPA Form 1610-1 (Exhibit 1). The following provides a description of the fields that are used to assign the identification number. IAG NO.: RW89937529-01-0 RW: = Reimbursable Agreement. 89: = Agency Number. Each federal agency is assigned a two digit agency identifier by the Dept. of Treasury. This number identifies the agency for which EPA is performing work. The number "89" in the example refers to Dept. of Energy. 93 = IAG processed by Headquarters Grants Office 94 = IAG processed by Region 1-5 Grants Office 95 = IAG processed by Region 6-10 Grants Office 7529= Number sequentially assigned by the grants office. 01 = Order of task related to IAG 0 = This number identifies the agreement as the original action if the number equal zero or an amendment for numbers 1-9 or alpha A-Z. 3. Reimbursable Authority EPA annually request the apportionment of reimbursable authority from the Office of Management and Budget (OMB). The dollars requested are obtained from information provided by each program office before the end of the current fiscal year based on unobligated balances from ongoing lAG's and anticipated LAG's for the new fiscal year. OMB usually approves EPA's request prior to October 1. ------- 4. Initiating the Interagency Agreement Initiation of a RWIAG should begin with the requesting agency contacting EPA to perform work. The requesting agency should provide EPA a written agreement and a funding document. The funding document will vary from agency to agency. For example, the Department of Defense (DOD) normally provides a Military Interdepartmental Purchase Request (MIPR) or a Project Order, the Department of Energy provides an Interagency Agreement (IA), and the Fish and Wildlife Service provides a Purchase Order (PO). These funding documents, which normally provides an identification number, are helpful when billing the agency for work performed. Also, if the funding document does not provide the type of funding; ex: 1 year, 2 year, no year, it is important to obtain this information. This is helpful to determine how long EPA has to use the funding. 5. Processing the Interagency Agreement After the initiation/negotiation of the interagency agreement, the completed package is forwarded to the appropriate grants office for final processing and acceptance. When the review is completed, executed copies of the agreement are distributed to the appropriate offices, i.e., program office, budget office, and CFMC. 6. Reimbursable Account Code Component During the grants specialist review of the package, CFMC is contacted to obtain a unique reimbursable account code component. The account code is assigned based on the information provided on the interagency agreement in Block 26 on the EPA Form 1610-1. This account code is critical to the interagency agreement and is the tracking mechanism for obligations and expenditure incurred to perform the work of the requesting agency. This code is entered on the final copy of the agreement. The account code component fields are as follows: Account Code Components: Site Name DCN FY Approp. Budget Org. Prg. El. Object Site Project Cost Org. Obligation 7. Issuing Authority Reimbursable authority must be issued for each IAG. Once the IAG is fully executed, the program office enters a reprogramming request in the Integrated Financial Management System (IFMS) by budget object class. The budget division reviews these request and weekly prepares a reimbursable analysis which includes each allowance holder/regional offices request for authority. When this analysis is reviewed and approved the reprogramming request are approved in IFMS ------- and the authority is then reflected in the appropriate operating plan. The budget division notifies CFMC that authority has been issued. CFMC then activates the account code in IFMS. 8. Spending Authority When the authority is received in the program office's operating plan, funding documents to perform work for the requesting agency can be executed. These funding documents may be a labor distribution time sheet, travel order, procurement request for a contract or a grant order. It is imperative that the reimbursable account code component assigned to the IAG be used on all funding documents. Reimbursable funding may only be used to perform work in accordance with the budget categories on the IAG. 9. Billing the Requesting Agency CFMC reviews all reimbursable lAG's obligations/expenditures recorded against the reimbursable account code to determine the amount to bill the requesting agency. A bill is issued when an amount is reflected as expended in IFMS. 10. Agency Locations Codes Agency location codes (ALC) assigned by Dept. of Treasury is essential information when billing the other agency. This number is used when a bill is submitted using the On Line Payment and Collection(OPAC) system. It is important to obtain this code if it is not provided on the information received from the requesting agency. 11. CFMC's Address and Contacts Mailing Address EPA Cincinnati Financial Management Center Cincinnati, OH 45268 Contacts: Connie Ely - 513-487-2075 Valarie Anderson - 513-487-2082 Natalie Koch -513-487-2062 Molly Williams - 513-487-2076 ------- Appendix N ------- FINANCIAL GUIDANCE FOR INTERAGENCY AGREEMENTS DISBURSEMENTS 1. RESPONSIBILITY The Cincinnati Financial Management Center (CFMC) is responsible for the oversight of financial requirements of all Interagency Agreements (lAG's). 2. TYPES OF AGREEMENTS Disbursement Interagency Agreements - A disbursement LAG is used when EPA pays money to another federal agency. 3. IAG IDENTIFICATION NUMBER The IAG identification number which is located in Block 1 of the EPA Form 1610-1 is a critical number in the financial process of LAG's. For clarification, the following is a breakdown of the number. EX: DW14 93.3537-01-0, DW14 94_3537-01-0, and DW14 95 3537-01-0. A brief description of each field is listed below: DW = Disbursement Agreement 14 = Agency Number. Each federal agency has a two digit identification number assigned by the Dept. of Treasury. This number will change for each LAG depending on which agency is performing services. 93 = IAG processed in Headquarters 94 = LAG processed in Regions 1-5 95 = LAG processed in Regions 6-10 3537 = This number is sequentially assigned by the Grants Office processing the agreement. (All LAGS are filed in the CFMC by these four digits) 01 = Order of task related to IAG 0 = Original agreement. This number changes sequentially as amendments are processed to the agreement. 1 ------- 3.a IAG NUMBERS RECORDED IN BFMS (EPA'S FINANCIAL SYSTEM) For HQ lAG's, the "93" is dropped from the number in Block 1 of the EPA Form 1610-1 because these two digits are standard for all HQ LAG's. IFMS will only allow ten digits to be used for an obligating number (i.e. obligating number will be DW 14 3537 01). For Regional lAG's, the "94" or "95" is used for the obligating number and the "01" at the end of the IAG number is dropped from the number in Block 1 of the EPA Form 1610-1 (i.e. obligating number will be DW 14 94 3537 or DW 14 95 3537). The obligating number is the number that is used by CFMC on any approval forms that are sent to the Project Officer. In most cases, the bill from the Other Agency will reference the complete IAG number and even though the IAG number on the approval form is different, theses two numbers are for the same IAG. 4. DISBURSEMENT TNTERAGENCY AGREEMENTS When the IAG is processed and fully executed (an agreement with all three required signatures), the appropriate Grants Office forwards a copy to CFMC. Upon receipt, CFMC logs in the IAG, verifies the committment, records the obligation, and establishes a file. After the agreement is fully executed, the Other Agency may begin billing EPA, 4.a. METHODS OF PAYMENTS There are three billing methods the Other Agency can use to receive funds from EPA. Reimbursement - When this method is used, the Other Agency requests reimbursement of actual costs. This bill must be submitted to CFMC for payment on a Standard Form 1080 or a Form in lieu of that, or through an electronic transfer of funds via the OP AC (On Line Payment and Collection) system. Advance - This method is available to Agencies who operate using a working capital fund or with an appropriate justification of need. Unexpended funds will be returned to EPA at completion of work. The Other Agency must submit an invoice to request advance payment. Quarterly cost reports must be forwarded to CFMC. The Project Officer may also request a copy of this report for their records. Allocation Transfer - Prior to choosing this method, CFMC should be contacted to insure that this is the proper financial arrangement for a particular agreement. Prior approval from the budget office is required before negotiating this type of payment. This method transfers EPA appropriated funds to another Federal Agency and delegates to that Agency a portion of EPA's obligation and spending authority for that appropriation. The Financial Reports and Analysis Branch, Financial Management Division is responsible for the financial aspects of this type of agreement. ------- 4.b. PROJECT OFFICER'S INTERAGENCY AGREEMENT INVOICE APPROVAL FORM-EPA 2550-21 When CFMC receives an invoice for payment, a Project Officer Interagency Agreement Invoice Approval Form, EPA Form 2550-21 is sent to the Project Officer (the exception would be Army COE Superfund site specific bills which fall under the guidelines established by the MOU between EPA and the Army COE). In addition to this form, a copy of the invoice and any additional documentation that is provided to CFMC is also sent. If the Project Officer requires specific information, the Project Officer needs to clarify the requirements during the LAG negotiation. stage. The Project Officer should be provided with enough information to determine if the costs are necessary and reasonable. The following is a brief description of each section of the EPAForm 2550-21: Project Officer and Address - Name and Address of the person listed in Block 9 of the EPA Form 1610-1 (This name can change as additional amendments are received) Servicing Finance Office - Address to which all approvals should be returned to Billing Agency - Name or abbreviation of the Agency submitting the payment request Bill Type: 1) J080 - This type of bill is used by Agencies requesting to be paid by EPA issuing a check (mostly used by Department of Defense Agencies). For all non DOD Agencies, DOD Agencies other than the Army COE, and Army COE non Superfund site specific LAG's, CFMC must receive an approved Project Officer LAG Invoice Approval Form from the Project Officer before processing the the bill for payment. For invoices received from the US Army COE which are for Superfund site specific LAG's, there is an MOU in place between EPA and the Army COE which requires EPA to pay these bills within 5 days of receipt. CFMC will also receive Contractor Pay Estimates (ENG93 or SF1034) from the Army COE for certain Superfund site specific LAG's. These pay estimates are paid according to the Prompt Pay standards based on the Army COE certification. CFMC will only send these bills (1080 or Pay Estimates) out to the EPA Project Officers for approval if the bill is for a period beyond the end of the Project Period or if the bill is marked "Final". CFMC must verify that these bills are certified by a representative of the Army COE (CFMC maintains a file of DD form 577 signature cards for Army COE personnel who may sign these bills as certifying officers). The Army COE is responsible for sending copies of these bills to the EPA Project Officers and to meet with them on a quarterly basis to review any possible billing discrepancies. For all 1080 bills and Contractor Pay Estimates, CFMC will submit these bills to be processed by generating a Treasury check (from the Department of Treasury office in Kansas City). ------- 2)OPAC - This type of payment is used to pay federal agencies other than DOD. When an OP AC charge is reflected against CFMC's Agency Location Code (ALC) 68-01-0727, the Treasury Department will automatically transfer funds to the requesting Agencies ALC. These charges would be recorded in a Cash Difference Liability Account by CFMC after they have been downloaded from the OP AC system. Each OP AC charge made by requesting ALC's is assigned a Schedule number (CFMC internal tracking identification number). CFMC would then process an accounting entry for each Schedule number which would reduce the Cash Difference Liability Account and disburse funds from the accounting information on the IAG number being referenced on the OP AC bill. A Project Officer LAG Invoice Approval form is then generated and sent to the Project Officer for approval or disapproval. Even though the performing Agency has received their collection of these bills, the EPA Project Officer is still required to review the bill and either approve or disapprove the charges in a timely manner. If the charges are disapproved, CFMC will initiate a chargeback (bill and collect the funds from the originating ALC) based on the Project Officers explanation of disapproval and then refund the money back to the account(s) on the IAG in question. In accordance with OP AC regulations, there is a three month time limitation from the original bill date to charge back the billing Agency for unauthorized charges. If the Project Officer does not receive supporting documentation for the charges being billed, they must first make an effort to get this information from the performing Agency. If these efforts fail, then the charges can be disapproved and charged back. Contact - Phone number of CFMC personnel to call for LAG related questions IAG Number - This is the IAG number as it is reflected in IFMS (EPA's Financial System). Invoice Number - For 1080 bills, this is the bill number on the bill. For OP AC bills, this is the Document Reference Number for the OP AC bill that is being paid. A copy of the invoice will always be attached to the approval form when it is sent to the Project Officer. Invoice Dale - For 1080 bills, this will indicate the date which the bill was received in CFMC. For OP AC bills, this will be the Accomplished Date from the OP AC printout indicating the date which the other Agency submitted their request to the OP AC system. Site Name - This would indicate which Superfund site is being charged. Invoice Amount - The amount of the invoice that the Other Agency has submitted Approval for Payment - This is where the Project Officer will mark whether an invoice is to be approved (partially or fully) or disapproved. If an invoice is to be partially approved with suspension, the Project Officer must indicate the amount to be approved and the amount to be disapproved. For any disapproved amounts, the Project Officer must fill in the Explanation of Suspension/Disapproval with enough information for CFMC to explain the disapproval to the Billing Agency. The Project Officer must also mark whether the invoice is for goods or services, or whether the invoice is for a progress payment. ------- Financial and Accounting Data - This should be completed whenever multiple funding is cited on the IAG. The Project Officer may indicate the amount to be paid from each account. This process also applies if payment should be distributed to multiple Superfund sites. If necessary, a sheet can be attached to the approval with this same information if there is not enough room on the approval form. Certification - This is where the Project Officer would sign the approval, date it, and provide their phone number for CFMC to call if there are any questions. Note: The Project Officer should make a copy of the signed approval and keep it for their records. The original copy of the approval should be returned to the CFMC. The copy of the bill that is sent to the Project Officer can be kept by the Project Officer for their records. The original copy of the bill will be maintained by the CFMC along with the original copy of the approval. 5. CFMC's Address and Contacts Mailing address: EPA, CFMC 26 W. Martin Luther King DR. M/S002 Cincinnati, Ohio 45268-7002 Contacts: JefFMarsala - 513-487-2056 Sandy Chapman - 513-487-2060 CFMC Fax number - 513-487-2063 ------- FINANCIAL GUIDANCE FOR INTERAGENCY AGREEMENTS DISBURSEMENTS 1. RESPONSIBILITY The Cincinnati Financial Management Center (CFMC) is responsible for the oversight of financial requirements of all Interagency Agreements (lAG's). 2. TYPES OF AGREEMENTS Disbursement Interagency Agreements - A disbursement IAG is used when EPA pays money to another federal agency. 3. IAG IDENTIFICATION NUMBER The IAG identification number which is located in Block 1 of the EPA Form 1610-1 is a critical number in the financial process of IAG's. For clarification, the following is a breakdown of the number. EX: DW14 93_3537-01-0, DW14 94.3537-01-0, and DW14 95 3537-01-0. Abrief description of each field is listed below: DW = Disbursement Agreement 14 = Agency Number. Each federal agency has a two digit identification number assigned by the Dept. of Treasury. This number will change for each IAG depending on which agency is performing services. 93 = IAG processed in Headquarters 94 = IAG processed in Regions 1-5 95 = IAG processed in Regions 6-10 3537 = This number is sequentially assigned by the Grants Office processing the agreement. (All IAGS are filed in the CFMC by these four digits) 01 = Order of task related to IAG 0 = Original agreement. This number changes sequentially as amendments are processed to the agreement. 1 ------- 3.a IAG NUMBERS RECORDED IN DFMS (EPA'S FINANCIAL SYSTEM) For HQ lAG's, the "93" is dropped from the number in Block 1 of the EPA Form 1610-1 because these two digits are standard for all HQ lAG's. IFMS will only allow ten digits to be used for an obligating number (i.e. obligating number will be DW 14 3537 01). For Regional lAG's, the "94" or "95" is used for the obligating number and the "01" at the end of the IAG number is dropped from the number in Block 1 of the EPA Form 1610-1 (i.e. obligating number will be DW 14 94 3537 or DW 14 95 3537). The obligating number is the number that is used by CFMC on any approval forms that are sent to the Project Officer. In most cases, the bill from the Other Agency will reference the complete IAG number and even though the IAG number on the approval form is different, theses two numbers are for the same IAG. 4. DISBURSEMENT INTERAGENCY AGREEMENTS When the LAG is processed and fully executed (an agreement with all three required signatures), the appropriate Grants Office forwards a copy to CFMC. Upon receipt, CFMC logs in the LAG, verifies the committment, records the obligation, and establishes a file. After the agreement is fully executed, the Other Agency may begin billing EPA. 4.a. METHODS OF PAYMENTS There are three billing methods the Other Agency can use to receive funds from EPA. Reimbursement - When this method is used, the Other Agency requests reimbursement of actual costs. This bill must be submitted to CFMC for payment on a Standard Form 1080 or a Form in lieu of that, or through an electronic transfer of funds via the OP AC (On Line Payment and Collection) system. Advance - This method is available to Agencies who operate using a working capital fund or with an appropriate justification of need. Unexpended funds will be returned to EPA at completion of work. The Other Agency must submit an invoice to request advance payment. Quarterly cost reports must be forwarded to CFMC. The Project Officer may also request a copy of this report for their records. Allocation Transfer - Prior to choosing this method, CFMC should be contacted to insure that this is the proper financial arrangement for a particular agreement. Prior approval from the budget office is required before negotiating this type of payment. This method transfers EPA appropriated funds to another Federal Agency and delegates to that Agency a portion of EPA's obligation and spending authority for that appropriation. The Financial Reports and Analysis Branch, Financial Management Division is responsible for the financial aspects of this type of agreement. ------- 4.b. PROJECT OFFICER'S LNTERAGENCY AGREEMENT INVOICE APPROVAL FORM-EPA 2550-21 When CFMC receives an invoice for payment, a Project Officer Interagency Agreement Invoice Approval Form , EPA Form 2550-21 is sent to the Project Officer (the exception would be Army COE Superfund site specific bills which fall under the guidelines established by the MOU between EPA and the Army COE). In addition to this form, a copy of the invoice and any additional documentation that is provided to CFMC is also sent. If the Project Officer requires specific information, the Project Officer needs to clarify the requirements during the LAG negotiation stage. The Project Officer should be provided with enough information to determine if the costs are necessary and reasonable. The following is a brief description of each section of the EPA Form 2550-21: Project Officer and Address - Name and Address of the person listed in Block 9 of the EPA Form 1610-1 (This name can change as additional amendments are received) Servicing Finance Office - Address to which all approvals should be returned to Billing Agency Name or abbreviation of the Agency submitting the payment request Bill Type: }) 1080 - This type of bill is used by Agencies requesting to be paid by EPA issuing a check (mostly used by Department of Defense Agencies). For all non DOD Agencies, DOD Agencies other than the Army COE, and Army COE non Superfund site specific LAG's, CFMC must receive an approved Project Officer IAG Invoice Approval Form from the Project Officer before processing the the bill for payment. For invoices received from the US Army COE which are for Superfund site specific LAG's, there is an MOU in place between EPA and the Army COE which requires EPA to pay these bills within 5 days of receipt. CFMC will also receive Contractor Pay Estimates (ENG93 or SF1034) from the Army COE for certain Superfund site specific LAG's. These pay estimates are paid according to the Prompt Pay standards based on the Army COE certification. CFMC will only send these bills (1080 or Pay Estimates) out to the EPA Project Officers for approval if the bill is for a period beyond the end of the Project Period or if the bill is marked "Final". CFMC must verify that these bills are certified by a representative of the Army COE (CFMC maintains a file of DD form 577 signature cards for Army COE personnel who may sign these bills as certifying officers). The Army COE is responsible for sending copies of these bills to the EPA Project Officers and to meet with them on a quarterly basis to review any possible billing discrepancies. For all 1080 bills and Contractor Pay Estimates, CFMC will submit these bills to be processed by generating a Treasury check (from the Department of Treasury office in Kansas City). ------- 2) OP AC - This type of payment is used to pay federal agencies other than DOD. When an OP AC charge is reflected against CFMC's Agency Location Code (ALC) 68-01-0727, the Treasury Department will automatically transfer funds to the requesting Agencies ALC. These charges would be recorded in a Cash Difference Liability Account by CFMC after they have been downloaded from the OP AC system. Each OP AC charge made by requesting ALC's is assigned a Schedule number (CFMC internal tracking identification number). CFMC would then process an accounting entry for each Schedule number which would reduce the Cash Difference Liability Account and disburse funds from the accounting information on the IAG number being referenced on the OP AC bill. A Project Officer IAG Invoice Approval form is then generated and sent to the Project Officer for approval or disapproval. Even though the performing Agency has received their collection of these bills, the EPA Project Officer is still required to review the bill and either approve or disapprove the charges in a timely manner. If the charges are disapproved, CFMC will initiate a chargeback (bill and collect the funds from the originating ALC) based on the Project Officers explanation of disapproval and then refund the money back to the account(s) on the IAG in question. In accordance with OP AC regulations, there is a three month time limitation from the original bill date to charge back the billing Agency for unauthorized charges. If the Project Officer does not receive supporting documentation for the charges being billed, they must first make an effort to get this information from the performing Agency. If these efforts fail, then the charges can be disapproved and charged back. Contact - Phone number of CFMC personnel to call for IAG related questions JAG Number - This is the IAG number as it is reflected in IFMS (EPA's Financial System). Invoice Number - For 1080 bills, this is the bill number on the bill. For OP AC bills, this is the Document Reference Number for the OP AC bill that is being paid. A copy of the invoice will always be attached to the approval form when it is sent to the Project Officer. Invoice Date - For 1080 bills, this will indicate the date which the bill was received in CFMC. For OP AC bills, this will be the Accomplished Date from the OP AC printout indicating the date which the other Agency submitted their request to the OP AC system. Site Name - This would indicate which Superfund site is being charged. Invoice Amount - The amount of the invoice that the Other Agency has submitted Approval for Payment - This is where the Project Officer will mark whether an invoice is to be approved (partially or fully) or disapproved. If an invoice is to be partially approved with suspension, the Project Officer must indicate the amount to be approved and the amount to be disapproved. For any disapproved amounts, the Project Officer must fill in the Explanation of Suspension/Disapproval with enough information for CFMC to explain the disapproval to the Billing Agency. The Project Officer must also mark whether the invoice is for goods or services, or whether the invoice is for a progress payment. ------- Financial and Accounting Data - This should be completed whenever multiple funding is cited on the IAG. The Project Officer may indicate the amount to be paid from each account. This process also applies if payment should be distributed to multiple Superfund sites. If necessary, a sheet can be attached to the approval with this same information if there is not enough room on the approval form. Certification - This is where the Project Officer would sign the approval, date it, and provide their phone number for CFMC to call if there are any questions. Note: The Project Officer should make a copy of the signed approval and keep it for their records. The original copy of the approval should be returned to the CFMC. The copy of the bill that is sent to the Project Officer can be kept by the Project Officer for their records. The original copy of the bill will be maintained by the CFMC along with the original copy of the approval. 5. CFMC's Address and Contacts Mailing address: EPA, CFMC 26 W. Martin Luther King DR. M/S002 Cincinnati, Ohio 45268-7002 Contacts: JeffMarsala - 513-487-2056 Sandy Chapman - 513-487-2060 CFMC Fax number - 513-487-2063 ------- IAG Identification Number DW14 93 3537-01-0 . Obligated as DW14353701 DW14 94 3537-01-0 . Obligated as DW14943537 DW14 95 3537-01-0 . Obligated as DW14953537 ------- Bill Tyoe 1) OP AC Non DOD Agencies 2) 1080 DOD, Army COE non S/F Army COE S/F ------- OPAC Bills Bills downloaded from Treasury Schedule number assigned to each bill Post to Cash Difference Liability Account CFMC processes payment in IFMS Bill sent with Approval to Project Officer Project Officer reviews bill for accuracy Project Officer approves or disapproves Disapproved bills charged back Accounts adjusted if necessary ------- 1080 (Non S/F) Bills Bills received at CFMC CFMC logs in bill CFMC prepares approval form Approval and bill sent to Project Officer Project Officer reviews bill for accuracy Project Officer approves or disapproves CFMC processes approved bills in IFMS Disapproved bills are suspended and returned to the Other Agency ------- 1080 (COE S/F) Bills Bills received at CFMC CFMC logs in bill CFMC verifies IAG # and Project Period CFMC verifies COE certification Bills processed for payment in IFMS Project Officer receives info from COE Discrepancies resolved between EPA Project Officer and COE Project Mgr. ------- Disbursement IAG Processing - Origination Phase 1) The EPA Program Office and the Other Agency initiate an IAG. This is where the terms of the IAG are developed and negotiated between the two sides. 2) The EPA Program Office would then prepare an IAG Form (1610-1) with a signature of the Decision Official on behalf of the Program Office and a Decision Memorandum. This would be forwarded along with a Commitment Notice to the Grants Office (GMO). 3) GMO would assign the document an IAG number, enter the appropriate data into GICS and then obtain the necessary signature of the Action Official on behalf of EPA. 4) GMO would send the LAG with a transmittal letter to the Other Agency for their acceptance/signature. 5) The Other Agency would return the signed TAG to GMO. 6) GMO would update the IAG information in GICS and then send copies of the completed IAG to the Program Office for their files and to the Cincinnati Financial Management Center (CFMC). 7) CFMC would verify that the IAG is signed by all three officials and then log the IAG in as an accepted document. 8) CFMC would verify the commitment in IFMS and then obligate the funds. 9) CFMC would establish an LAG file by Region/HQ and by the 4 digit sequential IAG number. ------- Disbursement IAG Processing - Execution Phase 1) The Other Agency would begin to provide the services as outlined in the IAG. 2) The EPA Project Officer would monitor the work to ensure that is in conformaiice with the terms of the IAG. 3) The Other Agency would submit invoices to EPA according to the terms and conditions of the LAG. 4) CFMC would process the bills for payment according to the guidelines established for each type of bill that is received (i.e. 1080 bills are processed differently than OP AC bills) 5) CFMC would post the transaction to IFMS (the timing of this posting can vary depending on the type of the bill that is being processed). 6) CFMC would send an approval form (EPA Form 2550-21) to the Project Officer for each bill (the exception would be Army COE Superfund site specific bills which fall under the guidelines established by the MOU between EPA and the Army COE). 7) The Project Officer should review the invoice along with any supporting documentation that is received from the Other Agency to determine if the costs billed are correct. 8) The Project Officer would monitor the project to determine if more funds are needed or if the Project Period needs to be extended. If an amendment is necessary, the Project Officer should follow the steps outlined in the Origination Phase to process the amendment. ------- Disbursement IAG Processing - Closeout Phase 1) The Project Officer should contact GAD to initiate closeout of an IAG if they know that a project is complete and that all costs have been billed and paid. 2) EPA's Closeout Policy states that all lAG's should be closed out within nine months after the end of the Project Period. If the Project Officer has not initiated closeout procedures, GMO will begin closeout procedures no later than 90 days after the end of the Project Period. GMO will contact CFMC to determine the balance of funds on an IAG and to find out if there are any outstanding bills waiting to be processed. GMO will then send a closeout certification letter to the Project Officer asking whether they received the final report or product(s), whether the CFMC balance is correct, and whether the Project Officer approves to close the IAG. 3) GMO will send a closeout letter to the Other Agency stating EPA's balance of funds and notify them that this balance will be deobligated within 15 days if EPA is not notified that there is a difference in the balance between the two Agencies. GMO will also send a copy of this letter to the EPA Project Officer and to CFMC. GMO will then mark the IAG as closed in GICS (Administrative closeout) 4) If CFMC is not notified to suspend closeout, the funds would be deobligated in IFMS by using a Journal Voucher (Financial Closeout). 5) If CFMC is notified of a discrepancy in the balance, they will work with the Other Agency to reconcile the balances and then deobligate the funds after this reconciliation is complete. 6) If a bill comes in after closeout, CFMC will send the bill to the Project Officer to determine if the bill is valid. If the Project Officer certifies the bill as valid, CFMC will reopen funds in IFMS to pay the bill. The Project Officer should notify GMO that the final balance has now changed. ------- Bill Type - OP AC 1) The OPAC (Online Payment and Collection) system is an online system operated by the Department of Treasury for all Federal Agencies to issue bills and receive immediate collections from other Federal Agencies. 2) These OPAC bills are charged against an Agency Location Code (ALC) which represents the Agency and the specific office within that Agency. The ALC for CFMC is 68-01-0727. 3) The billing Agency would enter a bill online into the OPAC system to the EPA ALC of 68-01-0727 (All bills for lAG's should be billed to this ALC). CFMC would download all charges to their ALC and assign these bills a Schedule number. 4) CFMC records all OPAC bills to the Cash Difference Liability Account and then distributes the bills internally to be processed for payment. 5) Any supporting documentation which is received at CFMC will be forwarded if necessary to the EPA Project Officer. 6) CFMC would verify the IAG number on the OPAC bill and then process the OPAC bill in IFMS. This would require CFMC to make an entry in IFMS which reduces the Cash Difference Liability Account and increases the amount of expenditures against the LAG number referenced. CFMC processes the payments using a "first-in-first-out" method because the proper account(s) to be charged cannot be identified by CFMC if there are multiple accounts on the LAG. 7) CFMC would then prepare a Project Officer Approval Form (Form 2550-21) and mail it to the Project Officer along with a copy of the OPAC bill and any supporting documentation. ------- 8) The Project Officer is responsible for reviewing the charges to determine if they are reasonable and accurate. 9) The Project Officer should be receiving some form of information from the Other Agency which would allow them to verify the charges. The type of information required should be negotiated at the origination phase of the IAG. If no information is received to verify the charges or if the information does not match the charges billed, the Project Officer should contact the Other Agencies Project Officer to request the necessary information for the bill to be approved. 10) Since the Other Agency has already received the payment for these charges, the Project Officer should try to resolve any disputed charges in a timely manner (the OPAC system allows for 3 months after the original bill date for a bill to be charged back). 11) The Project Officer should return the completed approval form to CFMC with all the required information filled in . If the Project Officer wants to disapprove the charges, they need to fill in the explanation of disapproval or attach a memo which explains why the charges are being disapproved. 12) If the approval form is received at CFMC marked as approved, CFMC will log in the approval and check to see if any accounting entries need to be made to adjust where the charges were originally made. If the Project Officer identifies an account(s) different from where the original charge was made, CFMC will process a Journal Voucher to properly reflect the charges in IFMS. 13) If the approval form is received at CFMC marked as disapproved, CFMC will initiate a chargeback through the OPAC system to the billing ALC. This would reduce the Cash Difference Liability Account and then CFMC would process a Journal Voucher to return the funds to the appropriate accounts of the LAG in question. ------- Bill Type - 1080 (Non Superfund) Bills 1) CFMC receives the 1080 bill (many Agencies use other forms in lieu of a 1080) from the Other Agency. CFMC verifies the information on the bill to determine if the bill is an actual 1080 bill or a backup copy to an OP AC charge (Note: some Agencies still produce the 1080 bill as their input document for the OP AC system and send it to CFMC as supporting documentation). 2) If the bill is determined to be correct, CFMC would then log the bill into the CFMC database which tracks all 1080 invoices received and paid. 3) CFMC would prepare a Project Officer Approval Form (Form 2550-21) and send it with a copy of the bill plus any attached documents to the Project officer for approval. 4) The Project Officer is responsible for reviewing the charges to determine if they are reasonable and accurate. 5) The Project Officer would use either information received directly from the Other Agency or the attached documents to the bill (if there are any) to verify the charges. If no information is received or the information does not support the charges, the Project Officer should contact the Other Agencies Project Officer to request the necessary information for the bill to be approved. 6) The Project Officer should return the completed approval form to CFMC with all the required information filled in. If the Project Officer disapproves the charges, they should fill in the explanation of disapproval or attach a memo which explains why the charges are being disapproved. ------- 7) If the approval form is received at CFMC marked as approved, CFMC will log in the approval and then match it with the original 1080 bill. The bill will then be posted to IFMS against the accounl(s) that is marked on the Approval Form or against the first open account using the "first-in-first-out" payment method. After the payment is posted in IFMS, it will be reviewed and then certified for payment by a certifying officer at CFMC. After the payment has been certified, it will be posted with all EPA payments to have a check cut by the Department of Treasury. 8) If the Approval Form is received at CFMC marked as disapproved, CFMC will prepare a suspension letter to the billing Agency. This letter will explain the reason for disapproval and list both the EPA Project Officer's name and phone number and a contact point and phone number of someone at CFMC for the billing Agency to call if they have any questions concerning the disapproval. 9) If it is determined that a suspended bill should not have been suspended, the billing Agency would have to resubmit the bill for processing again. When this bill is received, CFMC would log in the bill and submit it to the Project Officer again for approval. ------- Bill Type - 1080 (Army COE Superfund) Bills Note: The following information only pertains to 1080 (or bill forms in lieu of a 1080) bills received from the Army COE for Superfund site specific charges. There is a specific MOU between EPA and the Army COE which allows for these payments to be made differently than other 1080 bills. This procedure would also apply to Contractor payments (From ENG93 or SF1034) which EPA makes on certain Superfund site specific agreements between EPA and the Army COE. 1) CFMC receives the 1080 bill or the Contractor Pay Estimate from the Army COE. CFMC would verify that this bill pertains to a site specific IAG and if so, would verify that the bill has been certified by the Army COE and that there is a signature card on file at CFMC for the person certifying the charges. 2) If the bill is determined to be a valid site specific bill, CFMC would log the bill into the CFMC database which tracks all 1080 invoices received and paid. 3) According to the MOU between EPA and the Army COE, all site specific 1080 bills should be certified by a representative of the Army COE and EPA would pay these bills within 5 days of receipt. CFMC is required to have a signature card (DD Form 577) on file from anyone at the Army COE who would be representing the Army COE as a certifying officer. For Pay Estimates from the Contractor, EPA is required to pay these bills according to Prompt Pay standards for all government contract payments. The date the Army COE receives the invoice from the contractor is the date which is used to determine when the payment should be made in accordance with the Prompt Pay Act. 4) The Army COE should be sending a copy of each bill marked "copy" to the EPA Project Officer along with a status report so CFMC is not required to forward anything to the Project Officer for these bills. Any discrepancies or disputes in these bills should be discussed between the EPA Project Officer and the Army COE Project Manager. ------- 5) Any disputes would be resolved by either an adjustment to a future bill or by the Army COE issuing a refund to EPA CFMC. If a refund is received at CFMC, these funds would be posted back to the account from where the original payment was made. 6) If the bill is determined to be a valid site specific bill, CFMC would process the payment in IFMS using the "first-in-first-out" payment method unless CFMC is informed ahead of time by the Project Officer which accounts should be used in which order. The bill will then be posted in IFMS for payment where it will be reviewed and then certified by a certifying officer at CFMC. After the payment has been certified, it will be posted with all EPA payments to have a check cut by the Department of Treasury. 7) CFMC is required to send either a 1080 bill or a Contractor Pay Estimate which is marked "final" to the EPA Project Officer for approval. CFMC would also send any bill to the Project Officer for approval which is for a service period beyond the end of the Project Period (according to the files at CFMC). If these bills were sent to the EPA Project Officer for approval, they would be treated like a non Superfund 1080 bill and will follow the guidelines established for those bills. 8) If a bill (either 1080 or a Contractor Pay Estimate) is received from the Army COE without all the necessary information to make payment, CFMC will return these bills to the billing office with a cover letter which would explain why the bill is being returned. The Army COE should then resubmit the bill with the correct information to CFMC so that the bill can be paid. ------- Project Officer Responsibilities 1) Initiate the IAG and negotiate the terms and conditions of the IAG. 2) Verify that there is enough funding in place to cover expected costs. 3) Make sure that the Project Period of the IAG is long enough to cover the time that it will take to complete the project. This would include notifying the Grants office when an IAG needs to be extended to either add funds or extend the Project Period. 4) Monitor the project to make sure that the Other Agency is performing the services at an acceptable level according to the terms of the LAG. 5) Monitor the costs of the IAG through the approval process. This would include reviewing all bills received from the Other Agency and approving or disapproving them based on the terms of the LAG. 6) Notify GMO if there is a Project Officer change. GMO would then notify the Other Agency and CFMC by issuing an amendment which would identify the new Project Officer. 7) Initiate closeout procedures when a project is complete. 8) Contact CFMC or the Other Agency if there are any questions concerning billing issues. 9) Maintain a file of all documentation received pertaining to the IAG including the original IAG and any amendments, bills, approvals, and any supporting documentation received from the Other Agency. ------- Generic IAGfs (Multiple Superfund sites) 1) EPA would obligate funds under a generic Superfund account ("ZZ", "WQ", or "00") for an IAG where work is going to be done at multiple Superfund sites which are undeterminable at the time of the origination of the agreement. 2) The terms and conditions of these LAG's should be negotiated at the time of the origination of the LAG. 3) EPA is responsible for notifying the Other Agency when work is needed to be done at a certain Superfund site. A Work Authorization Form (WAF) should be used to redistribute the funding from the generic Superfund account to the appropriate site specific account. This form would need to be sent to CFMC so the funds can be moved in IFMS. 4) When bills are received at CFMC for specific sites on these multi site agreements, CFMC would verify that there is money set up for the specific site being billed before processing the bill. If there is no site specific account established yet, CFMC would contact the Project Officer to get the necessary paperwork to establish the site account before processing the payment of the bill. 5) If a bill is received at CFMC without a site identified which references a multi site IAG, CFMC will forward this bill to the Project Officer to identify what site(s) the bill is for. 6) The Project Officer is responsible for ensuring that all charges are properly distributed to the correct site specific accounts. Charges can be made to the generic account, but all charges need to eventually be redistributed to the appropriate site specific accounts. If the invoice does not clearly identify what site(s) the charges are for, the Project Officer should contact the Other Agency to receive the proper documentation which would allow EPA to distribute the charges according to the Superfund site. ------- 7) The Other Agency is responsible for providing support documentation which would identify the Superfund site and amount of charges which are relevant to that site. If charges for more than one site are combined on one bill, the Other Agency should provide either CFMC or the the Project Officer with the documentation which would allow EPA to identify each Superfund site and the amount of charges for each site. It is then the Project Officer's responsibility to ensure that each cost is correct and that the charges are posted to the correct site accounts. 8) Each WAF can identify a Project Period for that particular Superfund site. The only limits are that the beginning Project Period cannot be for a time prior to the beginning of the LAG Project Period and that the ending Project Period cannot be for a period after the ending Project Period of the IAG. 9) To close out the funds on these generic lAG's, the Project Officer can either issue a decrease WAF or wait until the end of the IAG and reference each site that has a balance on the closeout letter. It is more efficient to close each of the individual sites with a WAF. CFMC cannot process a closeout request referencing multiple sites until the Other Agency confirms that each sites balance has been reconciled. Note: Most Agencies cannot move funds from one site to another or from a site specific account back to the generic account. This means that once funds are obligated to a Superfund site, EPA should not try to move the balance of these funds back to the generic account or to another Superfund site for more work to be done. EPA should be conservative when obligating funds to a specific Superfund site so that they don't risk losing excess funds. Amended WAF's can always be processed if additional funding is needed for any Superfund site. ------- Appendix 0 ------- GRANTS PROGRAM ASSIGNMENTS Wayne Anthofer, 303-312-6305 Director Joyce Brame 303-312-6367 Danette Quick* 406-441-1120 Beverly GoodseU 303-312-6507 Sherron Holloway 303-312-6349 Tempa Graves 303-312-6368 Carol O'Donnell 303-312-6824 Barbara Rodriguez 303-312-6360 Maurice Velsaquez 303-312-6862 PROGRAM CODE PROGRAM DEFINITION SPECIALIST *Danette Quick is responsible for ALL Montana Grants and lAGs managed by the Montana Operations Office. A BG BL BP C C C C CD CL/S Air Pollution Control Program Support Performance Partnership Grants Colorado Montana North Dakota South Dakota Utah Wyoming Tribal Brownfields Revolving Loan Fund Brownfields Site Assessment Construction Grants Wastewater Treatment Construction Programs Construction Grants for Planning & Design (Advance of Allowance) Construction Management Assistance (205[gJ) Clean Water Act (CWA) Section 109(b) Training Wetlands Protection State Development Clean Lakes Program Sherron Holloway Joyce Brame Danette Quick Beverly GoodseU Sherron Holloway Tempa Graves Joyce Brame Joyce Brame Beverly Goodsell Beverly Goodsell Joyce Brame Joyce Brame Sherron Holloway Sherron Holloway Sherron Holloway Sherron Holloway Sherron Holloway ------- PROGRAM CODE CM CP CS C6 C8 PROGRAM DEFINITION Municipal Water Pollution Prevention (MWPP) National Pollutant Discharge Elimination System Program Implementation - Construction Waste Water State Revolving Fund Water Quality Management Planning (Section 604[b]) Nonpoint Source Reservation/Develop- ment Program (Section 205lj][5]) SPECIALIST Sherroa Holloway Tempa Graves Joyce Brame Joyce Brame Joyce Brame C9 D EQ F FS G GA HG I lAG's K Kl Nonpoint Source Implementation Pro- gram Hazardous Waste Management State Pro- gram Consolidated Pesticides Compliance Monitoring And Program Cooperative Agreements Environmental Equity Program State Public Water System Supervision (PWSS) Drinking Water State Revolving Fund State Underground Water Source Pro- tection (UIC) General Assistance Program (GAP) for Indian tribes Hardship Grants Indian Water Pollution Control (Section 106) Interagency Agreements Toxic Substances Compliance Monitoring Program State Indoor Radon Grant Pro- gram Support Joyce Brame Tempa Graves Sherron Holloway Tempa Graves Tempa Graves Joyce Brame Tempa Graves Beverly Goodsell Joyce Brame Beverly Goodsell Carol O'Donnell Sherron Holloway Sherron Holloway ------- PROGRAM CODE L LS MM NE NI NP PB PJ PM S S SR T V vc X XP XI 1 PROGRAM DEFINITION Solid Waste Demonstration and Planning, and Underground Storage Tanks State Program Support (UST) Leaking Underground Storage Tank Trust Fund (LUST) Regional Multi-Media Initiatives Program (See separate listing for Grant Specialist) Environmental Education General Assistance Program (GAP) for Indian Tribes Pollution Prevention Incentives for States State Lead Grants Environmental Justice through Pollution Prevention PM2.5 Colorado Montana North Dakota South Dakota Utah Wyoming Indian Radon Grant Program Support Clean Lakes Superfund Reuse Initiative Training Outreach Operation 104(G)(1) Superrund Agreements State CORE & Tribal CORE Special Studies FY95 Water Infrastructure Grants Solid Waste, Management Assistance Superrund Technical Assistance for Citizen Groups at Priority Sites (TAGs) (all states except Montana) SPECIALIST Tempa Graves Tempa Graves All Specialists Beverly Goodsell Beverly Goodsell Tempa Graves Sherron Holloway Tempa Graves Joyce Brame Danette Quick Beverly Goodsell Sherron Holloway Tempa Graves Sherron Holloway Sherron Holloway Sherron Holloway Beverly Goodsell Carol O'Donnell Beverly Goodsell Beverly Goodsell All Specialists Joyce Brame Tempa Graves Beverly Goodsell ------- OTHER Audit Manager Barbara Rodriguez MBE/WBE Utilization Officer Maurice Velasquez Revised 1/12/00 ------- PROJECT OFFICER REFRESHER COURSE Interagency Agreement Training Evaluation Date of Training: Project Officer Name: (optional) Project Officer Mail Code: (optional) Trainer: 1. What did you like about the training material/information? 2. What did you dislike about the training material/information? 3. Were your questions answered? If NO, please explain. 4. What material/information would you add or remove? COMMENTS: ------- |