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

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                   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

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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

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                         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.

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          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.

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• 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.

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     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.)

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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.

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• 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.

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     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.

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• 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.

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• 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

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                     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.

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               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

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Appendix A

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                                                                                                                               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.

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                                                                                      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

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                                                                                           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.

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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)

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Appendix B

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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.

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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

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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)

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Appendix C

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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

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Appendix D

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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

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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

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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
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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
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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 situation—identify the activities conducted before the IAG signature, explain why
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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
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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

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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.
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Appendix E

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                 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)

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      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.

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Appendix P

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                 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>

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     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

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                           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.

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                           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

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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

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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

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                                  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

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                 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

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                                  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

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              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

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                       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

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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


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 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


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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.

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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.
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 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.
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   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).
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                    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


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 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
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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.
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 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

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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.
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           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.
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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

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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

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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

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 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

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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

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         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

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                 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

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 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

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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

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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.

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Appendix G

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                 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)

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                                                                                      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

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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.

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                                                                                     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

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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.

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Appendix H

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                            United Slates
                            Environmental Protection
                            Agency
Office of
Administration
Facilities Management
And Services
Division
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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

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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

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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

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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

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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

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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

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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

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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

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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-	

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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

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Appendix I

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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 submitted•after 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.
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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.


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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
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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.
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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


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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.
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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
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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 clear—the 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


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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

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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


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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 (latter—funds 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

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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

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Appendix J

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                                                                          FEDERAL  ACQUISITION  REGULATION

                             PART 17—SPECIAL CONTRACTING METHODS
    Sec.
    17.000    Scope of part

              Subpart 17.1—Multi-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 17.2—Options
    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 17.4—Leader Company Contracting
    17.401    General.
    17.402    Limitations.
    17.403    Procedures.

*** Subpart 17.5—Interagency 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 17.6—Management 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 17.1—Multi-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

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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

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                                FAC  97—02    OCTOBER 10,1997
PART 17—SPECIAL 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

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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)

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PART 17—SPECIAL 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 Act—Price 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 17.2—Options

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

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                                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

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                                FAC 97-14   NOVEMBER 23,1999
PART 17—SPECIAL 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  Quantity—Separately
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

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                               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 17.4—Leader 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 17.5—Interagency 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

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PART 17—SPECIAL 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

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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 17.6—Management 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

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PART 17—SPECIAL 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

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Appendix K

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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.
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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


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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


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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.


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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


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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
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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
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Appendix L

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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
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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
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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
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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.
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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)

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Direct Payment to Contractors under lAGs                                          Page 6 of 6
  Geoff Cooper, OGC
  Ken Pakula, OGC
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Appendix M

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          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

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  FINANCIAL
  GUIDANCE
    FOR
REIMBURSABLE
INTERAGENCY
AGREEMENTS

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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.

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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

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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

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Appendix N

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                     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

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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.

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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).

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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.

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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

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                     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

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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.

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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).

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 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.

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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

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   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

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          Bill Tyoe
1) OP AC
    Non DOD Agencies
2) 1080
    DOD, Army COE non S/F
    Army COE S/F

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             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

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         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

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          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.

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   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.

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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.

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 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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   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.

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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.

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Appendix 0

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                           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

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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

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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

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                     OTHER




Audit Manager                                     Barbara Rodriguez




MBE/WBE Utilization Officer                         Maurice Velasquez
                                                       Revised 1/12/00

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             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:

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