I. PURPOSE

This directive outlines the:

• Responsibilities and procedures to negotiate cooperative documents.
• Authority to sign cooperative documents.
• Administrative procedures to prepare and process cooperative documents in FSIS under the Department’s rules and regulations within applicable guidelines.
• Differences between various cooperative documents

II. CANCELLATION

This directive cancels FSIS Directive 1210.1 Revision 2, dated 8/20/85.

III. REASON FOR REISSUANCE

This directive is completely revised to update procedures used for cooperative documents.

IV. REFERENCES

FSIS Directive 1210.2, Reimbursable Agreements

FSIS Directive 2200.2, Cooperative Documents for Research Programs

7 CFR 2, Delegations of Authority by the Secretary of Agriculture

48 CFR, Chapter 4, Agriculture Acquisition Regulation

48 CFR, Chapter 1, Federal Acquisition Regulation

OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments

OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations

OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations

7 U.S.C. 64, Agricultural Research, Extension, and Teaching

21 U.S.C. 451, Poultry Products Inspection Act

21 U.S.C. 601, Federal Meat Inspection Act

21 U.S.C. 1031, Egg Products Inspection Act

31 U.S.C. 63, Using Procurement Contracts, Grants, and Cooperative Agreements 31 U.S.C. 1535, Agency Agreements

V. ABBREVIATIONS

• AAS- Acquisitions and Agreements Section, ASD
• AGAR- Agriculture Acquisition Regulation
• ASD- Administrative Services Division
• CO Contracting Officer
• FAR Federal Acquisition Regulation
• IA Interagency Agreement
• MOA Memorandum of Agreement
• MOU Memorandum of Understanding
• OMB Office of Management and Budget
• PMB Procurement Management Branch, ASD

VI. DEFINITIONS

A. Cooperative Agreement. The financial assistance award is used when substantial Federal involvement with the cooperator during performance of work is anticipated by the Government.

B. Cooperative Document. A written plan that performs work or furnishes materials developed according to applicable laws, rules, regulations, and guidelines. A cooperative document may be a cooperative agreement, IA, MOU or MOA.

C. Head of the Contracting Activity Designee. An official that is overall responsible for managing contracting activities.

D. Interagency Agreement (IA). An Arrangement where Federal agencies perform work or furnish people, equipment, or supplies to each other on a reimbursable basis, pursuant to a specific statutory authority, or to the Economy Act when no other authority exists.

E. Memorandum of Understanding (MOU) and Memorandum of Agreement (MOA). A written plan where two or more parties carry-out a project of mutual interest, and there is no exchange of funds.

VII. COOPERATIVE DOCUMENTS

A. Cooperative Documents. Include the following: cooperative agreements, MOUs, MOAs, and IA’s.

B. Requirements.

1. A cooperative document specifies the time period that remains in effect, and includes provisions for continuing or terminating the agreement. (NOTE: Some cooperative documents provide continuation from year to year by notifying the cooperative parties.)
2. All cooperative agreements, IA’s, amendments and renewals are signed for FSIS by a warranted CO or a delegated official appointed by the Head of the Contracting Activity Designee.
3. MOUs and MOAs do not need a CO’s signature because funds are not exchanged.

C. Time Limitations.

1. If the work or project is financed by trust funds or funds that do not expire, the time period for the cooperative document may be indefinite.
2. There is a provision for renewal for succeeding years. In this case the parties seek new appropriations for succeeding years.
3. IA’s and cooperative agreements funded with appropriated funds have different time limitations.
4. An MOU or MOA may be indefinite or for a specified time period.

VIII. COOPERATIVE AGREEMENTS

A. Cooperative agreements are used for projects when operations and objectives are mutual for each party. There must be identifiable and accountable evidence of cooperation; however, there may be a difference in the scope of interest. (NOTE: Cooperative agreements are not used in lieu of procurement contracts or MOUs.)

B. Cooperative agreements have a 12 month time limitation.

C. AAS assigns agreement numbers to cooperative agreements and retains a fully executed copy.

D. Cooperative agreements are used when:

1. The services being procured are jointly planned and executed, and the other party is making a compensable contribution.
2. Provisions are made for payment to the other party by FSIS.

E. Cooperative agreements are not used to avoid personnel restrictions or employment limitations.

IX. INTERAGENCY AGREEMENTS

A. IA’s are not used to circumvent conditions and limitations on the use of funds, or to make acquisitions conflicting with any other Agency’s authority or responsibility. IA’s are not exempt from FAR Part 7.3, Contractor Versus Government Performance.

B. IA’s subject to the Economy Act may not extend beyond the fiscal year. Appropriated funds must be deobligated by fiscal year-end if not used, and the parties may seek new appropriations for succeeding years.

X. MOUs and MOAs

An MOU or MOA is different from a cooperative agreement because:

1. Each party operates within its own authority and resources.
2. Each party handles and directs its own activities, including spending its own funds.
3. There is no provision for payment or reimbursement.
4. It does not expire, but is cancelled by a 30-day notice from either party.

XI. ADDITIONAL INFORMATION

Contact AAS at (301) 504-4211 with questions or requests for additional information.