TABLE OF CONTENTS
| Topics | Sections |
|---|---|
| OVERVIEW | 10.1 What is the purpose of this chapter? 10.2 What is the scope of this chapter? 10.3 What is the difference between an Interagency Agreement (IAA) and an Intra-Department of the Interior Agreement (IDA)? 10.4 What are the authorities for this chapter? 10.5 What terms do you need to know to understand this chapter? |
| RESPONSIBILITIES AND DELEGATIONS | 10.6 Who is responsible for IAAs and IDAs? 10.7 To whom has the Service delegated the authority to sign IAAs/IDAs? |
| AGREEMENT DEVELOPMENT AND REQUIRED ELEMENTS | 10.8 What format does the Service use for IAAs and IDAs? 10.9 Are there specific clauses that the Service must include in IAAs and IDAs? 10.10 How is the statutory authority determined for IAAs and IDAs? 10.11 Who reviews and signs IAAs and IDAs? 10.12 How does the office responsible for the IAA/IDA obtain its signatures and process the agreement? |
| IMPACTS OF THE ECONOMY ACT | 10.13 What is the Economy Act? 10.14 How does the Economy Act impact the period of performance on an IAA or IDA? 10.15 What should employees ensure the servicing agency (seller) is aware of when citing the Economy Act? |
| AGREEMENT PERFORMANCE | 10.16 When does work begin on an IAA or IDA? |
| PAYMENTS | 10.17 How does the Service make payments on an IAA or IDA? |
OVERVIEW
10.1 What is the purpose of this chapter? This chapter establishes policy and procedures for U.S. Fish and Wildlife Service (Service) employees who prepare and approve Interagency Agreements (IAA) and Intra-Department of the Interior (Department) Agreements (IDA). Although these transactions may also be referred to as intragovernmental transactions once G-Invoicing (see section 10.5E) is implemented, for the purposes of this chapter, we call them IAAs and IDAs.
10.2 What is the scope of this chapter?
A. This chapter applies to IAAs and IDAs where the Service provides funds to another Federal agency or Departmental bureau or office in exchange for products or services.
B. The chapter does not cover:
(1) Federal procurement and Federal assistance agreements, i.e., contracts, grants, and cooperative agreements (see Part 301 and Parts 515 – 517 of the Service Manual);
(2) Memorandums of Understanding (MOU) or other agreements where the Service does not transfer funds or property (see Part 301);
(3) U.S. General Services Administration Reimbursable Work Authorizations and U.S. Department of Homeland Security’s Security Work Authorizations, which are Miscellaneous Obligations (MO) (see 260 FW 9); and
(4) Reimbursable agreements where a non-Service entity pays the Service to provide products or services (see 264 FW 2).
C. In preparation for G-Invoicing, this chapter covers both pre-implementation and post-implementation for those processes/policies impacted.
10.3 What is the difference between an IAA and an IDA? Both are Federal agreements where one entity agrees to perform work on behalf of another entity and is subsequently reimbursed for all costs incurred. While other agencies may use the two terms interchangeably, we define them as follows:
A. IAAs are written agreements that we enter into with another Federal agency outside of the Department that specify the goods one agency (seller) will furnish or tasks one agency (seller) will accomplish in support of the Service (buyer) with a transfer of funds.
B. IDAs are written agreements that we enter into with another Departmental bureau or office (e.g., National Park Service, U.S. Geological Survey) that specify the goods they will furnish or tasks they will accomplish in support of the Service (buyer) with a transfer of funds.
10.4 What are the authorities for this chapter?
A. Administrative Division of Apportionments (31 U.S.C. 1514).
B. Appropriations, Application (also known as the Purpose Statute) (31 U.S.C. 1301).
C. Department’s Office of Financial Management (PFM), Inter-Intra Agency Agreement Handbook.
D. Documentary Evidence Requirement for Government Obligations (31 U.S.C. 1501).
E. The Economy Act of 1932, as amended (31 U.S.C. 1535).
F. Government Accountability Office’s Principles of Federal Appropriations Law (the Red Book).
G. Office of Management and Budget (OMB) Circular A-11, Preparation, Submission, and Execution of the Budget.
H. Prohibited Obligations and Expenditures (31 U.S.C. 1517).
I. Statement of Federal Financial Accounting Standard (SFFAS) #4, Managerial Cost Accounting Concepts and Standards for the Federal Government.
J. U.S. Department of the Treasury (Treasury), Treasury Financial Manual, Part 2, Chapter 4700, Federal Entity Reporting Requirements for the Financial Report of the United States Government, Appendix 8.
K. 328 Departmental Manual 1, Administrative Control of Funds – Statute, Responsibility, Violations.
10.5 What terms do you need to know to understand this chapter?
A. Assisted acquisition means the type of IAA where the servicing agency (seller) performs contracting activities on a requesting agency’s (buyer’s) behalf, such as awarding and administering a contract, task order, or delivery order.
B. Buyer Agreement Officials (BAO) are Service employees who have been delegated authority in writing to initiate or approve documents that lead to the creation of obligations through IAAs and IDAs for funds administered by the Service.
C. Buyer/requesting agency is the agency, bureau, or office that receives products or services through an IAA or IDA. This party obligates funds to pay the seller/servicing agency for the products or services.
D. General Terms and Conditions (GT&C) is the partnership section of an IAA/IDA. It identifies the agencies entering into the agreement, the type of action being taken, the Period of Performance (PoP), and the agreement type. Each IAA/IDA should include a GT&C. Multiple orders (Treasury Form 7600B) can be issued under a single GT&C (Treasury Form 7600A). There is no financial obligation related to the GT&C, only the initial arrangement between the parties (similar to an MOU).
E. G-Invoicing will be the solution for Federal program agencies to manage intragovernmental buy/sell transactions once implemented.
F. Miscellaneous Obligations (MO) are valid obligations that do not use the acquisition, financial assistance, or G-Invoicing process in the Financial and Business Management System (FBMS). Employees may only use MOs when they are authorized to do so (see 260 FW 9).
G. Seller/servicing agency is the agency, bureau, or office that will provide products or services to the buyer/requesting agency, bureau, or office.
RESPONSIBILITIES AND DELEGATIONS
10.6 Who is responsible for IAAs and IDAs? See Table 10-1.
Table 10-1: IAA and IDA Responsibilities and Approvals
| These employees… | Are responsible for… |
|---|---|
| A. The Director | Approving or declining to approve Servicewide policy. |
| B. Assistant Director –Management and Administration (i.e., AD-MA or Associate Chief Financial Officer) | Ensuring that OMB, Treasury, and Departmental IAA/IDA transaction policies are part of Service policy. |
| C. Joint Administrative Operations (JAO), Headquarters, Budget and Performance Division Chief | (1) Reviewing underlying authorities when questions arise; (2) Providing updated legislative authorities from appropriations and other bills tothe Reimbursable and Federal Agreements team, as required; (3) Evaluating the appropriateness of IAAs/IDAs as requested and recommending final approval, alternative authority, or other methods of receiving funding, as necessary; and (4) Engaging with the Department’s Office of the Solicitor (SOL) on issues of authority for receiving or sending funding based on underlying appropriations law. |
| D. JAO, Administrative Operations Center (AOC), Financial Operations Chief | (1) Recommending changes to this policy, (2) Ensuring staff record and process IAAs/IDAs in FBMS in accordance with this policy, and (3) Ensuring BAOs are delegated in accordance with Departmental policy. |
| E. JAO, AOC, Acquisition and Property Operations (APO), Contracting Officers (CO) | Signing the Economy Act Determinations and Findings (D&F) form for IAAs for assisted acquisition services when they reference the Economy Act. |
| F. JAO, AOC, Reimbursable and Federal Agreements Branch Chief | (1)Providing guidance on issues related to IAAs/IDAs; (2) Evaluating the appropriateness of IAAs/IDAs as requested and recommending final approval, alternative authority, or other methods of providing funding, as necessary; and (3) Approving delegations of authority for BAOs to initiate or approve IAA/IDA documents that lead to the creation of obligations. |
| G. Buyer Agreement Officials (BAO) (i.e., Project Leaders, Project Managers) | (1) Signing IAAs for travel and IDAs without BAO delegation (authorized until implementation of G-Invoicing); (2) Reading and becoming familiar with this policy and all other Departmental and Governmentwide policies for IAAs/IDAs; (3) Understanding the underlying authorities that govern the IAAs/IDAs that they will sign; (4) Approving IAAs/IDAs when funds will be administered by the Service, including modifications where additional funding will be obligated; (5) Ensuring IAAs/IDAs that they sign are in accordance with this policy and other applicable Departmental and Governmentwide policies for IAAs/IDAs; (6) Signing the Economy Act D&F form for IAAs/IDAs that reference the Economy Act when a CO signature is not required; and (7) Referring IAAs/IDAs to the SOL prior to approval when required by Department policy (see DOI-AAAP-0075, Legal Review of Acquisition Actions). |
10.7 To whom has the Service delegated the authority to sign IAAs/IDAs? Project Leaders and Project Managers may be designated as BAOs, but they must obtain a written delegation of authority from the Reimbursable and Federal Agreements Branch Chief prior to approving IAAs/IDAs. These are the only individuals the Service authorizes to sign IAAs/IDAs.
AGREEMENT DEVELOPMENT AND REQUIRED ELEMENTS
10.8 What format does the Service use for IAAs and IDAs?
A. Required format.
(1) Prior to G-Invoicing implementation, we may use:
(a) Department of the Interior Inter/Intra-Agency Agreement form (FWS Form 3-2366);
(b) United States Government, Interagency Agreement (IAA), Agreement between Federal Agencies, GT&C Section (Treasury Form 7600A), and United States Government Order (Treasury Form 7600B); or
(c) The IDA module in FBMS.
(2) After G-Invoicing implementation, we must use:
(a) Treasury Form 7600A and Treasury Form 7600B, entered electronically in either FBMS or the G-Invoicing system (for GT&C); or
(b) Treasury Form 7600B if you use a hard copy form instead of direct system entry.
B. Attachments. If attachments are needed with additional terms and conditions, they must not include duplicative information, including signatures and approvals.
(1) An Economy Act D&F form is required when an agreement references the Economy Act, and it must be signed by a:
(a) BAO when the primary purpose of the IAA/IDA is anything other than assisted acquisition, or
(b) A CO when the primary purpose of the IAA/IDA is assisted acquisition.
(2) Responsibilities of each party must be included. This is often called the scope of work, statement of work, or service level agreement, etc. and should include:
(a) Responsibilities and commitments of both the buyer and seller; and
(b) Where applicable, goals, performance measures, products, and schedule of strategic milestones.
(3) We describe other required information in section 10.9 below.
10.9 Are there specific clauses that the Service must include in IAAs and IDAs? Yes. The following must be in all IAAs/IDAs:
A. Method for settlement of disputes clauses. The agreement must include a method for settling disputes that is consistent with the Treasury Financial Manual’s Federal Entity Reporting Requirements for the Financial Report of the United States Government. Suggested language includes:
(1) We intend that nothing in this agreement conflicts with current Service or “other agency” directives. If the terms of this agreement are inconsistent with existing directives of either of the agencies entering into this agreement, then those portions of this agreement which we determine to be inconsistent must be renegotiated, and we will complete a modification to the agreement to provide those corrections and directive compliance. All other terms and conditions not affected by the inconsistency must remain in full force and effect.
(2) Should disagreement arise on the interpretation of the provisions of this agreement, or modifications and/or revisions to the agreement, that cannot be resolved at the operating level, each party must state the area(s) of disagreement in writing and present the matter to the other party for consideration. If agreement on interpretation is not reached within 30 days, the agencies must forward the written presentation of the disagreement to respective higher officials for resolution.
(3) The agencies under this agreement are also responsible for resolving any billing/payment disputes that may arise within 120 business days of the billing date. If the agencies cannot resolve the dispute within this period, the matter will be referred to the Department’s Office of Financial Management (PFM) the following business day.
B. Effective date, review, modification, and termination/cancellation clauses. The Service should generally include provisions regarding the effective date and the process for terminating the agreement within a specified time if written notice is provided to all agencies. The language may include further specifics regarding the rights and liabilities of the agencies if the agreement is terminated. Suggested language includes:
(1) This agreement is effective on the date of the final signature, and it will remain in effect through (date)/(for a period of # years). Both agencies must review the agreement to determine its suitability for modification to provide for revision, renewal, extension, or termination. Any modifications must be in writing. Both agencies must approve and sign them.
(2) Either agency may terminate this instrument in whole, or in part, in writing at any time before the date of expiration upon 30 days written notice of such termination. Neither party may incur any new obligations for the terminated portion of the interagency or intra-Department of the Interior agreement after the effective date and must cancel as many obligations as possible. Full credit must be allowable for each party’s expense and all non-cancelable obligations properly incurred up to the effective date of termination.
C. Liability issues, if any. Liability applies to the potential for damage or injury to people or property. An agreement may include indemnification language to protect the Service from such lawsuits. Those entering into such agreements should add clauses that require the other party in the agreement to assist or cooperate in the Service’s defense. The Service must not indemnify an outside party. Following is suggested language: The United States shall not be liable to the cooperator for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work by the U.S. Fish and Wildlife Service or its contractors under this agreement, including, but not limited to, damage to any property owned by the cooperator or any third party.
10.10 How is the statutory authority determined for IAAs and IDAs? Buyers must include a correct statutory authority in every IAA/IDA and document it on the GT&C. The statutory authority is what authorizes the Service to purchase goods or services from other Federal agencies. There should only be one authority for the transaction. If more than one applies, the two parties must agree on which authority is most appropriate for the overall transaction. See sections 10.13 through 10.15 for more information if the Economy Act is used as the authority.
10.11 Who reviews and signs IAAs and IDAs?
A. Prior to G-Invoicing implementation, Project Leaders or Project Managers (must be a Federal employee) may sign IAAs/IDAs.
B. After G-Invoicing implementation, BAOs are the only officials authorized to sign IAAs/IDAs.
10.12 How does the office responsible for the IAA/IDA obtain its signatures and process the agreement?
A. For the process to use prior to G-Invoicing implementation, see Table 10-2. For all types of IAAs/IDA, the responsible Service office must obtain all appropriate signatures.
Table 10-2: IAA/IDA Process Prior to G-Invoicing
| Type | Process |
|---|---|
| IAAs | Responsible Service office must enter a Program Purchase Request (PPR) into the mySupport portalwith the IAA attached for the Req-2-Check Operations team to certify funds and process. |
| Travel IAAs | Responsible Service office must create an MO in FBMS in compliance with 260 FW 9. |
| IDAs | Responsible Service office must:
|
B. After G-Invoicing implementation, the responsible Service office must:
(1) Enter a PPR into the mySupport portal with the IAA or IDA attached for the Req-2-Check Operations team to certify funds and process, and
(2) Obtain all appropriate signatures.
IMPACTS OF THE ECONOMY ACT
10.13 What is the Economy Act?
A. The Economy Act authorizes agencies to enter into agreements to obtain supplies or services from another agency (i.e., within the Department or another Federal agency).
B. Initiators of IAAs or IDAs must only use the Economy Act when a more specific statutory authority does not exist.
C. The Economy Act requires the Service (buyer) and the servicing agency (seller) to de-obligate funds at the end of the period of availability of the appropriation (e.g., fiscal year 2023 resource management funds would expire 9/30/2024) unless the servicing agency (seller) has:
(1) Completed the work by providing the goods or services in house, or
(2) Entered into an authorized contract (e.g., purchase order, financial assistance, etc.) with another entity to provide the goods or services.
D. An exchange of funds under the Economy Act does not extend the availability of funds beyond the amount Congress provided in the applicable Appropriations Act.
10.14 How does the Economy Act impact the period of performance on an IAA or IDA? The PoP on an IAA or IDA is determined by how the servicing agency (seller) will provide the goods or services, meaning, whether they are provided in house or are contracted out.
A. In house. If the servicing agency (seller) is providing the goods or services in house (e.g., salary, travel, etc.), the IAA or IDA PoP must not extend beyond the period of availability of the appropriation.
B. Contracted out. If the servicing agency (seller) will award an authorized contract with another entity to provide goods or services prior to the end of the period of availability of the appropriation, those funds are considered obligated, and performance may continue on the authorized contract. In this situation, the IAA or IDA PoP may extend beyond the period of availability of the appropriation.
10.15 What should employees ensure the servicing agency (seller) is aware of when citing the Economy Act? Employees must ensure:
A. The servicing agency (seller) is aware of the Service’s (buyer) period of availability of funding at the beginning of the agreement.
B. The IAA or IDA outlines what funds will be used in house by the servicing agency (seller) and those that may be obligated to another entity to ensure the PoP is correct on the agreement.
AGREEMENT PERFORMANCE
10.16 When does work begin on an IAA or IDA? The servicing Federal agency should begin work on an agreement when the Service provides a properly executed (signed) agreement form, and the PoP starts.
PAYMENTS
10.17 How does the Service make payments on an IAA or IDA? Payment transactions generally occur following delivery of products or services or on preset intervals (e.g., monthly, quarterly, or annually). The bureau/agency that is providing the products or services bills us as follows:
A. Prior to G-Invoicing implementation. The Interior Business Center processes Intergovernmental Payment and Collection System (IPAC) transactions using the obligation number, cost center, and Work Breakdown Structure (WBS) provided on the IAA or IDA form.
B. After G-Invoicing implementation. The servicing agency (seller) uses the G-Invoicing platform to process payment using the GT&C, obligation number, cost center, and WBS provided on the IAA or IDA form (Treasury forms 7600A and 7600B).