United States Department of Agriculture
Research, Education and Economics
ARS * CSREES * ERS * NASS
Bulletin
| Title: | Memoranda of Understanding and Non-Funded Cooperative Agreements |
| Number: | 03-700 |
| Date: | August 14, 2003 |
| Originating Office: | Extramural Agreements Division, AFM/ARS |
| Distribution: | ARS Headquarters, Areas, and Locations |
| Expires: | August 14, 2004 |
| This bulletin defines policy on the use of Memoranda of Understanding and Non- funded Cooperative Agreements. |
The purpose of this bulletin is to define policy on establishing Memoranda of
Understanding (MOUs) and Non-funded Cooperative Agreements (NFCAs) for projects of mutual
interest between the Agricultural Research Service (ARS) and other parties.
Background
The USDA Office of General Counsel (OGC) has determined that Memoranda of Understanding (MOU) cannot be used to document cooperative relationships between ARS and other parties when the terms of the agreement outline specific duties and responsibilities which commit or exchange ARS resources.
Memoranda of Understanding (MOU) - ARS must have statutory (programmatic) authority to
participate in the project.
Non-funded Cooperative Agreement (NFCA) and Standard Cooperative Agreements - Section
1472(b) of the National Agricultural Research, Extension and Teaching Policy Act of 1977,
as amended. (7 U.S.C 3318(b)).ARS must have statutory (programmatic) authority to
participate in the project.
ARS may enter into NFCAs and MOUs with State agricultural experiment stations,
State cooperative extension services, all colleges and universities, other research
or education institutions and organizations, Federal and private agencies and
organizations, individuals, either foreign or domestic, to further research,
extension, or teaching programs in the food and agricultural sciences.
Authorized Departmental Officer (ADO) - The Agency's official authorized to negotiate, award, administer, suspend, and terminate grants, cooperative agreements and memoranda of understanding.
Authorized Departmental Officer's Designated Representative (ADODR) - The Agency's technical representative, acting within the scope of delegated authority, who is responsible for participating with the Cooperator in the accomplishment of a cooperative agreement's objectives and monitoring and evaluating the Cooperator's performance.
Master Memorandum of Understanding (MMOU) - An agreement between ARS and another party covering a broad area of cooperative work. The MMOU outlines the general principles of cooperation, describes mutual interest and benefit in broad language, identifies responsibilities of both parties.
Memorandum of Understanding - An agreement between ARS and another party(ies) that sets out, in very broad, general terms, a plan for the parties to coordinate their efforts on projects of mutual interest. No specific duties and responsibilities are defined. Only general terms which identify how the parties intend to cooperate are described. There is no substantial commitment of resources by ARS and there is no direct transfer of funding from one party to the other.
Non-funded Cooperative Agreement - An agreement between ARS and another party(s) that describes in detail a jointly planned and executed project of mutual interest. All parties contribute resources and benefit independently in the outcome of the project. It is expected that ARS will commit resources, e.g., salaries, travel expenses, materials and supplies, etc., sufficient to support ARS' performance of the project. There is however, no direct transfer of funding from ARS to the other party(ies).
Standard Cooperative Agreement - A special purpose agreement between ARS and another party that defines a mutually beneficial relationship relative to the use of land, labor, equipment, facilities, livestock, or other resources. There is no direct transfer of funding from one party to the other. The agreement provides that the cooperator shall be compensated for losses suffered due to damage to the property of the owner which is used by ARS employees.
Area Director - The ARS Area Director is responsible for insuring mission relevancy and adherence to Agency policies and procedures with regard to MOUs and/or NFCAs.
Authorized Departmental Officer - The ADO is responsible for; 1) insuring
adherence to the guidance provided in this Bulletin with regard to execution of MOUs and
NFCAs; 2) providing written delegations of authority to the Authorized Departmental
Officer's Designated Representative (ADODR) and/or the LAO/T; 3) insuring ARIS approvals
are received prior to finalization of MOUs and NFCAs.
Authorized Departmental Officer's Designated Representative - The ADODR is
responsible for; 1) developing a statement of work which defines joint program objectives
and responsibilities of the cooperating parties; 2) entering agreement information into
ARIS; 3) submitting the appropriate agreement documentation to the ADO for final
negotiation andexecution of MOUs and NFCAs; 4) obtaining detailed interim and final
progress reports from the cooperator for timely submission to the ADO.
Director, EAD - The Director, Extramural Agreements Division is responsible for; 1)
review, approval and execution of MOUs and/or NFCAs entered into between ARS and foreign
organizations; 2) review and approval of all agreements executed by the ARS Administrator
and/or higher level USDA official; 3) coordinating review of agreements by the USDA,
Office of General Counsel, as necessary for legal interpretation; 4) coordinating review
of all MOUs between ARS and foreign governments with the Office of International Research
Programs, ARS, to obtain Department of State clearances, as necessary.
The Area ADO establishes the agreement number for MOUs and NFCAs. The only
exception is agreements with foreign organizations. Foreign agreements are assigned
numbers by EAD.
The numbering scheme is as follows:
58-XXXX-X-XXX (F) (N/M)
| 58 | XXXX | X | XXXX | F | N or M |
| Agreement Code for Cooperative Agreements | 4th Level mode code identifies the ARS Office/Location responsible for the project | X = Fiscal Year indicator | Sequential Agreement Number assigned at the issuing office | F= Foreign Agreement (as applicable) | N = NFCA M = MOU (as applicable) |
Curtis Wilburn, Jr.,
Director
Extramural Agreements Division
3Attachments:
Master MOU Template
MOU Template
NFCA Template
MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
(Name of Cooperator)
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL RESEARCH SERVICE
The (Name of Cooperator) hereinafter called the Cooperator, and the United States
Department of Agriculture, Agricultural Research Service, hereinafter referred to as ARS,
hereinafter jointly referred to as “the Parties,” hereby affirm their mutual
interest in, and desire to broaden, cooperative research programs and exchanges.
The Parties recognize that cooperation is a matter of working together toward common goals of mutual interest, not merely cooperative financing or sharing of research activities. The Parties also recognize that successful cooperation occurs only through mutual understanding and efficient administration of cooperative programs. Nothing in this broad understanding is to be construed as interfering in any way with the basic responsibilities and authority of either party for independent action.
This Master Memorandum of Understanding (MMOU) defines in general terms the basis for which the Parties will cooperate. Individual projects may be developed between the Parties which outline specific research projects.
ARTICLE I - PURPOSE
The purpose of this Memorandum of Understanding (MMOU) is to strengthen the cooperation between the Parties in a collaborative effort to...(Describe purpose of cooperation). To this end, the Parties agree jointly to explore and coordinate research activities of mutual interest which will be implemented by mutual understanding and in conformity with the regulations and policies of both Parties.
ARTICLE II - MUTUAL INTERESTS
The Parties are currently engaged in and have independent interests ....(Describe
area(s) of mutual interest. The Parties recognize the mutual benefit to be achieved
through cooperative planning and execution of research activities.
ARTICLE III - COOPERATOR CONTRIBUTIONS
To facilitate the cooperative research effort(s) described herein, the
Cooperator agrees to assign staff as may be agreed upon to assist in identifying projects
of mutual interest, as well as aid in planning and implementing research activities.
ARTICLE IV - ARS CONTRIBUTIONS
To facilitate the cooperative research effort(s) described herein, ARS
agrees to assign such members of its staff as may by agreed upon to assist in identifying
projects of mutual interest, as well as aid in planning and implementing research
activities.
ARTICLE V - GENERAL PROVISIONS
The details of future cooperative undertakings shall be planned and executed under the auspices of separate cooperative agreements. Outlines covering goals and objectives, working plans, research methodologies, and procedures shall be prepared jointly. Intellectual Property Rights shall be protected in accordance with mutually acceptable terms as defined by the future individual agreements.
Either party to this agreement shall be free to use any of the results in its official correspondence or publications provided due credit is given to the other party for its contribution(s) to the effort. It is understood that neither party will publish any results from joint research without consulting the other. This is not to be construed as applying for popular publication of previously published technical data. Publication may be joint or independent as may be agreed upon, always giving due credit to the contributions of all parties involved in the joint effort. In case of failure to agree as to the manner of publication or interpretation of results, either party may publish data after 90 days notice and submission of the proposed manuscripts to the other. In such instances the party publishing the data will give due credit to the cooperation but will assume full responsibility for publication and interpretation of results therein.
This MMOU does not constitute a financial obligation to serve as a basis for expenditures. Each party will handle and expend its own funds. All expenditures of ARS funds pursuant to this MMOU must be in accordance with ARS and Departmental rules and regulations, and in each instance they must be based on appropriate fiscal documents such as a lease, contract, extramural agreement, purchase order, letter of authorization, etc. Expenditures made by the Cooperator will be according to its own governing rules and regulations.
Either party shall be free to purchase and use any equipment needed to achieve the goals of this agreement. Equipment purchased with ARS funds shall remain the property of ARS and shall be subject to removal or other disposition by ARS at any time. Equipment purchased with the Cooperators' funds shall remain the property of the Cooperator and shall be subject to removal or other disposition by the Cooperator at any time.
The responsibilities assumed by each of the cooperating parties are contingent upon funds being made available from which expenditures may be legally made.
This MMOU will come into effect from the date of the last signature and will be valid indefinitely. The parties agree to review this MMOU every 5 years to determine the need to continue, amend or terminate this MMOU. The MMOU may be modified only by mutual agreement between the Parties in writing, and may be discontinued at the request of either party. Requests for any major change shall be submitted to the other party not less than 90 calendar days prior to the proposed effective date. Termination requests shall be sent to the other party not less than 90 calendar days prior to the desired effective date.
Copies of all correspondence concerning this MMOU shall be sent to the following:
Authorized Departmental Officer Cooperator's Contact Person
(Name and Address)
Signed and dated this ____day of (month/year).
_________________________
__________________________
Administrator,
ARS
Cooperator's Designated
Rep.
MEMORANDUM OF UNDERSTANDING
BETWEEN
“COOPERATOR'
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL RESEARCH SERVICE
Enter name of Cooperator, hereinafter referred to as the Cooperator, and the
United States Department of Agriculture, Agricultural Research Service, hereinafter
referred to as ARS, hereinafter jointly referred to as “the Parties,” hereby
affirm their mutual interest in, and desire to broaden, cooperative research programs and
exchanges.
The Parties recognize that cooperation is a matter of working together toward common
goals of mutual interest, not merely cooperative financing or sharing of research
activities. The Parties also recognize that successful cooperation occurs only through
mutual understanding and efficient administration of cooperative programs. Nothing in this
broad understanding is to be construed as interfering in any way with the basic
responsibilities and authority of either party for independent action.
This Memorandum of Understanding (MOU) defines in general terms the basis for which the Parties will cooperate. Individual projects may be developed between the Parties which outline specific research projects.
ARTICLE I - PURPOSE
The purpose of this agreement is to strengthen the cooperation between the Parties in a collaborative effort to...Describe purpose of cooperation. To this end, the Parties agree jointly to explore and coordinate research activities of mutual interest which will be implemented by mutual understanding and in conformity with the regulations and policies of both Parties.
ARTICLE II - MUTUAL INTERESTS
The Parties are currently engaged in and have independent interests in
research designed to...Describe area(s) of Mutual Interest. The Parties recognize
the mutual benefit to be achieved through cooperative planning and execution of research
activities.
ARTICLE III - COOPERATOR CONTRIBUTIONS
To facilitate the cooperative research effort(s) described herein, the Cooperator agrees to:
Assign Center staff as may be agreed upon to assist in identifying projects of mutual interest, as well as aid in planning and implementing research activities; jointly develop and facilitate an exchange program of scientific personnel; and furnish suitable land, facilities, equipment, supplies, labor, funds and other items required to support collaborative research activities as mutually agreed to.
ARTICLE IV - ARS CONTRIBUTIONS
To facilitate the cooperative research effort(s) described herein, ARS agrees to:
Assign such members of its staff as may by agreed upon to assist in identifying projects of mutual interest, as well as aid in planning and implementing research activities; jointly develop and facilitate an exchange program of scientific personnel; and furnish suitable land, facilities, equipment, supplies, labor, funds and other items required to support collaborative research activities as mutually agreed to.
ARTICLE V - GENERAL PROVISIONS
The details of future cooperative undertakings shall be planned and executed under the auspices of separate agreements between the Cooperator and ARS. Outlines covering goals and objectives, working plans, research methodologies, and procedures shall be prepared jointly. Intellectual Property Rights shall be protected in accordance with mutually acceptable terms as defined by the future individual agreements.
Either party to this Agreement shall be free to use any of the results in its official correspondence or publications provided due credit is given to the other party for its contribution(s) to the effort. It is understood that neither party will publish any results from joint research without consulting the other. This is not to be construed as applying for popular publication of previously published technical data. Publication may be joint or independent as may be agreed upon, always giving due credit to the contributions of all parties involved in the joint effort. In case of failure to agree as to the manner of publication or interpretation of results, either party may publish data after 90 days notice and submission of the proposed manuscripts to the other. In such instances the party publishing the data will give due credit to the cooperation but will assume full responsibility for publication and interpretation of results therein.
This Agreement does not constitute a financial obligation to serve as a basis for expenditures. Each party will handle and expend its own funds. All expenditures of ARS funds pursuant to this Agreement must be in accordance with ARS and Departmental rules and regulations, and in each instance they must be based on appropriate fiscal documents such as a lease, contract, extramural agreement,purchase order, etc. Expenditures made by the Cooperator will be according to its' own governing rules and regulations.
Either party shall be free to purchase and use any equipment needed to achieve the goals of this agreement. Equipment purchased with ARS funds shall remain the property of ARS and shall be subject to removal or other disposition by ARS at any time. Equipment purchased with the Cooperator's funds shall remain the property of the Cooperator's and shall be subject to removal or other disposition by the Cooperator at any time.
Each party will maintain appropriate kinds on insurance coverage to ensure that their employees and property are protected if damaged, injured, or killed, as appropriate. If the Cooperator elects not to obtain insurance coverage for its' employees that use ARS equipment, facilities, supplies, and materials, then the Cooperator grants ARS immunity from all claims arising from the Cooperator's use of such equipment, facilities, supplies, and materials.
The responsibilities assumed by each of the cooperating parties are contingent upon funds being made available from which the expenditures may be legally made.
This Agreement may be modified only by mutual agreement between the Parties in writing, and may be discontinued at the request of either party. Requests for any major change shall be submitted to the other party not less than 90 calendar days prior to the proposed effective date. Termination requests shall be sent to the other party not less than 90 calendar days prior to the desired effective date.
Copies of all correspondence concerning this Agreement shall be sent to the following:
AUTHORIZED DEPARTMENTAL OFFICER
Agreement No. 58-XXXX-X-XXXX
Name of Cooperator - City, State
OBJECTIVE:
The objective of this cooperative research project is to......
APPROACH:
(Describe plans for achieving goals/objectives of the research project)
STATEMENT OF MUTUAL INTEREST:
(Identify independent and mutual interest in the project)
Both parties are actively engaged in independent research projects which...... (Relate
to project title). The parties agree that meeting the objectives of this project
will strengthen and enhance ongoing research within the scope of this agreement.
THE COOPERATOR AGREES TO:
(Outline specific duties and responsibilities necessary for successful completion
of the project objective(s)).
ARS AGREES TO:
(Outline specific duties and responsibilities necessary for successful completion
of the project objectives).
MUTUAL AGREEMENTS: