a the department of the interior office of the solicitor financial assistance: keeping it legal
TRANSCRIPT
A
The Department of the Interior
Office of the Solicitor
Financial Assistance: Keeping It Legal
Determine Agency Need$ - Goods –
Services – Risk Mgmt
Procurement Contract
Use Procurement Contract
Determine Clear Legal Authority No
Analysis: -Primary Beneficiary-Substantial Invmt-Protect Govt Interest
BureauBureau
GrantAgreement
Partner
Cooperative Agreement
Bureau
PartnerPartner
Determine Agency Need
• Type of Instrument Depends on Objective to be Met
• Purpose and Relation to Mission
• Leverage of $’s, goods, services
“in effect getting more than a dollar’s return for every federal dollar spent”
• Risk Management- protect govt interest
Determine Clear Legal Authority
• Grant and cooperative agreement making authority must be specifically granted to an agency or office.
• It is not inherent and not all DOI bureaus and offices have the authority to award grants and cooperative agreements
• Executive Agencies have procurement contract authority
Determine Clear Legal Authority
• Not merely an appropriation, it must be specific• Must specifically exempt Federal Grant and
Cooperation Agreement Act (FGCAA) - 31 U.S.C. § 6301 et seq.
• Otherwise, use of a cooperative agreement to obtain mission related goods and services violates
Determine Clear Legal Authority
Even if you have authority to award grants and cooperative agreements, this is not also
absolute discretion to find it is the appropriate legal instrument
YOU STILL HAVE TO DO THE ANALYSIS!!!
Types of Agreements
Purpose Agency Role Agency Involvement
Instrument
Acquire goods and/or services for federal direct benefit or use
Purchaser-User Little or no “substantial involvement”
Procurement Contract
Monetary or non-monetary assistance to support or stimulate a public purpose
Financial supporter and partner or participant
Substantial involvement required
Cooperative Agreement
Monetary assistance to support or stimulate a public purpose
Financial supporter or patron
No substantial involvement
Grant
Appropriate Instrument
• FGCAA - 31 U.S.C. § 6301 et seq.
• Procurement Contracts - 31 U.S.C. § 6303
• Grants - 31 U.S.C. § 6304
• Cooperative Agreements - 31 U.S.C. § 6305
Public Purpose
• Not Clearly defined
• Agency Guidance
• Immediate/Direct Benefit to the Government
Substantial Involvement
• Grant or Cooperative Agreement
• Substance / Specific Program
• Difference Disappearing?
Single Source
Single Source Criteria – DM 505 Chapter 2
(1) Unsolicited proposal
(2) Continuation
(3) Legislative intent
(4) Unique Qualifications
(5) Emergencies
$25,000 and above:
- Publish notice / justification