a the department of the interior office of the solicitor financial assistance: keeping it legal

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

Questions…

Sheryl Rakestraw

sheryl.rakestraw@sol.doi.gov

Phone (202) 208-4446

Fax (202) 208-6475

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