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 Bureau Grant Agreement Partner Cooperative Agreement Bureau Partner

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 PurposeAgency RoleAgency 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 Phone(202) Fax (202)

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