BIA-AGR-2002-1

**INTERAGENCY AGREEMENT NO.** *(If applicable, insert modification no.)*

**BETWEEN**

**THE UNITED STATES DEPARTMENT OF THE INTERIOR (DOI)**

**BUREAU OF INDIAN AFFAIRS (BIA)**

*(Insert Central Office/Regional Office/Field Agency Name)*

**AND**

**THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)** (Insert name of
Servicing/Requesting Agency Name)

**FOREST SERVICE** (Central Office/Regional Office/Field Agency Name)

**Short Title/Purpose**

Hereinafter the [(Insert name of office)]{.underline} will be referred
to as the Requesting Agency, [(Insert name of the office)]{.underline}
will be referred to as the Servicing Agency, and Interagency Agreement
will be referred to as the IA.

> **1. AUTHORITY.**
>
> *(NOTE: Include any other acquisition and program authority, as may be
> appropriate (see DIAR 1417.504(d)).*
>
> *Economy Act of June 30, 1932 (31 U.S.C. 1535); FAR 17.5, Interagency
> Acquisitions Under the Economy Act; BIA-Acquisition Guidance Release
> 99-1, Interagency Agreements; DOI Acquisition Regulation System Part
> 1417; 25 CFR 163.70, Cooperative Agreements; 42 USC 1856a, Authority
> to Enter into Reciprocal Agreement, Waiver of Claims, Reimbursement;
> 42 USC 1856a-1, Authority to Enter into Contracts with State and Local
> Governmental Entities; 42 USC 1856b, Emergency Assistance.*
>
> *Federal law and [Laws of the State of (state the
> State))]{.underline}, which are not inconsistent with applicable
> Federal law, will govern the agreement.)*

**2. BACKGROUND.**

**3. PURPOSE.**

> *(NOTE: Remember, any purpose must satisfy 3 basic essentials:
> clarity, preciseness, and completeness.*

**4. SCOPE OF SERVICES.**

> *(NOTE. Answer 4 basic questions:*

-   *What needs to be done?*

-   *When and sometimes where, will it be done?*

-   *What will the final accomplishments be?*

-   *How will the final accomplishments be inspected and accepted?*

**5. RESPONSIBILITIES.**

A.  *Insert name of Servicing Agency.*

B.  *Insert name of Requesting Agency.*

**6. IA ADMINISTRATION (PARTICIPANTS) CONTACTS.**

> A. Requesting Agency (Insert name).
>
> \(1\) Contact Office.
>
> (Include Name, Title, Address, Telephone, Fax, E-mail.)
>
> B. Servicing Agency (Insert name).
>
> \(1\) Contact Office.
>
> (Include Name, Title, Address, Telephone, Fax, E-mail.)

**7. IA ACQUISITION (PRINCIPLE) CONTACTS.**

> A. Insert name of Requesting Agency.

1.  Finance/Billing Office.

> (Include Name, Title, Address, Telephone, Fax, E-mail.)

2.  Contracting Officer Office.

> (Include Name, Title, Address, Telephone, Fax, E-mail.)
>
> B. Insert name of Servicing Agency.
>
> 1\. Finance/Billing Office.
>
> (Include Name, Title, Address, Telephone, Fax, E-mail.)

3.  Contracting Officer Office.

> (Include Name, Title, Address, Telephone, Fax, E-mail.)

**8. PAYMENT AND BILLING**.

> A. Funding method: (*State something to the effect.* *Payment will be
> by (OPAC, Federal or ACH, non-Federal). NOTE: IF payment is by ACH,
> the Servicing Agency must complete and attach to the agreement the
> "ACH Vendor Payment System Payment Information Form".)*
>
> B. Funding Amount [(if multi-year, include funding information for
> each FY to be covered.)]{.underline}

1.  FY *[XXXX]{.underline}* Funding Data.

> **[FY *XXXX*]{.underline}**
>
> **[Office]{.underline} [Accounting Structure]{.underline} [Funding
> Amount]{.underline}**

C.  Reimbursement of Funds:

> \(1\) Paying Office (original)

(2) Request for payment shall cite:

> \(a\) *Insert name of Servicing Agency.*
>
> Interagency Agreement No.:
>
> Accounting Appropriation Data:
>
> Object Code:
>
> Agency Location Code (ALC)

(b) *Insert name of Requesting Agency.*

> Interagency Agreement No.:
>
> Accounting Appropriation Data:
>
> Object Code:
>
> Agency Location Code (ALC)

**9. TERMS OF AGREEMENT**.

A.  AMENDMENT.

    1.  Either party may initiate amendments within the scope of
        services. Proposed amendments must be submitted to the other
        party not less than thirty (30) days prior to the desired
        implementation date and must be agreed to and approved in
        writing by both parties.

> \(2\) Any changes to the provisions of this IA will be by a written
> amendment signed by the all parties hereto.
>
> \(3\) Verbal or written statement by a person not a party hereto has
> no substance in fact and is not binding on the signing parties hereto.
>
> B. TERM OF AGREEMMENT.
>
> \(1\) *(NOTE: Suggested wording: The term of the agreement will
> commence on the date of the signature of the party last signing and
> will continue for [(insert years)]{.underline} unless terminated
> pursuant to Provision 11C. The initial year-end will be the end of the
> government fiscal year [(state the end of the applicable fiscal
> year]{.underline} and each fiscal year thereafter.*
>
> C. TERMINATION.
>
> \(1\) *(NOTE: Suggested wording: This agreement may be terminated by
> either of the parties hereto upon written notice from either party
> delivered to the other party 30-days prior to the intended date of
> termination. By such termination, neither party may nullify
> obligations already incurred for performance or failure to perform
> prior to the date of termination. Additionally, the [(Insert the
> Requesting Agency name]{.underline} will receive the product,
> partially or fully completed, developed and paid for through date of
> termination.)*
>
> D. OPTIONS.
>
> \(1\) (NOTE: If options are associated with this IA, suggested
> working: Option Years are designated as follows:
>
> [(Associate Option Years to FY as identified in the IA.)]{.underline}
>
> E. DISPUTES AND MEDIATION
>
> \(1\) *(NOTE: Suggested wording: In the event that any of the
> provisions of this agreement is the subject of a dispute, conflict or
> are ambiguous with one another and cannot be mutually resolved between
> the contact persons of Item 4 IA Administration Contacts, the
> decisions of the finance persons and contracting officers of Item 5 IA
> Acquisition Contacts will be binding in the interpretation of the
> dispute, conflict or ambiguity. In the event a third party is used for
> mediation, the parties hereto will equally share the cost of the
> mediator. The decision of the mediator will be binding on all parties
> hereto.*
>
> F. OBLIGATIONS.
>
> \(1\) The Servicing Agency is not obligated to perform services before
> the Requesting Agency has added funds to the IA. The Requesting Agency
> is obligated to add funds in a timely manner.
>
> G. POLICY.
>
> \(1\) All procurement actions taken by [(Insert Servicing Agency
> name]{.underline} will be in accordance with the procedures under the
> appropriation funding guidelines of the [(Insert Requesting Agency
> name) .]{.underline}
>
> H. ADMINISTRATIVE FEES.
>
> \(1\) Administrative fees of the Servicing Agency are: [(Insert the
> fee schedule or state "no fees".)]{.underline}
>
> I. DISSEMINATION.
>
> \(1\) The Contracting Officer, Requesting Agency will distribute
> copies of the IA or amendments within ten (10) working days after
> execution of all parties. At a minimum the Contracting Officer,
> Requesting Agency will:
>
> \(a\) Distribute simultaneously one signed copy or reproduction of the
> signed IA to the offices mentioned in Item VI, and VII, and to the
> finance office (funding office) whose funds are cited in the IA.
>
> J. REQUESTS FOR IA INTERPRETION OF PROVISIONS.
>
> \(1\) All requests for interpretation of the IA provisions and third
> party requests for information will be in writing addressed to the
> Contracting Officer, Requesting Agency.
>
> K. CONTRACTUAL ARRANGEMENTS.
>
> \(1\) *(NOTE: If the Servicing Agency has contracted for a portion or
> all of the services attach a copy to the IA. If not, state that all
> the services will be performed by the Servicing Agency.)*
>
> L. UNEXPENDED FUNDS.
>
> \(1\) Unexpended funds will carry forward into the subsequent Fiscal
> Year provided the IA has not ended. In the event the IA has ended, the
> Requesting Agency will request the Servicing Agency to refund any
> advance of funds. Upon receipt of the advance of funds, if any, the
> Requesting Agency will deobligate the balance of funds.
>
> M. INQUIRES.
>
> \(1\) All inquires will be directed to the contracting officer of the
> Requesting Agency.
>
> N. COMMUNICATION AND COOPERATION.
>
> \(1\) Formal and informal exchange of information by and between
> administrators of the IA in a timely manner will promote efficient
> accomplishment of the scope of services.
>
> O. LIABILITY.
>
> \(1\) The Servicing Agency and the Requesting Agency will be liable
> for its own negligence and other torts under the terms of the Federal
> Torts Claims Act, 28 USC Section 2671-2680 (1999). The Servicing
> Agency and the Requesting Agency may be liable for other actions and
> inactions as permitted by applicable law.
>
> P. RELEASE OF CLAIMS.
>
> \(1\) The Requesting Agency, upon final payment of the amount(s) due
> under the IA releases the Servicing Agency its officers, agents, and
> employees from all liabilities, claims and obligations whatsoever
> arising from under the agreement. The Requesting Agency agrees not to
> assert to bind the Servicing Agency to any obligation not agreed to
> unless the Servicing Agency has express written authority do so, and
> then only within strict limitations of that authority.
>
> Q. CONFIDENTIALITY.
>
> \(1\) Any confidential information provided to or developed by the
> parties hereto in the performance of the IA will be kept confidential
> and will not be made available to any individual or organization
> without the prior approval of the parties thereto
>
> R. SCOPE OF AGREEMENT.
>
> \(1\) This IA includes all agreements, covenants, and understandings
> between the parties hereto concerning the Scope of Services. No prior
> agreement, covenant or understanding, verbal or in writing, of the
> parties or their agents will be valid or enforceable unless included
> in this IA.

**10. ACCEPTANCE AND APPROVAL.**

> A. Acceptance.
>
> \(1\) Servicing Agency
>
> Name and Title Date
>
> Contracting Officer (If required) Date
>
> \(2\) Requesting Agency
>
> Name and Title Date
>
> (Region/Agency Office)
>
> Contracting Officer Date