MEMORANDUM OF UNDERSTANDING

PURSUANT TO THE ECONOMY ACT

THROUGH WHICH

***\[name of your operating unit\]***

U.S. DEPARTMENT OF COMMERCE

IS PURCHASING

***\[state what you are purchasing\]***

FROM

***\[name of other agency\]***

**Agreement No.\_\_\_**

1\. [PARTIES AND PURPOSE]{.underline}

This Memorandum of Understanding (MOU) establishes an agreement between
the ***\[name of DOC office\]***, U.S. Department of Commerce (DOC) and
***\[name of other agency\]*** through which ***\[name of DOC
office\]*** will pay ***\[name of other agency\]*** for ***\[provide a
general description of the good/service for which DOC is paying\].***

2\. [BACKGROUND]{.underline}

***\[Provide background information which addresses why we are
requesting the goods/services.\]***

3\. [AUTHORITY]{.underline}

The authorities for DOC and ***\[name of other agency\]*** to enter into
this agreement are:

\(1\) the Economy Act, 31 U.S.C. \' 1535, which provides that an agency
may place an order with a major organizational unit within the same
agency or another agency for goods or services if:

\(A\) amounts are available;

\(B\) the ordering agency decides the order is in the best interest of
the United States Government;

\(C\) the agency to fill the order is able to provide or get by contract
the ordered goods or services; and

\(D\) the agency decides ordered goods or services cannot be provided by
contract as conveniently or cheaply by a commercial enterprise (payments
must be made on the basis of the actual cost of goods or services
provided); and

\(2\) ***\[set forth your operating unit\'s legal authority under which
it is making the purchase for goods/or services, i.e., the programmatic
authority to which the purchase is related.\]***

\(3\) ***\[set forth other agency's legal authority under which is
providing requested goods/services.\]***

4\. [ECONOMY ACT FINDINGS]{.underline}

As set forth in the attached \"Determination and Finding Pursuant to 48
CFR 17.503,\" ***\[name of DOC office\]*** warrants that sufficient
funding amounts are available, that this agreement is in the best
interest of the United States Government, and that the services
requested cannot be provided by contract as conveniently or cheaply by a
commercial enterprise.

5\. [TERMS AND CONDITIONS]{.underline}

This section must include the following information:

a\) delivery requirements

b\) amount and method of payment (e.g. whether payments will be monthly,
quarterly, in advance)

c\) method and frequency of performance reporting

d\) This agreement is subject to the availability of funds.

6\. [ACCOUNTING DATA]{.underline}

Treasury Account Symbol (TAS)/Appropriation Code:

Commerce:

These funds will expire on \_\_\_\_\_\_\_\_\_\_\_\_.

\[name of other agency\]:

Business Event Type Code:

Commerce:

\[name of other agency\]:

Business Partner Network (BPN) number/DUNS number:

Commerce:

\[name of other agency\]:

Amounts will be deobligated to the extent that the servicing agency has
not incurred obligations before the end of the period of availability of
that appropriation. ***\[NOTE: your office may ask for advance payment
for all of part of the estimated costs of furnishing the supplies or
services, or payment may be made after the supplies and services have
been furnished. Under no circumstances will the amount paid be more than
the actual costs of the goods or services.\]***

7\. [DURATION OF AGREEMENT AND AMENDMENTS]{.underline}

This agreement will become effective when signed by the parties. The
agreement will terminate on ***\[date\]***, but may be amended at any
time by mutual written consent of the parties. ***\[NOTE: Agreements
should not exceed the period of availability of the funds.\]***

8\. [TERMINATION AND CANCELLATION CLAUSE]{.underline}

Any party may terminate this agreement by providing \_\_\_\_ days
written notice to the other party. If the requesting agency cancels the
order, the providing agency is authorized to collect costs incurred
prior to cancellation of the order plus any termination costs. The total
value of the agreement, including termination costs, will not exceed
\_\_\_\_\_\_.

9\. [RESOLUTION OF DISAGREEMENTS]{.underline}

Should disagreement arise on the interpretation of the provisions in
this agreement, the dispute shall be resolved pursuant to the Business
Rules for Intragovernmental Transactions delineated in the Treasury
Financial Manual, Vol. 1, Bulletin 2007-03, Section VII (Resolving
Intragovernmental Disputes and Major Differences).

10\. [CONTACTS]{.underline}

The contacts of each party to this agreement are: ***\[NOTE: You must
include both administrative and technical points of contact.\]***

> ***\[Name of DOC contact\]***
>
> ***\[title\]***
>
> ***\[address\]***
>
> phone:
>
> fax :
>
> E-mail:
>
> ***\[Name of other party\'s contact person\]***
>
> ***\[title\]***
>
> ***\[address\]***
>
> phone:
>
> fax:
>
> E-mail:

The parties agree that if there is a change regarding the information in
this section, the party making the change will notify the other party in
writing of such change.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

***\[signature\--must be an official with authority to sign Economy Act
Agreements\]***

***\[typed name\]***

***\[typed title\]***

***\[typed office at DOC\]***

U.S. Department of Commerce

***\[typed address\]***

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

***\[date\]***

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

***\[signature of person who has authority to commit other party to the
Economy Act Agreement\] \[typed name\]***

***\[typed title\]***

***\[typed name of other agency\]***

***\[typed address of other agency\]***

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_***\[date\]***

Attachment

*DETERMINATION AND FINDING [PURSUANT TO 48 CFR 17.503]{.underline}*

***\[Name of DOC office\]*** warrants:

\_\_\_\_\_ that sufficient funding amounts are available;

\_\_\_\_\_ that this agreement is in the best interest of the United
States Government; and

\_\_\_\_\_ that the services requested cannot be provided by contract as
conveniently or cheaply by a commercial enterprise. ***\[NOTE: place a
check in each space for each finding to indicate it has been
substantiated.\]***

It has been determined that this Economy Act order:

\_\_\_\_\_ does not require contracting action by the servicing agency;
or

\_\_\_\_\_ does require contracting action by the servicing agency and
that one of the following circumstances exists:

***\_\_\_\_\_*** the acquisition will appropriately be made under an
existing contract of the servicing agency, entered into before placement
of the order, to meet the requirements of the servicing agency for the
same or similar supplies or services;

\_\_\_\_\_ the servicing agency has capabilities or expertise to enter
into a contract for such supplies or services which is not available
within the requesting agency; or

\_\_\_\_\_ the servicing agency is specifically authorized by law or
regulation, *i.e.*, ***\[set forth the citation for the law or
regulation\]***, to purchase such supplies or services on behalf of
other agencies. ***\[NOTE: place a check in each space above that
applies.\]***

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

***\[name of DOC official who has authority***

***to sign this D&F, i.e., either a***

***contracting officer or other official designated by***

***the agency to sign the D&F. If the servicing agency is not covered by
the Federal Acquisition Regulations, approval of the D&F may not be
delegated below the senior procurement executive of the Department.\]***

***\[title and office\]***

***\[contact information\]***

U.S. Department of Commerce

Date:\_\_\_\_\_\_\_\_\_\_\_\_