**[MEMORANDUM OF AGREEMENT (MOA)]{.underline}**

**[BETWEEN]{.underline}**

**[DEPARTMENT OF DEFENSE]{.underline}**

**[AND]{.underline}**

**[GENERAL SERVICES ADMINISTRATION]{.underline}**

**BACKGROUND:** The General Services Administration (GSA) is charged by
statute to provide real property, personal property and services to all
federal agencies. The services provided by GSA are not subject to the
Economy Act, they are provided under the authority of the Federal
Property and Administrative Services Act of 1949 (FPASA). Some of the
services provided by GSA are mandatory sources of supply, most are not.
The Department of Defense (DoD) is the single largest customer of GSA.
DoD utilizes all of GSA's contract vehicles and services. There has
never been an agreement between DoD and GSA on the roles and
responsibilities of each respective agency in terms of providing
services or in using the services provided. This MOA and Action Plan
identify roles and responsibilities for both DoD and GSA. Much of what
is set forth below reflects work that has already begun, this document
memorializes those actions.

**OBJECTIVE:** DoD and GSA share a single objective of providing best
value goods and services, in a timely manner, in support of the
warfighter. To achieve this objective both DoD and GSA agree that we
must achieve Acquisition Excellence.

**AGREEMENT:** In order to achieve Acquisition Excellence, DoD and GSA
agree to work together to:

1\. Ensure that sole source justifications are adequate when used in
connection with a contract or order either issued by DoD or by GSA in
support of DoD.

2\. Ensure that Statements of Work (SoW) or Performance Work Statements
(PWS) are complete when used in connection with a contract or order
either issued by DoD or by GSA in support of DoD.

3\. Ensure that Interagency Agreements (IAs) between DoD and GSA for
work to be performed by GSA on behalf of DoD describe the work to be
performed and any other applicable requirements.

4\. Develop standardized content for IAs.

5\. Ensure that price reasonableness determinations are completed on
every contract or order either placed by DoD or by GSA on behalf of DoD.

6\. Ensure that acquisition practices across GSA are consistent and
applied consistently with GSA policy.

7\. Ensure that contract surveillance and oversight requirements are
defined, adequate and implemented when used in connection with a
contract or order either issued by DoD or by GSA in support of DoD.

8\. Ensure that funding oversight/management is adequate when used in
connection with a contract or order either issued by DoD or by GSA in
support of DoD.

9\. Ensure that contracts or orders either issued by DoD or by GSA in
support of DoD fully comply with the requirements of the Anti-Deficiency
Act (ADA).

10\. Ensure that acquisition planning is done before and after work is
assigned to GSA.

11\. Ensure that a DoD contacting officer reviews work before the work
is accepted by GSA.

12\. Ensure that DoD customers provide quality Military
Interdepartmental Purchase Requests (MIPRs) (or other comparable
documents) to GSA for assisted acquisitions.

13\. Ensure that pricing on GSA contract vehicles and the services it
provides represents the best value on a contract/order basis.

14\. Ensure that GSA's fee structure keeps its cost recovery consistent
with existing guidance and that it is the lowest possible commensurate
with the service provided.

15\. Ensure that adequate price competition is obtained for contracts or
orders either issued by DoD or by GSA in support of DoD in accordance
with statutory and regulatory requirements.

16\. Ensure sufficient contractor oversight is performed to detect
potential non-performance and/or non-compliance issues and ensuring that
contractor past performance is documented properly and in a timely
manner for contracts or orders either issued by DoD or by GSA in support
of DoD.

17\. Ensure requirements are stated in "performance based" terms to the
maximum extent possible, consistent with statute and regulation in
connection with a contract or order either issued by DoD or by GSA in
support of DoD.

18\. Ensure training and education opportunities are made available to
GSA Client Support Centers and their DoD customers.

19\. Ensure timely and accurate data is reported in the Federal
Procurement Data System-Next Generation (FPDS-NG) in connection with a
contract or order either issued by DoD or by GSA in support of DoD.

20\. Define information requirements and then ensure DoD customers are
provided with timely and accurate reports on GSA assisted acquisition
support in connection with a contract or order issued by GSA in support
of DoD.

21\. Ensure funds provided GSA by DoD in excess of contract requirements
are deobligated in a timely manner and such results are reported to DoD
customers in connection with a contract or order issued by GSA in
support of DoD.

22\. Ensure and foster open lines of communication between DoD and GSA
leadership and promoting "Acquisition Excellence," within the two
organizations.

As partners, DoD and GSA recognize the need to collaborate on
Interagency Acquisition requirements. As individual organizations, each
have specific responsibilities in all parts of this plan to ensure that
all acquisitions conducted by DoD utilizing GSA contract vehicles or on
behalf of DoD by GSA contracting officers are compliant with statute,
regulation and applicable policy. Collectively, the two organizations
have the ability and expertise to ensure that all contracting actions
are done properly, in compliance with all applicable law, regulation and
policy and in the best interests of the taxpayer. GSA values greatly the
support that it provides to DOD and the tremendous additional leverage
that DOD adds to GSA's buying power on behalf of all agencies. DoD is
committed to sound acquisition planning and to providing GSA with clear
directions regarding what it wants acquired on its behalf. GSA is
committed to ensuring that contracting actions done for and on behalf of
DOD are of the highest quality, best value, and enhance DOD's abilities
to achieve its mission while also providing for more effective and
efficient acquisitions for the American people.

Attached is an Action Plan that more specifically defines DoD and GSA's
respective roles and responsibilities with regard to the agreements
above. This chart may be modified periodically to update those roles and
responsibilities without changing the agreements herein. A quarterly
meeting will be held with DoD and GSA senior leadership to evaluate and
address the effectiveness of this plan and identify emerging Interagency
Acquisition issues.

+---------------------------------+------------------------------------+
|                                 |                                    |
+---------------------------------+------------------------------------+
| Emily Murphy                    | Shay Assad                         |
|                                 |                                    |
| Chief Acquisition Officer       | Director, Defense Procurement &    |
|                                 | Acquisition Policy, OUSD(AT&L)     |
| General Services Administration |                                    |
|                                 | Department of Defense              |
+---------------------------------+------------------------------------+
| Date:                           | Date:                              |
+---------------------------------+------------------------------------+

+--------------------------------------------+----------------+-------+
| **Action**                                 | **Date**       | **MOA |
|                                            |                | I     |
|                                            |                | tem** |
+--------------------------------------------+----------------+-------+
| 1\. GSA will issue Acquisition Letter(s),  | Begin: January | 1-11  |
| supplements or Acquisition Alerts, as      | 2007 and       |       |
| necessary, related to the final IG         | ongoing        |       |
| findings.                                  |                |       |
+--------------------------------------------+----------------+-------+
| 2\. GSA will develop video tape and        | Begin: August  | 1-11  |
| on-line training for all GSA 1102s. Make   | 2006           |       |
| available and leverage existing learning   |                |       |
| and job support assets on the GSA Center   | Posting        |       |
| for Acquisition Excellence and integrate   | completed Jan  |       |
| into DAU learning and job support assets   | 1, 07          |       |
| and repositories as appropriate.           |                |       |
+--------------------------------------------+----------------+-------+
| 3\. GSA will use its Procurement           | Begin: January | 1-10  |
| Management Reviews (PMRs) to review and    | 2007 and       |       |
| identify deficiencies and areas of         | ongoing        |       |
| weakness as identified in DoD and GSA IG   |                |       |
| reports, and the GSA CAO will issue a PMR  |                |       |
| Items of Interest memo to the FAS          |                |       |
| Commissioner, copy to the relevant GSA     |                |       |
| Regional Administrators.                   |                |       |
+--------------------------------------------+----------------+-------+
| 4\. DoD will use the Intradepartmental     | Complete:      | 1-12  |
| Task Force on Interagency Acquisitions     | March 2007     |       |
| (AT&L, DIJSD(C)), established in May 2006, |                |       |
| to evaluate the IPR, MIPR process. Report  |                |       |
| findings and recommend corrective actions  |                |       |
| as necessary.                              |                |       |
+--------------------------------------------+----------------+-------+
| 5\. DoD will revise DoD Instruction        | Complete:      |       |
| 4000.19 \"Inter service and                | September 2007 |       |
| intergovernmental support ( August 1995)   |                |       |
| as necessary.                              |                |       |
+--------------------------------------------+----------------+-------+
| 6\. DOD USD A\'L\'&L will issue a policy   | Complete:      | 10-12 |
| memorandum to require a DoD contracting    | December 2006  |       |
| officer review of each acquisition greater |                |       |
| than \$500,000 is to be placed on contract |                |       |
| by a non-DoD contracting officer           |                |       |
| (effective January 2006).                  |                |       |
+--------------------------------------------+----------------+-------+
| 7\. DoD USD and AT&L will issue a policy   | Complete:      | 1-4,  |
| memorandum establishing the DoD policy on  | February 2007  | 6-9   |
| contract administration roles and          |                |       |
| responsibilities when, purchasing goods or |                |       |
| services through non-DoD agencies.         |                |       |
+--------------------------------------------+----------------+-------+
| 8\. DoD/DAU will evaluate and revise       | Complete: June | 7, 8, |
| existing course materials as necessary on  | 2007           | 12    |
| bona fide need, appropriation law, and     |                |       |
| proper acquisition planning, and contract  |                |       |
| administration for assisted acquisitions.  |                |       |
+--------------------------------------------+----------------+-------+
| 9\. GSA and DoD will jointly issue a       | Complete:      | 10    |
| memorandum to emphasize proper acquisition | February 2007  |       |
| planning when the Department utilizes      |                |       |
| contract vehicles of GSA or contract       |                |       |
| support provided by GSA to DoD.            |                |       |
+--------------------------------------------+----------------+-------+
| 10\. GSA and DoD will jointly develop      | Begin: January | 1-4,  |
| standardized content for Interagency       | 2007           | 6-9,  |
| Agreements. Special emphasis areas will    |                | 12,   |
| include:                                   | Complete:      | 13,   |
|                                            | March 2007     | 21    |
| • Identified roles and responsibilities of |                |       |
| DoD and GSA                                |                |       |
|                                            |                |       |
| • Justification for sole source            |                |       |
| procurements                               |                |       |
|                                            |                |       |
| • Quality assurance surveillance plans     |                |       |
|                                            |                |       |
| • Statements of work requirements          |                |       |
|                                            |                |       |
| • Fair and reasonable price determination  |                |       |
|                                            |                |       |
| • Funding oversight/management, including  |                |       |
| the timely deobligation of excess fluids.  |                |       |
+--------------------------------------------+----------------+-------+
| 11\. GSA and DoD will execute a Memorandum | Complete:      |       |
| of Agreement (MOA) between DoD and GSA     | December 06    |       |
| that establishes specific roles and        |                |       |
| responsibilities for interagency           |                |       |
| acquisitions.                              |                |       |
+--------------------------------------------+----------------+-------+
| 12\. GSA and DoD will allow DoD access to  | Complete:      |       |
| GSA\'s Acquisition Planning Wizard eTool.  | February 2007  |       |
+--------------------------------------------+----------------+-------+

+---------------------------------------------+----------------+-------+
| **Action**                                  | **Date**       | **MOA |
|                                             |                | I     |
|                                             |                | tem** |
+---------------------------------------------+----------------+-------+
| 13\. GSA will conduct comprehensive         | Begin: January | 18    |
| training for the Regions.                   | 2007           |       |
+---------------------------------------------+----------------+-------+
| 14\. GSA will commence standardized         | Begin: April   | 14,   |
| quarterly data reporting to DoD (First      | 2007 and       | 17,   |
| quarter FY 2007 data), inclusive of fees    |                | 19    |
| paid (value added proposition) by DoD to    | Ongoing        | and   |
| GSA.                                        |                | 20    |
+---------------------------------------------+----------------+-------+
| 15\. GSA will perform comprehensive review  | Begin: January | 13    |
| of targeted GSA schedules to ensure         | 2007 Complete  |       |
| competitive market pricing has been         | September 2007 |       |
| established.                                |                |       |
+---------------------------------------------+----------------+-------+
| 16\. GSA will perform follow-on review of   | Begin:         | 15    |
| compliance with DoD competition             | February 2007  |       |
| requirements, including Section 803 2002    | and ongoing    |       |
| NDAA.                                       |                |       |
+---------------------------------------------+----------------+-------+
| 17\. DoD USD AT&L will issue a policy       | Complete:      | 16    |
| memorandum establishing the DoD policy on   | January 2007   |       |
| roles and responsibilities related to the   |                |       |
| proper capture of past performance          |                |       |
| information in the federal past performance |                |       |
| data base (Past Performance Information     |                |       |
| Retrieval System) (PPIRS).                  |                |       |
+---------------------------------------------+----------------+-------+
| 18\. DoD will issue a memorandum to:        | Complete:      | 16,   |
|                                             | January 2007   | 17,   |
| • emphasize the need to use \"performance   |                | 21    |
| based\" requirements to the maximum extent  |                |       |
| possible                                    |                |       |
|                                             |                |       |
| • emphasize holding contractors accountable |                |       |
| for non-performance and                     |                |       |
|                                             |                |       |
| • emphasize the need to deobligate funds in |                |       |
| a timely manner.                            |                |       |
+---------------------------------------------+----------------+-------+
| 19\. GSA and DoD will conduct collaborative | Begin: June    | 18    |
| training in all GSA Regions.                | 2007           |       |
+---------------------------------------------+----------------+-------+
| 20\. GSA and DoD will collaborate on all    | Begin:         | 22    |
| policy memos, Acquisition Letter, Alerts,   | November 2006  |       |
| training and related guidance as related to | and ongoing    |       |
| Interagency Acquisitions (IA).              |                |       |
+---------------------------------------------+----------------+-------+
| 21\. FAI and DAU will identify and make     | Begin: January | 17    |
| available performance-based acquisition     | 2007 and       |       |
| training and education opportunities and    | ongoing        |       |
| related collaborative resources.            |                |       |
+---------------------------------------------+----------------+-------+
| 22\. Conduct monthly DoD and GSA meetings   | Begin: August  | 22    |
| to evaluate and address the effectiveness   | 2006 and       |       |
| of this plan and identify emerging          | ongoing        |       |
| Interagency Acquisition issues.             |                |       |
+---------------------------------------------+----------------+-------+
| 23\. Jointly develop standardized reporting | Begin: January | 19    |
| requirements outside of FPDS-NG.            | 2007           |       |
|                                             |                |       |
|                                             | Complete:      |       |
|                                             | March 2007     |       |
+---------------------------------------------+----------------+-------+
| 24\. GSA commences standardized quarterly   | February: 2007 | 20-21 |
| data reporting to DoD (to include OSD       | and ongoing    |       |
| Comptroller) inclusive of uncommitted fund  |                |       |
| balances, amounts obligated, amounts        |                |       |
| expended, and expired funds.                |                |       |
+---------------------------------------------+----------------+-------+