Subject: 

U· S· DEPARTMENT OF THE INTERIO SubjectNumber: 

OFFICE OF SURF ACE MINING t-:::-PR_c -:-

7

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1 

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RECLAMATION AND ENFORCEMENT Transmit~~umber: 

DIRECTIVES SYSTEM 7/6/89 

Date: 

irector 

To clarify the intent of this directive by providing procedural 

guidance in the form of a "Guideline" to all Office of Surface 

Mining Reclamation and Enforcement (OSMRE) employees involved in 

the development, monit6ring and managing of interagency 

agreements used to carry out transactions between OSMRE and 

another Federal agency or other bureau or office within the 

Department of the Interior. 

Paragraph Change or Addition 

3. Add new Paragraph ~· "Guideline" 

·--------~-------~----------------------------------------· I CHANGE NOTICE i 

·---------------------------------------------------------· 

! 
GUIDELINE 

1. GENERAL. 

a. The purpose of this Guideline is to establish criteria 

for the development, monitoring, and managing of appropriate 

interagency agreements to be used to carry out transactions 

between the Office of Surface Mining Reclamation and Enforcement 

(hereinafter referred to as OSMRE) and another Federal agency or 

other bureau or office within the Department of the Interior 

(DOl). 

The provisions of this Guideline do not take precedence over any 

applicable laws or regulations. 

b. What are Interagency Agreements? An interagency 

agreement is a written agreement between OSMRE and another 

Federal agency or other bureau or office within DOl under which 

goods or services are provided in exchange for monetary 

reimbursement, or where services are provided without monetary 

reimbursement. 

The following agreements are not Interagency Agreements and are 

not covered by the policies and procedures of this Guideline: 

1. Purchase orders, delivery orders, or job orders 

issued to the General Services Administration for space rental, 

supplies and services; 

2. Orders for printing and related services issued to 

the Government Printing Office; 

3. Services provided by the Small Business 

Administration under Section 8(a) of the Small Business Act; 

4. Assignments of personnel under the 

Intergovernmental Personnel Act of 1970; 

5. Orders for DOl forms from the Bureau of Land 

Management Forms Center; and, 

6. Orders for publications placed with the 

Superintendent of Documents. 

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c. Distinct Projects. Each interagency agreement must be a 

distinct project. It must have a clearly defined objective, and 

the activities under the agreement must serve that objective. 

Unrelated activities or separate projects may not be included 

under one interagency agreement. 

d. Categories of Interagency Agreements. OSMRE interagency 

agreements can be categorized as follows: 

(1) By purpose: 

(a) Agreement for Goods or Services. An 

agreement between OSMRE and another Federal agency in which one 

agency provides goods or services directly to another agency in 

exchange for monetary reimbursement, or in which the parties have 

a mutual need for the goods or services and share in the cost of 

the work performed under the agreement by an outside contractor. 

(b) Cooperative or Mutual Assistance 

Relationships. An agreement between OSMRE and another Federal 

agency which sets forth basic policies and procedures governing 

their relationship on matters of mutual interest and 

responsibility, or which provides services without monetary 

reimbursement. There is no exchange of funds under this type of 

agreement. 

(2) By funding source: 

(a) Reimbursement Agreement. An agreement in 

which OSMRE delivers goods or services to another Federal agency 

and is reimbursed for its expenses. (Under a reimbursement 

agreement, OSMRE uses reimbursable authority provided by the 

Economy Act). The authority to accept reimbursement must be in 

SMCRA and approved by OMB. 

(b) Disbursement Agreement. An agreement in which 

another Federal agency delivers goods or services to OSMRE and 

OSMRE disburses funds to pay for its expenses. Under a 

disbursement agreement, OSMRE uses disbursable authority provided 

by the Economy Act. 

2. POLICY. The following represent OSMRE basic policies 

applicable to interagency agreements: 

a. Requirement for Distinct Agreements. Each interagency 

agreement must be a distinct project with a clearly defined 

objective. This requirement does not preclude the use of task 

orders when appropriate; e.g., when an agreement previously 

authorized activities, but left activities to be funded and 

carried out on an "as needed" basis. 

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b. Detailed Cost Information. OSMRE policy requires that 

requests for payment under disbursement agreements must provide 

detailed cost information concerning work performed by other 

Federal agencies. 

c. Preference for Commercial Sources. The Government will 

not, as a matter of policy, start or carry on any commercial 

industrial activity to provide a service or product for its own 

use if such product or service may be procured from private 

source through ordinary business channels (OMB Circular No. A76). OSMRE interagency agreements and amendments shall be 

entered into only when the originating office determines that: 

(1) Statutory authority for the proposed agreement 

exists. No funds may be transferred under an interagency 

agreement unless both Federal agencies have the authority to 

perform the activities included under the agreement. 

(2) The goods or services are not available from a 

commercial source or that acquiring from a commercial source 

would result in increased costs; or that it is not feasible to 

acquire the goods or services from a commercial source (see OMB 

Circular A-76). 

d. Selecting An Interagency Agreement As An Instrument. 

Subject to the determination in paragraph 2c above, an 

interagency agreement shall be negotiated whenever OSMRE and 

another Federal agency agree to provide goods or services in 

exchange for monetary reimbursement (or when OSMRE extends-a 

cooperative or mutual assistance relationship with another 

Federal agency on matters of a joint interest without monetary 

reimbursement). An interagency agreement may not be used to 

circumvent travel or personnel ceilings or the requirements of 

the Federal Acquisition Regulation. 

3. SIGNATURE AUTHORITY 

a. Individuals with the titles listed in PRC-7, Interagency 

Agreements, dated August 30, 1988, have been authorized to enter 

into interagency agreements, subject to the limitations contained 

in the Delegations of Authority, OPM-5, dated January 29, 1988. 

Level IV Contracting Officers authority is subject to the 

limitations contained on the Certificate of Appointment, Standard 

Form 1402. Interagency agreements are not required to be signed 

by a warranted Contracting Officer. However, when an interagency 

agreement requires another Federal agency to award a procurement 

contract, a warranted Contracting Officer shall assist the 

originating office in furnishing any information needed by the 

other Federal agency to prepare the justification and approval 

and prepare an Economy Act determination to support the 

agreement. 

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When an interagency agreement requires OSMRE to award a 

procurement contract, a warranted Contracting Officer shall 

prepare any justification and approval or determination and 

findings required by law or regulation. When OSMRE signs an 

agreement for services or supplies with another Federal agency, 

and the agreement does not involve a procurement contract by 

either party, a warranted Contracting Officer shall prepare an 

Economy Act determination required in FAR 17.502. 

b. Following preliminary discussions the agreement will be 

prepared for negotiation by an official authorized to sign 

reimbursable agreements. Assistance in the preparation of 

interagency agreements should be sought from the appropriate 

procurement interagency office: Headquarter's Branch of 

Procurement or an Administrative Service Center's Acquisition 

Branch. Final review of all proposed agreements will be 

conducted by the responsible procurement office prior to 

signature by the approving official. The purpose of this is to 

ensure that the agreement adequately addresses the contractual 

aspects of the FAR. 

4. Essential Elements of an Interagency Agreement to Establish 

Cooperative or Mutual Assistance Relationships 

Interagency agreements which do not obligate funds must include 

the following essential elements, even though the agreement was 

written by another party: 

a. Name, address and telephone number of the agency providing 

the service 

b. Effective date of the agreement 

c. Legislative Authority 

d. Term of Agreement 

e. Termination Clause 

f, Required Clauses (non-discrimination and Officials not to 

benefit) 

g. Signatures of Both Parties and Date of Signatures 

Copies of fully-executed agreements will be numbered and retained 

on file in the originating OSMRE office. An original copy of all 

agreements must be submitted to the Regulatory Development and 

Issues Management Office. They will not be reported to either 

the Division of Financial Management (DFM) or Procurement 

Offices. 

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Exhibit 1 is a basic format outline to be used as a guide to 

writing an interagency agreement which does not obligate funds. 

s. Essential Elements of Interagency Agreements Which Obligate 

Funds 

Copies of all interagency agreements which obligate OSMRE funds, 

or which provide for the collection of funds from other agencies, 

must be submitted to the Division of Financial Management (DFM) 

accompanied by the information abstract provided as Exhibit 2. 

Interagency agreements must also be supported by an Economy Act 

determination statement in the file, and include the following 

essential elements, even though the agreement was written by 

another agency: 

a. Name, address and telephone number of the agency providing 

the service 

b. Effective date of the agreement 

c. Legislative Authority 

d. Term of Agreement 

e. Termination Clause 

f. Required Clauses (non-discrimination and Officials not to 

benefit) 

g. Payment provisions (payment in advance or by reimbursement 

funds transfer, Standard Form 1081, or by SIBAC, OPAC, etc.) 

h. Document Number (to be provided by the issuing organization 

from block of numbers provided by DFM) 

i. OSMRE Account Number from which funds are to be paid to the 

other gency, or the OSMRE Account Number established by the 

Division of Budget, Planning, and Management Analysis for 

receipt of funds paid by the other agency. 

j. Name and Telephone Number of the OSMRE Official who will 

approve payments 

k. Amount of funds to be obligated for current Fiscal Year 

1. Signatures of Both Parties 

m. Economy Act Determination (if applicable) 

n. Designation of Contracting Officer's Technical 

Representative (if applicable) 

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Exhibit 3 is a basic format outline to be used as a guide to 

writing interagency agreements which obligate funds. 

6. PROGRAMMATIC OVERSIGHT. Following the execution of the 

interagency agreement, OSMRE Key Program Officials, as identified 

in the Delegations of Authority, OPM-5, dated January 29, 1988, 

are responsible for day-to-day programmatic oversight of the 

agreement. It is their responsibility to: 

a. Monitor the progress of work done by OSMRE including 

preparing and/or receiving progress reports and acting on them: 

(1) Reimbursement Agreements. 

(a) Monitor the delivery of goods or services by 

OSMRE throughout the project period, assuring their delivery in 

accordance with the terms of the agreement. 

(b) Provide the Division of Financial Management 

information on the delivery of goods or services so that OSMRE 

may bill the receiving agency, and insure that the cost of 

activities performed for the other agency are recorded to the 

correct reimbursement account. 

(c) Confer with the agency providing 

reimbursement, before the end of each fiscal year, to determine 

total costs to be accrued under the agreement which are to be 

charged to current fiscal year funds. In this way, the 

reimbursing agency will be able to deobligate those funds which 

will not be used by fiscal year end and use them for other 

purposes. 

(2) Disbursement Agreements. 

(a) Monitor the receipt of goods or services 

throughout the project period in order to assure conformance with 

the terms of the agreement; 

(b) Receive and review detailed cost information 

submitted by the other Federal agency. If this information is 

not included on or with vouchers submitted for payment, the OSMRE 

key official shall contact the other agency to obtain the 

information; and, 

(c) Approve itemized billings from other agencies 

concerning the receipt of goods or services provided to OSMRE and 

forwarded these billings to DFM. 

b. Maintain a complete working file concerning relevant 

programmatic and administrative activities, including pertinent 

documents. 

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c. Upon completion of the work covered by the agreement 

(including receipt and acceptance of the final 

technical/programmatic report, if any, and final reporting and 

disposition of property), notify DFM so that the agreement may be 

closed out. 

7. MANAGEMENT OVERSIGHT. It is the responsibility of the 

Assistant Directors to provide management oversight for OSMRE's 

interagency agreement program. This responsibility involves 

maintaining information about the interagency agreement program, 

establishing liaison with programmatic and other administrative 

offices involved in the interagency agreement program process, 

and following up with those offices when problems appear in order 

to assure a smoothly functioning process. This responsibility may 

be delegated. 

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EFFECTIVE DATE: 

INTERAGENCY AGREEMENT 

Between 

Exhibit 1 

Page 1 of 3 

Document No. 

THE OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

U.S. DEPARTMENT OF THE INTERIOR 

And 

U.S. BUREAU OF MINES 

PROJECT TITLE 

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INTERAGENCY AGREEMENT 

Between 

Exhibit 1 

Page 2 of 3 

Document No. 

THE OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

U.S. BUREAU OF MINES 

I. OBJECTIVE 

(A statement OSMRE's intended attainment or accomplishment 

for this effort). 

II. BACKGROUND 

(Cite legislative authority to enter into the agreement and 

any other pertinent information relative to the background of the 

project). 

III. TERM OF AGREEMENT 

An agreement shall be written to run for the minimum 

time required to meet objectives of the agreement but not to 

exceed five (5) years. Prior to the end of the term of the 

agreement, it should be reviewed to determine whether it should 

be renewed. 

Include a statement that the term of the agreement may be 

modified by mutual consent of both parties. 

IV. STATEMENT OF WORK 

Identify the goods or services to be supplied or rendered by 

another agency - be specific. 

V. KEY OFFICIALS 

Identify OSMRE and other agency officials. 

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VI. RESPONSIBILITIES 

Cite OSMRE responsibilities and other agency 

responsibilities. 

VII. FUNDING 

Exhibit 1 

Page 3 of 3 

State that funds are not obligated by this agreement. 

VIII. PROJECT EVALUATIONS (if applicable) 

Statement addressing OSMRE's right to make evaluations of 

work and the adjudication process in case of a disagreement. 

IX. PROPERTY UTILIZATION (if applicable) 

X. REPORTS (if applicable) 

List descriptions, dates, quantities, and address of receipt 

point for any required reports. 

XI. TERMINATION 

Provide that either party may terminate the agreement by 

providing thirty (30) calendar days written notice. 

XII. REQUIRED CLAUSES 

"During the performance of this agreement, the participants 

agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person 

because of race, color, religion, sex or national origin. The 

participants will take affirmative action to ensure that 

applicants are employed without regard to their race, color, 

religion, sex or national origin." 

"No member or delegate to Congress, or resident 

Commissioner, shall be admitted to any share or part of this 

agreement, or to any benefit that may arise therefrom, but this 

provision shall not be construed to extend to this agreement if 

made with a corporation for its general benefit." 

XIII. SIGNATURES 

Titles of signing officials and dates of signatures. 

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INTERAGENCY AGREEMENT 

INFORMATION ABSTRACT 

Exhibit 2 

Page 1 of 2 

1. Document Nu.'llber: (Assigned by a\\·arding office from 

block of numbers provi~ed by DFM) 

2. Participating Agencv: 

Agency Name: 

Address: 

Contact Pe=son: 

Telephone N~~be~: 

3. Effec~ive Date: 

4. Brief Pescription of Services to be Provjded: 

5. Fundin£ and Pavrnent P:-ovisions: 

Cu:-:-ent Year Funding, r:·: s 

OS!1RE: Accou::::: (To be provided by proposing 

OSMRE Office) 

Payment by disbursement (Federal check in response to 

voucher) 

Paymen: by fund transfer (SIBAC, OPAC. SF-1081) 

Name and telephone nlJ.G".ber of OS~ .... 'P..E official au::ho:i.zeC. to 

approve paymen:s: 

b. Services p::-o·vided bv OS!-'1-P..E. pa'\1'Tlent bv other agencv: 

osr~E Account: (Io be provided by OSXRE 

Division of Budget, Planning and Management Analysis). 

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D 

D 
Agency Location Code (ALC) of other agency: 

Exhibit 2 

Page 2 of 2 

Billing adc~ess of other agency (If different than 

previously given address): 

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. ' 
DETERMINATION AND FINDINGS 

Interagency Agreement No. 

between 

Exhibit 3 

Page 1 of 4 

The Office of Surface Mining Reclamation and Enforcement 

and 

u.s. Bureau of Mines 

Findings: 

Based upon information provided by the 

Office of Surface Mining Reclamation and Enforcement, in a 

justification to me dated 

I hereby find that: 

1. Legal authority for the acquisition otherwise exists, 

and 

2. The action does not conflict with any other agency's 

authority or responsibility. 

Determination: 

In accordance with Federal Acquisition Regulation 17.502, I 

determine that this Interagency Agreement is appropriate and it 

is in OSMRE's best interest to place an order with 

Contracting Officer 

Date: 

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EFFECTIVE DATE: 

INTERAGENCY AGREEMENT 

Between 

Page 2 of 4 

Exhibit 3 

Document No. 

Contract No. 

(if applicable) 

THE OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

U.S. DEPARTMENT OF THE INTERIOR 

And 

u.s. BUREAU OF MINES 

PROJECT TITLE 

Fiscal Year: 

Account No.: 

Obligated Amount: 

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Page 3 of 4 

Exhibit 3 

Document No. 

Contract No. 

(if applicable) 

INTERAGENCY AGREEMENT 

Between 

THE OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 

And 

U.S. BUREAU OF MINES 

I. OBJECTIVE 

A statement of OSMRE's intended attainment or accomplishment 

for this effort. 

II. BACKGROUND 

Cite legislative authority to enter into the agreement and 

any other pertinent information relative to the background of the 

project. 

State applicability of the Economy Act. 

III. TERM OF AGREEMENT 

A funded agreement shall be written to run for the minimum 

time required to meet objectives of the agreement but not to 

exceed one (1) fiscal year unless specifically authorized. 

Include a statement that the term of the agreement may be 

modified by mutual consent of both parties. 

IV. STATEMENT OF WORK 

Identify the goods or services to be supplied or rendered by 

another agency (be specific). 

V. KEY OFFICIALS 

Identify OSMRE and other key agency officials. 

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VI. FUNDING 

Exhibit 3 

Page 4 of 4 

State that funds are obligated by this agreement and the 

dollar amount of the obligation. 

VII. PAYMENT 

State when or at what intervals payment will be made. 

Include address and accounting information for billing purposes. 

Include name and telephone number of the OSMRE official who 

will approve payments. 

VIII. PROJECT EVALUATIONS (if applicable) 

Statement addressing OSMRE's right to make evaluations of 

work and the adjudication process in case of a disagreement. 

IX. PERSONAL PROPERTY MANAGEMENT AND DISPOSITION 

Complete if applicable - see personal property management 

directive. 

X. PRIOR APPROVAL (if applicable) 

XI. REPORTS 

List descriptions, dates, quantities, and address of receipt 

point for any required reports. 

XII. TERMINATION 

Provide that either party may terminate the agreement by 

providing thirty (30) calendar days written notice. 

XIII. REQUIRED CLAUSES 

"During the performance of this agreement, the participants 

agree to abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person 

because of race, color, religion, sex or national origin. The 

participants will take affirmative action to ensure that 

applicants are employed without regard to their race, color, 

religion, sex or national origin." 

"No member or delegate to Congress, or resident 

Commissioner, shall be admitted to any share or part of this 

agreement, or to any benefit that may arise therefrom, but this 

provision shall not be construed to extend to this agreement if 

made with a corporation for its general benefit." 

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XIV. SIGNATURES 

Titles of signing officials and dates of signatures. 

Enclosures 

Special Provisions (if required) 

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