A cooperation agreement is a type of project in which joint action or cooperation between the federal donor and the recipient during the implementation of the project is deemed necessary or desirable to ensure the successful implementation of the project. Cooperation Agreement means a legal instrument of financial support between a federal procurement agency or transfer agency and a non-federal agency that complies with 31 U.S.C. 6302-6305: In general, “substantial participation” refers to the extent to which federal employees directly execute or implement parts of the procurement program. In the case of a grant, the federal government maintains a stricter monitoring and surveillance function. In a cooperative arrangement, federal employees are then more involved in the implementation of the program. When you read “cooperative,” don`t forget to work “side by side.” The specific way in which this participation is integrated varies depending on the programme and the agency. This cooperation is programmatic in nature and may offer benefits (e.g., . B technical and professional expertise) which would otherwise not be available to the beneficiary. Ultimately, cooperation agreements provide support and establish relationships between the organizations and the sponsor in which the two parties jointly pursue specific objectives or activities. In a cooperation agreement, the NIJ is a direct partner in research efforts. A cooperation agreement “differs from financial assistance in that it provides for substantial participation between the federal procurement agency or transit agency and the non-federal agency in carrying out the activity set out in the federal award.” Now the question arises as to what a “substantial involvement” of the federal government entails. Here, for example, is a cooperation agreement of the Geological Survey (USGS) of the Ministry of the Interior.
This is a funding opportunity for joint research and technical assistance, which is granted in the form of a cooperation agreement and not a grant. The winner will work closely with USGS staff and researchers to enhance powerful scientific skills in computation and visualization through the exploration of new tools, methods, and techniques for large-scale scientific data management. In the case of cooperative agreements, the review and approval of the OMB`s PRA will likely be required if the NIJ is meaningfully involved in the design, development of methodology and analysis of data collection. As the level of participation in the NIJ may not be clear at the time of submission, applicants proposing research with a data collection effort involving more than nine (9) respondents should consider that OMB-PRA authorization is required and consider this information when developing the application, including proposal, research plan, schedule and budget. Like the federal circuit in Hymas v. United States, 810 F.3d 1312 (Fed. Cir. 2016), the jurisdiction of the Federal Court of Claims militates against the statement of reasons for tenders under the Tucker Act (28 U.S.C § 1491 (b) (1)) “exclusively for tenders and contracts” (internal tenders omitted). This means that if a federal agency decides to structure its procurement as a cooperative agreement (a decision made under Chevron U.S.A., Inc. v. Natural Res.
Defense Council, 467 U.S. 837, 865-66 (1984)), is the only place where contractors can protest against a decision of the arbitration award of the Agency, the district court under the Administrative Procedure Act. Both cooperation agreements and grants constitute “a legal instrument of financial support between a contracting authority or transit body of the federal government and a non-federal body” within the meaning of the OMB Uniform Directives (§ 200.24 for the cooperation agreement and § 200.51 for the grant agreement). If you would like more detailed information on grants and cooperation agreements, other resources include: Cooperation agreements and grants “transfer anything of value from the federal awarding agency or transmitting agency to the non-federal agency to achieve a public purpose.” Hi Dave, yes, they can be. But it really depends on the specific funding opportunity – which is the main purpose of the grant. As long as the grant achieves this goal, funding can support a 508-compliant website, in whole or in part. If you have any further questions, we recommend that you contact the funding body of the respective grant or cooperation agreement, as we are not able to provide decisive answers to this question. Will websites funded in whole or in part through grants or cooperation agreements be subject to the requirements of FISMA, section 508 of the Data Protection Act and the related OMB memorandum, such as OMB Memo M-17-06? A cooperation agreement is an agreement in which the federal government provides funds or something of value approved by public law and the government plays a vital role. A cooperation agreement can be a highly specialized research award in which federal employees are among the relatively few experts in this field. In this case, the award can be defined as a “cooperation agreement” because federal staff and the non-federal recipient will conduct the research together in one way or another. Hi Sean, can you explain what you mean by “data ownership”? Thank you! Beneficiaries of a cooperation agreement must apply for and obtain prior authorization to hold a conference.
This may impact research activities, including proposed working group meetings, roundtables and focus groups that meet the definition of a “conference” under DOJ policy. See “Conference Approval, Planning and Reporting” in the JUP Financial Guide. An executive agency uses a grant agreement as a legal instrument that reflects a relationship between the U.S. government and a state, local government, or other recipient if – [Note 1] Substantial participation means that academic staff or program staff support, direct, coordinate, or participate in project activities after award. In general, it is said that when awarding cooperation agreements, the responsibility for the day-to-day implementation of the funded project lies with the beneficiary in the implementation of the funded and approved proposal and budget, as well as the award conditions. Responsibility for monitoring and transmitting the project, if necessary, lies with the NIJ. That being said, substantial participation is a relative rather than an absolute concept. How the NIJ will be involved in a collaborative project depends on the circumstances.
Examples include the NIJ`s review and approval of the winners` implementation, monitoring and evaluation plans; Review and approval of the required NIJ at the end of any work phase before moving on to the next phases; Review and approval by the NIJ of subcontracts or grants; and joint action and cooperation or participation between the NIJ and the laureate in the implementation of certain technical activities related to the implementation of the funded project. Main conclusions 1. Grants and cooperation agreements are very similar. 2. The differences lie in the details of implementation (i.e. cooperation agreements are accompanied by “significant participation” by the Federal Agency). 3. There are also legal implications of these different agreements, so read the agreements carefully and discuss them with lawyers. For cooperation agreements, significant participation between the NIJ and the winner is expected. The recipient is required to work with the assigned NIJ Grant Manager, who is the authorized representative of the NIJ responsible for the proper administration of the scholarship. In addition, a NIJ scientist will be responsible for working with the laureate`s researchers on key issues related to the award – support, guidance, coordination and participation in project activities to ensure success.