![]() (10) It must not be used to obligate or transfer funds, personnel, supplies, equipment, or services, or to effect any type of commitment or obligation and (9) It must not provide authority to enter into legally binding agreements such as contracts or inter-agency agreements For example, an MOU cannot be used to justify USGS award of a contract or assistance agreement to the parties to an MOU (8) It must not be used as the basis for justifying a contractual or other legally binding obligation. (7) It must not violate established USGS policies, procedures, or protocols (6) It must not violate any statutes or regulations, including those that govern conflict of interest (5) It must conform to all federal ethics rules, policy, and guidance (4) It must not provide an unfair competitive advantage for future contracts and (or) financial assistance (3) It must not be detrimental to any public group (1) It must be compatible with the USGS mission, support scientific research, and not adversely affect the scientific integrity of the USGS, as specified in SM 500.25 The domestic MOU must meet the following requirements: Digital signature standards as provided in the internal Associate Chief Information Officer (ACIO) Directive 2021-001, Digital Signature Policy.Ī. USGS Office of Policy and Analysis (OPA) internal guidance.į. SM 500.6, American Indian and Alaska Native Tribal Relations.Į. SM 205.13, Delegations of Authority to Enter into Agreements and to Accept Contributions.Ĭ. ![]() Department of the Interior, Office of Financial Management, Inter-Intra Agency Agreement Handbook, September 21, 2015.ī. The USGS authority to establish MOUs is entered under 43 U.S.C. Code (U.S.C.) 31, et seq., established the USGS and its missions. The Organic Act of March 3, 1879, as amended and codified at 43 U.S. It is an aspirational, non-legally binding agreement which describes how the parties intend to collaborate on matters of mutual concern or interest.Ĥ. An MOU is not a detailed working document. MOUs describe procedures such as: (a) cooperation relating to exchanges of information (b) cooperation between a private entity and an agency in a particular endeavor and (or) (c) cooperation between agencies that have similar goals and statutory mandates or that are implementing the same law. An MOU is a non-legally binding or non-legally enforceable written agreement between the USGS and federal, tribal, state, or local government agencies academic institutions or other entities, such as non-profit organizations. The USGS Office of International Programs reviews and approves international MOUs.ģ. This SM chapter also does not apply to International MOUs. Such agreements are covered in other policies. This SM chapter does not apply to agreements that exchange funds or tangible resources. This SM chapter applies to domestic MOUs that outline basic policies and procedures governing collaboration on matters of mutual concern or interest between a federal agency (or agencies) and another organization (or entity).ī. This SM chapter establishes policy and procedure for the preparation and approval of a domestic Memorandum of Understanding (MOU).Ī. Also called letter of intent.Acting Associate Director for Administrationġ. To be legally operative, a memorandum of understanding must (1) identify the contracting parties, (2) spell out the subject matter of the agreement and its objectives, (3) summarize the essential terms of the agreement, and (4) must be signed by the contracting parties. Reference Definition by : Memoranda of understanding are generally recognized as binding, even if no legal claim could be based on the rights and obligations laid down in them. A MOU is a nonbinding and not a legal agreement but a formal agreement and indicates the intention of common business interest, outline of terms and conditions, individual roles and responsibilities, and the establishment of a business relationship to be continued and likely result in a legal agreement or contract in due course. Memorandum of Understanding (MOU) is a formal agreement document between two or more parties. Minimum Requirement of Construction Allowance.R&R between PM and CM (SM) for the Construction?.Detailed Design and Engineering Deliverable List (Sample). ![]()
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