Cooperative Agreement Authorization Document ( Sample Clauses
Cooperative Agreement Authorization Document (. (APPENDIX A) The CAAD may be used to document the determination of whether a cooperative agreement is the appropriate award instrument for the activities proposed for a funding agreement. Present the factual basis (i.e., public purpose, statutory authority, eligibility standard for the pool of potential NFEs) for a finding that a cooperative agreement is both authorized and the most suitable means of meeting the requirement in the document. The GO determines the award of a CA in consultation with the Office of Counsel for the proposed scope. Appendix A provides an example format. If this format is not used, the basis for and determination by the GO that a cooperative agreement is authorized and appropriate will be documented in writing and maintained in the award file. Substantial involvement may include collaboration, participation, or intervention in the program or activity to be performed under the award. The awarding agency is responsible for determining whether a cooperative agreement or a grant is appropriate. A grant involves financial assistance to a NFE for an authorized public purpose. Substantial involvement must be significant to the purpose of the award. It is also based on the importance of the action to the awarding agency. USACE knowledge of a NFE’s activities or involvement on an administrative issue or financial tracking is not substantial involvement. In addition, USACE review and approval of work plans, oversight of field activities, review and approval of deliverables, or final approval of work completed under a cooperative agreement are not considered substantial involvement. • A cooperative agreement must include all of the following: o The principal purpose is to transfer a thing of value to the NFE to carry out a public purpose of support or stimulation. o There is legal delegated authority to use a cooperative agreement for the proposed activity and with the proposed NFE. o The principal purpose finding is legitimate and is not to acquire property or services for the direct benefit or use of the Government. o There will be substantial involvement by the awarding agency in the performance of the work funded by the cooperative agreement. The existence of a nonbinding Master Agreement does not create an exception to the requirements to use merit-based, competitive procedures to the maximum extent practicable or the requirements for the posting and notice of funding opportunities. The cooperative agreement may be awarded only in compl...
Cooperative Agreement Authorization Document (. APPENDIX A) The Cooperative Agreement Authorization Document may be used to document the determination of whether a cooperative agreement is the appropriate award instrument for the activities proposed for a funding agreement. The factual basis for a finding that a cooperative agreement is both authorized and the most suitable means of meeting the requirement will be presented in the document. Ultimately, the GO in consultation with counsel must determine that a CA may be awarded for the proposed scope of work, so this document may be used as the recommendation or requesting document to be submitted to the GO. The Cooperative Agreement Authorization Document may be used by the District to document the requirement, public purpose, and statutory authority. It may also be used to identify the eligibility standards for the pool of potential Recipients. Appendix A provides an example format which may be used. If this format is not used, the basis for and determination by the GO that a cooperative agreement is authorized and appropriate will be documented in writing and maintained in the award file. Substantial Involvement must be of significance to the purpose of the award, which may be based on the amount and importance of the actions of the awarding agency. If USACE merely has knowledge of the Recipient’s activities, or involvement on an administrative issue or financial tracking, that is not substantial involvement. If USACE provides review and approval of work plans, oversight of field activities, review and approval of reports of work accomplished, and approval of completion of the work included in the cooperative agreement, this would constitute substantial involvement. A cooperative agreement should not be considered unless all of the following criteria are met: o The principal purpose is to transfer a thing of value to the recipient “to carry out a public purpose of support or stimulation.” o There is legal authority to use a cooperative agreement for the proposed activity and with the proposed recipient. o The “principal purpose” finding is legitimate and is not to acquire property or services for the direct benefit or use of the Federal Government. There will be substantial involvement by the awarding agency in the performance of the work funded by the cooperative agreement. The existence of a nonbinding umbrella Agreement does not create an exception to the requirements to use merit-based, competitive procedures to the maximum extent practicable or...