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The basic criterion for selecting a cooperative agreement is that substantial involvement is expected between the bureau or office and the recipient when carrying out the activity contemplated in the agreement.[34] Additionally, cooperative agreements may be the only authorized award instrument for specific programs; check the program's guidance for clarification [45].
Program offices may–when determining the use of a cooperative agreement--consider a variety of factors, including a recipient's ability to properly manage the funded activity (to include financial capacity and technical need). Federal involvement in cooperative agreements will be limited to the minimum required consistent with program requirements. Nothing in the Act should be construed as allowing the Government to increase its involvement beyond that which is authorized by applicable laws and OMB requirements [56]
Cooperative Agreement Structure and Contents
The agreement is structured in a manner which [67]:
- Adequately describes the relationship based upon the degree of involvement of the parties; and
- Defines and allocates respective responsibilities, obligations, rights, and accountability as appropriate to the particular project. Requirements contained in statutes and implementing requlations will govern.
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- project performance and management
- partial or total termination of work
- changes in the scope of work
- period of performance
- application of funding and resources
- title to property
- records maintenance and access
- liabilty
- etc.
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[1] Federal Grant and Cooperative Agreement Act of 1977, as incorporated in 31 USC § 6305 , (cited online at http://www.law.cornell.edu/uscode/text/31/6305)
[2] 505 DM 2.6 C.
[3] ibid, 2.10 B.
[34] ibid, 2.9 B.
[45] A good source to check is CFDA.gov under the funding's CFDA number.
[56] 505 DM 2.9 B. (5), (6)
[67] ibid., 2.10 A.
