Dear Colleagues~

 

We’ve released an FAQ about our new Interagency Agreement forms with details on its general terms and conditions.  If you have questions or need to share information about these forms with others in your agency, please point your browser to http://www.loc.gov/flicc/onlinedoc/IAA2016/IAA_QandA2016.pdf or view the plain text below.

 

Have more questions?  Please call 202-707-4900 to talk us about your account.

 

****************** FEDLINK InterAgency Agreement:  Frequently Asked Questions ******************

 

Why doesn’t FEDLINK use the FMS 7600A and 7600B Forms?

The FEDLINK interagency agreement (IAA) was edited to require the same general information required on the FMS 7600 form. The FEDLINK IAA is populated with specific FEDLINK authority so as to prevent confusion. (i.e., all FEDLINK transactions are governed by 2 U.S.C. 182c, Revolving fund for FEDLINK program and Federal Research program.)

 

Can an ordering agency edit the FEDLINK IAA form?

The general rule is that ordering agencies are not allowed to edit the FEDLINK IAA form. FEDLINK makes exceptions for ordering agencies with special governing authorities (i.e., an agency that is not subject to the FAR can request that FAR references be removed).

Why doesn’t FEDLINK sign the FEDLINK IAA and ordering agency’s standard IAA form?

Two agreements cannot govern the same matter. The language in each agreement may be interpreted differently. Two agreements create confusion about the meaning of words in each document.

 

It is not uncommon for servicing agencies to use their own forms (i.e., State Department’s International Cooperative Administrative Support (ICASS) Services Memorandum of Understanding (MOU) and Invoices).

 

Why isn’t FEDLINK entering into IAAs for services that have already been provided?

As a general rule, FEDLINK will not accept IAAs for services that have already been provided. FEDLINK provides a limited exception at the beginning of the fiscal year for ordering agencies that have communicated intent to use FEDLINK services. FEDLINK uses its own funds to cover services starting at the beginning of the fiscal year.

 

Does the 5-year IAA obligate an ordering agency to place orders for the entire 5-year period?

No. The 5-year IAA does not obligate an ordering agency to place orders for an entire 5-year period.

The IAA is a statement of intent that is also conditioned upon the availability of funds. The 5-year IAA streamlines processes for ordering agencies. It is used to identify agencies that want contractual coverage for their services at the start of a new fiscal year.

 

How is FEDLINK able to fill agency orders placed in FY2016 in FY2017?

“[T]he authority that governs the interagency transaction, not contract practices, determines the obligational treatment of a voluntary order.” GAO Redbook p.7-29. FEDLINK transactions are governed by a revolving fund statute, 2 U.S.C. 182c.

 

How is FEDLINK able to fill agency orders placed in FY2016 in FY2017?

Section 1535(d) of the Economy Act contains a requirement that funds be deobligated at the end of the fiscal year to the extent that the performing agency has not fulfilled or contracted for the requesting agency’s requirement. Revolving fund statutes -- including the FEDLINK statute -- do not contain this requirement.

 

How is FEDLINK able to fill agency orders placed in FY2016 in FY2017?

FEDLINK transactions are governed by a revolving fund statute, 2 U.S.C. 182c. Revolving fund statutes -- including the FEDLINK statute -- do not contain a requirement that funds be deoblgated at the end of the fiscal year. (Only transactions governed by the Economy Act must be deobligated at the end of a fiscal year.)

 

 

The FEDLINK Team

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