INTERGOVERNMENTAL
SUPPORT AGREEMENT
HANDBOOK
HQ, U.S. Army Installation Management Command
Version 5 –
AUGUST 2021
1 PREFACE
The Army’s Installation Management Command (IMCOM) has established an Intergovernmental Support Agreement (IGSA) Program Office (PO) to support IMCOM garrisons with the identification, development, and execution of IGSAs. The goals of the IMCOM IGSA PO are to enhance Army readiness, promote cost savings/cost avoidance, gain efficiencies, improve the quality of life for Soldiers and families, and strengthen installationcommunity relationships. The IMCOM IGSA PO works closely with the IMCOM Installation Directorates (IDs) and the Office of the Deputy Chief of Staff, G9 Partnership Office to promote an institutional mindset that relies on partnerships to ensure mission readiness in an era of reduced resources.
This handbook provides general guidance and best practices to garrisons that are pursuing their first IGSA or are looking to build an IGSA portfolio. It is recommended that the garrisons work closely with their respective ID and the IMCOM IGSA PO to assist in these efforts. This handbook is a living document and will be updated as needed. All comments or recommendations for improvement will be forwarded to the IMCOM IGSA PO for consideration.
IMCOM IGSA Program Office
The IMCOM IGSA PO is supported by the IMCOM IGSA Program Manager (PM) and IMCOM Program Specialists (PSs).The IMCOM IGSA PM and PSs can be reached at [email protected].
IMCOM maintains a Partnership SharePoint site as a central database for partnership policy, guidance, IGSA templates and examples, and points of contact at garrisons with active IGSA programs. The site can be accessed at https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx, or from the IGSA Program link at the bottom of the HQ IMCOM Sharepoint home page.
HQDA, G9 Partnership Office
The G9 Army Chief of Partnerships and G9 Partnership Office hosts a website dedicated to its partnership program that includes useful information, including legislative and regulatory resources, partnership news, success stories, and other related community partnership information. Visit http://dcsg9.army.mil/partnerships/ to learn more. 2 Contents
PREFACE ...........................................................................................................................1
1. GENERAL ..................................................................................................................4
1. 1 BACKGROUND.......................................................................................................4
1.2 PURPOSE..................................................................................................................4
1.3 IGSA AUTHORITY.....................................................................................................4
1. 3. 1 KEY PROVISIONS OF AN IGSA:.................................................................4
1. 4 ROLES AND RESPONSIBILITIES ..................................................................................5
1. 4. 1 IMCOM ..............................................................................................................5
1. 4. 2 IMCOM DIRECTORATES ................................................................................5
1. 4. 3 GARRISON LEADERSHIP...............................................................................5
2. IGSA CONCEPT DEVELOPMENT........................................................................6
2. 1 OVERVIEW................................................................................................................6
2.2 IGSA CONCEPT IDENTIFICATION..........................................................................6
2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES............................................6
2. 2. 2 COLLECT DATA AND REQUIREMENTS .......................................................6
2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs...............7
2.3 IGSA CONCEPT PACKET DEVELOPMENT.............................................................7
2. 3. 1 GARRISON COMMANDER MEMO....................................................................8
2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET................................................................8
2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION................................8
2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM..............9
2.4 FINAL REVIEW....................................................................................................... 10
2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW ................................................... 10
2. 4. 2 GARRISON COMMANDER APPROVAL......................................................... 10
3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL............................................11
3. 1 DELEGATION OF APPROVAL AUTHORITY......................................................... 11
3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000 ..................................... 11 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000.............. 11
3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000.................................... 11
4. IGSA EXECUTION AND MANAGEMENT...............................................................11
4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT) .............................................. 12
4.2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES................................... 12 3 4.3 IGSA PAYMENT PROCEDURES............................................................................ 12
4.4 IGSA MODIFICATION / TERMINATION / RENEWAL........................................... 14 ANNEX A – 10 USC 2679 ...............................................................................................16 ANNEX B – PARTNERSHIP AUTHORITIES....................................................................18 ANNEX C– INSTALLATION SUPPORT CATEGORIES ................................................20 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs: ..................25 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL........................................27 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs ...........28 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY ..................................32 ANNEX H – IGSA CONCEPT PACKET TEMPLATES...................................................38 Enclosure 1 IGSA Coversheet...................................................................................... 40 Enclosure 2 Course of Action Determination ........................................................... 41 AbilityOne Example Letters Of Intent ........................................................................ 44 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE.......................................46 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE APPOINTMENT MEMORANDUM TEMPLATE.........................................................................................63 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE................................65 4 1. GENERAL
1. 1 BACKGROUND
The 2013 National Defense Authorization Act (NDAA), Section 331, provided authority to the Military Service Secretaries to enter into Public-Public partnerships with local and state governments, called Intergovernmental Support Agreements (IGSAs), for installation support services. This legislation was codified as Title 10 United States Code (USC) 2336. The 2015 NDAA, section 351, moved the IGSA program from Section 331, a procurement section of Title 10, to 10 USC 2679, a facilities management section of Title 10, to clarify Congressional intent that the IGSA program is divorced from the requirements contained in the Federal Acquisition Regulation (FAR). The 2018 NDAA expanded the term limit of IGSAs from five years to ten years, further incentivizing partnerships between military installations and local governments for installation support services. The 2021 NDAA directed the Secretary of Defense to establish a pilot program to ensure installation commanders retained at least 25% of the savings realized from IGSAs and require installations to report how those savings were spent on sustainment, restoration, and modernization projects that were either unfunded or underfunded.
1. 2 PURPOSE
The purpose of this handbook is to provide guidance and general standardization for the use of IGSAs for IMCOM Garrisons. This handbook is a tool for Garrison Commanders (GCs), Functional Proponent Subject Matter Experts (SMEs), Resource Management Offices (RMOs), designated garrison IGSA Managers (IGSA-Ms), and designated garrison IGSA Technical Representatives (IGSA-TRs).
This handbook is a supplement to the Department of the Army’s Execution Order (EXORD) for IGSAs and IMCOM’s Operation Order (OPORD) for IGSAs. This handbook does not replace the need to reference official partnership authorities and policies (Annex B). The partnership doctrine listed in Annex B can be accessed from the IMCOM Partnership SharePoint Site (https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx).
1. 3 IGSA AUTHORITY
An IGSA is a Public-Public Partnership that authorizes the Military Services to receive, provide, or share installation support services with a State or local government. The following are key provisions of IGSAs in accordance with (IAW) 10 USC 2679:
1. 3. 1 KEY PROVISIONS OF AN IGSA:
Ability to provide, receive, or share installation-support services Not subject to Federal Acquisition Regulations (FAR)
Ability to sole-source with state or local governments Ability to use wage grades normally paid by state or local governments Must enhance mission effectiveness or create efficiencies or economies of scale including by reducing costs
The proposed provider must already provide the service for its own use Excludes security guard or firefighting from the definition of installation services The term of an IGSA cannot exceed ten (10) years, but may be renewed IGSAs cannot be used to circumvent the requirements of Office of Management and 5 Budget Circular A-76 (OMB A-76) regarding public-private competitions State or local governments that contract out IGSA work must use a competitive process
Services transitioned to IGSAs must be Operations and Maintenance, Army (OMA)-funded
1. 4 ROLES AND RESPONSIBILITIES
Due to the significant cost savings that the IMCOM IGSA portfolio has produced (IGSAs are averaging a 30% reduction in cost for services), the IMCOM Commanding General has directed garrisons to find IGSA opportunities wherever possible to generate cost savings and/or avoidances as well as enhance relationships with local defense communities. All parties listed below play a role in meeting Commander’s intent for IGSA development and execution.
1. 4. 1 IMCOM
The IMCOM IGSA PO will support the garrisons throughout the IGSA development process, to include concept identification, concept packet development and approval, and execution of the IGSA. The IMCOM IGSA PM will staff the garrison IGSA concept packets for IMCOM and Department of Army review, endorsement, and approval. The IMCOM IGSA PO will manage the IMCOM Partnership SharePoint site to ensure garrisons have full access to IGSA policy, guidance, templates, and examples.
1. 4. 2 IMCOM DIRECTORATES
The IDs are responsible for review and endorsement (or return as appropriate) of their respective garrison proposed IGSA concept packets (Section 2.3) using the processes and business rules outlined in the IMCOM OPORD for IGSAs. The IDs will report on a quarterly basis to the IMCOM CG for each of their installations the status of progress toward transition of contracts to IGSAs, execution of transaction documents for approved concept packets, successes, and challenges. Additionally, IDs will compile semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to the IGSA PO.
1. 4. 3 GARRISON LEADERSHIP
All garrisons are directed to explore opportunities with State and local governments and municipalities to enter into IGSAs IAW the HQDA EXORD and IMCOM OPORD for IGSAs.
Garrisons will review contract portfolios for expiring installation support services contracts for possible transition to an IGSA. The GCs will determine and designate the roles and responsibilities at the local level for IGSA development, execution, and management. The GCs will report the status of progress toward transition of contracts to IGSAs, successes, and challenges on a quarterly basis to their respective ID. Additionally, Garrisons will complete semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to their respective ID.
6 2. IGSA CONCEPT DEVELOPMENT
2. 1 OVERVIEW
The development of an IGSA involves multiple phases, to include initial discussions with a state or local government partner, identification of desired partnership opportunities, development of an IGSA concept packet for approval, and development and execution of the transaction document. All activities and advancements that take place during the concept development phase are considered ‘pre-decisional’, which means that the appropriate approval authority (Section
3.1) has not yet determined that the IGSA is in the best interest of the Army. Garrisons should review in full the HQDA EXORD and IMCOM OPORD for IGSAs to fully understand the requirements of IGSA concept development, approval, transaction document execution, and management.
NOTE: Not all Public-Public partnerships will require the IGSA authority, therefore, it is a general best practice to leverage existing Department of Defense legislative authorities that permit various partnership agreements when pursuing community partnerships with local or state governments. Annex B provides a list, with descriptions, of additional partnership authorities and regulations for consideration during the development of a partnership concept. Annex E provides additional resources for determining which partnership authority to pursue.
2. 2 IGSA CONCEPT IDENTIFICATION
IGSA concept identification begins with a review of the installation’s contract portfolio. Due to the significant cost savings and resource efficiency opportunities, all contracts should be analyzed for possible conversion to an IGSA. IGSA concepts may also emerge from both informal discussions and official meetings with potential State or local governments, or stem from an unfulfilled requirement that needs a solution. See Annex D for a list of potential services that could be executed through an IGSA.
2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES
Once the Garrison determines that an IGSA is the desired partnership tool, the Garrison will determine roles and responsibilities for development of the IGSA concept packet. Depending on the nature and complexity of the IGSA concept, there may be multiple offices collaborating to develop the IGSA concept packet.
NOTE: There is no official policy that establishes specific roles and responsibilities for IGSA development. Typically, this effort is driven by the service SME, and responsibilities will vary depending on what service requirement is under consideration for an IGSA (e.g., a Computer Aided Dispatch or Ambulance Services IGSA will likely be developed by Department of Emergency Services). Recommended roles and responsibilities for IGSA development, execution, and management can be found in Annex F.
2. 2. 2 COLLECT DATA AND REQUIREMENTS
Data and requirements collection will begin during the initial stages of IGSA concept identification. At minimum, the garrison and community partner, in the development of the IGSA concept, will need to articulate the background, challenges, and cost proposal information for the installation support service under consideration. Data collection should always include the needs and capacities of the potential IGSA partner.
7 Garrisons should reference the IGSA talking points and communication guidance developed by the IMCOM Public Affairs Office (PAO) (Annex D) prior to engaging with a potential public partner. It is recommended that the team developing the IGSA concept coordinate with the local PAO and Legal office prior to engagement with potential partners.
2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs Army policy IAW Department of Army EXORD 200-16 requires notification to the AbilityOne Commission when transitioning from AbilityOne contracts to IGSAs. When a garrison decides to convert an AbilityOne provided service from an AbilityOne contract to an IGSA, the garrison will notify the IGSA PO of its intentions regardless of whether they have already started seeking partners. The IGSA PO will then coordinate with and send notification to the AbilityOne Commission of Army’s intent to pursue an IGSA at some point for that service. At this point, the garrison will continue working with public partners to obtain their quote(s).
HQ IMCOM will provide the AbilityOne Commission 45 days from the time of notification an opportunity to work with Source America and the AbilityOne service provider to determine a Best-and-Final price for the services provided under contract at the garrison. Once the IGSA PO has received the Best-and-Final from the AbilityOne Commission and the public partner’s quote from the garrison, the IGSA PO will notify the installation to either begin developing the IGSA concept packet IAW Section 2.3, or to continue with the contract and abandon pursuing the IGSA if the Best-and-Final is a better value to the government. If it is not the best value, this Best-and-Final price is included in the garrison IGSA concept packet as a COA for side-by-side comparison with other COAs including the public partner’s proposal for services. If the IGSA PO does not receive a Best-and-Final price from AbilityOne, the garrison will use the current contract price in the IGSA concept packet, e.g., Status Quo COA).
The Army will not use IGSA authority recklessly and will consider all potential issues surrounding the displacement of an AbilityOne contract for an IGSA with a public partner. To that end, garrison leadership will discuss with their interested public partner the requirement for them to consider employment of some if not all of the current AbilityOne contracted workforce.
As part of the concept packet submittal, the garrison must obtain a letter of intent (LOI) from the partner and, if applicable, their subcontractor indicating their commitment to retain as many of the current disabled employees as possible by offering them first right of refusal to keep their job. Example LOIs for first right of refusal are included in Annex H.
2. 3 IGSA CONCEPT PACKET DEVELOPMENT
After the IGSA concept has been identified and roles and responsibilities have been established, the Garrison will work, at times with the proposed IGSA partner, to develop the IGSA concept packet. There are three primary requirements for the IGSA concept packet that is submitted as one document with enclosures (templates and examples included in Annex H):
Garrison Commander Memo
Enclosure 1 IGSA Coversheet
Enclosure 2 Course of Action Determination (COA)
Request for Services Contract Approval (RSCA) Form
Letters of Intent (for AbilityOne contracts)
NOTE: Depending on the scale and complexity of the IGSA, additional materials may be 8 required in support of the IGSA Concept Packet (e.g.: technical exhibits, Small Business Administration (SBA) or AbilityOne coordination documentation, a Performance Work Statement, written documentation that the partner has the capacity to perform the services).
Garrisons can solicit assistance from their ID staff and the IGSA PO for information on concept packet development and what steps to take next.
2. 3. 1 GARRISON COMMANDER MEMO
The GC Memo will contain the following: Scope, Discussion, Benefit Analysis, and Risk Analysis. NOTE: GC Memo along with the completed IGSA Concept Packet will be sent to the IGSA PO for concurrent staffing and review at the ID. Scope - describes what the installation support service is and who will provide it. Objectives – What are the goals/objectives of the partnership Discussion - includes all essential information regarding the proposed IGSA concept.
Such as current situation, potential savings, and the proposed duration of the IGSA. Benefit Analysis - explains why the IGSA concept is a good deal for the Army or the community. This section does not require great detail (that will be found in the IGSA Course of Action Determination) but will include critical IGSA requirements, such as cost savings or avoidance, efficiencies achieved, and benefits to Army and the community.
Risk Analysis - describes what might complicate implementation of the IGSA concept and provides recommendations to reduce or eliminate them.
2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET
The IGSA coversheet contains information that will be used to support the auditability of the IGSA program at installation and HQ IMCOM levels. This enclosure will accompany all IGSA packets.
2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION
The Course of Action Determination is comprised of the following requirements: Constraints of Analysis; Courses of Action; Selection Criteria and Decision Matrix; and Recommendation:
Constraints Analysis - comprised of two sections: Facts and Assumptions. A fact is something that is empirically true and can be supported by evidence. It is important to include only relevant facts – those items of information that have a direct bearing on the IGSA COA Determination being developed. An assumption is a factor or condition that is not empirically true but is essential to the success of the solution and that is outside of the control of the installation (it may be however within the control of the State or local government). Assumptions help to define ground rules to limit the scope of the IGSA COA Determination. They are explicit statements of conditions on which the IGSA COA Determination is based. Courses of Action (COA) - requires at a minimum two COAs: the Status Quo and an alternative. The status quo (also known as the “As-Is” state), is the current “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared. One alternative will be the proposal from the State or local government. In describing a COA, it is important to provide information on what it does or will do and what risks will be involved (if any) in the implementation or execution of the COA.
Selection Criteria Decision Matrix - another way to describe this is a sensitivity 9 analysis. In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission effectiveness, creating efficiencies, creating economies of scale, and by reducing costs. These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise. The 5 IGSA Selection Criteria Factors for any IGSA Concept will be, “Readiness,” “Efficiencies,” “Modernization,” “Cost,” and “Quality of Life.” Each decision criteria will be assigned a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse. You may score each criterion with the same number across different COAs. Remember, this step is not a ranking; it is a matrix.
Detailed cost comparison - will look at what the installation is currently paying for services line by line and then that will be cross-referenced against the recommended IGSA for comparison.
Recommendation - Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives.
Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.
2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM All service based IGSAs require a Request for Services Contract Approval (RSCA) Form IAW paragraph 8 of the RSCA Instructions. The RSCA must be submitted as an attachment to the IGSA Concept Packet.
For IGSAs, the RSCA form is filled out and signed by the subject matter expert or IGSATR as the preparer. If the total period of performance cost of the IGSA is under $250K, the GC can approve and sign the RSCA form. For IGSAs with a total period of performance cost over $250K, the RSCA approval signature is left blank, and the RSCA form is submitted along with the IGSA Concept Packet for approval at the appropriate level as described below:
RSCA approval authority:
ID Directors: NTE total contract value (TCV) of $25M
IMCOM EDCG: NTE TCV $50M
AMC EDCG $50M and above.
NOTE: NON-service IGSAs like commodity purchases (Ex: Bulk Salt Purchase IGSAs) do not require an RSCA Form.
Please reference the IGSA SharePoint website for the RSCA Form, How To Guide, and APMP Directive. You can find these resources underneath the “Policy” and “IGSA Templates and Resources” tabs.
10 2. 4 FINAL REVIEW
2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW
If at any point during the development of the IGSA concept, if the party tasked with developing the IGSA concept has questions or needs assistance, the party should contact the IGSA PO.
One of the roles and responsibilities of the IGSA PO is to support the development of IGSA concepts.
Once the party has completed the IGSA concept packet, it is recommended that the party send a draft copy to the IGSA PO for their review and comment. As part of the IGSA PO review, they may circulate the IGSA concept to the respective ID for their review and comments. Upon completion of review, the IGSA PO will contact the garrison and provide recommendations as to changes to the IGSA concept packet prior to routing to the GC.
2. 4. 2 GARRISON COMMANDER APPROVAL
During final garrison coordination, the IGSA concept packet will be reviewed by the garrison supporting Staff Judge Advocate (SJA) and the Resource Management Office (RMO) at a minimum to prepare the IGSA concept packet for GC approval. The GC will sign the memo and the IGSA-M will forward the full IGSA concept packet to the IGSA PO for staffing and the approval process. NOTE: IMCOM will staff the IGSA concept packet including the RSCA to the ID for concurrent review, endorsement of the Concept Packet, and signing of the RSCA as required.
11 3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL
3. 1 DELEGATION OF APPROVAL AUTHORITY
Annex G delegates the IGSA approval authority for IMCOM installations to the Commanding General, U.S. Army IMCOM for IGSAs with an annual execution value not to exceed $5,000,000. The IMCOM CG has further delegated approval authority for IGSAs with an annual execution value up to $1,000,000 to the IMCOM DCG. In cases where a proposed decision to enter into an IGSA represents a change in precedent or policy, or is of significant White House, Congressional, Department or public interest, there will be a briefing required to the Assistant Secretary of the Army (ASA), Installations, Energy and Environment (IE&E) prior to any decision to exercise any delegated authority unless exigencies preclude such action.
NOTE: This delegation does not apply to installation support services currently acquired by an installation under the AbilityOne Program. In such cases, the determination authority resides with the Deputy Assistant Secretary of the Army for Installations, Housing, and Partnerships (101505DASA-IH&P).
3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000
If the estimated annual execution value is less than or equal to $5,000,000, the IGSA PM will staff the IGSA concept packet for ID and IMCOM staff review. The IGSA PO will work with the Garrison to resolve any issues, questions, or instances of non-concurrence regarding the IGSA concept packet. Once all issues with the IGSA concept packet are resolved and the IGSA concept packet has been fully coordinated, the IGSA concept packet is sent to the IMCOM Commanding General (CG) or Deputy Commanding General (DCG) for approval depending on the annual cost of the IGSA. Once approved by the CG/DCG, the IGSA PO will send the CG approval memo to the garrison for execution of the Transaction Document IAW Section 4.1. 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000 If the IGSA concept has an annual execution value of more than $5,000,000, the IMCOM IGSA PM will staff the IGSA concept packet for IMCOM staff review and once IMCOM staff coordination is complete, the IGSA PM will submit the IGSA concept packet to the IMCOM CG for endorsement (not approval). Once the IGSA concept packet is endorsed by the CG, the IGSA PM will forward the endorsed IGSA concept packet through HQ AMC to the Army Partnership Office of the Deputy Chief of Staff (DCS) G9 staffing, endorsement and approval by the appropriate approval authority depending upon the IGSA annual execution value. The IGSA concept packet with an annual execution over $5,000,000 and up to $10,000,000 will be reviewed and approved by the DASA (IH&P).
3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000
If the IGSA concept has an annual execution value over $10,000,000, the same steps as in Section 3.1.2 will be followed, but rather than approving the IGSA concept, the DASA (IH&P) will recommend concurrence to the Assistant Secretaryof the Army (Installations, Energy, and Environment) (ASA (IE&E)). After the IGSA approval memorandum has been signed by ASA (IE&E), Army Partnership Office will send a copy to the IGSA PO. The IGSA PM will forward a copy of the IGSA approval memo to the respective ID.
4. IGSA EXECUTION AND MANAGEMENT
12 4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT)
Once the IGSA concept packet is approved by the appropriate approval authority and the approval memo has been sent to the garrison, the garrison should finalize the IGSA transaction document (template at Annex I) with the state or local government partner. The concept packet approval memo will designate who is authorized to sign the IGSA on behalf of the Army.
The purpose of the IGSA transaction document is to outline the roles and responsibilities of the parties, identify the services to be furnished by either the Army/garrison or the State or local government partner, the prices to be paid by the receiving party, and the appropriate reimbursement and quality control procedures. The parties undertake this agreement to provide installation support services between the providing partner and the receiving partner.
The Transaction Document is the legally binding document signed by the delegated GC/Garrison Manager and the public partner representative to formally (and legally) enter into the IGSA.
NOTE: The IGSA must be completed (signed by both parties) within 180 days of receipt of the approval memo. Forward a copy of the signed IGSA to the IMCOM IGSA PM within 30 days after both parties have signed.
4. 2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES
The IGSA-Ms and IGSATRs are the garrison’s front-line resources for IGSA program management. They assist all interested parties in the development, coordination, execution, and termination of an IGSA. They work with the IGSA PO to provide the garrison and the State and/or local governments interested in an installation support service IGSA with policy information as well as concept package development assistance and guidance. They provide the garrison and others an understanding of the benefits of an IGSA as well as areas of concern that may hinder or impede the development of an IGSA. A detailed list of the recommended roles and responsibilities of IGSA-M and IGSA-TR can be found in Annex F. (See Annex J for IGSA-M Appointment Memorandum)
4. 3 IGSA PAYMENT PROCEDURES
The majority of IGSAs will involve the payment and receipt of money. In most cases, it will be the Army/garrison paying the State or local government for installation support services provided by the State or local government. The IGSA-M and IGSA-TR typically need the support of the garrison’s RMO to set up and track IGSA execution and performance. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, Javits-Wagner-O’Day (JWOD) Act, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8(a), AbilityOne, and other special acquisition programs. Below are instructions from the IMCOM Narrative Funding Guidance on how garrisons should manage IGSA financial requirements and responsibilities.
Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison RMO must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be via a miscellaneous payment transaction through the General 13 Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.
Financial managers will build utilize the project structure provided by G4, and they will set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook.
Each IGSA will be given a unique number so that it can be tracked. The numbering convention for IGSAs is as follows:
UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001
In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:
IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:
1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.
2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:
IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.
3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSA-Fund Center-FY-Sequence number of the IGSA (IGSA Number)
4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued
14 (4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable) (6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logistics Agency through SAM.GOV) (8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSAM.
d. The IGSA Manager (IGSAM) will review invoice and authorize payment if all billed services have been satisfactorily completed. e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.
5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.
G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], 210-466-1518
4. 4 IGSA MODIFICATION / TERMINATION / RENEWAL
IGSAs follow the general processes set by AR 5-9 for Installation Agreements (IA) for modification and termination. Minor changes to IGSAs may be made at any time by the IGSAM by either pen-and-ink or by using an administrative changes memorandum provided the changes do not exceed the annual cost threshold approved and are in scope of the approved IGSA concept packet. The GC/GM and the State or local government representative who signed the original IGSA must initial changes. When practical, IGSA modifications and terminations should be made bilaterally and with sufficient advance notification to permit 15 appropriate resource adjustments to be made during the budget formulation process.
In the event, a garrison wants to renew its IGSA, the garrison IGSA-M will send notification of intent to renew to the IMCOM IGSA PM, at least 120 days prior to the end of the IGSA. At 90 days prior to the end of the IGSA, the IGSA-M will forward an IGSA Renewal Package to the IMCOM IGSA PM. The Renewal Package will include the following: Garrison Memo supporting renewal and the new course of action (COA) determination structure highlighted in Appendix 1 to Annex C to OPORD 20-005. A new COA determination is required as it is possible that during the IGSA’s period of performance facts and assumptions in the initial IGSA may have changed. The IMCOM IGSA PM will staff the IGSA renewal request IAW the endorsement and approval process set forth in Section 3.1.
NOTE: The term of an IGSA can be for a period of up to ten (10) years. IGSAs with reimbursable cost will be reviewed annually for financial impacts to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances and in its entirety at mid-point. IGSAs with no reimbursable cost will be reviewed, at a minimum, every 3 years. Reviews will be completed by the IGSA-M and IGSA-TR to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances.
16 ANNEX A – 10 USC 2679
10 U.S. Code § 2679 - Installation-support services: intergovernmental support agreements (a) IN GENERAL.
(1) Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the may enter into an intergovernmental support agreement, on a sole source basis, with a State or local government to provide, receive, or share installationsupport services if the Secretary concerned determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs.
(2) An intergovernmental support agreement under paragraph (1) (A) may be for a term not to exceed ten years; and
(B) may use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use. (4) Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. (b) EFFECT ON FIRST RESPONDER ARRANGEMENTS.
The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.
(c) AVAILABILITY OF FUNDS.
Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.
(d) EFFECT ON OMB CIRCULAR A-76.
The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.
17 (e) DEFINITIONS. In this section:
(1) The term “installation-support services” means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. (2) The term “local government” includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.
(3) The term “State” includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands, and any agency or instrumentality of a State.
(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States. (Added Pub. L. 112–239, div. A, title III, § 331(a), Jan. 2, 2013, 126 Stat. 1696, § 2336; renumbered § 2679 and amended Pub. L. 113–291, div. A, title III, § 351(a), (b), Dec. 19, 2014, 128 Stat. 3346; Pub. L. 114–92, div. A, title X, § 1081(a)(9), (b)(1), Nov. 25, 2015, 129 Stat. 1001; Pub. L. 115–91, div. B, title XXVIII, § 2813, Dec. 12, 2017, 131 Stat. 1849.) 18 ANNEX B – PARTNERSHIP AUTHORITIES
PARTNERSHIP TOOL AUTHORITY /
GUIDANCE DESCRIPTION
Community Agreement DoDI 1015.10
Allows Army to utilize MWR activities available in the
community. Ex. Agreement between installation and
community for installation use of community pool.
Cooperative
Agreements DoDI 3210.6
Cooperative Agreements are used to carry out a public
purpose of support or stimulation by transferring
something of value to the partner, where substantial
involvement is expected between parties. Ex. Initial
agreement between Presidio of Monterey and the City of
Monterey for installation services.
Intergovernmental
Support Agreements
(IGSA)
10 USC 2679
IGSAs are used to receive, provide, or share an
installation-support service with a State or local
government, where the State or local government currently provides the service for its own residents. IGSAs involve a transfer of funds. Ex. Current agreement between
Presidio of Monterey and City of Monterey.
Lease 10 USC 2667
Allows another party to utilize a specific portion of Army property. Provides exclusive possession for a specified term for either cash or in-kind consideration. Ex.
Agreement allowing Charter School use of vacant
installation building.
License 10 USC 2667
Provides temporary use and non-exclusive possession of
Army property for cash, in-kind consideration and in some instances without charge. Ex. Agreement allowing use of installation parade ground for soccer tournament.
Mutual Aid Agreements
(Emergency) DoDI 6055.17
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.
Agreement between community and installation to provide ambulance and other emergency services.
Mutual Aid Agreements
(Fire) DoDI 6055.06
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.
Agreement between community and installation fire
departments to provide fire suppression support when
requested.
Procedures and
Support for NonFederal Entities
Authorized to Operate
on DoD Installations
DoDD 1000.26
DoDI 1000.15
AR 210-22
Authorizes presence and entering into ‘agreements’
(Support Agreement, Lease, License, et.) with a nonFederal entity/private organization. Ex. Agreement to provide space to local Chamber of Commerce as means
of linking local employment requirements with skills of installation residents.
Reciprocal Fire
Protection Agreements 42 USC 1856a
Authorizes an agency charged with duty of providing fire protection of any U.S. property to enter into a reciprocal agreement, with any fire organization maintaining fire
protection facilities near such property. Ex. Agreement 19 PARTNERSHIP TOOL AUTHORITY /
GUIDANCE DESCRIPTION
between installation and organization like CAL Fire to
support efforts to suppress forest fires.
Support Agreements
(Inter/Intra Service) DoDI 4000.19
An MOA is used, typically, to document specific terms and responsibilities between two or more parties, especially when there will be a commitment of resources and some form of compensation using other than appropriated funds. Ex. MOA with County Parks Department to pick up trash on installation’s beach as part of County’s trash collection on public beach.
An MOU is used, typically, to formalize an agreement when no funds or resources of value are being exchanged between parties. Ex. MOU between local college and installation to provide resources to aid in spousal employment.
Utility Energy Service
Contract
10 USC 2913
(gas/electric)
10 USC 2866
(water/wastewater)
Army may use a simplified method of contracting for
shared energy savings contract services that will
accelerate the use of these contracts with respect to
military installations and will reduce the administrative effort and cost on the Army as the public/private sector.
Ex. Contract between installation and public utility
company for system improvements and O&M of same.
Utility Privatization 10 USC 2688
Army may convey a utility system, or part of a utility
system, under the jurisdiction of the Secretary to a
municipal, regional, district, or cooperative utility company or other entity. Ex. Sale and transfer of installation waste water treatment plant to public utility.
20 ANNEX C– INSTALLATION SUPPORT CATEGORIES
This following list of installation support categories comes from Enclosure 4 of DODI 4000.19.
This list includes descriptions of common installation support functions that may be provided, shared, or received through an IGSA. The list is not all-inclusive, and the support descriptions can be modified as needed for each IGSA to clearly identify the specific support that will be provided. Support not included in this enclosure may be added to an agreement.
Administrative Services. Includes records management, personnel locator, document control and handling, forms and publications, and maintenance of official publications reference libraries.
Audio and Visual Information Services. Includes still photography, graphics, micrographics, and presentation services. Also, includes film, video and audio media services.
Automated Data Processing and Automation Services. Includes data processing services and systems analysis. Also, includes design, development, execution, and life cycle maintenance of data processing systems.
Chapel and Chaplain Services. Includes pastoral ministries, worship services, religious rites, pastoral visits, spiritual counseling, and religious education.
Civilian Personnel Services. Includes recruitment, classification, staffing, pay administration, personnel management, employee relations, awards, equal opportunity programs, and career development.
Clubs. Includes management of officer, non-commissioned officer, enlisted, all hands, aero, community and other recreational clubs.
Common Use Facility Construction, Operations, Maintenance, and Repair. Includes construction, alteration, operation, maintenance, and repair of common use infrastructure (e.g., roads, grounds, surfaced areas, structures, real property and installed equipment).
Also, includes common benefit signs, energy consumption, snow removal, street cleaning, and installation beautification projects.
Communication Services. Includes dedicated communications services and telephone equipment. May also include leasing of communication equipment, lines, and special communications-electronics equipment services.
Community Relations. Includes public relations activities, charity fund raising events, and installation open house programs.
Community Services. Includes family support center activities, child development services, dependent youth activities, theaters, and thrift shops.
Cost Avoidance. Includes an avoidance of a future cost the Army would otherwise incur if an IGSA were not executed. An example is future facility construction or renovation. 21 Cost Savings. Includes the actual or projected reduction in the cost of goods or services procured via an acquisition strategy other than IGSA when compared to the cost of the same goods and services via an IGSA.
Custodial Services. Includes janitorial and cleaning services for customer-occupied and customer-used facilities and areas.
Disaster Preparedness. Includes operation of disaster preparedness programs and related services, equipment, and facility support for emergencies and wartime operations.
Duplication Services. Includes the operation of centralized copying equipment and related services.
Education Services. Includes instruction, counseling, and testing.
Entomology Services. Includes abatement and control measures directed against insects, rodents, weeds, fungi, and other animals or plants that are determined to be undesirable in buildings, equipment, supplies, and on grounds.
Environmental Cleanup. Includes collection, clean-up, transportation, and disposal of hazardous material.
Environmental Compliance. Includes recycling and resource recovery programs, pollution prevention, environmental compliance, and programs aimed at management and control of hazardous materials -- does not include clean-up and disposal of hazardous materials.
Equipment Maintenance, Repair, and Calibration. Includes maintenance, repair, and calibration of industrial equipment, construction equipment, laboratory equipment, office equipment, and other non-tactical equipment -- does not include vehicles.
Explosive Ordnance Support. Includes services and facilities for explosive ordnance storage, disposal and training.
Facility Construction and Major Repair. Includes minor construction, alterations, additions, and major repairs required to modernize, replace, expand or restore real property. Also, includes related planning and design.
Facility and Grounds Maintenance and Minor Repair. Includes routine and cyclical preventive maintenance and minor repairs required to preserve or restorerealproperty so it may be used for its designated purpose.
Finance and Accounting. Includes expense, reimbursement, working fund, payroll and leave accounting. Also includes disbursing, voucher and invoice examination, financial reporting, and the development of accounting systems.
Food Service. Includes preparation and service of food to authorized personnel, 22 and related dining facilities operations.
Health Services. Includes administration of healthcare programs, inpatient and outpatientmedical and dental treatment, and other related medical support and professional services. Also, includes veterinary support.
Housing and Lodging Services. Includes family, unmarried, and unaccompanied housing referral services. Also, includes operation of family housing, bachelor officer quarters, bachelor enlisted quarters, and transient accommodations.
Laundry and Dry Cleaning. Includes cleaning and storage of clothing and other items made of cloth.
Legal Services. Includes the provision of advice and services on all legal matters pertaining to legal assistance, military justice, initial claims processing, property utilization, award and execution of procurement contracts, and personnel matters such as conflicts of interest, standards of conduct, and grievance hearings and reviews.
Libraries. Includes technical and legal libraries, and services that provide limited reference information for officialpurposes.
Mail Service. Includes collecting, accepting,sorting, routing, and delivery of official and personal mail on DoD installations and in DoD-owned or DoD-leased facilities.
Mail Postage Service. Includes postage and fees for official mail and application thereof.
Military Personnel Support. Includes passport, forces stamp, social security, and other personal affairs services for military personnel. Also includes processing of identification cards, security clearances, testing of individuals, line-of-duty investigation reports, casualty assistance reporting, noncombatant evacuation operations, relocation assistance, and transition assistance.
Mobilization Support. Includes planning, provisioning, and support for mobilization of Active, Reserve, and Guard forces.
Morale, Welfare, and Recreation (MWR) Activities. Includes operation of recreational centers, gyms, fitness centers, parks, athletic fields, recreational and general reference libraries, hobby shops, craft centers, and related services.
Mortuary Services. Includes all logistical functions related to the recovery, identification, care, and disposition of deceased personnel. Includes continental United States port, and overseas mortuary services.
Museums. Includes operation of facilities and services that display objects of historical military value and significance.
23 Occupational and Industrial Health Services. Includes worker and work place health screening programs, and industrial hygiene surveillance ofthe occupational environment. Also, includes physical examinations and worker compensation evaluations.
Printing Services. Includes the operation of centralized printing, collating, binding, and mass mail addressing services.
Public Affairs. Includes activities aimed toward responding directly or through news media to the general public's right and need to know how DoD activities accomplish assigned tasks and missions. Also includes distribution of public and community relations information.
Purchasing and Contracting Services. Includes acquisition and contract administration services for procurement of property, equipment, services, construction, and supplies.
Also includes services for renting and leasing.
Refuse Collection and Disposal. Includes collection and disposal of trash and waste management/recycling of materials.
Resource Management. Includes funds management, cost analysis services, and budget formulation, reporting, and execution. Also includes financial liability investigation of property losses.
Retired Affairs. Includes operation of retired affairs support offices and provision of special services, activities, and programs provided primarily for retired personnel.
Safety. Includes operation of safety programs, educational support, and promotional efforts.
Security Services. Includes security inspections, controlling entry and egress, and protecting DoD-owned or DoD-operated facilities. Also includes management of 911 calls, traffic management, vehicle decals, and parking pass services and operation of confinement and detention facilities, and related services.
Shuttle Services. Includes scheduled operation of local taxis, vans, and bus transportation services.
Social Actions. Includes civilian and military personnel assistance and training pertaining to substance abuse and human relations.
Storage and Warehousing. Includes provision of space and services related to the management of commodities, material, and equipment; includes receipt, storage, issue, and shipment of items from storage.
Supply Services. Includes the provision of any common, generally expendable, nontechnical commodity, material, or equipment (e.g., administrative office and 24 housekeeping supplies, duplicating paper, common hardware, plumbing and electrical supplies, building materials, paint, and tools).
Training Service. Includes instruction and use of target ranges, simulators, and other training facilities.
Transportation Services. Includes transportation services related to both commercial and Government-owned transportation of personnel, personal property, and material.
Also includes shipment planning, packing and crating, port clearance, scheduling, processing of transportation documents, and related transportation services.
Utilities. Includes water, sewage, electricity, natural gas, and fuel oil services. Also, includes central generation and distribution of steam, chilled water, and compressed air.
Vehicle Support. Includes maintenance and repair of customer vehicles, and supply, maintenance and repair of vehicles provided for a customer's use. Also, includes chartered transportation services.
Weather Services. Includes advising and providing timely notification of weatherconditions that would affect planned activities. 25 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs:
UNCLASSIFIED/FOUO
Source: IMCOM Communication Toolkit – September 2019
Primary Audience: Garrison staff: contract, agreement, and resource managers; DPW, SJA, PAO, and Army Commanders. Public partners: any agency or instrumentality of a local or State government.
Secondary Audiences: Community leaders, reporters, bloggers.
End state: An institutionalized mindset that incorporates public-public partnerships to enhance mission readiness in an era of reduced resources.
IMCOM Organizational Goal(s): Integrate and deliver base support to enable readiness for a globally-responsive Army.
Communications Goal: Garrison Commanders, senior members of their staffs, and municipal and elected leaders will understand the value and potential savings of public-public partnerships.
Key Message: Garrison installation support service contracts that are converted to Intergovernmental Support Agreements (IGSAs) average a 30% savings to IMCOM. IMCOM Commanding General encourages garrison’s efforts to look for IGSA opportunities.
Strategy Statement: Garrison staff members will engage with their local and state counterparts and open a dialog to explore IGSA opportunities.
Talking Points:
1. IGSAs are a vital component of reshaping to identify and harvest resources. On average, the Army realizes a 30% cost reduction for installation support services provided through IGSAs with local or state government partners.
2. IGSAs represent a way of partnering to provide, receive, or share installation support services. IGSAs are not contracts, they are public-public partnerships.
3. Army leaders acknowledge the important roles played by contracting partners. IGSA’s are not meant to replace contracts or contractors, but are a cooperative way to strengthen our communities while enabling readiness in a cost-effective manner.
4. IGSAs serve the interest of the Army if they enhance mission readiness or create efficiencies and economies of scale.
5. HQ IMCOM is currently running a multimillion-dollar IGSA program, resulting in significant cost savings and avoidance.
6. The goal of the IGSA program is to enhance mission viability and improve quality of service for Soldiers while implementing collaborative projects that reduce redundancies, costs, and risks through relationships that provide mutual value to the government and local communities.
26 7. IGSAs may be entered into on a sole source basis between the U.S. Army and the public partner. IGSAs are not required to use Davis-Bacon or Service Contract rates and may employ the wage rates paid by the State or local government.
8. IGSAs provide relief from the rigor and complexity of the Federal Acquisition Regulations that govern traditional procurement contracts.
9. IGSAs cannot be used for security guard or firefighting functions.
10. Not all partnership concepts will result in an IGSA. We must explore the entire partnership spectrum to maximize partnership benefits.
27 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL
Note: Full resolution copies available on IMCOM Partnership SharePoint Site. 28 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs Designate an IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSATR) in writing. (See Annex J for IGSA-M Appointment Template) Provide signature approval of agreements to ensure compliance with applicable regulatory guidance for those agreements having an impact on, or affecting, Garrison commitments.
Return all IGSA documents, which have not been properly staffed. Ensure staff review includes the Garrison Resource Management Office and Legal. The approval memo designating the garrison commander to sign the IGSA transaction document on behalf of the Army, carries the same responsibility and authority as a warrant issued to a contracting officer which legally binds the Army to a course of action and authorizes the expenditure of tax payer funds.
IGSA-M:
Hold primary responsibility to manage the development and execution of the Garrison’s IGSA Program.
Develop and negotiate, staff and process for signing all IGSAs for the Garrison and establish timelines for completion.
Administer and monitor IGSAs. Oversee and ensure the performance of cyclic reviews of the IGSA program of the activity to ensure compliance with established DoD, DA, and IMCOM policies to determine if the IGSA should be continued, modified, or terminated.
Coordinate the development and negotiation of IGSAs with applicable State and local government installation support service providers and lead the effort to resolve differences that may exist.
Provide initial and final review of all IGSAs, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included. Oversee the assignment of an IGSA number for every newly developed agreement.
Information needed will be name, fiscal year, service provided, amount billed for each service, amount expected to be earned; the actual earned amount nature of the agreement.
Ensure all IGSAs are provided to the Garrison Legal Office for a legal review. Assist functional managers with the preparation of IGSA packages and ensure all IGSAs are staffed appropriately.
Provide guidance and assistance in the development of cost benefit analyses by working in coordination with the applicable garrison functional manager or subject manner expert. Exercise program management and oversight to determine actual costs through reviews with activities and Resource Management. Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required. Ensure the placement of one (1) signed original IGSA, along with any backup/coordination documentation, in the Garrison's Repository of Agreements. Ensure that there are procedures established that all IGSA documentation is retained Garrison Commander / Deputy Garrison Commander
IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSA-TR) 29 at the installation level for a minimum of six (6) years after the end or termination of the IGSA for future audits.
IGSA-TR:
Assist the IGSA-M in the management of the Garrison’s IGSA Program. Assist the IGSA-M in the development and negotiation, staffing and processing for signature all IGSAs for the Garrison and establish timelines for completion. Perform the actual administration and monitoring of IGSAs. This includes the performance of cyclic reviews of the IGSA program to ensure compliance with established DoD, DA, and IMCOM policies to determine if theIGSA should be continued, modified, or terminated.
Work with the IGSA-M to coordinate the development and negotiation of agreements with applicable State and local government installation support service providers and provide assistance to the IGSA-M in resolving differences that may exist. Work with the IGSA-M in the review of all IGSA concept packets, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included.
Perform the actual assignment of an IGSA number for every newly developed IGSA.
At a minimum, the information needed will include name, fiscal year, service provided, amount billed for each service, amount expected to be earned. Work with the IGSA-M to ensure that all IGSAs are provided to the Garrison Legal Office for a legal review.
Assist the IGSA-M and functional managers with the development and drafting of IGSAs and ensure all agreements are staffed appropriately. Develop cost benefit analysis in coordination with IGSA-M and the applicable garrison functional manager or subject manner expert. Provide assistance to functional program managers to determine and capture actual costs through reviews with activities and Resource Management.
Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required. Place one (1) signed original IGSA, along with any backup/coordination documentation in the Garrison's Repository of Agreements. Work with the IGSA-M and functional proponent SME in the annual review of IGSA performance. Included in the review: discussion of performance and execution issues and possible improvements; lessons learned, and the capture and recordation in the Garrison’s Repository of Agreements the actual amount saved or actual cost avoidance.
Manage the installation level storage and retention of all IGSA documentation for a minimum of six (6) years after the end or termination of the IGSA for future audits. Ensure that reimbursement instructions contained in agreements are consistent with DoD, DA, and IMCOM policies.
Assist the IGSA-M and IGSA-TR in determining the reimbursable relationship with each provider.
Resource Management Office, Program/Budget
30 Prior to the beginning of each fiscal year, review agreements to ensure accuracy of cost and reimbursement amounts. Coordinate any required cost adjustments with the IGSA-M and IGSA-TR to ensure customer bills are updated as necessary. Ensure that customer reimbursements pursuant to agreements are properly integrated into the Garrison's budget planning and execution documents and processes. Ensure the financial management database (GFEBS) cross-references funding documents to the corresponding IGSA IAW Annex K. Reconcile the log to track the agreement number, name, sales order, fiscal year, service provided, amount billed for each service, amount expected to be earned, and the actual earned amount with the IGSA-M and IGSA-TR.
Ensure incoming/outgoing reimbursements are properly applied to or documented in applicable operating budgets.
Establish a separate cost center in the Automated Time and Attendance Production System (ATAAPS) to track the actual labor cost for each reimbursable employee's labor hours. This will allow the garrison to report and track the actual reimbursable hours and ensure the customer is only charged for actual hours worked. Designate an IGSA coordinator to serve as point of contact for the staffing and controlling of respective directorate/office IGSAs. Provide the name, office symbol, and phone number of the designated individual to the IGSA-M and IGSA-TR; update as necessary.
Monitor the performance of support in areas of assigned responsibilities to ensure compliance with the terms of the IGSA.
Review and identify significant changes in factors affecting the cost or ability to provide support.
Identify services provided which are above the standard and provide the Resource Management Office detailed information with appropriate cost data. Provide input to the garrison's Common Levels of Support and Reimbursable Services Catalog. Assume responsibility for preparation of any IGSA concept packet required by the respective directorate/office. Submit all IGSAs to the IGSA-M and IGSA-TR for review and further staffing to Legal and other Garrison offices prior to submission to the Garrison Command Group for signature. IGSA documents submitted to the Garrison Command Group without proper staffing will be returned. Review, prior to signature, all IGSA documents for changes, modifications, supplements, etc., to ensure conformance with legal requirements, compliance with DCS G9 and IMCOM policy, and appropriate definition of Army/Garrison rights and liabilities, including the definition of the scope of each IGSA to ensure protection of Army/Garrison rights and liabilities.
Participate in IGSA negotiations, as required.
Garrison Directors/Office Chiefs/Functional Experts or Managers Legal Office
31 All agreements will be developed in collaboration with the IGSA-M and IGSA-TR in the respective Garrison RMO.
The IGSA-M and IGSA-TR staffs/coordinates agreements with affected organizational elements (and the Program/Budget Office when costs are involved) to ensure that agreement narratives are consistent with functional requirements/alignments and to obtain resource/cost data. All IGSA documents must be reviewed by the Garrison Legal Office before final approval.
IGSAs involving reimbursement must be reviewed annually to ensure continued accuracy of cost and reimbursement amounts.
All IGSAs will have an expiration date not to exceed 10 years from the date they are signed by both parties. If there is an interest in the IGSA to continue beyond the initial 10 years, the IGSA package will need to be resubmitted for review and approval.
Minor changes may be made at any time by pen-and-ink or by using the administrative changes memorandum; changes must be initialed by the parties who signed the original IGSA.
One signed original of all approved/finalized agreements, along with any backup/coordination documentation, will be provided to the IGSA-M and IGSA-TR for the Garrison's Repository of IGSAs.
IGSA Staffing / Review / Update - GENERAL
32 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY
33 34
35 36
37 38
ANNEX H – IGSA CONCEPT PACKET TEMPLATES
Garrison Commander Memo
Appendix 1 to Annex C to IMCOM OPORD 20-005 Part 1
OFFICE SYMBOL DATE
MEMORANDUM THRU [Appropriate IMCOM-Directorate (Readiness, Sustainment, Training, Pacific), ADDRESS]
FOR Deputy Commanding General, U.S. Army Installation Management Command, 2405 Gun Shed Rd, Joint Base San Antonio, Fort Sam Houston, TX 78234-1223 SUBJECT: Intergovernmental Support Agreement (IGSA) Concept: (Garrison Name and IGSA Concept Short Title) (Example: Garrison X: Trash Removal Services)
1. References:
a. IMCOM OPORD 20-005: IMCOM Intergovernmental Support Agreement (IGSA) Program.
b. (List additional policies/regulations/Operation Orders that are relevant)
2. Scope: Concisely provide the IGSA scope here. (Example: Garrison X will partner with City Y to share City Y trash removal services currently procured by Garrison X via a services contract).
3. Objectives: What are goals/objectives of this partnership?
4. Discussion: Provide a brief overview of proposed IGSA, e.g., why/when needed, key events, leadership decisions, public requests, or other information/influences on local government/Army relationship. Include all pertinent information that has bearing on the proposed IGSA concept. (Example: Garrison X currently contracts for trash removal services via a services contract. This contract is a base plus 4 option year contract currently in the 3rd option year. By partnering with City Y and using their trash removal services we estimate this IGSA concept could save $X per year.)
5. Benefit Analysis: Answer the question: Why is this IGSA concept in the best interest of the Army and the proposed public partner? All direct and indirect drivers/costs should be quantifiable; avoid qualitative drivers/costs. (Example: The Garrison X trash removal contract cost $100K per year. The estimate annual cost of using the City Y trash removal service is $65K. Garrison X can achieve a cost avoidance savings of an estimated $35K per year by partnering with City Y for trash removal services. The City partner will benefit from an additional administrative revenue stream.). 39 6. Risk Analysis: List here any issues that my complicate implementation of the IGSA concept and provide a risk mitigation strategy for dealing with the issue. (Example:
Additional costs may be incurred if current trash removal contract is terminated mid option year. Will wait until end of option year before implementing IGSA contract.
Option year ends on XX OCT 2018).
7. Place Garrison POC here.
Encls 2 SIGNATURE BLOCK
1 IGSA Coversheet
2 COA Determination
40 Enclosure 1 IGSA Coversheet
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) COVERSHEET
This document is intended to support the auditability of the IGSA program at installation and HQ IMCOM levels.
Preparer’s
Initials
Questions/Procedures
1. Installation and Partners:
2. Is the proposed function currently executed by the Army via contract? Yes No
2a. Identify the type of contract with a checkmark:
8(a) set-aside AbilityOne Other
2b. Contract award date: How many option years remain?
Contract expiration date:
2c. Current annual cost of the contract:
2d. Current Contract Number:
3. Has this function ever been performed by a Department of the ArmyCivilian? Yes No
3a. When was the last time this work was performed (year)?
4. Length of IGSA (Not to exceed 10-years):
5. Annual IGSA cost:
6. Estimated annual savings from transition to IGSA:
7. Estimated cost reduction percentage:
8. Estimated cost avoidance (if any):
8. Services provided:
9. IGSA Manager and Technical Representative (TR) (Name, title, email and phone):
41 Enclosure 2 Course of Action Determination
1. Constraints of Analysis (Include as many key facts/assumptions as required):
a. Facts: A fact is something that is empirically true and can be supported by evidence. Include only relevant facts – those items of information that have a direct bearing on the COA being developed.
(1) Fact 1:
(2) Fact 2:
(3) Fact 3:
b. Assumptions: Assumptions are factors or conditions that are essential to the success of the solution and are beyond the control of the organization. Assumptions define the ground rules and accepted statements in order to limit the scope of the COA.
They are explicit statements of conditions on which the COA is based. (1) Assumption 1:
(2) Assumption 2:
(3) Assumption 3:
2. Courses of Action (COA) (Include as many viable COAs as required and use short names):
a. COA 1 (Status Quo): The status quo (also known as the “As-Is” state), is the “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:
b. COA 2: Description of alternative COA. Include any relevant 2nd and 3rd order effects, risks, etc.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:
3. Selection Criteria and Decision Matrix: In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission 42 effectiveness, creating efficiencies, creating economies of scale, and by reducing costs.
These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise.
a. IGSA Selection Criteria Factors:
1. Readiness: Improves, enhances or expands Mission, Installation, and/or Community Readiness.
2. Efficiencies: Creates an efficiency or economies of scale.
3. Modernization: Modernizes Infrastructure, a Service, System, or Process.
4. Cost: Realizes cost reduction, deferral, or avoidance.
5. Quality of Life: Improves relationships with community / public partner.
Provides previously unavailable service to soldiers and their families. b. COA Determination Matrix (EXAMPLE):
Evaluation Criteria
Weight
Factor
COA 1- Status
Quo COA 2 - IGSA
Readiness 1 2 (2) 1 (1)
Efficiencies 1 3 (3) 1 (1)
Modernization 2 2 (4) 2 (4)
Cost 1 4 (4) 1 (1)
Quality of Life 2 2 (4) 2 (4)
Score 13 (17) 7 (11)
Scoring - Individually score each criteria within the COA to produce a preferred COA.
Assign a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse.
You may score each criteria with the same number across different COAs.
This is a scoring matrix not a ranking.
*(Weighted Total = weight factor X score)
LESS IS BEST
4. Detailed cost comparison: This form is to be filled out in an excel spreadsheet and inserted into the Course of Action Determination enclosure. The detailed cost comparison will look at what the installation is currently paying for services line-by-line and that will be crossed referenced against the recommended COA for comparison.
Detailed Cost Comparison - EXAMPLE
Supplies/Services COA 1: Contract COA 2: IGSA DELTA
Solid Waste
Management Services
0 0
Project Management $1,127,655.60 0
Manpower Tracking $1,049.93 0
43 Wage Determination
Adjustment
$2,507.55 0
Cantonment Areas
Solid Wastes
$552,451.09 0
Contaminated Soil $88,971.43 $40,000.00
Recovery/Recycling
Program
$143,313.45 0
CSWCP Operation $940,398.59 0
Collect, Transport, Sort,
Dispose of Field Waste
$1,590,244.36 $57,482.88
Verification of
Inspection &
Segregation
$7,664.09 $10,000.00
Conveyor System
Repair
$17,142.86 $10,000.00
Municipal Solid Waste 0 $1,888,676.07
Diversion Waste 0 $25,144.61
Totals $4,471,398.95 $2,031,303.56 $2,440,095.30
5. Recommendation: Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives. Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.
6. Addendums if needed or required.
44 AbilityOne Example Letters Of Intent
Hudspeth County Government
Deputy Judge/Executive Michael Landon
P.O. Box 568, Queenstown, CT 90210
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:
The intent of this letter is to correct recent media reports regarding the potential Fort Swampy Installation Janitorial Intergovernmental Services Agreement (IGSA) and partnership with “SUBCONTRACTOR NAME” that insinuated AB1 team members will be terminated en masse.
At the outset of our partnership exploration, Hudspeth County Government has been dedicated to ensuring the protection of the current AB1 employees to the greatest extent possible. The current AB1 employees are our constituents and they live and work within our great county; therefore, their welfare is of maximum concern to the leadership of Hudspeth County Government.
As such, once “SUBCONTRACTOR NAME” was selected as the best evaluated bid, the first topic of discussion was AB1 team members. Hudspeth County representatives strongly conveyed to Guardian leadership its desire to see as many of the AB1 employees retained as possible. While we realize it's impossible for 100% of the employees to be retained, I'm proud to say - as you will see in “SUBCONTRACTOR NAME” attached letter - they share a sincere and strong commitment to retain as many as absolutely possible, subject to their mission restraints and constraints.
I trust this will clear up the misunderstandings recently aired in local media. Thank you again for extending another partnership opportunity to Hudspeth County's taxpayers. We are committed to providing the best possible service while also ensuring the maximum preservation of employment possible for AB1 team members.
Michael E. Landon
Hudspeth County Deputy Judge/Executive
Office: (210) 555-5550 • Fax: (210) 555-5590 • E-mail: [email protected] 45 SUBCONTRACTOR LETTERHEAD
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:
The “SUBCONTRACTOR NAME” team is very excited about the potential opportunity to serve Fort Swampy and our local community.
We are a minority owned business committed to employment for veterans, disabled veterans and disabled individuals as a whole. In fact, our executive team is majority veterans and we currently employ a few of the AB1 employees as part-time employees. Being from the community and dependents of veterans who retired in this area, we (the owners) are very aware of the importance of ensuring our company has solid representation reflective of the makeup of Hudspeth County.
The potential partnership with at Hudspeth County and Fort Swampy is exciting and we want to commit to doing the best possible job and being the best partner possible to EVERYONE involved.
This considered, we will work very hard within our budget to retain as many of the current AB1 team members as possible. In fact, as you know, this makes the most business sense in order to maintain as much continuity as possible just as the vast majority of other contractors do when taking over for another contractor.
In addition, we are involved with other businesses and contracts within the area. This considered, we believe it is likely we can extend offers of employment with these other businesses arid contracts to some of the individuals we are unable to employ at “SUBCONTRACTOR NAME.” As members of this community, we want to ensure our fellow community members are taken care of with our best efforts.
We think it is also prudent to point out that “SUBCONTRACTOR NAME” has a higher pay scale for individuals than the typical industry pay - to include AB1 employees - and we offer health insurance and 401k retirement options. We are committed to continuing a culture of excellence and service, while simultaneously taking care of our fellow community and team members.
Again, we appreciate the opportunity to serve and are happy to answer any questions you or your leadership may have.
Mark Antony (co-owner) Peter Doocy (co-owner)
46 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA)
BETWEEN THE
UNITED STATES AND
[Specify Municipality / Public Partner]
INSERT IGSA NUMBER (UIC > IGSA > Fund Center > FY > Series Number) This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and [specify municipality, hereafter PUBLIC PARTNER is used for brevity throughout this model] is entered into pursuant to federal law codified at 10 USC 2679. The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to [Garrison Commander] (hereafter GC) to execute agreements on behalf of the United States.
The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the [PUBLIC PARTNER], the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.
RESPONSIBILITIES OF THE PARTIES:
The PUBLIC PARTNER shall perform the installation support services as stated in this IGSA. The term “installation support services” only includes services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services.
This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel.
The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees. Under no circumstances, shall PUBLIC 47 PARTNER employees or contractors be deemed federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to collective bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA-M.
SUMMARY OF SERVICES AND PRICE:
[To be modeled by the IGSA-M based on CLINs, to include options, asneeded. For example:
In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:
[1st year: Services specify quantity specify unit specify total services 2nd year: SAB…]
[If funds are not available for the initial period of performance, add: Funds are not currently available for performance of this Agreement. No legal liability on the part of the United States shall arise until the IGSA-M notifies the PUBLIC PARTNER that funds are available and authorizes the PUBLIC PARTNER to begin performance of services.]
INCREMENTAL FUNDING (IF APPLICABLE): [If the installation does not have sufficient funds to pay for all services for a year’s performance, then the IGSA should state that:
The United States only has $ available for obligation and payment under this Agreement, and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA-M. The UnitedStates anticipates that it will receive additional funds incrementally to the full estimatedcost of the services for each performance period. The PUBLIC PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount offunds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA-M one month before it shall exceed the amount of available funding.
Upon receipt of such notification, the IGSA-M shall notify the PUBLIC PARTNER that additional funds have been allotted to the contract and specify theamount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.
The above conditions shall be applicable for each allotment of funding provided under the Agreement.]
TERM OF AGREEMENT: The term of this agreement shall be [specify: length.] [If more than one year, the agreement must state the term, such as:
The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA-M, and renewable for successive one year periods for 9 additional years.
The United States shall only be obligated for one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be 48 obligated for an additional year of performance upon receipt of suchfunds, and only upon written notice by the Agreement Officer of an intent to award the option for an additional year of performance. The IGSA-M shall provide notice of the renewal of the IGSA at least 10 days prior to the expiration of then current performance period. The IGSA-M may condition the renewal upon availability of funds, and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally terminated bythe IGSA-M without further liability to the United States.]
PAYMENT: The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA-M in advance. The Public Partner shall electronicallysubmit invoices or payment requests to the Government’s IGSA-TR and the IGSA-M. The IGSA-M will not authorize payment unless all billed services have been satisfactorily completed, and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specifiedin this Agreement. [The payment method for IGSAs will be made via Miscellaneous Payment transactions processed through the General Fund Enterprise Business System (GFEBS). All IGSAs will be manually entered into GFEBS to commit and obligate funds. Payments will be processed within GFEBS by the garrison Resource Management office, who will submit payment documents to DFAS who will issue payment via electronic fund transfer (EFT) or check to the Service Provider.]
[CHANGE IN RATES, if applicable and requested by the PUBLIC PARTNER: (ONLY INSERT IF PUBLIC PARTNER REQUESTS OPPORTUNITY TO CHANGES RATES— YOU CAN USE WHATEVER NOTICE AND APPROVAL DATES YOU NEGOTIATE):
Rates may only be adjusted upon days written notice to the IGSA-TR and the IGSAM. If the IGSA-TR or his representative disagree, the parties shall discuss the proposedrates, changes in the services, or other modifications to Agreement.
Modifications to prices in the Agreement must be reduced to writing and approved and incorporated intothe Agreement by the IGSA-M.].
OPEN COMMUNICATIONS AND QUALITY CONTROL: The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the orderly transition of responsibilities for performance of the services by the PUBLIC PARTNER.
INSPECTION OF SERVICES: The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The [installation proponent for the services with 49 IGSA-M concurrence] shall appoint an IGSA-TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identityof the IGSA-TR and his alternate, and of any changes. If services are performed outside the installation, the IGSA-TR shall be granted access to areas where services are performed.
The IGSA-TR shall have the right to inspect and test all services; inspections and tests to beconducted in a manner that will not unduly delay the performance of work.
If the IGSA-TR determines that services do not conform to the requirements in Agreement, the IGSA-TR can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the IGSA-TR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re-performance, the IGSA-TR can reduce the billed priceto reflect the reduced value of the services to be performed. The IGSA-TR may alternately, inhis sole discretion, waive price reductions or re-performance of services. Such waiversshall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA-M.
If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER’s performance, the Public Partner shall promptly notify the IGSA-TR.
In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and cannot be corrected to the satisfaction of the IGSA-TR, the IGSA-M may terminatethe IGSA immediately. Such termination shall not become effective without prior noticeand consultation with the PUBLIC PARTNER POC identified in this agreement.
TERMINATION: The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon days written notice to the POCs designated in this Agreement.
The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the IGSA-M of the termination, the PUBLIC PARTNER shall immediately stop all work. The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
SUSPENSION OF AGREEMENT: The United States reserves the right to suspend performance of the agreement or access to the installation in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the 50 United States.
APPLICABLE LAW: The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.
CLAIMS AND DISPUTES: The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The IGSA-TR shall represent the Government in such meetings.
If the parties are unable to resolve an issue, the IGSA-TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA-M for a final decision.
The written submission must specify the nature and basis for the relief requested and include all data that supports the claim, and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA-M shall issue a final decision within 90 days of receipt of each claim.
[Appeals authority: Needs to be resolved: I propose though that if the PUBLIC PARTNER is dissatisfied with the IGSA-M’s decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA-M.]
[If the PUBLIC PARTNER wants to use an ADR process for appeals, consider the following: As part of its appeal, the PUBLIC PARTNER may request alternate disputes resolution (ADR) to resolve disputes; the Government may agree to use of ADR in its sole discretion. If ADR procedures are employed, the installation commander shall consider the findings and recommendations of the third party mediator(s) in making his final determination.]
Final paragraph in the claims and disputes section shall always read: The parties agree to the above procedures in lieu of litigation in any forum.
NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA: The POCs for issues pertaining to this IGSA are as follows:
For the United States, the IGSA-TR or his designated representative.
For the Public Partner:
Unless otherwise specified, all notices under this Agree shall be provided to the POCs specified above.
The POCs and a management official at least one level above the POCs as well as the IGSA IGSA-M shall meet annually to discuss the IGSA, and consider any amendments 51 to the Agreement.
Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA-M in order to be effective.
DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION: The PUBLIC PARTNER shall conduct a visit of the installation with the IGSA-TR prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident avoidance plan and plan to protect Government property on the installation. The Public Partner shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the Public Partner does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The IGSA-TR shall provide written notice of the Government’s intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.
CONTINUITY OF SERVICES: The Public Partner recognizes that the services under this Agreement are vital to the United States and must be continued without interruption, and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the Public Partner agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.
HOLD HARMLESS: Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result of the activities of the PUBLIC PARTNER or its employees in performance of this Agreement.
WAGES AND LABOR LAW PROVISIONS: These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER, and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The PUBLIC PARTNER shall comply with all applicable federal, state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the IGSA-TR and the 52 IGSA-M. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.
NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT: This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The PUBLIC PARTNER shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.
TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA-M.
ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the IGSA-M.
Signatures and dates of signatures of the parties: [The IGSA-M shall sign last.] FOR THE UNITED STATES: FOR THE [MUNICIPALITY]:
IGSA-M [specify title]
Date Date
List all Attachments/Annexes:
53 SUGGESTED ATTACHMENTS/ANNEXES TO THE IGSA
(All approved IGSA Transaction Documents are on the IMCOM IGSA SharePoint site):
1) Statement of Work, to include specified tasks, performance required standards, as well as quality control requirements.
Statement of work (similar to contracts, but stating the basic services to be performed, frequency, responsibilities of each of the parties, etc.) [Note to drafters of IGSAs: This IGSA is based on the PUBLIC PARTNER providing services. If the IGSA will involve supplies or construction services, the installation must work with the IGSA-M and legal counsel to determine whether additional provisions are appropriate.
For construction, repair, and maintenance type services, see FAR Part 36 (inspections, liquidated damages, material and workmanship, protection of vegetation and buildings, storage areas, accident prevention, utilities). For example, if the Agreement will require the PUBLIC PARTNER to repair or paint a government facility, the installation could consider including a liquidated damages provision which is typical of some of our construction and similar service type contracts. However, the Davis Bacon Act would not be applicable.
If the PUBLIC PARTNER will furnish supplies, the applicable Buy America Act provisions need to be addressed in the IGSA. See FAR Part 25 and DFARS 225. The Walsh Healey Act would not be applicable. The PUBLIC PARTNER should provide title to all goods provided, and a warrantee of merchantability and fitness for use.
Special issues:
(1) If convict labor is proposed, consult with counsel to see if the conditions in FAR
22.201 which are based on Executive Orders can be satisfied. It is unlikely that convict labor can be used unless they are paid at wage grades or rates normally paid by the PUBLIC PARTNER, see 10 USC 2679(a)(2)(B).
(2) If the PUBLIC PARTNER proposes to provide prison related facilities and services for housing of military prisoners, consult with the installation provost marshal and staff judge advocate for appropriate additional provisions.
(3) If the PUBLIC PARTNER will provide administrative support to the installation, consider adding FOIA, Privacy Act, and HIPPA provisions, as applicable, as well prohibitions on the disclosure or use of non-public information. (4) If the PUBLIC PARTNER will provide IT services, consult with counsel and consider adding appropriate provisions in DFARS Part 227.]
2) Describe all Government or PUBLIC PARTNER furnished property, equipment, and services:
Consider the following provisions:
GOVERNMENT FURNISHED PROPETY:
[If the PUBLIC PARTNER will use government equipment or facilities in performance of the IGSA, the IGSA should include an inventory of such items, and require an 54 accounting of all items at the beginning and end of the IGSA. [If space or facilities will be provided to the PUBLIC PARTNER, advise whether utilities or other services will be provided at no cost or must be reimbursed. If space is provided, the Agreement should require the PUBLIC PARTNER to keep the area clean and free from accumulations of materials and waste, and address who will be responsible for repairs and custodial services.
The IGSA should additionally provide: The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property caused by its employees whether intentionally or through negligence. Should government furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR.
Governmentfurnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.
[For contractor furnished property, if the installation lists the equipment and facilities which will be provided to the PUBLIC PARTNER, the IGSA can add the following provision: The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
2) Acronyms and Definitions (list as applicable):
3) Installation Security and Access Requirements:
INSTALLATION SECURITY AND ACCESS REQUIREMENTS: [if work will be performed on an Army installation or other property under the Army’s control, consult with the installation G-2 to add specific security requirements that must be met for contractors toaccess Army property as well as background requirements for PUBLIC PARTNER employees. The following work sheet shall be completed by the proponent for the services, submitted to the installation G-2 for review and approval, and submitted to theIGSA-M. The installation G-2 shall submit any additional installation security procedures and requirements to the IGSA-M, to include any limitations on access to the installation, specific gates to be used, licensing and inspection of vehicle requirements, etc. In the unlikely event that the Agreement will require PUBLIC PARTNER or its employees to access classified information, the installation shall specify procedures for access, storage, and similar procedures for all classified information. The IGSA-M shall additionally tailor FAR 52.204-2 forinclusion in the Agreement.]
Recommend including in this attachment: The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.
The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services underthis IGSA without the specific 55 approval of the IGSA-TR. The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.
All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name.
CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/OPERATIONS
SECURITY REVIEW COVER SHEET
Requirements Package Title
Date
Section I.
Purpose of cover sheet: To document the review of the requirements package, statement of work (SOW), quality assurance surveillance plan and any applicable source selection evaluation criteria for antiterrorism (AT) and other related protection matters to include, but not limited to: AT, operations security (OPSEC), information assurance (IA)/cyber security, physical security, law enforcement, intelligence, foreign disclosure.
Army policy requirement: A signed AT/OPSEC cover sheet is required to be included in all requirements packages except for supply contracts under the simplified acquisition level threshold, field ordering officer actions and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold.
Mandatory review and signatures: The requiring activity antiterrorism officer (ATO) must review each requirements package prior to submission to the supporting contracting activity to include coordination with other staff elements for review as appropriate per section II below. If the requiring activity does not have an ATO, the first ATO in the chain of command will review the contract for considerations. An OPSEC officer and Information Officer review is also mandatory.
Section II. Standard Contract Language Provision/Contract Clause Text Applicability and/or Additional SOW Language. If standard contract or clause language found on page 2 (Section IV) of this form is sufficient to meet specific contract request requirements, check "yes" in block below and include this language in the SOW. If standard contract text (provisions or clauses) or clause language does 56 not apply, check "no." If the standard SOW language applies, but is not in of itself sufficient, check "yes" and "SOW" and include both the standard language and additional contract specific language in the SOW. If standard contract text or clause language is not desired, but there is related contract specific language in the SOW, check "no" and "SOW." If yes is marked for items 1, 3, 4, 7, 8, 12 or 13, training is required. Mandatory training must be measured as a deliverable and evaluated in the QASP.
1. AT level 1 training (general) YES NO SOW
2. Access and general protection policy and
procedures
YES NO SOW
2a. For contractor requiring Common Access
Card (CAC)
YES NO SOW
2b. For contractor not eligible for CAC, but
requires access to DoD facility or installation.
YES NO SOW
3. AT awareness training for US based
contractor personnel traveling overseas.
YES NO SOW
4. iWATCH training YES NO SOW
5. Army Training Certification Tracking System
(ATCTS) registration for contractor employees
who require access to government information
systems.
YES NO SOW
6. For contracts that require a formal OPSEC
program.
YES NO SOW
7. Requirement for OPSEC training YES NO SOW
8. Information assurance/information technology
training
YES NO SOW
9. Information assurance/information technology
certification
YES NO SOW
10. Contractor Authorized to Accompany the
Force clause
YES NO SOW
11. Contract requiring performance or delivery in
a foreign country
YES NO SOW
12. Handling/Access to Classified Information YES NO SOW
13. Threat Awareness Reporting Program YES NO SOW
14. Delivery of Food and Water YES NO SOW
Section III. Remarks:
57 Antiterrorism Review Signature: I am an ATO (Level II Certified) and have reviewed the requirements package and understand my responsibilities in accordance with Army Regulation 525-13, Antiterrorism.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Operations Security Review Signature: I am OPSEC level II certified and have reviewed the requirements package, and it is in compliance with Army Regulation 530-1, Operations Security.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Information Assurance Review Signature: I am IAM and IAT level III certified and have reviewed the requirements package and it is in compliance with DOD 8570.01-M and DOD 8580-1 para 4.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.
1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion 58 of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil
2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated subcontractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13.
Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.
59 4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.
The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO).
This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.
This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.
5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems.
All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.
6. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.
7. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. AT level I awareness training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm
8. For Cyber Awareness (Information assurance (IA)/information technology (IT)) training. All contractor employees and associated sub-contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. AT level I awareness training is available at the following website:
https://ia.signal.army.mil/DoDIAA/
9. For Cyber (Information assurance (IA)/information technology (IT)) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting Cyber (IA/IT) functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.
10. For contractors authorized to accompany the force. DFARS Clause 252.225- 7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other 60 military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.
11. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingency and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.
12. For contracts that require handling or access to classified information.
Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.
13. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b of AR 381-12.
14. For contracts that require delivery of food and water. This standard language is for contractor employees with an area of performance delivering food and water within an Army-controlled installation, facility or area. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and / or Law enforcement Officials. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to insure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading. Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to 61 adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.
4) Other General Provisions to be considered:
FEDERAL HOLIDAYS: [If applicable, specify when the contractor can perform services on the installation, and advise whether the contractor is obligated to perform during federal holidays. If not, specify whether the services be made up, for example, performed on the next duty day, or skipped. The federal holidays should be listed.] INSURANCE [If services are provided on post]: The PUBLIC PARTNER shall at its own expense provide and maintain during the entire period of this IGSA the following insurance:
a. General liability insurance with a minimum combined single limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for all premises and operations. The policy shall include coverage for bodily injury, death and property damage arising out of actions or omissions by the PUBLIC PARTNER or its employees or contractors. b. Comprehensive vehicular liability insurance in the combined single limit of $1,000,000 per occurrence for bodily injury and property damage.
c. Copies shall be furnished to the IGSA-TR and IGSA-M before providing services under this agreement.
[NOTE BENE: The PUBLIC PARTNER may propose to self-insure for such damage.
Its acceptability should be assessed by the installation. If acceptable, an appropriate provision should be included in the IGSA addressing self-insurance and stating that the self-insurance is authorized in lieu of the above insurance requirements.
LIABILITY FOR DAMAGE TO THIRD PARTIES: The PUBLIC PARTNER shall be liable to the government for loss or damage to third parties in performance of the services, wherever performed, and for injury or death of persons resulting from the negligence or fault of the PUBLIC PARTNER , its employees, its contractors, or agents in performance of the contract. The PUBLIC PARTNER shall hold the United States harmless from claims or litigation from third parties, and shall indemnify the Government for all judgments against it as well as costs incurred in connection with defense of such litigation. The United States shall not be responsible for injuries and deaths to the PUBLIC PARTNER’s employees or employees of its contractors, unless caused by a Government employee and compensable pursuant to federal legislation authorizing recovery against the United States.
DUTY TO COOPERATE IN ACCIDENTS AND DAMAGE: The PUBLIC PARTNER shall fully cooperate with the United States in investigations involving accidents or damage to property or persons on property under federal control. The PUBLIC PARTNER shall timely furnish to the IGSA-TR reports of investigations it completes regardingsuch incidents.
MEDICAL CARE IN EMERGENCIES:
[Specify whether military or other medical facilities on post will be made available for treatment of PUBLIC PARTNER employees in event of emergencies, and whether such 62 services will be reimbursed by the PUBLIC PARTNER. Consult with the local military treatment facility commander.]
ENVIRONMENTAL REQUIREMENTS:
[The installation’s DPW and environmental law attorney should provide any environmental requirements applicable to the installation. If hazardous materials are involved, or the PUBLIC PARTNER must use hazardous materials in performance, consider tailoring clauses at FAR 52.223-3, etc.]
DRUG FREE WORKPLACE ON MILITARY INSTALLATIONS AND FACILITIES: All property under the control of the Department of the Army are drug free areas.
Notwithstanding any contrary State or Local law, the Public Partner shall notify all individuals performing services on the installation that no controlled substances as specified in the Controlled Substances Act and 21 Code of Federal Regulations shall be sold, distributed, used or consumed on the installation. The IGSA-TR may direct the PUBLIC PARTNER to bar individuals who violate these laws and policies. Such individuals additionally may be barred from access to the installation by the installation commander.
PUBLIC PARTNER EMPLOYEE REQUIREMENTS: All PUBLIC PARTNER and contractor employees shall comply with all installation security, health and safety conditions. Employees who interface with government personnel shall be able to speak and understand English. All employees shall wear identification badges or distinctive clothing which clearly identifies that they are PUBLIC PARTNER employees.
At the conclusion of the IGSA or whenever an employee no longer performs IGSA services, the PUBLIC PARTNER will provide the IGSA-TR all identification or other credentials furnished by the government.
[Add: Installation regulations or practices that are applicable to all individuals on post that might not be specified elsewhere in the IGSA].
63 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE
APPOINTMENT MEMORANDUM TEMPLATE
OFFICE SYMBOL DATE
MEMORANDUM FOR the X Garrison Intergovernmental Support Agreements (IGSA) Manager/Technical Representative, IGSA-M/TR Name
SUBJECT: Delegation of Authority for IGSA Manager/Technical Representative Role and Responsibility
You are hereby appointed the Garrison IGSA Manager/Technical Representative.
You and your immediate supervisor are required to sign the last page of this memorandum within seven calendar days to acknowledge your appointment as the IGSA-M/TR to demonstrate that you are in receipt of this memorandum.
You should familiarize yourself with the IGSA oversight process and communicate with the Garrison IGSA Technical Representatives, IGSA Support Agreement Specialist and IGSA community partners as necessary to ensure satisfactory performance of the IGSA requirements. You are the only Army employee who has the role and responsibility to initiate, coordinate, and integrate outreach efforts to establish community partnership for IGSAs at Garrison, STATE (Garrison Acronym)
In your capacity as IGSA-M, you have the authority to:
1. Conduct the initial outreach efforts with community leaders for consideration of IGSAs.
2. Ensure the follow-up, coordination, and organization of preliminary planning meetingswith Community Senior Leaders, the Garrison Commander, Installation stakeholders and IMCOM HQ SME Leaders.
Your responsibilities as the IGSA-M/TR also include, but are notlimited to:
1. Maintain a professional relationship with the IGSA partner in the interest of Army integrity and sound management.
2. Ensure due outs are executed from all stakeholder meetings.
3. At a minimum, the IGSA-M/TR’s files should contain copies of the following:
a. This IGSA-M appointment memorandum and acknowledgement. b. IGSA transaction instrument and any modifications.
c. Records of conversations with the IGSA partner, including meeting notes.
All records must be retained for 6 years, 3 months.
Your designation as IGSA-M/TR shall remain in effect through the IGSA Mission timeline unless sooner revoked by the Garrison Commander (or equivalent), 64 and any such revocation of the designation shall be in writing. If your designation is revoked for any reason, turn your records over to the successor IGSA-M/TR.
The undersigned acknowledges the IGSA-M/TR appointment and accepts the duties, responsibilities and limitations described in this appointment memorandum.
The IGSA Integration Manager’s immediate supervisor confirms that sufficient time will be given for the IGSA Integration Manager to perform the IGSA Integration role.
Insert IGSA-M/TR Full Name Date
Insert IGSA-M/TR Supervisor Full Name Date
Garrison Commander (for IGSA-M)/
IGSA-M name for IGSA-TRs
Colonel, BRANCH /Office of IGSA-M
Commanding/IGSA-M for TRs
65 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE
Guidance for Execution of Army IGSAs where Army Receives Installation Support Services from a State or Local Government
GENERAL INFORMATION:
The payment method for IGSAs with municipalities will be made via a Miscellaneous Receipts payment transaction through the General Fund Enterprise Business System (GFEBS). Thirty days is the average processing time after all information is loaded into GFEBS. After the IGSA transaction document is signed by both the municipality representative and the garrison commander, the unique IGSA number be manually entered into GFEBS to commit funds. Electronic Fund Transfer (EFT) information will be provided by the municipality for the payment.
In the current fiscally constrained environment, it is essential that IMCOM leverage Intergovernmental Support Agreement (IGSA) authorities and opportunities to seek cost-cutting efficiencies, improve service delivery, and improve relationships with state and local governments. The benefits of Public-to-Public partnerships include: Army use of communities' excess capability; community use of the Army's excess capability, increased economies of scale, cost savings and avoidance, and enhanced relationships with our public sector partners. IGSAs have the potential to realize 30% cost reduction in service delivery over traditional acquisition methods. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, JWOD, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8A, Ability-1, and other special acquisition programs.
Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison Resource Management Office must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be made via a miscellaneous payment transaction through the General Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.
Financial managers will build utilize the project structure provided by G4, and set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook. Each IGSA will be given a unique number so that it can be tracked.
The numbering convention for IGSAs is as follows:
UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001
66 In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:
IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:
1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.
2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:
IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.
3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSAFund Center-FY-Sequence number of the IGSA (IGSA Number)
4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
67 b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable
(6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logstics Agency through SAM.GOV)
(8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA-TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSA-M.
d. The IGSA Manager (IGSA-M) will review invoice and authorize payment if all billed services have been satisfactorily completed. 68 e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.
5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure
execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.
G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], (870) 648-5220