Bidders Library JITC Instructions - JITCI 640-50-06.pdf

DEFENSE INFORMATION SYSTEMS AGENCY

P. O. BOX 549

FORT MEADE, MARYLAND 20755-0549

JITC INSTRUCTION 640-50-06* 17 March 2014

ORGANIZATION AND HUMAN RESOURCES

Support Agreements

1. Purpose. This instruction prescribes policy, assigns responsibility, and outlines duties for preparing, coordinating, and modifying support agreements.

2. Applicability. This instruction applies to all military and civilian personnel assigned to or employed by Joint Interoperability Test Command (JITC) and contractors engaged in work on behalf of JITC.

3. Authority. This instruction is published in accordance with the authority contained in Defense Information Systems Agency (DISA) Instruction 640-50-6, Interservice and Intragovernmental Support, dated, 25 October 2007 (Last Certified Date:

9 September 2010), and Department of Defense Instruction (DoDI) 4000.19, Support Agreements, dated, 25 April 2013.

4. References.

4.1 Chief Financial Executive/Comptroller Memorandum, Subject:

Support Agreement Numbers on DD Form 448, MIPR, dated, 7 July 2008.

4.2 The JITC Instruction 650-70-01, Reimbursable Charging and Cost Estimating Policy, dated, 12 July 2013.

4.3 DoD Financial Management Regulation (FMR) 7000.14-R, Volume 14, Chapter 1, Section 010206, dated, January 2009.

5. Definitions.

5.1 Support Agreements Repository (SAR). A web-based

repository maintained by the Chief, Financial Executive/Comptroller (CFE) that contains signed Agreements by Organization, policies, templates, and training material to assist action officers (AOs) in the preparation and coordination of each type of agreement.

https://east.esps.disa.mil/DISA/ORG/SPI/Issuances/Issuances%20Library%20Public/Y%20-Internal%20Release%20-%20Open%20(DISA%20Staff)%20%20To%20Be%20Deleted%20Use%20P%20or%20F/di640506%209%20Sept%202010.pdf https://east.esps.disa.mil/DISA/ORG/DC6/SAR/Guidance%20Policy%20and%20Reference%20Documents/DODI%204000.19%20%20%2025%20April%202013.pdf https://east.esps.disa.mil/DISA/ORG/DC6/SAR/default.aspx

5.2 Memorandum of Agreement (MOA). A memorandum defining

specific terms and responsibilities that two or more parties agree to in writing. MOAs can be used to document a single reimbursable purchase, non-recurring reimbursable support, and non-reimbursable support. Consecutive reimbursable MOAs will not be used for similar single reimbursable purchases or non-recurring support to circumvent the use of DD Form 1144.

5.3 Memorandum of Understanding (MOU). A memorandum defining

general areas of understanding between two or more parties that do not involve reimbursement.

5.4 The DD Form 1144, Support Agreement (1144 SA). A formal

agreement, recorded on a DD Form 1144 or similar format (when initiated for intragovernmental support by a non-DoD department or agency), which documents recurring support provided by one supplier to one or more DOD or non-DoD Federal activities (receivers). Support Agreements define the support services to be provided; identify specific responsibilities, specify the basis for calculating reimbursement charges (if any); establish the billing and reimbursement process; and specify other terms and conditions of the agreement. The DD Form 1144 generally contains reimbursable costs and will be effective for no more than four years. Support Agreements should be negotiated at the lowest practical agency/organizational level.

6. Policy.

6.1 The FMR requires a reasonable assurance (i.e., an

agreement) between JITC and a reimbursable customer on the cost of work performance. Typically, the agreement is in the form of a Plan of Action and Milestones (POA&M), developed in accordance with JITC Instruction 650-70-01, “Reimbursable Charging and Cost Estimating Policy.” However, reimbursable customers may request the establishment of an MOA, MOU, or 1144 SA.

6.2 All support agreements will be staffed through the JITC

Support Agreement Manager (JITC SAM) to the CFEB3 Home Team Chief, DISA Support Agreements Manager (ASAM), Legal, and Comptroller before the JITC Commander’s signature. Other DISA approvals may be required if any of the following apply:

significant impact to the DISA Program Objective Memorandum (POM) or mission, manpower issues, funds leaving DISA, services to DISA administered by contract, or No-cost Agreements with City, County, State, and Tribal Governments, and with Nonprofit Organizations.

6.3 Approving Officials. The JITC Commander is delegated the

authority to approve all JITC SAs. The approval of a support agreement is indicated by the Commander signing the support agreement.

6.4 Specifics for the further delegation of support agreement approval authority are as follows:

6.4.1 SAs with DoD or non-DoD Federal agencies (DD 1144, MOA, MOU). When the JITC Commander is not available, SA approval authority is delegated to the Deputy Commander for Test and Evaluation.

6.4.2 DD 1144 SAs with DoD agencies. Approval authority for DD 1144 SAs with DoD agencies is further delegated to the Division/Portfolio (Div/Port) Leads.

6.5 The following are exceptions to the delegation of approval authority:

6.5.1 DD 1144 SAs with fiscal year dollar values exceeding

$750K will be approved by the JITC Commander.

6.5.2 DD 1144s with non-DoD Federal agencies (i.e. between JITC and another Federal Agency outside DoD) will be approved by the JITC Commander.

6.5.3 DD 1144 SAs for programs that require Director

Operational Test & Evaluation (DOT&E) oversight will be approved the JITC Commander.

6.5.4 DD 1144 SAs that affect the Command as a whole, or will affect Command policy, mission, Program Objective Memorandum, strategic direction, will be approved by the JITC Commander.

6.5.5 SAs judged by the approving authorities to be at a level of complexity, importance, political sensitivity, or dollar value to warrant elevating approval/signature to a higher level will be approved by the JITC Commander.

7. Documentation Requirements.

7.1 The SA Development. The AO will contact the JITC SAM to

determine the appropriate type and proper format for the agreement. The JITC SAM will provide the AO with the DISA SA Form 9 template, required elements, and the appropriate document template.

7.1.1 MOA Document Preparation. The JITC provides two MOA

template choices: a reimbursable MOA, which establishes the basic framework for reimbursable support and a Non-reimbursable MOA, which establishes a dependent relationship not involving reimbursable support. Per DISA SA policy, an MOA can be effective for no more than nine years.

7.1.2 MOU Document Preparation. There is only one type of MOU.

The MOU establishes a non-dependent relationship between parties without reimbursable support. Per DISA SA policy, an MOU can be effective for no more than nine years.

7.1.3 DD 1144 SA Document Preparation. The JITC provides two

DD 1144 SA template choices: The supplier 1144 SA and the receiver 1144 SA. The supplier 1144 SA establishes the basic framework for recurring reimbursable support provided by JITC to another DoD component agency or command or non-DoD Federal activity. The receiver 1144 SA establishes the basic framework for recurring reimbursable support received from another DoD component agency or command or non-DoD Federal activity. An 1144 SA can be effective for no more than four years.

7.2 Document Staffing. The AO will staff all SA documents on a DISA SA Form 9. The DISA SA Form 9 agreement templates contain the core offices required for staffing the document. However, the AO should ensure that any major stakeholder reviews the document before sending it to the JITC SAM for DISA Legal/Comptroller coordination. During the review, DISA Legal, Comptroller, and senior leadership will either concur or non-concur with the agreement.

7.3 Configuration Management. The following information

outlines the typical actions accomplished after the JITC Commander signs the SA.

7.3.1 When an agreement has to be sent for other organizations’ signatures: The JITC Commander or his designee signs the MOA/MOU/DD 1144; the document is scanned and e-mailed to the other organization’s Point of Contact (POC) to obtain signature;

the POC scans the signed document and e-mails it back to the JITC SAM. Electronic (meaning CAC enabled) signatures are not authorized on these documents.

7.3.2 If an agreement is signed in person, the Commander and

the other organization sign the documents; one copy is given to the JITC AO and one is given to the other organization.

7.3.3 The JITC SAM completes the process by posting the

document on the DISA SAR, archiving a copy on the JITC network shared directory, and updating the SA active index spreadsheet.

8. Responsibility.

8.1 The JITC Commander will serve as the primary JITC SA

signature authority. The JITC Commander will sign the agreement after it has been staffed through the proper channels.

8.2 When the JITC Commander is not available, the Deputy

Commander for Test and Evaluation will serve as the alternate JITC SA signature authority. The Deputy Commander for Test and Evaluation or Chief of Operations will sign the agreement, with exceptions as detailed in paragraph 6.5, after it has been staffed through the proper channels.

8.3 The Division/Portfolio Chief will:

8.3.1 Review and approve any SAs pertaining to their

Division/Portfolio mission and function. If errors are found, the document and comments will be sent back to the JITC SAM to coordinate corrections with the AO when needed.

8.3.2 Serve as the JITC DD Form 1144 SA signature authority, with exceptions as detailed in paragraph 6.5, after the agreement has been staffed through the proper channels.

8.4 The JITC SAM will:

8.4.1 Serve as JITC's point of contact for policy and guidance pertaining to SAs and provide specific guidance and assistance to the JITC AOs in formatting and staffing agreements and amendments.

8.4.2 Assist AOs in determining the type of agreement necessary and provide the correct agreement format, checklists, and DISA SA Form 9 templates for staffing procedures.

8.4.3 Review agreements and modifications to ensure compliance with DoDI 4000.19, DISAI 640-50-6, this instruction, and established financial policy. Ensure the document is in the correct format.

8.4.4 Ensure all SAs are processed with the necessary elements.

https://east.esps.disa.mil/DISA/ORG/DC6/SAR/Guidance%20Policy%20and%20Reference%20Documents/DODI%204000.19%20%20%2025%20April%202013.pdf https://east.esps.disa.mil/DISA/ORG/SPI/Issuances/Issuances%20Library%20Public/Y%20-Internal%20Release%20-%20Open%20(DISA%20Staff)%20%20To%20Be%20Deleted%20Use%20P%20or%20F/di640506%209%20Sept%202010.pdf https://east.esps.disa.mil/DISA/ORG/SPI/Issuances/Issuances%20Library%20Public/Y%20-Internal%20Release%20-%20Open%20(DISA%20Staff)%20%20To%20Be%20Deleted%20Use%20P%20or%20F/di640506%209%20Sept%202010.pdf

8.4.5 Obtain DISA numbers for all agreements from the ASAM.

8.4.6 Ensure fully signed and complete support agreement pdf

files are entered into the SAR, DISA’s official repository, within 5 working days after receipt from the Action Officer.

8.4.7 Monitor the status of all unsigned support agreements

that are being routed for review and approval with a DISA Form 9 and those that DISA has approved but have not been approved by the other party or parties.

8.4.8 Monitor the completion of annual reviews by AOs and

update the SAR with dates each agreement is reviewed.

8.4.9 Monitor the Expiration Dates of all active agreements in the SAR and contact the assigned AOs within 6 months of the Expiration Date to determine if the agreement must be extended or replaced with a new agreement. For those agreements that reach the Expiration Date and no amendment to extend them has been initiated, change the status to Expired within 5 working days after the expiration date.

8.4.10 Check the shared drive quarterly to ensure all

information is current and correct.

8.4.11 Maintain spreadsheets for each agreement status (Active, Inactive, and Working) and ensure the spreadsheet comments are maintained and up-to-date.

8.4.12 Move the expired or terminated SAs to the archived

portion of the SAR upon expiration or termination or after the annual review, as warranted. Do not remove them from the Active spreadsheet until they are archived in the SAR.

8.5 The AO will:

8.5.1 Determine the technical content of the agreement and

coordinate with the customer on agreement terms.

8.5.2 Verify agreements meet established customer needs, current mission requirements, and future organizational objectives.

8.5.3 Incorporate changes to the agreement as appropriate.

8.5.4 Determine project stakeholders for DISA SA Form 9

processing.