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					                                       TRICARE
                                      Management
HEALTH AFFAIRS                           Activity




                 Support Agreements
                         &
                   Funds Transfers
                           Agenda
                                              TRICARE
                                             Management
HEALTH AFFAIRS                                  Activity




      •    Statutory Background
      •    DoD Regulatory Background
      •    Recent OMB Guidance
      •    TMA Implementation
      •    TMA Support Agreement Guidance
      •    Types of TMA Support Agreements
      •    Funds Transfers
      •    Process Flow

                                              2
                            Statutory Background
                                                                                  TRICARE
                                                                                 Management
HEALTH AFFAIRS                                                                      Activity



   • Economy Act
         – Applies in the absence of specific statutory authority
                 • The Economy Act applies to all Interservice (Intra-DoD) support
         – Must obligate funds by end of period of fund availability
         – Must return excess funds before their expiration
         – Supplier can’t make a “profit”
   • Separate Statutory Authority (Franchise Funds, GSA,
     etc) to:
         – May keep customer funds after normal fund expiration
         – May award contracts after normal fund expiration
         – Profit allowed (up to 4%)
                                                                                  3
                      Statutory Background (continued)
                                                                                       TRICARE
                                                                                      Management
HEALTH AFFAIRS                                                                           Activity




  • Section 801 of the FY 2008 National Defense
    Authorization Act
        – Requires the heads of all non-DoD agencies that provide
          acquisition support to DoD to certify in writing that the non-
          defense agency will comply with defense procurement
          requirements for the fiscal year
        – Certifications to date are posted at:
                 • http://www.acq.osd.mil/dpap/cpic/cp/interagency_acquisition.html
        – Absent this certification, no acquisition support may be
          requested by a DoD activity or provided by the non-DoD
          Federal agency without a waiver from USD(AT&L)
                                                                                       4
                       DoD Regulatory Background
                                                                  TRICARE
                                                                 Management
HEALTH AFFAIRS                                                      Activity



  • DFARS Subpart 17.5
        – Implements provisions of the Economy Act for Interagency
          acquisitions
        – Applies to all purchases, except micro-purchases, made for
          DoD by another agency
        – Refers to DoD Instruction 4000.19 for additional guidance
  • DoD Instruction 4000.19
        – Implements provisions of the Economy Act within DoD for
          both interservice and interagency support
        – Establishes documentation requirements
                 • For support agreements
                 • For reimbursable orders
                                                                  5
                                 Recent DoD Policy
                   Non-Economy Act and Non-DoD Transactions                   TRICARE
                                                                             Management
HEALTH AFFAIRS                                                                  Activity



  • Restrictions on Interagency Transactions
        – Requires review and approval similar to Economy Act D&F
        – DoD has entered into a number of high level agreements
          with other federal agencies (GSA, DoI, etc.)
                 • These agreements are posted to the DPAP web site
                 • Refer to individual agreements for further restrictions
  • New Restrictions on Non-Economy Act Transactions
        – Must apply the same fiscal rules as the Economy Act
        – Transactions above $500K require a DoD Contracting
          Officer review
        – Codified in DoDFMR Volume 11a, Chapter 18, “Non-
          Economy Act Orders,” dated Aug 08                                   6
                         Recent OMB Guidance
                                                                                    TRICARE
                                                                                   Management
HEALTH AFFAIRS                                                                        Activity



 • OMB Guidance on Interagency Acquisitions June 2008
       – Best Interest determinations required
       – Required elements for interagency acquisition support
         agreements
             • Part A (General Terms & Conditions)
                 – Establishes general terms and conditions
                 – DoD uses Support Agreement (DD Form 1144) with supporting
                   documentation
             • Part B (Requirements & Funding Information)
                 – Obligating document (also establishes Bona Fide need)
                 – Replaces use of a Military Interdepartmental Purchase Request (MIPR)
                   DD Form 448 to fund interagency acquisitions
       – Also provided model agreement template
                                                                                    7
                  Managing TMA Support Agreements
                                                                                  TRICARE
                                                                                 Management
HEALTH AFFAIRS                                                                      Activity



 • Several management changes over the last few years
 • Current TMA practices needed to be consistent:
       – Agreements often took varying forms
       – Some agreements were not documented
       – Approval authorities ranged from Program Manager to TMA Director
 • TMA leadership decided to:
       – Reduce the number of contract support activities and associated costs
       – Centralize agreement approval authority
             • TMA Deputy Director for all support agreements
             • Director, Acquisition Management & Support for agreements under $500K
       – Categorize and establish a uniform approach for establishing agreements
             • Acquisition Support Agreements
             • Program Type Support Agreements                                    8
                 TMA Acquisition Support Guidance
                                                               TRICARE
                                                              Management
HEALTH AFFAIRS                                                   Activity



 • TMA Guide for the Acquisition of Non-Purchased
   Care Support
       – http://www.tricare.mil/tps/AcquisitionOfNPCSupport.htm
 • Highlights statutory issues such as Economy Act, Non-
   Economy Act Authorities, and Bona Fide Need
 • Provides guidance on documenting:
       – TMA support agreements, and
       – Resulting Interagency Orders (funds transfers)



                                                                  9
                        TMA Support Agreements
                                                                                         TRICARE
                                                                                        Management
HEALTH AFFAIRS                                                                             Activity



 • Agreement approval authority resides with:
       – TMA Deputy Director for all agreements
       – Director, Acquisition Management & Support under $500K
 • Copies of signed support agreements requiring
   reimbursement are to be forwarded to, and retained at,
   the TMA Financial Operations Division (FOD).
 • Two basic categories of support agreements
       – Acquisition Support Agreements (or Agreements for “Assisted
           Acquisitions”, where a servicing agency performs acquisition activities on the
           requesting agency’s behalf. Includes Interagency Acquisition Agreements.)
       – Program Support Type Agreements
                                                                                        10
                 Acquisition Support Agreements
                                                                         TRICARE
                                                                        Management
HEALTH AFFAIRS                                                             Activity




    • Acquisition Support Agreements are made with outside
      contracting offices that award contracts on behalf of TMA.
          – TMA-wide agreements
          – Limited scope agreements
    • Resulting contracts are administered by TMA through a TMA
      Contracting Officer Representative (COR).
    • These agreements are generated within and managed by the
      TMA Contract Operations Division (COD) with input from
      requiring activities.
          – Initiated through Acquisition Support Agreement Worksheet
    • TMA has Acquisition Support Agreements with:
          – USAMRAA, ITEC4, NAVSEA, SPAWAR, and others
                                                                        11
                   Acquisition Support Agreement Worksheet
                                                                          TRICARE
                                                                         Management
HEALTH AFFAIRS                                                              Activity



      • Mechanism for obtaining minimum required information regarding
        proposed Acquisition Support Agreements
            – Who
                 • Proposed supplier
                 • POC at requiring activity
            – What
                 • Program supported
                 • Current support provided (if any)
                 • Any unique aspects of contracting support required
            – How Much?
                 • Reimbursement terms
            – Why
                 • Background summary
                 • Brief justification
      • http://www.tricare.mil/tps/AgreementWorksheet.doc
                                                                         12
                 Program Type Support Agreements
                                                                  TRICARE
                                                                 Management
HEALTH AFFAIRS                                                      Activity



    • Program Support Agreements govern other types of
      specialized non-acquisition support provided to TMA by
      another DoD organization (interservice) or non-DoD Federal
      agency (interagency).
    • They are generated within and managed by the PEO or the
      Functional Chief’s office.
    • If a contract is awarded as part of a program support
      agreement, the contract supports the supplying activity, who
      oversees contractor performance and signs receiving
      reports/invoices.
    • Under this type of agreement there should never be a situation
      where the supplying activity awards a contract that would be
      in direct support of and administered by TMA.              13
                 Program Support Agreement Template
                                                                                       TRICARE
                                                                                      Management
HEALTH AFFAIRS                                                                           Activity




 • Templates established for both types of TMA agreements
       – Program Support Agreement template posted to COD website
             • http://www.tricare.mil/tps/DD1144ProgramSupportAgreementTemplate.doc
       – Standardized content, format, and approval requirements
       – Combines DD Form 1144 and necessary supporting documentation into a
         single “template”
 • Template includes:
       –   Background and basis for agreement
       –   TMA and supporting activity responsibilities
       –   Provisions for reporting in support of inventory of purchased services
       –   Supporting activity performance standards
       –   Agreement administration and reimbursement provisions

                                                                                      14
                        Program Support Agreement
                              Considerations                                  TRICARE
                                                                             Management
HEALTH AFFAIRS                                                                  Activity




   • Consider the following before initiating a request for
     a new Program Support Agreement
         – Can this service be obtained via an existing TMA contract
           vehicle?
         – Can this requirement be added into an existing Program
           Support Agreement?
         – Are there any potential OCI concerns?
         – Is the proposed term too long? (Typically, agreements run for a
             single fiscal year and are renewed annually until the support
             stabilizes.)


                                                                             15
                                 Funds Transfers
                                                                                   TRICARE
                                                                                  Management
HEALTH AFFAIRS                                                                       Activity




  • All funds transfers are to be processed through COD and FOD
  • A completed support agreement is required prior to release of
    funds or acquisition packages to external organizations
  • PRW packages for funds transfers must contain the following:
        –   Narrative description of goods or services to be rendered
        –   IGCE or other cost estimate (showing the basis for the proposed amount)
        –   Total amount released to date under the governing support agreement
        –   Copy of the governing support agreement
  • Reference the PRW Checklist available through the COD
    website for required supporting documentation


                                                                                  16
                  PROGRAM SUPPORT AGREEMENT PROCESSING
                         From Agreement Pending Signature through Request Funds Transfer


                                                                                                              Agreement
TMA           Agreement
                                  Prepare Action                                                                Filed     Request Funds
Requiring    Pending TMA
                                      Memo                                                                                  Transfer
Activity       Signature




TMA Chief/                        Coordinate on
Designee                          Action Memo
                                                                                            No


TMA
Deputy                                                                                      Agreement
                                                                                             Signed?
Director                                                                                                Yes



                                  Coordinate on
  OGC                             Action Memo




                                                                            Coordinate on
 AM&S                                                                       Action Memo




                                                                                                              Agreement
 COD                                              Coordinate on                                                 Filed
                                                  Action Memo



                                                                                                              Agreement
 FOD                                                                        Coordinate on
                                                                                                                Filed
                                                                            Action Memo




 Supplying   Coordinate As
 Activity     Necessary

                                                                                                                                          17
                                           Requiring Activity Responsible for Routing
                        PROGRAM SUPPORT AGREEMENT PROCESSING
                                         From Request Funds Transfer through Perform Service

TMA                                        Prepare
             Request Funds                                                                                           Coordinate
Requiring                                   PRW
               Transfer                                                                                             Performance
Activity                                   Package




TMA Chief/                               Coordinate on
Designee                                    PRW

                                                                   No



TMA                                                        Approved?
Deputy
Director                                                                  Yes




 OGC



                                                          Coordinate on
 AM&S                                                        PRW


                                                                  Yes

 COD                                                         Scope               Prepare Package
                                                            Change?               for Processing
                                                                            No



                                                                                                   Issue MIPR or
 FOD                                                                                                other funding
                                                                                                      document




 Supplying                                                                                                           Perform
 Activity                                                                                                            Services

                                                                                                                                  18
             Requiring Activity Responsible for Routing
                 Questions
                              TRICARE
                             Management
HEALTH AFFAIRS                  Activity




                   ?


                             19

				
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Description: Franchise Agreement Template document sample