- Déc 20, 2020
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The NIJ may opt for discretionary grants in the form of grants or cooperation agreements. While many of you are familiar with subsidies, you may not be familiar with cooperation agreements. Cooperation agreements are just another tool to support crime and quality justice research. The cooperation agreements allow us to make full use of the expertise of NIJ scientists and to support innovative research. The table below shows some of the key differences and similarities between these two financing options. A cooperation agreement can be a highly specialized research award, in which federal employees are among the relatively few experts in this field. In this case, the award can be defined as a « cooperation agreement, » since federal officials and non-federal recipients will conduct the joint research in one way or another. Co-operative contracts are different from traditional purchase contracts and are therefore not subject to the Federal Acquisition Regulation (FAR). Like the other transaction authority, this approach gives agencies greater freedom to create the conditions for an agreement on new or innovative projects. For example, the FDA uses this freedom to promote food security with states by funding the implementation of food safety legislation. As the landscape of federal contracts becomes increasingly complex, cooperation agreements offer some contractors the opportunity to engage in a lighter federal funding mechanism.
Like the federal circuit at Hymas v. United States, 810 F.3d 1312 (Fed. Cir. 2016), the Federal Claims Court refers to the jurisdiction of the Tucker Act (28 U.S.C. p. 1491 (1) (1)) « speaks exclusively for procurement requests and contracts » (internal offers omitted). This means that when a federal authority decides to structure its supply into a cooperative agreement (a decision made under Chevron U.S.A., Inc. against natural Res. Defense Council, 467 U.S. 837, 865-66 (1984)), the only place where contractors protest an agency award decision, according to administrative procedure.
The main difference between a purchase contract and a cooperation contract is that a cooperation contract allocates money to another agency to fulfill a public purpose with the participation of the federal state. In a purchase agreement, the federal government buys a product or service from another company. (1 MB) Infographic: What is a cooperation agreement? A cooperation agreement is a legal agreement between the federal government and any other unit. A cooperation agreement is reached when the federal government transfers some value, usually money, to a state government, a municipality or a private company for public purposes.