Cooperative Agreements and

The American Recovery and Reinvestment Act

Emily E. ParkhurstOffice of the Solicitor

Rocky Mountain Regional Office303-231-5353 x221

Cooperative Agreements & ARRA

• Call your Solicitor’s Office early and often

Cooperative Agreements & ARRA

• Call your Solicitor’s Office early and often

• Guidance is being further defined

Cooperative Agreements & ARRA

• ARRA does not provide additional authority

• To use ARRA funds for a cooperative agreement, must meet all cooperative agreement requirements PLUS

Cooperative Agreements & ARRA

• Competition

“Executive departments and agencies shall develop transparent, merit-based selection criteria that will guide their available discretion in committing, obligating, or expending funds under the Recovery Act for grants and other forms of Federal financial assistance.”

Cooperative Agreements & ARRA• Statement of Work - - Why ARRA?

“The Recovery Act is designed to stimulate the economy through measures that, among other things, modernize the Nation's infrastructure, jump start American energy independence, expand high-quality educational opportunities, preserve and improve access to affordable health care, provide middle-class tax relief, and protect those in greatest need. It is not intended to fund projects for special interests.”

“We must also empower executive department and agency officials to exercise their available discretion and judgment to help ensure that Recovery Act funds . . . are not used for imprudent projects.”

Cooperative Agreements & ARRA

• Clauses Required by OMB Guidance (2 C.F.R. § 176 et seq.)

– Reporting Requirements– Buy American Act– Davis Bacon– Single Audit

Cooperative Agreements & ARRA

• Other Clauses and Provisions– Whistleblower Provisions– Additional access to records– Prohibition against use of funds for imprudent

projects

Cooperative Agreements & ARRA• Regular Clauses & Provisions including:– Authorities, Public Purpose, Substantial

Involvement

Cooperative Agreements & ARRA• Regular Clauses & Provisions including:– Authorities, Public Purpose, Substantial

Involvement

• ARRA Provisions (2 CFR 176 et seq.)– Reporting, Buy American, Davis-Bacon, Single

Audit

Cooperative Agreements & ARRA• Regular Clauses & Provisions including:– Authorities, Public Purpose, Substantial

Involvement

• ARRA Provisions (2 CFR 176 et seq.)– Reporting, Buy American, Davis-Bacon, Single

Audit

• Other Provisions– Whistleblower, Mixing of Funds, Access to

Records

Cooperative Agreements & ARRA• Regular Clauses & Provisions including:– Authorities, Public Purpose, Substantial

Involvement• ARRA Provisions (2 CFR 176 et seq.)– Reporting, Buy American, Davis-Bacon, Single

Audit• Other Provisions– Whistleblower, Mixing of Funds, Access to

Records• Other Considerations– Competition – Statement of Work

Cooperative Agreements & ARRA

• Call your Solicitor’s Office early and often

• Guidance is being further defined

Cooperative Agreements & ARRA

Emily E. ParkhurstOffice of the Solicitor

Rocky Mountain Regional Office303-231-5353 x221