U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
FHWA Order 2-23
|Classification Code||Date||Office of Primary Interest|
|2-23||March 8, 1973||HMS-1|
FEDERAL HIGHWAY ADMINISTRATION ORDER
March 8, 1973
Federal Highway Administration Order 2-23, Reimbursable Agreements.
This is an original issuance.
This order assigns responsibilities and establishes procedures for the processing of proposed reimbursable agreements, and amendments thereto, with other agencies and assures proper coordination, control and administration of such agreements.
R. R. Bartelsmeyer
Acting Federal Highway
March 8, 1973
To assign responsibilities and establish procedures for the processing of proposed reimbursable agreements, and amendments thereto, with other agencies and to assure proper coordination, control and administration of such agreements.
Services under reimbursable agreements are performed pursuant to 31 U.S.C. 686 or 23 U.S.C. 308.
(1) Goods and services obtained in normal procurement practices through a central service agency such as the General Services Administration (GSA) or the Department of Transportation (DOT) Working Capital Fund. (This exclusion does not apply to transactions involving pro rata or other assessments which are considered reimbursable agreements.)
(2) All agreements relating to foreign assistance programs. (See paragraph 6b for modified control procedure relative to foreign program agreements.)
(3) Agreements between FHWA and a State or local government or other institution for details for personnel under 5 U.S.C. 3371 et seq.
(4) Payments required by law to be made to another Federal agency.
(5) Reimbursements between appropriations within FHWA.
(6) Routine audit work specifically requested relative to contract administration when reimbursement will be at the rate established by the Interagency Procurement Committee or Defense Contract Audit Agency.
(7) Purchase orders and contracts awarded by FHWA to other Federal agencies.
(1) Transfer Appropriation Accounts. In this type of transaction, the reimbursing agency transfers obligating authority to the performing agency. For all practical purposes, transferred amounts become appropriations of the performing agency subject only to the submission of prescribed reports to the paying agency.
(2) Reimbursements. In this transaction, the performing agency incurs obligations and makes payments from its own accounts subject to recovery from the paying agency of actual costs incurred. This is the most frequently used type of transaction.
(3) Advances. This type of transaction differs from a reimbursement only in that the paying agency makes cash available to the performing agency prior to the incurring of expenses by that agency. This type is normally used only when the performing agency does not, for legal or other reasons, have the cash resources to make the payments and recover the funds after the fact.
The provisions of this order apply to all reimbursable agreements, and amendments thereto, negotiated in the Washington Headquarters. It does not apply to local agreements negotiated in field offices or agreements with other agencies for direct construction projects.
To assure appropriate coordination and consistent documentation of proposed reimbursable agreements, the following procedures are prescribed:
(1) Requests Initiated by Other Agencies (FHWA to Be the Performing Agency. As soon as a requirement is known, the request, whether oral or written, for the FHWA to provide services subject to reimbursement, will be referred by the receiving office to the Contracts and Procurement Division on Form DOT 2300.1, Reimbursable Agreement (Attachment 1) or on Form FHWA-56, Requisition for Supplies, Services and shipments, (see the Administrative Manual, volume 35,Chapter III, Acquisition) in cases where the reimbursable agreement is related to action on a research contract.[SEE PRINTED COPY OF ORDER FOR A COPY OF THIS ATTACHMENT] The Form DOT 2300.1 will be completed to show appropriate information in blocks, 2, 3, and 4, and in block 6, a description of the purpose and scope of the services to be provided, the effective period of the agreements, and tentative funding arrangements. Blocks 1 and 5 may be left blank. When Form FHWA-56 is used, it will provide information for use in completing Form DOT 2300.1.
(2) Requests Initiated in FHWA (FHWA to Be the Paying Agency). Any organizational unit within FHWA desiring to obtain services through another Federal agency will initiate action by submission of a requisition to the Contracts and Procurement Division, where a Form DOT 2300.1 will be prepared.
(1) There is written agreement.
(2) The agreement is formalized by processing Form DOT 2300.1 through prescribed channels as soon as possible.
(1) Review the contents of agreements initiated by other agencies for sufficiency.
(2) Prepare Form DOT 2300.1 in accordance with the procedural requirements of this order and obtain the signature of the other party to the agreement, except in those cases where it is determined that the content and signature on the incoming request constitute a valid contractual agreement.
(3) Coordinate proposed agreements with the cognizant FHWA program office for technical sufficiency, with the Office of Chief Counsel for legal sufficiency (as necessary), and with other offices and divisions under the jurisdiction of the Associate Administrator for Administration, including: Budget (all agreements); Finance (all agreements); Personnel and Training (any agreement involving the engagement of new employees of reassignment of current FHWA personnel); Computer Services (any agreement involving ADP services); and Administrative Services (any agreement involving the use of Government-owned or leased space).
(4) Distribute copies of approved agreements as follows:
Three copies to other party to agreement.
Two copies to FHWA cognizant office (if other than those listed here).
One copy to Budget Division.
One copy to Finance Division.
(5) Maintain official record copy of all reimbursable agreements processed in accordance with this order.
(1) Assure that resources are available for FHWA costs and the anticipated reimbursements are reflected in fund availability.
(2) Make any necessary adjustment in allotments, ceiling allocations, or financial plans.
(3) Verify estimate of costs involving staffing or miscellaneous other administrative expenses.
(1) Verify that billing and reimbursement arrangements are in compliance with accepted accounting principles and practices.
(2) Maintain appropriate records of obligations, amounts receivable, and payments.
R. R. Bartelsmeyer
Attachment [SEE PRINTED COPY OF ORDER FOR A COPY OF THIS ATTACHMENT]