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Military Memorandum of Agreement Regulations

    Function

    • An MOA defines the contractual relationship between two entities. An MOS is sometimes referred to as a memorandum of understanding (MOU) or a cooperative agreement. One of the parties in military MOAs is the Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy, or any agency of these departments. an MOA can be made with other federal departments or agencies, other national governments, other state governments or private entities. MOAs can also have an interagency level where an Air Force agency can work with an Army agency, or two different Navy agencies can work together.

    Features

    • An MOA is a contract and all agencies and departments may have their own format. However, the standard thing that all military MOAs have in common it that they list the names of the parties, list an MOA reference number, define the law the gives the MOA authority, contain information on the background and purpose of the MOA, provide financial data associated with the MOA, and establish the MOA time limit and the responsibilities of each MOA party.

    Laws Governing Military MOAs

    • MOAs are governed by statutes, directives from the General Services Administration, executive orders, presidential memorandums, and circulars and bulletins issued by the Office of Management and Budget. Specific laws that government military MOAs can be found in Part IV (Service, Supply and Procurement) of Subtitle A (General Military Law) of Title 10 (Armed Forces) of the United States Code and Subchapter C (DoD Grant and Agreement Regulations) of Chapter I (Office of the Secretary of Defense) of Subtitle A (Department of Defense) of Title 32 (National Defense) of the Code of Federal Regulations. Additional regulations are located in the DoD Financial Management Regulations and the Defense Federal Acquisition Regulations System.

    Authorizations

    • Military MOAs are authorized to be issued by the secretary of defense, the secretary of the Air Force, the secretary of the Army, the secretary of the Navy, and anyone to whom that power is delegated. Also, the heads of defense agencies also have the power to issue them.

    Economy Act

    • Whenever a military MOA requires the transfer of funds that are more than just a bookkeeping notion for in-kind projects, that military MOA must be issued in accordance with provisions of the Economy Act, which provides authority for federal agencies to order goods and services from other federal agencies (including other military departments and defense agencies) and to pay the actual costs of those goods and services.
      Economy Act military MOAs are typically executed by issuance of a DD Form 448 (Military Interdepartmental Purchase Request (MIPR).

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