SPECIAL STUDIES' AGREEMENTS
The "Special Studies" authority, 15 U.S.C. § 1525 (first paragraph), permits DOC to provide, upon the request of any person, firm, or public or private organization (1) special studies on matters within the authority of the Department of Commerce, including preparing from its records special compilations, lists, bulletins, or reports, and (2) furnishing transcripts or copies of its studies, compilations, and other records. These services and products can be provided only upon the payment of the actual or estimated costs of such special work. Payment for work or services performed under this authority must be deposited in a separate account or accounts which may be used to pay directly the costs of such work or services, to repay or make advances to appropriations or funds which do or will initially bear all or part of such costs, or to refund excess sums when necessary. If the special study being requested provides a special benefit beyond those received by the general public, then the agreement is subject to OMB Circular A-25. OMB Circular A-25 defines "special benefits" as follows:
a. Special benefits
1. Determining when special benefits exist. When a service (or privilege) provides special benefits to an identifiable recipient beyond those that accrue to the general public, a charge will be imposed (to recover the full cost to the Federal Government for providing the special benefit, or the market price). For example, a special benefit will be considered to accrue and a user charge will be imposed when a Government service:
(a) enables the beneficiary to obtain more immediate or substantial gains or values (which may or may not be measurable in monetary terms) than those that accrue to the general public (e.g., receiving a patent, insurance, or guarantee provision, or a license to carry on a specific activity or business or various kinds of public land use); or
(b) provides business stability or contributes to public confidence in the business activity of the beneficiary (e.g., insuring deposits in commercial banks); or
(c) is performed at the request of or for the convenience of the recipient, and is beyond the services regularly received by other members of the same industry or group or by the general public (e.g., receiving a passport, visa, airman's certificate, or a Custom's inspection after regular duty hours).
The Circular requires that the charges for the services must be sufficient to recover the full cost to the Federal Government. Exceptions to the requirement of full cost recovery are set forth in the Circular and in Chapter 12.07 of the DOC Accounting Principles and Standards Handbook.
NOTE: Agreements are subject to legal review and clearance in accordance with your office's policies and procedures. For advice on whether a certain transaction should be undertaken pursuant to the Special Studies Authority or some other authority, contact the General Law Division, Office of the Assistant General Counsel for Administration, at (202) 482-5391.