JOINT PROJECT AGREEMENTS
The Joint Project Authority (JPA), 15 U.S.C. '1525 (second paragraph), permits DOC operating units to enter into projects with nonprofit, research or public organizations (such as state and local governments) if the project is of mutual interest to the parties and the costs of the project are apportioned equitably. It is DOC policy that joint projects may be undertaken only if the project cannot be done at all or as effectively without the participation of the other party and the project is essential to further a DOC program. It may be possible to obtain a waiver from the provision that the costs of the project be equitably apportioned; contact the Office of the Assistant General Counsel for Administration for assistance regarding waivers under the JPA.
The purpose of the JPA differs significantly from authorities that permit the Department to enter into procurement contracts or to award financial assistance. Thus, while under some circumstances there may be an element of money transfer between the parties to a JPA agreement, caution must be taken to ensure that the JPA is not used to circumvent statutory and regulatory requirements relating to the award of procurement contracts or financial assistance. For example, an agreement that sets forth as DOC’s main responsibility the transfer of funds to the other party to the agreement is not a type of agreement which the JPA authorizes.
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 Joint Project Authority or some other authority, contact the General Law Division, Office of the Assistant General Counsel for Administration, at (202) 482-5391.