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Legal Authorities for Partnerships and Shared Services

Legal Authorities for Partnerships and Shared Services. Jennifer Curtin. January 16, 2013. Partnering Scope. What is the need ? Who are the players ? What are the tools? Legal Authorities. Potential Functional Areas. Potential Stakeholder Groups. Facilities Land Use Utilities / Energy

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Legal Authorities for Partnerships and Shared Services

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  1. Legal Authorities for Partnerships and Shared Services Jennifer Curtin January 16, 2013

  2. Partnering Scope • What is the need? • Who are the players? • What are the tools? • Legal Authorities Potential Functional Areas Potential Stakeholder Groups • Facilities • Land Use • Utilities / Energy • Emergency Services • Environmental • Transportation • Education • Workforce • Others • Federal Government • State Government • Local Government • Economic Development Groups • Industry • Utilities • Higher Education • Others

  3. Partnership Authorities • Energy • 10 USC 2913: Streamlines energy savings contracts • Housing • 10 USC 2872: Authorizes contracts for the leasing of housing units • Utilities • 10 USC 2688: Authorizes conveyance of all types of utility systems

  4. Partnership Authorities • Encroachment Prevention/Conservation Partnerships • 10 USC 2684(a): Authorizes partnerships to address encroachment though purchase of land use rights • 10 USC 2694(a): Authorizes conveyance of surplus property for conservation purposes • 10 USC 2694(c): Authorizes investment in Conservation Banks • Commercial Leasing • 10 USC 2667: Allows in kind consideration for leasing of real property

  5. Partnership Authorities • Science Education/Technology Partnerships • 10 USC 2194: Authorizes loan or transfer of surplus laboratory equipment to educational institutions • 10 USC 2539(b): Authorizes DoD to sell, rent, or lend information and equipment for independent research • 10 USC 2474: Authorizes Centers of Industrial and Technical Excellence • 15 USC 3710a: Allows use of federal property and materials by non-federal government organization (public or private) for joint research purposes via CRDA. • 15 USC 3715: Authorizes Federal agencies to lend their laboratory facilities to schools and state and local governments to foster small business and educational involvement

  6. Partnership Authorities • Testing and Evaluation Partnerships • 10 USC 2681: Authorizes lease of test and range facilities for commercial T&E activities • Exchange Authority for Reserve Centers • 10 USC 18233:Authority to exchange real property with other public or private entities for the construction of new facilities • Municipal Services/CA only • FY’04 NDAA: Permanently authorizes Monterey County, CA, to acquire public works, utility, and other municipal services needed for the operation of “any DoD asset” in that county

  7. New Authority: NDAA FY13 • Enacted January 10th2013 • Intergovernmental support agreements with State and local governments:10 USC 2336 • In General: (1) The Secretary concerned may enter into an intergovernmental support agreement with a State or local government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. • May be entered into on a sole-source basis • May be for a term not to exceed five years • Installation support services are those service typically provided by local government for its own needs. • These agreements shall not be used to circumvent A-76 requirements for competition

  8. Other Ideas? • Special Legislation • Ex. Brooks City Base • FBI – Exchange • Hoover Building for Land/Building • GSA Border Patrol Station – Cost Sharing • Allows for proposals for cost sharing for renovation and upgrades of border station infrastructure

  9. Sec. 2336. Intergovernmental Support Agreements with State and Local Governments (a) In General- (1) The Secretary concerned may enter into an intergovernmental support agreement with a State or local government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. (2) Notwithstanding any other provision of law, an intergovernmental support agreement under paragraph (1)-- (A) may be entered into on a sole-source basis; (B) may be for a term not to exceed five years; and (C) may use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use. (b) Effect on First Responder Arrangements- The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements. (c) Availability of Funds- Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support. ` (d) Effect on OMB Circular A-76- The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions. (e) Definitions- In this section: (1) The term `installation-support services' means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. (2) The term `local government' includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government. (3) The term `State' includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands, and any agency or instrumentality of a State.'. (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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