WMK1

Chapter 2

PARTNERSHIPS AND MEMORANDA OF AGREEMENT OR UNDERSTANDING

2.01  Partnerships

a.  Partnerships within Department of Veterans Affairs Business Lines and Regional Offices

b.  Veterans Health Administration Partnerships

c.  Partnerships with Other Federal, State, and Local Agencies

d.  Partnerships with National Service Organizations

e.  Partnerships with the Private Sector

f.  Partnerships with Faith-based, Nonprofit, Community Initiative Agencies

2.02  Memorandum of Agreement and Memorandum of Understanding

a.  Development of Memorandum of Agreement or Understanding

b.  Information Requirements

c.  Signatory

d.  Concurrence Process

2.01.  Partnerships

a.  Partnerships within Department of Veterans Affairs Business Lines and Regional Offices      

(Change Date August 1, 2012)

Establishing relationships within the Department of Veterans Affairs (VA) strengthens the network of services and resources available to the claimants served by VR&E Service. VR&E offices should work closely to develop partnerships within their regional office and within VA. There are several examples in which VA business lines work together to provide services to claimants. One example is a partnership between VR&E Service and Loan Guaranty on instances in which a claimant is receiving services under a rehabilitation plan and requires home adaptations, such as home construction, to increase his or her independence in daily living and to be able to live in a safer home environment.

b.  Veterans Health Administration Partnerships

(Change Date August 1, 2012)

VR&E office staff work cooperatively with Veterans Health Administration (VHA) to meet claimants' health needs, obtain information that may impact their rehabilitation planning or program participation and provide services to facilitate successful program completion. Examples of partnerships between VR&E offices and VHA include the following:

• Referral to VA Medical Center (VAMC) for healthcare and treatment
• Referral to Vet Centers for Readjustment Counseling Services for assistance with adjusting to civilian life
• Referral to Women Claimants Health Care for sex-specific health care services
• Referral to Rehabilitation Services’ for Visual Impairment Services Team (VIST) for evaluations, support with low vision aids, and provide training to assist claimants to function more independently in their homes and community
• Referral to the Polytrauma Units and Traumatic Brain Injury Systems of Care for adjustment counseling, concentration, learning, and memory strategies
• Referral to Prosthetic and Sensory Aids Services for durable medical equipment
• Referral to Compensated Work Therapy (CWT) for supported employment or transitional work experience

Note:  Some of these services are not available at every VAMC and are regionally distributed throughout the United States.

c.  Partnerships with Other Federal, State, and Local Agencies

(Change Date August 1, 2012)

VR&E Service partners with various agencies at the federal level and VR&E offices partners with agencies at the state and local levels. In addition to establishing MOUs, VR&E Service often partners with other agencies on multiple projects, such as task forces, advisory committees, workgroups, and other projects that may directly impact VR&E services.

d.  Partnerships with National Service Organizations

(Change Date August 1, 2012)

VR&E Service partners with National Service Organizations (NSO) to ensure claimants are educated on all the benefits they may be entitled to receive. VR&E Service partnership with NSOs has established agreements to train claimants with disabilities as National Service Officers. Claimants participating in the VR&E Program who desire employment as a National Service Officer are interviewed by the organization and, if found entitled to VR&E benefits, will work with their assigned Vocational Rehabilitation Counselor (VRC) to develop, and sign an approved rehabilitation plan to receive training through the prospective organization’s supervising National Service Officer.

e.  Partnerships with the Private Sector

(Change Date August 1, 2012)

VR&E Service partners with private sector employers on the national level to enhance employment opportunities for claimants with service-connected disabilities. VR&E management at the local level is expected to use existing partnerships in support of its mission, and continue to develop new partnerships at the local level.

f.  Partnerships with Faith-based, Nonprofit, Community Initiative Agencies 

(Change Date August 1, 2012)

VR&E Service partners with faith-based, non-profit, and community initiative agencies on the national and local level to enhance employment opportunities for claimants with service-connected disabilities.

2.02.  Memorandum of Agreement and Memorandum of Understanding

a.  Development of Memorandum of Agreement or Understanding

(Change Date August 1, 2012)

Every VR&E MOU or MOA must be consistent with the VA’s mission and be authorized and compliant with Federal law, regulations, and funding constraints. Additionally, the existence of an MOU or MOA does not eliminate or diminish the need for additional contracts, documents, or agreements to execute the activities considered by both parties. Neither an MOU nor a MOA can be used as the sole authority or means to acquire or procure goods or services, exchange funds or property, or transfer or assign personnel.

Although the MOU or MOA can address those issues and indicate the goals and intent of the parties involved, all VA personnel must comply fully with pertinent contracting and procurement regulations and procedures. Additionally, although an MOU or MOA can address unique situations, it cannot be used in place of a contract. The MOU or MOA by itself grants no authority for the parties involved to engage in the speculated activity. 

The Executive Director of VR&E Service is responsible for developing MOUs and MOAs at the national level while the VR&E Officer or his or her designee is responsible for developing MOUs and MOAs at the local level.

The following Federal statutes are commonly used to grant the underlying general authority for a VR&E MOU or MOA:

• 38 U.S.C.3115 authorizes VA to enter agreements with Federal agencies providing non-paid work experience, on-the-job training, or other training opportunities for VR&E claimants.
• 38 U.S.C.3116 authorizes VA to promote the development and establishment of employment opportunities through coordination with federal, state, and local governmental agencies and appropriate non-governmental organizations.

Neither the VA nor any person employed by the VA may agree to indemnify any other party without specific Federal statutory authorization. 31 U.S.C. 1341(a)(1)(A) and 1341(a)(1)(B), referred to as the Anti-deficiency Act, prohibits all Federal employees from making or authorizing expenditures or obligations exceeding appropriated funding and from obligating payment of money before it is appropriated. A typical indemnification clause violates both provisions of the Antideficiency Act because it potentially obligates the Federal government or VA to pay an unspecified, unlimited, and unappropriated amount of money should someone else's property be lost, damaged, or destroyed; someone is injured or killed; or other parties to the MOU or MOA incur legal liabilities or expenses. Should any prospective party to an MOU or MOA request or demand that the VA agree to an indemnification clause, VA staff must contact VA’s Office of General Counsel (OGC) for assistance.

b.  Information Requirements

(Change Date August 1, 2012)

The language for specific agreements must be appropriately customized to accommodate the subject matter of the agreement and the needs of the parties involved or to conform to applicable laws, regulations, or directives. The format may differ if a party other than the VA originates the MOU or MOA. However, every MOU or MOA in which VR&E services are involved must include the following necessary information:

• Parties

The parties to be bound by the agreement must be identified.

• Authority

The legal authority for the agreement must be cited.  Federal laws, regulations or other directives must be referenced.

• Purpose

The purpose or reason for entering the agreement must be stated.

• Responsibilities

A description of the duties and responsibilities of the parties must be clearly outlined. The description should be as specific and detailed as required. Lengthy details may be provided in an appendix rather than in the body of the MOU or MOA.

• Reporting and Documentation

The MOU or MOA must specify whether follow-up reports or documentation of actions taken are required and must state how often and to whom that information is to be submitted.

• Contact Information

Contact Information for all parties must be provided, including names, office symbols, physical addresses, email addresses, website addresses, and phone numbers.

• Modification

A provision stating how to modify or amend the agreement must be included. Modifications can be formal (written) or informal (oral) and can be approved only by the signatories or other appropriate individuals, if the signatories are no longer in the employ of the party in question. Modifications that change central provisions of the agreement must be formal (written), and agreed to by the individuals who initially approved the MOU or MOA or their successors.

• Effective Date

The effective date of the MOU or MOA must be stated. The effective date may be a specified date after the MOU/MOA is signed by all parties or the date the last party signs the agreement.

• Termination or Extension

The MOU or MOA must contain several provisions regarding termination. The document should indicate a specific date of termination upon the accomplishment of its purpose, or upon agreement of the parties. The MOU or MOA must also contain a provision stating whether the duration of the agreement may be extended and if so, the extension mechanism (e.g. by written agreement of the parties) to be used. Finally, the agreement must indicate whether a party may terminate the agreement early (by written notice to the other parties).

c.  Signatory

(Change Date August 1, 2012)

The VA or VR&E Service are a party to the agreement, not the person signing for the VA. Therefore, the signatory must have the authority to sign the MOU or MOA and commit the VA to the services and or actions noted in the agreement. VBA leadership or Office of General Counsel (OGC) must be consulted to determine the approving official.

d.  Concurrence Process

(Change Date August 1, 2012)

Before submitting an MOU or MOA to the approval authority for signature, the originating staff member must ensure that the MOU or MOA does not conflict with any preexisting agreements. The originating staff member must also ensure that the appropriate level of VBA leadership and OGC have reviewed and concurred upon the MOU or MOA.

Concurrence of a proposed MOU or MOA can be either consecutive, meaning completed at one agency, then forwarded to the other agency; or concurrently, meaning proceeding through each agency simultaneously. Early coordination and communication with interested offices and the use of e-mail for electronic review and editing of the draft MOU or MOA are encouraged and acceptable.

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