MODEL REIMBURSABLE AGREEMENT PURSUANT TO 13 U.S.C. 8(b)[1]


MEMORANDUM OF AGREEMENT

THROUGH WHICH

[Name of other Federal party]

IS PURCHASING [Describe what is being purchased]

FROM THE U.S. CENSUS BUREAU

Agreement No.

1. PARTIES AND PURPOSE


This document establishes an agreement between the [name of other Federal party] and [Name of Census Bureau Division], U.S. Census Bureau (Census), through which [Name of other Federal party] will pay the Census Bureau for [Provide a general description of the goods/services for which the other party is paying].


2. AUTHORITY


The authority for [Name of other party] to enter into this agreement is [Identify the other party’s legal authority to enter agreement].

The Census Bureau may undertake this work pursuant to 13 U.S.C. § 8(b), which provides that the Census Bureau “may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent,” and “may make special statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivision thereof) … State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work.”
3. CONFIDENTIALITY

IF TITLE 13 SECTION 9 CONFIDENTIALITY APPLIES, INCLUDE THE FOLLOWING:

The data provided under this agreement are confidential under 13 U.S.C. § 9. Should [Name of other party] require access to Title 13 data to assist in the planning, data collection, data analysis, or production of final products, those staff members are required to obtain Census Bureau Special Sworn Status pursuant to 13 U.S.C. § 23(c). Such staff members must demonstrate that they have suitable background clearance and they must take Title 13 awareness training. Any access to Title 13 data at [Name of other party]’s facility is subject to prior approval by the Census Bureau’s Data Stewardship Executive Policy Committee upon assurance that the facility and information technology security meet Census Bureau requirements.

4. TERMS AND CONDITIONS


[State the terms and conditions of the agreement, i.e., specify what the other party is purchasing, delivery requirements and other responsibilities, and the amount that the Census Bureau will receive as payment.]

The Census Bureau will achieve full cost recovery for the goods and services it is providing under this agreement.

[Include any other terms and conditions required under the agreement, including, for example, data security/IT requirements

5. TRANSFER OF FUNDS


[Explain the details of how the other party will pay for the goods/services, e.g., whether payments will be monthly, quarterly, in advance, etc.]

At least quarterly, the parties will reconcile balances related to revenue and expenses for work performed under the agreement.

6. CONTACTS


The contacts of each party to this agreement are:

[Name of Census contact]
[Title of Census contact]
[Address of Census contact person]
[Phone number of Census contact person]
[Fax number of Census contact person]
[E-mail address of Census contact person]

Census DUNS Number: 929955383

Census Agency Locator Code: 13040001

Treasury Account Symbol:

Business Event Type Code: COLL

[Name of other party's contact person]

[Title of other party's contact person]

[Address of other party's contact person]
[Phone number of other party's contact person]

[Fax number of other party's contact person]

[E-mail address of other party's contact person]

Agency DUNS Number:

Agency Locator Code:

Treasury Account Symbol:

These funds expire on .

Business Event type Code: DISB
The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing of such change.

7. DURATION OF AGREEMENT, AMENDMENTS AND MODIFICATIONS


This agreement will become effective when signed by all parties. The agreement will terminate on [date], but may be amended at any time by mutual consent of the parties. [NOTE: If the agreement will last longer than 3 years, the following sentence should be included in the agreement: "The parties will review this agreement at least once every three years to determine whether it should be revised, renewed, or canceled."] Any party may terminate this agreement by providing ___ day’s written notice to the other party. This agreement is subject to the availability of funds.


8. RESOLUTION OF DISAGREEMENTS

Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within 30 days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.

If a dispute related to funding remains unresolved for more than 30 calendar days after the parties have engaged in an escalation of the dispute, disputes will be resolved in accordance with instructions provided in the Treasury Financial Manual (TFM) Volume I, Part 2, Chapter 4700, Appendix 10, available at http://www.fms.treas.gov/tfm/index.html.

Nothing herein is intended to conflict with current [Name of other party] or U.S. Census Bureau directives. If the terms of this agreement are inconsistent with existing directives of either of the agencies entering into this agreement, then those portions of this agreement which are deemed to be inconsistent shall be invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect. At the first opportunity for review of the agreement, all necessary changes will be accomplished by either an amendment to this agreement or by entering into a new agreement, whichever is deemed expedient to the interest of both parties.

9. TERMINATION COST

If [Name of other party] cancels the order, the Census Bureau is authorized to collect costs incurred prior to cancellation of the order plus any termination costs, up to the total payment amount provided for under this agreement.


______

[signature of person who has authority to bind other party to the agreement]

[typed name]

[typed title]

[typed office at Census] U.S. Census Bureau

______

[other party’s signature--must be an official with authority to sign]

[typed name]

[typed title]

[typed other party’s agency]

1

[1] Bracketed text that is in bold, italicized typeface indicates information that will be different for each agreement. You must replace the bracketed text with the required information.