0:'circular no. a 97 august 29, 1969 to the heads of executive departments and establishments subject: rules and regulations permitting',
1:'federal agencies to provide specialized or technical services to state and local units of government under title iii of the',
2:'intergovernmental cooperation act of 1968 1. purpose 2. background 3. reservation of existing authority 4. definitions 5. policy 6. types',
3:'of services that may be provided 7. conditions under which services may be provided 8. reports to congress 9. effective',
4:'date 10. inquiries 1. purpose. this circular promulgates the rules and regulations which the director of the bureau of the',
5:'budget is authorized to issue pursuant to section 302 of the intergovernmental cooperation act of 1968 p.l. 90577; 82 stat.',
6:'1102. it also provides for the coordination of the action of federal departments and agencies hereinafter referred to as federal',
7:'agencies in exercising the authority contained in title iii of said act as directed by the presidents memorandum of november',
8:'8, 1968 33 f.r. 16487. 2. background. a. title iii of the intergovernmental cooperation act of 1968 is intended to:',
9:'1. encourage intergovernmental cooperation in the conduct of specialized or technical services and provisions of facilities essential to the administration',
10:'of state or local governmental activities. 2. enable state and local governments to avoid unnecessary duplication of special service functions.',
11:'3. authorize federal agencies which do not have such authority to provide reimbursable specialized and technical services to state and',
12:'local governments. b. title iii of the act authorizes the head of any federal agency, within his discretion and upon',
13:'written request from a state or political subdivision thereof, to provide specialized or technical services, upon payment to the federal',
14:'agency by the unit of government making the request, of salaries and all other identifiable direct or indirect costs of',
15:'performing such services. c. title iii of the act requires that: 1. any services provided pursuant to title iii shall',
16:'include only those which the director of the bureau of the budget through rules and regulations determines federal agencies have',
17:'special competence to provide. 2. the directors rules and regulations shall be consistent with, and in furtherance of, the governments',
18:'policy of relying on the private enterprise system to provide those services which are reasonably and expeditiously available through ordinary',
19:'business channels. 3. all moneys received by any federal agency in payment of furnishing specialized and technical services under title',
20:'iii of the act shall be deposited to the credit of the principal appropriation from which the cost of providing',
21:'such services has been paid or is to be charged. 4. the head of any federal agency shall furnish annually',
22:'to the respective committees on government operations of the senate and house of representatives a summary report on the scope',
23:'of the services provided under title iii. 3. reservation of existing authority. the authority contained in title iii of the',
24:'act and this circular is in addition to, and does not supersede, any existing authority now possessed by any federal',
25:'agency with respect to furnishing services, whether on a reimbursable or nonreimbursable basis, to state and local units of government.',
26:'the reporting and other requirements and conditions contained in this circular shall not apply to services furnished under such existing',
27:'authorities. 4. definitions. for purposes of this circular: a. the term state means any of the several states of the',
28:'united states, the district of columbia, the commonwealth of puerto rico, any territory or possession of the united states, or',
29:'any agency or instrumentality of a state, but does not include the governments of the political subdivisions of a state.',
30:'b. the terms political subdivision or local government mean a local unit of government, including specifically a county, municipality, city,',
31:'town, township, or a school or other special district created by or pursuant to state law, or combinations thereof. c.',
32:'specialized or technical services means statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training',
33:'activities, surveys, reports, documents, and any other similar service functions which any federal agency is especially equipped and authorized by',
34:'law to perform. 5. policy. federal agencies will cooperate to the maximum extent possible with state and local units of',
35:'government to provide such specialized or technical services as may be authorized. such services shall generally supplement, not supplant existing',
36:'services, and federal agencies should not provide services with full reimbursement under this circular which have heretofore been furnished for',
37:'less than full reimbursement under other authorities, unless specifically requested to do so. 6. types of services that may be',
38:'provided. a. it is hereby determined that federal agencies have the special competence to provide, and may provide the following',
39:'specialized or technical services, and facilities related thereto, pursuant to title iii of the intergovernmental cooperation act of 1968: 1.',
40:'any existing statistical or other studies and compilations, results of technical tests and evaluations, technical information, surveys, reports, and documents,',
41:'and any such materials which may be developed or prepared in the future to meet the needs of the federal',
42:'government or to carry out the normal program responsibilities of the federal agencies involved. 2. preparation of statistical and other',
43:'studies and compilations, technical tests and evaluations, technical information, surveys, reports, and documents, and assistance in the conduct of such',
44:'activities and in the preparation of such materials, provided they are of a type similar to those which the federal',
45:'agency is authorized by law to conduct or prepare. 3. training of the type which the federal agency is authorized',
46:'by law to conduct for federal personnel and others or which is similar to such training. 4. technical aid in',
47:'the preparation of proposals for development and other projects for which the federal agency provides grantsinaid or other assistance, provided',
48:'such aid primarily strengthens the ability of the recipient in developing its own capacity to prepare proposals. 5. technical information,',
49:'data processing, communications and personnel management systems services which the federal agency normally provides for itself or others under existing',
50:'authorities. b. any of the above specialized or technical services provided to the states and their political subdivisions under existing',
51:'authorities may also be provided under title iii of the act and the terms of this circular. c. if a',
52:'federal agency receives a request for specialized or technical services which are not covered in subparagraph a above and which',
53:'it believes is consistent with the act and which it has a special competence to provide, it should forward such',
54:'request to the bureau of the budget for action. similarly, if there is doubt as to whether the service requested',
55:'is covered by subparagraph a, the request should be forwarded to the bureau of the budget for action. 7. conditions',
56:'under which services may be provided. the specialized or technical services provided under title iii of the act and this',
57:'circular may be provided, in the discretion of the heads of federal agencies, only under the following conditions: a. such',
58:'services will be provided only to the states, political subdivisions thereof, and combinations or associations of such governments or their',
59:'agencies and instrumentalities. b. such services will be provided only upon the written request of a state or a political',
60:'subdivision thereof. requests will normally be made by the chief executives of such entities and will be addressed to the',
61:'head of the agency involved. c. such services will not be provided unless the agency providing the services is providing',
62:'similar services for its own use under the policies set forth in the bureau of the budget circular no. a76,',
63:'policies for acquiring commercial or industrial products and services for government use revised august 30, 1967. in addition, in accordance',
64:'with the policies set forth in circular no. a76, the requesting entity must certify that such services cannot be procured',
65:'reasonably and expeditiously by it through ordinary business channels. d. such services will not be provided if they require any',
66:'additions of staff or if they involve outlays for additional equipment or other facilities solely for the purpose of providing',
67:'such services, except where the costs thereof are charged to the user of such services. further, no staff additions may',
68:'be made which impede the implementation of or adherence to the employment ceilings contained in the bureau of the budget',
69:'allowance letters. e. such services will be provided only upon payment or provision for reimbursement to the federal agency involved,',
70:'by the unit of government making the request, of salaries and all other identifiable direct and indirect costs of performing',
71:'such services. for cost determination purposes, federal agencies will be guided by the policies set forth in the bureau of',
72:'the budget circular no. a25, user charges september 23, 1959. f. any payments or reimbursements received by federal agencies for',
73:'the costs of such services will be deposited to the credit of the principal appropriation or other account from which',
74:'the costs of providing the services have been paid or are to be charged. g. in the event a request',
75:'for a service is denied, the federal agency shall furnish the entity making the request with a statement indicating the',
76:'reasons for the denial. 8. reports to congress. the head of each federal agency will furnish annually to the respective',
77:'committees on government operations of the senate and house of representatives a summary report on the scope of the services',
78:'provided under title iii of the act and this circular. such reports will be prepared as of the end of',
79:'each calendar year and will indicate the nature of the services rendered, the names of the states and political subdivisions',
80:'involved, where practical, and the cost of the work. services provided under other authorities are not to be included in',
81:'the reports. copies of the reports will be submitted to the bureau of the budget not later than march 30',
82:'of each year. 9. effective date. this circular is effective immediately. it supersedes the interim regulation under title iii of',
83:'the intergovernmental cooperation act of 1968 p.l. 90577, dated december 19, 1968, concerning training by the u.s. civil service commission.',
84:'10. inquiries. inquiries regarding this circular may be addressed to the office of executive management, bureau of the budget, washington,',
85:'d.c. 20503, or telephone 202 3954934 government dial code 1034934. robert p. mayo director return to top',