Can you explain for me - preferably in a matrix form like below - the following legal defintions and when to use them: Thank You
Term Brief Definition Used when
Terms of Reference
Except as noted below by other “references”, the following terms can be found in the DAU Glossary of Defense Acquisition Acronyms & Terms that is published as the following web link: https://dap.dau.mil/glossary/Pages/Default.aspx
MOA – Memorandum of Agreement
1. In contract administration, an agreement between a program manager (PM) and a Contract Administration Office (CAO) establishing the scope of responsibility of the CAO with respect to the Earned Value Management System (EVMS) criteria surveillance functions and objectives, and/or other contract administration functions on a specific contract or program.
2. Any written agreement in principle as to how a program will be administered.
MOU – Memorandum of Understanding
: De facto agreement that is generally recognized by all partners as binding even if no legal claim could be based on the rights and obligations delineated therein.
ISSA – Inter-Service Support Agreement
(Ref: DoDI 4000.19): An interservice support agreement is a purchase agreement created between two government agencies for the transfer of materials and/or services. Agencies use an ISSA to establish obligations and outline remuneration fees. A DD-1144, titled "Support Agreement," is the standard form agencies use to prepare ISSAs.
SLA – Service-Level Agreement
): A service-level agreement (SLA) is a part of a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance. As an example, internet service providers will commonly include service level agreements within the terms of their contracts with customers to define the level(s) of service being sold in plain language terms. In this case the SLA will typically have a technical definition in terms of mean time between failures (MTBF), mean time to repair or mean time to recovery (MTTR); various data rates; throughput; jitter; or similar measurable details.
A service-level agreement is a negotiated agreement between two parties, where one is the customer and the other is the service provider. This can be a legally binding formal or an informal "contract" (for example, internal department relationships). Contracts between the service provider and other third parties are often (incorrectly) called SLAs – because the level of service has been set by the (principal) customer, there can be no "agreement" between third parties; these agreements are simply a "contract."
The SLA records a common understanding about services, priorities, responsibilities, guarantees, and warranties. Each area of service scope should have the "level of service" defined. The SLA may specify the levels of availability, serviceability, performance, operation, or other attributes of the service, such as billing. The "level of service" can also be specified as "target" and "minimum," which allows customers to be informed what to expect (the minimum), while providing a measurable (average) target value that shows the level of organization performance. In some contracts, penalties may be agreed upon in the case of non-compliance of the SLA (but see "internal" customers below). It is important to note that the "agreement" relates to the services the customer receives, and not how the service provider delivers that service.
Terms of Reference
): describe the purpose and structure of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. The terms of reference of a project are often referred to as the project charter
Terms of reference show how the scope will be defined, developed, and verified. They should also provide a documented basis for making future decisions and for confirming or developing a common understanding of the scope among stakeholders. In order to meet these criteria, success factors/risks and restraints should be fundamental keys. Creating detailed terms of reference is critical, as they define the:
- Vision, objectives, scope and deliverables (i.e. what has to be achieved),
- Stakeholders, roles and responsibilities (i.e. who will take part in it),
- Resource, financial and quality plans (i.e. how it will be achieved)
- Work breakdown structure and schedule (i.e. when it will be achieved), and
- Success factors/risks and restraints
Charter (Joint Program Manager's)
: Formal document prepared by the lead Service with approval of the participating Services that delineates the program manager’s responsibility, authority, and major functions; and describes relationships with other organizations that will use and/or support the program. The charter also describes and assigns responsibility for satisfying unique management requirements of participating Services.
Charter (Program Manager's
): Provides authority to conduct the program within cost, schedule, and performance constraints approved by the decision authority. Establishes manpower resources for the Program Office (PO) and includes assignment of personnel to perform the functions of technical management/systems engineering, logistics, business, and financial management, as well as the designation of a Contracting Officer (CO). It also defines the program manager’s line of authority and reporting channels.
Uses of Selected Terms found in the “Glossary”
2. The process within the Office of the Secretary of Defense (OSD) for cooperative research and development (R&D) projects authorized under Title 10 U.S.C. § 2350a, whereby candidate projects are screened and those meeting the selection criteria are certified (approved) for implementation pending Memorandum of Understanding (MOU)
negotiation and signature and release of funds. Program elements for these funds are controlled at the OSD and component headquarters (HQ) staff levels.
2. A project involving joint participation by the United States and one or more allied or friendly nations under a Memorandum of Understanding (MOU)
(or other formal agreement) to carry out a cooperative research, development, test, and evaluation (RDT&E); production; or procurement project (including follow-on support).
Cooperative Project Memorandum of Understanding (MOU)
A government-to-government (or international organization) international agreement setting forth the terms and conditions under which the signatories agree to cooperate in the performance of a specific research, development, test, and evaluation (RDT&E); exchange; standardization; or production effort (including follow-on and logistical support).
A Memorandum of Understanding (MOU)
, a Memorandum of Agreement (MOA)
or the equivalent, as defined in DoDD 5530.3.
Forum for Armaments Cooperation
A formal body of accredited national representatives of two or more nations, with a definable membership and charter
, meeting periodically— with proceedings of meetings documented for participants— for information exchange and discussion to harmonize operational concepts, doctrine, and procedures; standardize materiel requirements; explore opportunities for cooperative research, development, and acquisition; and/or agree on specific cooperative projects.
An agreement concluded with one or more foreign governments or an international organization that is signed or agreed to by any DoD component personnel; signifies the intent of the parties to be bound by international law; and is denominated as an international agreement or a Memorandum of Understanding (MOU), Memorandum of Agreement (MOA)
, exchange of notes or letters, technical arrangement, protocol, note verbal, aide memoir, contract, arrangement, or any other name connoting a similar legal consequence.
Investment Review Board (IRB)
Certification authorities for defense business systems are required to establish and charter
an IRB to provide oversight of investment review processes for business systems supporting activities under their designated area of responsibility. IRBs include representatives from combatant commands (COCOMs); the components; and the Joint Chiefs of Staff (JCS), who will participate as appropriate based on the types of business activities and system modernizations being reviewed and certified. The IRB review of business systems also functions as the Overarching Integrated Product Team (OIPT) review in support of an acquisition milestone decision review (MDR) for Acquisition Category (ACAT) IAM business systems.
Product Support Integrator (PSI)
Individual who performs as a formally bound agent (e.g., under a contract, Memorandum of Agreement (MOA), Memorandum of Understanding (MOU) or Service-Level Agreement (SLA))
charged with integrating all sources of support, public and private, defined within the scope of Performance-Based Logistics (PBL) agreements to achieve the documented outcomes.
3. A risk-handling option that shares select program risks between government agencies involved in the acquisition process by means of Memorandums of Understanding (MOUs) or similar Memorandums of Agreement (MOAs)