Standard Operating Procedure: Air Force Memorandum of Agreement (MOA) Development

This Standard Operating Procedure (SOP) outlines the mandatory process for drafting, coordinating, and finalizing a Memorandum of Agreement (MOA) within the United States Air Force. An MOA is a formal document used to document the exchange of services or support between two or more Air Force organizations, or between the Air Force and external agencies, where no funding is exchanged. Adherence to this procedure ensures legal sufficiency, mission alignment, and regulatory compliance per AFI 25-201 (Support Agreements Procedures).

Phase 1: Initiation and Requirements Definition

• Identify the Requirement: Clearly define the scope of support or services requested. Determine if an MOA is the appropriate instrument (i.e., no reimbursement of funds is required).
• Stakeholder Identification: Identify the primary points of contact (POCs) for both the Providing Organization and the Receiving Organization.
• Initial Coordination: Conduct a preliminary meeting to ensure both parties agree on the terms of the arrangement.
• AF Form 1144 Validation: Ensure that the requirement does not overlap with existing Installation Support Agreements (ISAs) or Host-Tenant Support Agreements.

Phase 2: Drafting the MOA

• Utilize Official Templates: Start with the approved Air Force template provided by the local Installation Support Agreement Manager (ISAM).
• Draft the "Purpose" Section: State clearly why the agreement is being established and the specific mission goals it supports.
• Define Responsibilities: Break down specific tasks for the Providing Organization and the Receiving Organization using clear, imperative language (e.g., "The Providing Organization shall...").
• Establish Terms and Conditions: Define the duration of the agreement, the review cycle, and the specific procedures for amending or terminating the agreement.
• Include Point of Contact Information: Ensure names, office symbols, and DSN phone numbers are accurate for both parties.

Phase 3: Coordination and Legal Review

• Internal Legal Review: Submit the draft to the local Staff Judge Advocate (SJA) office for legal sufficiency review. Ensure that all authorities cited are current and relevant.
• Financial Review: Even if no funds are exchanged, ensure the Resource Advisor (RA) reviews the draft to confirm there is no "inadvertent commitment of funds" or violation of the Anti-Deficiency Act.
• Formal Routing: Use the official staffing workflow (e.g., TMT or local electronic staffing folder) to obtain signatures from the delegated signing authorities.
• Obtain Signatures: Ensure the agreement is signed by the appropriate organizational commanders or authorized delegates.

Phase 4: Implementation and Maintenance

• Distribution: Provide signed copies to the ISAM and all participating organizations.
• File Archiving: Store the original signed agreement in the official unit record system for audit purposes.
• Recurring Reviews: Set a calendar reminder to review the MOA annually to ensure the terms remain mission-effective.

Pro Tips & Pitfalls

• Pro Tip: Always include a specific "Termination" clause that defines the required notice period (e.g., 60-90 days) to prevent mission degradation.
• Pro Tip: When drafting, keep the language simple. Avoid legalese unless required by the SJA office; clarity prevents future operational disputes.
• Pitfall: Failing to involve the ISAM early. The ISAM is your primary subject matter expert and can prevent significant administrative rework.
• Pitfall: Confusing an MOA with an MOU. Remember, an MOA is for specific support/tasks; an MOU (Memorandum of Understanding) is generally for broader, non-binding mutual intent.
• Pitfall: Neglecting to define "Effective Date." Always specify if the agreement begins upon final signature or on a specific calendar date.

Frequently Asked Questions (FAQ)

1. Does an MOA require funding? No. An MOA documents a mutual agreement to provide support or services without the exchange of funds. If money must change hands, you require a Memorandum of Understanding (MOU) with a funding annex or a separate Interagency/Intra-agency Agreement (IAA).

2. Who has the authority to sign an Air Force MOA? Generally, the commander or director of the unit providing or receiving the support has the authority. However, always check your organization's specific Delegation of Authority (DoA) matrix, as some high-level agreements may require Wing Commander or MAJCOM-level approval.

3. How often should an MOA be updated? Standard Air Force policy mandates a review of support agreements at least every three years, though an annual review is highly recommended to ensure the support provided remains mission-essential and accurate.