Standard Operating Procedure: Memorandum of Agreement (MOA) Preparation

This Standard Operating Procedure (SOP) outlines the mandatory process for drafting, coordinating, and finalizing a Memorandum of Agreement (MOA) within an Army organizational context. An MOA is a formal document used to document common goals and define the specific responsibilities of two or more parties (typically internal Army commands or interagency partners) to achieve a shared objective. Adherence to this procedure ensures legal sufficiency, fiscal responsibility, and mission alignment according to AR 25-50 (Preparing and Managing Correspondence).

Phase 1: Planning and Initial Coordination

• Confirm that an MOA is the correct instrument (as opposed to a Memorandum of Understanding (MOU), which is generally non-binding).
• Identify all participating stakeholders and verify their authority to enter into agreements.
• Establish the specific "mutual benefit" or "common goal" that necessitates the agreement.
• Consult with the servicing Office of the Staff Judge Advocate (OSJA) to determine if the agreement requires a formal legal review or impacts existing statutory authorities.

Phase 2: Drafting the Document

• Format: Utilize the standard Army Memorandum format per AR 25-50.
• Header: Clearly state the "Memorandum for [Recipient]" and the subject line, which must be concise and descriptive.
• Purpose: Explicitly state the intent of the agreement and the specific objectives.
• Responsibilities: Divide the document into clear sections (e.g., "Responsibilities of [Unit A]" and "Responsibilities of [Unit B]"). Use "shall" for mandatory actions.
• Funding/Fiscal Clause: If the agreement involves the transfer of funds or resources, include a specific statement acknowledging that no funds are committed unless authorized by law (Anti-Deficiency Act compliance).
• Effective Date/Duration: Define the exact start date and the expiration criteria (e.g., "This agreement is effective until [Date] or until terminated by written notice").

Phase 3: Review and Coordination

• Staff Coordination: Route the draft through the relevant staff sections (G-1, G-3, G-4, G-8) to ensure feasibility.
• Legal Review: Obtain a written legal sufficiency review from the OSJA.
• Fiscal Review: Ensure the Resource Management (RM) office has reviewed any language regarding resource sharing or funding.
• Signature Routing: Utilize the formal staff routing sheet (DA Form 200 or organizational equivalent) to obtain signatures from the commanders or authorized representatives of all participating parties.

Phase 4: Finalization and Filing

• Archiving: Once signed, upload the finalized document to the organization’s official record-keeping system (e.g., ARMDS or a shared SharePoint repository).
• Distribution: Provide certified true copies to all signatories and relevant staff offices.
• Periodic Review: Establish a recurring tickler file to review the MOA annually for continued necessity and currency.

Pro Tips & Pitfalls

• Pro Tip: Avoid vague language. Replace "The parties will work together" with specific, measurable tasks, timelines, and deliverables.
• Pro Tip: Include an "Amendments" section. Define exactly how changes to the agreement will be processed (e.g., "Amendments must be in writing and signed by both parties").
• Pitfall: Overreaching Authority. Do not sign an MOA that commits resources the command does not own or have the statutory authority to pledge.
• Pitfall: Ignoring the Anti-Deficiency Act. Never imply that an MOA can supersede budget law. Ensure all fiscal language is vetted by the Comptroller.

Frequently Asked Questions (FAQ)

1. What is the difference between an MOA and an MOU? An MOA generally outlines specific responsibilities and actions (the "who does what") and is often treated as a binding agreement. An MOU is typically used to document a common line of effort or a general understanding and is often non-binding.

2. Does every MOA require legal review? While not every draft needs an exhaustive legal opinion, it is highly recommended and standard practice for Army operations to have the OSJA review all MOAs to ensure they comply with federal law, DOD regulations, and Army policy.

3. What happens if a party fails to meet their obligations in the MOA? Because MOAs are administrative agreements rather than contracts, they usually lack the judicial remedies of a contract. If a breach occurs, the resolution is typically handled through the chain of command, involving senior leadership mediation.