Standard Operating Procedure: Drafting and Routing a Department of Defense (DoD) Memorandum of Understanding (MOU)

This Standard Operating Procedure (SOP) outlines the mandatory procedures for drafting, coordinating, and executing a Memorandum of Understanding (MOU) within a Department of Defense (DoD) environment. An MOU is a non-binding agreement between two or more parties—typically within the DoD or between the DoD and another federal agency—to outline common goals and delineate responsibilities. Because these documents carry legal and fiscal implications, they must be drafted with precision, reviewed by the Office of General Counsel (OGC), and routed through the formal military correspondence chain of command.

Phase 1: Preparation and Requirements Analysis

• Identify the legal authority: Determine if the agency has the statutory authority to enter into the agreement.
• Define the objective: Draft a clear, concise statement of purpose explaining the "Why" behind the collaboration.
• Identify stakeholders: List all participating agencies, departments, or commands.
• Determine fiscal impact: Verify if the MOU involves the transfer of funds (if funds are involved, an Economy Act order or specific Interagency Agreement (IAA) template may be required instead of an MOU).
• Define roles and responsibilities: Clearly state who is responsible for providing resources, personnel, or access.

Phase 2: Drafting the MOU

• Apply DoD formatting standards: Adhere to the Department of Defense Manual 5110.04-M, Volume 1 (DoD Manual for Written Material).
• Draft the Heading: Use the standard DoD memorandum header (OFFICE SYMBOL, DATE, SUBJECT).
• Section 1: Purpose: State the intent of the agreement.
• Section 2: Background: Provide context on why this relationship is necessary.
• Section 3: Responsibilities: Use bulleted sub-sections to define duties for each participating party.
• Section 4: Points of Contact: List names, emails, and phone numbers for action officers.
• Section 5: Effective Date and Termination: Include specific language regarding how long the agreement lasts and how a party may exit the agreement (e.g., "30-day written notice").
• Section 6: Signature Block: Ensure signature blocks align with the authority level of the signatory (e.g., Commander, Director, or PEO).

Phase 3: Legal and Internal Review

• Legal Sufficiency Review: Submit the draft to the servicing Office of General Counsel (OGC) or Staff Judge Advocate (SJA) for a formal legal sufficiency review.
• Policy Review: Coordinate with the local policy office to ensure compliance with internal DoD regulations.
• Redline/Revision: Incorporate all legal corrections and policy edits.
• Formal Routing: Utilize the official Task Management Tool (TMT) or local routing sheet to obtain senior leadership concurrence.

Phase 4: Execution and Archiving

• Signature Process: Ensure all parties sign the same document (or identical counterparts).
• Quality Control: Verify that all pages are present and signatures are original or CAC-verified digital signatures.
• Distribution: Provide signed electronic copies to all participating parties.
• Records Management: File the MOU in the official command records repository in accordance with the NARA-approved records schedule.

Pro Tips & Pitfalls

• Pro Tip: Always include a "Non-Binding Statement." Clearly state that the MOU does not create a legally enforceable contract or obligate the appropriation of funds. This prevents the document from being misclassified as a procurement contract.
• Pro Tip: Use "Plain English." Avoid excessive "legalese" that can complicate the coordination process between mission-focused commands.
• Pitfall: Do not use an MOU for inter-agency fund transfers. If money is changing hands, you must use an Interagency Agreement (IAA) or a formal contract via the Contracting Officer (KO).
• Pitfall: Skipping Legal Review. DoD MOUs that are not vetted by counsel can inadvertently bind the military to liabilities, safety hazards, or security risks that violate federal law.

FAQ

Q: Can an MOU be used to commit the DoD to spending money? A: No. An MOU is an agreement of intent. It cannot be used to obligate funds or bypass the Federal Acquisition Regulation (FAR). Any MOU implying the transfer of funds will be rejected by legal review.

Q: What is the difference between an MOU and an MOA (Memorandum of Agreement)? A: While often used interchangeably, an MOA usually implies a specific "if-then" relationship where one party provides something and the other receives it, often containing more specific enforcement terms. MOUs are generally broader expressions of alignment.

Q: Who has the authority to sign an MOU? A: Authority is generally vested in the Commander or the Head of the Contracting Activity. Always check your local Command Authority Matrix to ensure the signatory has the delegated authority to commit the command to the proposed partnership.