What are the important items to consider when drafting or entering into a partnership agreement?
A partnership agreement memorializes a meeting of minds between parties. For example, it can memorialize the parties’ agreement to take particular actions such as consultation or the sharing of technical data. Partnership agreements can also memorialize the parties’ common understanding of facts, set common goals, and establish responsibilities for attaining goals. Some partnership agreements, such as an MOU, do not transfer “things of value,” e.g., funds, from the Government to another party. Only a grant or cooperative agreement may be used for such transfers. When drafting a partnership agreement, clearly and concisely state at a minimum: 1) the authority the bureau has for entering into the agreement; 2) background information and understandings necessitating the agreement; 3) the goals the parties intend to accomplish through the agreement; 4) what actions each party will take to attain those goals and when the actions will be taken; 6) obligations to consult on particular actions
