Re: MOU and MOA Greg Schmidt 14 Jun 1999 07:40 EST
A hundred years ago, when I was in private industry, I used MOU's primarily with subcontractors on a job we were bidding. It established the basic agreement we would sign IF we were awarded the contract thus allowing a rapid deployment of subs to the work site. It also assured us that the subs were committed to the project, and told us how much they were going to cost. We used MOA's when the project was going on for minor modifications to the statements of work to the subs. We only used them when we had reasonable assurances that we would be compensated for any additional work or different site conditions than described in the RFP and our inspections. We differentiated MOU's and MOA's because the word Agreement has a stronger legal connotation than understanding. Understandings could be a documentation of telephone conversations (I did that with the insurance brokers who'd NEVER reply in writing). Agreements ususally had two signatures. "Herbert B. Chermside" wrote: > It depends on which language you and the othjer party prefer. > > This is NOT sarcastic -- they are effectively the same unless one party is > in an organization which does have a differential definition. The key > thing is that, provided it is signed by a person with contracting authority > for the organization, it meets the fundimentals of a contract: > 1) agreement (as specified in the document) > 2) between (among) competent parties > 2) with consideration (the things done, the promises made, the funds > provided, etc.) flowing both ways. > > Sometimes either phrase is used as meaning something less than a contract, > e.g., an agreement between two departments in the organization regarding > who will do what on some project -- but it is the same sense: A and B > agree to do X and Y. > > Chuck > > At 01:18 PM 6/11/99 -0500, Gina Lee Glauser wrote: > >Could you explain the difference between the Memorandum of > >Understanding (MOU) vs. Memorandum of Agreement (MOA)? > >When do you use MOU or MOA? Could you give an example for > >each case? > > > >Thanks in advance. > > > >gina > > > > > Herbert B. Chermside, CRA -- Greg Schmidt Manager, Contract & Grant Accounting Florida A&M University 201 FHAC Tallahassee, FL 32307-3200 DUNS: 623751831 College of the Year - 1997 voice: 850 561-2956 fax: 850 561-2461 ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================