Management

Installation Agreements

By Order of the Secretary of the Army:

MARK A. MILLEY
General, United States Army
Chief of Staff

General

GERALD B. O'KEEFE
Administrative Assistant to the
Secretary of the Army

History. This publication is a major revision.

Summary. This regulation prescribes policies, roles, and responsibilities pertaining to installation agreements.

Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. Also, it applies to all Army commands/components that obtain or provide installation services and infrastructure support from/to Army and non-Army Department of Defense and Federal suppliers via agreements. In the event of a conflict between this regulation and approved Office of the Secretary of Defense or Joint Chiefs of Staff publications, the policy and guidance of the latter will apply. This regulation does not apply to the following agreements: (a) Agreements for Army receivers on Joint bases that were established with Base Realignment and Closure 2005; Joint basing guidance is provided in accordance with the Department of Defense Joint Basing Implementation Guidance and in applicable Joint Base Memoranda of Agreement and Department of Defense supplemental guidance; (b) Agreements related to overseas contingency operations and agreements for combatant command operations in theaters of

operation, which are included in DODDDODDDepartment of Defense directive 3000.10, DODIDODIDepartment of the Defense Instruction 3000.12, and any subsequent Army regulations pertaining to contingency basing; (c) Acquisition Cross-Servicing Agreements, which are provided in accordance with DODDDODDDepartment of Defense directive 2010.9; (d) International Agreements, which are provided in accordance with DODDDODDDepartment of Defense directive 5530.3 and AR 550-51; (e) National Guard agreements and/or Cooperative Agreements under Title 32 USCUSCUnited States Code. (f) This regulation does not apply to the same agreements that are excluded in the DODIDODIDepartment of the Defense Instruction 4000.19, except for Defense Working Capital Fund (DWCF) and agreements with private entities including those for which there is specific statutory support authorization. (g) Although DODIDODIDepartment of the Defense Instruction 4000.19 does not include Intergovernmental Support Agreements, this regulation includes policy on Intergovernmental Support Agreements. (h) Agreements with nonappropriated fund instrumentalities (NAFIs) are included in this regulation.

Proponent and exception authority. The proponent of this regulation is the Assistant Chief of Staff for Installation Management. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25-30 for specific guidance.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11-2 and identifies key internal controls that must be evaluated (see appendix E).

Supplementation. Supplementation of this regulation and establishment of command and local forms are prohibited without prior approval from the Assistant Chief of Staff for Installation Management (DAIM-RD), 600 Army Pentagon, Washington, DC 20310-0600.

Suggested improvements. Users are invited to send comments or suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Resources Director, Office of the Assistant Chief of Staff for Installation Management (DAIM-RD), 600 Army Pentagon, Washington, DC 20310-0600.

Committee management. AR 15-1 requires the proponent to justify establishing/continuing committee(s), coordinate draft publications, and coordinate changes in committee status with the Office of the Administrative Assistant to the Secretary of the Army, Department of the Army Committee Management Office (AARP-ZA), 9301 Chapek Road, Building 1458, Fort Belvoir, VA 22060-5527. Further, if it is determined that an established "group" identified within this regulation later takes on the characteristics of a committee, as found in AR 15-1, then the proponent will follow all AR 15-1 requirements for establishing and continuing the group as a committee.

Distribution. This publication is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

*This regulation supersedes AR 5-9, dated 16 October 1998, and AR 37-49, dated 15 October 1978.
AR 5-9 • 17 April 2018
UNCLASSIFIED

In conjunction with the DOD Financial Management Regulation, DODIDODIDepartment of the Defense Instruction 4000.19, related Army regulations, and command funding guidance, suppliers are directed to define the standard services they provide to their receivers on a non-reimburs-able basis. Catalogs may also include the standard reimbursable services that all receivers fund as routine operating ex-penses. The supplier may tailor the catalog format to fit local requirements. The catalog must be kept current and accessible to all receivers. The existence of a catalog reduces or eliminates the necessity to include non-reimbursable support catego-ries in customer IAs; the IA may include a reference to the catalog and include only the reimbursable support and mission unique exceptions for a customer. See figure B – 1 and figure B – 2 for a sample memorandum and catalog of services.

In conjunction with the DOD Financial Management Regulation, DODIDODIDepartment of the Defense Instruction 4000.19, related Army regulations, command funding guidance, and local procedures, suppliers are directed to define the basis for reimbursement and standard units of measure and rates for all reimbursable services. An initial funding annex is attached to an IA. Funding annex is then annually reviewed and updated when the actual costs change significantly beyond normal inflation factors. The local com-mand, in coordination with the receiver, determines in advance the percentage rate that represents significant change. The following worksheet serves as a checklist for resource management officers as they develop and validate the funding annexes and track billing and collections for supported customers (see fig C – 1):

Supplier manpower analysts will complete a manpower annex that is attached to the IA to validate and track non-reim-bursable and reimbursable manpower requirements in support of receivers. Annexes are developed per AR 71 – 32 and USAMAA and the supplier’s manpower guidance. An initial manpower annex is attached to an IA. The manpower annex is then annually reviewed and updated when the actual manpower requirements/costs change significantly. The local com-mand, in coordination with the receiver, determines in advance what represents significant change. The following work-sheet serves as a checklist for manpower analysts as they develop and validate the manpower annexes and continue to track manpower workload and requirements for the supplier’s supported population and facilities (see fig D – 1):