This page is located more than 3 levels deep within a topic. For instance, recipients should note that SLFRF funds may not be used as the non-federal share for purposes of a states Medicaid and CHIP programs because the OMB has approved a waiver from this provision as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. BenfordsLaw is best applied to large data sets (at least several hundred records) of naturallyoccuringnumbers with some connection, such as population data, income tax data or scientific data. Maintaining clear policies governing conflicts of interest for Assigning multiple witnesses to attend and attest to the proper bid opening. We hope that this article, along with the other articles in our series on data analytics, helps you feel more confident in your ability to collect and analyze data. Suspension Immediate Need A temporary measure; there is a twelve month limit Usually used pending the completion of investigation or legal proceedings Based upon adequate evidence, usually an indictment Debarment Usually three years in length Please limit your input to 500 characters. Identify and understand the intended uses of the funds in the grant award agreement. Webthe provision of police, fire, and other public safety services (e.g., purchasing a fire truck or police vehicles, purchasing other equipment, covering salaries of public safety personnel). For example, perhaps one morning as you left your house, you looked outside, saw that it was raining and reached for a raincoat. 128, 40064-40068. Restricting access to the submitted bids. Track and maintain records of all grant-related documents, including communications, receipts and invoices. Some page levels are currently hidden. Incorporate by If data analysis leads you to believe that fraud has occurred, please contact the OIGs Fraud Hotline at (800) 322-1323 [email protected], orfill out our online form. The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. This training discusses the differences between subrecipients and contractors under the federal rules, fiscal recovery fund spending that is presumed eligible due to the nature of the beneficiaries or the type of project, and rules relating to using fiscal recovery funds on capital expenditures. A level and competitive playing field should exist for all service contracts, especially when a local jurisdiction creates a market for private vendors by prompting a demand. WebOWRB ARPA Engineering Procurement Process . Knapp-Sanders Building For instance, data analysis can reveal patterns in payroll expenditures or purchasing, track whether employees are following policies and procedures, or measure staff or vendor performance. Vendor 2,however,deviates visibly at numbers 4 and 9, which couldsuggest falsified purchasing prices, and should be flagged forfurther investigation. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. endstream endobj startxref In that case, the vendor offered to provide the jurisdiction with the towing and storage services at no cost. Each of the considerations above, as well as operation and maintenance The funds can be used to purchase equipment that improves or enhances the delivery of daily WebARPA Policy and Procedures Manual. Conducting a survey can be as simple as sending out an email or using a free online survey tool. A good way to start is by identifying data that would help you do your job. If a local government received less than $10 million in CSLFRF funds, it may take the Before turning to the specific samples and other tools, it is important to emphasize thatthe sample UG policies should not be adopted as is. Consistently applied. Weve never been audited, so there are no benchmarks to assess our performance., Our regular business hours are third shift., We cannot remove documents from our office., Cross-charging multiple clients or departments for their staffs work, Improper employee classification e.g., junior staff hours billed at a supervisors hourly rate, Overlapping time vendor creates two or more timesheets for the employee for the same day, Schedule manipulation vendor routinely postpones or schedules jobs with higher overtime rates toward the end of the week, Over-purchasing materials for personal use, Product substitution - substituting lower-quality products for those agreed upon in the contract, Failure to apply discounts, refunds and rebates, Billing materials to one project but using for another project, Intentionally applying rates from one contract to another, Billing time and equipment rates in lump-sum, unit or fixed-price contracts. Simply having a contract, however, does not ensure that a vendor will always bill at the agreed-upon rates, deliver the correct quantity or quality of materials, or perform the necessary activities required in the contract or by law. There may be an acceptable explanation for the high number of change orders for that particular contract, but only further review can determine whether the change orders are reasonable. When initiating an audit it is important to inform the vendor exactly which personnel and/or processes you will be auditing. If this fails, contact your local jurisdictions legal counsel because the vendor may have breached the contract. Use this button to show and access all levels. hbbd```b``+d9dUH&)0yD`5~.X&Xd-X6^fH-@@~ Governmental entities must vigilantly oversee their vendors to prevent fraud and waste in the expenditure of their limited financial resources. Please let us know if you have any questions! This second article of the series discusses how to collect data and provides examples of how procurement officials can use the data. However, the Office of the Inspector General (Office) recommends that local jurisdictions use an open, fair and competitive process to acquire automobile towing and storage services. Are there special requirements for capital Insufficient reportingrequirements or processes, or lack of attention to grant administration, can lead to a wide range of negative results, including project mismanagement, inappropriate use of funds and failure to comply with legal requirements. Treasurys final rule, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. If procurement is only possible through non-competitive methods, municipalities will need to justify use of a non-competitive procurement process, only permissible when one of the following conditions are met: the item is below the micro-purchase threshold established by the municipality; the item is only available from a single source; the public exigency or emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate. of the Award Terms and Conditions, Accessibility: Report a Digital Access Issue, Allowable Costs and Cost Principles Policy, Financial Management and Internal Controls, Program Income Policy (if local government uses ARP/CSLFRF funds to establish a loan program or otherwise earns income related to an ARP/CSLFRF expenditure), Procurement Policy (if a local government contracts for goods or services paid for with ARP/CSLFRF funds, or must engage in a Single Audit (even if the audit is paid for with other funds)), Property Management Policy (if a local government uses ARP/CLSFRF to acquire or improve any real property, equipment, or supplies), Subaward Policy (if a local government partners with another government, nonprofit, or other private entity to carry out an ARP/CSLFRF-eligible project), Thursday, March 24, at 8:30am (focus on affordable housing). [4] Department of Treasury, Coronavirus State and Local Fiscal Recovery Funds: Guidance on Recipient Compliance and Reporting Responsibilities, at 8, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf and 2 CFR 200.318(a). 601 0 obj <>stream Ensure that the vendor has provided identifying information on the invoice, including: Vendor name, address, phone number and email, Description, quantity, unit of measure and unit price of supplies delivered or services performed, Location of services performed, if applicable. Is it something you can collect in the future? %PDF-1.6 % The non-Federal entitys documented procurement procedures must conform to the procurement standards identified in 2 CFR 200.317 through 200.327. For example, you can analyze vendor performance using vendor quotations, proposal evaluations and past invoices. The contract did not entitle the vendor to charge an administrative fee and the housing authority rightly refused to pay it. Federal procurement rules not applicable to certain ARPA-funded projects Tuesday, August 30, 2022. Nevertheless, the vendor generated substantial revenue from the contract because drivers had to pay the vendor for towing and storage charges. The American Rescue Plan Act (ARPA) is the third round of Coronavirus economic impact payments. Past performance: for example, businesses previously on state or federal suspension or debarment lists may pose a greater risk of noncompliance or poor performance. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. The audit team should also obtain buy-in and support from the vendors management before initiating the audit. To promote accountability, ARPA includes requirements for the administration, monitoring and reporting of funds. October 2017 Procurement Bulletin Article, Recently, our Office learned that a vendor included administrative fees in invoices issued to a housing authority under a revenue-generating contract. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. The standard allowance is available to all counties, including ones with allocations under $10 million. Still, working with data at all levels of government can be challenging. Part 200, Subpart F. Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. These awards are as follows: 2 CFR 200.320(c). If you need assistance, please contact the Office of the Inspector General. Treasury will presume that each jurisdiction experienced up to $10 million in lost revenue. This Job Opportunity Announcement may be used to fill other Management & Program Analyst (Talent Management Specialist) GS-0343-11/12 FPL: 12 positions within the Economic Kara Millonzi has posted her initial take on the final rule in her Coates Canons post, available here. One key oversight tool is the vendor audit. A compliance audit is the overarching term for ensuring that a vendor is complying with the terms of a contract. It will be equally problematic from a compliance standpoint to have a policy your unit cannot or does not follow than to not have one at all. It is easy to become overwhelmed when determining how best to use this untapped resource. Procurement and contracting requirements are in place as best practices to mitigate the risk of fraud, waste, or abuse of federal funds and are designed to ensure that federally funded contracts are competitive and fair. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. Fraud audits encompass some or all of the elements of the above compliance audits, with a primary focus on the financial aspects and implications. To help prioritize which vendors to audit, consider the factors below. Direct questions related to design and construction procurement to the Attorney Generals Office. However, developing comprehensive monitoring policies, measuring project performance and conducting grantee audits can help jurisdictions reduce fraud, waste and abuse. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs pursuant to 2 CFR 200.414(f). Maintain open and direct communication with grantees. Also on this page are the dates and times of future Office Hours events, along with the Zoom link. It also must be generally recognized as ordinary and necessary for the proper and efficient performance of the ARP/CSLFRF grant award. 117- 2 (March 11, 2021). The metrics plotted show the number of change orders (orders that modify contract terms) and the contract length in months. Benfords Law analysis: this analysis may highlight a vendor with billing discrepancies that warrant further review. It also will identify grey areas that may require further legal scrutiny before finalizing expenditure decisions. We are working on detailed roadmaps to implementing these UG policies and templates for different potential expenditure items. Use this button to show and access all levels. The following are tools to implement this requirement: Allowable Costs/Cost Principles. Recipients must adhere to the following contract administration requirements: Require the recipients prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractors receipt of payment from the recipient. Without thinking much about it, you gathered data and made a decision based on that data. Civil Rights Compliance. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services on behalf of the recipient. Capital Funds Project website. A lock icon or https:// means youve safely connected to the official website. Remember to check debarment lists, as well as the Secretary of the Commonwealths business registration database or a local municipal clerks office to determine if a business is properly registered to conduct business within Massachusetts. Exceptions to requirements for small purchase or formal method competitive rules. Update: On January 6, 2022, the U.S. Department of the Treasury issued the Final Rule, which governs the eligible uses of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act (ARPA).The Final Rule makes several key changes to the Interim Final Rule, including expanding the eligible uses of To avoid such pitfalls, your jurisdiction should approve and implement a policy outlining how to procure towing and storage services, even though it is exempt from Chapter 30B. Recipients that receive an aggregate amount of federal financial assistance in a given fiscal year that exceeds the Single Audit threshold are subject to the requirements in 2 CFR 200 Subpart F, Audit Requirements, unless otherwise specified in program-specific guidance. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. Treasury may request transfer of records of long-term value at the end of such period. The following is the schedule for the next several weeks. An official website of the Commonwealth of Massachusetts, This page, American Rescue Plan Act (ARPA) Training, is. It is intended to change the course of the COVID-19 pandemic, provide direct relief to Americans, and build a bridge to equitable economic recovery. Exceptions to requirements for small purchase or formal method competitive rules. Review for overall risk mitigation, including insurance, indemnification, limitation and/or waiver of Confirm that the vendor billed at the rates stated in the contract or purchase order. Some online survey tools even analyze data for you. c. 30B, or statewide contracts administered by the Operational Services Division. A staff member who verifies the delivery of supplies or services should not also be the person responsible for issuing payment. T:919.600.7874. For supply contracts, for example, jurisdictions should verify that the vendor delivered the correct items in good condition and in the correct quantities. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a directors office. Bid manipulation undermines fair competition, can cost your jurisdiction money and, in many instances, is illegal. hb```f``rb`e``_ B,``nAxsYd.(3b(|lzx=g3@7^L5b0\aO0 5wtt 1f 9WcrBe`.ymqcBr5v*r VvH3q/1iC U While data includes these things, data also includes things such as time sheets, bank statements, survey responses and water meter readings. WebDesigns and oversees valid and systematic programs for assessing the effectiveness of talent acquisition activities that meet the organization's needs. Broadly speaking, data is any fact about an object or concept. Determine if billings are accurate and in compliance with contract terms. Suggestions are presented as an open option list only when they are available. The U.S. Department of the Treasury (Treasury) clarified that funds made available under the American Rescue Plan Act (ARP) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) are subject to federal procurement requirements outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), found at Title 2 of the Code of Federal Regulations, Part 200 (2 CFR 200). There are many reasons to audit contracts with vendors and suppliers. The team should consider gaining direct access to the vendors systems to facilitate its review. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. Additional information about the definition of subrecipients is available in the section Distinguishing Subrecipients versus Beneficiaries. Now is the time for school districts and municipalities across the Commonwealth to develop bid documents that are tailored to address the additional compliance requirements 2000d-1 et seq., and the Departments implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. While the Final Rule did not address everything that we had hoped it would, there are significant changes that will make life easier for you with regards to ARPA funding, particularly in the lost revenue category of eligible expenditures. We hope that this article has encouraged you to use data analysis more in your work. A few states have that power vested with the Governor, State Comptroller, Commissioner, or the Board or higher authority that oversees the procurement. Remember to consider whether your data gives you enough information to help you make decisions. When people think of data, often electronic spreadsheets, number-crunching and data warehouses come to mind. WebTo promote appropriate and effective use of ARPA funds, jurisdictions should: Identify and understand the intended uses of the funds in the grant award agreement. Campus Box 3330 Department Directory | Privacy Policy | SiteMap | 2023 City of Providence. Next, your organization will need to evaluate each subrecipients risk of noncompliance based on a set of common factors. Maintaining clear policies governing conflicts of interest for employees involved with developing solicitations, evaluating or awarding contracts, or managing or monitoring vendors. For example, a roadway repair and maintenance contract should not include unrelated supplies or services, such as classroom IT equipment or roadway paving in a location not specified in the contract. These guidelines are not a comprehensive list, but a reminder that organizations should remain cautious when disbursing funds. Implement internal controls to prevent fraud, waste and abuse. Jurisdictions should build on these federal requirements to ensure that grant recipients spend grant money appropriately by implementing their own comprehensive monitoring and reporting policies. Allowable Activities. WebStates are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. By regularly monitoring key performance indicators and tying grant payments to measurable standards, jurisdictions can determine which projects are working well and which require additional attention. A few requirements drawn from the Uniform Guidance include the following: Municipalities may have existing contracts or working relationships with vendors for similar services that they may wish to use for ARP-funded work. While a right-to-audit clause gives the team the contractual authority to conduct the audit, getting buy-in from management will help make the audit more efficient and effective. The vendor claimed that the lower per-unit price was only for bulk purchases. 4. Recipients should note that SLFRF funds available under the revenue loss eligible use category generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F and the Compliance Supplement are not allowable. With the upcoming Project and Expenditure Report deadline fast approaching on April 30, join NACo and Government Finance Officers Association for an overview of what you need to know when it comes to reporting for the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Fund. Therefore, when your jurisdiction uses federal funds to pay for supplies or services, you need to check your federal funding documents and any other federal guidance applicable to the type of funding you received to determine which procurement laws to follow. Finally, Kara hosted SOG Office Hours on Jan. 13, 2022, and the primary topic was the Final Rule and the change in lost revenue calculations. For example, someone from the public works department who supervises roadway paving should know whether the contractor completed the work and used the correct materials. Your organization must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (GAO), Treasurys Office of Inspector General (OIG), and their authorized representative in order to conduct audits or other investigations. When evaluating vendor invoices, jurisdictions may determine that some expenses require further review. 11 Uniform Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. Each recipient should review program requirements, including Treasurys final rule and the recipients Award Terms and Conditions, to determine and record eligible uses of SLFRF funds. All rights reserved. Effective audit clauses include language specific to the individual contract such as contract type, contract amount and time constraints. [2] 2 CFR 200.317-327, available at https://www.govregs.com/regulations/title2_chapterII_part200. 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Arpa-Funded projects Tuesday, August 30, 2022 use data analysis more in your work Providence! Of data, often electronic spreadsheets, number-crunching and data warehouses come mind! The towing and storage charges remember to consider whether your data gives enough. Page is located more than 3 levels deep within a topic article has encouraged you to use this to. ) is the overarching term for ensuring that a vendor with billing discrepancies that warrant further review buy-in support. Direct questions related to design and construction procurement to the individual contract such as type. // means youve safely connected to the individual contract such as contract type, contract amount and time constraints a! Sending out an email or using a free online survey tool and reporting of funds or subcontractors provided. Some expenses require further review costs must follow the requirements in 2 200.317... 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