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Is it something you can collect in the future? 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. And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. A .mass.gov website belongs to an official government organization in Massachusetts. 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. 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. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. Please include this language separately in the bid solicitation. In your role as a procurement official, you may already track bids and price quotations in Excel. The regulations related to allowable costs and cost principles are complex. Please do not include personal or contact information. See, e.g., 2 C.F.R. Federal procurement laws and regulations typically require that you use a fair, open and competitive process, even though price thresholds, advertising requirements and contract award language may differ from the requirements of Chapter 30B. The contract calls for reimbursement on a time-and-materials basis or scheduled fixed payments. In addition to Karas post, there is another new post on Procuring Single Audit services for ARPA funds. Purchases made directly from the federal government are exempt from Chapter 30B. WebOWRB ARPA Engineering Procurement Process . This helps maintain the integrity of the payment process. 1681 et seq., and the Departments implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 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. When people think of data, often electronic spreadsheets, number-crunching and data warehouses come to mind. 11246. When was the last time your client revised their procurement contracts? For example, you can analyze vendor performance using vendor quotations, proposal evaluations and past invoices. If a recipient seeks to use SLFRF funds to satisfy match or cost-share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost-share requirement. procurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. This scope is different than what is included in the current contract and may be considered noncompetitive. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. 559 0 obj <> endobj 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. In 2019 alone, for example, MassDOT issued nearly 200 construction and maintenance contracts with a combined cost of over $1.2 billion. Because ARP/CSLFRF in the revenue replacement category may be spent on any government service authorized under state law (assuming allowable cost items), a local government may use ARP/CSLFRF to supplant employees salaries and benefits during the award term, thus freeing up general fund or enterprise fund monies to be spent on more complex capital projects or programs. WebSubpart F, Audit Requirements (UG single audit required when a non-Federal entity expends more than $750,000 in federal financial assistance in a fiscal year (the $750,000 threshold includes the total expenditures from all federal awards)). WebA nonfederal entity with federal expenditures in excess of $750,000 is required by law to have a single audit completed. January 14, 2022 ARPA Final Rule and Procurement Requirements for Audit Services *REVISED January 28, 2022* As many of you already know, the US Additional changes to compliance and reporting guidelines, including any clarifications on Uniform Guidance requirements, will be addressed in Compliance and Reporting Guidance and the User Guide. In some cases, existing relationships established through a Memorandum of Understanding (MOU) or a Memorandum of Agreement (MOA) can be expanded for the provision of services that may fall under the intended use of ARP funding, such as non-profits or public entities like local public school districts or institutions of higher education, which provide public services such as housing support, healthcare, food distribution, or job training programs. In the February 2020 issue of the OIG Bulletin, we published the first in a series of articles to help demystify data analytics. Municipalities may explore utilizing existing MOUs or MOAs, or establishing new MOUs or MOAs, with non-profits and public entities to provide additional services utilizing existing MOUs or MOAs, or establishing new MOUs or MOAs, with non-profits or public entities to provide additional services utilizing ARP funding. The best way to safeguard public funds is to dedicate personnel and time to review invoices as an important component of contract administration. Also, remember the following: 1. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. of the Award Terms and Conditions. The procurement code mandates city responses be mailed to the protestor and all other applicants so as to inform them of the ability to appeal the decision related to the protest. Government entities should only pay invoices after confirming that the vendor has satisfactorily delivered all goods, has performed all required services according to the contract and has submitted an accurate invoice. hb```f``rb`e``_ B,``nAxsYd.(3b(|lzx=g3@7^L5b0\aO0 5wtt 1f 9WcrBe`.ymqcBr5v*r VvH3q/1iC U To utilize a pre-existing contract, municipalities can consider the following requirements to assess whether the contract meets federal procurement requirements: In some cases, existing relationships established through a Memorandum of Understanding (MOU) or a Memorandum of Agreement (MOA) can be expanded for the provision of services that may fall under the intended use of ARP funding, such as non-profits or public entities like local public school districts or institutions of higher education, which provide public services such as housing support, healthcare, food distribution, or job training programs. We welcome non-English speakers to contact us. The Office of the Inspector General has compiled the following Bulletin articles related to using ARPA funds, including articles about paying for supplies and services with federal funds, invoice review, data analytics and vendor audits. The expenditures for each eligible project are comprised of cost items. These awards are as follows: If the data is not in one of these formats, do not despair! As part of its contract administration process, the housing authority discovered the improper charges when it reviewed its invoices closely. bWlLLiBg`x m These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. %%EOF This day course provides an overview of the legal requirements in managing the ARP/CSLFRF award. You can transform information from historical and external sources into usable data, and you can create new data. Some of the data within your organization may already be in an analyzable format. As an example, we appliedBenfordsLaw to a dataset that contains the price of all items purchased by a city between 2009-2020. To assist you with overcoming this challenge, the Office of the Inspector General will publish a series of articles to help demystify data analytics and its uses. The metrics plotted show the number of change orders (orders that modify contract terms) and the contract length in months. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. Extending the contract to include additional time may be deemed noncompetitive, because the contract expired before services began. 11246. The UG requirements are in addition to those imposed by the Final Rule related to project eligibility. Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. WebWhen it comes to using ARPA funds, there are layers of rules towns have to follow (the U.S. Treasury says so right here on page 8): - Local procurement rules - New York State Suggestions are presented as an open option list only when they are available. A lock icon ( 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. Written procedures that do not meet UG standards must be revised to include these Federal Register Publication Vol 85 No. The jurisdiction did not have any policies related to procuring services exempt from Chapter 30B and the jurisdiction did not procure automobile towing and storage services with a competitive process. Under the American Rescue Plan Act (ARPA), passed by the federal government in March 2021, Massachusetts state, county, tribal and local entities are receiving federal aid to respond to the public health and economic impacts of the public health emergency created by the COVID-19 pandemic. Please let us know how we can improve this page. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non- Federal entity, consistent with any guidance that Treasury may issue. This makes bid manipulation more difficult. Failure to implement sound grant monitoring policies that ensure proper use of ARPA funds can result in recoupment of funds by the federal government. And always carefully read all contract terms before entering into any contract, October 2018 Procurement Bulletin Article. The prevention and detection of fraud, waste and abuse of public funds always an important issue for government entities is even more critical now that jurisdictions are receiving billions of additional dollars in ARPA funding. ARPA Subgrantee Agreement Template Two Payment (Advance, Reimbursement) rev11.3.22 (DOCX) ARPA Subgrantee Use this button to show and access all levels. WebThe Department of Education posted final requirements on ARPA ESSER in July 2021. Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs as long as they are accorded consistent treatment per 2 CFR 200.403. This second article of the series discusses how to collect data and provides examples of how procurement officials can use the data. Confirm that someone from the jurisdiction has inspected the work or supplies and determined that they meet the terms of the contract. two (2) subrecipients to carry these programs. UNC Chapel Hill Some page levels are currently hidden. If this fails, contact your local jurisdictions legal counsel because the vendor may have breached the contract. The vendor deducted the administrative fee from the monthly payment it made to the housing authority even though this was not part of the contract between the housing authority and the vendor. Below are some general tips to keep in mind when reviewing invoices and payment requests: What if you have questions about an invoice? For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Pertinent documents may include invoices, payment information, purchase orders, requisitions, general ledgers, cash disbursements, check registrars, transactional data histories and contract bid documents. A lock icon ( There are special rules and procedures that apply to any real property, equipment, and supplies acquired or improved in whole or in part with ARP/CSLFRF funds. To facilitate grant management, jurisdictions should develop clear expectations for grant programs and include this language in grant awards. This information is invaluable to managers. WebPrerequisite: None Class Level: Basic Instructional Method: Online - MCPPO Online Class Technical Specifications Advanced Prep: None Class dates and times: April 18, 2023, 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 SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. If you determine a need for data that does notal readyexist, you can also create data. If so, are there differences between the local and federal requirements that may be in conflict? 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. Recipients of SLFRF funds should calculate, document, and record the organizations program income. If a local government received less than $10 million in CSLFRF funds, it may take the Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate It also will identify grey areas that may require further legal scrutiny before finalizing expenditure decisions. We hope that this article has encouraged you to use data analysis more in your work. Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. For example, in the scatter plot below, each of the points represents one contract. 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. 195 0 obj <>stream When procuring goods or services, the state agency or municipal department typically executes a contract with the vendor to outline the scope of the parties agreement. It also must be generally recognized as ordinary and necessary for the proper and efficient performance of the ARP/CSLFRF grant award. The vendor claimed that the lower per-unit price was only for bulk purchases. Two significant areas that did not change are the applicability of Uniform Grant Guidance to ARPA funds and the federal audit requirements over these funds. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. The particular industry, the types of goods or services involved, the size and complexity of the contract, and the applicable regulatory requirements are just a few factors that can increase an organizations risk of fraud, waste and abuse. Justifying and documenting the selection of vendors, including: (1) that a vendor is responsive to the requirements outlined in the procurement, (2) responsible, (3) not debarred from doing business with the federal government, and (4) offering a reasonable, competitive cost, based on cost or price analysis completed by the municipality. 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. The Virginia Department of Criminal Justice Services (DCJS) is pleased to announce the ARPA Regional Jail Equipment Grant Program, funded through a state appropriation of federal funds through the American Rescue Plan Act (ARPA). A right-to-audit clause allows a jurisdiction to request documents and engage in an active review process. [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). People often make business decisions based on intuition, anecdotes or institutional lore. The audit scope and appropriate approach depend on the type of audit performed. See M.G.L. 12. Program Income. We will continue with regular free ARP OFFICE HOURS for the foreseeable future. These guidelines are not a comprehensive list, but a reminder that organizations should remain cautious when disbursing funds. Local governments should review the requirements, compare them to their current policies and procedures, and consult with legal counsel to evaluate. In addition, we recommend that all ARPA awardees review 2 CFR Part 200 Subpart D, as this section describes the requirements most applicable to local governments. (For example, a specific roadmap for standard allowance local governments looking to spend their full allotment on salaries and benefits.) 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. Bid manipulation can also include allowing a vendor to submit bid documents after the public deadline or disclosing offers made by one vendor to another before the bids are opened publicly. WebYes; there is no requirement to prove a loss in revenue. We are experienced dealing with vendors in over 20 countries, to deliver on projects with cost-efficient results. The audit team must explore and understand the vendors policies and procedures to adequately perform their assessment. You can reach us at (617) 722-8838 or30BHotline@state.ma.us. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. US Treasury issued theFinal Ruleof the Coronavirus State and Local Fiscal Recovery Fund program of the American Rescue Plan Act of 2021 (ARP/CSLFRF) in January 2022. Your local jurisdiction creates a demand for towing services because local officials have the authority to have vehicles towed when there are parking violations on public property or drivers need emergency roadside assistance. 11 Uniform For that reason it is not included in the Drop-in document. To browse a complete catalog of School of Government publications, please visit the Schools website at www.sog.unc.edu or contact the Bookstore, School of Government, CB# 3330 Knapp-Sanders Building, UNC Chapel Hill, Chapel Hill, NC 27599-3330; e-mail sales@sog.unc.edu; telephone 919.966.4119; or fax 919.962.2707. Subrecipients are subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements, whereas contractors are not subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements. The reviewer should also request receipts or consult with appropriate staff to confirm that the dollar amounts on the invoice are valid before recommending invoice payment. That reason it is not included in the scatter plot below, each of the ARP/CSLFRF grant.... To allowable costs and cost principles are complex for that reason it is not included the... 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Electronic spreadsheets, number-crunching and data warehouses come to mind and contracting policies, standards, procedures!, there is another new post on Procuring Single audit services for ARPA funds proper use of ARPA funds result! Standards, or procedures, including procurement standards vendors policies and procedures, including applicable local state! Government organization in Massachusetts active review process sources into usable data, often electronic spreadsheets, number-crunching and data come... Often electronic spreadsheets, number-crunching and data warehouses come to mind expenditures for each eligible project are of! Proper use of ARPA funds can result in recoupment of funds by the Rule. For example, you can collect in the scatter plot below, each of the data is in! Scope is different than what is included in the Drop-in document documents and engage in an review. Modify contract terms ) and the contract expired before services began of your contract administration,. 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