ARPA REQUIREMENTS TO BE INCLUDED IN The contract calls for reimbursement on a time-and-materials basis or scheduled fixed payments. Top-requested sites to log in to services provided by the state. 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. WebOWRB ARPA Engineering Procurement Process . Confirm that someone from the jurisdiction has inspected the work or supplies and determined that they meet the terms of the contract. The funds can be used to purchase equipment that improves or enhances the delivery of daily 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. The state agency or municipality should first identify the goal of the audit, which will determine the type of audit to perform. For more information about adopting a procurement policy for your jurisdiction, please see page 3 of the Bulletin. 128, 40064-40068. Did you know reporting is not the only requirement for use of American Rescue Plan Act (ARPA) funds? Federal Uniform Guidance rules apply as well. Uniform Guidance? Never heard of it? Dont worry, weve got you covered. The right person to review an invoice depends on the type of contract, including its size and complexity. First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds. Are there other vendors or organizations that could also reasonably and responsibly provide the good and/or service that may object to the lack of competition available for federal funds? [22] Per 2 CFR 200.319, procurement under Federal Awards must be conducted in a manner providing full and open competition failing to meet this requirement could jeopardize federal funding and result in clawbacks. 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. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records. Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise documenting subrecipients compliance obligations. 559 0 obj <> endobj Surveys are a helpful way to do this. Below are some general tips to keep in mind when reviewing invoices and payment requests: What if you have questions about an invoice? Registration closes twoweeks before the class start date. The executive order requires that every goods or services contract or agreement must incorporate an auditing provision permitting the government to audit the vendors books, records and other compilations of data relative to the performance of any provision or requirement of the contract or agreement. SLFRF recipients that are pass-through entities as described under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass- through entities. In addition to Karas post, there is another new post on Procuring Single Audit services for ARPA funds. 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. This page is located more than 3 levels deep within a topic. Please take a moment to participate in our Community Satisfaction Survey. WebThe Buy American requirements apply to all Recovery Act funds used for a project for the construction, alteration, maintenance, or repair of a public building or public work. The data from these documents can be combined to help make decisions about the award of future contracts. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. To promote accountability, ARPA includes requirements for the administration, monitoring and reporting of funds. %PDF-1.6 % While data includes these things, data also includes things such as time sheets, bank statements, survey responses and water meter readings. 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. Quality of contracts and documents: identify vendors with poorly written contracts or payment documents. Webprocurement can be used. All rights reserved. Purchases made from a vendor pursuant to a General Services Administration federal supply schedule, available for use by governmental bodies, comply with the requirements of Chapter 30B. c. 30B, 1(f). 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). We welcome non-English speakers to contact us. See, e.g., 2 C.F.R. 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. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information. WebThe State will comply with 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 200.327. hWoHWcORPKt.u8 -fA zA^%hq0)`Q9^2 B $BJ*'xdg.|vOhRRFa)`q:e8^0^0^0^0^ 6fn?iTDuHG?=t1Ax twx3Oy!/%G}KoW%0!,k69\=nl WebYes; there is no requirement to prove a loss in revenue. And always carefully read all contract terms before entering into any contract, October 2018 Procurement Bulletin Article. Maintain open and direct communication with grantees. WebAll solicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. For this program, the city of Scranton has elected to award . The use of data and data-based decision making has become increasingly important in government agencies and municipalities as a means of identifying fraud, waste or abuse of public resources. Jurisdictions should segregate these duties in order to create an additional layer of invoice review and further protect public funds. %%EOF When evaluating vendor invoices, jurisdictions may determine that some expenses require further review. It also must be generally recognized as ordinary and necessary for the proper and efficient performance of the ARP/CSLFRF grant award. The following is a sample policy to address the specifics of property management: Note that there are some grey areas related to whether and how a local government must seek US Treasurys approval for disposal of real property, equipment, or supplies over $5,000, and whether or not a local government will have to repay US Treasury its federal share. Please do not include personal or contact information. They are still federal grant funds, subject to all the award terms (be sure to read this document thoroughly) and most of the provisions of the federal Uniform Guidance (UG), which is the set of regulations that apply to the administration of federal awards. When was the last time your client revised their procurement contracts? Share sensitive information only on official, secure websites. 3) Consider publishing all sole source requests for public notice. For that reason it is not included in the Drop-in document. Please let us know how we can improve this page. 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. Mathematicians studied collections of numbers and found that the first digit will be a 1 about 30% of the time and a 2 about 17% of the time, with subsequent numbers following a similar decreasing pattern, as shown in the data visualization on the next page. And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. Vendors may charge fees and raise prices over the course of a contract, only if the contract allows for the same. As a result, that staff member should be able to determine if the invoice accurately reflects the contractors work. The following ter ms and conditions apply to you, the contractor or vendor, as a contractor of the City of Madison, according to the Citys Award Terms and Conditions signe d on May 11, 2021; by ARPA and its These guidelines are not a comprehensive list, but a reminder that organizations should remain cautious when disbursing funds. For example, a recipient may provide a subaward to a nonprofit to provide homeless services to individuals experiencing homelessness. 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. Are you missing any data that would help you monitor utilization? Department Directory | Privacy Policy | SiteMap | 2023 City of Providence. These practices will also ensure that ARPA funding is used for its intended purpose: helping communities recover from the devastating health and economic impacts of the COVID-19 pandemic. SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. Nevertheless, the vendor generated substantial revenue from the contract because drivers had to pay the vendor for towing and storage charges. Jurisdictions therefore must dedicate staff to evaluate documents and completed work reports from contractors to make sure that they have followed the contract before issuing payment. 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. For example, a municipality may have an existing contract for providing workforce development services that they wish to use starting July 1, 2021, but the contract expired in March 2021. Each of the considerations above, as well as operation and maintenance 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Suggestions are presented as an open option list only when they are available. 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. There are no requirements for contracts or expenditures of less than $10,000. However, using ARPA funds for contracts in excess of $10,000 triggers the mandatory contract provisions in 2 CFR Part 200, Appendix II. Most contract provisions are required only on those exceeding $100,000 or those for construction projects of any amount. endstream endobj 560 0 obj <. American Rescue Plan Act of 2021: Sample Uniform Guidance Policies and Implementation Tools, -Boards of Mental Health, Developmental Disabilities, & Substance Abuse, -Affordable Housing & Minimum Housing Codes, -Professional Responsibility for Government Attorneys, Purchasing, Construction, Property Transactions, -Purchasing / Purchase Contracts / Purchase Orders, Assistance Listing: Coronavirus State and Local Fiscal Recovery Funds, US Treasury State and Local Fiscal Recovery Funds Compliance and Reporting Guidance, Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards, Subpart D, Post Federal; Award Requirements, Project and Expenditure Report Tracking Template, Blog post explaining allowable cost and cost principles, Sample Allowable Cost and Cost Principles Policy, Sample Employee Effort Certification Form for 100% Covered Employees, Sample Employee Effort Certification Form for Less Than 100% Covered Employees, as outlined in paragraph 4.c. Once the audit team selects the type of audit to perform, the team must clearly prepare an audit plan and outline the expected audit procedures. We also plan to give an overview of some of these techniques in the next article on data in an upcoming edition of the OIG Bulletin. It also will identify grey areas that may require further legal scrutiny before finalizing expenditure decisions. Final approval for sole source procurement requests in most states resides with the Chief Procurement Official. Some page levels are currently hidden. procurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. WebDepending on the site host organizations procurement requirements, a formal solicitation process may be needed to purchase and install charging infrastructure. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. April 11, 2022: Basics of Implementing the Standard Allowance. There are several techniques you could use to identify vendors to audit. Webprocurement can be used. Finally, in addition to my colleagues Rebecca Badgett, who drafted some of the above UG policies, and Connor Crews, who is working on procurement and conflict of interest policies, we want to thank our two amazing research assistants, Tiffany Oliva and Abby Gostling, who drafted several of our templates and other tools. To start, here is a summary list of UG policies and their triggers. WebARPA established the Coronavirus State and Local Fiscal Recovery Fund (CSLFRF), which is a a program that provides funding over a two-year period to all states, counties, and Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate endstream endobj 166 0 obj <> endobj 167 0 obj <> endobj 168 0 obj <>stream 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. Regulatory compliance audits determine whether the vendor is following all of the laws and regulations relevant to the goods and services they provide (e.g., environmental regulations). This includes setting specific requirements and expectations, providing an audit timeline, including when and where you will visit, who you will interview, and which documents you will need. There are many reasons to audit contracts with vendors and suppliers. Consider whether prevailing wage rates apply. 601 0 obj <>stream Make sure the vendor is legitimate, responsible, has acceptable references and is properly registered to conduct business in Massachusetts. The Office of the Inspector General often reviews vendor invoices and other documents as part of its duty to prevent and detect fraud, waste and abuse. Financial compliance audits examine whether the vendor is billing appropriately. T:919.600.7874. 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. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. Allowable Activities. Identify conflicts of interest, fraudulent activities or other wrongdoing. Per 2 CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations. Our team excels at identifying, negotiating, procuring, and delivering quality products and services to customers doing business in various European locations and not only. Specifically, Ohios political subdivisions have Jurisdictions should only make payments after reviewing all invoices and supporting documentation for accuracy and completeness. A local jurisdiction recently sought guidance from the Office related to the procurement of towing and storage of motor vehicles. Restricting access to the submitted bids. For supply contracts, for example, jurisdictions should verify that the vendor delivered the correct items in good condition and in the correct quantities. 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 Bid manipulation undermines fair competition, can cost your jurisdiction money and, in many instances, is illegal. After reviewing and analyzing data, managers can follow up and review more information, identify issues and resolve them. 2 CFR Part 25 (Universal Identifier & System for Award Management) 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. This course is targeted to finance and management staff of smaller and mid-sized units that will be taking the standard allowance and spending most, if not all, of their ARP/CSLFRF as revenue replacement. 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. To ensure that the cost items within an eligible project are proper, a local government must adopt and implement an Allowable Costs and Cost Principles Policy. A few states have that power vested with the Governor, State Comptroller, Commissioner, or the Board or higher authority that oversees the procurement. Determine whether the contract allows the vendor to bill for the items listed on the invoice. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. Further, a prequalification or screening process for vendors interested in providing certain services, such as towing and storage, helps ensure that the public is receiving services from a qualified vendor at a reasonable price. Please let us know if you have any questions! Is the contract active and does it include the goods or services being sought? The following are a sample subaward policy, risk assessment, subaward agreement template, and subrecipient monitoring tool (they are all in a single Word file): Although there is a lot of federal red tape to navigate regardless of how a local government expends its ARP/CSLFRF funds, there are some opportunities to reduce a local units compliance burden. BenfordsLaw should not be applied to data sets that have stated minimum and maximum values or are assigned numbers, such as interest rates, telephone numbers or social security numbers. Web( a) The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this This day course provides an overview of the legal requirements in managing the ARP/CSLFRF award. When people think of data, often electronic spreadsheets, number-crunching and data warehouses come to mind. If not, many of the bid documents your jurisdiction retains can be used as data sources. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. Maintaining records sufficient to detail the history of procurement. Additional information about the definition of subrecipients is available in the section Distinguishing Subrecipients versus Beneficiaries. 12. This blog post highlights the UG requirements and provides several sample policies and other implementation tools. Equipment and Real Property Management. A local government must work with its attorney(s) to review each sample for legal compliance and edit to adapt to the specifics of your local government. ARPA Subgrantee Agreement Template Two Payment (Advance, Reimbursement) rev11.3.22, ARPA Subgrantee Agreement Template Reimbursement Based rev11.3.22, ARPA Subgrantee Agreement Template 100% Advance Payment (Very Rare-Special Circumstances) rev11.3.22, ARPA Subgrantee Agreement Template 25% Advance Payment rev11.3.22, ARPA Beneficiary Agreement Template rev11.3.22, SLFRF_Subgrantee_Budget_Exhibit 3_ 11.3.2022, SLFRF_Subgrantee_Invoice_Exhibit 4_11.3.2022. Payment reviews are a key part of contract administration, and insufficient reviews leave your jurisdiction vulnerable to improper or questionable payments to vendors. Impaired independence can hinder an auditors professional judgment or create the appearance that his professional judgment has been compromised. In that case, the vendor offered to provide the jurisdiction with the towing and storage services at no cost. 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. WebPROCUREMENT Non-federal entity MUST have written standards and procedures. 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). After contracting with the vendor, however, the local jurisdiction began receiving large quantities of supplies that it had not ordered. We use data every day without realizing it. Determine if billings are accurate and in compliance with contract terms. This helps maintain the integrity of the payment process. Web Must have documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements to support competition. A local government should craft its policies and procedures so that they can be reasonably implemented by its staff. Can the municipality provide full documentation and records to demonstrate that the history of procurement, including vendor selection, complied with competitive bidding and selection processes? Other important aspects to consider are the audit period, access to records and personnel, format of records, time needed, failure-to-produce penalties and notification requirements (planned versus surprise reviews). Taking incremental steps and continually finding areas for improvement will create a robust data program and help you make informed, data-driven decisions. Thus, the jurisdiction created a ready market for a single vendor without ensuring that drivers were receiving a fair price for the towing and storage services. WebSourcing & Procurement. two (2) subrecipients to carry these programs. Please limit your input to 500 characters. If you are still unclear about the requirements for your particular source of funding, we recommend that you contact the grantor or federal funding entity for clarification. 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. Track and maintain records of all grant-related documents, including communications, receipts and invoices. Some of the data within your organization may already be in an analyzable format. WebNon-Entitlement Units (breakdown coming week of May 17, 2021) Coronavirus State and Local Fiscal Recovery Funds website. Governors have until September 9, 2021 to make application for ARPA EANS funds. The vendor satisfied all contractual obligations, including meeting all milestones or providing all required deliverables. It is a red flag that the business may not be legitimate or well established. 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. Review for overall risk mitigation, including insurance, indemnification, limitation and/or waiver of Implementing the standard Allowance be able to determine if the contract 2 CFR 200 Subpart E regarding Cost. 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Read all contract terms before entering into any contract, only if the invoice accurately reflects the contractors.! Not the only requirement for use of American Rescue Plan Act ( ARPA ) funds,... An analyzable format in order to create an additional layer of invoice review and further public! Vendor, however, the city of Scranton has elected to award reporting is not only... Use of American Rescue Plan Act ( ARPA ) funds further legal scrutiny before finalizing expenditure decisions ARPA funds! It had not ordered solicitation process may be needed to purchase and install charging infrastructure first... Professional judgment has been compromised the award of future contracts of Implementing the standard Allowance whether contract! About an invoice depends on the invoice accurately reflects the contractors work ARPA.