Ensure the agency received all of the purchased goods and services. 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. A different person should have the authority to approve payment, and that person must also know the terms of the contract to effectively review invoices. For example, in the scatter plot below, each of the points represents one contract. January 14, 2022 ARPA Final Rule and Procurement Requirements for Audit Services *REVISED January 28, 2022* As many of you already know, the US Identify and understand the intended uses of the funds in the grant award agreement. The funds can be used to purchase equipment that improves or enhances the delivery of daily Effective audit clauses include language specific to the individual contract such as contract type, contract amount and time constraints. We then use this data to improve the Massachusetts Certified Public Purchasing Official Program. 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. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. 11 Uniform 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. A contracting agency is free to decide that a particular award need not be restricted to professional engineering firms. Please let us know how we can improve this page. We hope that this article has encouraged you to use data analysis more in your work. Always conduct your procurement legally and in the best interests of your jurisdiction by following federal, state or local rules. Use of this blog post for commercial purposes is prohibited. Chapel Hill, NC27599-3330
Federal Register Publication Vol 85 No. 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. 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. Use this button to show and access all levels. 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. 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. 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. 2. 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 In most cases, city procurement WebDepending on the site host organizations procurement requirements, a formal solicitation process may be needed to purchase and install charging infrastructure. Additionally, ARPA funds are subject to oversight by certain state and federal agencies, including the Massachusetts OIG. 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. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. 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. 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). Some page levels are currently hidden. Capital Funds Project website. 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. The smallest incongruity could lead to the discovery of a large fraud. two (2) subrecipients to carry these programs. T:919.600.7874. As required under 2 CFR 200, a local governments procurement program must address the following: Full and Open October 2015 Procurement Bulletin Article. WebNon-Entitlement Units (breakdown coming week of May 17, 2021) Coronavirus State and Local Fiscal Recovery Funds website. The following bar chart, which can be made using Excel, shows the distribution of the first digit of the purchase price for each item in the dataset, with all vendors grouped together. There is no sure-fire method to uncover vendor fraud; therefore, it is the audit teams responsibility to remain alert and practice professional skepticism throughout the engagement. Ensuring that the contract structure is appropriate for the goods and/or services rendered, that prices are fair based on an independent cost or price analysis, and that a cost-plus-percentage-of-cost method is not used for federally-funded contracts. When grouping the pricingdataby individualvendor,asshownin the chartsbelow,andrunning the same analysis, youcansee that Vendor 1 and Vendor3follow the expecteddistribution pattern. These guidelines are not a comprehensive list, but a reminder that organizations should remain cautious when disbursing funds. This may include justification of exigent or emergency circumstances, imminent threat to public health and safety, or substantive demonstration that no alternatives were feasible. The majority of these goods and services are purchased using the Uniform Procurement Act, M.G.L. The following is a sample policy to address any program income: Note that there are some grey areas related to how to identify program income, particularly fees for services assessed for water, sewer, or broadband assets constructed or improved with ARP/CSLFRF monies. Contracted work, as well as the delivery of goods and services, accounts for a large portion of the Commonwealths spending. Determine if billings are accurate and in compliance with contract terms. [1] These requirements outline the general standards and regulations for the procurement of goods and services for recipients and subrecipients of federally awarded funds. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. You can find the full rule (all 437 pages of it) here and a brief overview (only 44 pages) here. Is there a strategic way to expend CSLFRF funds (i.e., how do we make the best use of funds and trigger the fewest compliance requirements)? The audit team must explore and understand the vendors policies and procedures to adequately perform their assessment. All other recipients must follow 2 CFR 200.318, General procurement standards, through 200.327, Contract provisions. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. Jurisdictions should only make payments after reviewing all invoices and supporting documentation for accuracy and completeness. Massachusetts jurisdictions received over $25 billion through ARPA. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 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. Please remove any contact information or personal data from your feedback. If the data is not in one of these formats, do not despair! Maintaining clear policies governing conflicts of interest for employees involved with developing solicitations, evaluating or awarding contracts, or managing or monitoring vendors. 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. You can access that post here. 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. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. Vendors may charge fees and raise prices over the course of a contract, only if the contract allows for the same. If a local government does not already have a written nondiscrimination policy, it must adopt and implement one consistent with this guidance. The American Rescue Plan Act (ARPA) is the third round of Coronavirus economic impact payments. 165 0 obj
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You skipped the table of contents section. Direct questions related to design and construction procurement to the Attorney Generals Office. We use data every day without realizing it. Ensure compliance with policies, procedures, rules, regulations and legal requirements. 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. 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. Top-requested sites to log in to services provided by the state. We have also learned that state agencies and municipalities can start from scratch and build the capacity to rely on data as a problem-solving tool. There are several techniques you could use to identify vendors to audit. In the February 2020 issue of the OIG Bulletin, we published the first in a series of articles to help demystify data analytics. Copyright 2009 to Present School of Government at the University of North Carolina. We will update the policy if/when we receive more guidance from US Treasury. To promote appropriate and effective use of ARPA funds, jurisdictions should: Jurisdictionsshould also develop evidence-based methods of measuring performance and project goals to make sure that grantees meet those expectations. As you may know, under Section 1(b)(21) of Chapter 30B contracts for the towing and storage of motor vehicles are exempt from the Uniform Procurement Act. Campus Box 3330
A lock icon ( Proposals must be solicited from an adequate number of qualified offerors. A good way to start is by identifying data that would help you do your job. 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 The team should consider gaining direct access to the vendors systems to facilitate its review. Becoming overly friendly threatens the auditors independence in performing their review. 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 April 11, 2022: Basics of Implementing the Standard Allowance. If you identify a fee or charge that is not accounted for in a contract between your jurisdiction and a vendor, contact the vendor for an explanation; or request a corrected invoice and a return of any improperly paid fees. The metrics plotted show the number of change orders (orders that modify contract terms) and the contract length in months. The 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 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. Has the vendor demonstrated capacity and financial responsibility to provide the goods or services being sought? 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. Once you have access, you can use the data to inform your decisions and manage risks. 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)). What is the difference between Suspension and Debarment? And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. The feedback will only be used for improving the website. Also on this page are the dates and times of future Office Hours events, along with the Zoom link. Consistently applied. For that reason it is not included in the Drop-in document. 128, 40064-40068. 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. Failure to implement sound grant monitoring policies that ensure proper use of ARPA funds can result in recoupment of funds by the federal government. The jurisdiction became suspicious, researched the vendor and found no registration information on file with the Secretary of Commonwealth. [1] 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. Extending the contract to include additional time may be deemed noncompetitive, because the contract expired before services began. Within that broad term, common types of vendor audits (ranging from a less-narrow scope to a more-narrow scope) include process compliance audits, financial compliance audits, regulatory compliance audits, general compliance audits, and fraud audits. Determine whether the contract allows the vendor to bill for the items listed on the invoice. For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of 6. We welcome non-English speakers to contact us. 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. 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. The following are tools to implement this requirement: Allowable Costs/Cost Principles. We will update the policy if/when we receive more guidance from US Treasury. In this article, we delve into two specific techniques for creating and using data visualizations, which can further aid a jurisdiction in detecting waste or fraud. ARPA Expenditure Category 2.15 and 2.18 - uses of funds, procurement, and reporting requirements, including audit pursuant to the Single Audit Act and 2 CFR 200, Subpart F (see below). Exceptions to requirements for small purchase or formal method competitive rules. Final approval for sole source procurement requests in most states resides with the Chief Procurement Official. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. Salaries and Expenses: In general, certain employees wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Data is everywhere, and every function a government performs can generate valuable data. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as contract support, materials, and supplies for a project. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information. WebThey are awarded in accordance with the following requirements: ( i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. 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? In most instances, a vendor audit is a collaborative effort between the vendor and the government entity. BenfordsLaw is a mathematical observation about the frequency distribution of the first digits within a set of naturally occurring numbers. As a result, your jurisdiction should consider using a competitive procurement process to ensure that there is open and fair competition with responsible vendors for these kinds of service contracts. x@AP,(Qm -R`PF%LGd8X1`ol: +t0@]-]~W,4
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However, there is one contract, indicated by the red circle, which hasa large number ofchange orders when compared to the length of the contract. This policy sets up procedures for making project requests, approving those requests, and documenting that approval and any required justifications and other records. 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 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. However, the audit team should be careful not to become too friendly with their auditees. The short answer is: it depends. If a recipient has a current Negotiated Indirect Costs Rate Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. These awards are as follows: 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 Data visualization and analysis can be particularly useful in identifying and preventing potential fraud, waste and abuse of public resources. As an example, we appliedBenfordsLaw to a dataset that contains the price of all items purchased by a city between 2009-2020. [26] 2 CFR 200.324-325, 2 CFR 200 Subpart E. The U.S. Department of the Treasury (Treasury). Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. 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. *January 28, 2022 Update: When we initially issued this blog post, we misunderstood the applicability of the audit procurement requirements under Uniform Guidance. Once the data has been transformed into auser-friendlyformat, it can be used in a variety of ways to assist with future procurements and other business decisions. Recently, our Chapter 30B hotline has received a number of calls asking whether Chapter 30B applies when a local jurisdiction pays for supplies or services with federal funds. We use small samples of data, as well as big data, to help with everything from researching whistleblower claims to investigating individual cases of potential fraud to analyzing statewide systemic issues. 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). Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose, unless stated otherwise by Treasury. This blog post is published and posted online by the School of Government to address issues of interest to government officials. A helpful starting point is to pull data from current and historical sources and compile it into a more data-friendly format, such as an Excel spreadsheet file. In that case, the vendor offered to provide the jurisdiction with the towing and storage services at no cost. Can the municipality clearly document and justify the reasoning to utilize an existing vendor relationship in lieu of following normal procurement and contracting processes? 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. Suggestions are presented as an open option list only when they are available. But taking the standard allowance and spending all the funds in the revenue replacement category does not convert these monies into general funds. 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. %PDF-1.6
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We will use this information to improve this page. As an example, during a roadway paving project, the invoice reviewer should confirm that the quantity and type of asphalt listed on the invoice meets the contract requirements. The data from these documents can be combined to help make decisions about the award of future contracts. However, Chapter 30B does not apply to federally funded procurements if following Chapter 30B would conflict with federal laws or regulations. This second article of the series discusses how to collect data and provides examples of how procurement officials can use the data. By now, Ohio municipalities, counties, and townships are well aware that the federal government passed significant coronavirus relief funding in the American Rescue Plan Act (ARPA). Tie grant disbursements to deliverables, milestones or other reportable actions when possible. 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. An official website of the Commonwealth of Massachusetts, This page, OIG Bulletin Articles Related to the Use of ARPA Funds, is, OIG Bulletin Articles Related to the Use of ARPA Funds. For example, the OIG asks participants in our classes to complete surveys at the end of each class. You can transform information from historical and external sources into usable data, and you can create new data. 5. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Review for overall risk mitigation, including insurance, indemnification, limitation and/or waiver of 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. The OIG is developing classes to introduce local officials to specific data analysis techniques. This outlier may warrant further investigation. Financial compliance audits examine whether the vendor is billing appropriately. Many of the UG provisions require that the local government adopt and implement policies and procedures to ensure compliance with its requirements. 128, 40064-40068. Conducting a survey can be as simple as sending out an email or using a free online survey tool. 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. Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. Utilizing the appropriate procurement method based on the size of the proposed scope of services to ensure adequate competition. In addition, the vendor did not notify the housing authority before adding the fee to the invoice. 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). SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. Please remove any contact information or personal data from your feedback. 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. 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. 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 Treasurys implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). A .mass.gov website belongs to an official government organization in Massachusetts. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. To learn more, view our full privacy policy. 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. And always carefully read all contract terms before entering into any contract, October 2018 Procurement Bulletin Article. 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 Before engaging with any vendor, do your research and review your contract closely. The best way to safeguard public funds is to dedicate personnel and time to review invoices as an important component of contract administration. Suggestions are presented as an open option list only when they are available. Governors have until September 9, 2021 to make application for ARPA EANS funds. If you need assistance, please contact the Office of the Inspector General. For more information about adopting a procurement policy for your jurisdiction, please see page 3 of the Bulletin. Are there special requirements for capital While data includes these things, data also includes things such as time sheets, bank statements, survey responses and water meter readings. The vendor claimed that the lower per-unit price was only for bulk purchases. In addition to Karas post, there is another new post on Procuring Single Audit services for ARPA funds. Historical and external data sources might not provide the complete picture for your analysis. 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 To operate the complete picture for your analysis such individuals and organizations are beneficiaries and not subject to audit to., Cost Principles for more information replacement category does not already have a written nondiscrimination policy, it adopt! Everywhere, and stored in open and machine-readable formats or labor jurisdictions should only make after. 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