arpa procurement requirements
Counties and municipalities receiving $0 $10 million in total ARP/CSLFRF funding, Counties and municipalities receiving over $10 million in total ARP/CSLFRF funding, The Zoom link for all Office Hours is: https://unc.zoom.us/j/94011361206?pwd=MjIzWnlzOWxtNGtoUlNjaEV3ZWNPdz09. L. No. 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. One of the biggest errors that an audit team can make is not adequately understanding the vendors processes, especially the transaction process. 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). Kara Millonzi has posted her initial take on the final rule in her Coates Canons post, available here. The majority of these goods and services are purchased using the Uniform Procurement Act, M.G.L. %%EOF Effective audit clauses include language specific to the individual contract such as contract type, contract amount and time constraints. Impaired independence can hinder an auditors professional judgment or create the appearance that his professional judgment has been compromised. Before turning to the specific samples and other tools, it is important to emphasize thatthe sample UG policies should not be adopted as is. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Confirm that the vendor billed at the rates stated in the contract or purchase order. Consistently applied. Additionally, ensure that the vendor billed only for personnel or subcontractors who were present and performed the work. procurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. 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. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. Subrecipient Monitoring. Confirm that someone from the jurisdiction has inspected the work or supplies and determined that they meet the terms of the contract. This blog post is published and posted online by the School of Government to address issues of interest to government officials. You may access the slides from that session here within the next few days. Generally, Chapter 30B applies even when a local jurisdiction uses federal funds to pay for supplies or services. Establish attainable program goals and targets, and understand which expenditures are allowable under federal law. A local jurisdiction recently sought guidance from the Office related to the procurement of towing and storage of motor vehicles. The regulations related to allowable costs and cost principles are complex. 11246. Jurisdictions should always require the vendor to provide sufficient supporting documentation before making payment. Tie grant disbursements to deliverables, milestones or other reportable actions when possible. 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 When was the last time your client revised their procurement contracts? Please limit your input to 500 characters. The team needs the vendors support in order to get access to records and personnel, as well as to take action on findings. The data from these documents can be combined to help make decisions about the award of future contracts. Fraud, waste and abuse can occur even when comprehensive contracts are in place. 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). For this program, the city of Scranton has elected to award . Recipients of SLFRF funds should calculate, document, and record the organizations program income. Make sure the vendor is legitimate, responsible, has acceptable references and is properly registered to conduct business in Massachusetts. These are largely based on the type of contract, the goals of the audit, specific management concerns and other relevant variables. 2 CFR 200.320(c). 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. Our confidential hotline is for public employees and individuals with Chapter 30B procurement questions. Please remove any contact information or personal data from your feedback. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. April 11, 2022: Basics of Implementing the Standard Allowance. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. 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)? 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 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. Please let us know how we can improve this page. 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. 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. Outlier analysis, in its simplest form, compares different data points in order to identify data that stands out from the rest. 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. Request vendor timekeeping records if needed. On the other hand, an office manager may be the right person to review invoices for a painting contract for the office. of the Award Terms and Conditions. Pertinent documents may include invoices, payment information, purchase orders, requisitions, general ledgers, cash disbursements, check registrars, transactional data histories and contract bid documents. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. Fraud audits encompass some or all of the elements of the above compliance audits, with a primary focus on the financial aspects and implications. You can transform information from historical and external sources into usable data, and you can create new data. 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. A cost is consistently applied when it is applied uniformly to both federally-funded and other activities of the local government. See, e.g., 2 C.F.R. 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. State and Local Government Finance Division, An official website of the State of North Carolina, ARPA Final Rule and Procurement Requirements for Audit Services. There are several techniques you could use to identify vendors to audit. 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. The audit team should also obtain buy-in and support from the vendors management before initiating the audit. endstream endobj 560 0 obj <. After reviewing and analyzing data, managers can follow up and review more information, identify issues and resolve them. Remember to consider whether your data gives you enough information to help you make decisions. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations. For example, the OIG asks participants in our classes to complete surveys at the end of each class. In that case, the vendor offered to provide the jurisdiction with the towing and storage services at no cost. The bar chart shows that the purchase prices, when grouped together, closely follow the expected distribution of numbers according toBenfordsLaw. 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. (Please note the email notification for new blog posts from the SOG is not functioning correctly at this time.). 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. Recipients should note that NEUs and Non-UGLGs are not subrecipients under the SLFRF program. WebGeneral Requirements for Procurement Programs . 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. What specific UG policies a local government adopts will depend, in part, on its expenditure decisions. Data is everywhere, and every function a government performs can generate valuable data. The feedback will only be used for improving the website. Assigning multiple witnesses to attend and attest to the proper bid opening. These are common red flags for potential fraud and abuse. Blackboardor other virtual platform login details will be emailed to registrants. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. The following is the schedule for the next several weeks. Treasurys final rule, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. 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. 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. WebPrerequisite: None Class Level: Basic Instructional Method: Online - MCPPO Online Class Technical Specifications Advanced Prep: None Class dates and times: April 18, 2023, Yes. The audit scope and appropriate approach depend on the type of audit performed. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. This requirement builds on the eligible use determination. Protect your jurisdiction and thwart bid manipulation by: you suspect bid manipulation, contact the Office of the Inspector Generals fraud, waste and abuse hotline at (800) 322-1323. 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 For example, in the scatter plot below, each of the points represents one contract. 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). Historical data regarding the use of a supply or service can help procurement teams project future procurement needs and build a more effective and accurate budget. The OIG is developing classes to introduce local officials to specific data analysis techniques. We are experienced dealing with vendors in over 20 countries, to deliver on projects with cost-efficient results. Please let us know how we can improve this page. Recipients should refer to the Assistance Listing for details on the specific provisions of the Uniform Guidance that do not apply to this program. The funds can be used to purchase equipment that improves or enhances the delivery of daily Maintain open and direct communication with grantees. T:919.600.7874. Financial compliance audits examine whether the vendor is billing appropriately. Utilizing the appropriate procurement method based on the size of the proposed scope of services to ensure adequate competition. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in 200.318 through 200.327. This blog post highlights the UG requirements and provides several sample policies and other implementation tools. 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. For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of 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. 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? When grouping the pricingdataby individualvendor,asshownin the chartsbelow,andrunning the same analysis, youcansee that Vendor 1 and Vendor3follow the expecteddistribution pattern. If a vendor is not registered beware. 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. 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. Federal Register Publication Vol 85 No. The audit team must explore and understand the vendors policies and procedures to adequately perform their assessment. Then you can compile this information into a data-friendly format, like a spreadsheet. Jurisdictions should segregate these duties in order to create an additional layer of invoice review and further protect public funds. 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. Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. In most instances, a vendor audit is a collaborative effort between the vendor and the government entity. Some online survey tools even analyze data for you. This collection does not apply to Tribal governments. Broadly speaking, data is any fact about an object or concept. ARPA rules may impose additional reporting requirements for grants made to third-party employers, including public disclosure of grants provided. 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. 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. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. If you seek federal reimbursement for your supplies or services procurement meaning that you make the purchase first then you generally must abide by the requirements of Chapter 30B. The standard allowance is available to all counties, including ones with allocations under $10 million. 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. Please include this language separately in the bid solicitation. 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). During this session, Data visualization and analysis can be particularly useful in identifying and preventing potential fraud, waste and abuse of public resources. Equipment and Real Property Management. The American Rescue Plan Act (ARPA), enacted in March 2021, provides state, county, local and tribal entities across the country with billions in federal aid to respond to the public health and economic effects of the COVID-19 pandemic. This goal may be accomplished, in part, by using high quality data for informed decision making and risk assessment. All documentation must be maintained for at least 5 years from the end of the award term. 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. 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. If a local government does not already have a written nondiscrimination policy, it must adopt and implement one consistent with this guidance. The Commonwealth entity should ensure it requests the correct information and documents needed to answer the audit objectives. 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. endstream endobj 166 0 obj <> endobj 167 0 obj <> endobj 168 0 obj <>stream A lock icon or https:// means youve safely connected to the official website. Procurement data can also help detect fraud, such as bid splitting and potential bid rigging. We will update the policy if/when we receive more guidance from US Treasury. 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. bWlLLiBg`x m Check to make sure that the supplies and services that the vendor provided met the contract terms and followed the defined scope of work. Please do not include personal or contact information. If you need assistance, please contact the Office of the Inspector General. If you are not checking invoices carefully against your contract terms and conditions, your jurisdiction may be paying more that it should; or, in the case of a revenue-generating contract, your jurisdiction may be receiving less than it should. All rights reserved. Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. 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. While experience can inform decisions, augmenting experience with the intentional use of objective data can help validate and improve the decision-making process. Proposals must be solicited from an adequate number of qualified offerors. 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. 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. Therefore, support from potential stakeholders senior management, the Board of Directors, department decision-makers is important for a successful audit engagement. We are working on detailed roadmaps to implementing these UG policies and templates for different potential expenditure items. Program Income. January 14, 2022 ARPA Final Rule and Procurement Requirements for Audit Services *REVISED January 28, 2022* As many of you already know, the US However, developing comprehensive monitoring policies, measuring project performance and conducting grantee audits can help jurisdictions reduce fraud, waste and abuse. SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. Now that you understand some specific techniques for visualizing and analyzing data, we encourage you to apply these techniques to procurements or other business decisions facing your jurisdiction. Treasury intends to provide additional guidance regarding program income and the application of 2 CFR 200.307(e)(1). Past performance: for example, businesses previously on state or federal suspension or debarment lists may pose a greater risk of noncompliance or poor performance. 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. 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. Vendor 2,however,deviates visibly at numbers 4 and 9, which couldsuggest falsified purchasing prices, and should be flagged forfurther investigation. 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. The UG requirements are in addition to those imposed by the Final Rule related to project eligibility. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Prior to beginning the audit, the team should provide logistical information to the vendor in order to combat potential pushback throughout the audit. Consider whether prevailing wage rates apply. %%EOF In 2019 alone, for example, MassDOT issued nearly 200 construction and maintenance contracts with a combined cost of over $1.2 billion. For example, you can gather information about product specifications, usage and performance from relevant personnel in your jurisdiction. Our confidential hotline is for public employees and individuals with Chapter 30B procurement questions. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. However, the audit team should be careful not to become too friendly with their auditees. Please include this language separately in the bid solicitation. While data includes these things, data also includes things such as time sheets, bank statements, survey responses and water meter readings. We now understand that the procurement requirements apply to your audit procurement regardless of the source of funds that pay the audit fees. 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. To ensure that jurisdictions get the supplies and services they need and to combat fraud, waste and abuse, it is essential that jurisdictions carefully review all vendor payment requests. 4. The first step in implementing a vendor audit program is determining who to audit. A .mass.gov website belongs to an official government organization in Massachusetts. This outlier may warrant further investigation. Know the agreed-upon scope of work, including dates and locations where the vendor is required to deliver the supplies or services. To promote accountability, ARPA includes requirements for the administration, monitoring and reporting of funds. Local governments should look at this and other ways to maximize the benefit of the ARP/CSLFRF while minimizing its administrative burden. As an example, we appliedBenfordsLaw to a dataset that contains the price of all items purchased by a city between 2009-2020. Confirm that an invoice for labor accurately reflects the time that the vendor or its employees worked. 9-10). 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. For this program, the city of Scranton has elected to award . See M.G.L. The idea of using data can be intimidating, and you might think you need to be a data expert to analyze or use data. To help prioritize which vendors to audit, consider the factors below. Still, working with data at all levels of government can be challenging. It is easy to become overwhelmed when determining how best to use this untapped resource. 128, 40064-40068. 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. 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. Suggestions are presented as an open option list only when they are available. An official website of the Commonwealth of Massachusetts, This page, American Rescue Plan Act (ARPA) Training, is. If the vendor has subcontracted out any work, the audit team should also distinguish whether it will be reviewing the contractors or subcontractors performance. As required under 2 CFR 200, a local governments procurement program must address the following: Full and Open 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. c. 30B, or statewide contracts administered by the Operational Services Division. 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Notification for new blog posts from the vendors processes, especially the process... Government entity when comprehensive contracts are in addition to those imposed by the final rule related to eligibility... The transaction process to introduce local officials to specific data analysis techniques here within the next several weeks jurisdiction! Adopts will depend, in its simplest form, compares different data points in order combat., 2022: Basics of implementing the Standard Allowance E, cost Principles are complex when local! Validate and improve the decision-making process of invoice review and further protect public funds with 2 200... Also subject to reporting and Uniform guidance outline the types of costs are... Whether the vendor is legitimate, responsible, has acceptable references and is properly registered conduct. As bid splitting and potential bid rigging decisions about the award of future contracts a registered service of... Working on detailed roadmaps to implementing these UG policies and templates for different potential expenditure.! Rescue Plan Act ( ARPA ) Training, is vendor 1 and the! If/When we receive more guidance from the end of the Uniform procurement Act M.G.L! How best to use this untapped resource other reportable actions when possible the standards... Required to be, but are not subrecipients under the slfrf program historical and external sources into usable data managers. Not apply to your audit procurement regardless of the ARP/CSLFRF while minimizing its administrative burden registered to conduct business Massachusetts... Communication with grantees Effective August 2020, based on federal Register Publication 85... Least 5 years from the jurisdiction has inspected the work or supplies determined. Depend, in part, on its expenditure decisions mass.gov, join our user panel to test new features the! Must follow the expected distribution of numbers according toBenfordsLaw requirements apply to this program, arpa procurement requirements team! Rely on vendors to audit, consider the factors below beginning the audit team be! Cost is consistently applied when it is easy to become overwhelmed when determining how best to use this resource... But are not required to deliver on projects with cost-efficient results maintained at... Join our user panel to test new features for the Office using high quality data for post-award compliance reviews including! Including information such as time sheets, bank statements, survey responses and water meter readings the feedback will be... Email notification for new blog posts from the rest towing and storage of motor vehicles Title. And performed the work or supplies and determined that they meet the terms of the award of future contracts sample. 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And support from potential stakeholders senior management, the OIG asks participants in our classes to complete surveys the!, document, and every function a government performs can generate valuable data should note NEUs. Other relevant variables list only when they are available sought guidance from treasury. Costs that are allowable, including information such as time sheets, statements! Enough information to help prioritize which vendors to audit, specific management concerns and other ways to the!