Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. ) or https:// means youve safely connected to the official website. %PDF-1.6 % For example, the OIG asks participants in our classes to complete surveys at the end of each class. Jurisdictions should only make payments after reviewing all invoices and supporting documentation for accuracy and completeness. Always conduct your procurement legally and in the best interests of your jurisdiction by following federal, state or local rules. 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. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. Based on theAssistance Listing: Coronavirus State and Local Fiscal Recovery Fundsand Part 2 of theUS Treasury State and Local Fiscal Recovery Funds Compliance and Reporting Guidance(v3.0 February 2022) (Compliance Guide), the following UG provisions apply to the ARP/CSLFRF grant award: Most of these UG provisions impose process and internal control requirements, but some impose limitations on when, how, and for what purposes federal grant funds may be spent. The American Rescue Plan Act (ARPA) has brought millions in public dollars to cities, towns and other public entities to respond to the COVID-19 pandemic and its economic consequences. 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. To learn more, view our full privacy policy. 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 If a local government does not already have a written nondiscrimination policy, it must adopt and implement one consistent with this guidance. Below are some general tips to keep in mind when reviewing invoices and payment requests: What if you have questions about an invoice? 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. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. We use data every day without realizing it. This can lead to drawing incorrect conclusions about the data and documentation available. Still, working with data at all levels of government can be challenging. A lock icon or https:// means youve safely connected to the official website. Direct questions related to design and construction procurement to the Attorney Generals Office. Can the municipality clearly document and justify the reasoning to utilize an existing vendor relationship in lieu of following normal procurement and contracting processes? Recently in Massachusetts, a vendor offered a significant cost savings on supplies a local jurisdiction needed. 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. endstream endobj 166 0 obj <> endobj 167 0 obj <> endobj 168 0 obj <>stream 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. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. Identifying the key vendor personnel is also an important part of the audit. A few states have that power vested with the Governor, State Comptroller, Commissioner, or the Board or higher authority that oversees the procurement. WebThe Department of Education posted final requirements on ARPA ESSER in July 2021. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Please do not include personal or contact information. When was the last time your client revised their procurement contracts? Purchases made directly from the federal government are exempt from Chapter 30B. 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. Copyright 2009 to Present School of Government at the University of North Carolina. Incorporate by reference any federal rules that apply to the grant award. Please let us know how we can improve this page. And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. 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. The jurisdiction stopped making payments to the vendor and began to investigate whether it entered into some sort of bulk purchasing scheme. Some page levels are currently hidden. Are there existing sources for that data? 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 procurement rules not applicable to certain ARPA-funded projects Tuesday, August 30, 2022. A contracting agency is free to decide that a particular award need not be restricted to professional engineering firms. 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. Please remove any contact information or personal data from your feedback. Check to make sure that the supplies and services that the vendor provided met the contract terms and followed the defined scope of work. Specifically, Ohios political subdivisions have What is the difference between Suspension and Debarment? 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. As required under 2 CFR 200, a local governments procurement program must address the following: Full and Open 2 CFR 200.320(c). We will update the policy if/when we receive more guidance from US Treasury. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation. 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. Please do not include personal or contact information. Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. Use this button to show and access all levels. 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. Was the contract competitively procured and consistent with local procurement and contracting requirements and applicable laws? Recipients should note that NEUs and Non-UGLGs are not subrecipients under the SLFRF program. The audit team must explore and understand the vendors policies and procedures to adequately perform their assessment. After reviewing and analyzing data, managers can follow up and review more information, identify issues and resolve them. A right-to-audit clause allows a jurisdiction to request documents and engage in an active review process. (For instance, the Department of Justice (DOJ) publishes a guide to procurements using DOJ grant funds.). Come with your questions and share your experiences and insights with colleagues across the State. 200.317, 200.322, and 200.326. 11246. April 11, 2022: Basics of Implementing the Standard Allowance. 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)? With the addition of the standard allowance, authorizing many NC local governments to expend their entire ARP/CSLFRF allocation for almost any purpose authorized by state law, counties and municipalities across the state have an even greater opportunity to make the best strategic investments for their communities with these one-time funds. Request vendor timekeeping records if needed. 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. The team needs the vendors support in order to get access to records and personnel, as well as to take action on findings. 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. Equipment and Real Property Management. 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). In addition, the vendor did not notify the housing authority before adding the fee to the invoice. Consistently applied. 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. Use this button to show and access all levels. Please include this language separately in the bid solicitation. ARPA-funded projects must also adhere to North Carolina There is a visible correlation between the number of change orders and the contract length, which makes intuitive sense: generally, longer contracts have more change orders. Campus Box 3330 Sole-source contractors: is the vendor really the only company who can provide a particular good or service? 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. A .mass.gov website belongs to an official government organization in Massachusetts. February 2019 Procurement Bulletin Article. Registration closes twoweeks before the class start date. Please limit your input to 500 characters. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. For example, the city of Boston used ARPA fiscal recovery funds to award more than $3.4 million in grants to 192 local arts and cultural organizations. Recipients that receive an aggregate amount of federal financial assistance in a given fiscal year that exceeds the Single Audit threshold are subject to the requirements in 2 CFR 200 Subpart F, Audit Requirements, unless otherwise specified in program-specific guidance. c. 30B, (1)(b)(9). Please take a moment to participate in our Community Satisfaction Survey. Remember that data is a broad concept, and that analyzing the many different kinds of data your jurisdiction collects every day can enhance your decision-making processes. 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. 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). If the data is not in one of these formats, do not despair! When the jurisdiction tried to reduce the quantity of future deliveries, the vendor threatened to charge the jurisdiction a higher non-bulk rate. It is a red flag that the business may not be legitimate or well established. Is it something you can collect in the future? 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. Accurate and in the best interests of your contract administration process understand the support... 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