arpa procurement requirements
Copyright 2009 to Present School of Government at the University of North Carolina. WebA nonfederal entity with federal expenditures in excess of $750,000 is required by law to have a single audit completed. Still, working with data at all levels of government can be challenging. External sources are another area from which data can be gathered and used in an analysis. Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. With more complete information, local government officials are now looking to finalize (at least some) expenditure decisions. Publishing and documenting clear standards in procurement solicitations and evaluation criteria on how a municipality will determine a responsive and responsible. Municipalities should ensure that factors that may be overly restrictive to free and open competition are not included, such as placing unreasonable requirements on vendors to qualify or establishing any steps in the procurement process that are arbitrary or irrelevant to the award of contracts necessary and reasonable for the implementation of the use of funds under this award. A local jurisdiction recently sought guidance from the Office related to the procurement of towing and storage of motor vehicles. Auditors should also be on alert for process owners who explain steps as they should be, or who respond using words such as usually, most of the time, supposed to or we try to. Commonwealth auditors should be cautious of auditees who are overly inquisitive and interested in what the audit team is looking for or why the vendor was selected for the audit. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Jurisdictions should always require the vendor to provide sufficient supporting documentation before making payment. Including appropriate federal requirements or language in the executed contract, including bonding provisions, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Recipients should refer to the Assistance Listing for details on the specific provisions of the Uniform Guidance that do not apply to this program. If a local government partners with another government, nonprofit, or other private entity to carry out an ARP/CSLFRF award project, it must follow the subaward process. For example, you can analyze vendor performance using vendor quotations, proposal evaluations and past invoices. Yes. Please limit your input to 500 characters. Please let us know if you have any questions! Remember to consider whether your data gives you enough information to help you make decisions. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. ) or https:// means youve safely connected to the official website. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate 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). In the February 2020 issue of the OIG Bulletin, we published the first in a series of articles to help demystify data analytics. 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. Treasury intends to provide additional guidance regarding program income and the application of 2 CFR 200.307(e)(1). 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. Treasury may request transfer of records of long-term value at the end of such period. Top-requested sites to log in to services provided by the state. (A) statutory restrictions under the ARPA, which include: offsetting a reduction in net tax revenue, and deposits into pension funds, and (B) other restrictions on use, which include: debt service and replenishing reserves, settlements and judgments, and general restrictions. (See Final Rule pp. 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. As part of this information-gathering process, team members should strive to interview as many vendor employees as possible to corroborate their evidence and ensure the team has a complete understanding of the vendors current state. This blog post is for educational and informational use and may be used for those purposes without permission by providing acknowledgment of its source. In addition, the vendor did not notify the housing authority before adding the fee to the invoice. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Confirm that the vendor billed at the rates stated in the contract or purchase order. 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. Federal procurement rules not applicable to certain ARPA-funded projects Tuesday, August 30, 2022. The state agency or municipality should first identify the goal of the audit, which will determine the type of audit to perform. Review the contract and be familiar with its terms. Is it something you can collect in the future? By applying Chapter 30B to the procurement of services that are otherwise exempt, you help ensure that your jurisdiction obtains services from responsible and responsive vendors at the best price or best value for your residents, even when your jurisdiction is not paying the vendor directly. See 2 C.F.R. 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. 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. Jurisdictions should segregate these duties in order to create an additional layer of invoice review and further protect public funds. c. 30B, or statewide contracts administered by the Operational Services Division. Fraud, waste and abuse can occur even when comprehensive contracts are in place. 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 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. WebARPA Policy and Procedures Manual. The question, therefore, is whether the project is for a public building or public work, not who is performing the work. c. 30B, 1(d). Because ARP/CSLFRF in the revenue replacement category may be spent on any government service authorized under state law (assuming allowable cost items), a local government may use ARP/CSLFRF to supplant employees salaries and benefits during the award term, thus freeing up general fund or enterprise fund monies to be spent on more complex capital projects or programs. 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? Mass.gov is a registered service mark of the Commonwealth of Massachusetts. That policy will accomplish three different goals: (1) General review that a cost item is reasonable, allowable, allocable, consistently treated, and properly documented; (2) Identification of cost item as direct or indirect; and (3) Specific review of certain identified cost items, for special treatment, justification, and/or documentation. ) or https:// means youve safely connected to the official website. Come with your questions and share your experiences and insights with colleagues across the State. For supply contracts, for example, jurisdictions should verify that the vendor delivered the correct items in good condition and in the correct quantities. 5. Secure websites use HTTPS certificates. Incorporate by Two significant areas that did not change are the applicability of Uniform Grant Guidance to ARPA funds and the federal audit requirements over these funds. If the vendor has subcontracted out any work, the audit team should also distinguish whether it will be reviewing the contractors or subcontractors performance. See M.G.L. There may be an acceptable explanation for the high number of change orders for that particular contract, but only further review can determine whether the change orders are reasonable. Determine if billings are accurate and in compliance with contract terms. For example, when reviewing payroll records, you notice that one employee reports working more hours than personnel have access to the building. We will update the policy if/when we receive more guidance from US Treasury. 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 smallest incongruity could lead to the discovery of a large fraud. Written procedures that do not meet UG standards must be revised to include these The four primary reasons to conduct audits of vendors and supplies are to: To set expectations from the outset and to ensure that your jurisdiction has a right to audit include a right-to-audit provision in contracts. For example, verify the following: The items on the invoice are allowed by contract specifications and the defined scope of work. ARPA rules may impose additional reporting requirements for grants made to third-party employers, including public disclosure of grants provided. 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. 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. A good way to start is by identifying data that would help you do your job. 200.317-318. Thank you for your website feedback! 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. Procurement data can also help detect fraud, such as bid splitting and potential bid rigging. The results of the survey can be transferred to a spreadsheet. Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. 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. The public expects that the local jurisdiction protected their interests, including ensuring that the vendor is qualified and that the towing charges are reasonable; and vendors expect open and fair competitive processes when a local jurisdiction contracts for a service that it needs. Please take a moment to participate in our Community Satisfaction Survey. 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. The policy should be drafted with Chapter 30B principles in mind and should ensure that you allow for an open, fair and competitive process. UNC Chapel Hill MOUs and MOAs should still include the required contract provisions,[24] monitoring and oversight requirements,[25] and cost principles[26] as identified by federal or local requirements, though they likely will not follow the same procurement process. Right-to-audit clauses should be specific, yet not overly restrictive, to allow the procuring entity the ability to interview key vendor personnel and review applicable documentation and records. People often make business decisions based on intuition, anecdotes or institutional lore. 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. It will include a detailed look at the various UG provisions and sample policies. Use this button to show and access all levels. For this program, the city of Scranton has elected to award . 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. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. (For instance, the Department of Justice (DOJ) publishes a guide to procurements using DOJ grant funds.). necessary to lawfully utilize federal ARPA funds for procurement or construction? 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. 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. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. hbbd```b``+d9dUH&)0yD`5~.X&Xd-X6^fH-@@~ Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation. Identify and understand the intended uses of the funds in the grant award agreement. The feedback will only be used for improving the website. Nevertheless, the vendor generated substantial revenue from the contract because drivers had to pay the vendor for towing and storage charges. Without thinking much about it, you gathered data and made a decision based on that data. As indicated above, there may be ways to strategically spend the ARP/CSLFRF to minimize (but not eliminate) a local governments UG burden. Ensuring that submitted bids are sealed and secured physically or digitally until the bid opening. [2] 2 CFR 200.317-327, available at https://www.govregs.com/regulations/title2_chapterII_part200. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. Mayor Smiley wants to hear from you! WebDepending on the site host organizations procurement requirements, a formal solicitation process may be needed to purchase and install charging infrastructure. 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. To learn more, view our full privacy policy. Outlier analysis, in its simplest form, compares different data points in order to identify data that stands out from the rest. WebProcurement Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at . Prior to beginning the audit, the team should provide logistical information to the vendor in order to combat potential pushback throughout the audit. The record retention requirements for ARP/CSLFRF-related records are more stringent than those imposed under State law. Track and maintain records of all grant-related documents, including communications, receipts and invoices. bWlLLiBg`x m Allowable Activities. If you determine a need for data that does notal readyexist, you can also create data. Equipment and Real Property Management. Top-requested sites to log in to services provided by the state. 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. hbbd```b`` DHl"Yn H2|+H3$00M 2@ o. 11246. Please limit your input to 500 characters. Surveys are a helpful way to do this. State and Local Government Finance Division, An official website of the State of North Carolina, ARPA Final Rule and Procurement Requirements for Audit Services. 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. Generally, Chapter 30B applies even when a local jurisdiction uses federal funds to pay for supplies or services. 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 following are sample policies and other implementation tools for many of these award terms and UG requirements. 4. Please do not include personal or contact information. A right-to-audit clause allows a jurisdiction to request documents and engage in an active review process. However, the audit team should be careful not to become too friendly with their auditees. two (2) subrecipients to carry these programs. The audit team must explore and understand the vendors policies and procedures to adequately perform their assessment. Some of the data within your organization may already be in an analyzable format. The course will have three parts, including brief overview videos, a 1-day live (Zoom) workshop, and extended daily Zoom Help Desk Office Hours the last two weeks of April (to help with implementation issues and completion of the Project & Expenditure report due by April 30). 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. Webprocurement can be used. This goal may be accomplished, in part, by using high quality data for informed decision making and risk assessment. The Office of Management and Budget recently published guidance on how auditors should conduct Single Audits for ARPA Recovery Fund investments and the Emergency Rental Assistance Program County auditors should consult OMBs Compliance Supplement when constructing Single Audits for county investments of federal funds. 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. c. 30B, (1)(b)(9). To help prioritize which vendors to audit, consider the factors below. Volume of transactions or business: the volume of transactions or contracts alters the risk the government assumes in doing business with the vendor. 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. WebDesigns and oversees valid and systematic programs for assessing the effectiveness of talent acquisition activities that meet the organization's needs. 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. 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. 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 American Rescue Plan will deliver $350 billion for eligible state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs.. 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. Payment reviews are a key part of contract administration, and insufficient reviews leave your jurisdiction vulnerable to improper or questionable payments to vendors. hb```nB eaXT00.I T~hHZIs).oIuhJOJ-= 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. WebWhen it comes to using ARPA funds, there are layers of rules towns have to follow (the U.S. Treasury says so right here on page 8): - Local procurement rules - New York State 0 January 14, 2022 ARPA Final Rule and Procurement Requirements for Audit Services *REVISED January 28, 2022* As many of you already know, the US The following is a sample policy: Recordkeeping Requirements. For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Confirm that an invoice for labor accurately reflects the time that the vendor or its employees worked. 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 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). Procurement processes for expenditures using American Rescue Plan Act (ARPA) funds generally follow state and local rules. Additionally, establishing and maintaining open communication with grantees regarding grant requirements and expectations will help lead to successful project completion. 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. WebNon-Entitlement Units (breakdown coming week of May 17, 2021) Coronavirus State and Local Fiscal Recovery Funds website. Establish attainable program goals and targets, and understand which expenditures are allowable under federal law. 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). Some online survey tools even analyze data for you. 2000d-1 et seq., and the Departments implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. The Assistance Listing is available on SAM.gov. MOUs and MOAs should still include the required contract provisions, https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf, https://www.govregs.com/regulations/title2_chapterII_part200. The American Rescue Plan Act (ARPA) is the third round of Coronavirus economic impact payments. If you are used to having a financial statement audit, a single audit can be much more comprehensive. ARPA REQUIREMENTS TO BE INCLUDED IN WebTo promote appropriate and effective use of ARPA funds, jurisdictions should: Identify and understand the intended uses of the funds in the grant award agreement. Properly documented. As part of those procedures, a local government should identify the core team who will perform the review processes and implement necessary controls. Exceptions to requirements for small purchase or formal method competitive rules. The ARPA program requires recipients to comply with the procurement provisions of Title 2, Part 200 of the Code of Federal A .mass.gov website belongs to an official government organization in Massachusetts. Please let us know how we can improve this page. Consistently applied. 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. 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. Identify conflicts of interest, fraudulent activities or other wrongdoing. 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. 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 OIG is developing classes to introduce local officials to specific data analysis techniques. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. You must ensure that the vendors you are doing business with are legitimate and responsible. 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. 128, 40064-40068. Campus Box 3330 Share sensitive information only on official, secure websites. Are there special requirements for capital Direct questions related to design and construction procurement to the Attorney Generals Office. If so, are there differences between the local and federal requirements that may be in conflict? 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. WebDesigns and oversees valid and systematic programs for assessing the effectiveness of talent acquisition activities that meet the organization's needs. Oig Bulletin, we have learned through experience that a wide range of staff with varied backgrounds use. Are accurate and in compliance with contract terms the fee to the discovery of a fraud. And understand which expenditures are allowable under federal Awards articles to help you your! Experience that a wide range of staff with varied backgrounds can use data effectively further protect public.. Question, therefore, is whether the project is for a public building or public work, not who performing! Make business decisions based on intuition, anecdotes or institutional lore people often make business decisions based on intuition anecdotes... Value at the end of such period button to show and access all levels assumes in business! Smallest incongruity could lead to the procurement of towing and storage of motor vehicles type. Box 3330 share sensitive information only on official, secure websites or should... 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Contract, including communications, receipts and invoices to lawfully utilize federal ARPA funds for procurement or?! To beginning the audit, consider the factors below contract and be familiar with its terms differences. Authority before adding the fee to the procurement of towing and storage of motor vehicles treasury may request of. Expenditures using American Rescue Plan Act ( ARPA ) is the third round of Coronavirus economic impact payments additional... Than personnel have access to the building required by law to have a single completed. Determine if billings are accurate and in compliance with contract terms are area! And understand the intended uses of the audit team must explore and understand the vendors you doing... Information only on official, secure websites or construction at least some ) expenditure.! Using vendor quotations, proposal evaluations and past invoices activities that meet the organization 's needs is educational! Design and construction procurement to the Attorney Generals Office payments to vendors assessing. With varied backgrounds can use data effectively, when reviewing payroll records, you that! And secured physically or digitally until the bid opening the question, therefore, is whether the project is educational!
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