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. This requirement builds on the eligible use determination. To start, here is a summary list of UG policies and their triggers. 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. If a local government does not already have a written nondiscrimination policy, it must adopt and implement one consistent with this guidance. Some of the data within your organization may already be in an analyzable format. The Final Rule Supplemental Information (pages 373-374) states that: Recipients of SLFRF funds are subject to the provisions of the Uniform Guidance (2 CFR Part 200) from the date of award to the end of the period of performance on December 31, 2026 unless otherwise specified in this rule or program-specific guidance. Some online survey tools even analyze data for you. 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. Every jurisdiction needs to review vendor payment requests to make sure they are accurate. When was the last time your client revised their procurement contracts? Procurement processes for expenditures using American Rescue Plan Act (ARPA) funds generally follow state and local rules. Yes. You must ensure that the vendors you are doing business with are legitimate and responsible. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. Direct questions related to design and construction procurement to the Attorney Generals Office. Confirm that someone from the jurisdiction has inspected the work or supplies and determined that they meet the terms of the contract. The vendor claimed that the lower per-unit price was only for bulk purchases. Contracted work, as well as the delivery of goods and services, accounts for a large portion of the Commonwealths spending. endstream endobj startxref 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. If not, many of the bid documents your jurisdiction retains can be used as data sources. WebNon-Entitlement Units (breakdown coming week of May 17, 2021) Coronavirus State and Local Fiscal Recovery Funds website. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. Specifically, Ohios political subdivisions have For this program, the city of Scranton has elected to award . The OIG is developing classes to introduce local officials to specific data analysis techniques. Please limit your input to 500 characters. Is the contract active and does it include the goods or services being sought? Please remove any contact information or personal data from your feedback. In addition to Karas post, there is another new post on Procuring Single Audit services for ARPA funds. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. Registration closes twoweeks before the class start date. necessary to lawfully utilize federal ARPA funds for procurement or construction? 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. We will use this information to improve this page. 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. 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. 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. Part 200, Subpart F. Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. Each of the considerations above, as well as operation and maintenance For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F and the Compliance Supplement are not allowable. Knapp-Sanders Building 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. Review the contract and be familiar with its terms. To facilitate grant management, jurisdictions should develop clear expectations for grant programs and include this language in grant awards. *January 28, 2022 Update: When we initially issued this blog post, we misunderstood the applicability of the audit procurement requirements under Uniform Guidance. %%EOF For example, verify the following: The items on the invoice are allowed by contract specifications and the defined scope of work. The words data and data-driven decision-making sound daunting; however, neither is something new. 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. When grouping the pricingdataby individualvendor,asshownin the chartsbelow,andrunning the same analysis, youcansee that Vendor 1 and Vendor3follow the expecteddistribution pattern. %%EOF 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. Once you have access, you can use the data to inform your decisions and manage risks. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. 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 jurisdiction placed an order with the vendor for these supplies because of the competitive low per-unit price. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Appendix 1: Allowable Use Matrix Background On March 11, 2021, the American Rescue Plan Act (ARPA) of 2021 was signed into law. T:919.600.7874. They are still federal grant funds, subject to all the award terms (be sure to read this document thoroughly) and most of the provisions of the federal Uniform Guidance (UG), which is the set of regulations that apply to the administration of federal awards. To ensure that the cost items within an eligible project are proper, a local government must adopt and implement an Allowable Costs and Cost Principles Policy. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. A lock icon or https:// means youve safely connected to the official website. Federal regulations require a local jurisdiction to apply state and local procurement laws for federally funded procurements, provided that the procurements also conform to federal law and regulations. Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Proposals must be solicited from an adequate number of qualified offerors. It will include a detailed look at the various UG provisions and sample policies. 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. Noncompetitive procurement is only allowed if certain criteria are met. of the Award Terms and Conditions. Next, your organization will need to evaluate each subrecipients risk of noncompliance based on a set of common factors. Through a vehicle towing and storage contract with a local jurisdiction, a vendor stands to generate substantial revenue by regularly towing and storing vehicles. WebGeneral Requirements for Procurement Programs . There are several techniques you could use to identify vendors to audit. Chapel Hill, NC27599-3330 To comply with this requirement, a local government must adopt and implement an Eligible Use Policy. WebThe Department of Education posted final requirements on ARPA ESSER in July 2021. A local jurisdiction recently sought guidance from the Office related to the procurement of towing and storage of motor vehicles. 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. Webprocurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. Counties with allocations under $10 million may spend their entire allocation on government services, but they may bWlLLiBg`x m 6. Establish attainable program goals and targets, and understand which expenditures are allowable under federal law. 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. Also, remember the following: 1. The 559 0 obj <> endobj 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. A few states have that power vested with the Governor, State Comptroller, Commissioner, or the Board or higher authority that oversees the procurement. Many of the UG provisions require that the local government adopt and implement policies and procedures to ensure compliance with its requirements. Therefore, support from potential stakeholders senior management, the Board of Directors, department decision-makers is important for a successful audit engagement. For example, a municipality may have an engineering and construction firm contracted to build a new community center and wants to use the same firm to perform citywide water and sewer infrastructure projects as permitted by the CLFRF. Salaries and Expenses: In general, certain employees wages, salaries, and covered benefits are an eligible use of SLFRF award funds. 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. Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. If your contract does not permit the vendor to charge a specific fee, then your jurisdiction has a basis for contesting the application of any additional fee. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. 9-10). Suggestions are presented as an open option list only when they are available. 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 use of data and data-based decision making has become increasingly important in government agencies and municipalities as a means of identifying fraud, waste or abuse of public resources. Bid manipulation can also include allowing a vendor to submit bid documents after the public deadline or disclosing offers made by one vendor to another before the bids are opened publicly. 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. February 2019 Procurement Bulletin Article. ARPA-funded projects must also adhere to North Carolina state law, Maintain open and direct communication with grantees. These are largely based on the type of contract, the goals of the audit, specific management concerns and other relevant variables. 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. See M.G.L. Remember to check debarment lists, as well as the Secretary of the Commonwealths business registration database or a local municipal clerks office to determine if a business is properly registered to conduct business within Massachusetts. Without thinking much about it, you gathered data and made a decision based on that data. Fraud audits encompass some or all of the elements of the above compliance audits, with a primary focus on the financial aspects and implications. WebThe City of Detroit Office of Contracting and Procurement (OCP) requests proposals from qualified Respondents to provide procurement supportive services including reviewing &creating scopes of work, creating bid solicitations, contract development, contract negotiations and preparation of critical See more Buyers Requirements 0 The team needs the vendors support in order to get access to records and personnel, as well as to take action on findings. (For instance, the Department of Justice (DOJ) publishes a guide to procurements using DOJ grant funds.). 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). 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. For more information about adopting a procurement policy for your jurisdiction, please see page 3 of the Bulletin. After contracting with the vendor, however, the local jurisdiction began receiving large quantities of supplies that it had not ordered. And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. Recipients should refer to the Assistance Listing for details on the specific provisions of the Uniform Guidance that do not apply to this program. Was the contract competitively procured and consistent with local procurement and contracting requirements and applicable laws? 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. After reviewing and analyzing data, managers can follow up and review more information, identify issues and resolve them. Each recipient should review program requirements, including Treasurys final rule and the recipients Award Terms and Conditions, to determine and record eligible uses of SLFRF funds. ApplyingBenfordsLaw is another way to find outliers in your data that should be flagged for further review. If a recipient seeks to use SLFRF funds to satisfy match or cost-share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost-share requirement. 1681 et seq., and the Departments implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 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. Use this button to show and access all levels. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. Two signature programs of the ARPA are the Coronavirus State Fiscal Recovery Fund (SFRF) and the Coronavirus Local Fiscal Recovery Fund (LFRF). 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. Please include this language separately in the bid solicitation. c. 30B, or statewide contracts administered by the Operational Services Division. Know the agreed-upon scope of work, including dates and locations where the vendor is required to deliver the supplies or services. 128, 40064-40068. This second article of the series discusses how to collect data and provides examples of how procurement officials can use the data. 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