arpa procurement requirements

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. Vendors may charge fees and raise prices over the course of a contract, only if the contract allows for the same. Department Directory | Privacy Policy | SiteMap | 2023 City of Providence. For example, you can gather information about product specifications, usage and performance from relevant personnel in your jurisdiction. After the official bid opening requiring a review of the bid submittals and verification of the bid results by a party not involved in the bid process. 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 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. 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. When evaluating vendor invoices, jurisdictions may determine that some expenses require further review. Confirm that someone from the jurisdiction has inspected the work or supplies and determined that they meet the terms of the contract. 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. Copyright 2009 to Present School of Government at the University of North Carolina. What is the difference between Suspension and Debarment? This helps maintain the integrity of the payment process. Is it something you can collect in the future? c. 30B, 1(d). Some information may be in spreadsheets or in existing databases or electronic systems. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in 200.318 through 200.327. Recipients should note that NEUs and Non-UGLGs are not subrecipients under the SLFRF program. 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. You may access the slides from that session here within the next few days. Thank you for your website feedback! (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. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects. However, jurisdictions can take actions to ensure that grantees use ARPA funds in accordance with grant agreements. Noncompetitive procurement is only allowed if certain criteria are met. 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. Financial compliance audits examine whether the vendor is billing appropriately. 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. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. For example, you can analyze vendor performance using vendor quotations, proposal evaluations and past invoices. The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information. Without thinking much about it, you gathered data and made a decision based on that data. 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. Please take a moment to participate in our Community Satisfaction Survey. %PDF-1.6 % endstream endobj startxref This page is located more than 3 levels deep within a topic. The Office of the Inspector General (OIG) is committed to making government work better by preventing and detecting fraud, waste and abuse of public funds and resources. Bid manipulation undermines fair competition, can cost your jurisdiction money and, in many instances, is illegal. Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs as long as they are accorded consistent treatment per 2 CFR 200.403. Include a right-to-audit clause in grant agreements. 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. [22] Per 2 CFR 200.319, procurement under Federal Awards must be conducted in a manner providing full and open competition failing to meet this requirement could jeopardize federal funding and result in clawbacks. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. Salaries and Expenses: In general, certain employees wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Use this button to show and access all levels. Are there special requirements for capital 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. Identify conflicts of interest, fraudulent activities or other wrongdoing. Fraud, waste and abuse can occur even when comprehensive contracts are in place. The following bar chart, which can be made using Excel, shows the distribution of the first digit of the purchase price for each item in the dataset, with all vendors grouped together. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration of Federal awards, application of sound management practices, and administration of Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Including appropriate federal requirements or language in the executed contract, including bonding provisions, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Properly documented. Ensure the agency received all of the purchased goods and services. A .mass.gov website belongs to an official government organization in Massachusetts. 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. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. Secure websites use HTTPS certificates. As indicated above, there may be ways to strategically spend the ARP/CSLFRF to minimize (but not eliminate) a local governments UG burden. A staff member who verifies the delivery of supplies or services should not also be the person responsible for issuing payment. For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of Mayor Smiley wants to hear from you! For that reason it is not included in the Drop-in document. ARPA-funded projects must also adhere to North Carolina state law, Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as contract support, materials, and supplies for a project. Now is the time for school districts and municipalities across the Commonwealth to develop bid documents that are tailored to address the additional compliance requirements [3] Treasury reminds that recipients and subrecipients of this funding are required to have documented processes and procedures governing procurement and contracting under this award.[4]. If a local government received less than $10 million in CSLFRF funds, it may take the Process compliance audits evaluate whether the vendor is doing what it was hired to do. A local jurisdiction recently sought guidance from the Office related to the procurement of towing and storage of motor vehicles. Taking incremental steps and continually finding areas for improvement will create a robust data program and help you make informed, data-driven decisions. Make sure the vendor is legitimate, responsible, has acceptable references and is properly registered to conduct business in Massachusetts. Historical and external data sources might not provide the complete picture for your analysis. Generally, program income includes, but is not limited to, income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, and principal and interest on loans made with Federal award funds. 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. c. 30B, (1)(b)(9). 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 Maintaining clear policies governing conflicts of interest for 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. The particular industry, the types of goods or services involved, the size and complexity of the contract, and the applicable regulatory requirements are just a few factors that can increase an organizations risk of fraud, waste and abuse. If you are used to having a financial statement audit, a single audit can be much more comprehensive. Please let us know if you have any questions! 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. Proposals must be solicited from an adequate number of qualified offerors. 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. 200.319-320 (describing the competitive processes required for procurements made with federal funds). Webprocurement can be used. ) or https:// means youve safely connected to the official website. This Job Opportunity Announcement may be used to fill other Management & Program Analyst (Talent Management Specialist) GS-0343-11/12 FPL: 12 positions within the Economic Share sensitive information only on official, secure websites. Including right-to-audit clauses in vendor contracts and then performing effective audits can help reduce these risks. 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. When grouping the pricingdataby individualvendor,asshownin the chartsbelow,andrunning the same analysis, youcansee that Vendor 1 and Vendor3follow the expecteddistribution pattern. WebAll solicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. The vendor satisfied all contractual obligations, including meeting all milestones or providing all required deliverables. 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. The August 2020 installment of our data series discussed how to collect data and provided examples of how municipal employees can use that data to identify waste and possible fraud. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. 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. Massachusetts Executive Order 195 outlines audit and oversight requirements related to vendor contracts. Through a vehicle towing and storage contract with a local jurisdiction, a vendor stands to generate substantial revenue by regularly towing and storing vehicles. Capital Funds Project website. Some online survey tools even analyze data for you. For supply contracts, for example, jurisdictions should verify that the vendor delivered the correct items in good condition and in the correct quantities. 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. Counties with allocations under $10 million may spend their entire allocation on government services, but they may Before engaging with any vendor, do your research and review your contract closely. 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.. Civil Rights Compliance. For this program, the city of Scranton has elected to award . Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. [1] Department of Treasury, Coronavirus State and Local Fiscal Recovery Funds: Guidance on Recipient Compliance and Reporting Responsibilities, at 8, available at: https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf. For example, in the scatter plot below, each of the points represents one contract. Review for compliance with federal procurement law requirements. This makes bid manipulation more difficult. This can lead to drawing incorrect conclusions about the data and documentation available. 2 CFR 200.317 - 2 CFR 200.327. A good way to start is by identifying data that would help you do your job. American Rescue Plan Act of 2021: Sample Uniform Guidance Policies and Implementation Tools, -Boards of Mental Health, Developmental Disabilities, & Substance Abuse, -Affordable Housing & Minimum Housing Codes, -Professional Responsibility for Government Attorneys, Purchasing, Construction, Property Transactions, -Purchasing / Purchase Contracts / Purchase Orders, Assistance Listing: Coronavirus State and Local Fiscal Recovery Funds, US Treasury State and Local Fiscal Recovery Funds Compliance and Reporting Guidance, Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards, Subpart D, Post Federal; Award Requirements, Project and Expenditure Report Tracking Template, Blog post explaining allowable cost and cost principles, Sample Allowable Cost and Cost Principles Policy, Sample Employee Effort Certification Form for 100% Covered Employees, Sample Employee Effort Certification Form for Less Than 100% Covered Employees, as outlined in paragraph 4.c. 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