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. All public organizations rely on vendors to provide the supplies and services needed to operate effectively and efficiently. Is it something you can collect in the future? While a right-to-audit clause gives the team the contractual authority to conduct the audit, getting buy-in from management will help make the audit more efficient and effective. Through a vehicle towing and storage contract with a local jurisdiction, a vendor stands to generate substantial revenue by regularly towing and storing vehicles. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for building trust and accountability. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. Request vendor timekeeping records if needed. Share sensitive information only on official, secure websites. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Capital Funds Project website. You skipped the table of contents section. The jurisdiction placed an order with the vendor for these supplies because of the competitive low per-unit price. 9-10). Consistently applied. Weve never been audited, so there are no benchmarks to assess our performance., Our regular business hours are third shift., We cannot remove documents from our office., Cross-charging multiple clients or departments for their staffs work, Improper employee classification e.g., junior staff hours billed at a supervisors hourly rate, Overlapping time vendor creates two or more timesheets for the employee for the same day, Schedule manipulation vendor routinely postpones or schedules jobs with higher overtime rates toward the end of the week, Over-purchasing materials for personal use, Product substitution - substituting lower-quality products for those agreed upon in the contract, Failure to apply discounts, refunds and rebates, Billing materials to one project but using for another project, Intentionally applying rates from one contract to another, Billing time and equipment rates in lump-sum, unit or fixed-price contracts. 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. %PDF-1.6 % Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. Your organization must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (GAO), Treasurys Office of Inspector General (OIG), and their authorized representative in order to conduct audits or other investigations. 0 Including right-to-audit clauses in vendor contracts and then performing effective audits can help reduce these risks. ARPA REQUIREMENTS TO BE INCLUDED IN 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 This requirement builds on the eligible use determination. c. 30B, (1)(b)(9). Ensure compliance with policies, procedures, rules, regulations and legal requirements. Some of the data within your organization may already be in an analyzable format. Boilerplate audit clauses may inadvertently restrict the coverage of an audit or use vague terms that each party interprets differently, leading to disputes. Use this button to show and access all levels. Please include this language separately in the bid solicitation. WebARPA Policy and Procedures Manual. Jurisdictions should always require the vendor to provide sufficient supporting documentation before making payment. 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. When was the last time your client revised their procurement contracts? You can access that post here. 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.[3] If you are used to having a financial statement audit, a single audit can be much more comprehensive. Civil Rights Compliance. Typical cost items include compensation and fringe benefits, materials and supplies, equipment and other capital, consultants/professional services, audits, communications, insurance, maintenance and repair, and rental costs. For example, you can gather information about product specifications, usage and performance from relevant personnel in your jurisdiction. 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). 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. As a result, that staff member should be able to determine if the invoice accurately reflects the contractors work. October 2015 Procurement Bulletin Article. Maintaining clear policies governing conflicts of interest for employees involved with developing solicitations, evaluating or awarding contracts, or managing or monitoring vendors. 179 0 obj <>/Filter/FlateDecode/ID[<598620AB2247954EBE922AD03988F6D9>]/Index[165 31]/Info 164 0 R/Length 86/Prev 341858/Root 166 0 R/Size 196/Type/XRef/W[1 3 1]>>stream 0 12. Incorporate by reference any federal rules that apply to the grant award. The question, therefore, is whether the project is for a public building or public work, not who is performing the work. 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. See M.G.L. Volume of transactions or business: the volume of transactions or contracts alters the risk the government assumes in doing business with the vendor. For example, the OIG asks participants in our classes to complete surveys at the end of each class. 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 [email protected]; telephone 919.966.4119; or fax 919.962.2707. 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 April 11, 2022: Basics of Implementing the Standard Allowance. 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. ) or https:// means youve safely connected to the official website. We also are grateful for a group of dedicated county attorneys, including Bob Shaver, Glynn Rollins, Anne Marie Tosco, Aimee Scotton, and Russ Burrell, who provided helpful feedback on the draft policies. Purchases made from a vendor pursuant to a General Services Administration federal supply schedule, available for use by governmental bodies, comply with the requirements of Chapter 30B. Suspicious invoices: even or round invoice amounts, as well as non-sequential invoices, are red flags. 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. Additionally, establishing and maintaining open communication with grantees regarding grant requirements and expectations will help lead to successful project completion. 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. Sole-source contractors: is the vendor really the only company who can provide a particular good or service? ARPA rules may impose additional reporting requirements for grants made to third-party employers, including public disclosure of grants provided. February 2019 Procurement Bulletin Article. Ensuring that submitted bids are sealed and secured physically or digitally until the bid opening. A .mass.gov website belongs to an official government organization in Massachusetts. What is the difference between Suspension and Debarment? Please let us know how we can improve this page. Ensure that the vendor has provided identifying information on the invoice, including: Vendor name, address, phone number and email, Description, quantity, unit of measure and unit price of supplies delivered or services performed, Location of services performed, if applicable. 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. Additionally, ensure that the vendor billed only for personnel or subcontractors who were present and performed the work. For this program, the city of Scranton has elected to award . 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). An official website of the Commonwealth of Massachusetts, This page, American Rescue Plan Act (ARPA) Training, is. All rights reserved. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. 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. The American Rescue Plan Act (ARPA) is the third round of Coronavirus economic impact payments. 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. Make sure the vendor is legitimate, responsible, has acceptable references and is properly registered to conduct business in Massachusetts. Likewise, auditors and investigators should be prepared for individuals who become angry or aggressive in response to routine questions, or key vendor personnel who disappear during a critical part of the audit. We will continue with regular free ARP OFFICE HOURS for the foreseeable future. (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. 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. Has the vendor demonstrated capacity and financial responsibility to provide the goods or services being sought? 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. %%EOF A .mass.gov website belongs to an official government organization in Massachusetts. 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. WebThe Department of Education posted final requirements on ARPA ESSER in July 2021. Vendors may charge fees and raise prices over the course of a contract, only if the contract allows for the same. 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. During this session, 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. This day course provides an overview of the legal requirements in managing the ARP/CSLFRF award. hb```f``rb`e``_ B,``nAxsYd.(3b(|lzx=g3@7^L5b0\aO0 5wtt 1f 9WcrBe`.ymqcBr5v*r VvH3q/1iC U WebThe Buy American requirements apply to all Recovery Act funds used for a project for the construction, alteration, maintenance, or repair of a public building or public work. Maintaining clear policies governing conflicts of interest for [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]. The data from these documents can be combined to help make decisions about the award of future contracts. Then make sure that you have access to 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. These data points include dates, prices, quantities and names that are easy to transfer into an Excel spreadsheet for future analysis. 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. Allowable Activities. 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. Knapp-Sanders Building If the data is not in one of these formats, do not despair! Salaries and Expenses: In general, certain employees wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Treasurys final rule, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. *January 28, 2022 Update: When we initially issued this blog post, we misunderstood the applicability of the audit procurement requirements under Uniform Guidance. Requirements for bidders and contractors under this order are explained in the specifications. Note: This language must be included in the Bid solicitation. For example, perhaps one morning as you left your house, you looked outside, saw that it was raining and reached for a raincoat. For more information about adopting a procurement policy for your jurisdiction, please see page 3 of the Bulletin. 3) Consider publishing all sole source requests for public notice. 165 0 obj <> endobj The standard allowance is available to all counties, including ones with allocations under $10 million. 6. Fraud audits encompass some or all of the elements of the above compliance audits, with a primary focus on the financial aspects and implications. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 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 . Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. We welcome non-English speakers to contact us. 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