Contracted work, as well as the delivery of goods and services, accounts for a large portion of the Commonwealths spending. Chapel Hill, NC27599-3330 The following is a sample policy: Recordkeeping Requirements. [12] Effective August 2020, based on Federal Register Publication Vol 85 No. Some of these are associated with a particular project; others are associated with the entire grant award. 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. (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. Tie grant disbursements to deliverables, milestones or other reportable actions when possible. This page is located more than 3 levels deep within a topic. Is the contract active and does it include the goods or services being sought? Specifically, Ohios political subdivisions have WebPROCUREMENT Non-federal entity MUST have written standards and procedures. SLFRF recipients that are pass-through entities as described under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass- through entities. %PDF-1.6 % infrastructure, potential enhancements of state funding resources, Ensure the agency received all of the purchased goods and services. ARPA REQUIREMENTS TO BE INCLUDED IN Include a right-to-audit clause in grant agreements. Consider whether prevailing wage rates apply. As mentioned below, we are working on detailed roadmaps to help local governments know when/how to implement each policy based on specific expenditure decisions. 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. This information is invaluable to managers. WebDepending on the site host organizations procurement requirements, a formal solicitation process may be needed to purchase and install charging infrastructure. 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. Confirm that the vendor billed at the rates stated in the contract or purchase order. They are SLFRF recipients that will report directly to Treasury. You can transform information from historical and external sources into usable data, and you can create new data. 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. The jurisdiction became suspicious, researched the vendor and found no registration information on file with the Secretary of Commonwealth. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records. This data should alert you to the possibility that the employee may be committing fraud and that you should investigate the matter further. Regulatory compliance audits determine whether the vendor is following all of the laws and regulations relevant to the goods and services they provide (e.g., environmental regulations). The non-Federal entitys documented procurement procedures must conform to the procurement standards identified in 2 CFR 200.317 through 200.327. You must ensure that the vendors you are doing business with are legitimate and responsible. These are common red flags for potential fraud and abuse. To facilitate grant management, jurisdictions should develop clear expectations for grant programs and include this language in grant awards. 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 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). Civil Rights Compliance. Webthe provision of police, fire, and other public safety services (e.g., purchasing a fire truck or police vehicles, purchasing other equipment, covering salaries of public safety personnel). 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. 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. The UG requirements are in addition to those imposed by the Final Rule related to project eligibility. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Data is everywhere, and every function a government performs can generate valuable data. Sole-source contractors: is the vendor really the only company who can provide a particular good or service? If a recipient has a current Negotiated Indirect Costs Rate Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Our team excels at identifying, negotiating, procuring, and delivering quality products and services to customers doing business in various European locations and not only. There are several techniques you could use to identify vendors to audit. You may access the slides from that session here within the next few days. Can the municipality provide full documentation and records to demonstrate that the history of procurement, including vendor selection, complied with competitive bidding and selection processes? Requirements for bidders and contractors under this order are explained in the specifications. Note: This language must be included in the Bid solicitation. BenfordsLaw is best applied to large data sets (at least several hundred records) of naturallyoccuringnumbers with some connection, such as population data, income tax data or scientific data. 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. Check to make sure that the supplies and services that the vendor provided met the contract terms and followed the defined scope of work. Simply having a contract, however, does not ensure that a vendor will always bill at the agreed-upon rates, deliver the correct quantity or quality of materials, or perform the necessary activities required in the contract or by law. Data also can help identify vulnerabilities or concerns about fraud, waste or abuse. This helps maintain the integrity of the payment process. Part 200, Subpart F. Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. The team needs the vendors support in order to get access to records and personnel, as well as to take action on findings. Mayor Smiley wants to hear from you! Always conduct your procurement legally and in the best interests of your jurisdiction by following federal, state or local rules. Generally, Chapter 30B applies even when a local jurisdiction uses federal funds to pay for supplies or services. 200.317, 200.322, and 200.326. Are you missing any data that would help you monitor utilization? 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. 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 Suggestions are presented as an open option list only when they are available. endstream endobj 560 0 obj <. 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. You skipped the table of contents section. Establish attainable program goals and targets, and understand which expenditures are allowable under federal law. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in 200.318 through 200.327. 11246. If data analysis leads you to believe that fraud has occurred, please contact the OIGs Fraud Hotline at (800) 322-1323 orIGOFightFraud@state.ma.us, orfill out our online form. ARPA rules may impose additional reporting requirements for grants made to third-party employers, including public disclosure of grants provided. Use this button to show and access all levels. 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. WebYes; there is no requirement to prove a loss in revenue. And always be vigilant in reviewing invoices for appropriate charges as a standard part of your contract administration process. [2] 2 CFR 200.317-327, available at https://www.govregs.com/regulations/title2_chapterII_part200. 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. A good way to start is by identifying data that would help you do your job. 195 0 obj <>stream Justifying and documenting the selection of vendors, including: (1) that a vendor is responsive to the requirements outlined in the procurement, (2) responsible, (3) not debarred from doing business with the federal government, and (4) offering a reasonable, competitive cost, based on cost or price analysis completed by the municipality. Mathematicians studied collections of numbers and found that the first digit will be a 1 about 30% of the time and a 2 about 17% of the time, with subsequent numbers following a similar decreasing pattern, as shown in the data visualization on the next page. This collection does not apply to Tribal governments. There are no requirements for contracts or expenditures of less than $10,000. However, using ARPA funds for contracts in excess of $10,000 triggers the mandatory contract provisions in 2 CFR Part 200, Appendix II. Most contract provisions are required only on those exceeding $100,000 or those for construction projects of any amount. Becoming overly friendly threatens the auditors independence in performing their review. *January 28, 2022 Update: When we initially issued this blog post, we misunderstood the applicability of the audit procurement requirements under Uniform Guidance. The funds can be used to purchase equipment that improves or enhances the delivery of daily This scope is different than what is included in the current contract and may be considered noncompetitive. hWoHWcORPKt.u8 -fA zA^%hq0)`Q9^2 B $BJ*'xdg.|vOhRRFa)`q:e8^0^0^0^0^ 6fn?iTDuHG?=t1Ax twx3Oy!/%G}KoW%0!,k69\=nl 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. Determine whether the contract allows the vendor to bill for the items listed on the invoice. Before turning to the specific samples and other tools, it is important to emphasize thatthe sample UG policies should not be adopted as is. Payment reviews are a key part of contract administration, and insufficient reviews leave your jurisdiction vulnerable to improper or questionable payments to vendors. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. 12. Further, the individuals who review and approve invoices must know the contract terms, conditions and specifications. Suggestions are presented as an open option list only when they are available. This requirement builds on the eligible use determination. For example, information from purchase descriptions, vendor quotations, proposal evaluation forms and invoices contain many data points. 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. 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. Other important aspects to consider are the audit period, access to records and personnel, format of records, time needed, failure-to-produce penalties and notification requirements (planned versus surprise reviews). [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. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation. 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. Share sensitive information only on official, secure websites. 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. Please include this language separately in the bid solicitation. It is a red flag that the business may not be legitimate or well established. What specific UG policies a local government adopts will depend, in part, on its expenditure decisions. 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. To help prioritize which vendors to audit, consider the factors below. When initiating an audit it is important to inform the vendor exactly which personnel and/or processes you will be auditing. Further, because it did not conduct a public procurement, the jurisdiction lost the opportunity to receive revenue from the contract. Bid manipulation undermines fair competition, can cost your jurisdiction money and, in many instances, is illegal. To start, here is a summary list of UG policies and their triggers. Vendor 2,however,deviates visibly at numbers 4 and 9, which couldsuggest falsified purchasing prices, and should be flagged forfurther investigation. Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. two (2) subrecipients to carry these programs. Massachusetts jurisdictions received over $25 billion through ARPA. Additional information about the definition of subrecipients is available in the section Distinguishing Subrecipients versus Beneficiaries. Thus, the jurisdiction created a ready market for a single vendor without ensuring that drivers were receiving a fair price for the towing and storage services. For more information about using COMMBUYS, contact the Operational Services Division at (617) 720-3300. Jurisdictions therefore must dedicate staff to evaluate documents and completed work reports from contractors to make sure that they have followed the contract before issuing payment. 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. The following are tools to implement this requirement: Allowable Costs/Cost Principles. Please let us know how we can improve this page. The words data and data-driven decision-making sound daunting; however, neither is something new. Finally, in addition to my colleagues Rebecca Badgett, who drafted some of the above UG policies, and Connor Crews, who is working on procurement and conflict of interest policies, we want to thank our two amazing research assistants, Tiffany Oliva and Abby Gostling, who drafted several of our templates and other tools. Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. 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. 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)? 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. Including right-to-audit clauses in vendor contracts and then performing effective audits can help reduce these risks. Below are a few examples of the range of schemes that vendors may engage in. 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. 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. 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. Volume of transactions or business: the volume of transactions or contracts alters the risk the government assumes in doing business with the vendor. 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. When grouping the pricingdataby individualvendor,asshownin the chartsbelow,andrunning the same analysis, youcansee that Vendor 1 and Vendor3follow the expecteddistribution pattern. [1] These requirements outline the general standards and regulations for the procurement of goods and services for recipients and subrecipients of federally awarded funds. procurement policies pursuant to 2 CFR 200.317 as well as comply with the procurement standards set forth at 2 CFR 200.321 through 2 CFR 200.323, and 2 CFR 200.327. February 2019 Procurement Bulletin Article. If you determine a need for data that does notal readyexist, you can also create data. Jurisdictions should only make payments after reviewing all invoices and supporting documentation for accuracy and completeness. 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 With more complete information, local government officials are now looking to finalize (at least some) expenditure decisions. 4. 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. WebNon-Entitlement Units (breakdown coming week of May 17, 2021) Coronavirus State and Local Fiscal Recovery Funds website. WebThe Act applies to the procurement of services which require professionally licensed firms for design and consultation relating to Federal construction or related projects. BenfordsLaw is a mathematical observation about the frequency distribution of the first digits within a set of naturally occurring numbers. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. To learn more, view our full privacy policy. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. To comply with this requirement, a local government must adopt and implement an Eligible Use Policy. Two examples of bid manipulations are altering bid documents and influencing the bid process to provide an unfair advantage to a favored bidder. The following sample policy may be appended to your local governments regular records retention policy. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. With the upcoming Project and Expenditure Report deadline fast approaching on April 30, join NACo and Government Finance Officers Association for an overview of what you need to know when it comes to reporting for the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Fund. Please do not include personal or contact information. Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. 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. A right-to-audit clause allows a jurisdiction to request documents and engage in an active review process. 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. 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. Recipients should note that NEUs and Non-UGLGs are not subrecipients under the SLFRF program. Track and maintain records of all grant-related documents, including communications, receipts and invoices. WebGeneral Requirements for Procurement Programs . Purchases made directly from the federal government are exempt from Chapter 30B. WebA nonfederal entity with federal expenditures in excess of $750,000 is required by law to have a single audit completed. 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