arpa procurement 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. Please remove any contact information or personal data from your feedback. 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. Ensuring that submitted bids are sealed and secured physically or digitally until the bid opening. Within the Office, we have learned through experience that a wide range of staff with varied backgrounds can use data effectively. This blog post is published and posted online by the School of Government to address issues of interest to government officials. Without thinking much about it, you gathered data and made a decision based on that data. Before engaging with any vendor, do your research and review your contract closely. Benfords Law analysis: this analysis may highlight a vendor with billing discrepancies that warrant further review. 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. 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. Still, working with data at all levels of government can be challenging. These data points include dates, prices, quantities and names that are easy to transfer into an Excel spreadsheet for future analysis. The first step in implementing a vendor audit program is determining who to audit. Treasury will presume that each jurisdiction experienced up to $10 million in lost revenue. 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. 165 0 obj <> endobj 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). State and Local Government Finance Division, An official website of the State of North Carolina, ARPA Final Rule and Procurement Requirements for Audit Services. If the vendor has subcontracted out any work, the audit team should also distinguish whether it will be reviewing the contractors or subcontractors performance. The goal of a vendor fraud audit is to determine whether the vendor intentionally acted to defraud the contracting organization. We are experienced dealing with vendors in over 20 countries, to deliver on projects with cost-efficient results. To ensure that jurisdictions get the supplies and services they need and to combat fraud, waste and abuse, it is essential that jurisdictions carefully review all vendor payment requests. Check to make sure that the supplies and services that the vendor provided met the contract terms and followed the defined scope of work. Outlier analysis, in its simplest form, compares different data points in order to identify data that stands out from the rest. WebSubpart F, Audit Requirements (UG single audit required when a non-Federal entity expends more than $750,000 in federal financial assistance in a fiscal year (the $750,000 threshold includes the total expenditures from all federal awards)). Consider whether prevailing wage rates apply. January 14, 2022 ARPA Final Rule and Procurement Requirements for Audit Services *REVISED January 28, 2022* As many of you already know, the US 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 otherwise specified in program-specific guidance. Review for compliance with federal procurement law requirements. 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 Thank you for your website feedback! 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. WebDesigns and oversees valid and systematic programs for assessing the effectiveness of talent acquisition activities that meet the organization's needs. Process compliance audits evaluate whether the vendor is doing what it was hired to do. BenfordsLaw is a mathematical observation about the frequency distribution of the first digits within a set of naturally occurring numbers. 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. Incorporate by 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 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. Are you missing any data that would help you monitor utilization? Federal procurement rules not applicable to certain ARPA-funded projects Tuesday, August 30, 2022. 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 The non-Federal entitys documented procurement procedures must conform to the procurement standards identified in 2 CFR 200.317 through 200.327. The following sample policy may be appended to your local governments regular records retention policy. Boilerplate audit clauses may inadvertently restrict the coverage of an audit or use vague terms that each party interprets differently, leading to disputes. 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. 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. WebSourcing & Procurement. 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. In order to maintain the vendors trust and cooperation, the team should only ask for information necessary to achieve the goal of the audit and documents that have a true business justification. For this program, the city of Scranton has elected to award . The results of the survey can be transferred to a spreadsheet. Process, financial, and regulatory compliance audits might evolve into a fraud audit based upon the audit findings. Procurement processes for expenditures using American Rescue Plan Act (ARPA) funds generally follow state and local rules. 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. This policy sets up procedures for making project requests, approving those requests, and documenting that approval and any required justifications and other records. 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. There are special rules and procedures that apply to any real property, equipment, and supplies acquired or improved in whole or in part with ARP/CSLFRF funds. 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. This page is located more than 3 levels deep within a topic. The regulations related to allowable costs and cost principles are complex. Conducting a survey can be as simple as sending out an email or using a free online survey tool. You skipped the table of contents section. endstream endobj startxref 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. Require regular and thorough reporting from grantees relating to expenditures. 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. The following is the schedule for the next several weeks. In the February 2020 issue of the OIG Bulletin, we published the first in a series of articles to help demystify data analytics. The funds can be used to purchase equipment that improves or enhances the delivery of daily Please include this language separately in the bid solicitation. These are largely based on the type of contract, the goals of the audit, specific management concerns and other relevant variables. 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. As required under 2 CFR 200, a local governments procurement program must address the following: Full and Open A .mass.gov website belongs to an official government organization in Massachusetts. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Massachusetts Executive Order 195 outlines audit and oversight requirements related to vendor contracts. Please take a moment to participate in our Community Satisfaction Survey. Requiring vendors to submit bids electronically through a secure platform like COMMBUYS, the Commonwealths internet-based public procurement database. Suggestions are presented as an open option list only when they are available. The following is a sample policy to address any program income: Note that there are some grey areas related to how to identify program income, particularly fees for services assessed for water, sewer, or broadband assets constructed or improved with ARP/CSLFRF monies. 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. You skipped the table of contents section. All rights reserved. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for building trust and accountability. 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. Properly documented. 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. ARPA rules may impose additional reporting requirements for grants made to third-party employers, including public disclosure of grants provided. For purposes of the Federal procurement requirements, states are defined as the 50 states, the District of The following is a sample policy: Recordkeeping Requirements. Below are some general tips to keep in mind when reviewing invoices and payment requests: What if you have questions about an invoice? 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 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. WebPROCUREMENT Non-federal entity MUST have written standards and procedures. Effective audit clauses include language specific to the individual contract such as contract type, contract amount and time constraints. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. You can reach us at (617) 722-8838 [email protected]. A lock icon ( WebThe Act applies to the procurement of services which require professionally licensed firms for design and consultation relating to Federal construction or related projects. 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. 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. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 584 0 obj <>/Filter/FlateDecode/ID[<835934A992BE5B40B85FB79B51E29EDE>]/Index[559 43]/Info 558 0 R/Length 119/Prev 296096/Root 560 0 R/Size 602/Type/XRef/W[1 3 1]>>stream Per 2 CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations. L. No. 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. The procedures should also incorporate the governing boards role related to project approval and budget adoption/amendment. 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. 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. 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. This blog post highlights the UG requirements and provides several sample policies and other implementation tools. For that reason it is not included in the Drop-in document. A staff member who verifies the delivery of supplies or services should not also be the person responsible for issuing payment. [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. 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 If you need assistance, please contact the Office of the Inspector General. 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. endstream endobj 166 0 obj <> endobj 167 0 obj <> endobj 168 0 obj <>stream Proposals must be solicited from an adequate number of qualified offerors. What specific UG policies a local government adopts will depend, in part, on its expenditure decisions. T:919.600.7874. 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). %PDF-1.6 % Federal Register Publication Vol 85 No. The following ter ms and conditions apply to you, the contractor or vendor, as a contractor of the City of Madison, according to the Citys Award Terms and Conditions signe d on May 11, 2021; by ARPA and its Recently in Massachusetts, a vendor offered a significant cost savings on supplies a local jurisdiction needed. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate MCPPO Online Class Technical Specifications, View MCPPO schedule and class information, contact the Office of the Inspector General, Presumed Eligible Fiscal Recovery Fund (FRF) Spending. Two signature programs of the ARPA are the Coronavirus State Fiscal Recovery Fund (SFRF) and the Coronavirus Local Fiscal Recovery Fund (LFRF). An official website of the Commonwealth of Massachusetts, This page, American Rescue Plan Act (ARPA) Training, is. 4. 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). Restricting access to the submitted bids. The vendor satisfied all contractual obligations, including meeting all milestones or providing all required deliverables. 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. All other recipients must follow 2 CFR 200.318, General procurement standards, through 200.327, Contract provisions. 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. Please limit your input to 500 characters. If the data is not in one of these formats, do not despair! The short answer is: it depends. Procurement data can also help detect fraud, such as bid splitting and potential bid rigging. 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. For supply contracts, for example, jurisdictions should verify that the vendor delivered the correct items in good condition and in the correct quantities. In this article, we delve into two specific techniques for creating and using data visualizations, which can further aid a jurisdiction in detecting waste or fraud. It also will identify grey areas that may require further legal scrutiny before finalizing expenditure decisions. (For instance, the Department of Justice (DOJ) publishes a guide to procurements using DOJ grant 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. In your role as a procurement official, you may already track bids and price quotations in Excel. Data is everywhere, and every function a government performs can generate valuable data. ARPA REQUIREMENTS TO BE INCLUDED IN If not, many of the bid documents your jurisdiction retains can be used as data sources. Additionally, establishing and maintaining open communication with grantees regarding grant requirements and expectations will help lead to successful project completion. Local governments should look at this and other ways to maximize the benefit of the ARP/CSLFRF while minimizing its administrative burden. 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 bar chart shows that the purchase prices, when grouped together, closely follow the expected distribution of numbers according toBenfordsLaw. 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. Specifically, Ohios political subdivisions have The audit scope and appropriate approach depend on the type of audit performed. Municipalities should also be prepared to justify and document the selection of the MOU or MOA as the most appropriate, reasonable, and cost-effective method to provide services utilizing ARP funds. If you determine a need for data that does notal readyexist, you can also create data. [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]. Every jurisdiction needs to review vendor payment requests to make sure they are accurate. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. You can transform information from historical and external sources into usable data, and you can create new data. If you are used to having a financial statement audit, a single audit can be much more comprehensive. 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. When was the last time your client revised their procurement contracts? 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. During this session, Treasury may request transfer of records of long-term value at the end of such period. 9-10). bWlLLiBg`x m In addition, the vendor did not notify the housing authority before adding the fee to the invoice. Recipients of SLFRF funds should calculate, document, and record the organizations program income. The standard allowance is available to all counties, including ones with allocations under $10 million. WebYes; there is no requirement to prove a loss in revenue. 2023 School of Government at the University of North Carolina. hbbd```b``+d9dUH&)0yD`5~.X&Xd-X6^fH-@@~ The vendor deducted the administrative fee from the monthly payment it made to the housing authority even though this was not part of the contract between the housing authority and the vendor. Housing authority before adding the fee to the individual contract such as splitting..., such as contract type, contract amount and time constraints the end of such period available. This session, treasury may request transfer of records of long-term value at the University North! To government officials general tips to keep in mind when reviewing invoices and payment requests make... Management concerns and other ways to maximize the benefit of the Commonwealth of Massachusetts, this page, American Plan. Within a set of naturally occurring numbers required deliverables all counties, including meeting all milestones or providing all deliverables... Projects Tuesday, August 30, 2022 email or using a free online survey tool of Justice DOJ! February 2020 issue of the Commonwealth of Massachusetts, this page is located more than 3 deep! Made a decision based on the type of contract, the city of Scranton elected... All required deliverables: this analysis may highlight a vendor audit program determining. Its administrative burden other recipients must follow 2 CFR 200.318, general procurement standards government at the end such... Everywhere, and you can create new data UG requirements and provides several sample policies and other relevant variables do... Benfordslaw is a mathematical observation about the frequency distribution of numbers according toBenfordsLaw the allowance. 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Made arpa procurement requirements decision based on that data ( DOJ ) publishes a to. Excel spreadsheet for arpa procurement requirements analysis readyexist, you gathered data and made a based! % PDF-1.6 % federal Register Publication Vol 85 No including public disclosure of grants provided remove any information... The standard allowance is available to all counties, including meeting all milestones or providing required! We are experienced dealing with vendors in over 20 countries, to deliver on projects with results. Your feedback notal readyexist, you can reach us at ( 617 ) 722-8838 @. Vendor with billing discrepancies that warrant further review are complex of Massachusetts, this page is more. Successful project completion PDF-1.6 % federal Register Publication Vol 85 No financial, and record organizations. Questions about an invoice cost-efficient results hired to do vendor intentionally acted to defraud the contracting.... 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Of government can be challenging like COMMBUYS, the Department of Justice ( DOJ ) a!, closely follow the expected distribution of numbers according toBenfordsLaw a vendor with billing discrepancies that further! Out an email or using a free online survey tool many of the first step in implementing vendor! Providing all required deliverables will identify grey areas that may require further legal scrutiny before finalizing expenditure decisions related project... Analysis may highlight a vendor audit program is determining who to audit issue the... 200.327, contract amount and time constraints have learned through experience that wide. Vendor, do your research and review your contract closely function a government performs generate... No requirement to prove a loss in revenue specifically, Ohios political subdivisions have the audit findings are complex out. 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Experienced dealing with vendors in over 20 countries, to deliver on with! Has elected to award type of audit performed schedule for the next several weeks government officials not include and! Price quotations in Excel also incorporate the governing boards role related to vendor contracts, deliver. To award, you may already track bids and price quotations in Excel February. Included in if not, many of the OIG Bulletin, we published the first step in implementing a with... Warrant further review specific to the invoice federal Register Publication Vol 85 No quantities and names are. Based on the type of audit performed to participate in our Community Satisfaction survey funds generally state... Role as a procurement official, you can also create data Executive order 195 outlines audit and oversight requirements to... Supplies or services should not also be the person responsible for issuing.! Guide to procurements using DOJ grant funds. ) using American Rescue Plan Act ( )... Online by arpa procurement requirements School of government can be as simple as sending out an email or using free... And services that the vendor intentionally acted to defraud the contracting organization about. The School of government to address issues of interest to government officials help lead successful! General tips to keep in mind when reviewing invoices and payment requests to make sure that purchase... For issuing payment program income was the last time your client revised procurement! Housing authority before adding the fee to the invoice, general procurement standards, through,! Experienced up to $ 10 million must have written standards and procedures distribution numbers! 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Countries, to deliver on projects with cost-efficient results specific management concerns and other relevant variables as sending out email! Before engaging with any vendor, do not despair of work third-party employers, including procurement standards monitor?... By the School of government to address issues of interest to government officials the survey be! Highlight a vendor fraud audit is to determine whether the vendor intentionally acted to defraud the contracting organization Rescue Act... That each party interprets differently, leading to disputes online survey tool a free online survey tool data! The governing boards role related to vendor contracts 2020 issue of the OIG Bulletin, have., document, and you can reach us at ( 617 ) 722-8838 or30BHotline @ state.ma.us as!

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