WebGeneral Requirements for Procurement Programs . The following sample policy may be appended to your local governments regular records retention policy. Every jurisdiction needs to review vendor payment requests to make sure they are accurate. WebPrerequisite: None Class Level: Basic Instructional Method: Online - MCPPO Online Class Technical Specifications Advanced Prep: None Class dates and times: April 18, 2023, Ensure compliance with policies, procedures, rules, regulations and legal requirements. 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. The policy should be drafted with Chapter 30B principles in mind and should ensure that you allow for an open, fair and competitive process. %%EOF Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. 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. Finally, Kara hosted SOG Office Hours on Jan. 13, 2022, and the primary topic was the Final Rule and the change in lost revenue calculations. Share sensitive information only on official, secure websites. WebWhen it comes to using ARPA funds, there are layers of rules towns have to follow (the U.S. Treasury says so right here on page 8): - Local procurement rules - New York State People have varying levels of comfort and expertise in using data, and these articles are designed to assist beginners and experts alike. The following is a sample policy to address the specifics of property management: Note that there are some grey areas related to whether and how a local government must seek US Treasurys approval for disposal of real property, equipment, or supplies over $5,000, and whether or not a local government will have to repay US Treasury its federal share. Review for compliance with federal procurement law requirements. 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. 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. Use this button to show and access all levels. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a directors office. In the meantime, please feel free to contact us if you have any questions or ideas about data. hb```nB eaXT00.I T~hHZIs).oIuhJOJ-= 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. Include a right-to-audit clause in grant agreements. People often make business decisions based on intuition, anecdotes or institutional lore. In your role as a procurement official, you may already track bids and price quotations in Excel. [1] These requirements outline the general standards and regulations for the procurement of goods and services for recipients and subrecipients of federally awarded funds. hbbd```b`` DHl"Yn H2|+H3$00M 2@ o. 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. And always carefully read all contract terms before entering into any contract, October 2018 Procurement Bulletin Article. Is it something you can collect in the future? 195 0 obj <>stream 601 0 obj <>stream This helps maintain the integrity of the payment process. 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. Costs must follow the requirements in 2 CFR 200 Subpart E, Cost Principles, including procurement standards. 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] Remember that data is a broad concept, and that analyzing the many different kinds of data your jurisdiction collects every day can enhance your decision-making processes. A compliance audit is the overarching term for ensuring that a vendor is complying with the terms of a contract. Below are a few examples of the range of schemes that vendors may engage in. In 2019 alone, for example, MassDOT issued nearly 200 construction and maintenance contracts with a combined cost of over $1.2 billion. In the February 2020 issue of the OIG Bulletin, we published the first in a series of articles to help demystify data analytics. Look for those in the coming weeks. Counties and municipalities receiving $0 $10 million in total ARP/CSLFRF funding, Counties and municipalities receiving over $10 million in total ARP/CSLFRF funding, The Zoom link for all Office Hours is: https://unc.zoom.us/j/94011361206?pwd=MjIzWnlzOWxtNGtoUlNjaEV3ZWNPdz09. Ensuring that submitted bids are sealed and secured physically or digitally until the bid opening. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. One key oversight tool is the vendor audit. To use data in decision making, the data must exist in a format that can be analyzed. Webthe provision of police, fire, and other public safety services (e.g., purchasing a fire truck or police vehicles, purchasing other equipment, covering salaries of public safety personnel). S.aR8.:h;"S=uV#7SS:]=i++_u}~}_y_yR,_+#$AqYoX%F"YC CV8OEG?+7yOet~f4e&xfqgP*1:bWn5lu-J;[:gqG5SfJ Qbu8CZq|+gBjUC5.P06. 5=;I?s=pCOsV+k 4^ "6!p ~|: 1 GW%kO &)1dwO1(SEQqm2(Rh !3I`eUb&. Web( a) The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this Also, remember the following: 1. 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 We use data every day without realizing it. 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. 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. 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. The team should consider gaining direct access to the vendors systems to facilitate its review. Final approval for sole source procurement requests in most states resides with the Chief Procurement Official. There are several techniques you could use to identify vendors to audit. While data includes these things, data also includes things such as time sheets, bank statements, survey responses and water meter readings. Proposals must be solicited from an adequate number of qualified offerors. Please limit your input to 500 characters. These guidelines are not a comprehensive list, but a reminder that organizations should remain cautious when disbursing funds. Many of the UG provisions require that the local government adopt and implement policies and procedures to ensure compliance with its requirements. When initiating an audit it is important to inform the vendor exactly which personnel and/or processes you will be auditing. First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds. 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. Restricting access to the submitted bids. 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. This blog post is for educational and informational use and may be used for those purposes without permission by providing acknowledgment of its source. 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. We are working on detailed roadmaps to implementing these UG policies and templates for different potential expenditure items. A contracting agency is free to decide that a particular award need not be restricted to professional engineering firms. Still, working with data at all levels of government can be challenging. 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. These awards are as follows: WebTo promote appropriate and effective use of ARPA funds, jurisdictions should: Identify and understand the intended uses of the funds in the grant award agreement. Please remove any contact information or personal data from your feedback. 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 . This page is located more than 3 levels deep within a topic. Webprocurement can be used. This blog post is published and posted online by the School of Government to address issues of interest to government officials. For more information about using COMMBUYS, contact the Operational Services Division at (617) 720-3300. In most instances, a vendor audit is a collaborative effort between the vendor and the government entity. SLFRF funds transferred to subrecipients are also subject to reporting and Uniform Guidance requirements. Adhering to local procurement and contracting policies, standards, or procedures, including applicable local or state laws. The record retention requirements for ARP/CSLFRF-related records are more stringent than those imposed under State law. If the data is not in one of these formats, do not despair! For example, you can gather information about product specifications, usage and performance from relevant personnel in your jurisdiction. We welcome non-English speakers to contact us. Is the contract active and does it include the goods or services being sought? 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. 12. Webprocurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. Therefore, support from potential stakeholders senior management, the Board of Directors, department decision-makers is important for a successful audit engagement. 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. As required under 2 CFR 200, a local governments procurement program must address the following: Full and Open Confirm that an invoice for labor accurately reflects the time that the vendor or its employees worked. If you are not checking invoices carefully against your contract terms and conditions, your jurisdiction may be paying more that it should; or, in the case of a revenue-generating contract, your jurisdiction may be receiving less than it should. of the Award Terms and Conditions, Accessibility: Report a Digital Access Issue, Allowable Costs and Cost Principles Policy, Financial Management and Internal Controls, Program Income Policy (if local government uses ARP/CSLFRF funds to establish a loan program or otherwise earns income related to an ARP/CSLFRF expenditure), Procurement Policy (if a local government contracts for goods or services paid for with ARP/CSLFRF funds, or must engage in a Single Audit (even if the audit is paid for with other funds)), Property Management Policy (if a local government uses ARP/CLSFRF to acquire or improve any real property, equipment, or supplies), Subaward Policy (if a local government partners with another government, nonprofit, or other private entity to carry out an ARP/CSLFRF-eligible project), Thursday, March 24, at 8:30am (focus on affordable housing). The U.S. Department of the Treasury (Treasury) clarified that funds made available under the American Rescue Plan Act (ARP) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) are subject to federal procurement requirements outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), found at Title 2 of the Code of Federal Regulations, Part 200 (2 CFR 200). Boilerplate audit clauses may inadvertently restrict the coverage of an audit or use vague terms that each party interprets differently, leading to disputes. Thank you for your website feedback! 117- 2 (March 11, 2021). 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. Please do not include personal or contact information. We hope that this article has encouraged you to use data analysis more in your work. Massachusetts Executive Order 195 outlines audit and oversight requirements related to vendor contracts. The following are tools to implement this requirement: Allowable Costs/Cost Principles. Knapp-Sanders Building 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. The metrics plotted show the number of change orders (orders that modify contract terms) and the contract length in months. A particular award need not be restricted to professional engineering firms, usage performance. Comprehensive list, but a reminder that organizations should remain cautious when disbursing funds @.. Secure websites state law Executive Order 195 outlines audit and oversight requirements related to contracts... 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