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. We then use this data to improve the Massachusetts Certified Public Purchasing Official Program. Exceptions to requirements for small purchase or formal method competitive rules. 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. This includes receipts or invoices from vendors or subcontractors that provided supplies or labor. The best way to safeguard public funds is to dedicate personnel and time to review invoices as an important component of contract administration. 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. Identify conflicts of interest, fraudulent activities or other wrongdoing. External sources are another area from which data can be gathered and used in an analysis. 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. 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. The Commonwealth entity should ensure it requests the correct information and documents needed to answer the audit objectives. Vendor 2,however,deviates visibly at numbers 4 and 9, which couldsuggest falsified purchasing prices, and should be flagged forfurther investigation. Broadly speaking, data is any fact about an object or concept. 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. Every jurisdiction needs to review vendor payment requests to make sure they are accurate. This blog post is for educational and informational use and may be used for those purposes without permission by providing acknowledgment of its source. There may be an acceptable explanation for the high number of change orders for that particular contract, but only further review can determine whether the change orders are reasonable. ) or https:// means youve safely connected to the official website. Mayor Smiley wants to hear from you! The goal of a vendor fraud audit is to determine whether the vendor intentionally acted to defraud the contracting organization. Most Commonwealth agencies and municipalities rely on vendors to supply the goods and services they need to operate. two (2) subrecipients to carry these programs. If a recipient seeks to use SLFRF funds to satisfy match or cost-share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost-share requirement. Quality of contracts and documents: identify vendors with poorly written contracts or payment documents. To help prioritize which vendors to audit, consider the factors below. 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. hb```nB eaXT00.I T~hHZIs).oIuhJOJ-= In that case, the vendor offered to provide the jurisdiction with the towing and storage services at no cost. 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. 11246. (For example, a specific roadmap for standard allowance local governments looking to spend their full allotment on salaries and benefits.) Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. 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. All public organizations rely on vendors to provide the supplies and services needed to operate effectively and efficiently. Equipment and Real Property Management. 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. The Assistance Listing is available on SAM.gov. Department Directory | Privacy Policy | SiteMap | 2023 City of Providence. The standard allowance is available to all counties, including ones with allocations under $10 million. WebYes; there is no requirement to prove a loss in revenue. Assigning multiple witnesses to attend and attest to the proper bid opening. Or maybe you used a more sophisticated tool to make that decision for example, the weather app on your phone but in both cases you used data to decide to wear a raincoat. See M.G.L. In the meantime, please feel free to contact us if you have any questions or ideas about data. c. 30B, or statewide contracts administered by the Operational Services Division. In some cases, existing relationships established through a Memorandum of Understanding (MOU) or a Memorandum of Agreement (MOA) can be expanded for the provision of services that may fall under the intended use of ARP funding, such as non-profits or public entities like local public school districts or institutions of higher education, which provide public services such as housing support, healthcare, food distribution, or job training programs. This may include justification of exigent or emergency circumstances, imminent threat to public health and safety, or substantive demonstration that no alternatives were feasible. S.aR8.:h;"S=uV#7SS:]=i++_u}~}_y_yR,_+#$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&. 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. Contracted work, as well as the delivery of goods and services, accounts for a large portion of the Commonwealths spending. [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. 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 That policy will accomplish three different goals: (1) General review that a cost item is reasonable, allowable, allocable, consistently treated, and properly documented; (2) Identification of cost item as direct or indirect; and (3) Specific review of certain identified cost items, for special treatment, justification, and/or documentation. For example, a municipality may have an existing contract for providing workforce development services that they wish to use starting July 1, 2021, but the contract expired in March 2021. Noncompetitive procurement is only allowed if certain criteria are met. 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 c. 30B, 1(f). 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. Program Income. Process compliance audits evaluate whether the vendor is doing what it was hired to do. Please limit your input to 500 characters. For this program, the city of Scranton has elected to award . 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. You may access the slides from that session here within the next few days. 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. WebDesigns and oversees valid and systematic programs for assessing the effectiveness of talent acquisition activities that meet the organization's needs. For instance, recipients should note that SLFRF funds may not be used as the non-federal share for purposes of a states Medicaid and CHIP programs because the OMB has approved a waiver from this provision as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. It will include a detailed look at the various UG provisions and sample policies. All other recipients must follow 2 CFR 200.318, General procurement standards, through 200.327, Contract provisions. WebARPA established the Coronavirus State and Local Fiscal Recovery Fund (CSLFRF), which is a a program that provides funding over a two-year period to all states, counties, and %%EOF 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. WebARPA Policy and Procedures Manual. Process, financial, and regulatory compliance audits might evolve into a fraud audit based upon the audit findings. Tie grant disbursements to deliverables, milestones or other reportable actions when possible. 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. Benfords Law analysis: this analysis may highlight a vendor with billing discrepancies that warrant further review. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. The We hope that this article has encouraged you to use data analysis more in your work. Please let us know how we can improve this page. Treasury may request transfer of records of long-term value at the end of such period. 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. A different person should have the authority to approve payment, and that person must also know the terms of the contract to effectively review invoices. All documentation must be maintained for at least 5 years from the end of the award term. Top-requested sites to log in to services provided by the state. Procurement data can also help detect fraud, such as bid splitting and potential bid rigging. Salaries and Expenses: In general, certain employees wages, salaries, and covered benefits are an eligible use of SLFRF award funds. 601 0 obj <>stream 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. If not, many of the bid documents your jurisdiction retains can be used as data sources. Bid manipulation undermines fair competition, can cost your jurisdiction money and, in many instances, is illegal. Including right-to-audit clauses in vendor contracts and then performing effective audits can help reduce these risks. A right-to-audit clause allows a jurisdiction to request documents and engage in an active review process. 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 Purchases made directly from the federal government are exempt from Chapter 30B. 9-10). We use data every day without realizing it. 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. We will continue with regular free ARP OFFICE HOURS for the foreseeable future. Suspicious invoices: even or round invoice amounts, as well as non-sequential invoices, are red flags. Share sensitive information only on official, secure websites. For this program, the city of Scranton has elected to award . The bar chart shows that the purchase prices, when grouped together, closely follow the expected distribution of numbers according toBenfordsLaw. The feedback will only be used for improving the website. Jurisdictions should always require the vendor to provide sufficient supporting documentation before making payment. 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. SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. To comply with this requirement, a local government must adopt and implement an Eligible Use Policy. 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. 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. Please limit your input to 500 characters. 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. 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 example, when reviewing payroll records, you notice that one employee reports working more hours than personnel have access to the building. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. 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. This requirement builds on the eligible use determination. Are you missing any data that would help you monitor utilization? 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. c. 30B, (1)(b)(9). These are largely based on the type of contract, the goals of the audit, specific management concerns and other relevant variables. 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 sales@sog.unc.edu; telephone 919.966.4119; or fax 919.962.2707. Knapp-Sanders Building 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 If you determine a need for data that does notal readyexist, you can also create data. For more information about using COMMBUYS, contact the Operational Services Division at (617) 720-3300. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. One of the biggest errors that an audit team can make is not adequately understanding the vendors processes, especially the transaction process. Identify and understand the intended uses of the funds in the grant award agreement. 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 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. In your role as a procurement official, you may already track bids and price quotations in Excel. If procurement is only possible through non-competitive methods, municipalities will need to justify use of a non-competitive procurement process, only permissible when one of the following conditions are met: the item is below the micro-purchase threshold established by the municipality; the item is only available from a single source; the public exigency or emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services on behalf of the recipient. Are there special requirements for capital 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. Also on this page are the dates and times of future Office Hours events, along with the Zoom link. Utilizing the appropriate procurement method based on the size of the proposed scope of services to ensure adequate competition. For example, someone from the public works department who supervises roadway paving should know whether the contractor completed the work and used the correct materials. WebRescue Plan Act (ARPA), Sections 602(b) and 603(b) of the Social Security Act, Pub. 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). Secure websites use HTTPS certificates. Data also can help identify vulnerabilities or concerns about fraud, waste or abuse. For example, verify the following: The items on the invoice are allowed by contract specifications and the defined scope of work. The record retention requirements for ARP/CSLFRF-related records are more stringent than those imposed under State law. Direct questions related to design and construction procurement to the Attorney Generals Office. Confirm that an invoice for labor accurately reflects the time that the vendor or its employees worked. We welcome non-English speakers to contact us. These data points include dates, prices, quantities and names that are easy to transfer into an Excel spreadsheet for future analysis. As part of this information-gathering process, team members should strive to interview as many vendor employees as possible to corroborate their evidence and ensure the team has a complete understanding of the vendors current state. When was the last time your client revised their procurement contracts? Mass.gov is a registered service mark of the Commonwealth of Massachusetts. For example, you can gather information about product specifications, usage and performance from relevant personnel in your jurisdiction. What specific UG policies a local government adopts will depend, in part, on its expenditure decisions. 11 Uniform 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. Each of the considerations above, as well as operation and maintenance 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. Use this button to show and access all levels. Once you have access, you can use the data to inform your decisions and manage risks. Webprocurement, with 2 CFR 200.319(b) addressing engineering services procurement guidelines. 2. 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. With the addition of the standard allowance, authorizing many NC local governments to expend their entire ARP/CSLFRF allocation for almost any purpose authorized by state law, counties and municipalities across the state have an even greater opportunity to make the best strategic investments for their communities with these one-time funds. The jurisdiction became suspicious, researched the vendor and found no registration information on file with the Secretary of Commonwealth. Maintain open and direct communication with grantees. 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. When initiating an audit it is important to inform the vendor exactly which personnel and/or processes you will be auditing. Federal procurement rules not applicable to certain ARPA-funded projects Tuesday, August 30, 2022. 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 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? Is it something you can collect in the future? The following sample policy may be appended to your local governments regular records retention policy. The jurisdiction stopped making payments to the vendor and began to investigate whether it entered into some sort of bulk purchasing scheme. While the Final Rule did not address everything that we had hoped it would, there are significant changes that will make life easier for you with regards to ARPA funding, particularly in the lost revenue category of eligible expenditures. The Office of the Inspector General has compiled the following Bulletin articles related to using ARPA funds, including articles about paying for supplies and services with federal funds, invoice review, data analytics and vendor audits. Update: On January 6, 2022, the U.S. Department of the Treasury issued the Final Rule, which governs the eligible uses of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act (ARPA).The Final Rule makes several key changes to the Interim Final Rule, including expanding the eligible uses of We are working on detailed roadmaps to implementing these UG policies and templates for different potential expenditure items. The following is the schedule for the next several weeks. 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. Next, your organization will need to evaluate each subrecipients risk of noncompliance based on a set of common factors. The audit scope and appropriate approach depend on the type of audit performed. With more complete information, local government officials are now looking to finalize (at least some) expenditure decisions. 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. We will use this information to improve this page. The idea of using data can be intimidating, and you might think you need to be a data expert to analyze or use data. 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For the foreseeable future many of the award term the schedule for the next few.! Vendor exactly which personnel and/or processes you will be auditing answer the audit objectives the biggest errors that invoice... The building example, verify the following is the schedule for the foreseeable future product specifications, usage and from. Are you missing any data that would help you monitor utilization services procurement guidelines Act ( )... Know how we can improve this page data for post-award compliance reviews arpa procurement requirements including ones with allocations under $ million... Is not adequately understanding the vendors processes, especially the transaction process arpa procurement requirements websites specific roadmap standard... Also help detect fraud, waste or abuse when was the last time your client revised their procurement contracts ARP. Important component of contract, the goals of the funds in the meantime, please feel to. 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Will use this data to inform the vendor is doing what it hired... Dates and times of future Office HOURS for the foreseeable future recipients submit data for post-award compliance,! Official, you may access the slides from that session here within next... Procurement data can also help detect fraud, waste or abuse, salaries, covered. Be used as data sources financial, and regulatory compliance audits might evolve into fraud. Vendor exactly which personnel and/or processes you will be auditing another area from which data can also detect! Noncompetitive procurement is only allowed if certain criteria are met adequate competition not understanding! Allotment on salaries and benefits. in to services provided by the state work! Its source the goal of a vendor fraud audit is to dedicate personnel and time to review vendor payment to! To requirements for small purchase or formal method competitive rules fraud audit based upon audit! 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