AGENDA. Subrecipient Monitoring Under the New Uniform Guidance. What is a passthrough

Similar documents
Performance and Financial Monitoring and Reporting

OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards

Overview of the New EDGAR (formerly the Uniform Grants Guidance)

Uniform Guidance Subpart D Administrative Requirements. Why This Session Is Needed. Lesson Overview & Module Objectives

How to Draft New & Update Old Policies and Procedures. Agenda. Why?

Federal Grants Administration Updates. Erin Auerbach Esq. Brustein & Manasevit, PLLC

Single Audit Entrance Conference Uniform Guidance Refresher

Uniform Guidance Subpart D Administrative Requirements

Regulations Governing The Perkins CTE Program KBOR Summer Conference June 11, 2015

Subrecipient Risk Assessment and Monitoring of Northeastern University Issued Subawards

MAXIMUS Higher Education Practice

Subrecipient Monitoring Under 2 CFR 200. Kris Rhodes, MS Director, Higher Education Practice

WHAT LAWS APPLY TO FEDERAL GRANTS: A HISTORICAL PERSPECTIVE

Roadmap to the Uniform Grant Guidance for School Districts

Subcontract Monitoring

Agency for Health Care Administration Response to DFS Audit of Selected Agency Contracts and Grants Active 7/1/14 through 6/30/15

The Uniform Guidance 2 CFR 200 A Guide to Risk-Based Grants Management

UNDERSTANDING PHA OBLIGATIONS UNDER THE NEW UNIFORM RULE ON ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDITS: WHAT S NEW AND WHAT S NOT

Uniform Guidance Sponsored Projects Services

TEA Implementation of the New EDGAR

Subrecipient Monitoring Procedures

SUBCHAPTER 03M UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE SECTION ORGANIZATION AND FUNCTION

Presenter. Changes to Federal Programs & Single Audits (A-87, A-21, A-122, A-102, A-110, A-89, A-133 & A-50) The New OMB Uniform Guidance

University of San Francisco Office of Contracts and Grants Subaward Policy and Procedures

UNCLE SAM S MONEY: Fundamentals of Federal Grant Law

Are You Ready for This? The New Uniform Grant Guidance 2 CFR 200

Monitoring Your Adult Education Providers: Policy and Guidance for State Adult Education Directors

ADMINISTRATIVE PRACTICE LETTER

MONTGOMERY COUNTY INTERMEDIATE UNIT #23

Uniform Guidance - Lessons Learned And To Be Learned

The OmniCircular - 2 CFR 200

Are You Ready for This? The New Uniform Guidance 2 CFR 200

HAVA GRANTS AND MONITORING. Presented by: Dan Glotzer, Election Funds Manager and Venessa Miller, HAVA Grant Monitor

University of Pittsburgh SPONSORED PROJECT FINANCIAL GUIDELINE Subject: SUBRECIPIENT MONITORING

Uniform Guidance Year Two of the Audit Requirements Now What? CACUBO

Federal Grant Guidance Compliance

OUTGOING SUBAWARD GUIDE: INFORMATION FOR UWM PRINCIPAL INVESTIGATORS VERSION 1, JULY 2015

Navigating the New Uniform Grant Guidance. Jack Reagan, Audit Partner Grant Thornton LLP. Grant Thornton. All rights reserved.

45 CFR 75 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Health and Human Services Awards

Grant Review and Pre-Award Process Elisa Gleeson Senior Grants Management Specialist

U.S. Department of Housing and Urban Development Office of Housing Counseling

FDP Subaward Forms Frequently Asked Questions Check back frequently for updates!

Understanding and Complying with Government Grants

Grants to States for Low-Income Housing Projects in Lieu of Low-Income Housing Credits for 2009 GRANTEE TERMS AND CONDITIONS

Policy and Compliance: Working Together Like Hand in Glove

COMMUNITY BASED PROGRAM / INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AUTISM SERVICES

OVERVIEW OF OMB SUPERCIRCULAR... 1 OBJECTIVES OF THE REFORM... 1 OMB A-21 (COST PRINCIPLES FOR EDUCATIONAL INSTITUTIONS) TO 2 CFR 200 (UNIFORM ADMIN

TIME AND EFFORT DOCUMENTATION 101 TIME AND EFFORT DOCUMENTATION REQUIREMENTS AND CHANGES IN LIGHT OF THE OMB SUPERCIRCULAR EDGAR AND THE OMB CIRCULARS

GOWD Subrecipient Financial Monitoring Technical Assistance Guide Revised 4/4/2013

2 CFR Chapter II, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards For Auditees

December 26, 2014 NEW ADDITIONAL December 26, 2014 beginning December 26, /31/15, 6/30/16 Contents Reference Origin Appendix

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. AUSPAN Martha Taylor

OMB CIRCULAR A-133 SUPPLEMENTAL FINANCIAL REPORT

Grant Closeout Process

Department of Contracts, Grants and Financial Administration, Texas Education Agency 1/26/18

GRANTS AND CONTRACTS (FINANCIAL GRANTS MANAGEMENT)

Discretionary Grants Overview. Why This Session Is Needed. Lesson Overview & Module Objectives. Modifications: when, why, and how

AN INTRODUCTION TO FINANCIAL MANAGEMENT FOR GRANT RECIPIENTS. National Historical Publications and Records Commission

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (New Uniform Guidance)

What were the Changes from the OMB Circulars to the Uniform Guidance Bag Lunch Webinar June 21, 2016

Post Uniform Grant Guidance implementation from an auditor perspective

OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

WORKFORCE DEVELOPMENT BOARD Workforce Innovation and Opportunity Act Area 8

Grants - Uniform Guidance/Tracking & Reporting. Presented by: Marc Grace, CPA, Partner Stephen Emery, CPA, Manager

Federal Government Grants:

PREPARATION GUIDE. for. North Carolina State COMPLIANCE SUPPLEMENT. for the Year 2018

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF THE DEPUTY SECRETARY WASHINGTON, DC

Delayed Federal Grant Closeout: Issues and Impact

Implementing the OMB s Super Circular (aka UGG) Presented by: Anne Fritz, Finance Director, City of St. Petersburg, Florida

OMB Uniform Guidance ( UG ) Briefing. ASRSP & OSR Brown Bag Tuesday, January 27 th

EXHIBIT A SPECIAL PROVISIONS

TEXAS GENERAL LAND OFFICE COMMUNITY DEVELOPMENT & REVITALIZATION PROCUREMENT GUIDANCE FOR SUBRECIPIENTS UNDER 2 CFR PART 200 (UNIFORM RULES)

Effective Grants Management

Federal Rules for Sponsored Programs. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200

PROCUREMENT POLICY FOR FEDERAL GRANTS

Match and Leveraged Resources

Subawards and Subrecipient Monitoring

Pennsylvania Association of School Business Officials

Subrecipient vs. Contractor: Guidance on Appropriate Classification of Legal Relationship

Safeguarding Federal Funds

The State of Texas HELP AMERICA VOTE ACT PROVIDE THE SAME OPPORTUNITY FOR ACCESS AND PARTICIPATION TO INDIVIDUALS WITH DISABILITIES

RACE TO THE TOP EARLY LEARNING CHALLENGE

Department of Defense Education Activity (DoDEA) DIVISION I: AWARD COVER PAGES

Something for Everyone: Adjusting to the OMB s Super Circular May 25, :30 10:10 am 2 CPE

Felipe Lopez, Vavrinek, Trine, Day & Co., LLP

Subject: Financial Management Policy for Workforce Investment Act Funds

OMB Uniform Guidance 2 CFR Part 200

GATA GRANT ACCOUNTABILITY AND TRANSPARENCY ACT OVERVIEW T.H.E. CONFERENCE

Grants Administration 101 Capacity and Competitive. Session 21 April 24, 2018 Presenter: Maggie Ewell Senior Policy Advisor, OGFM

CHAPTER 10 Grant Management

STATE APPROPRIATIONS. State Project/Program: COMMUNITY BASED PROGRAM / MENTAL HEALTH PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS (PATH)

Grants Administration 101 Capacity and Competitive. Session 21 April 24, 2018 Presenter: Maggie Ewell Senior Policy Advisor, OGFM

The Uniform Guidance and Procurement TEXAS ASSOCIATION OF COUNTY AUDITORS

2012 OMB Circular A-133 Compliance Supplement

NORTH CAROLINA CHILD TREATMENT PROGRAM (NC CTP) Senate Bill 402-Ratified Session Law , Section 12F.3. (a)

Playing by the Rules

Insurance & Federal Claims Services (IFCS)

Hello. National Grants Management Association Monthly Training November 16, Eric J. Russell, CIA, CGAP, CGMS, MPA Crowe Horwath LLP

May CGHSFOA Accounting Conference Cheyenne Mountain Resort Colorado Springs May 15, Neal Christensen, CPA, CGMA Neal

EDGAR and Procurement CHOICE PARTNERS OCTOBER 12, 2016

Transcription:

Subrecipient Monitoring Under the New Uniform Guidance Steven A. Spillan, Esq. sspillan@bruman.com Spring Forum 2015 AGENDA What is a pass through entity? How a does a pass through entity s responsibilities change under the uniform grant guidance? GAN Information requirements Risk assessment Enhanced monitoring/performance metrics Enforcement 2 What is a passthrough entity? 3 1

Definitions 200.74, Pass through entity non Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. 200.93, Subrecipient a non Federal entity that receives a subaward from a pass through entity to carry out part of a Federal program. 200.23, Contractor (replaces term vendor (used in A 133)) means an entity that receives a contract. 4 Types of Grant Agreements 200.201, Pass through entity must decide on the appropriate instrument for the Federal Award: Grant agreement Cooperative agreement Contract 5 Fixed Amount Awards Fixed amount awards (New) (See 200.332 and 200.45) Requires prior approval from Federal awarding agency Payments are based on meeting specific requirements of the Federal Award Accountability is based on performance and results Award amount is negotiated using cost principles as a guide (Up to Simplified Acquisition Threshold (currently $150,000)) No governmental review of the actual costs incurred Significant changes (i.e., principal investigator, project partner or scope) must receive prior awarding agency written approval 6 2

Determination of Nature of Funding 200.330 A Pass through entity must make a case by case determination as to whether each agreement casts the party as a subrecipient or contractor. Look at the nature of the relationship. It does not matter what the agreement is called. Subaward Allowable activities based on applicable statute, local plan, State rules Management rules Applicable OMB Circular; and State law/policies and procedures Contract Allowable activities based on terms and conditions of contract Management rules Terms of the contract; and State contract law Subaward vs. Contract Subrecipient 200.330(a) Determines who is eligible to participate in a federal program Has its performance measured against whether the objectives of the federal program are met Is responsible for programmatic decision making Is responsible for complying with federal program requirements Uses the federal funds to carry out a program as compared to providing goods or services for a program 8 Subaward vs. Contract (cont.) Contractor 200.330(b) Provides the goods and services within normal business operations Provides similar goods or services to many different purchasers Operates in a competitive environment Provides goods or services that are ancillary to the operation of the federal program Is not subject to compliance requirements of the federal program 9 3

OMB/COFAR shifted many new responsibilities to the pass through 10 GAN New Information Requirements 11 Specific Requirements for Pass Through Entities (200.331(a)) Ensure that every subaward contains the following information relating to federal award identification (13 data points): 1. Subrecipient name (must match the name associated with its unique entity identifier) 2. Subrecipient unique entity identifier 3. Federal Award Identification Number (FAIN) 4. Federal Award Date 12 4

Specific Requirements for Pass Through Entities (200.331(a)) (cont.) 5. Period of performance start and end date 6. Amount of federal funds obligated by this action 7. Total amount of federal funds obligated to the subrecipient 8. Total amount of the federal award 9. Federal award project description for FFATA purposes 13 Specific Requirements for Pass Through Entities (200.331(a)) (cont.) 10. Name of federal awarding agency, pass through entity, and contact official 11. CFDA Number and Name; the pass through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement 12. Whether the award is for research and development 13. The indirect cost rate 14 Specific Requirements for Pass Through Entities (200.331(a)) (cont.) The pass through must reference the requirements of the federal grant and any additional requirements imposed by the pass through (e.g., identification of any required financial and performance reports) (incorporated by reference) 15 5

Specific Requirements for Pass Through Entities (200.331(a)) (cont.) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government Appropriate terms and conditions concerning closeout of the subaward 16 Specific Requirements for Pass Through Entities (200.331(a)) (cont.) Pass through must seek an assurance from subgrantees that access will be provided to records and financial statements 17 New Risk Management Requirements for Pass Through Entities 18 6

Pass through must evaluate each subrecipient s risk of non compliance (federal statute/regulations/terms of award) for purpose of monitoring. (200.331(b)) Timing: before applicant receives funding?? 19 (200.331(b)) Risk Factors, may include consideration of: 1. Subrecipient s prior experience with the grant program 2. Results of previous audits 3. New personnel or substantially changed systems 4. Results of federal monitoring 20 Specific Conditions 200.331(b) and 200.207 Pass through must consider imposing additional federal award conditions, if appropriate, such as: Require reimbursement; Withhold funds until evidence of acceptable performance; More detailed reporting; Additional monitoring; Require grantee to obtain technical or management assistance; or Establish additional prior approvals. 21 7

New Enhanced Monitoring/ Performance Metrics 22 (200.331(d)) Monitoring Pass through must monitor its subrecipients to assure compliance and performance goals are achieved 23 (200.331(d)) Monitoring Monitoring must include: 1. Review of financial and programmatic reports 2. Ensuring corrective action 3. Issue a management decision on audit findings 24 8

Performance Metrics 200.328(b)(2) Non construction performance reports: pass through must submit performance reports at least annually, using OMBapproved government wide standard information collections 25 Measuring Performance: Performance Metrics 200.328(b)(2) The performance reports must include: 1. Comparing actual accomplishments to the objectives established by the federal award a. Where the accomplishments of the federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful b. If performance trend data is useful, federal awarding agency should include this as a performance reporting requirement 26 Measuring Performance: Performance Metrics 200.328(b)(2) (cont.) 2. The reasons why established goals were not met, if appropriate 3. Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs 4. Significant developments, problems, delays, adverse conditions 5. Favorable developments 27 9

Recommendations for Monitoring Tools (200.331(e)) Depending on assessment of risk, the following monitoring tools may be useful for the pass through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: 1. Training + technical assistance on program related matters 2. On site reviews 3. Arranging for agreed upon procedures engagements (described in 200.425 Audit Services) 28 Audit Resolution (200.331(e)) Pass through must verify all required subrecipients have single audits Audit threshold raised from $500K (A 133 circular) to $750K (uniform grant guidance) Places greater burden on pass through 29 Additional Monitoring??? Uniform grant guidance NPRM (February 1, 2013) proposed reduction in number of types of compliance requirements in the compliance supplement. Many pass-throughs opposed this reduction because of burden on them. 30 10

200.331(g) Pass through must adjust its own financial records based on audits monitoring, on site reviews 31 Enforcement (new for IHEs, Hospitals and Non Profits) 32 200.331(h) Pass throughs must consider taking enforcement action based on noncompliance, including: Temporarily withholding cash payments pending correction Disallowing all or part of the cost Wholly or partly suspending the award Recommending suspension/debarment to federal awarding agency Withholding further federal awards Other remedies that may be legally available 33 11

200.339 The pass through may terminate the award for cause with notice and opportunity for hearing (200.340 and 200.341) 34 Important Internal Controls Oversight responsibility for subrecipient monitoring is tied very closely to internal controls that nonfederal entities, including pass through entities, are required to have in place. This includes having: well trained and knowledgeable staff members; sufficient resources (financial and staffing) dedicated to subrecipient monitoring; oversight managers with knowledge to identify the most appropriate methods/tools and extent of monitoring to be used ( 200.331(e)(1)); indicators to help identify risks from outside factors that may affect a subrecipient s performance (those related to economic conditions, political changes, regulatory changes or unreliable information) ( 200.331(b)); 35 Internal Controls (Cont.) Official written policies and procedures (e.g., methodology for resolving findings of noncompliance or internal control weaknesses) ( 200.303; 200.331(e)); Follow up processes to ensure timely appropriate actions are taken or completed on a subrecipient s reported deficiencies ( 200.331(d)(2)); and Reviews of the subrecipient s financial and programmatic reports ( 200.331(d)(1)). 36 12

This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client lawyer relationship with and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow up questions or communications arising out of this presentation with any attorney at does not create an attorney client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. 37 13