1 Florida Department of Education Division of Vocational Rehabilitation Grants Management Workshop...
119
1 Florida Department of Education Division of Vocational Rehabilitation Grants Management Workshop Michael Brustein, Esq. Brustein & Manasevit 3105 South Street, NW Washington, DC 20007 [email protected]www.bruman.com
1 Florida Department of Education Division of Vocational Rehabilitation Grants Management Workshop Michael Brustein, Esq. Brustein & Manasevit 3105 South
1 Florida Department of Education Division of Vocational
Rehabilitation Grants Management Workshop Michael Brustein, Esq.
Brustein & Manasevit 3105 South Street, NW Washington, DC 20007
[email protected] www.bruman.com
Slide 2
2 Federal Rules That Apply to the State Vocational
Rehabilitation Program 1.EDGAR 2.VR Program Regulations 3.WIA
Regulations
Slide 3
3 EDGAR http://www.ed.gov/policy/fund/reg/edgarReg /edgar.html
Part 74 Administration of Grants with Nonprofits Part 76
State-Administered Programs Part 77 Definitions Part 79
Intergovernmental Review Part 80 Uniform Administrative
Requirements*
Slide 4
4 EDGAR cont Part 81 Enforcement Part 82 Lobbying Part 85
Debarment and Suspension Part 86 Drug and Alcohol Abuse
Slide 5
5 EDGAR Part 80 1.High Risk Grantees 2.Standards for Financial
Management 3.Payments 4.Allowable Costs 5.Availability of Funds
6.Cost Sharing 7.Program Income 8.Non-Federal Audit 9.Changes
10.Real Property 11.Equipment 12.Supplies 13.Copyright 14.Debarment
15.Procurement 16.Monitoring 17.Financial Reporting 18.Retention of
Records
Slide 6
6 VR Program Regulations Part 361 State VR Services Program
Part 363 State Supported Employment Services Part 364 General
Provisions State Independent Living Services Program Centers for
Independent Living Programs
Slide 7
7 VR Program Regulations cont Part 365 State Independent Living
Services Part 366 Centers for Independent Living Part 367
Independent Living Services for Older Individuals who are Blind
Part 369 VR Service Projects Part 370 Client Assistance
Program
Slide 8
8 WIA Regulations 20 CFR Part 662 One-Stop Service Delivery
System 29 CFR Part 37 DOL Non-discrimination Regulations If VR
activities are conducted as part of the One-Stop System
Slide 9
9 Legal Structure of Federal Programs Statutes Program statutes
(VR, WIA) General Education Provisions Act (GEPA) Regulations
Program regulations Education Department General Administrative
Regulations (EDGAR) OMB Circulars Guidance
Slide 10
10 VR/WIA Crosswalk State VR unit must carry out the following:
1.Make core services available to VR participants through the
One-Stop System 2.Use a portion of the VR funds to a.Create and
maintain the One-Stop service delivery system b.Provide core
services 3.Enter into MOU with WIB 4.Participate in the
organization of the One-Stop System consultant with MOU 5.Provide
representation on local WIB 300 CFR 361.23
Slide 11
11 Resource Sharing / Cost Sharing under VR/WIA
Slide 12
12 The One-Stop is not a direct recipient of federal funds. It
is a location through which several federal programs operate their
programs
Slide 13
13 One-Stop partner programs must maintain appropriate
accounting of federal funds.
Slide 14
14 In the One-Stop environment, some costs benefit more than
one program or organization.
Slide 15
15 Costs must be allocated to the benefiting program based on
benefits received, not availability of funds.
Slide 16
16 No one partner should pay a disproportionate share of the
One-Stop costs.
Slide 17
17 Cost Pooling- distributes both shared direct and indirect
costs, and involves the accumulation of costs to pools for later
allocation to final cost objectives.
Slide 18
18 Appropriate to use cost pooling if direct charging requires
disproportionate effort to determine the precise charge to the
individual cost objective used for common costs in a One-
Stop.
Slide 19
19 Once costs are accumulated in the One- Stop, they must be
allocated to the benefiting programs. e.g. - % of salary costs /
time assigned to activities % of units of service provided % of
usage of space
Slide 20
20 Application of A-87 Attachment A, paragraph C.3 When an item
of cost is allowable under and allocable to two or more awards, the
costs may be charged to: 1.Any one of the awards 2.All of the
awards based on benefits received 3.Awards based on mutually
agreeable methodology
Slide 21
21 A program that does not benefit from the cost cannot pay for
it Cost Shifting
Slide 22
22 Helpful Questions to Ask Is the proposed cost consistent
with federal cost principles? Is the proposed cost allowable under
the relevant program? Is the proposed cost consistent with program
specific fiscal rules? Is the proposed cost consistent with
EDGAR?
Slide 23
23 Federal Cost Principles
http://www.whitehouse.gov/omb/circulars/ A-21 Educational
Institutions A-87 State, Local & Indian Tribal Governments
A-122 Non-Profit Organizations 48 CFR pt. 31 For-Profit
Organizations
Slide 24
24 Cost Principles: Basic Guidelines All Costs Must Be:
Necessary Reasonable Allocable Legal under state and local law
Slide 25
25 Basic Guidelines (cont.) In addition, all costs must:
Conform with federal law & grant terms Consistently treated In
accordance with GAAP Not included as match Net of applicable
credits Adequately documented
Slide 26
26 Basic Guidelines (cont.) Necessary and Reasonable Must be
necessary for the performance or administration of the grant Must
follow sound business practices: Arms length bargaining (hint:
procurement processes) Follow federal, state and local laws Follow
terms of the grant award Fair market prices Act with prudence under
the circumstances No significant deviation from established
prices
Slide 27
27 Basic Guidelines (cont.) Allocable Can only charge in
proportion to the value received by the program Example: One-Stop
purchases a computer to use 50% in the VR program and 50% WIA Title
I Program can only charge half the cost to VR Legal under state and
local law If cannot do under state law, cannot pay with federal
funds
Slide 28
28 Basic Guidelines (cont.) Conform with federal law &
grant terms Example: Match Requirements Consistently treated Must
follow uniform policies that apply equally to federal and
non-federal activities Cannot assign cost as direct cost if
indirect under state programs
Slide 29
29 Basic Guidelines (cont.) In accordance with GAAP Not
included as match Net of applicable credits Examples: purchase
discounts, rebates or allowances, recoveries or indemnities on
losses, insurance refunds or rebates, adjustments of
overpayments
Slide 30
30 Basic Guidelines (cont.) Adequately documented Amount of
funds under grant How the funds are used Total cost of the project
Share of costs provided by other sources* Records that show
compliance Records that show performance Other records to
facilitate an effective audit
Slide 31
31 Federal Cost Principles: Selected Items of Costs 43 specific
costs detailed Listed in alphabetical order
Slide 32
32 Selected Items of Cost (cont.) Advertising/PR Generally not
allowable, except as specified in Attachment B Alcohol Not
allowable Audit Costs Allowable to the extent provided under A-133
Other audit costs are allowable if included in a cost allocation
plan
Slide 33
33 Selected Item of Cost (cont.) Salaries and Wages Allowable
if proper time distribution records Fringe Benefits Allowable if:
(1) established written leave policies; (2) cost equitably
allocated to all related activities; and (3) accounting basis
consistently followed Severance Pay/Terminal Leave Normal:
Allowable as indirect cost Abnormal: Allowable if approved by
cognizant federal agency
Slide 34
34 Compensation for Personal Services Overview of process:
Estimate how employee will work Pay based on estimate Reconcile
estimates to how actually worked Necessary documentations Payroll
records Time and effort records
Slide 35
35 Support of Salaries and Wages Payroll must be documented in
accordance with grantee/subgrantees generally accepted accounting
practice Charges must be approved by a responsible official of the
grantee/subgrantee
Slide 36
36 Time Distribution OMB Circular A-87 If federal funds are
used for salaries time and effort records must be kept Must
demonstrate that employees paid with federal funds actually worked
on the specific federal program Applies to all employees who are
paid with federal funds
Slide 37
37 General Requirement Type of documentation depends on how
many cost objectives the employee worked on These cost objectives
must be connected to the employees salary source What is a cost
objective? A specific grant award, or other category of costs, that
requires the grantee to track specific cost information
Slide 38
38 Cost Objective Multiple cost objectives: More than one
Federal award A Federal award and a non-Federal award; A Federal
award with specific earmarking (set- asides) or matching
requirements; An indirect cost activity and a direct cost activity;
Two or more indirect activities which are allocated using different
allocation bases; or An unallowable activity and a direct or
indirect cost activity.
Slide 39
39 Single Cost Objective If an employee works on a single cost
objective: Semi-Annual Certification Signed by employee or
supervisor every six months Example: I hereby certify that for the
period January 1, 2005 through June 30, 2005 one-hundred percent
(100%) of my time and effort was spent on VR Administration.
Slide 40
40 Definition of Administrative Costs Under the State Plan
1.Quality Assurance 2.Budgeting, Accounting, Financial Management,
Information Systems, Data Processing 3.Providing Information to
Public 4.T/A to other state agencies, nonprofits, businesses,
except those not subject to ADA
Slide 41
41 Definition of Administrative Costs Under the State Plan cont
5.State Rehab Council and Other Advisory Committees 6.Professional
Organization Membership Dues for Designated State Unit Employees
7.Removal of Architectural Barriers in State VR Facilities
8.Operating and maintaining State unit facilities, equipment,
grounds
Slide 42
42 Definition of Administrative Costs Under the State Plan cont
9.Supplies 10.Personnel Development 11.Admin Salaries 12.Travel
costs related to carrying out the program, other than travel costs
related to provision of services 13.Costs of Eligibility
Determinations, Mediations, Due Process Hearings 14.Legal
Expenses
Slide 43
43 Single Cost Objective (cont.) Flexibility Payroll
certification in lieu of semi- annual certification 1.Single cost
objective 2.Supervisor cannot assign multiple functions 3.Employee
coded to dedicated function not benefiting multiple functions
Slide 44
44 Multiple Cost Objectives If an employee works on multiple
cost objectives: Personnel Activity Report (PAR) or equivalent
documentation After the fact Account for total activity Signed by
employee Prepared at least monthly and coincide with one or more
pay periods
Slide 45
45 Multiple Cost Objectives (cont.) Time increments reported on
PARs should be sufficient to recognize: Number of different
activities performed The dynamics of these responsibilities
Slide 46
46 Sample PAR
Slide 47
47 Sample PAR
Slide 48
48 Flexibility Substitute systems Must be approved by state (if
ED has approved state procedures) Can include: Random moment
sampling Case counts Other quantifiable measures of employee
effort
Slide 49
49 Distributing Payroll Costs 1.Estimate how employee will work
Must produce reasonable approximations of the activity actually
performed 2.Quarterly comparison of estimates to actual costs If
difference is less than 10% - annual adjustment If difference is
more than 10% - quarterly adjustment
Slide 50
50 Selected Items of Cost (cont.) Defense and Prosecution of
Criminal and Civil Proceedings, and Claims Legal expenses required
in the administration of federal programs are allowable Legal
expenses for prosecution of claims against the federal government
are not allowable
Slide 51
51 Selected Items of Cost (cont.) Employee Morale, Health and
Welfare Health or first aid clinics, recreational activities,
employee counseling services are allowable Entertainment Amusement,
diversion, and social activities are not allowable Fines and
Penalties Not allowable
Slide 52
52 Selected Items of Cost (cont.) Lobbying Costs of activities
that are meant to influence the grant process are unallowable
Maintenance, Operations & Repairs Utilities, insurance,
security, janitorial services, elevator service, upkeep of grounds,
necessary maintenance, normal repairs & alterations are
allowable if: 1.Keep property in efficient operating condition 2.Do
not add to permanent value or appreciably prolong propertys
intended life
Slide 53
53 Select Items of Cost (cont.) Memberships, Subscriptions and
Professional Activities Meetings and conference where the primary
purpose is dissemination of technical information are allowable
Includes costs of meals, transportation, facility rental, and
speakers fees
Slide 54
54 Selected Items of Cost (cont.) Training Training for
employee development is allowable Travel costs, including
transportation, lodging, subsistence, and related items, when
traveling on business are allowable with certain restrictions
Slide 55
55 Financial Management
Slide 56
56 Understanding the Nature of the Federal Funding Cooperative
Agreement Direct Grant Subgrant Contract
Slide 57
57 Nature of Funding Cooperative Agreement Very similar to a
grant Substantial involvement is expected between the executive
agency and recipient
Slide 58
58 Nature of Funding (cont.) Direct Grant (e.g., funds received
directly from ED) Very similar to a cooperative agreement No
substantial involvement between agency and recipient allowable
activities based on applicable statute, approved project plan
Slide 59
59 Nature of Funding (cont.) Subgrant (e.g., pass-through funds
from state administered program) Allowable activities based on
applicable statute, local plan, state rules
Slide 60
60 Nature of Funding (cont.) Contract Allowable activities
based on terms and conditions of contract Management rules: Terms
of the contract State contract law
Slide 61
61 Subgrant vs. Contract Sugrantee 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
Slide 62
62 Subgrant vs. Contract (cont.) Contractor 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
Slide 63
63 What rules apply to matching under VR?
Slide 64
64 The Commissioner shall pay to a state an amount equal to the
federal share of the cost of VR services under the plan, including
expenditures for administration of the plan. Sec. 111(a) of
Rehabilitation Act
Slide 65
65 The Federal Share is 78.8%
Slide 66
66 Nonfederal share Subject to: 34 CFR 80.24 of EDGAR
Slide 67
67 But third party in-kind contribution may not be used Cash
contributions by private entities generally may be used as match
361.60
Slide 68
68 FMS Rules for States 34 CFR 80.20(a) State may follow own
laws and procedures, as long as FMS sufficient to: Permit
preparation of all required reports Permit tracing of funds to
specific expenditures
Slide 69
69 FMS Rules for Grantees/Subgrantees 34 CFR 80.20(b) All other
grantees and subgrantees must implement an FMS that meets 7
specific requirements
Slide 70
70 FMS Rules for grantees/subgrantees 7 requirements: Financial
Reporting Accounting Records Internal Control Budget Control
Allowable Cost Source Documentation Cash Management
Slide 71
71 Financial Reporting Accurate, current and complete
disclosure of financial information All financial reports required
by ED Consistent with GASB Rule 34
Slide 72
72 Accounting Records Must identify source and application of
funds (expenditure level detail) Must contain information related
to: Award amount Authorizations Obligations Unobligated balances
Assets Liabilities Outlays or expenditures Income
Slide 73
73 Internal Controls ED is subject to laws requiring it to
monitor internal controls Improper Payment Act of 2002 Federal
Managers Financial Integrity Act of 1982 Single auditors are
required to test internal controls
Slide 74
74 Internal Controls Internal controls are tools to help
program and financial managers achieve results and safeguard the
integrity of their programs Includes processes for planning,
organizing, directing, controlling, and reporting on agency
operations
Slide 75
75 Objectives of Internal Control Effectiveness and efficiency
of operations Reliability of financial reporting Compliance with
applicable laws and regulations Safeguarding assets
Slide 76
76 Budget Control Must compare actual expenditures to budgeted
amounts on a routine basis
Slide 77
77 Allowable Cost Must follow applicable cost principle to
determine reasonableness, allowability, and allocability of all
costs A-21 Educational Institutions A-87 State, Local & Indian
Tribal Governments A-122 Non-Profit Organizations 48 CFR pt. 31
For-Profit Organizations
Slide 78
78 Source Documentation Type of documents: Canceled checks (or
similar bank record) Paid bills Payrolls Time and attendance
records Contract and subaward documents Electronic copies ok Must
retain for at least 3 years, but statute of limitations = 5
years
Slide 79
79 Cash Management
Slide 80
80 Cash Management Payment Process Obligation Liquidation
Drawdown Payment
82 Obligations (cont.) Acquisition of PropertyDate of binding
written commitment Personal Services by Employee When services are
performed Personal Services by Contractor Date of binding written
commitment TravelWhen travel is taken
Slide 83
83 Obligations (cont.) Every grant has a period of availability
= period in which grantee can obligate funds In general, ED cannot
extend the period of availability
Slide 84
84 Obligations (cont.) Grantees and subgrantees may begin to
obligate funds when: Awarding agency approves application; or
Awarding agency determines application is substantially approvable
Reimbursement subject to final approval Pre-award costs Only for
obligations made after the period of availability begins but before
application approved Must have prior approval from awarding
agency
Slide 85
85 Obligations (cont.) Tydings Amendment Allows extra year to
obligate funds Does not apply to all grants Under Tydings, funds
are available for 24- 27 months: 12-15 months under the grant award
(July 1, 2006 September 30, 2007) Plus 12 months (October 1, 2007
September 30, 2008)
Slide 86
86 Obligations (cont.) In order to have a valid obligation
there must be: A transaction giving rise to an obligation within
the period of availability; and A linking of the transaction with
funds that were available during the period of availability.
Linking a transaction to particular grant funds can occur long
after the period of availability ends
Slide 87
87 Obligations (cont.) Linking example: Transaction occurs on
August 1, 2005 Available funds include: 2003-2004 Funds (became
available 7/1/03) 2004-2005 Funds (became available 7/1/04)
2005-2006 Funds (became available 7/1/05)
Slide 88
88 Liquidations 34 CFR 80.23 Liquidation = Settle an obligation
by paying funds
Slide 89
89 Cash Management (cont.) State must liquidate all obligations
within 90 days after the end of the period of availability Example:
Period of availability: July 1 September 30 Liquidation period
ends: December 30 State may impose shorter deadline on
subgrantee
Slide 90
90 Liquidations (cont.) Lapsed funds is a risk factor To avoid
lapsing: Obligate oldest funds first First In First Out (FIFO)
method of accounting Remember linking
Slide 91
91 Payments Special rules if receive advance payment Must
expend funds within 3-days Must maintain written procedures for
timing drawdowns and payments Interest must be paid back to ED
(over $100)
Slide 92
92 Procurement
Slide 93
93 Rules for States 34 CFR 80.36(a) States may use their own
policies and procedures to procure goods and services But, must
include required provisions in all contracts supported with federal
funds
Slide 94
94 Rules for Grantees/Subgrantees All other grantees and
subgrantees must follow policies and procedures that meet the
standards set out in 34 CFR 80.36(b)-(i)
Slide 95
95 Ensuring Purchases are Necessary All costs have to be
necessary for the performance or administration of the federal
grant Therefore, must review all proposed purchases to avoid
unnecessary or duplicative items Surplus property Structure
procurement to obtain most economical purchase Intergovernmental
agreement for common goods or services Lease vs. purchase
Slide 96
96 Open Competition All procurement transactions must be
conducted with full and open competition: Must have written code of
conduct for all employees engaged in the award and administration
of contracts (must address conflicts of interest) Must have protest
procedures to handle disputes
Slide 97
97 Open Competition (cont.) Situations that restrict
competition: Unreasonable requirements on vendors to qualify to do
business Pre-qualified lists should not limit competition Requiring
unnecessary experience or excessive bonding Noncompetitive pricing
practices Noncompetitive awards to consultants on retainer
Organizational conflicts of interest Specifying a brand name
In-state or local preferences
Slide 98
98 Role of Cost/Price All costs must be reasonable: Fair market
value Arms length bargaining Act with prudence under the
circumstances
Slide 99
99 Role of Cost/Price (cont.) Must perform a cost or price
analysis in connection with every procurement action, including
contract modifications Cost analysis generally means evaluating the
separate cost elements that make up the total price (including
profit) Price analysis generally means evaluating the total
price
Slide 100
100 Role of Cost/Price (cont.) Method and degree of cost or
price analysis depends on the particular facts and circumstances
Must make independent estimate before receiving bids or proposals
Goal of analysis is to determine reasonableness
Slide 101
101 Vendor Selection Process Must have written selection
procedures Procedures must ensure all solicitations: Include a
clear and accurate description of technical requirements Identify
all requirements vendor must fulfill Identify evaluation
factors
Slide 102
102 Vendor Selection Process (cont.) Method of procurement:
Small purchase procedures Competitive sealed bids Competitive
proposals Noncompetitive proposals
Slide 103
103 Vendor Selection Process (cont.) Noncompetitive proposals
appropriate only when: The good or services is available only from
a single source (sole source) There is a public emergency The
awarding agency authorizes After soliciting a number of sources,
competition is deemed inadequate
Slide 104
104 Vendor Selection Process (cont.) Must perform a cost
analysis in connection with every noncompetitive contract Must
ensure contractor price is reasonable Must ensure contractor not
using market power to force higher price
Slide 105
105 Vendor Selection Process (cont.) As a practical matter,
noncompetitive contract raises red flags Ensure persuasive and
adequate documentation to facilitate audit
Slide 106
106 Vendor Selection Process (cont.) Can only contract with
responsible contractors possessing the ability to perform
successfully: Contractor integrity Compliance with public policy
Record of past performance Financial and technical resources
Slide 107
107 Vendor Selection Process (cont.) Retain records to
document: Rationale for the method of procurement Selection of
contract type Contractor selection or rejection Basis for contract
price
Slide 108
108 Contract Administration All contracts supported with
federal funds must contain certain required provisions: Remedies
for breach, sanctions, penalties Termination for cause and
convenience Compliance with federal statutes and executive orders
Reporting requirements Patent rights Copyrights Access by federal
agency, Comptroller General of US to records of contractor
Retention of records for 3 years after final payment
Slide 109
109 Contract Administration (cont.) Must maintain a contract
administration system that ensures contractors perform in
accordance with the terms, conditions, and specifications of the
contract
Slide 110
110 Contract Administration (cont.) As a practical matter: Must
have written contracts (purchase order ok) Contract should include
clearly defined deliverables Description of services to be
performed or goods to be delivered Description of dates when
services will be performed or goods delivered Description of
locations where services will be performed or goods delivered
Description of number of students/teachers/etc. to be served (if
applicable)
Slide 111
111 Contract Administration (cont.) As a practical matter
(cont.) Must have written invoice Description of services performed
or goods delivered Description of dates services were performed or
goods delivered Description of location services were performed or
goods delivered Description of students/teachers/etc. served (if
applicable Invoice should be reviewed & approved before payment
Segregation of duties Documented approvals
Slide 112
112 Inventory Management
Slide 113
113 Rules for States 34 CFR 80.32(b) States may use their own
policies and procedures to use, manage, and dispose of
equipment
Slide 114
114 Inventory Management 34 CFR 80.32 Different rules for
equipment and supplies Equipment Federal Definition of Equipment
Tangible personal property Useful life of more than one year
Acquisition cost of $5,000 or more State may use another definition
as long as it includes all property described above Supplies
Everything else
Slide 115
115 Equipment Must have adequate controls in place to account
for: Location of equipment Custody of equipment Security of
equipment
Slide 116
116 Equipment (cont.) Property records Description, serial
number or other ID, title info, acquisition date, cost, percent of
federal participation, location, use and condition, and ultimate
disposition Physical inventory At least every two years Control
system to prevent loss, damage, theft All incident must be
investigated
Slide 117
117 Equipment (cont.) Must protect against unauthorized use May
use for other projects as long as use is incidental and does not
interfere When property no longer needed, must follow disposition
rules: Transfer to another federal program Over $5,000 pay federal
share Under $5,000 no accountability
Slide 118
118 Supplies Must maintain effective control and accountability
Must adequately safeguard all such property Must assure that it is
used solely for authorized purposes
Slide 119
119 This presentation is intended solely to provide general
information and does not constitute legal advice. Attendance at the
presentation or later review of these printed materials does not
create an attorney-client relationship with Brustein &
Manasevit. You should not take any action based upon any
information in this presentation without first consulting legal
counsel familiar with your particular circumstances.