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ARRA_Summary_of_Requirements.jw.8-28-09

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					American Recovery and
  Reinvestment Act
         In
   South Carolina


           John White - SCOSE
Things to Remember
   This presentation is a summary of general
    requirements
   Source of funds matter
       Specific requirements of federal program
        providing funds may vary – You MUST review and
        follow specific guidance provided by federal
        agency distributing funds
       Federal agency distributing funds must issue
        supplemental guidance on jobs reporting for funds
        they distribute
For more detailed information regarding
general requirements see:
 Implementing Guidance for the Reports on
  Use of Funds Pursuant to ARRA of 2009,
  OMB June 22, 2009
http://www.whitehouse.gov/omb/assets/memor
  anda_fy2009/m09-21.pdf
                      &
http://www.whitehouse.gov/omb/recovery_faqs/
                      &
 http://www.recovery.gov/
Updated Guidance to Agencies for
Implementing the American Recovery
and Reinvestment Act of 2009
- OMB April 3, 2009
    http://www.recovery.gov/sites/default/files/m09
    -15.pdf
    Remember this is guidance to Federal
    Agencies but provides valuable information
    and insight
Each Federal agency required to
establish website that includes
program specific requirements

     Domain name format:
     www.agency.gov/recovery
Each federal agency is required to
provide program specific
requirements with each grant

     This includes ARRA requirements
SC Comptroller General Site


   http://www.stimulus.sc.gov/

   SC Comptroller General directives to Agency
    Finance Directors on tracking funds
    http://stimulus.sc.gov/Reports.htm
Key Concepts & Terms
Determining Who You Are
                   Federal Agency




                   Prime Recipient
              (e.g. State Energy Office)




     Sub-recipient                     Vendor
  (e.g. Trident Tech)        (e.g. Acme Energy Auditing)


        Vendor
(Ajax Energy Services)
Terms and Abbreviations

   CCR – Central Contractor Registration. All prime
    recipients must be registered in the CCR database
    www.ccr.gov/FAQ.aspx
   DUNS – 9 digit identification number issued by Dun
    & Bradstreet for each physical location of a business
    organization http://fedgov.dnb.com/webform
   CFDA – Catalogue of Federal Domestic Assistance
    https://www.cfda.gov/index?s=main&mode=list&tab
    =list
Terms and Abbreviations Cont.

   Prime recipient – non-Federal entity that receives
    ARRA funds as a Federal award in the form of a
    grant, loan, or cooperative agreement directly from
    the Federal Government
   Sub-recipient – non-Federal entity that expends
    Federal awards received from another entity to carry
    out a Federal program but does not include an
    individual who is a beneficiary of such program
       See OMB Circular A-133 for additional information
       See OMB Circular A-110, Uniform Administrative
        Requirements for Grant and Agreements with Institutions of
        Higher Education, Hospitals, and other Non-profit
        Organizations, as codified in 2 CFR 215
       http://www.whitehouse.gov/OMB/circulars/
Terms and Abbreviations Cont.
   Vendor – a dealer, distributor, merchant, or other
    seller providing goods or services that are required
    for the conduct of a Federal program.
    Characteristics of a Vendor that distinguish it from a
    sub-recipient are:
       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; and
       Is not subject to compliance requirements of the Federal
        program
ARRA – General Provisions
   Preference for quick-start activities – ARRA Sec.
    1602
       Recipients shall give preference to activities that can be
        started and completed expeditiously
       Recipients shall use funds in a manner that maximizes job
        creation and economic benefit
   Funds remain available for obligation until
    September 30, 2010, unless otherwise provided in
    Act – ARRA Sec. 1603
       See specific guidance from Federal Agency or Prime
        Recipient for possibility of shorter time frame
   Funds may not be used for any casino or other
    gambling establishment, aquarium, zoo, golf course,
    or swimming pool – ARRA Sect. 1604
   Buy AMERICAN – ARRA Section 1605
       Applies to only construction, alteration, maintenance, or
        repair of a public building or public work
       All iron, steel, and manufactured goods used in project must be
        produced in US
       Applies regardless of size of projects
       Exceptions –
           Anyone seeking an exception must obtain determination of
            appropriateness and approval from the granting federal agency
           Federal Agency may have granted blanket exception (e.g. see DOE
            website for exception on projects contracted prior to ARRA)
           Federally approved exception possible were requirement will
            increase cost of overall project by 25%
           International Treaty exception does not apply to South Carolina
   Iron & Steel - all manufacturing processes must take place
    in the United States, except metallurgical processes
    involving refinement of steel additives.
   Manufactured Goods - ―A good brought to the construction
    site for incorporation into the building or work that has been
    processed into a specific form and shape, or combined with
    other raw material to create a material that has different
    properties than the properties of the individual raw
    materials‖
       no requirement with regard to the origin of components or
        subcomponents in manufactured goods used in the project, as
        long as the manufacturing occurs in the United States.
       e.g. iron or steel used as components or subcomponents of
        manufactured goods used in the project does not need to be
        produced in the United States.


                    Updated Implementing Guidance for
                    the ARRA of 2009 – OMB April 3, 2009
   Considerations regarding ARRA Buy American
    Provision may not apply where the Recovery Act
    requires the application of alternative Buy
    American requirements for iron, steel, and
    manufactured goods.
   What should you put in your solicitation?
         Require contractor to certify compliance with Buy American
          provision of ARRA or, if required in guidance documents
          provided by federal agency, other applicable Buy American
          provision(s)

                  Updated Implementing Guidance for
                  the ARRA of 2009 – OMB April 3, 2009
   Prevailing Wages & Fringe Benefits– ARRA Sect. 1606
       http://www.dol.gov/esa/WHD/contracts/dbra.htm
     Applies to only construction, alteration, or repair (including
      painting and decorating) of public buildings or public works
     Contract greater than $2,000

     Applies to Contractors and Subcontractors

     Reports submitted on Form WH-347

   Protecting State and Local Government and Contractor
    Whistleblowers – ARRA Sect. 1553
     Post Notice of Rights and Remedies -
      http://www.procurementlaw.sc.gov/MMO/legal/DDP/terms/MMO-
      legal-proc-docs.phtm
     http://www.recovery.gov/sites/default/files/Whistleblower+Poster.
      pdf
   US Comptroller General or Appropriate Inspector General –
    ARRA Sect. 902 & Sect. 1515
     Examine records related to contract

     Interview officers and employees
SPECIAL CONTRACTING PROVISIONS –
ARRA SECT. 1554
   To the maximum extent possible, contracts shall be
    awarded as fixed-price contracts through the use of
    competitive procedures.
   A summary of any contract awarded that is not fixed-
    price and not awarded using competitive procedures
    shall be posted in a special section of the federal website
    established under Section 1526 of ARRA
       Sole Source
       Emergency
       Procurements exempt from Consolidate Procurement Code?
       Indefinite Delivery Contracts?
       Interagency agreements?
Guidance on Competitive Fixed Price Contracts –
Unable to find Guidance for Non-Federal Recipients

   FAR not applicable to Non-Federal recipients
    but provides insight
   FAR Subpart 5.7—Publicizing Requirements
    Under the American Recovery and
    Reinvestment Act of 2009
       http://www.arnet.gov/far/current/html/Subpart%20
        5_7.html#wp1084394
       Will Federal Agency apply downstream to Non-
        Federal recipients?
FAR 5.705 Publicizing-post-award.
(b) Regardless of dollar value, if the contract action,
  including all modifications and orders under task or
  delivery order contracts, is not both fixed-price and
  competitively awarded, publicize the award notice
  and include in the description the rationale for using
  other than a fixed-priced and/or competitive
  approach. These notices and the rationale will be
  available to the public at the GPE, so do not include
  any proprietary information or information that would
  compromise national security. The following table
  provides examples for when a rationale is required.
    Description of Contract Action       Rationale Required


1   A contract is competitively          Not Required.
    awarded and is fixed-price.
2   A contract is awarded that is not    Required.
    fixed-price.
3   A contract is awarded without        Required.
    competition.
4   An order is issued under a new       Required if order is made under a contract described in (2)
    or existing single award IDIQ        or (3).
    contract.
5   An order is issued under a new       Required if one or both of the following conditions exist:
    or existing multiple award IDIQ      (i) The order is not fixed-price.
    contract.                            (ii) The order is awarded pursuant to an exception to the
                                         competition requirements applicable to the underlying
                                         vehicle (e.g., award is made pursuant to an exception to the
                                         fair opportunity process).
6   A modification is issued.            Required if modification is made—
                                         (i) To a contract described in (2) or (3) above; or
                                         (ii) To an order requiring posting as described in (4) or (5)
                                         above.
7   A contract or order is awarded       Required if one or both of the following conditions exist:
    pursuant to a small business         (i) the contract or order is not fixed-price;
    contracting authority (e.g., SBA’s   (ii) the contract or order was not awarded using competition
    section 8(a) program).               (e.g., a non-competitive 8(a) award).
This suggests the following regarding
ARRA Sections 1554 & 1526(c)(4)

   1. Applies regardless of value.
   2. Applies to indefinite delivery contracts
    (statewide or construction IDCs) depending
    on how it was awarded - see FAR table
    mentioned above.
Definition of phrase “Competitive
Procedures” in ARRA Section 1554
 Did not find anything that elaborates on
 whether that phrase includes any type of
 competition, e.g., two bids on a large
 emergency contract, or is limited to
 "competitive procedures" proscribed by law.
ARRA REPORTING – ARRA Sect. 1526

   State & Local Government Recipients –
    Implementing Guidance for the Reports on
    Use of Funds Pursuant to ARRA of 2009,
    OMB June 22, 2009
   Do not confuse your requirements with
    requirements placed on federal vendors
       Federal Contractor Reporting Requirements –
        Interim FAR 52.204-11
Reporting Continued
   Reporting Data entered at
    www.FederalReporting.gov
   Recipients and Sub-recipients begin reporting the
    quarter in which they receive an award
   Those receiving an award prior to Sept. 30, 2009
    must enter data for 1st report no later than October
    10th
       includes funding from February 17, 2009
   Data must be entered within 10 days after the end
    each subsequent quarter
   Corrections to reports must be made within 21 days
    after end of each quarter
   Each subsequent report is cumulative
Prime Recipient Ultimately
Responsible for ARRA Sect.
1512 Reporting Requirements
    Federal Guidelines allow delegation of reporting
    requirements to Sub-recipients. However, the SC
    Stimulus Oversight, Accountability, and Coordination
    Task Force has determined not to allow SC Prime
    Recipients to delegate reporting requirements.
Prime Recipient (e.g. SC Energy Office)
   Federal funding agency
   Award identification
   Recipient DUNS
   Parent DUNS
   Recipient CCR information
   CFDA number if applicable
   Recipient account number
   Project/grant period
   Award type, date, description, and amount
   Amount of ARRA funds expended to projects/activities
   Activity Code and description
   Project Description and status
   Job creation narrative and number
   Infrastructure expenditures and rationale, if applicable
   Recipient primary place of performance
   Recipient area of benefit
   Recipient officer names and compensation (Top 5)
   Total number and amount of small sub-awards – less than $25,000
Recipient Vendor (e.g. Acme Energy
Auditing) [Payment exceeds $25,000/Qtr.]
   DUNS or Name and zip code of
    Headquarters
   Expenditure Amount
   Expenditure description
Sub-recipient (e.g. Trident Tech.)

   Sub-recipient DUNS
   Sub-recipient CCR information
   Sub-recipient type
   Amount received by sub-recipient
   Sub-award date
   Sub-award period
   Sub-recipient place of performance
   Sub-recipient area of benefit
   Sub-recipient officer names and compensation (top
    5)
Sub-recipient Vendor (e.g. Ajax Energy
Services) [Payment exceeds $25,000/Qtr.]
   DUNS or Name and zip code of HQ
JOB REPORTING
   Report an aggregate number for the cumulative jobs
    created or retained
       Job created is a new position or an existing unfilled position
        that is filled
       Job retained is an existing position that would have been
        cut but for ARRA
       Estimates should be expressed as full time equivalents
   Provide a narrative description of employment
    impact
   Do not attempt to report on employment impact on
    materials suppliers and central service providers
    (―indirect‖ jobs) or local community induced jobs
Job Creation Formula

Cumulative ARRA funded hours worked (Qtr)
                                               = FTE
Cumulative hours in a full-time schedule (Qtr)
QUESTIONS?

				
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