Presentation on theme: "North Carolina Department of Agriculture & Consumer Services New Uniform Guidance 2 CFR 200 and Indirect Costs January 2015 Grants & Contracts Office."— Presentation transcript:
1North Carolina Department of Agriculture & Consumer Services New Uniform Guidance 2 CFR 200 and Indirect Costs January 2015 Grants & Contracts Office Training Presented by Kathryn Caler, M.L.S., Grants Administrator
2What is the new Uniform Guidance? The result of an effort lead by the Council On Financial Assistance Reform (COFAR) to streamline and eliminate duplicative guidance on federal grants.All Office of Management and Budget (OMB) guidance is now streamlined in 2 CFR Part 200.
3COFAR Priorities Strengthen program oversight Target risk and minimize burden on granteesStandardize business processes and dataWell trained workforce
4History There were two executive orders from the President. Reduce improper paymentsReduce administrative burdenCOFAR was established.One year period for public comment.Final uniform guidance date December 2013 for federal agencies.Uniform guidance became effective for new grants and federal grantees December
8Seven major parts of the 2 CFR Part 200 Acronyms and definitions – Subpart AGeneral provisions – Subpart BPre-federal award requirements and contents of federal awards – Subpart CPost federal award requirements – Subpart DCost principles – Subpart EAudit Requirements– Subpart FAppendices
9Acronyms and definitions – Subpart A Federal grant dictionary32 pages of definitionsHelpful if unsure of meaning of terminology or acronymsFor example:What is the “Federal award date”What is a “Grant agreement”What is the “period of performance”
10Acronyms and definitions – Subpart A Federal award date means the date when the Federal award is signed by the authorized official of the Federal awarding agency.Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302, 6304Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award.
11Acronyms and definitions – Subpart A §200.94 Supplies.Supplies means all tangible personal property other than those described in § Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. See also § Computing devices and Equipment.Use NCAS code for Equipment due to fixed asset inventory for computers.
12Subpart B – General Provisions This section of 8 pages broadly discusses the purpose, applicability, exceptions, authorities, supersession, effect on other issuances, agency implementation, OMB responsibilities, inquiries, review date, effective date, English language, conflict of interest and mandatory disclosures.
14Subpart B – General Provisions § Applicability.(a) General applicability to Federal agencies. The requirements established in this part apply to Federal agencies that make Federal awards to non-Federal entities. These requirements are applicable to all costs related to Federal awards.If you’re not sure if this applies to you, check with your grantor and ask.For food commodities, Subpart E - the cost principles do not apply.
15Subpart B – General Provisions SupersessionSupersedes the following OMB guidance documents and regulations under Title 2 of the CFRA-21 Cost principles for educational institutionsA-87 Cost principles for state, local and Indian tribal governmentsA-89 Federal domestic assistance program informationA-102 Grant awards and cooperative agreements with State and local governmentsA-110 Cost principles for non-profit organizationsA-133 Audits of States, local governments and nonprofit organizationsThose sections of A-50 related to auditors performed under Subpart F – Audit requirements
16Subpart B – General Provisions Effective /applicability dateAwards or amendments implemented by federal agencies after December 26, 2014New funding as of January 1, 2015Increases with changes in terms and conditions after January 1, 2015Audit requirements for fiscal years beginning on or after December 26, 2014.
17Subpart C – Pre-Federal Award Requirements and Contents of Federal Awards Subpart C, 9 pages, explains what the federal agency is required to do when posting an opportunity, performing merit reviews of applications, risk reviews, what are the standard application requirements, specific conditions which may be required when a grantee fails to comply with terms and conditions of a grant, certifications required, pre-award costs, and what information must be in any federal award such as the recipient name and DUNS number, total award and approved match or cost share, etc.
18200.204 & 205 Federal awarding agency review merit of proposals and risk posed by applicants NEW Merit review of proposals for cooperative agreements or competitive grantsA risk evaluation will be completed prior to any federal awardMay include evaluation of these factors:Financial stabilityQuality of management systemsHistory of performanceReports and findings from audits
19200.207 Specific conditions May include: Reimbursement payment rather than advance paymentWithholding authority to proceed to next phase, until receipt of evidence of acceptable performanceRequiring additional, more detailed financial reportsRequiring additional project monitoringRequiring technical assistance trainingRequiring additional prior approvals
20Subpart D - Post federal award requirements Standards for financial and program management Thirty two page section with important information for agencies with pass- through grants or subawardsConformance may involve changes in business practices for both the agency and divisionsEmphasis on monitoring and accountability
21Subpart D—POST FEDERAL AWARD REQUIREMENTS Standards for Financial and Program ManagementProperty StandardsProcurement StandardsPerformance and Financial Monitoring and ReportingSubrecipient Monitoring and ManagementRecord Retention and AccessRemedies for NoncompliancePost Close Out Adjustments and Continuing ResponsibilitiesCollection of Amounts Due
22Subpart D -200.302 Financial management Each State must expend and account for their federal award in accordance with state laws and its accounting system must:Identify receipts and expenditures, including the CFDA title and #, FAIN and year, name of federal agency and pass-through entity, if anyDisclose accurate, current and complete disclosure of financial resultsAdequately maintain the source and application of funds and be supported by source documentationDemonstrate adequate control over and accountability of all funds, property and other assets including comparison of budget to expenditures and have written procedures to implement requirements of payment, as well as allowability of costs.
23Subpart D 200.308 Revision of budget and program plans Recipients are required to report deviations from budget or project scope or objective and request prior approval forChange in scope or objectiveChange in key personnel specified in applicationDisengagement from the project for more than 3 months, or a 25% reduction in time devoted to the project, etc.
24Subpart D 200.308 Revision of budget and program plans Federal awarding agencies are authorized to initiate a one-time extension of the period of performance by up to 12 months. For one-time extensions, the recipient must notify the Federal awarding agency in writing with the supporting reasons and revised period of performance at least 10 calendar days before the end of the period of performance specified in the Federal award.
25Subpart D -200.328 Monitoring and reporting program performance Strengthen program oversightThe non-federal entity is responsible for oversight of the operations of the federal award supported activities. The non-federal entity must monitor its activities under federal awards to assure compliance with applicable federal requirements and performance expectations are being achieved. Monitoring by the non-federal entity must cover each program, function or activity.
26Subpart D Procurement Standards §200.317 -326 Modeled after A-102: State must follow the same policies and procedures it uses for procurements from its non-Federal funds; Others uses procurement standards in sectionsCOFAR FAQ creates a grace period for implementation of the Procurement Standards. For an institution’s FY16, it will have the option to use Circular A-110 or the UG. An institution must document whether it is in compliance with A-110 or UG, and meet documented standard. With FY17, everyone must comply with UG.
27NCDA&CS Monitoring efforts eCivis Grant Management - potential new system under reviewUse of WebGT system to grant applications and other documentation to provide for centralized access and monitoringDevelopment of grant expenditure reports which will compare budget to actual expenditures over the life cycle of the grant for all federal grants
28NCDA&CS Monitoring efforts Federal grant expenditure report captures:Life cycle budgetLife cycle expendituresRequired information, i.e. year of award, CFDA#, FAIN, grantor, etc.Developed with OSC and available to any State agencyIn accordance with §
29NCDA&CS Monitoring efforts Change in cost center and FRCC (placeholder for grant year) for each federal grant to uniquely identify federal grantsBudgeting of indirect cost and expenditures of indirect cost in NCASDepartment’s NEW grant compliance auditorGrant policy library and online trainingStandardized grant processes and procedures
30NCDA&CS changes implemented All of pass-through requirements have been incorporated into the new federal grant contract for subawardsTransition to new contract changes starts as of January 1st, 2015For all subawards with source of funds awarded prior to January 1st, 2015, the standard policy of no indirect cost allowable will continueSubawards awarded after January 1, 2015 will be identified in database as to whether they belong to new Uniform Guidance or prior guidance for auditing purposes..
31Subpart D -200.331 Requirements for pass-through entities NEW Contract Changes This grant is a subaward of a federal grant.Federal Award Identification Number:Federal Award Date (date signed by federal authorizing official):Total Amount of Federal Award to NCDA&CS:Name of Federal Awarding Agency:CFDA Number and Program Name:Indirect Cost Rate for Federal Award:Agency Name, Awarding Official and Contact Info:Subrecipient Name (must match DUNS name):Subrecipient DUNS:
32Subpart D -200.331 Requirements for pass-through entities NEW Contract Changes Subaward Period of Performance: Start Date End DateAmount of Federal Funds Obligated by this Action:Total Amount of Federal Funds Obligated to Subrecipient: (will need to ask in application, prior years funding)Subaward Project Title:Award is R&D: Yes/NoAll Requirements: See scope of work, Attachment __and federal statutes, regulations and terms and conditions, Attachment __.Additional Requirements: Required financial and performance reports (See Contract Section ____)Subrecipient Indirect Cost Rate (or 10% de minimis):
33Subpart D -200.331 Requirements for pass-through entities NEW Contract Changes Access to Subrecipient’s Records and Financial Statements: See Contract General Terms and ConditionsTerms and Conditions of Closeout of Subaward: See Code of Federal Regulations Title 2, Subtitle A, Chapter II § Closeout, adjustments, continuing responsibilities and collection of amounts dueRisk Evaluation Complete: Yes/NoSpecific Conditions, if any: (could be additional reporting, etc.)Subrecipient’s Cumulative Federal awards > $750,000: Yes/NoAudit verified?
34Subpart D -200.331 Requirements for pass-through entities NEW NEW risk assessment and monitoring for each subrecipient will be tracked in the Grant Database and identified on the tracking formEach Division that distributes State or federal funds through subawards will develop a risk assessment and monitoring plan per Department policy, NCDA&CS Monitoring Grant Programs and federal requirement.
35Divisions must develop a risk assessment and monitoring plan for federal subawards Risk assessments may include the following factors:(1) The subrecipient's prior experience with the same or similar subawards;(2) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program;(3) Whether the subrecipient has new personnel or new or substantially changed systems; and(4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency).
36Divisions must develop a risk assessment and monitoring plan for all federal subawards Monitoring must include:Review of financial and programmatic reportsFollow up and ensuring that subrecipient takes timely actionIssuing a management decision for audit findings pertaining to federal awardVerification that every subrecipient is audited as required by subpart F when subrecipient’s federal funding meets or exceeds $750,000 in expendituresConsider any adjustments due to audits, reviews or other monitoringConsider taking enforcement action against any noncompliance
37Documentation of risk assessment and monitoring Risk assessment starts with the application review and evaluationMonitoring begins with review of the returned contract, continues throughout the life of the grant and ends with the final reportKeep additional documentation, i.e. site visits, desk reviews, financial audits, program audits, correspondence, etc. with the grant file.YOU MUST DOCUMENT YOUR MONITORING EFFORTS!
38Subpart D -200.333 Retention requirements for records Financial records, supporting documents, statistical records and all other non-Federal entity records pertinent to a federal award must be retained for a period of three years from the date of final expenditure report
39Subpart D -200.335 Methods for collection, transmission and storage of information In accordance with the May 2013 Executive Order of Making Open and Machine Readable the New Default for Government information, the federal awarding agency and the non-federal entity should, whenever practicable, collect, transmit, and store federal award related information in open and machine readable formats rather than in closed formats or on paper.NCDA&CS record retention schedule. The Grants and Contracts Office is working with IT to update and revise the current schedule in conformance with the 2013 Executive Order. For now, keep paper and electronic copies…
40Indirect Costs Agency grants Grants to subrecipients Cost allocation plan – request for waiver
41Indirect Costs Agency Grants Indirect cost is kept by the Department for expenses related to administrative and facilities overhead, like:HR expensesPayroll expensesBuilding and maintenance expensesAccounting, oversight and fiscal management expenses at the Department levelNOT program expenses
42Indirect Costs Agency Grants DefinitionIndirect (F&A) costs means those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.
43Indirect Costs Agency Grants Cost allocation plan, annual negotiated rateCurrently, 13% (or 28% for Forestry and Soil and Water) on personnel expenses of all federal grantsorAnd for certain grants, limited to no more than 10% of the total grant. The indirect cost rate is still applied to personnel expense, but limited to 10% of total grant.
44Get clear about Indirect Costs Federal grants SHOULD ALWAYS have budget for indirect cost, unless there is no salary expense.
45Get clear about Indirect Costs If you submit a grant application without Indirect Costs …Indirect Costs will be taken out of your grant anyway when federal funds are received (if there is salary expense).This means you will have less program dollars than you planned for.So start now and plan ahead for indirect costs. Make sure your budget includes indirect costs, as appropriate.
46Indirect cost and subrecipients Federal guidelines have changedNon-federal entity (NCDA&CS) must allow indirect costs for subrecipientsApproved cost allocation plan (must submit a copy of the plan to NCDA&CS) rateOrAt 10% de minimus rate (ten percent of the total subaward)A negotiated rate between the subrecipient and NCDA&CS
47Indirect cost and subrecipients Subrecipients may decline F & A reimbursement, but pass through entities may not coerce them to accept a rate lower than that to which they are entitled.
48Indirect cost and subrecipients Notices of funding opportunities should include policies related to indirect cost rate reimbursement, matching or cost share.Outreach activities should include discussion, as appropriate, of these policies, especially prior to posting a notice of funding opportunity.
49Indirect cost and subrecipients Program directors/managers will need to take into account less funds to accomplish program objectives, since grantees will be allowed to use funds for administrative costs, in addition to program costs in their overall budget.Relates to the objective to reduce administrative burden on grantees/subrecipients.
50Indirect Cost and Cost Allocation Plans NEW § Indirect (F&A) costs. (g) Any non-Federal entity that has a federally negotiated indirect cost rate may apply for a one-time extension of a current negotiated indirect cost rates for a period of up to four years. This extension will be subject to the review and approval of the cognizant agency for indirect costs. If an extension is granted the non-Federal entity may not request a rate review until the extension period ends. At the end of the 4-year extension, the non-Federal entity must re-apply to negotiate a rate.
51Subpart E – Cost Principles About 54 pages long (Must = Requirement)Discusses allowability of costsMust be necessary and reasonableMust conform to any limitations or exclusions in these cost principles or federal awardMust be consistent
52Subpart E – Cost Principles Discusses allowability of costs… (Must = Requirement)Must not be both direct and indirectMust conform to GAAP (Generally Accepted Accounting Principles)Cannot be used as match for another federal grantMust be adequately documented
53Subpart F – Audit Requirements Twenty two pages longNEW Changes the audit threshold to $750,000 in federal funds expenditures in FYNEW Changes major program threshold to $750,000New Single Audit requirements applicable to entities starting with fiscal year beginning January 1, 2015 or later and ending December 31, 2015, or later
54Subpart F – Audit Requirements The final guidance right-sizes the footprint of oversight and Single Audit requirements to strengthen oversight and focus audits where there is greatest risk of waste, fraud, and abuse of taxpayer dollars.It improves transparency and accountability by making single audit reports available to the public online, and encourages Federal agencies to take a more cooperative approach to audit resolution in order to more conclusively resolve underlying weaknesses in internal controls.
55Subpart F – Audit Requirements Basic Structure of Single Audit Process Unchanged Audit threshold ( ).•Subrecipient vs. Contractor ( (f) & ).•Biennial ( ) & Program-specific ( ) audits.•Non-Federal entity selects auditor ( ).•Auditee prepares financial statements & SEFA( ).•Audit follow-up & corrective action( & ).•9 month due date (set in law) ( (a)).•Reporting to Federal Audit Clearinghouse ( ).•Major programs determined based on risk ( ).•Compliance Supplement overall format (Appendix XI).
56Subpart F – Audit Requirements Audit Threshold Change Increases audit threshold from $500,000 to $750,000.•Maintains oversight over 99.7% of the dollars currently subject Single Audit and reduces audit burden for approximately 5,000 entities.•Increase of $250,000 is in line with previous threshold increase in 2003.
57Subpart F – Audit Requirements Single Audit Report Submission Report Submission requires publication of Single Audit Reports online with safeguards for protected personally identifiable information and an exception for Indian tribes in order to reduce the administrative burden on non-Federal entities associated with transmitting these reports to all interested parties.
58FAC Repository of Record for Reporting Packages (200.36 & 200.512(b)) Federal agencies, pass-through entities, and others obtain copies by accessing Federal Audit Clearinghouse (FAC) website.Subrecipient only required to submit report to FAC and no longer required to submit to pass-through entity.•Pass-through entity no longer required to retain copy of subrecipient report as available on the Web.
59Subpart F – Audit Requirements Major Program Determination Type A/B Threshold Programs are grouped based on dollars. Type A programs are those above the threshold.Type B are those below the threshold.•Type A/B threshold is a sliding scale with minimum. Minimum increases from $300,000 to $750,000.Threshold presented in table to be more easily understood.•Audit threshold and Type A/B minimum threshold will be the same at $750,000.
60Appendices I through XI 47 pagesProvides more details and specificsOther required contract provisionsMore information about Indirect Costs and Rate Determinations for IHEs, nonprofits and State governments
61Uniform Guidance 2 CFR 200 - eCFR Code of Federal Regulations In order to understand the rules, you have to read them.Remember use of “should” and “must”Should = best practices or recommended approachMust = required
62ResourcesElectronic Code of Federal Regulations (ECFR)Frequently Asked Questions https://cfo.gov/wp-content/uploads/2014/08/ Frequently-Asked-Questions.pdfImplementation and Readiness Guide for the OMB Uniform Guidance, Prepared by the Council on Governmental Relations (COGR)Administrative Requirements Comparison Chart – 2 CFR Part 215, Circular A-102, and Final Uniform Guidance Subchapters A-E ison.pdfGrant Reform, the New Uniform Guidance Explained: Everything You Need to Know From Now On:The below webinar and accompanying PowerPoint provide an overview of the new guidance (aka “Supercircular”) that every federal grant recipient must know as of December 26, 2014.Webinar:PowerPoint:
63Resources Additional Resources: The Maryland Governor’s Grants Office administers a website that offers federal grants information and training. Below are webinars from that website your agency may find helpful.A Federal Grants Primer:The Grants.gov Process for Federal Grants:Best Practices for Grants Management:
64Resources Properly Prepare for a Grants Audit: Federal Funds Information for States Presentation:Additionally, the Congressional Research Service (CRS) published the below report which is an overview of the federal grants administration process. CRS is a bipartisan agency that provides policy and legal analysis to committees and Members of both the US House and Senate.Federal Grants-in-Aid Administration: A Primer:
65Q & AQuestions? Please or ask your federal grant contact. This presentation will be available soon for distribution as a narrated PowerPoint for State employees.