USDA Section 1512 Guidance Updated October 2010 Training and Information Session October Phone: Passcode: 3599

USDA Section 1512 Guidance Update October 2010 The most recent USDA Guidance related to Section 1512 was released in July of OMB Memo M was released on September 24, 2010 and the USDA Section 1512 Guidance has been revised in reference to several key points. The purpose of this session:  To emphasize the most significant portions of the M guidance, especially those data elements and requirements for which OMB has raised the stakes, and  To allow discussion of difficulties and solutions. 2 Phone: Passcode: 3599

Overview of Revisions  Recipient Reporting Data Model Version 4.0  Assisting Recipients to Assure High Data Quality  Non-reporter, Non-compliant, Non-responsive  Contractor-specific Guidelines and Updates 3 Phone: Passcode: 3599

Recipient Reporting Data Model Version 4.0 No new data elements have been added but data elements to be reported by prime recipients and sub-recipients have been clarified. Important clarification on specific data elements, include:  Order Number Only used when an order number exists. Does not apply to grants, loans, or other financial assistance.  Award Date The date award is signed by Awarding Agency Official  Award Description Now requires a description for each funding action or description of need for each funding action. Must provide a clear understanding of the overall purpose of the award.  Quarterly Activity/Project Descriptions Prime recipient is now required to collect information from sub-recipient(s) and add to this field in the prime’s report. Multiple phases of project, changes to the project funding, and thorough and clear descriptions are required. 4 Phone: Passcode: 3599

Assisting Recipients to Assure High Data Quality Expanded requirements for agency assistance to awardees.  Assist recipients with method and importance of clear/complete narrative descriptions  Remind recipients of possible CCR expiration and assist with maintaining up-to-date DUNS  Advise recipients regarding when a report can be marked as final. Revision requests for previous quarterly reports The recipient or agency can request revisions to prior reports when such revision is deemed to be ‘material’ (its omission or misstatement in prior report could mislead the public.) Revision requests with documentation and agency certification will be submitted by OCFO to the MAX web page. Paper reports for those who cannot submit electronically The paper report option only applies to a narrowly defined group of recipients who are unable to submit an electronic report. OMB is clear in stating that agencies must certify that the recipient is unable to report electronically. This process is not to be used as an alternative choice for those recipients that are actually able to report electronically. Report agency extensions to recipients due to extraordinary circumstances (e.g., natural disaster). Agencies must submit to OMB a notification of such extensions, indicating the reason for extension, timeframe covered by the extension, and listing of recipients eligible for the extension. Provide guidance to recipients that may have national security, proprietary, and Privacy Act issues Guidance should address the level of narrative detail that is appropriate in cases where national security, proprietary information, or Privacy Act issues arise. 5 Phone: Passcode: 3599

Non-reporter, Non-compliant, Non-responsive ‘Non-reporter’ – Award recipients that are exempt from reporting, such as: under $25K or individuals. The list of exclusions has been revised to accommodate the July 2010 revision to FAR which requires contractor reporting even if invoicing has not occurred. ‘Non-compliant’ – Recipients that are required to report but fail to do so. Agencies provide a listing of all awards before the reporting cycle (MasterList) and assure that all non-exempt recipients submit reports within the reporting phase. Agency actions in response to non-compliant recipients is prescribed by M-10-08, M-10-14, M-10-17, and now M ‘Non-responsive’ – Recipients that submit reports containing data that is not responsive to a particular data element. For example, all narrative descriptions must be clear enough to allow the general public a full understanding of the use of the money and the scope/progress of the funded project. This was also addressed in M-10-08, requiring agencies to communicate directly with assistance and notification to recipients. 6 Phone: Passcode: 3599

Contractor-specific Guidelines and Updates The FAR has been amended to revise FAR The revised July 2010 clause is required in all solicitations and contracts issued on or after July 2, 2010 that are funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. The revised clause is not required when modifying existing contracts that contain the original March 2009 clause.  Requires first-tier subcontractors with Recovery Act-funded awards of $25,000 or more to report jobs information to the prime contractor.  Requires the prime contractor to submit his/her first report within 10 days of the end of the calendar quarter in which the prime contractor received the award even if invoicing has not yet occurred. Changes in tagging ARRA funded contracts in FPDS The original procedures were provided in OMB M (02/18/2009). New instructions are available at “Recovery Act Funded Contracts” under Latest News or under the Frequently Asked Questions (FAQs) at NG_FAQ. 7 Phone: Passcode: 3599

If you have questions or concerns… 8 Tyson Whitney (202) Fransi Dunagan (202) OMB guidance: USDA Recovery General: USDA Recipient Reporting: _jobs_guidance.xml _jobs_guidance.xml