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/memoranda_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.pdfRemember 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 fundshttp://stimulus.sc.gov/Reports.htm

Key Concepts & Terms

Determining Who You Are

Federal Agency

Prime Recipient(e.g. State Energy Office)

Sub-recipient(e.g. Trident Tech)

Vendor(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

%205_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 awarded and is fixed-price.

Not Required.

2 A contract is awarded that is not fixed-price.

Required.

3 A contract is awarded without competition.

Required.

4 An order is issued under a new or existing single award IDIQ contract.

Required if order is made under a contract described in (2) or (3).

5 An order is issued under a new or existing multiple award IDIQ contract.

Required if one or both of the following conditions exist:

(i) The order is not fixed-price.

(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 pursuant to a small business contracting authority (e.g., SBA’s section 8(a) program).

Required if one or both of the following conditions exist:

(i) the contract or order is not fixed-price;

(ii) the contract or order was not awarded using competition (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 RequirementsFederal 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

Cumulative ARRA funded hours worked (Qtr)

Cumulative hours in a full-time schedule (Qtr)= FTE

Job Creation Formula

QUESTIONS?