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1 ARIZONA 2 TED DAVIS • Arizona Department of Education • Career & Technical Education Section • Phoenix, AZ • 602-542-5349 • [email protected] 3 States Sequestration Triggers • Section 111(a)(5), Hold Harmless • Force the use of FY 1998 census numbers • Currently about 20 states or territories qualify… 4 States Sequestration – • The last numbers I saw reflected an -8.5% reduction relative to those funds that become available July 1, 2013 for those states not protected by the “hold harmless” • What the administration sent out appears to imply that Washington will take the full 8.5% out of our very first quarter; in effect limiting states to only being able to draw 16.5% of next year’s grant until October 1, 2013? 5 States Sequestration • Historically state legislatures have been “less than delighted” with the Perkins 100% Maintenance of Effort (MOE) language • Sequestration reductions allow state legislatures to reduce what they spend on CTE by an equal amount or percent and not trigger the Act’s MOE penalties 6 States Sequestration Less Money – • Look at how you are using your 10% Leadership set-aside funds • Cannot be used for “administrative” costs Which Perkins defines in Section 3 (1) – “…... Such term does not include curriculum development activities, personnel development, or research activities.” 7 States Sequestration Less Money – The Reserve • Look at how your state uses “Reserve” funding o Assistance dollars – Max 10% • Large number of CTE students, large percentages of CTE students or rural • State defined • States can award these funds on a competitive or on a formula basis • Could target activities historically funded with leadership dollars • Monies could be pooled under the provisions of Section 135(c)19 (Local uses of funds) 8 The Super Circular • A couple of years to actually have the proposed changes in place? • One I’m worried about – OMB Circular A-133, the Single Audit • Tests – still on the cross cutting matrix • States are still expected to do fiscal monitoring o Desk monitoring guide o Do it digitally o Virtual monitoring • Risk-based fiscal monitoring 9 Risk-based fiscal monitoring • Start with what you do know? o o o o o o o Size of the grant A-133 audit findings Request a copy of the Desk Monitoring document Late with applications Late with cash management reports Late with the financial completion report Any recipient placed on a financial hold by your state or another federal program o Concerns raised by your programmatic staff who did go on-site o Performance measures • Has a practical aspect – most states don’t have the resources to support full-time fiscal accountability staff 10 11 QUESTIONED COSTS* • Inadequate or no documentation • Failure to follow your own approved plan • Exceeding the Perkins’ mandatory setasides o 5% Administration o 10% State Leadership o $60K to $150K – Non Traditional o Etc… • Cost Allocation - Inaccurate or not allocable to Perkins o Time & Effort – Also a cost a cost allocation issue * a.k.a. – Give me back the money 12 COST ALLOCATION – OMB Circulars A-87 & A-21 outline the factors to consider in determining the allowability of costs Costs must meet the following criteria: • Be necessary and reasonable for proper and efficient performance and administration of federal awards • Be allocable to the federal award • Be authorized or not prohibited under state or local laws or regulations 13 Cost Allocation (Cont.) • Conform to any limitations or exclusions set forth in these principles, federal laws, terms and conditions of the federal award, or other governing regulations as to types or amounts of cost items (e.g., use of restricted rates as defined by 34 CFR 75.563 and 76.563) • Be consistent with policies, regulations, and procedures that apply uniformly to both federal awards and other activities of the governmental unit • Be accorded consistent treatment. A cost may not be assigned to a federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the federal award as an indirect cost 14 Cost Allocation – (Cont.) • Be determined in accordance with Generally Accepted accounting Principles (GAAP) • Not be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior period, except as specifically provided by federal law or regulation • Be the net of all applicable credits • Be adequately documented 15 Time & Effort • The primary issue is still allowable, allocable costs • Semi-Annual Certifications o An employee working solely on a single federal award or cost objective • Personnel Activity Reports (PARs) o More than one federal award; o A federal award and a non-federal award; o An indirect cost activity and a direct cost activity; o Two or more indirect cost activities which are allocated using different allocation bases; or o An unallowable activity and a direct or indirect cost activity 16 Time & Effort (Cont.) Personnel Activity Reports (PARs) • After-The-Fact Record: must reflect an after-the-fact distribution of the actual activity of the employee; • Total Activity: must account for the total activity for which the employee is compensated; • Monthly: must be prepared at least monthly and must coincide with one or more pay periods; and • Signed and dated: must be signed and dated by the employee. A signature of the supervisor alone is not sufficient • Budget estimates determined before the services are performed do not qualify as support for charges to federal awards • A substitute system is allowable with written prior approval – Rare… Don’t count on it… 17 Time & Effort (Cont.) The T&E language is more to the point in A-87, A-122 & Cost Allocation Guide for State and Local Governments (The Green Book) http://www2.ed.gov/about/offices/list/ocfo/fipao/guideigcwebsite.pdf The language for higher education participants in A-21 is not as clear… Circular A-21 Section J.10.c.(2)(e)… “(e) For professorial and professional staff, the reports will be prepared each academic term, but no less than every six months. For other employees, unless alternate arrangements are agreed to, the reports will be prepared no less frequently than monthly and will coincide with one or more pay periods.” 18 Time & Effort – And the Super Circular • Promises consistent language • A little more flexibility • But you still must meet cost allocation requirements/standards o You might start with “budgeted” but the numbers will have to back you up o Expanded use of semiannual certifications… 19 Turn Your Procurement Practices Into A Questioned Cost? • Don’t DOCUMENT or document poorly • The services or property you bought is not ALLOCABLE to your Perkins grant • Failure to document the method of allocation when services or property/equipment is shared by two or more cost activities • Issue a service contract to someone on the Federal Debarment List (EDGAR 34CFR 85 Subpart B) 20 Turn Your Procurement Practices Into A Questioned Cost? • Failure to follow your own state’s procurement rules • Issuance of district credit cards to staff – can be an internal control nightmare. (I suggest you severely restrict) 21 SUPPLANTING • It is a jump from the “presumption” of supplanting to an actual finding • The primary question arises when you cover a cost previously paid for with non-federal funds • Supplanting defense – “would not have provided the service in the absence of federal funds” (OMB A-133 Compliance Supplement 484.000; III.G.2.2 ) 22 PROPERTY MANAGEMENT FINDINGS the “never ending easy audit finding…” • Failure to follow your own state’s property management requirements • The use of purchased equipment for non-CTE purposes • The loss or theft of electronic toys…. cell phones, flat screens, cameras, back-up hard drives, etc. 23 The AUDIT Process • If you smell a finding – get involved before the exit conference – don’t wait • Don’t let your administration concur with a finding in your area because, “it’s not in their administrative shop” Some will concur with a finding not in their area, regardless of how much work or damage it will do to your area… Talk to your administration in advance and request to be involved relative to findings that include your area 24