OMB’s “Super Circular”: What Community Development Professionals Need to Know National Community Development Association Conference Milwaukee, Wisconsin Presented by Bob Lloyd June 22,

The Current Federal Fund Accountability Atmosphere “Government by Horror Story” --- Budgetary Pressures --- Single Audits—Quality Concerns --- Federal Audits (OIG’s, CPA’s Under Contract) --- Qui Tam Lawsuits --- Congressional Oversight OMB Grants Management Reform 2

The OMB Grant Reform Process “Trial Balloons” 2/28/12 Draft Guidance 2/1/13 Final Guidance 12/26/13 (2 CFR 200) Agency Draft Rules to OMB 6/26/14 COFAR FAQ’s (Periodically in 2014) Revised Guidance and Agency Implementation (12/19/14) (HUD 2--CFR 2400) Effective Date of Uniform Guidance (12/26/14) Single Audit Requirements Transition (NFE FY’s Beginning After 12/26/14 3

Transition to New Policies Applicable to New Awards and New Obligations Issued After 12/26/14 Supersession of Previous Grants Management Regulations 12/26/14– (24 CFR 84; 24 CFR 85) OMB Federal Register Issuances (Additions and Technical Corrections) 2015 HUD Implementation --- SD (2/26/15) --- Conforming Changes to Program Regulations (Effective 1/6/16) --- CPD (4/13/16) --- HUD Enforcement Posture (Actions from 12/26/14-1/6/16) Audit Considerations 4

Your Document Stack 2 CFR 200 and 2 CFR 2400 (1/1/16) ( or ( Frequently Asked Questions ( OMB Granted Class Deviations ( 5

The “Big Deals”– Significant Policy Changes Pre-award Risk Assessment Internal Controls --- Documentation of Personnel Expenses (PKA Effort Reporting) Cost Principles --- Indirect Cost Recognition Procurement of Goods and Services Subrecipient Management and Monitoring Reporting Audit 6

Pre-award Risk Assessment By Federal Agencies (2 CFR ) --- Financial stability --- Management systems and personnel --- Performance history --- Audit history --- Federal data bases (e.g., EPLS) By Pass-through Entities (2 CFR (b)) --- All that…plus extent of other oversight 7

Internal Controls “Establish and maintain effective internal control that provides reasonable assurance” of compliance with laws, regulations and award terms Sources of internal control guidance --- GAO “Green Book”—Standards for Internal Control in the Federal Government --- COSO—Internal Control—Integrated Framework AND --- OMB—Part 6, Compliance Supplement for Single Audits 8

Designated Areas for Internal Control Compliance Self monitoring and evaluation Corrective action Protection of personally identifiable information Bonding System standards Documentation of personnel expenses 9

Documentation of Personnel Expenses “Time and effort reporting” Key features --- After the fact determination --- Full disclosure of all effort Internal control design features --- Timely completion --- Credible signatures Substitute systems permitted 10

Cost Principles 2 CFR 200, Subpart E ( ) Basic policies General tests of allowability ( ) Indirect cost recovery basics and “cross-walks” to the Appendices “Selected” items of cost ‘Failure to mention…” 11

Indirect Cost Recognition By federal agencies (2 CFR (c)) --- Limited exceptions --- Plan and rate submission requirements By pass-through entities (2 CFR (a)(4)) --- Accept federally negotiated NICRA --- Negotiate a rate with subrecipient Likely limited applicability --- Allow de minimis rate (10% of MTDC) 12

Key Changes—Selected Items of Cost Effort reporting Conferences Depreciation Equipment vs. materials and supplies Proposal costs Rental costs Training and education Travel 13

Subaward vs. Contract Distinction reaffirmed (2 CFR ) --- The term “vendor” is gone --- Guidance from Circular A-133, __.210 has migrated to 2 CFR Key concept: assistance vs. procurement --- Case-by-case determination must be made by pass-through entity 14

Procurement of Goods and Services Policies for States Policies for Everyone Else Year Grace Period for IHE’s and NPO’s Required Features --- Standards of Conduct --- Acquisition Planning --- Recipient Responsibility --- Competition --- Solicitation --- Acceptable Methods --- Cost or Price Analysis --- Source Evaluation and Selection --- Contract Award and Clauses (2 CFR 200 Appendix II) --- Contract Administration --- Procurement Records 15

Subrecipient Management and Monitoring Case-by-Case Determination (2 CFR ) Risk Assessment (2 CFR (b)) Subaward Agreement (Data Elements and Features—2 CFR (a) Subrecipient Monitoring (2 C FR (d) --- Mandatory Steps --- Discretionary Steps 16

Reporting Mandatory disclosures (2 CFR ) Financial reporting (2 CFR ) FFATA subaward reporting (2 CFR 170) Performance reporting (2 CFR ) --- Extraordinary events Close-out reporting (2 CFR ) Reporting on real property (2 CFR ) Audit reporting package (2 CFR ) 17

Audit Say a long good-bye to OMB Circular A-133 Say hello to Subpart F of 2 CFR 200 Key changes --- Dollar expenditure trigger --- Audit procurement --- Determination of major programs --- Reporting of audit findings Attributes Nomenclature --- Criteria for low-risk auditee 18

Getting with the Program Train up employees Review and revise, as necessary, policies and procedures --- Financial management --- Procurement --- Property management --- Subaward management --- Records retention and access --- Reporting --- Human resources Recognize that regulatory changes create audit vulnerabilities Be prepared for funding agencies and auditors who don’t yet know the new rules Use the “lingo” in the new rules in your policies and conversations 19

Presenter Contact Information Bob Lloyd Consultant on Public Management and Government Relations Telephone: (864) (202) Fax: (864) On the web: 20