2 CFR 200 “Uniform Federal Grant Guidance” Greetings - My name is Michael Miller – I am an auditor in the ODOT Office of External Audits. I am responsible for audit related functions for all subrecipients of the Office of Transit. Additionally, I have been assigned responsibility for performing audit related functions for subrecipient agencies of the Office of Statewide Planning and Research; they are commonly referred to as Metropolitan Planning Organizations and Regional Transportation Planning Organizations; MPOs and RTPOs. I am here today to provide a brief introduction to a new section of the Code of Federal Regulations which was released last December and which will become effective, in most respects, this December 2014. Michael Miller, Auditor Office of External Audits May 2014

Objectives and Background First, a little background information -

Objectives “The goal of this reform is to deliver on the President’s directives to (1) streamline our guidance for Federal awards to ease administrative burden and (2) strengthen oversight over Federal funds to reduce risks of waste, fraud, and abuse. Streamlining existing OMB guidance will increase the efficiency and effectiveness of Federal awards to ensure best use of the more than $500 billion expended annually….” This regulatory guidance is issued by OMB – which is the Executive Office of the President, Office of Management and Budget. OMB’s goal - SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78590 / SUPPLEMENTARY INFORMATION: http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

Background The Development of the Reform “This proposal reflects input from more than two years of work by the Federal and non-Federal financial assistance community led by the COFAR in response to the following two Presidential Directives:” “1. February 28, 2011, Presidential Memorandum on Administrative Flexibility, Lower Costs, and Better Results for State, Local, and Tribal Governments …” “2. Executive Order 13520 on Reducing Improper Payments …” What started out as a Proposal was issued as Final Guidance December 26, 2013 SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78591 / SUPPLEMENTARY INFORMATION: http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

Council on Financial Assistance Reform COFAR Council on Financial Assistance Reform As mentioned in the previous slide this effort was led by the COFAR. Let’s take a look at who the COFAR is…

About the COFAR “The COFAR, established by OMB Memorandum M-12-01, is comprised of an interagency group of Executive Branch officials to coordinate financial assistance. Council activities include providing recommendations to the Office of Management and Budget (OMB) on policies and actions necessary to effectively deliver, oversee, and report on grants and cooperative agreements, as well as sharing with executive departments and agencies (agencies) best practices and innovative ideas for transforming the delivery of this assistance. In addition, the Council will engage relevant stakeholders across Government on key issues to foster more efficient and effective Federal management by coordinating the development and implementation of standardized business processes, data standards, metrics, and information technology.” Source: https://cfo.gov/cofar/

Agency Members “The membership of the Council on Financial Assistance Reform consists of the: Controller of the Office of Management and Budget and senior policy officials from eight Federal agencies that provide the largest amounts of financial grants assistance and one additional agency that serves a two-year term to represent the perspective of other agencies that administer grants and cooperative agreements:” Department of Agriculture Department of Labor Department of Education Department of Transportation Department of Energy Department of Health and Human Services Two-year Term Agency National Science Foundation FY12-14 Department of Homeland Security Department of State FY 14-16 Department of Housing and Urban Development SOURCE: https://cfo.gov/cofar/

2 CFR 200 – What is it? TITLE 2 of the CODE OF FEDERAL REGULATIONS PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

2 CFR 200 – Are these new regulations? As stated by OMB: “To deliver on the promise of a 21st-Century government that is more efficient, effective and transparent, the Office of Management and Budget is streamlining the Federal government’s guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards. These modifications are a key component of a larger Federal effort to more effectively focus Federal resources on improving performance and outcomes while ensuring the financial integrity of taxpayer dollars in partnership with non-Federal stakeholders. This guidance provides a governmentwide framework for grants management which will be complemented by additional efforts to strengthen program outcomes through innovative and effective use of grantmaking models, performance metrics, and evaluation. This reform of OMB guidance will reduce administrative burden for non-Federal entities receiving Federal awards while reducing the risk of waste, fraud and abuse.” SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78590 / http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

2 CFR 200 – Are these new regulations? Primarily existing regulations – “This reform streamlines the language from eight existing OMB circulars into one consolidated set of guidance in the code of Federal regulations. This consolidation is aimed at eliminating duplicative or almost duplicative language in order to clarify where policy is substantively different across types of entities, and where it is not. As a result, the guidance includes sections and parts of sections which are clearly delineated by the type of non-Federal entity to which they apply.” SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78591 / SUPPLEMENTARY INFORMATION: http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

2 CFR 200 – Are these new regulations? “This final guidance does not broaden the scope of applicability from existing government-wide requirements, affecting Federal awards to non-Federal entities including state and local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Parts of it may also apply to for-profit entities in limited circumstances and to foreign entities as described in this guidance and the Federal Acquisition Regulation. This guidance does not change or modify any existing statute or guidance otherwise based on any existing statute. This guidance does not supersede any existing or future authority under law or by executive order or the Federal Acquisition Regulation.” SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78590 / http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

2 CFR 200 – Are these new regulations? §200.104 Supersession. As described in §200.110 Effective/applicability date, this Part supersedes the following OMB guidance documents and regulations under Title 2 of the Code of Federal Regulations: (a) A-21, “Cost Principles for Educational Institutions” (2 CFR part 220); (b) A-87, “Cost Principles for State, Local and Indian Tribal Governments” (2 CFR part 225) and also Federal Register notice 51 FR 552 (January 6, 1986); (c) A-89, “Federal Domestic Assistance Program Information”; (d) A-102, “Grant Awards and Cooperative Agreements with State and Local Governments”;

2 CFR 200 – Are these new regulations? §200.104 Supersession. - continued (e) A-110, “Uniform Administrative Requirements for Awards and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations” (codified at 2 CFR 215); (f) A-122, “Cost Principles for Non-Profit Organizations” (2 CFR part 230); (g) A-133, “Audits of States, Local Governments and Non-Profit Organizations,”; and (h) Those sections of A-50 related to audits performed under Subpart F—Audit Requirements of this part. You may recall that Circular A-102 is typically referred to as the “Common Rule” for state and local governments and this circular was codified by US DOT at 49 CFR 18 – Likewise, Circular A-110, the “Common Rule” for universities and non-profit organizations was codified by US DOT at 49 CFR 19 –

Subpart A Acronyms and Definitions §§ 200.0 > 200.99 2 CFR 200 - Contents Subpart A Acronyms and Definitions §§ 200.0 > 200.99 Subpart A has its origins from all of the related prior Circulars along with some new terms

Subpart B General Provisions §§ 200.100 > 200.113 2 CFR 200 - Contents Subpart B General Provisions §§ 200.100 > 200.113 Subpart B has its origins from all of the related prior Circulars along with some new content

2 CFR 200 - Contents Subpart C Pre-Federal Award Requirements and Contents of Federal Awards §§ 200.200 > 200.211 Subpart C has its origins primarily from Circulars A-89 and A-110 along with some new content

Post Federal Award Requirements 2 CFR 200 - Contents Subpart D Post Federal Award Requirements §§ 200.300 > 200.345 Standards for Financial and Program Management Property Standards Procurement Standards Performance and Financial Monitoring and Reporting Subrecipient Monitoring and Management Record Retention and Access Remedies for Noncompliance Closeout Post-Closeout Adjustments and Continuing Responsibilities Collection of Amounts Due Subpart D has its origins from Circulars A-102 and A-110 along with some from A-133 As discussed in § 200.335 Open and Machine Readable is the new default for the collection, transmission, and storage of Federal award related information; this means that image files of scanned documents are to be avoided; especially audit reports and other docs submitted to the Federal Audit Clearinghouse; instead you should produce PDF files with full character recognition, i.e. searchable text.

2 CFR 200 - Contents Subpart E Cost Principles §§ 200.400 > 200.475 General Provisions Basic Considerations Direct and Indirect (F&A) Costs Special Considerations for States, Local Governments and Indian Tribes Special Considerations for Institutions of Higher Education General Provisions for Selected Items of Cost Subpart E has its origins from Circulars A-21, A-87, and A-122 along with some new content One of the noticeable revisions is in § 200.414 Indirect (F&A) Costs as there are new provisions for a de minimis indirect cost rate of 10% of Modified Total Direct Costs. Please note; there are certain qualifications associated with the use of this rate and you must know how to calculate Modified Total Direct Costs correctly to properly apply this rate. Additionally, General Provisions for Selected Items of Cost contains over 50 topics discussed in this section

2 CFR 200 - Contents Subpart F Audit Requirements §§ 200.500 > 200.521 General Audits Auditees Federal Agencies Auditors Management Decisions Subpart F has its origins primarily from Circular A-133 with some additional content from A-50 Another of the noticeable revisions is in this section as the threshold for a required Single Audit is increasing to $750,000 of Federal funds expenditures. Additional revisions are noted in: § 200.516 Audit Findings which has a revision to the questioned costs threshold; § 200.518 Major Program Determination which has a revision to the percentage of coverage rule; and § 200.520 Criteria For A Low-Risk Auditee which is also revised.

Appendix I Full Text of Notice of Funding Opportunity 2 CFR 200 - Appendices Appendix I Full Text of Notice of Funding Opportunity Appendix 1 incorporates guidance published at 68 FR 37376-37378 (June 23, 2003) http://www.gpo.gov/fdsys/pkg/FR-2003-06-23/pdf/03-15798.pdf http://www.ecfr.gov/cgi-bin/text-idx?SID=7d7b588123d28952a7ce6ce43cd7ce26&node=2:1.1.2.2.1&rgn=div5#2:1.1.2.2.1.6.51.23.5

2 CFR 200 - Appendices Appendix II Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix 2 incorporates guidance published in the Code of Federal Regulations and the US Code: Inflation adjustment of acquisition-related dollar thresholds (41 U.S.C. § 1908), Equal Employment Opportunity (41 C.F.R. Part 60), Davis-Bacon Act, as amended (40 U.S.C. §§ 3141-3148), Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701-3708), RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND SMALL BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS (37 C.F.R. Part 401), Clean Air Act (42 U.S.C. § 7401-7671q.), Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387), Energy Policy and Conservation Act (42 U.S.C. § 6201), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). http://www.ecfr.gov/cgi-bin/text-idx?SID=7d7b588123d28952a7ce6ce43cd7ce26&node=2:1.1.2.2.1&rgn=div5#2:1.1.2.2.1.6.51.23.6

2 CFR 200 - Appendices Appendix III Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) Appendix 3 has its origins from Circular A-21 Sections E > H http://www.whitehouse.gov/omb/circulars_a021_2004/#e http://www.ecfr.gov/cgi-bin/text-idx?SID=7d7b588123d28952a7ce6ce43cd7ce26&node=2:1.1.2.2.1&rgn=div5#2:1.1.2.2.1.6.51.23.7

2 CFR 200 - Appendices Appendix IV Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations Appendix 4 has its origins from Circular A-122 Attachment A http://www.whitehouse.gov/omb/circulars_a122_2004/#atta

2 CFR 200 - Appendices Appendix V State/Local Government and Indian Tribe-Wide Central Service Cost Allocation Plans Appendix 5 has it origins from Circular A-87 Attachment C http://www.whitehouse.gov/omb/circulars_a087_2004/#attc

Appendix VI Public Assistance Cost Allocation Plans 2 CFR 200 - Appendices Appendix VI Public Assistance Cost Allocation Plans Appendix 6 has its origins from Circular A-87 Attachment D http://www.whitehouse.gov/omb/circulars_a087_2004/#attd

2 CFR 200 - Appendices Appendix VII States and Local Government and Indian Tribe Indirect Cost Proposals Appendix 7 has its origins from Circular A-87 Attachment E http://www.whitehouse.gov/omb/circulars_a087_2004/#atte

2 CFR 200 – Appendices - contd Appendix VIII Nonprofit Organizations Exempted From Subpart E—Cost Principles of Part 200 Appendix 8 has its origins from Circular A-122 Attachment C http://www.whitehouse.gov/omb/circulars_a122_2004/#attc

2 CFR 200 – Appendices - contd Appendix IX Hospital Cost Principles Appendix 9 has its origins from 45 CFR Part 74, Appendix E http://www.ecfr.gov/cgi-bin/text-idx?SID=dd65485609826719e329da1f37c5dd0d&node=45:1.0.1.1.35&rgn=div5 PART 74—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS

2 CFR 200 – Appendices - contd Appendix X Data Collection Form (Form SF-SAC) Appendix 10 has its origins from Circular A-133 Appendix A

2 CFR 200 – Appendices - contd Appendix XI Compliance Supplement Appendix 11 has its origins from Circular A-133 Appendix B “The Compliance Supplement”

2 CFR 200 – Effective Date §200.110 Effective/applicability date. (a) The standards set forth in this part which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this part becomes final. Federal agencies must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. (b) The standards set forth in Subpart F—Audit Requirements of this part and any other standards which apply directly to Federal agencies will be effective December 26, 2013 and will apply to audits of fiscal years beginning on or after December 26, 2014.

2 CFR 200 – Effective Date - contd “Federal agencies must submit draft implementing regulations to OMB no later than six months from the date of publication of this guidance unless different provisions are required by statute or approved by OMB.” “Federal agencies will implement this guidance in unison, which will provide non- Federal entities with a predictable, transparent, and governmentwide consistent implementation schedule.” Again, as stated in subsection (a) publication of these Federal grantor agency implementing regulations is expected in the Federal Register on December 26, 2014. SOURCE: Federal Register/ Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations / page 78595 / http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

2 CFR 200 on the Internet Where can you find more information on this subject?

ELECTRONIC CODE OF FEDERAL REGULATIONS USER NOTICE The Electronic Code of Federal Regulations (e-CFR) is a currently updated version of the Code of Federal Regulations (CFR). It is not an official legal edition of the CFR. The e-CFR is an editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office. The OFR updates the material in the e-CFR on a daily basis. The current update status appears at the top of all e-CFR web pages The first place to look is the Electronic Code of Federal Regulations on the internet.

ELECTRONIC CODE OF FEDERAL REGULATIONS http://www.ecfr.gov/cgi-bin/ECFR?page=browse Browse: Select: Title 2 – Grants and Agreements Select: Go Select: Hyperlink for 2 CFR 200 which is identified as: Title 2 Volume 1 Subtitle A Chapter II Part 200 – Office of Management and Budget Circulars http://www.ecfr.gov/cgi-bin/text-idx?SID=dd65485609826719e329da1f37c5dd0d&node=2:1.1.2.2.1&rgn=div5

As Published in Federal Register http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf Federal Register Vol. 78 No. 248 Thursday December 26, 2013 Part III Office of Management and Budget 2 CFR Chapter 1, Chapter II, Part 200, et al. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule The Federal Register is where you find the preamble text with supplementary information and, starting on page 78591 a section labeled Major Policy Reforms in which OMB discusses selected sections with changes. This is content you will not see in the e-CFR version. http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf

Training & Additional Resources There are additional resources that OMB and the COFAR have provided -

Uniform Grant Guidance Crosswalks and Side-by-Sides 1. Uniform Guidance Crosswalk to Predominant Source in Existing Guidance 2. Uniform Guidance Crosswalk from Predominant Source in Existing Guidance 3. Uniform Guidance Definitions Text Comparison 4. Uniform Guidance Administrative Requirements Text Comparison 5. Uniform Guidance Cost Principles Text Comparison 6. Uniform Guidance Audit Requirements Text Comparison http://www.whitehouse.gov/omb/grants_docs “The following documents are intended as supporting materials to facilitate review of ‘2 CFR Chapter I, and Chapter II Parts 200, 215, 220, 225, and 230 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.’ Where there are any discrepancies between the supporting documents and the final guidance, the final guidance takes precedence.” http://www.whitehouse.gov/omb/grants_docs

Training Webcasts Uniform Guidance 1-27-14 Training Webcasts COFAR Training Intro 11minutes COFAR Training Administrative Requirements 1 hour 25 minutes COFAR Training Cost Principles 35 minutes COFAR Training Audit Requirements 50 minutes https://cfo.gov/cofar/ These webcasts were conducted last January and were recorded for later viewing by interested parties – you will find links to these on COFAR’s webpage - they are on YouTube. https://cfo.gov/cofar/

Frequently Asked Questions COFAR Releases Frequently Asked Questions On Wednesday, February 12, 2014, COFAR released the first set of FAQs in support of 2 C.F.R 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Over two hundred thoughtful questions and comments have been received from grantors, grantees, and grant management and oversight professionals throughout country. Additional FAQ releases will parallel Federal agency submission of implementing regulations. If you have additional questions or comments please send them to cofar@omb.eop.gov. Visit https://cfo.gov/cofar/ https://cfo.gov/wp-content/uploads/2013/01/2-C.F.R.-200-FAQs-2-12-2014.pdf https://cfo.gov/cofar/ https://cfo.gov/wp-content/uploads/2013/01/2-C.F.R.-200-FAQs-2-12-2014.pdf

Questions? Michael Miller, Auditor Ohio Department of Transportation, Division of Finance Office of External Audits, Mail Stop # 2140 1980 West Broad Street, 4th Floor Columbus, Ohio 43223 Ph: 614-466-0588 Fax: 614-887-4772 Michael.Miller@dot.state.oh.us In accordance with ODOT Central Office requirements, please ensure the Mail Stop number shown above is used when sending any correspondence to me via US Mail. http://www.dot.state.oh.us/Divisions/Finance/Auditing/Pages/default.aspx Thank you for your time today – If you have questions regarding 2 CFR 200 you are welcome to contact me by phone or e-mail; e-mail is usually the easiest method. We will be posting this presentation to the Office of External Audits “Transit System Audit Materials” webpage along with links to 2 CFR 200 on the e-CFR as well as the Federal Register. Additionally, we will have a link to the COFAR’s webpage. Finally, for all Rural Transit Agencies we are presenting 5 training sessions next month in June on preparing Cost Allocation Plan and/or In-Kind Plan Proposals for compliance with 2 CFR 200. We will also introduce three new ODOT audit circulars specific to transit grantees. We strongly recommend that all rural transit grantees attend one of the sessions. If you have not already registered, please contact Lori Spencer in the Office of Transit. THANK YOU AGAIN!