Developing Policies and Procedures for Institutions of Higher education Managing Federal grants

1. Brette Kaplan, Esq.bkaplan@bruman.comErin Auerbach, Esq.eauerbach@bruman.comBrustein & Manasevit, PLLCwww.bruman.comSpring Forum 2013 Brustein & Manasevit, PLLC Developing Policies and Procedures for Institutions of Higher education Managing Federal grants

2. Why? • A-133 Audits • Auditors must ask about policies and procedures • Some tests specifically require written policies and procedures • Compliance Supplement, Part 6: Internal Controls • “The A-102 Common Rule and OMB Circular A-110 (2 CFR part 215) require that non-Federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to reasonably ensure compliance with Federal laws, regulations, and program compliance requirements.” Brustein & Manasevit, PLLC

3. Why? • Monitoring • Policies and procedures are evidence of compliance under all program monitoring tools Brustein & Manasevit, PLLC

4. Why? • Changes and Transitions of Staff • Training tool • Maintain consistency Brustein & Manasevit, PLLC

5. Why? • Compliant policies and procedures lead to: • Administering compliant programs and complying with grants management requirements Brustein & Manasevit, PLLC

6. Logistics • Where to start? • Who should be involved? • What is the process? • How long does it take? Brustein & Manasevit, PLLC

7. Rules and regulations • Education Department General Administrative Regulations (EDGAR) • OMB Circular A-110 • Office of Management and Budget (OMB) Circulars • State/Institutional Policies and Procedures • Authorizing Statute Brustein & Manasevit, PLLC

8. Types of grants • State Administered Grants • Any grant that is distributed by formula to eligible states. EDGAR § 76.1 • Ex: Perkins • Direct Grants • Any grant other than those that are distributed by formula to eligible states. EDGAR § 75.1 • Ex: GEAR UP Brustein & Manasevit, PLLC

9. Building Blocks • Organization Structure and Function • Grant Application Process • Financial Management System • Procurement • Inventory/Property Management • Time and Effort • Record Keeping • Monitoring • Audit Resolution • Programmatic Fiscal Requirements • Programmatic Requirements Brustein & Manasevit, PLLC

10. Organization Structure and Function Brustein & Manasevit, PLLC

11. Organization Structure and Function • Organization Chart • Job Descriptions Brustein & Manasevit, PLLC

12. Organization Structure and Function • Do you have an organizational chart? • What are the offices, sections, divisions or employees that have responsibility for grant administration? • What are their responsibilities? • Are there any entities outside of the agency that have grant administration responsibilities? • What are those responsibilities? • How is the relationship created? What are the terms? • MOU/MOA? Brustein & Manasevit, PLLC

13. Grant Application Process Brustein & Manasevit, PLLC

14. Grant Application Process • Grant Application Process • Applying for grants: • A grant application should be written so that it can be managed within the regulations that apply • Review every grant application with a grants management eye before submitting it • Read and understand the Grant Award Notification (GAN) • Direct Grants: • Whether or not formal acceptance is required, meet with appropriate parties to be certain you want to accept the grant. • Make acceptance a conscious act. Things may have changed between submission and notice of award – internally and externally. Brustein & Manasevit, PLLC

15. Grant Application Process • How does the agency determine what grants to apply for? • What is the process? • Who reviews and signs off on a grant application? • What happens after a grant is awarded? Brustein & Manasevit, PLLC

16. Financial Management system Brustein & Manasevit, PLLC

17. Financial Management System • Allowable Costs - OMB Circular A-21 • Specific items of cost • Timely obligation of funds • Period of availability – EDGAR § 74.28 • Obligations – EDGAR § 75.707 or § 76.707 • Carryover Brustein & Manasevit, PLLC

18. Financial Management System • EDGAR § 74.21 • Accounting System • Budget • Budget Revisions Brustein & Manasevit, PLLC

19. Financial Management System • What accounting systems are used? • What function does each system perform? • Who is responsible for managing budgets and accounts payable? • How are budgets loaded and tracked on the system? Timeline? • How do you ensure that expenditures are properly recorded in the system? • Is there a process for comparing budgets to expenditures? • How do you ensure that all expenditures are allowable? • Travel • What is the process for requesting budget revisions? • How do you ensure that all expenditures are made within the period of availability? • What happens to unobligated funds? • Does the system interface with the procurement and inventory system? • How are vendors paid? What is this process? Brustein & Manasevit, PLLC

20. Procurement Brustein & Manasevit, PLLC

21. Procurement • EDGAR § 74.40-70.47 • Conflict of Interest • Open Competition • Solicitations • Vendor Selection • Contract Administration • Super Circular proposes significant changes to procurement standards for IHEs Brustein & Manasevit, PLLC

22. Procurement • What is your conflict of interest policy? • State and/or agency-specific requirements that must be followed? • Approval for contracts? • Service contracts vs. contracts for goods? • Contract thresholds and process for entering into contracts within each threshold amount? • Small purchase, etc. • What clauses and/or certifications must be in each contract? • How do you ensure that the terms of the contract are met? Brustein & Manasevit, PLLC

23. Inventory Brustein & Manasevit, PLLC

24. Inventory • EDGAR § 74.34 • Property classifications • Computing Devices • Inventory procedure • Lost or stolen items • Disposition Brustein & Manasevit, PLLC

25. Inventory • How do you classify and define property? • Equipment, supplies, non-consumables • What items must be inventoried and tagged? • Detailed inventory records • What is the inventory process? • How frequently is a physical inventory conducted? • What is the policy regarding lost or stolen items? • Are there procedures to transfer equipment between programs? • What are the disposition procedures? Brustein & Manasevit, PLLC

26. Time and Effort Brustein & Manasevit, PLLC

27. Time and effort • OMB Circular A-21 • Type of documentation based on type of employee NOT cost objective • Super Circular proposes significant changes for IHEs Brustein & Manasevit, PLLC

28. Time and effort • How do you document time and effort? • Who must sign the forms? • Where are the forms turned in? Brustein & Manasevit, PLLC

29. Record Keeping Brustein & Manasevit, PLLC

30. Record Keeping • EDGAR § 74.53 • Statute of Limitations – EDGAR § 81.31 • Grants under the HEA have no SOL • State/Agency Policy Brustein & Manasevit, PLLC

31. Record Keeping • How long must records be maintained? • How are records maintained? • Electronic, hard copy, etc. Brustein & Manasevit, PLLC

32. Monitoring Brustein & Manasevit, PLLC

33. Monitoring • Risk-based • Risk factors • Desk reviews • Onsite reviews • Follow-up • Monitoring by grantor agency Brustein & Manasevit, PLLC

34. Monitoring • Monitoring of agency vs. monitoring of subrecipients? • Who is responsible for monitoring? • Fiscal? Programmatic? • What gets monitored? • How do you determine which subrecipients will be monitored? • How often does monitoring occur? • Site visits, desk reviews, self-assessments • What is the process – from notification to issuing report? • Timeline? • How do you ensure that findings are resolved? • Corrective action plan • Closeout letter resolving finding • Future monitoring Brustein & Manasevit, PLLC

35. Audit Resolution Brustein & Manasevit, PLLC

36. Audit Resolution • Single Audit • OMB Circular A-133 Brustein & Manasevit, PLLC

37. Audit Resolution • Who is responsible for overseeing OMB A-133 audit compliance and resolution? • What is the audit process? • How are findings resolved? • Review of subrecipients’ A-133 audits? Brustein & Manasevit, PLLC

38. Programmatic Fiscal Requirements Brustein & Manasevit, PLLC

39. Programmatic Fiscal Requirements • Supplement not supplant • Maintenance of effort • Matching • Hold harmless Brustein & Manasevit, PLLC

40. Programmatic Fiscal Requirements • How do you ensure compliance with programmatic fiscal requirements? Brustein & Manasevit, PLLC

41. Programmatic Requirements Brustein & Manasevit, PLLC

42. Programmatic Requirements • Programmatic compliance • Allocations to subrecipients • Allowable costs under grant program • Application process • Other Brustein & Manasevit, PLLC

43. Programmatic Requirements • How does your agency ensure compliance with the specific requirements of the grant program? Brustein & Manasevit, PLLC

44. Now what? • Training • Review and revise • Where are policies and procedures located? Brustein & Manasevit, PLLC

45. Brustein & Manasevit, PLLC

46. Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later review of these printed materials does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. Brustein & Manasevit, PLLC