American Recovery and Reinvestment Act ARRA Reporting Requirements

1. 1 American Recovery and Reinvestment Act (ARRA)Reporting Requirements

2. 2 Unique Reporting Requirements * FAR Subpart 4.1500 implements Section 1512(c) of the Recovery Act * Specific reporting requirements in FAR 52.204-11 include, but not limited to- The dollar amount of contractor invoices The supplies delivered and services performed An assessment of the completion status of the work An estimate of the # of jobs created and retained Names and total compensation of each of the five most highly compensated officers for the calendar year in which the contract is awarded; and Specific information on first-tier subcontractors * First report due October 10, 2009 FAR 4.15 implements the reporting requirements of the Recovery Act covered in Section 1512(c) * Requires as a condition of receipt of ARRA funds, quarterly reporting on the use of these funds – intent is to provide transparency. * Contractors receiving awards (or modification to existing awards) funded in whole or in part by the Recovery Act must report information required by FAR clause 52.204-11. * includes contracts for commercial items, commercially-available-off-the-shelf item contracts as well as contract actions issued under the Simplified Acquisition Threshold. * Contractors not agreeing to the ARRA terms and conditions including the reporting requirements not eligible for award. First report is due by October 10, 2009 FAR 4.15 implements the reporting requirements of the Recovery Act covered in Section 1512(c) * Requires as a condition of receipt of ARRA funds, quarterly reporting on the use of these funds – intent is to provide transparency. * Contractors receiving awards (or modification to existing awards) funded in whole or in part by the Recovery Act must report information required by FAR clause 52.204-11. * includes contracts for commercial items, commercially-available-off-the-shelf item contracts as well as contract actions issued under the Simplified Acquisition Threshold. * Contractors not agreeing to the ARRA terms and conditions including the reporting requirements not eligible for award. First report is due by October 10, 2009

3. 3 CO Responsibilities * Validate contractor submits report by deadline (Oct. 10, 2009) * Review reports for “significant errors and gross omissions” * Prior to Oct. 1, 2009, provide the following information (if not identified in the contract) to Contractors receiving ARRA funds: Funding agency name Treasury Account Symbol (TAS) Awarding office’s “contracting office code” In the original Federal Register notice, (FAR Case 2009-009 – Federal Acquisition Circular 2005-32), it stated in the background of the FAR case that the CO was only responsible verifying that the report was submitted by the deadline. Not responsible for validating the content of the report. - However, the Office of Federal Procurement Policy (OFPP) recently notified senior managers in the federal government of new requirements still under development including: (this message was shared with the NIH 1102s and 1105s) * reviewing reports for significant errors and gross omissions but will not be required to validate information such as the compensation or jobs data reported by contractors. Example of “significant errors and gross omissions” provided included an obvious error such as a contractor who reports $1,000,000 in invoices on a $100,000 award. System will provide a tool for COs to notify a contractor of suspected errors or omissions and for contractors to be given an opportunity to correct errors or omissions. Since federalreporting.gov will not prepopulate the reports with identifiable information related to a particular contract action, CO’s prior to Oct. 1 should provide the following administrative information listed above (if not clearly identified in the contract). OFPP will issued additional guidance shortly to advise COs of the steps they need to take with respect to federalreporting.gov as well as examples of “significant errors and gross omissions”.In the original Federal Register notice, (FAR Case 2009-009 – Federal Acquisition Circular 2005-32), it stated in the background of the FAR case that the CO was only responsible verifying that the report was submitted by the deadline. Not responsible for validating the content of the report. - However, the Office of Federal Procurement Policy (OFPP) recently notified senior managers in the federal government of new requirements still under development including: (this message was shared with the NIH 1102s and 1105s) * reviewing reports for significant errors and gross omissions but will not be required to validate information such as the compensation or jobs data reported by contractors. Example of “significant errors and gross omissions” provided included an obvious error such as a contractor who reports $1,000,000 in invoices on a $100,000 award. System will provide a tool for COs to notify a contractor of suspected errors or omissions and for contractors to be given an opportunity to correct errors or omissions. Since federalreporting.gov will not prepopulate the reports with identifiable information related to a particular contract action, CO’s prior to Oct. 1 should provide the following administrative information listed above (if not clearly identified in the contract). OFPP will issued additional guidance shortly to advise COs of the steps they need to take with respect to federalreporting.gov as well as examples of “significant errors and gross omissions”.

4. 4 Who must register? * Contractors receiving ARRA funded awards * Federal Agency Users obligating ARRA funds * Advance Registration recommended Federal Agency Users (those obligating ARRA funds) must register so they can verify that the contractor submitted their report by the deadline and to review the report for significant errors and gross omissions Message sent to 1102 listserve and from the Simplified Acquisition helpline encouraging CO’s to notify contractors receiving ARRA funds that they should register ASAP. Notice was issued in the Federal Register on August 25 notifying contractors receiving ARRA funds that they should register in www.federalreporting.gov ASAP. Federal Agency Users (those obligating ARRA funds) must register so they can verify that the contractor submitted their report by the deadline and to review the report for significant errors and gross omissions Message sent to 1102 listserve and from the Simplified Acquisition helpline encouraging CO’s to notify contractors receiving ARRA funds that they should register ASAP. Notice was issued in the Federal Register on August 25 notifying contractors receiving ARRA funds that they should register in www.federalreporting.gov ASAP.

5. 5 Registering in FederalReporting.gov * Registering as a Federal Agency User Select “Register Now” Enter Federal Agency email address Your email address will serve as your User ID Select Department of Health & Human Services on drop down menu Registration confirmed via email (temporary password provided) Log in with User ID and Create New Password www.federalreporting.gov Refer to Registration Quick Reference Guidewww.federalreporting.gov Refer to Registration Quick Reference Guide

6. 6 Frequently Asked Questions (FAQ’s) https://www.federalreporting.gov/federalreporting/faq.do Reports due no later than the 10th day after the end of each calendar quarter 1st reporting period begins Oct. 1, 2009 and ends Oct. 10, 2009 Contractors should include data from date of award through Sept. 30, 2009 Subsequent reporting periods will report cumulative data All awards issued after Sept. 30, 2009 will be reported during the next reporting period (Jan. 1, 2010 – Jan. 10, 2010) Reports due: Oct. 10, 2009 Jan. 10, 2010 April 10, 2010 July 10, 2010 Oct. 10, 2010 Link found in federalreporting.gov Federal Agency Users are contracting officers obligating ARRA funds Reports due: Oct. 10, 2009 Jan. 10, 2010 April 10, 2010 July 10, 2010 Oct. 10, 2010 Link found in federalreporting.gov Federal Agency Users are contracting officers obligating ARRA funds

7. 7 Frequently Asked Questions (FAQ’s) http://www.whitehouse.gov/omb/recovery_faqs/ Reporting requirements only apply to ARRA funded contract actions Contractors primarily responsible for accuracy of the report Information in reports will be used for a variety of purposes including compliance with award conditions, detection of waste, fraud and abuse and mgt. oversight 1st point of contract for reporting problems should be the ARRA Reporting Service Desk 2nd link – found at OMB website Answers include: Reporting requirements of FAR 52.204-11 only apply to ARRA funded contract actions. If supplementing an existing contract with ARRA funds, only the ARRA funds are reported. Typically registration happens fairly quickly. However, if an organization does not have a Central Contractor Registration (CCR) and Dun and Bradstreet No. (DUNS No.), registration may take several days. Thus, contractors should be encouraged to register ASAP. Contractors will be able to register during the reporting period (Oct. 1-10). Reports can be updated through the 21st day of the reporting period by contractors. After day 21, reports can only be unlocked by Federal Agencies based on identified issues. However, reports are expected to be complete and accurate by Oct. 10 (first reporting period). Primary responsibility for the accuracy of the reports rests with the prime contractor (recipient). Agencies are expected to perform some level of review but are not expected to validate the accuracy of the information provided. Some form of all reports submitted in federalreporting.gov will be posted to Recovery.gov which will be available to the public to review. The information will be used for a variety of purposes including compliance with award conditions, detection of waste, fraud and abuse and mgt. oversight. First point of contact for reporting problems should be the ARRA Recipient Reporting Service Desk available through the federalreporting.gov website. Service desk will provide POC at agency if needed (I am the ARRA coordinator, Ed perhaps for Simplified Acquisitions). Ed Wilgus is the POC for Simplified Acquisitions and Darryl Grant for Contracts > than the Simplified Acquisition Threshold. 2nd link – found at OMB website Answers include: Reporting requirements of FAR 52.204-11 only apply to ARRA funded contract actions. If supplementing an existing contract with ARRA funds, only the ARRA funds are reported. Typically registration happens fairly quickly. However, if an organization does not have a Central Contractor Registration (CCR) and Dun and Bradstreet No. (DUNS No.), registration may take several days. Thus, contractors should be encouraged to register ASAP. Contractors will be able to register during the reporting period (Oct. 1-10). Reports can be updated through the 21st day of the reporting period by contractors. After day 21, reports can only be unlocked by Federal Agencies based on identified issues. However, reports are expected to be complete and accurate by Oct. 10 (first reporting period). Primary responsibility for the accuracy of the reports rests with the prime contractor (recipient). Agencies are expected to perform some level of review but are not expected to validate the accuracy of the information provided. Some form of all reports submitted in federalreporting.gov will be posted to Recovery.gov which will be available to the public to review. The information will be used for a variety of purposes including compliance with award conditions, detection of waste, fraud and abuse and mgt. oversight. First point of contact for reporting problems should be the ARRA Recipient Reporting Service Desk available through the federalreporting.gov website. Service desk will provide POC at agency if needed (I am the ARRA coordinator, Ed perhaps for Simplified Acquisitions). Ed Wilgus is the POC for Simplified Acquisitions and Darryl Grant for Contracts > than the Simplified Acquisition Threshold.

8. 8 Questions?