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PL 93-638 AWARD PROCESSPL 93-638 AWARD PROCESSFOR

AMERICAN RECOVERY ANDAMERICAN RECOVERY AND REINVESTMENT ACT

(ARRA)(ARRA)

NILAH DEVANEYNWRO, AWARDING OFFICIAL503-872-2867 E-Mail: nilah.devaney@bia.gov

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ARRA OVERVIEW ON DEADLINES

FEBRUARY 17 2010 AWARD DEADLINE FOR ELIGIBLE PROJECTS• FEBRUARY 17, 2010, AWARD DEADLINE FOR ELIGIBLE PROJECTS

• TRIBES HAVE LESS THAN 99 WORKING DAYS TO SUBMIT ELIGIBLE PROJECTS BEFORE THE DEADLINEPROJECTS BEFORE THE DEADLINE.

• SEPTEMBER 30, 2010, DEADLINE FOR SECOND ARRA DISTRIBUTION FUNDS. DETAILS OF REDISTRIBUTION FORTHCOMING.

• DEADLINE TO COMPLETE CONSTRUCTION PROJECTS: SEPTEMBER 30, 2012.

• SHOVEL READY PROJECTS MUST BE COMPLETED TIMELY AS AWARDED AND REPORTED (START AND END DATES). DO NOT EXTEND PROJECT INTO 2012 IF YOUR PROJECT DOES NOTDO NOT EXTEND PROJECT INTO 2012 IF YOUR PROJECT DOES NOT WARRANT EXTENDING INTO ADDITIONAL YEARS.

ARRA FUNDING SUMMARY

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ARRA FUNDING SUMMARYTWO ARRA ROADS FUNDING SOURCES

ARRA CONSTRUCTION (FER) ARRA REPAIR AND RESTORE

• ARRA FUNDS FROM FHWA • ARRA BIA DOI • ARRA FUNDS FROM FHWATO BIA-DOT CENTRAL OFCFUNDS ARE HELD IN CENTRAL OFFICE

• ARRA BIA DOI REPAIR AND RESTORE FUNDS ARE HELD IN BIA NWROCENTRAL OFFICE

• PROJECT APPROVAL AT BIA DOT LEVEL AND

BIA, NWRO

• PROJECT APPROVAL AT BIA-DOT LEVEL ONLYBIA-DOT LEVEL AND

FHWA

BIA DOT LEVEL ONLYFHWA NOT APPLICABLE

ARRA DIFFERENCE

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ARRA DIFFERENCEIN PROJECT APPROVAL PROCESS

ARRA CONSTRUCTION (FER) ARRA REPAIR AND RESTORE

• DOT CENTRAL . • ARRA BIA REPAIR AND FUNDS ARE HELD IN CENTRAL OFFICE

RESTORE FUNDS ARE HELD IN BIA, NWRO

• PROJECT APPROVAL AT BIA-DOT LEVEL ANDFHWA APPROVAL

• PROJECT APPROVAL AT BIA-DOT LEVEL ONLYFHWA NOT APPLICABLE

• FUNDS NEED TO BE ALLOCATED TO THE REGION

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AWARD OVERVIEW

•Pre-award process

•Contract Award

•Contract AdministrationContract Administration

•Close Out

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Pre-Award: What is needed to apply for a PL 93-638 ARRA Construction contract? See SAMPLES

• Contract Application and Tribal Resolution

• Addendum certification to comply with ARRA• Addendum certification to comply with ARRA

• Plans, Specifications, Engineer’s Estimate

• Copy of approved NEPA

• Copy of approved Right of Way

• Copy of the funding approval from ▫ (BIA DOT – Central Office) for IRR and R/R▫ (Federal Highway ) additional approval for IRR only

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Pre-Award: What is needed to apply for a PL 93-638 ARRA Repair and Restore contract? See SAMPLES

• Contract Application and Tribal Resolution

• Addendum certification to comply with ARRAAddendum certification to comply with ARRA

• Abbreviated Plans, Specifications, Engineer’s Estimate

• Work Plan• Copy of approved NEPA

• Copy of the funding approval from ▫ (BIA DOT – Central Office) Only

FHWA l i t i d▫ FHWA approval is not required

Pre Award: What ARRA review process is required

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Pre-Award: What ARRA review process is required prior to award? (SEE RISK ASSESSMENT HANDOUT

Risk Assessment Re ie BIA A arding Official ▫ Risk Assessment Review: BIA Awarding Official conducts a Financial Management Capacity Assessment

▫ Risk Assessment Review: BIA AOTR’Sconducts a Tribal Resources Assessment

A T ib h C t t/P t ▫ Assure Tribe has a Contract/Procurement procedure in place to meet ARRA competitive bidding requirements b dd g equ e e ts

Pre Award: Will BIA and Tribe conduct contract

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Pre-Award: Will BIA and Tribe conduct contract negotiations before award? (Yes)

Application is reviewed by BIA Team▫ Application is reviewed by BIA Team Awarding Official Approving Official Designated Roads Representative/AOTR’s

▫ Risk Assessment is reviewed with determination if▫ Risk Assessment is reviewed with determination if Tribe meets and is in compliance with ARRA

Pre Award: Will BIA and Tribe conduct contract

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Pre-Award: Will BIA and Tribe conduct contract negotiations before award? (Yes)

▫ Tribal Negotiation Team will be notified to schedule a▫ Tribal Negotiation Team will be notified to schedule a negotiations session.

▫ Tribal Negotiation Team may consist of: Tribal Compliance Officer Tribal Finance Officer Tribal Contracts and Grants Officer Attorney Transportation Planner and ARRA Compliance Officer Designated Project Manager Designated Project Manager Other as necessary

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Pre-Award: Tribes must register in the Central Contractor Registration (CCR) at www.ccr.gov

SEE CCR HANDOUT FOR DISCUSSION

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Pre-Award of Subcontractors: All Tribal Subcontractors MUST be registered in CCR to receive awards www ccr govreceive awards www.ccr.gov

/ CCTribes and/or their Engineers must provide CCR Registration language as a bid responsive item in their solicitation/bid packagestheir solicitation/bid packages.

C t t A d Wh ill th T ib i

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Contract Award: When will the Tribe receive a contract ?

• AN AWARD CAN BE MADE FOLLOWING

▫ COMPLETED APPLICATION AND DOCUMENTS

▫ APPROVING OFFICIAL DETERMINATION OF NO DECLINATIONS IN THE APPLICATIONTHE APPLICATION

▫ NEGOTIATIONS FOR A MUTUAL AGREED ARRA CONTRACT

▫ FUNDING AVAILABILITY AND APPROVALS

C t t A d I t t t t d

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Contract Award: Important contract award requirements?

• KNOW THE CONTRACT TERMS, CONDITIONS, DEADLINES• DEVELOP TRACKING TOOL FOR :

▫ DELIVERABLES▫ REPORTS▫ PAYMENT REQUIREMENTS

FINANCIAL AND PROPERTY REQUIREMENTS▫ FINANCIAL AND PROPERTY REQUIREMENTS ▫ KNOW WHAT TRIBAL ARRA TEAM MEMBER IS RESPONSIBLE FOR

WHAT PHASES OF THE CONTRACT REQUIREMENTS

Contract Administration: Is Advance Payment

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Contract Administration: Is Advance Payment allowed under ARRA?

• Initial Advance Payment will be negotiated. The amount determined based on Risk Assessment Rating and the determined based on Risk Assessment Rating and the complexity of the project

C i hl ifi d • Construction Monthly certified Progress Payments Requests will be required based on work completed and accepted by all parties and receipt of certified payrollp y p p p y

• Tribe and Subcontractors must certify they will meet ARRA ti i t F il t l BIA ARRA reporting requirements. Failure to comply BIA may withhold payment.

Contract Administration: Tribe must develop a

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Contract Administration: Tribe must develop a ARRA Report Tracking System.

ARRA Report Due DatesE ample ARRA Q arterl ARRA Report Due DatesExample: ARRA Quarterly Reports are Due by the 10th

Day following FY QuartersDay following FY Quarters

FAILURE TO REPORT

ARRADUE

FAILURE TO REPORT BY DUE DATES RISK:1) Non Payment DUE1) Non Payment2) Termination of the

contract 3) Return of funds

C t t Ad i i t ti H t ld

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Contract Administration: How many reports could one ARRA contract require in one year?

• 1 Initial FHWA Report• 48 Weekly FHWA Reports (4 per mo x 12 mo)

• 24 Monthly Reports FHWA (2 per month x 12 months)• 24 Monthly Reports FHWA (2 per month x 12 months)

• 4 ARRA Quarterly Reports (4 per year) federalreporting.gov

• 4 SF-269 Financial Reports - 638 (4 per year) p• 4 Narrative Accomplishment Reports 638 (4 per year)

• 1 A-133 Single Audit 638 (1 per year)

86• 86 TOTAL REPORTS DUE ONE CONTRACT ONE YEAR

• 172 TOTAL REPORTS DUE ONE CONTRACT TWO YEARS

C t t Ad i i t ti H ARRA

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Contract Administration: How many new ARRA contracts Tribes might be awarded? (At least 2)

• 2 Initial FHWA Report• 96 Weekly FHWA Reports (4 per mo x 12 mo)

• 48 Monthly Reports FHWA (2 per month x 12 months)• 48 Monthly Reports FHWA (2 per month x 12 months)

• 8 ARRA Quarterly Reports (4 per year) federalreporting.gov

• 8 SF-269 Financial Reports - 638 (4 per year) p• 8 Narrative Accomplishment Reports 638 (4 per year)

• 1 A-133 Single Audit 638 (1 per year)

171• 171 TOTAL REPORTS DUE TWO CONTRACTS TWO YEARS

• 342 TOTAL REPORTS DUE TWO CONTRACTS TWO YEARS

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Contract Administration: How will you track your reports? • Questions to ask?• How will you track your reports?• How will you track your subcontractors reports?• Who will be responsible for tracking?

Will h b k l i h b f • Will you have a back up plan in the absence of responsible staff?

Contract Administration: Transparency and

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p yAccountability

AS A RECEPIENT OF ARRA FUNDSAS A RECEPIENT OF ARRA FUNDSEXPECT TO BE VISITED BY:

Bureau of Indian AffairsBureau of Indian AffairsFederal Highway AdministrationOffice of Inspectors GeneralAccountability and Transparency BoardGovernment Accountability Office

KEEP ARRA FILES IN SEPARATE FILE CABINETS

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Contract Administration: Finance must keep ARRA funds in a separate account.

• Tribes must keep ARRA funds in a separate account from all other fundsaccount from all other funds.

• No commingling of funds.

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Contract Administration: Transparency and Accountability

• Document…Document…Document

Keep copies of all records, bid advertisements,Awards, notice to proceed letters, submittals, E-MailsTelephone documentations, reports, meeting notes,p , p , g ,invoices, submittals, payments, etc, etc.

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Contract Administration: Submit construction project records during the project?

• Documentation requirements can be found in ifi i i l your contract, specifications, IRR Business Plan

and all other negotiated deliverables.

• Preconstruction Meetings are held prior to a Notice to Proceed and provide clear direction on Notice to Proceed and provide clear direction on the required construction and contract submittals

Contract Administration: Communication,

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Contract Administration: Communication, Communication, Communication, Communication! Keep everyone informed at all times!

C t t Ad i i t ti K i t f

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Contract Administration: Know your points of contacts and their authorities? BIA

• BIA Awarding Official, Indian Self Determination Specialists: Contract and Modification (Award Authority)

• BIA Approving Official Director, Division of Transportation Program Recommendation and Technical Approval. No contract authority

• Awarding Official Technical Representatives (AOTR’s) Division of Transportation Technical Staff various Titles▫ Program Recommendation and Technical Approval ▫ No contract authority

C t t Ad i i t ti K i t f

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Contract Administration: Know your points of contacts and their authorities? TRIBE

• Know who has Tribal contract award authority? Tribal Chairman and written delegated staff

• If you have not received written authority to negotiate and award contracts or modifications do not direct, approve authorization of changed work on behalf of the Tribe. Know you authority limitations.

• Subcontractors have no authority to proceed with performing ANY changed work outside their agreed

b t t ith t T ib l d BIA A l Ri k fsubcontract without Tribal and BIA Approval. Risk of proceeding without approval is NON-PAYMENT.

C t t Ad i i t ti T ib d S b t t

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Contract Administration: Tribes and Subcontract Points

Use of BIA IRR funds for Design of your ARRA funds• Use of BIA IRR funds for Design of your ARRA funds requires a Pre-Design Meeting.

▫ Assures ARRA Requirements are understood▫ Assures Scope of Work is clear

Determines ho is performing hat phase of project▫ Determines who is performing what phase of project such as NEPA and Right of Way

▫ Set Milestones for completion of all phasesp p

C t t Ad i i t ti T ib d S b t t

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Contract Administration: Tribes and Subcontract Points for Design Development.

Tribes must assure your Engineer Designs your project• Tribes must assure your Engineer Designs your project to apply for ARRA FUNDS in accordance with 25 CFR Part 170, 25 CFR Part 900 and ARRA.

▫ ARRA Requirements are understood▫ Scope of Work and fast tracking deadlines are clear▫ Scope of Work and fast tracking deadlines are clear▫ Determines who is performing what phase of project such

as NEPA and Right of WayD l D i S h d l /Mil t f l ti f ll▫ Develop Design Schedule/Milestones for completion of all contracted phases

C t t Ad i i t ti S b t t

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Contract Administration: Subcontractor Requirements for Davis Bacon Act.

• Davis Bacon Act is required for all ARRA Construction qContracts using (ARRA FER) funds in all subcontracts.

• Davis Bacon Act is exempt (not required) for ARRA BIA Repair and Restore projects.p p j

CONTRACT CLOSEOUT

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CONTRACT CLOSEOUT: • Construction Project Closeout occurs after:▫ Substantial Project Completion▫ Develop Project Punch List▫ Final Project InspectionFinal Project Inspection▫ Final As Builts and Project Records▫ Final Acceptance

• A construction contract close out is the final accounting of all IRR construction project review all accounting of all IRR construction project, review all obligations, final expenditures, release of claims and close out reports

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TEAMWORK, COMMUNICATION, DOCUMENTATION AND TIMELY REPORTING WILL MEET THE MISSIONAND TIMELY REPORTING WILL MEET THE MISSION

OF THE AMERICAN RECOVERY AND REINVESTMENT ACT

OF 2009OF 2009

WE LOOK FORWARD TO SUCCESSFUL ARRA PROJECTS

THANK YOU FOR YOUR TIME

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THANK YOU FOR YOUR TIMEANY QUESTIONS?