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ARRA Reporting Information for Direct Recipients of Awards

Posted: September 22nd, 2009

The American Recovery and Reinvestment Act of 2009 (ARRA) has created opportunities for significant investment in Vermont for business development; support of educational programs; expansion of housing, nutrition and other public services; construction of transportation , water and wastewater infrastructure; and substantial opportunity to retain and increase jobs.

Many of the program offerings pass through existing state activities. Others, however, are awarded directly to individuals, businesses, municipalities and regional authorities, and to non-profit organizations. Most recipients of ARRA funds must register and report on the use of the funds awarded. The information below is provided to assist recipients whose funding is not via an existing state agency program.

 
In addition to these notes, recipients should thoroughly review the grant agreement with the host federal agency and direct any specific questions to that agency. Most have recovery websites with sections for frequently asked questions and contact information for questions to the agency.
 
Prime recipients are non-Federal entities that receive Recovery Act funding as Federal awards in the form of grants, loans, or cooperative agreements directly from the Federal government. These recipients include: non-profit organizations, businesses, local government, and may include individuals in some cases, that have received Federal American Recovery and Reinvestment Act of 2009 ARRA funding. They have reporting requirements identified by the Office of Management and Budget (OMB) and may have additional requirements identified in the notices of award and/or grant agreements from the host agency.
 
Reporting:  Prime recipients of ARRA funding should register as required. Information and reporting requirements for registration can be found at the website www.FederalReporting.gov where the FAQ tab might be helpful.  Required reports can be submitted beginning October 2009. First quarter reporting deadline: October 10, 2009.   
 
DUNS number: Prime recipients and delegated sub-recipients will need a D-U-N-s number. Dun & Bradstreet (D&B) maintains a business database containing information on more than 100 million businesses worldwide. D&B provides a D-U-N-S number, a unique 9-digit identification number, for each physical location of a business organization. D-U-N-S Number assignment is FREE for all businesses (recipients) required to register with the U.S. Federal government for contracts or grants. See web link:
 
CCR registration: Prime recipients and delegated sub-recipients must also register in the Central Contractor Registration (CCR), the primary registrant database for the U.S. Federal Government.  CCR collects, validates, stores and disseminates data in support of agency acquisition missions. FREE registration is available at: http://www.ccr.gov/Default.aspx.
 
Infrastructure: The Recovery Act stipulates that specific federal statutes apply in the use of ARRA funding, especially if the funds are to be used for infrastructure. The recipient should coordinate directly with the applicable Federal agency to determine what reporting requirements and ARRA stipulations apply to the grant, loan, or cooperative agreement.
 
The following should be considered for each request for bids and contract unless the host Federal agency indicates otherwise.
 
Job estimates should be submitted by recipients of Recovery funds for each project or activity. Recipient reporting requirements for grants, cooperative agreements, and loans are published on the website www.federalreporting.gov.
 
Buy America: Section 1605, the Buy American provision of the Recovery Act, sets forth the clear expectation that all the iron, steel, and manufactured goods used in ARRA-funded public buildings or public works projects will be produced in the United States. OMB Guidance, http://edocket.access.gpo.gov/2009/pdf/E9-9073.pdf , describes this requirement and identifies when a waiver of this section might be allowed. 
 
Protection of the Environment:  It was the intent of the Congress and of the Recovery Act that the provisions of law for the protection of the environment would not be waived for any project using ARRA funding. Specifically Section 1609 requires that, “Adequate resources must be devoted toensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis.” As a result, some agencies have recommended that any necessary environmental permitting or acquisition of real estate should be done prior to application for ARRA funding in order ensure that any ARRA funds can be expended as required within the constraints of the Act. 
 
Davis-Bacon and Related Acts: The Federal Davis Bacon and Related Acts (“DBRA”) requires all contractors and subcontractors performing work on construction contracts in excess of $2,000, paid for in whole or in part with federal funds, to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.  The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts.  The following web links may be helpful Davis-Bacon information.
·         Occupational Outlook Handbook (OOH), 2008-09 Edition (great place to search for job descriptions)   www.dol.gov/esa/programs/dbra/index.htm
·         The Davis-Bacon Act   www.access.gpo.gov/davisbacon/allstates.html
·         HUD contractor’s guide to Davis-Bacon
 
Mel Adams