DHS EXCEPTIONS TO OMB CIRCULARS A-110, A- 122, A~102 A-87, COMMON RULE AND A-21, Effective 7-1-90
Purpose Statement: In accordance with Maine Uniform Accounting and Auditing Practices for Community Agencies, (MAAP) Section .09,C{2}, the Department of Human Services (DHS) has elected to adopt the following exceptions to OMB Circulars A-110, A-122, A-102, A-87, Common Rule, and A-21.
Clarification Statements:
This policy will be continued under MAAP. Since any exceptions which are less restrictive than the Federal rules would only be valid with State funds, in most cases the Department has elected not to adopt exceptions which are less restrictive than Federal rules and thereby not to differentiate between State and Federal funding sources.
Department of Human Services MAAP Circular A-110 Exceptions
Attachment A: Cash Depositories
DHS has no exceptions to attachment A.
Attachment B: Bonding and Insurance Bonding
The Community Agency shall obtain and maintain at all times during the agreement period a Fidelity bond covering the activities of all employees who handle Community Agency funds in the amount of' 20% of their gross annual budget or the total amount of the grant whichever is less.
Insurance: In order to protect itself as well as DHS under the "State Held Harmless" clause of the agreement, the Community Agency shall at all times during the grant period, insure that there is in force liability insurance in the area covered by the DHS agreement This insurance shall provide adequate liability coverage to protect both the Community Agency and the Department from injury or damage suits arising out of the performance of the agreement. Prior to or upon the execution of the agreement, the Community Agency shall furnish the Department with written verification of the existence of such liability insurance coverage. In the event that any action , suit , or proceeding is brought against the Department on any matter herein indemnified against, the Department, as soon as practical, shall cause notice in writing thereof to be given to the Community Agency by certified mail addressed to the Community Agency's address shown herein. The Community Agency shall also maintain adequate insurance during the grant period to protect capital equipment from fire or thefts.
Attachment C: Retention and Custodial Requirements for Records
The Community Agency must adhere to the more restrictive of Attachment C or MAAP provisions for Retention and Custodial requirements for records.
Attachment D: Program Income
Unrestricted Donations - If the donor give the donations to the agency with no specific use identified, the donations are considered unrestricted and are under the complete control of the agency board of directors unless these donations have been committed through the contract `process in which case they are considered available income or program income to the extent of the amount received or budgeted, whichever is less.
Restricted donations - If the donor gives the donations to the agency with an intended use specified, namely the contract supported activity , then these donations are considered program income. These donations should be recognized as revenue based on the actual amount donated to the program . All client donations are considered a restricted donation.
Attachment E Cost Sharing and Matching
Attachment F: Standards for financial management
The Community Agency must adhere to the more restrictive of Attachment F or MAAP standards for financial management.
Attachment G: Financial Reporting Requirements
The Community Agency's management is responsible for the preparation and accuracy of these reports. For those agencies which are MAAP exempt or which do not have Independent Public Accountant (IPA) financial statement filing requirements, these reports are due to the DHS program manager and audit division within five months of the close of their fiscal year. For agencies who are not MAAP exempt and who have selected audit option 2b, (see MAAP, pages 27-32), the IPA is additionally responsible for issuing an opinion and a report on the Schedules of Agreement Operations/ Cost Determination. (A special report of this type is described in the Statement of Auditing Standards (SAS 62). Governmental Auditing Standards (GAGAS) refers to this type of audit as a "financial related audit " and provides performance and reporting standards).
For audit option 1, the community agency must prepare the Financial Claims and individual schedules and submit them to the appropriate DHS program manager and audit division within 5 months of the close of their agency fiscal year for all agreements active during the community agency's fiscal year. For audit option 2 , the filing requirement is one year and also includes all active agreements during a community agency's fiscal year.
Attachment H: Monitoring and reporting program performance
In addition to the requirements of Attachment H, the Community Agency shall follow the monitoring and program performance requirements of the DHS agreement and applicable DHS Bureau manuals as cited in Rider A of the agreement.
Attachment I: Payment requirements
The Community Agency shall follow the payment requirements of the agreement. This exception supersedes the payment requirements of Attachment I.
Attachment J: Revisions of financial plans
The following is in addition to the rules and requirements of Attachment J. The Community Agency shall revise its budget whenever one or more of the following conditions occur.
It should be noted the Community Agency may request a budget revision/amendment at any time.
Attachment K: Close-out Procedures
The following exception is in addition to the requirements of Attachment K:
Attachment L: Suspension and termination procedures
DHS has no exceptions to Attachment L
Attachment M: Standard forms for applying for DHS assistance
The forms of Attachment M are not applicable, except when an agency receives direct federal funds. The standard forms for applying for DHS assistance are contained in the appropriate DHS Bureau or Division manuals. (If no departmental manual exists the community agency should request assistance from the bureau director].
Attachment N: Property Management Standards
DHS has no exceptions to Attachment N
Attachment O: Procurement standards
In addition to attachment O, DHS requires that MAAP standards be followed when arranging for agency wide audits (see MAAP section 6).
State of Maine
Department of Human Services
Certification of Financial Claims Report(s)
Community Agency: _________________________________________
Street Address: _____________________________________________
City, State Zip: _____________________________________________
Telephone: ________________________________________________
Community Agency Fiscal Year End: ____________________________
Agreement Number Agreement Period Amount
MAAP Community Agencies: I/we certify that the attached financial report(s) have been prepared based upon our IPA's financial statements and subject to the terms and conditions of the applicable agreements.
Signature: ______________________________________________________
Chief Fiscal Officer: _______________________________________________
Date Prepared: __________________________________________________
Executive Director: _______________________________________________
MAAP Exempt agencies and MAAP agencies with less than $25,000: I/we certify that the attached financial report(s) have been prepared based upon the Agency's internal accounting records subject to the terms and conditions of the applicable agreements.
Signature: ______________________________________________________
Chief Fiscal Officer: _______________________________________________
Date Prepared: __________________________________________________
Executive Director: _______________________________________________
Department of Human Services
Agreement Operations: Cost Determination Report
Community Agency Information:
Name: ____________________________________________________
Agency Fiscal Year End: _____________________________________
Agreement Information:
Agreement Number: _________________________________________
Agreement Period: __________________________________________
Agreement Amount: _________________________________________
Agreement Amount Prorated to Audited Period: ____________________
Part I. Agreement Totals Revenue Expense Balance
1 Per Agency Ledger __________ __________ __________
Adjustments __________ __________ __________
Per Financial Statements __________ __________ __________
Part II. Adjustments - Eliminations and non-allowable
Description Revenue Expense Balance
Part III. Cost Sharing
Funding Sources % of Total Available Available Income Allocated Revenue Expense Balance
Instructions for Agreement Operations/Cost Determination Reports
Part I.
Line 1. Agreement Totals - Include total revenue and expense per ledger or financial statements as applicable.
Part II.
Line 2. 14 Adjustments - Increase (decrease) revenue and/or expense totals based upon (a) agreement negotiated fiscal provisions and (b) MAAP cost principles and DHS exceptions applicable to the type of Community Agency (see MAAP II section 09) .
Generally, adjustments are made for the following:
- restrictive income applied against expenses;
- per agreement budget;
- elimination of non-allowable expenses ( utilize A-87 or A-122 and DHS circular exceptions as applicable for the type of entity audited);
- recognition of available income as negotiated in the agreement
- elimination of in-kind contributions;
A supplemental page for description of adjustments should accompany the financial report (if necessary) .
Line 15. Total Adjustments - sum lines 2 through 14
Line 16. Totals Available for Cost Sharing - line 1 minus line 15.
Part III.
Line 17 - 24. List each funding source supporting the contract program activity and include the following information;
- Funding Source - List each specific agreement with DHS and include " all other " to recognize all other funding sources.
- % of Total Available Income - Funding source revenue divided by total available revenue (line 24. .
- Available revenue - List available income for each DHS agreement and ''all other". See attachment D and DHS exceptions for definitions of available income
-Allocated Expenses - Total expense (line 24.) times % of total available income
- Balance - Available revenue minus Allocated Expense
MAAP Circular A-122 Exceptions
# 6 Compensation for personal services
Special incentive payments to employees are allowable to the extent that they have the prior written approval of the DHS agreement administrator, and are in compliance with the specific restrictions and limitations of OMB Circular A-122, Attachment B, # 6 h. Bonus payments and any after the fact payments to share in a program surplus are unallowable.
# 19 Interest, Fund-raising and investment management costs
Interest on short-term cash flow loans are allowable to the extent they are related to the agreement. Short term is defined as one year or less. Prior written approval is necessary in all circumstances.
# 50 Travel costs
If no written Community Agency policy exists regarding travel costs, State of Maine Employee travel reimbursement policy shall be followed. Additionally, DHS must give prior written approval to out of state travel not originally approved in the DHS agreement .
MAAP Circular A-102 Exceptions
Circular A-102
DHS has no exceptions to this circular.
MAAP Circular A-87 Exceptions
Attachment B, part C, 3 - Equipment and other capital expenditures
Prior permission from the Department is required to purchase capital equipment over $500.
Attachment B, part D #7 - Interest
Interest on short-term cash flow loans are allowable to the extent they are related to the agreement. Short term is defined as one year or less. Prior written approval is necessary in all circumstances.
Attachment B, part A, #28 - Travel costs
If no written Community Agency policy exists regarding travel costs, State of Maine Employee travel reimbursement policy shall be followed. Additionally, DHS must give prior written approval to out of state travel not originally approved in the DHS agreement .
MAAP Common Rule Exceptions
Except as otherwise noted in this exception, the Community Agency is expected to comply with all portions of the Common Rule:
Subpart A - General
92.1 Purpose and scope of this part
92,2 Scope of sub-part
92.3 Definitions
92.4 Applicability
92.5 Effect on other Issuances
92.6 Additions and exceptions
Subpart B - Pre Award Requirements
92.10 Forms for applying for grants
92.11 State plans
92.12 Special grant or sub-grant conditions for high risk grantees
Subpart C - Post Award Requirements
Financial Requirements
92.20 Standards for financial management
The Agency must adhere to the more restrictive of section 92.20 or MAAP standards for financial management. Financial reporting must be based on section 92.41 and allowable costs must be based on section 92.22.
92.21 Payment
The payment requirements of 92.21 are not applicable. The Agency shall follow the payment requirements of the agreement.
92.22 Allowable costs
In addition to the applicable Circular, the agency needs to follow the DHS exceptions.
92.23 Period of availability of funds (b) Liquidations of obligations
Community Agency's must liquidate all obligations incurred under the award no later than the period required for submission of the final agreement report (see 92,41 1 a).
92.24 Matching or cost sharing
92.25 Program Income
Unrestricted donations - If the donor gives the donations to the agency with no specific use identified, the donations are considered unrestricted and are under the complete control of the agency board of directors unless these donations have been committed through the contract process in which case they are considered available income or program income to the extent of the amount received or budget , whichever is less.
Restricted donations - If the donor gives the donations to the agency with an intended use specified/ namely the contract supported activity , then these donations are considered program income. These donations should be recognized as revenue based on the actual amount donated to the program. All client donations are considered a restricted donation.
92.26 Non federal audit
In addition to federal audit requirements the agency must adhere to the MAAP audit requirements if applicable.
Changes, Property, and Sub-awards
32.30 Changes
The Community Agency shall revise/amend its budget whenever one or more of the following conditions occur
It should be noted the Community Agency may request a budget revision/amendment at any time.
92.31 Real property
92.32 Equipment
92.33 Supplies
92.34 Copyrights
92.35 Sub-awards to debarred and suspended parties
92.36 Procurement
92.37 Sub-grants
Reports, Records Retention and Enforcement
92.40 Monitoring and reporting program performance
Program performance reporting shall be based on the terms of the written agreement and applicable DHS Bureau manual as cited in Rider A of the agreement.
92.41 Financial reporting
The Community Agency's management is responsible for the preparation and accuracy of these reports. For those agencies which are MAAP exempt or which do not have Independent Public Accountant (IPA) financial statement filing requirements, these reports are due to the DHS program manager and audit division within five months of the close of their fiscal year. For agencies who are not MAAP exempt and who have selected audit option 2b, {see MAAP, pages 27 - 323, the IPA is additionally responsible for issuing an opinion and a report-on ,-the Schedules of Agreement Operations/ Cost Determination. (A special report of this type is described in the Statement of Auditing Standards (SAS 62). Governmental Auditing Standards (GAGAS) refers to this type of audit as a "financial related audit " and provides performance and reporting standards).
For audit option 1, the community agency must prepare the Financial Claims and Individual Schedules and submit them to the appropriate DHS program manager and audit division within 5 months of the close of their agency fiscal year for all agreements active during the community agency's fiscal year. For audit option 2 , the filing requirement is one year and also includes all active agreements during a community agency's fiscal year.
92.42 Retention and access requirements for records
The Agency must adhere to the more restrictive of 92.42 or MAAP.
92.43 Enforcement
92.44 Termination for convenience
Subpart D After the Grant Requirements
92.50 Close-out
92.51 Later disallowance and adjustments
92.52 Collection of amounts due
Subpart E Entitlements
State of Maine
Department of Human Services
Certification of Financial Claims Report(s)
Community Agency: _________________________________________
Street Address: _____________________________________________
City, State Zip: ______________________________________________
Telephone: ________________________________________________
Community Agency Fiscal Year End: ____________________________
Agreement Number Agreement Period Amount
MAAP Community Agencies: I/we certify that the attached financial report(s) have been prepared based upon our IPA's financial statements and subject to the terms and conditions of the applicable agreements.
Signature: _______________________________________________________
Chief Fiscal Officer: _______________________________________________
Date Prepared: ___________________________________________________
Executive Director: ________________________________________________
Department of Human Services
Agreement Operations: Cost Determination Report
Community Agency Information:
Name: ____________________________________________________
Agency Fiscal Year End: ______________________________________
Agreement Information:
Agreement Number: _________________________________________
Agreement Period: __________________________________________
Agreement Amount: _________________________________________
Agreement Amount Prorated to Audited Period: ____________________
Part I. Agreement Totals Revenue Expense Balance
1 Per Agency Ledger __________ __________ __________
Adjustments: __________ __________ __________
Per Financial Statements __________ __________ __________
Part II. Adjustments - Eliminations and non-allowable
Description Revenue Expense Balance
Part III. Cost Sharing
% of Total Available Allocated
Funding Sources % of Total Available Available Income Allocated Revenue Expense Balance
Instructions for Agreement Operations/Cost Determination Reports
Part I.
Line 1 Agreement Totals - Include total revenue and expense per ledger or financial statements as applicable.
Part II
Line 2-14 Adjustments - Increase (decrease) revenue and/or expense totals based upon (a) -agreement negotiated fiscal provisions and (b) MAAP cost principles and DHS exceptions applicable to the type of Community Agency (see MAAP II section 09) .
Generally, adjustments are made for the following:
- restrictive income applied against expenses;
- eliminations/additions per agreement budget;
- elimination of non-allowable expenses (utilize A-87 or A-122 and DHS circular exceptions as applicable for the type of entity audited);
- recognition of available income as negotiated in the agreement
- elimination of in-kind contributions;
A supplemental page for description of adjustments should accompany the financial report (if necessary) .
Line 15 Total Adjustments - sum lines 2 through 14
Line 16 Totals Available for Cost Sharing - line 1 minus line 15.
Part III.
Line 17-24 List each funding source supporting the contract program activity and include the following information:
- Funding Source - List each specific agreement with DHS and include " all other " to recognize all other funding sources.
- % of Total Available Income - Funding source revenue divided by total available revenue (line 24.).
- Available revenue - List available income for each DHS agreement and "all other''. See attachment D and DHS exceptions for definitions of available income
- Allocated Expenses - Total expense (line 24.) times % of total available income
- Balance - Available revenue minus Allocated Expense
MAAP Circular A-21 Exceptions
# 13 Equipment and Other Capital Expenditures
Prior permission from the Department is required to purchase capital equipment over $500.
# 17 Interest, Fund-Raising and Investment Management Costs
Interest on short-term cash flow loans are allowable to the extent they are related to the agreement. Short term is defined as one year or less. Prior written approval is necessary in all circumstances.
# 43 Travel costs
If no written Community Agency policy exists regarding travel costs, State of Maine Employee travel reimbursement policy shall be followed. Additionally, DHS must give prior written approval to out of state travel not originally approved in the DHS agreement .
C.M.R. 10, 144, ch. 50