Frequently Asked Questions (FAQs) - All Recipients
Please reference the following links for answers to Frequently Asked Questions about ARRA and Recipient Reporting:
Q. The first report is due October 10; we have signed an agreement with IHS but have not received any funds or begun any work. What do we report if we have not begun the project?
A. If signed award exists prior to October 1, the recipient must report, even if zero funds have been received or spent by the recipient. Amount of funds received and spent are ARRA reportable data items
Q. If a tribe receives ARRA funding for several different projects, service or programs (e.g. health, transportation, road construction, etc.), do we just submit one report on www.federalreporting.gov
or do we have to create separate reports for each project?
A. Yes. You have to create separate reports for each project. . Recipients need to report on each individual award.
Q. Will all the projects be linked together on the www.federalreporting.gov
site under the Tribe's name and DUNS number?
A. Projects are not linked on the reporting site. The funding recipient will need to create a report for all projects for which they receive Recovery Act money.
Q. Are there additional reporting requirements beyond the www.federalreporting.gov
A. ARRA Transparency Reporting Requirements (Section 1512) are unique and required for accepting ARRA funds. However, applicable contract provisions remain in effect, including any reports typically required under the ordinary terms of the contract.
Q. We received ARRA funds to purchase health equipment. How do we account for "jobs created or preserved"?
A. If the recipient is reporting on just equipment purchases, please indicate the number of jobs created as zero.
Q. I received a construction contract award. Do I need to complete the "infrastructure" section on the FederalReporting.gov report?
A. No. According to The Act (Section 1512 (E)), only State and local governments must report on infrastructure investments.
Q. I have registered on the www.federalreporting.gov website but am not sure which Excel Template I should use.
A. If you have been awarded a federal contract (FAR contract) then you will use the "Contracts" template. If you have received an award through any other mechanism (P.L. 93-638 Title I, P.L. 93-638 Title V, or MOA), you will need to use the "Grants and Loans" template.
Q. Does the Wage Rate Requirements - Section 1606 of the Recovery Act - apply to tribal construction contracts?
A. Exclusion of Section 1606 of the Recovery Act for tribal construction contracts is the same as the Indian Self Determination Education and Assistance Act's (P.L. 93-638) exclusion, therefore, IHS is utilizing the P.L. 93-638 regulations for Davis Bacon wage determinations, which states Davis Bacon wages do not apply to tribal employees on construction contracts issued by tribes or tribal organizations. Davis Bacon wages do apply to non-tribal employees on these contracts.
Q. How does the Buy American Requirements - Section 1605 of the Recovery Act - apply to Recovery Act projects and medical equipment procurements?
A. Section 1605 requires that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." The Office of Management and Budget (OMB) guidance provides the following definition of a public work or public building: "means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying island of the United States; States and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works."
If the Recovery Act project is for the construction, alteration, maintenance, or repair of a public building or public work of a governmental entity, the Section 1605 Buy American provision applies. If the Recovery Act project does not involve public buildings or public works, then the project will not be subject to the Section 1605 Buy American provision. For example, a tribal healthcare facility is not considered a "public building" since it is not government owned and/or rarely serve the public at large. In most circumstances a government-owned IHS healthcare facility also rarely serves the public at large and therefore does not meet the OMB guidance definition of a public building. In addition, medical equipment procurement activities using Recovery Act funds are also not subject to the Buy American Act.
Q. How are "savings" or "excess funds" under a P.L. 93-638 Title I contract, a Title V construction project agreement, or a medical equipment procurement activity?
A. Section 6 of the Recovery Act Addendum to Tribal Contracting Agreements states: "ARRA funds must be expended for the specific purpose outlined in this Agreement. The Tribe understands it is not authorized to rebudget, redesign, reallocate, or reprogram ARRA funds without written authorization from the Awarding Agency." Use of any "savings" are handled differently depending on the type of agreement (Title I, Title V or ARRA medical equipment addendum):
|Type of Agreement
||Addendum to Existing FA/AFA
Title I Construction Agreement
There are no savings in a fixed price contract. Excess funds remaining at the end of a lump sum fixed price project are considered profit.
Use of savings determined by IHS after consultation with tribe.
Title V Construction Agreement
There are no savings in a fixed price construction project agreement. Excess funds remaining at the end of a lump sum fixed price project are considered profit.
May be used for additional services for which funds originally appropriated. No approval by IHS is needed.
Use of savings determined by IHS after consultation with tribe. The funds should be used only for the purposes that it was originally appropriated for; e.g., medical equipment funds used for procurement of additional medical equipment.
BACK TO TOP