KPMG Advisory Services
Recovery.gov & FFATA
Business

March 8, 2009
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KPMG Advisory Services
Recovery.gov & FFATA
Business
Table of Contents
KPMG Advisory Services
Recovery.gov & FFATA
Business
The American Recovery and Reinvestment Act (ARRA), (Stimulus Bill) enacted February 17, 2009 proposed $800+ billion of fiscal spending in addition to the Troubled Asset Relief Program (TARP) $700 billion spending authorized and appropriated on October 3, 2008. Both Acts provide for transparency and accountability regarding fiscal spending and include appropriations for administrative support. Both acts provide for Board for governance. Sec. 104 of TARP authorizes the Financial Stability Oversight Board and Sec. 118 provides funding for administrative cost. ARRA, Sec. 1521 establishes the Recovery Act Accountability and Transparency Board. and, ARRA Title V—Financial Services and General Government appropriates $84 million for expenses to remain available until September 30, 2011. Hyperlinks to the foregoing legislation are included in Appendix I below. Appendix I also include hyperlinks to other funding, transparency, and accountability legislation including PL109-282 Federal Funding Accountability and Transparency Act, Senate Bill S.3077, To strengthen transparency and accountability in Federal spending, and HR1106, Helping Families Save Their Homes Act of 2009.
The following are identified agency opportunities:
·
HHS, HRSA –
Meeting scheduled March 11, 2009, with
·
GSA/OMB –
Meeting to be scheduled for either March 20 or 27, 2009 to discuss Recovery.gov
and FFATA reporting requirement for near term sub tier level 1 Recovery.gov
reporting and long term sub tier nth level reporting.
·
DOD IG –
Dr.
·
·
Treasury
Fiscal Service –– Ken Carfine, Fiscal Assistant Secretary contact regarding
TARP Accounting & Reporting and Governmentwide Accounting & Reporting.
The OMB Guidance M-09-10-Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009 and Recovery Act Architecture – Package s v0.032 - February 17, 2009 provide for Agency data collection and transparency reporting through the maintenance of websites that report agency use of ARRA funding and are integrated with the ARRA Board’s Recovery.gov website. GSA is required to provide, in accordance with Sec. 1525(c), administrative support to the Recovery Board related to administrative support services, including the provision of office space and facilities. In addition Sec. 1524(f) provides for the transfer of Board funds “for expenses to support administrative support services and audits, reviews, or other activities related to oversight by the Board of covered funds to any office of inspector general, the Office of Management and Budget, the General Services Administration, and the Panel.” Administrative support services could therefore be used for agency planning and system implementation at both the Departmental strategic and tactical planning level and bureau operational requirements analysis and system implementation levels in support of ARRA requirements which would include:
·
Prime
& Sub Tier 1 Data Collection System Implementation Support
·
Business
Intelligence and Financial Analysis Support
·
Staff
Support - Accounting Operations, Auditing, & Contract Management Support
Federal
Funding Accountability and Transparency Act (FFATA) requirements provide for
expanded data collection and transparency requirements beyond Recovery.gov
requirements. FFATA requirements provide
for data collection for “all” contract, grant, and loan expenditures above
$25,000 to the nth sub contract and sub grant level. Funding for these expanded administrative
support services could be considered to be applicable to ARRA requirements,
however may not be applicable to program expenses that fall outside ARRA requirements. Administrative support services could
therefore include the following long term opportunities:
·
Sub Tier 2
& Below Data Collection System Implementation Support
·
Performance
Metric Development and Business Intelligence Support
·
Auditing Recovery.gov
and FFATA Agency Core Accounting System Reconciliation and Forensic Auditing
Support
The
following are identified agency opportunities:
·
Lockheed
Martin – System Integration, Hosting SSP, IV&V, & Project Management
·
Orion
Microsystems – Data Collection System
·
Eagle Eye
Publishers – FPDS, FAADS Obligation, Expenditure, Performance Web Reporting
·
IBM/Cognos
– Business Intelligence Tools, Hosting SSP (Corio) & Database
·
Oracle/Hyperion
– Business Intelligence Tools, Hosting SSP (Oracle on Demand) & Database
·
Teradata –
Contact KPMG and Teaming Partners current client’s senior management CFO and CIO’s to:
·
Present
packaged system implementation solution using Commercial-Off-The-Shelf (COTS)
software that meets immediate Recovery.gov operational transparency reporting
requirements. This offering will focus
on near term activities including implementation of data collection, business
intelligence, and analytical COTS software, performance measurement development,
and information management dashboard presentation that meet Recovery.gov
immediate transparency requirements regarding reporting and interfacing
contractor and grantee 1st level sub tier data reporting for the agency Recovery.gov
and Board Recovery.gov websites.
·
Present
packaged system implementation solution using Commercial Off The Shelf (COTS)
software that meets long term Recovery.gov near and long term strategic
planning and analysis activities that respond to ARRA spending plan, audit, agency
core accounting – Recovery.gov reconciliation, and expanded data collection of
obligation, expenditure, and performance data from contractor, grantee, and
lending institutions related to nth tier sub contractor, sub
grantees, and loan recipients.
Both of the foregoing appraoches will attempt to have the Recovery.gov Board, GSA, OMB, and/or IG’s organizations offer Grants to financial management organizations to work with agencies to implement the Recovery.gov and FFATA legislative requirements.
Federal Funding
Accountability & Transparency Act of 2006
Public Law 109-282 - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ282.109.pdf
SEC. 2. FULL
DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
(a) DEFINITIONS.—In this
section:
(1) ENTITY.—The term
‘‘entity’’—
(A) includes, whether for
profit or nonprofit—
(i) a corporation;
(ii) an association;
(iii) a partnership;
(iv) a limited liability
company;
(v) a limited liability
partnership;
(vi) a sole proprietorship;
(vii) any other legal
business entity;
(viii) any other grantee or
contractor that is not excluded by subparagraph (B) or (C); and
(ix) any State or locality;
(B) on and after January 1,
2009, includes any subcontractor or subgrantee; and
(C) does not include—
(i) an individual recipient
of Federal assistance; or
(ii) a Federal employee.
(2) FEDERAL AWARD.—The term
‘‘Federal award’’—
(A) means Federal financial
assistance and expenditures that—
(i) include grants,
subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
(ii) include contracts,
subcontracts, purchase orders, task orders, and delivery orders;
(B) does not include
individual transactions below $25,000; and
(C) before October 1, 2008,
does not include credit card transactions.
(3) SEARCHABLE WEBSITE.—The
term ‘‘searchable website’’ means a website that allows the public to—
(A) search and aggregate
Federal funding by any element required by subsection (b)(1);
(B) ascertain through a
single search the total amount of Federal funding awarded to an entity by a
Federal award described in paragraph (2)(A)(i), by fiscal year;
(C) ascertain through a
single search the total amount of Federal funding awarded to an entity by a
Federal award described in paragraph (2)(A)(ii), by fiscal year; and
(D) download data included
in subparagraph (A) included in the outcome from searches.
(b) IN GENERAL.—
(1) WEBSITE.—Not later than
January 1, 2008, the Office of Management and Budget shall, in accordance with
this section, section 204 of the E-Government Act of 2002 (Public Law 107–347;
44 U.S.C. 3501 note), and the Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.), ensure the existence and operation of a single searchable
website, accessible by the public at no cost to access, that includes for each Federal
award—
(A) the name of the entity
receiving the award;
(B) the amount of the
award;
(C) information on the
award including transaction type, funding agency, the North American Industry
Classification System code or Catalog of Federal Domestic Assistance
number (where applicable),
program source, and an award title descriptive of the purpose of each funding action;
(D) the location of the
entity receiving the award and the primary location of performance under the
award, including the city, State, congressional district, and country;
(E) a unique identifier of
the entity receiving the award and of the parent entity of the recipient,
should the entity be owned by another entity; and
(F) any other relevant
information specified by the Office of Management and Budget.
To strengthen
transparency and accountability in Federal spending
Senate Bill S.3077 - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3077is.txt.pdf
Section 7 – Recipient performance transparency and compliance
SEC.
7. RECIPIENT PERFORMANCE TRANSPARENCY AND TAX COMPLIANCE.
(a)
PERFORMANCE TRANSPARENCY.—The Director of the Office of Management and Budget
shall ensure that the unique identifier required in section 2(b)(1)(E) that is
used to link information on the website described in section 2 is also used to
link information about performance of individual contractors and recipients of
financial assistance starting with awards given in fiscal year 2008 including—
(1)
an assessment of the quality of work performed on Federal awards during the
past 5 years, but not before fiscal year 2008;
(2)
information about Federal audit disputes and resolutions;
(3)
information regarding civil, criminal, and administrative actions initiated or
concluded by the Federal Government or a State government against Federal
awards recipients or violations of Federal or State laws or regulations during
the preceding years including, but not limited to—
American Recovery and
Reinvestment Act of 2009
House Bill HR1 –
Public Law 111-5 - http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR00001:@@@R
RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD
For necessary expenses of
the Recovery Act Accountability and Transparency Board to carry out the
provisions of title XV of this Act, $84,000,000, to remain available until
September 30, 2011.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1enr.txt.pdf
CBO Cost Estimate - http://www.cbo.gov/ftpdocs/99xx/doc9989/hr1conference.pdf
SEC. 1524. POWERS OF THE BOARD.
(a)
IN GENERAL.—The Board shall conduct audits and reviews of spending of covered
funds and coordinate on such activities with the inspectors general of the
relevant agency to avoid duplication and overlap of work.
(b)
AUDITS AND REVIEWS.—The Board may—
(1)
conduct its own independent audits and reviews relating to covered funds; and
(2)
collaborate on audits and reviews relating to covered funds with any inspector
general of an agency.
(c)
AUTHORITIES.—
(1)
AUDITS AND REVIEWS.—In conducting audits and reviews, the Board shall have the
authorities provided under section 6 of the Inspector General Act of 1978 (5
U.S.C. App.). Additionally, the Board may issue subpoenas to compel the testimony
of persons who are not Federal officers or employees and may enforce such
subpoenas in the same manner as provided for inspector general subpoenas under
section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(2)
STANDARDS AND GUIDELINES.—The Board shall carry out the powers under
subsections (a) and (b) in accordanceU.S.C.
App.).
(d)
PUBLIC HEARINGS.—The Board may hold public hearings and Board personnel may
conduct necessary inquiries. The head of each agency shall make all officers
and employees of that agency available to provide testimony to the Board and
Board personnel. The Board may issue
subpoenas to compel the testimony of persons who are not Federal officers or
employees at such public hearings. Any
such subpoenas may be enforced in the same manner as provided for inspector
general subpoenas under section 6 of the Inspector General Act of 1978 (5
U.S.C. App.).
(e)
CONTRACTS.—The Board may enter into contracts to enable the Board to discharge
its duties under this subtitle, including contracts and other arrangements for
audits, studies, analyses,
and
other services with public agencies and with private persons, and make such
payments as may be necessary to carry out the duties of the Board.
(f) TRANSFER OF FUNDS.—The Board may transfer funds appropriated to the
Board for expenses to support administrative support services and audits,
reviews, or other activities related to oversight by the Board of covered funds
to any office of inspector general, the Office of Management and Budget, the
General Services Administration, and the Panel.
SEC. 1525. EMPLOYMENT, PERSONNEL, AND RELATED
AUTHORITIES.
(a)
EMPLOYMENT AND PERSONNEL AUTHORITIES.—
(1)
IN GENERAL.—
(A)
AUTHORITIES.—Subject to paragraph (2), the Board may exercise the authorities
of subsections (b) through (i) of section 3161 of title 5, United States Code
(without regard to subsection (a) of that section).
(B)
APPLICATION.—For purposes of exercising the authorities described under
subparagraph (A), the term ‘‘Chairperson of the Board’’ shall be substituted
for the term ‘‘head of a temporary organization’’.
(C)
CONSULTATION.—In exercising the authorities described under subparagraph (A),
the Chairperson shall consult with members of the Board.
(2)
EMPLOYMENT AUTHORITIES.—In exercising the employment authorities under
subsection (b) of section 3161 of title 5, United States Code, as provided
under paragraph (1) of this subsection—
(A)
paragraph (2) of subsection (b) of section 3161 of that title (relating to
periods of appointments) shall not apply; and
(B)
no period of appointment may exceed the date on which the Board terminates
under section 1530.
(b)
INFORMATION AND ASSISTANCE.—
(1)
IN GENERAL.—Upon request of the Board for information or assistance from any
agency or other entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of any existing law,
furnish such information or assistance to the Board, or an authorized designee.
(2)
REPORT OF REFUSALS.—Whenever information or assistance requested by the Board
is, in the judgment of the Board, unreasonably
refused or not provided, the Board shall report the circumstances to the congressional committees of jurisdiction,
including
the Committees on Appropriations of the Senate and House of Representatives,
without delay.
(c) ADMINISTRATIVE SUPPORT.—The General Services Administration shall provide
the Board with administrative support services, including the provision of
office space and facilities.
SEC. 1526. BOARD WEBSITE.
(a)
ESTABLISHMENT.—The Board shall establish and maintain, no later than 30 days
after enactment of this Act, a user-friendly, public-facing website to foster
greater accountability and transparency in the use of covered funds.
(b)
PURPOSE.—The website established and maintained under subsection (a) shall be a
portal or gateway to key information relating to this Act and provide
connections to other Government
websites
with related information.
(c)
CONTENT AND FUNCTION.—In establishing the website established and maintained
under subsection (a), the Board shall ensure the following:
(1)
The website shall provide materials explaining what this Act means for
citizens. The materials shall be easy to understand and regularly updated.
(2)
The website shall provide accountability information, including findings from
audits, inspectors general, and the Government Accountability Office.
(3)
The website shall provide data on relevant economic, financial, grant, and
contract information in user-friendly visual presentations to enhance public
awareness of the use of covered funds.
(4)
The website shall provide detailed data on contracts awarded by the Federal
Government that expend covered funds, including information about the
competitiveness of the contracting process,
information about the process that was used for the award of contracts, and for
contracts over $500,000 a summary of the contract.
(5)
The website shall include printable reports on covered funds obligated by month
to each State and congressional district.
(6)
The website shall provide a means for the public to give feedback on the
performance of contracts that expend covered funds.
(7)
The website shall include detailed information on Federal Government contracts
and grants that expend covered funds, to include the data elements required to
comply with the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109–282), allowing aggregate reporting on wards below $25,000 or to
individuals, as prescribed by the Director of the Office of Management and
Budget.
(8)
The website shall provide a link to estimates of the jobs sustained or created
by the Act.
(9)
The website shall provide a link to information about announcements of grant
competitions and solicitations for contracts to be awarded.
(10)
The website shall include appropriate links to other government websites with
information concerning covered funds, including Federal agency and State
websites.
Helping Families Save
Their Homes Act of 2009
HR1106 - http://thomas.loc.gov/cgi-bin/query/F?c111:2:./temp/~c111AejPHd:e392
CBO Cost Estimates - http://www.cbo.gov/ftpdocs/100xx/doc10010/hr1106.pdf