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Compliance & Reporting

Are there any sample templates for contracting with subrecipients of ARP funds to help ensure that subrecipients are compliant with all program requirements?

The U.S. Department of the Treasury (“Treasury”) has not issued templates for contracting vendors or subrecipients under the American Rescue Plan Act of 2021 (“ARP”). However, there are available resources that provide some insight as to how to ensure that subrecipients comply with program requirements. These resources include, but are not limited to:

  • Code of Federal Regulations Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“2 CFR 200”), which provides guidance on requirements inclusive of the Post Federal Award Requirements[1] that may be helpful, particularly regarding contract provisions for non-federal entity contracts under federal awards.[2]
  • Other parts of the Code of Federal Regulations which are relevant to a municipality’s use of ARP funds to support the issuance of loans.[3]
  • The Federal Emergency Management Agency (“FEMA”) Office of Chief Counsel issued a procurement template, which focuses on contract provisions that may be useful to municipalities for Treasury funding.[4]
  • Reference material provided by states on procurement, which may include federal and state requirements. These types of documents may provide good practices for local governments and are helpful guides. Frequently, these publications are issued by a state level organization such as disaster response agencies. For example, Louisiana published a comparative regulation guide which has information regarding all 50 states and U.S. Territories.[5]
  • Treasury ARP reporting guidance, which includes activities required during and after expenditures, provides a list of requirements for contractors or vendors.[6] 

Last Revised: August 11, 2021

[1] 2 CFR §200 et seq., available at: https://ecfr.io/Title-2/Part-200.

[4] Federal Emergency Management Agency, Office of Chief Counsel, Procurement Disaster Assistance Team, Contract Provisions Template, available at: https://www.fema.gov/sites/default/files/2020-07/fema_procurement_contract-provisions-template.pdf.

[5] State of Louisiana, Governor’s Office of Homeland Security and Emergency Preparedness. Procurement Guide: Getting and Keeping your FEMA Grant Dollars, available at: http://lsuccc.dps.louisiana.gov/pdf/GOHSEP_Procurement_Brochure.pdf.

[6] U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance as of June 24, 2021, Version: 1.1., available at: https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf.