ARPA Funding and Federal Procurement Requirements

The American Rescue Plan provided local nonprofits with a unique opportunity to expand

their program offerings, however these funds are tied to specific federal procurement standards that many subrecipients are facing for the first time.

Recipients and subrecipients of ARPA funds are required to comply with federal

procurement standards as a condition of funding. These procurement standards are designed to minimize waste and maximize program outcomes. Compliance includes:

• A written procurement policy that is compliant with federal law.

• An enforceable Conflict of Interest policy under which agency purchasers understand their obligations.

• Key document retention requirements that evidence procurement efforts and practices.

• Avoiding common subcontractor arrangements that are expressly prohibited.

• Including specific contract language in subcontractor agreements.

• Engaging in periodic internal reviews of current procurement practices.

• Ensuring subcontractor compliance during the contract period.

• Debarment certifications.

Additional requirements exist in a wide range of situations including purchase type, purchase amount, funding agreement language, contract payment method, reporting requirements or subcontracted service. Despite the complexity of these procurement requirements, our attorneys can walk you through the evaluation your current purchase practices and internal controls, and help you develop policies and compliant standard operating procedures, so you can focus on what is important - your program outcomes! Contact us today at (610) 566 0711 to investigate whether you need support in this area.