(A)Each county family services agency
(CFSA) and local workforce development board (LWDB), as a subrecipient of the
Ohio department of job and family services (ODJFS), are required to manage and
monitor their subrecipients as stated in 2 C.F.R. part 200, subpart D,
"Subrecipient Monitoring and Management." All of the processes in
this rule are to be documented and supported by the CFSA and LWDB:
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
(B)Definitions:
(1)Non-federal entity (NFE): an entity
that carries out a federal award as a subrecipient. CFSAs and LWDBs are NFEs.
(2)Subrecipient: A NFE that receives a
subaward from a pass-through entity to carry out part of a federal program.
CFSAs and LWBDs are subrecipients and they can also pass-through federal funds
to organizations which become their subrecipients.
(3)Pass-through entity (PTE): a NFE that
provides a subaward to a subrecipient to carry out part of a federal program.
CFSAs and LWDBs become their PTE.
(4)Subaward: (ie: Subgrant Agreement) an
award provided by a pass-through entity to a subrecipient for the subrecipient
to carry out part of a federal award received by the pass-through entity. It
does not include payments to a contractor or payments to an individual that is
a beneficiary of a federal program. A subaward may be provided through any form
of legal agreement, including an agreement that the pass-through entity
considers a contract.
(C)A PTE shall:
(1)Determine if a subrecipient or a
contractor relationship exists as stated in 2 C.F.R. part 200.330.
(a)The association of government
accountants (AGA) published a subrecipient vs. contractor checklist at
https://www.agacgfm.org/Intergov/More-Tools/Subrecipient-vs-Contractor-Checklist.aspx
and could be used in conjunction with the CFSA and LWBD tools already in place.
(b)Subaward agreements funded in whole or
in part with federal funds do not represent acquisitions and therefore the
procurement standards do not apply, as outlined in paragraph (A) (2) of rule
5101:9-4-07 of the Administrative Code, unless procurement is mandated by
another federal, state, or local rule.
(2)Ensure that the subaward is clearly
identified as stated in 2 C.F.R. part 200.331 (a).
When some of the listed information in 2
C.F.R. part 200.331(a) is not available, the PTE must provide the best information
available to describe the federal subaward.
(3)Evaluate the subrecipient's risk of
noncompliance, as described in 2 C.F.R. 200.331 (b).
The AGA published a risk assessment tool
at https://www.agacgfm.org/Intergov/More-Tools/Risk-Assessment-Monitoring-Tool.aspx
and could be used in conjunction with the CFSA and LWBD tools already in place.
(4)The risk assessment in paragraph (C)
(3) of this rule will help to determine the scope that the CFSA and LWDB used
for the required monitoring of the subrecipient as outlined in 2 C.F.R. part
200.331 (e).
Replaces: 5101:9-1-88
Effective: 8/10/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 07/27/2020
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 5101.02
Prior Effective Dates: 04/01/2006, 10/03/2011, 12/03/2016