Steven Spillan, Esq.
[email protected]
Brustein & Manasevit, PLLC
Fall Forum 2013
Brustein & Manasevit, PLLC
T&E: What Are We Talking About?
• Tracking personnel costs:
• OMB Circular A-87: State, Local, and Indian
Tribal Governments (p. 223)
• Includes SEAs and LEAs
• OMB Circular A-21: Educational Institutions (p.
• Institutions of Higher Education
• OMB Circular A-122: Non-Profit Organizations
* all page numbers from blue EDGAR books
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Quick Clarification:
• Time and attendance records
• Payroll records: Worked 8:00 am - 4:00 pm
• Time and effort records
• Time distribution records: worked 50% on Title I
administration and 50% on nonfederal
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Who must participate?
 All employees paid with federal
 Some employees paid with nonfederal funds
 When salaries are used for match
 NOT contractors
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Documentation Requirements
• “Similar but Different”
• Similar information must be included
• Similar format
• Different rules regarding frequency
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A-87: Single vs. Multiple Costs Objectives
• Cost objective:
• A function, organizational subdivision,
contract, grant or other activity for which
cost data are needed and for which costs
are incurred (p. 227)
• Type of records will depend on number of
cost objectives
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Cost Objective Examples
• A Minimum Set-Aside or Maximum Cap:
• Title I - LEA Parent Involvement minimum (at
least 1%);
• Title III – Cap on administration (no more
than 2%)
• Program services
• Title I program services
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A-87: OCFO Guidance (2012)
• It is possible to work on a single cost objective
even if an employee works on more than one
federal award or on a federal award and a nonfederal award. (p. 322)
• Key - if the employee’s salary and wages can be
supported in full from:
• Each of the federal awards on which the
employee is working, or
• The federal award alone if the employee’s
salary is also paid with non-Federal funds.
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A-87: Single Cost Objective
• Semi-Annual Certification
• Signed every six months by employee or
supervisor with first hand knowledge
• “This is to certify that Steven Spillan has worked
100% of his time for the period January 1, 2013
through June 30, 2013 on Perkins
Signature of employee: /s/
Date: July 1, 2013
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“Blanket” Semi-Annual Certification
• Single cost objective (semi-annual cert)
• Multiple employees
• Signed by supervisor with first-hand
knowledge (principal)
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A-87: Multiple Cost Objectives
• Personnel Activity Reports (PAR)
• Signed every month by employee
• UNLESS, using “substitute system” (then 2 or
3 times per year)
• “For the month of September 2013, I spent my
time 50% on Title I Program Services and 50%
on non-federal programs.”
Signature of Employee: /s/
Date: October 1, 2013
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PAR Requirements:
• After-the-fact record
• Total activity for which employee
• At least monthly
• Signed and dated by employee
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Schoolwide Programs
• The programs included in the Schoolwide
Plan constitute a single cost objective
• Need for records depends on the extent of
consolidation of federal, state, and local
• Can be “conceptual” or “virtual”
consolidation – not literal
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Schoolwide time records
If LEA/school
consolidates . . .
Then must keep . . .
All federal, State, and local funds
No time and effort records
Federal only (“Consolidated
federal pot”)
Semi-annual – If works ONLY on
SWP Plan (single cost objective)
Monthly PAR – If works on SWP
Plan and other programs not in
Plan (multiple cost objectives)
Nothing (only Title I funds SWP)
Semi-annual – If works ONLY on
SWP Plan (single cost objective)
Monthly PAR – If works on SWP
Plan and other programs not in
Plan (multiple cost objectives)
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A-87: Substitute Systems
• Subject to approval by the cognizant agency
• Grantees must receive prior written approval
from ED
• Possible Systems:
• Random moment sampling
• Case Counts
• Other quantifiable measures of employee effort
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OCFO – Substitute Systems
• Authorizes SEAs to permit LEAs to adopt a substitute
system where a semiannual can be used for an employee
working on multiple cost objectives if:
• Signed by employee AND supervisor
• Employee works on a schedule that includes multiple
cost objectives;
• Work is “predetermined” (e.g. a teacher’s lesson plan);
• Employee is not permitted to work on multiple activities
or different cost objectives at the exact same time on
their schedule; and
• Documentation of the employee’s schedule meets the
five separate elements set forth in the guidance (p.319)
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A-21 Requirements (IHEs)
• Cost Objective:
• May be a major function of the IHE, a
particular service or project, a sponsored
agreement, or an F&A cost activity (p.
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A-21 Requirements (IHEs)
• 3 Methods of Payroll Distribution
• Plan Confirmation
• After-the-Fact Activity Reports
• Multiple Confirmation Records
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A-21: Plan Confirmation
• Distribution of salaries of professional and
professorial staff is based on budgeted, planned
or assigned work activity, updated to reflect any
significant changes in work distribution
• At least annually a statement will be signed by
the employee, principal investigator, or
responsible official(s) using suitable means of
verification that the work was performed.
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A-21: After-the-Fact Activity Reports
• Similar to PARs and Semiannual Certs
• Must be signed
• Must be after-the-fact record
• Every six months for professional and
professorial staff
• Monthly for other employees
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A-21: Multiple Confirmation Records
• Variety of records kept in combination.
• Prepared at least semiannually.
• Signed by employee or a person having
direct knowledge of the work.
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A-122 Requirements
• Similar to A-87 PARS, but NOT identical
• PARs for all staff (professional and nonprofessional)
• After-the-fact activity
• Total activity
• Prepared monthly
• Signed by employee OR supervisor with first-hand knowledge of
the activities performed
• No semi-annual option
• Records capturing hours worked in accordance with DOL
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Recap: What is required?
• SEAs/LEAs – Employees paid with federal funds:
• Semiannual certification for employee working on single
cost objective
• Monthly PAR for employee working on multiple cost
• IHEs – Employees paid with federal funds:
• 3 options: plan confirmation, after-the-fact activity
reports, multiple confirmation records
• Non-Profits – Employees paid with federal funds
• Monthly PARs for all employees working on federal
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How do I know?
• Is the employee paid with federal funds (or salary used for
• Does the employee work on a single cost objective?
• What system does your institution use?
• What type of employee (professorial/professional/other)?
• Non-profit
• Is the employee paid for with federal funds?
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Pending Changes
• Supercircular
• Introduced February 2013
• Comments accepted through June 2013
• Final supercircular expected…soon?
• Changes to all circulars, including the use of a single time
and effort section for all federal grantees
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• The distribution of salaries and wages must be supported
by certifications of the consistency of charges with the
work executed
• All required certifications may be provided electronically
• Reports may use percentages to reflect categories or total
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“Periodic Certifications”
• Expected to work on a single federal award or
cost objective
• Must be supported by periodic certifications;
• That the employee worked solely on that
• Prepared at least semi-annually; AND
• Must be signed by the employee or responsible
supervisory official.
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• Certified reports reflecting the distribution of charges
within the payroll for each employee (professional and
nonprofessional) whose compensation is charged, in
whole or in part, directly to Federal awards must be
• In no case will certification periods exceed 12 months
• Report can be integrated with, or separate from, payroll
• If integrated, duplication of reports is not required
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• Certified Report MUST be signed by the individual
employee or an individual responsible for verification that
the work was performed
• Budget estimates do not qualify as certified reports
• For systems that meet these standards, the recipient
WILL NOT BE REQUIRED to provide additional support
or documentation for the effort actually performed
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• Substitute systems may be used in place of these reports
if approved by the cognizant agency.
• These systems are subject to approval if required by the
cognizant or oversight agency.
• May include random moment sampling, “rolling” time
studies, case counts, or other quantifiable measures of
employee effort.
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This presentation is intended solely to provide
general information and does not constitute legal
advice. Attendance at the presentation or later
review of these printed materials does not create
an attorney-client relationship with Brustein &
Manasevit, PLLC. You should not take any action
based upon any information in this presentation
without first consulting legal counsel familiar with
your particular circumstances.

time and effort reporting: the basics