February 4, 2015 8:30 am – 12:00pm Training Code: #1506 Marisa Neff Pooja Tulsian Selome Negassa OBJECTIVES OF THIS CLASS To familiarize all contract monitors with the important aspects of each phase of monitoring financial contracts. Agenda: 1. 2. 3. 4. 5. 6. Introductions File Wrap Up for FY2014 Contracts Final Billing for FY2014 Contracts First Phase for FY2015 Second Phase for FY2015 Contract Monitor Tips Roles in a contract audit Contract Monitor (CM) Financial Manager(s) (FM) Outside Auditor (Contractor) Department/Agency (Controller) OSA CFO Note: CM needs to maintain constant communication with Deputy about the progress of the audit. Types of Contract Audits Stand Alone Feeder Audits Others - Stand Alone Audits – usually statutory audits – some are related parties (Pinnacol, PERA, and GOCO) C o n t r a c t M o n i t o r T r a i n Final Phase Final Invoices 10% contract retainage will be released after: The audit report is released by the LAC, or Attest memos and report comments are submitted and approved. i n g Final Phase Final files to be saved by CM in the Contract Database. Completed Contract Compliance and Monitor Log Checklist Contractor Evaluation Team TEC Project Hours Final Billing Form- Standalone only Financial Benefits Form (in database) – Standalone only Contractor Communication E-mails All fields should be completed in the Contract Database. If a field does not apply to your contract, then add a comment, such as “not applicable.” All Contract Monitor files should be completed by end of February or sooner. • Final Billing • FY2014 billing rate is $70 • FY2015 billing rate is $75 Types of Contract Audits : Bill or not to Bill Bill if: The audit is statutorily required to be billed. The audit is an enterprise exempt from TABOR (see Fiscal Procedure Manual). The audit involves federal funds. The audit involves trust or agency funds. The audit involves a Constitutional entity that is not in the Long Bill. C o n t r a c t M o n i t o r T r a Types of Contract Audits : Bill or not to Bill Enterprises Exempt TABOR Enterprises are designated in one of two ways: The first method is by statute like Lottery, College Assist, CollegeInvest, and State Nursing Homes, etc. (see FY13 Fiscal Procedures Manual) i n i n g For FY12-13, statutorily designated enterprises are: Name Citation Agency Code Funds Included Brand Board 35-41-101(5)(a) BAA 108, 109, 721 Capitol Parking Authority 24-82-103(5)(a) AGB 519 Clean Screen Authority 42-3-304(19)(a)(II) TCA 520, College Assist 23-3.1-103.5(1)(a) GDA 501, 502, 511, 523, 524, 526, & all funds and all funds except 461 CollegeInvest 23-3.1-205.5 GRA 512-515, 527, 528, 545, 546, & all funds Correctional Industries 17-24-104(1) CFA, CFB, and CFC 507, 508, 506, & all funds except 461 23-5-101.7(2) GFX, GGX, GJX, Fund 320, 334, 335, 342, 399, & all funds GKA, GLA, GMA, except 100, 305, 333, 398, and 461 except 461 Higher Education Institutions GSA, GTA, GWA, GYA, GZA Parks and Wildlife 33-9-105 PBA, PJA, PMA 16H, 172, 173, 175, 210, 21H, 22F, 410, 411, 412, 413, 418, 420, 421, 422, 423, 425,428, 429, 433, 750, 761, 861, 426, 427 Petroleum Storage Tank Fund 8-20.5-103 KAA 130 State Lottery 24-35-202(1)(b) TFA 503, & all funds except 820, 461 State Nursing Homes 26-12-110 ILA-ILG 505, & all funds except 100, 461, 813, 700, 19C Statewide Bridge Enterprise 43-4-805(2)(c) HTB 538, 539 43-4-806(2)(d) HTC 536, 537 8-71-103(2)(a) KAA 701, 702, 21U, 23P, 24M, 25U, 26Y Statewide Transportation Enterprise Unemployment Compensation Section Source: FY13 Fiscal Procedures Manual Bill or Not to Bill continue – Enterprises Exempt TABOR Enterprises are designated in one of two ways: Second method, which is exclusive to higher education enterprises, is by designation of the governing boards with review by the State Auditor; For FY14, Adams State University and AHEC did NOT qualify as TABOR enterprises. All other higher educations institutions retained their enterprise status. Five Minute Break Time First Phase (Pages 1-9 of the responsibility matrix) • Set-up audit time code • RFPs • Contracts • Engagement letters • Meeting with Contractor • Entrance Conference First Phase Set-up audit time code TeamMate Administrator, James, will establish audit time codes for each contract audit. The audit time code will also be used as the Report Control number for all stand-alone reports. First Phase RFP’s (Request for Proposals), Time Code 701 OSA policy is to re-bid the contract audit every five years or sooner if determined by the contract monitor, the Deputy, and the State Auditor; FM or designee completes RFP, prior year CM reviews RFP and FM determines potential contractors with Deputy; FM sends RFP to potential contractors, cc: Stelios Pavlou for posting to OSA website, Deputy, and CM. First Phase RFP Inquiries, Time Code 701 CM is responsible for collecting and responding to the RFP inquiries. CM compiles all inquiry questions and answers into one document and removes any duplicate questions. CM then sends the document to the Deputy for review and approval. Once the Deputy approves the answers, then the CM can send the document to potential contractors and cc: Stelios for posting to OSA website. First Phase Proposal/Bid Evaluation, Time Code 701 CM evaluates proposals; finds one other person in the office (must be B2 or higher) to also evaluate the proposals; and CM completes their own bid evaluation form, the other staff does their bid evaluation form, and the CM completes the summary form. CM obtains feedback from the Department/Agency. CM e-mails RFP, proposals, all evaluation forms, summary form, and contractor recommendation to the Deputy. Attach a copy of the RFP and all proposals in the Contract Database. First Phase Awarding the Bid, Time Code 701 Deputy communicates with all bidders the outcome of their bids. CM communicates the winning bidder to the Department/Agency. CM is responsible for completing the Predecessor Auditor Letter. First Phase Contracts, Time Code 701 Contracts are prepared annually; Deputy works with FM/Controller/contractor to determine fee increases; FM or designee prepares the contract; CM reviews the contract; FM or CM will send contract draft to the Deputy for final review and approval. First Phase Contract Routing After Deputy’s approval, contract will be sent to OSA CFO for routing; Contract will be signed in the following ordercontractor, LAC Chair, State Auditor and Deputy; Three original fully executed copies will be distributed to contractor, CM, and OSA CFO. CM scans and attaches the signed contract in the Contract Database. Contract Contents Effective date and termination date Statement of Work – Exhibit A RFP and Proposal – Exhibit B, C & D Contractor’s responsibility and dates – Exhibit A, H & I Compensation – Exhibit F Audit findings- Exhibit G First Phase Contract Amendment, Time code 701 If there are changes in scope of work, price, termination date, or any other areas, CM discusses with Deputy whether amendment is necessary; If determined necessary, CM prepares contract amendment; Contract amendment follows the same review, approval, and signature routing process as contract does. If a contract amendment occurs, CM needs to re-evaluate the billing amount noted in the engagement letter. First Phase Contract Database All CM’s will have a short cut to your contract in the IBM Contract Database. If not, please contact OSA CFO. Contract Database:Following documents need to be attached in the contract database 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. RFP Selected Proposal Contractor Peer Review Letter Letter to Predecessor Auditor Responses to Bidder Inquiries Rejected bids Proposal Scoring Sheets Signed Contract Signed Contract Amendment(s), if any Signed Engagement Letter Contractor invoices Final Billing Form First draft of the recommendation(s) Final draft of the recommendation(s) Contract Database: Following documents need to be attached in the contract database 15. Attest Memos 16. Management Letter 17. Signed Management Representation Letter 18. Transmittal Sheet 19. Workpaper review Checklist 20. Audit Report Review tool 21. Stand-alone Report from Contractor 22. Contract Compliance and Monitor Log Checklist 23. Contractor Communications 24. Contract Evaluation 25. Team TEC Project Report 26. Misc. Info. – ie. Subsequent Events First Phase Engagement Letters, Time Code 701 FM\CM prepares the engagement letter; CM reviews engagement letter for accuracy and ensures the correct peer review letter has been attached (make sure the peer review letter is updated in the contract database); Total fee in the letter is generally contract price plus 5% contract monitoring fee (or other amount determined by the Deputy) + Statewide billing. The fee is different for feeder audits; First Phase Engagement Letters, Time Code 701 CM may take the engagement letter to the entrance conference or letter can be mailed directly to agency; CM attaches a copy of signed letter in the contract database; original signed letter should go to contractor; CM scans and saves a copy of signed letter at S:SAO\Contract Monitor\CM file\FYXX Signed Engagement Letter. First Phase Meeting with Contractor, Time Code 702 CM is required to have a meeting with the contractor prior to the entrance; Discussion should include contract specifics, including important dates such as attest dates and the scope of the audit which includes the prior year findings; CM is strongly encouraged to attend contractor’s brainstorm sessions for risk assessments. CM can be available for Fraud discussions and planning; First Phase Entrance Conference, Time code 702 Deputy should be included as invitee; Contractor is responsible for the agenda and entrance conference discussion; CM Discussion items should include: OSA audit processes, timing of audit, including attest due dates and approximate LAC date New standards that will affect the audit Process or expectation with regard to audit comments CORE impacts to audit First Phase Risk Assessments- CM is responsible for communicating group audit risks to the contractors. Second Phase (pages 9-12 of the responsibility matrix) • Attest Memo Templates and other distribution items should be sent. This is an ongoing process. Other distribution items include Year-End Reports, Final Analytics, TABOR Analytics, Lead Schedules, Statistical Samples, Substantive Audit Programs, Cash Funds Report, etc. Attest Memos – Review for accuracy and timely submission. • Discuss with your contractor about audit progress and whether there are compliance findings and update Deputy accordingly. Second Phase Interim Invoices • Interim invoice should follow the split on Exhibit F • Approve by initial and date • Include contract # • Scan the approved invoice in the contract database • Send email to OSA CFO about the attached invoice Second Phase • Status of audit (planning, fieldwork, report) • Compliance draft report comments • CM documents first draft of the report comments in the contract database • Interim workpaper review – approx. July – Sept. • PERA footnote disclosures (available in FPM) QUESTIONS Contact info: Contact your contract monitor mentor or other experienced contract monitors for day-to-day questions; For invoice payment/billing, please contact Controller; For others, please contact your Financial Manager. REMINDER Part 2 of this Contract Monitor Training will be around the third week of July and will specifically cover the Final Phase of the monitoring process.