tag:blogger.com,1999:blog-54835534416798966002012-02-09T08:19:34.444-08:00Lost in Regulation™Compliance and Best Practices Blog for USAID Grantees and ContractorsTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.comBlogger191100tag:blogger.com,1999:blog-5483553441679896600.post-85296476812339194332012-02-09T08:19:00.000-08:002012-02-09T08:19:34.454-08:00The Government is Not Your Mother..... So Drop the Attitude! ;-)Do you remember your mother saying that you should just “be yourself” and “be honest”? Well, these are our main tips for working with your US Government Agency. At the end of the day, if you pay attention to your contract terms, clarify things you do not understand with the Contracting Officer (in writing), perform to the best of your company’s ability, provide timely notifications of things you Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-22645460912651768812012-01-19T13:09:00.000-08:002012-01-19T13:09:38.345-08:00Guidance on New USAID Rules for Source and Nationality (Revised 22CFR228)The revised final 22 CFR Part 228 (Procurement of Commodities and Services Financed by USAID Federal Program Funds) sets out the following rules which must be followed as of the effective date of February 6th, 2012:
SOURCE AND NATIONALITY CONSIDERATIONS
Under USAID Prime Contracts and/or Grants and Cooperative Agreements, there are restrictions related to procurement of goods and services fromTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-8789016940802547442011-11-28T10:34:00.000-08:002011-11-28T10:36:08.775-08:00Using USAID FSN LCP to Establish Local Compensation PoliciesGiven the recent questions and discussions on the subject of compensation of foreign nationals under USAID Programs, I would like to donate and share with the community the attached policy and charts which designed for the use by contractors under USAID contracts, but which may very well be used by recipients under assistance instruments as well.
FSN Compensation Guidance under USAID ProgramsFSNTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-13885940775694873072011-08-31T04:57:00.000-07:002011-08-31T04:57:42.984-07:00USAID is updating Source, Origin & Nationality RegsUSAID is proposing to update 22CFR228, or commonly known as Source, Origin and Nationality Regulations by submitting a notice for comment to Federal Register (RIN 0412-AA70). Comments are expected by October 3, 2011. We hope the new regulation is then finalized within a few months after the comments are received. (But do not hold your breath, since AIDAR change submitted in 2006 to limit post Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-86024276447399364952011-08-12T07:32:00.000-07:002011-08-12T07:46:01.899-07:00Procuring Motor Vehicles with USAID fundsOn August 8, 2011 USAID has updated 22CFR228 and ADS 312 with new rules and blanket waivers for procurement of motor vehicles funded by USAID.
Below is the breakdown of the regulations as they stand now for ease of reference:
User Friendly Guidance to Purchasing and/or Leasing Vehicles with USAID funding
Please note that Motor Vehicles are considered restricted goods and require prior Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-32006844845964433712011-07-21T14:52:00.000-07:002011-07-21T14:52:01.117-07:00Severance Payments for Local Hires The question of allowability of severance for locally hired personnel often comes up on USAID programs, both contracts and grants/cooperative agreements.
The allowability is governed by FAR Subpart 31 (FAR 31.205-6 Compensation for Personal Services, (g) Severance Pay), Cost Principles for for-profits– and A-122 or 2CFR230 Cost Principles for non-profits (Appendix B, 18. Compensation for Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-36306761601443306452011-06-21T04:48:00.000-07:002011-06-21T05:05:58.211-07:00CPFF Contracts (and subcontracts) - Get the Fee You Deserve
The form of Cost Reimbursement contract most commonly used by USAID is CPFF, or Cost plus Fixed Fee. These contracts come in two forms – “term” or “completion” and the form mostly refers to how the fixed fee will be paid.Not understanding the difference and managing your billing correctly under these different types of CPFF contracts can lead to much disappointment and often lost fees.
Both Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-89303600317076744092011-04-07T12:59:00.000-07:002011-06-20T12:33:08.415-07:00Sub Reporting Requirements for Prime Contractors and Grantees under FFATAThere is a lot of lengthy and confusing instructions for mandatory new reporting requirements, the most comprehensive one is contained in the OMB memo dated August 27, 2010 here OMB Guidance
We tried to break it down below specifically for Subcontracts and Subgrants reporting by USAID Prime Contractors and Prime Recipients.
Federal Funding Accountability and Transparency Act Sub-award Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com3tag:blogger.com,1999:blog-5483553441679896600.post-60548484434152937642011-04-06T07:00:00.000-07:002011-04-06T07:00:43.077-07:00Housing Allowances OverseasUSAID Regulations and Best Practices
AIDAR 752.7028 allows for reimbursement of housing allowance for rent and utilities if such facilities are not supplied. Such allowance shall not exceed the amount paid to USAID employees of equivalent rank in the Cooperating Country, in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 130, as from time to time Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-36555300122317316382011-03-21T07:33:00.000-07:002011-03-21T07:34:16.781-07:00Audits and Compliance: The High Cost of Being a Non-Profit
It seems that Defense Contract Audit Agency is no longer just for contractors …. Recipients of USAID Cooperative Agreements, especially those in high scrutiny war zones, like Afghanistan, Pakistan and Iraq are more and more subject to DCAA cost reimbursement audits.
To be fair, those cooperative agreements or grants, which appear to meet the requirements of a “contract” with the Government: -- Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com2tag:blogger.com,1999:blog-5483553441679896600.post-18920236190309216782011-03-17T12:51:00.000-07:002011-04-06T07:01:36.511-07:00Top Ten Warning Signs Your Company May Have Ethics Issues....
A little humor .....
It is important to have an Ethics and Business Conduct Policy.
Here are the top ten warning signs that your company really needs one:
10. Your Local Operations Manager is also a consultant to your in-country counter-part Minister
9. You start your bidders’ conference by saying “the bribing will begin at $10,000”
8. You get an unexpected and veryTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-28634952254733334732010-11-03T07:47:00.000-07:002010-11-03T07:47:48.194-07:00Compensation of Non-US personnel under USAID ContractsPlease note that this post is intended for use by contractors under USAID contracts and not by grantees, since FSN compensation restrictions do not apply directly to recipients of USAID assistance awards.
However, if a company has both contracts and grants, a common policy must apply for compensation in order to be recognized by the auditors. It is therefore advisable in such case to follow theTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com1tag:blogger.com,1999:blog-5483553441679896600.post-6023021084523971672010-10-27T08:11:00.000-07:002010-10-27T08:11:24.298-07:00Procurement of Services and Goods under USAID programsAs with other areas, already discussed, it is a commonly held belief amongst USAID contractors and non-profits that they have to follow the precise system of acquisition of goods and services, employed by USAID for direct contracting.
Our personal favorite is the following sentence, used by many contractors to describe their procurement policy or purchasing system: “We follow all USAID Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-49960215757411929612010-09-20T09:51:00.000-07:002010-09-20T09:51:50.514-07:00Extending Benefits & Allowances to Same-Sex Domestic Partners under USAID ProgramsIn June of 2009, Secretary Clinton announced that the Department of State is extending the full range of legally available benefits and allowances to same-sex domestic partners of Foreign Service employees serving overseas.
In August of 2009, USAID announced that it is joining the Department of State in implementing this new policy.
Extending such benefits and allowances to same-sex domestic Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com1tag:blogger.com,1999:blog-5483553441679896600.post-59073628612549210592010-09-17T08:02:00.000-07:002010-09-17T08:02:54.546-07:00Obtaining Rate Approvals under USAID Cost Type ContractsCost Reimbursement Contracts and some IQCs require prior approval of base salary rates by USAID Contracting Officers for all employees and consultants of a contractor or its subcontractors, including local hires.
The requirement in cost reimbursement contracts is normally in accordance with AIDAR 752.7001 and 752.7007, Biographical Data and Personnel Compensation respectively.
The Biographical Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com1tag:blogger.com,1999:blog-5483553441679896600.post-54053010498905200342010-08-30T07:51:00.000-07:002010-08-30T07:51:56.352-07:00Can Fido come too? Relocating overseas with pets - what costs are allowable? Many of us, traveling overseas from post to post, cherish the comfort of a constant companionship and feeling of home that our pets provide. We go to great lengths to bring our pets to some of the most remote areas of the world. One of the Foreign Service officers we know flew her dog to a neighboring country and drove overland to arrive at her post in Southeast Asia, in order to avoid Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-51929216505954208832010-08-26T07:21:00.000-07:002010-08-26T07:21:05.726-07:00Defense Base Act Basics - Free PresentationI am excited to share this free presentation for USAID contractors and grantees who are interested in learning about DBA and how to explain it to their staff.
DBA Basics for USAID Contractors & Grantees
Click on the link above to download.
Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-35940371156700229152010-08-24T08:19:00.000-07:002010-08-24T16:55:16.222-07:00"Open Skies" are finally open to USAID ContractorsThe new and improved Open Skies Agreement allows USAID contractors to travel on EU airlines without worrying about city-pair fares.
Disclaimer: The information in this document was created to provide you with accurate and authoritative information concerning the subject matter covered; however, this publication was not prepared by persons licensed to practice law; it is not a substitution for Tzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0tag:blogger.com,1999:blog-5483553441679896600.post-2968370167621789702010-08-17T12:39:00.000-07:002010-08-24T16:55:16.224-07:00Vendors or Grantees? Substance over FormUnderstanding when to issue a sub-grant and when to compete a vendor contract under USAID assistance instruments can help you pass the ever frequent DCAA and other audits and avoid disallowance of costs.
Shakespeare wrote that “a rose by any other name would smell as sweet.” Call yourself a petunia when you are really a rose, and though you would smell sweet either way, you nonetheless continueTzarina of Compliancehttp://www.blogger.com/profile/10213714063039064938noreply@blogger.com0