Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 2 - AAA ADMINISTRATIVE REQUIREMENTS › Section 213.153 - AAA Fiscal Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This section establishes the fiscal responsibilities of a AAA,
					 including responsibilities related to purchases of goods and services, audits,
					 costs allocation plans, and service and administrative match.
(b) Purchases of goods and services.
(1) A AAA is permitted to enter into
					 contracts and vendor agreements for the purchase of goods and
					 services.
(2) Except as provided in
					 paragraph (3) of this subsection, a AAA must comply with competitive bidding
					 procedures in selecting a subcontractor through the use of formal bidding,
					 informal bidding, or competitive proposals, as appropriate. A AAA must document
					 its compliance with the competitive bidding procedures.
(3) A AAA may select a subcontractor using
					 sole source procurement in accordance with 45 Code of Federal Regulations (CFR)
					 §92.36(d)(4) if the award of a contract is not feasible using competitive
					 bidding.
(4) When purchasing goods
					 and services from a service provider, a AAA must use one of the following cost
					 determination methodologies in accordance with DADS requirements:
(A) cost reimbursement;
(B) fixed unit rate; or
(C) variable unit rate.
(5) A AAA may make a direct purchase of a
					 service for a program participant on an individual basis in accordance with
					 § 83.19 of this title (relating to Direct Purchase of Services (DPS)).
(6) A AAA must reference in a
					 contract and vendor agreement the state rules relating to the services being
					 provided by the subcontractor or the vendor.
(7) A AAA must include in a contract a
					 requirement that subcontractors have an accounting system that identifies all
					 costs for each specific service being purchased or provided and that complies
					 with 45 CFR, Part 1321.
(8) All
					 purchases of services, materials, equipment, and goods made by a AAA with grant
					 funds must meet the criteria of allowability as set forth in, as applicable,
					 the Uniform Grant Management Standards, as adopted by the Governor's Office of
					 Budget and Planning, including the Office of Management and Budget (OMB)
					 Circulars A-87 and A-122 and 45 CFR, Chapter 92.
(9) All purchases made by a AAA must be
					 evidenced by receipt of the service or merchandise or issuance of a purchase
					 contract, voucher, or other legal document that binds both parties to the
					 transaction, no later than the last day of the grant period for which funds
					 have been budgeted and encumbered.
(10) If the service or merchandise has not
					 been received by the last day of the grant period as described in paragraph (9)
					 of this subsection, a AAA must have received the service or merchandise and
					 made payment for such before the due date of the closeout report for the grant
					 period for which funds have been budgeted and encumbered.
(11) A AAA must ensure that a service
					 provider complies with the requirements described in paragraphs (8) - (10) of
					 this subsection.