Chapter 10: Contracts and Subawards

In this section:

Primary Reviewer: Fiscal Expert

Secondary Reviewer: Governance/Administrative Expert

NOTE: If the health center has a subrecipient, the Governance/Administrative Expert is the Primary Reviewer of element “i” and the Fiscal Expert is the Secondary Reviewer of that element.

Authority: Section 330(k)(3)(I) and Section 330(q) of the Public Health Service (PHS) Act; 42 CFR 51c.113, 42 CFR 56.114, 42 CFR 51c.303(t), and 42 CFR 56.303(t); 2 CFR 200 Subpart D; and Section 1861(aa)(4)(A)(ii) and Section 1905(l)(2)(B)(ii) of the Social Security Act

Corresponds to Compliance Manual Chapter 12: Contracts and Subawards, including Contracts and Subawards Related Considerations 

Scope of Project Resources

Documents the Health Center Provides

Compliance Assessment

  1. Is this a Look-Alike Site Visit?

    Response is either: Yes or No

    Note: Because look-alikes do not receive federal funding under section 330 of the PHS Act, any requirements that relate to the use of Health Center Program federal award funds do not apply to look-alikes.

Contracts: Procurement and Monitoring

Select each element below for the corresponding text of the element, site visit team methodology, and site visit finding questions.

Subawards: Monitoring and Management

ELEMENT “G” THROUGH ELEMENT “J” ARE ONLY APPLICABLE FOR RECIPIENTS WITH AT LEAST ONE SUBRECIPIENT AND ARE NOT APPLICABLE TO LOOK-ALIKES. 

Select each element below for the corresponding text of the element, site visit team methodology, and site visit finding questions.


Footnotes

1For the purposes of the Health Center Program, contracting for substantive programmatic work applies to contracting with a single entity for the majority of health care providers. The acquisition of supplies, material, equipment, or general support services is not considered programmatic work. Substantive programmatic work may be further defined within HRSA Notices of Funding Opportunity (NOFOs) and applications.

2. See 2 CFR 200.400 for HHS policy guide.

3. Procurements by non-competitive proposals are allowable only when:

  1. The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold [refer to 2 CFR 200.320(a)(1)];
  2. The procurement transaction can only be fulfilled by a single source;
  3. The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation;
  4. The recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency [HRSA] or pass-through entity provides written approval; or
  5. After soliciting several sources, competition is determined inadequate.

4. Refer to 2 CFR 200.334 for HHS retention requirements for records.

5. For the purposes of the Health Center Program, contracting for substantive programmatic work applies to contracting with a single entity for the majority of health care providers. The acquisition of supplies, material, equipment, or general support services is not considered programmatic work. Substantive programmatic work may be further defined within HRSA Notices of Funding Opportunity (NOFOs) and applications.

6. For further guidance on these requirements, refer to the HHS Grants Policy Statement on Grants Policies & Regulations.

7. Specifically, the purpose of a subaward is to carry out a portion of the federal award and creates a federal assistance relationship with the subrecipient, while the purpose of a contract is to obtain goods or services for the health center’s own use and creates a procurement relationship with the contractor.

8. Property management may only be applicable in certain contracts, based on the types of the goods or services provided. Property is defined in 2 CFR 200 as either real property or personal property.  Most contract provisions for “record retention and access” and “audit” likely will be applicable. For example, while property may not be relevant to the contract for an after-hours answering service or with a radiology practice, the health center would need to have access to patient records, calls and related information, including the ability to audit this information when needed, as part of its contract with these third-party organizations.

9. Subrecipients are generally eligible to receive Federally Qualified Health Center (FQHC) payment rates under Medicaid and Medicare, 340B Drug Pricing Program, and Federal Tort Claims Act (FTCA) coverage. However, such benefits are not automatically conferred and may require additional actions and approvals (for example, submission and approval of a subrecipient FTCA deeming application).

10. For further guidance on these requirements, refer to the HHS Grants Policy Statement on Grants Policies & Regulations.

11. Refer to 2 CFR 200 Subpart E: Cost Principles.

12. Per 2 CFR 200.521, the management decision [issued by the health center to the subrecipient] must clearly state whether or not the audit finding is sustained, the reasons for the decision, and the expected auditee action to repay disallowed costs, make financial adjustments, or take other action.

13 Refer to 2 CFR 200.334 for HHS retention requirements for records.

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