Final Rule: State Systems Advance Planning Document Process
DATE: October 28, 2010
TO: State Programs under Title IV-D of the Social Security Act and Other Interested Individuals
SUBJECT: Final Rule: State Systems Advance Planning Document Process
SUMMARY: This final rule revises federal requirements for the Advance Planning Document (APD) processes that govern the procedure by which States obtain approval for Federal Financial Participation in the cost of acquiring automated data processing equipment and services.
The final rule:
- Limits the amount of documentation for annual submission to 1-2 pages if the State system is in operational status with no development.
- Eliminates the prior approval submission requirements for operational procurements, regardless of the size of the contract.
- Increases the dollar threshold from $5 million to $20 million for submitting hardware and commercial off-the-shelf software acquisitions for prior approval.
- Increases the dollar threshold from $5 million to $6 million for submitting software application acquisitions for prior approval, but also permits contract amendments to be exempted from prior Federal approval until their cumulative cost exceeds 20% of the base contract.
- Effectively permits States to follow their own procurement rules in areas such as sole source justification and conflict of interest as long as the same rules are followed for procurements not matched with Federal Financial Participation funding.
- Expands the authority for States to seek an exemption from Federal prior approval of acquisitions over the submission threshold as long as the acquisition summary meets the criteria specified in the Annual Advance Planning Document and it is not the initial acquisition for a high risk activity.
- Eliminates the need for annual cost benefit analysis updates.
- Requires Independent Verification and Validation of high risk projects and establishes in regulation the high risk activities that trigger an IV&V assessment review by Federal staff. Two additional IV&V triggers are added to the triggers already in the child support regulations.
- Permits a waiver of any Advance Planning Document regulatory requirement under certain criteria.
- Provides authority to recoup Federal funding from failed system projects.
OCSE will post guidance material on its website and schedule a series of teleconferences to provide training on the changes associated with this final rule.
REFERENCES: 45 CFR Part 95, 45 CFR part 92
EFFECTIVE DATE: This rule is effective upon publication.
INQUIRIES: ACF OCSE Division of State and Tribal Systems Analysts
Office of Child Support Enforcement