Purpose: This technical assistance guide has been created to provide guidance in developing policy and procedures regarding inventory. Adherence to a comprehensive policy and procedures will ensure the proper use of federal funds authorized under the Workforce Investment Act of 1998. Intended Audience: Local Workforce Investment Board (LWIB) members, Local Workforce Investment Area (LWIA) Executive Directors, Finance Directors, Fiscal Agent Staff and employees. Introduction: Georgia Department of Economic Development Workforce Division (WFD) has received numerous questions and concerns surrounding the acquisition, management and disposition of property purchased with funds received under the Workforce Investment Act (WIA) of 1998. This technical assistance guide will address some of the more common concerns in these three areas. All other questions can be directed to the guidance of the applicable uniform cost principles including appropriate circulars of the Office of Management and Budget (OMB). Uniform Administrative Requirements for Grants and Agreements to State and Local Government is codified at 29 CFR Part 97 (see also OMB Circular A-110(34)). Federal award recipients must agree to comply with the applicable laws and regulations related to the program and its agency as a condition of receiving Federal awards or grants. Federal Regulation: 29 CFR 97.32 Equipment. (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee or subgrantee respectively. (b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and subgrantees will follow paragraphs (c) through (e) of this section. (c) Use. (1) Equipment shall be used by the grantee or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. (2) The grantee or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate. (3) Notwithstanding the
encouragement in 97.25(a) to earn program income, the grantee or subgrantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (4) When acquiring replacement equipment, the grantee or subgrantee may use the equipment to be replaced as a tradein or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. (d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the grantee or subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e) Disposition. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. (3) In cases where a grantee or subgrantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or subgrantee to take excess and disposition actions. (f) Federal equipment. In the event a grantee or subgrantee is provided federally-owned equipment: (1) Title will remain vested in the Federal Government. (2) Grantees or subgrantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. (3) When the equipment is no longer needed, the grantee or subgrantee will request disposition instructions from the Federal agency. (g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third party named by the awarding agency when
such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards: (1) The property shall be identified in the grant or otherwise made known to the grantee in writing.(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow 97.32(e).(3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property. Purchase: Per O.C.G.A. 34-14-22(p), Any non-budgeted purchase or expenditure over $5,000 by a board shall require approval by WFD except for training provider expenditures approved on the eligible training provider list, approved operational expenditures which shall include salaries and benefits, and any purchase requirement in accordance with federal law. This requirement applies to all purchases of $5,000 or more that do not meet the exceptions listed in the O.C.G.A. above. This would include goods, equipment, and supplies (expected to last for 6 months or more), as well as any other non-budgeted purchase made that do not meet the O.C.G.A. criteria. A non-budgeted purchase is defined as not being specifically identified within your CLEO approved budget. WFD will review and may issue approval of items included in the LWIAs submitted budget at time of budget review. Again, the following are circumstances where prior approval is not required: Budgeted Direct participant services Office supplies for 6 months or more Payroll or other operational expenditure Management: One of the most common problems with managing inventory lies in the tracking of items. As noted above, 29 CFR 97.32(d)(1) states: Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. The provisions most commonly missing are the source of the property, with whom the title was vested, and disposition data. This requirement is applicable for items with a single unit price of $5,000 or more. However, there are fixed assets with a unit cost of $4,999 or less which an agency considers particularly vulnerable to loss, thus can be considered an attractive asset which must be tagged and inventoried. This includes equipment such as cell phones,
computers, printers, laptop/notebooks, cameras, camcorders, televisions, video cassette recorders, scanners, copiers, fax machines and any other attractive items of value. These items should be tracked in the same manner as items with a value of $5,000 or more to ensure they are safeguarded and used properly. Although these items are not specifically listed in 29 CFR 97.32(d)(1), it is still imperative to maintain the same inventory records and procedures as LWIAs are responsible for the overall accountability and responsible management of their assets. 29 CFR 97.20(b)(3) - (b) states: The financial management systems of other grantees and subgrantees must meet the following standards: (3) Effective control and accountability must be maintained for all grant and subgrant cash, real and personal property, and other assets. Grantees and subgrantees must adequately safeguard all such property and must assure that it is used solely for authorized purposes. WFD requires that LWIAs demonstrate a method for tracking these provisions, either in the local policy supplemented with a sample inventory spreadsheet or identify these provisions on their main inventory, and make a notation these fields needed to be filled out for qualifying inventory. WFD may approve the omission of items from the property records that are technologically obsolete or no longer hold any monetary value. Disposition: The first step in this process is the determination that the property meets the definition of surplus. Please refer to the State of Georgia Surplus Property Manual for further information regarding the process for making this determination: http://doas.ga.gov/statelocal/surplus/docs_surplus_general/gasurpluspropertyma nual.pdf The next step in the disposition process is determining the value of the surplus equipment to be disposed of. This can be done any number of ways as determined by the local area. For example, an appraiser or insurance agency may be helpful, but the valuation process is not limited to either of these methods. Determining the value will then dictate the course of action that will follow. If the item is valued at $5,000 or over, additional steps must be taken. If the value of the item is $4,999 or less, the local area may dispose of the items per their own documented policy. It is important that all steps in the process be documented and this information be made available for review if requested. Local areas should establish policies in compliance with Federal and State regulations and local policies should always be adhered to first. It is always recommended that the local areas contact their purchasing department with any questions or guidance with such policies. However, if no applicable local policy exists, then State policy must be followed. Per the State of Georgia Workforce Investment Act Policy Manual (page 67): C. Disposition
Service providers may dispose of equipment and supplies according to agency policy when the fair market value of the equipment unit, or the aggregate fair market value of the supplies, is less than $5,000. Service providers must notify the WFD and obtain permission to dispose of items listed above that are valued at$5,000 and above. The State has the following options: 1. Request the equipment or supplies be returned. 2. Approve a buy-out of the equipment or supplies by the service provider or another agency. 3. Approve a sale of the equipment or supplies by the service provider. 4. Approve State of Georgia surplus property requirements if the service provider is a state agency. State policy is determined by the Federal regulation that establishes the procedures for equipment surplus is 29 CFR 97.32 (e). It states: (e) Disposition. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. (3) In cases where a grantee or subgrantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or subgrantee to take excess and disposition actions. It is important to keep in mind that any funds received from the disposition of property will be considered program income and should be reported as such. Additionally as noted previously, all steps throughout the process will need to be documented and available for review if requested. Required documentation includes valuation, determination that item meets definition of surplus, approvals, payment received, and all related correspondence. New Uniform Administrative Guidance: For all grants awarded before December 26, 2014, please continue to use references in this document. For all grants awarded after this date, please refer to 2 CFR 200.313 for Federal inventory requirements.
For further questions, contact: Georgia Department of Economic Development, Workforce Division 404-962-4005 WIADrawdown@georgia.org