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45 C.F.R. §§ 95.626–95.641

6 sections in range

§95.626. Independent Verification and Validation.

45 C.F.R. § 95.626

(a)
An assessment for independent verification and validation (IV&V) analysis of a State's system development effort may be required in the case of APD projects that meet any of the following criteria:
(1)
Are at risk of missing statutory or regulatory deadlines for automation that is intended to meet program requirements;
(2)
Are at risk of failing to meet a critical milestone;
(3)
Indicate the need for a new project or total system redesign;
(4)
Are developing systems under waivers pursuant to sections 452(d)(3) or 627 of the Social Security Act;
(5)
Are at risk of failure, major delay, or cost overrun in their systems development efforts;
(6)
Fail to timely and completely submit APD updates or other required systems documentation.
(7)
State's procurement policies put the project at risk, including a pattern of failing to pursue competition to the maximum extent feasible.
(8)
State's failure to adequately involve the State program offices in the development and implementation of the project.
(b)
Independent Verification and Validation efforts must be conducted by an entity that is independent from the State (unless the State receives an exception from the Department) and the entity selected must:
(1)
Develop a project workplan. The plan must be provided directly to the Department at the same time it is given to the State.
(2)
Review and make recommendations on both the management of the project, both State and vendor, and the technical aspects of the project. The IV&V provider must give the results of its analysis directly to the federal agencies that required the IV&V at the same time it reports to the State.
(3)
Consult with all stakeholders and assess the user involvement and buy-in regarding system functionality and the system's ability to support program business needs.
(4)
Conduct an analysis of past project performance sufficient to identify and make recommendations for improvement.
(5)
Provide risk management assessment and capacity planning services.
(6)
Develop performance metrics which allow tracking project completion against milestones set by the State.
(c)
The acquisition document and contract for selecting the IV&V provider (or similar documents if IV&V services are provided by other State agencies) must include requirements regarding the experience and skills of the key personnel proposed for the IV&V analysis. The contract (or similar document if the IV&V services are provided by other State agencies) must specify by name the key personnel who actually will work on the project. The acquisition documents and contract for required IV&V services must be submitted to the Department for prior written approval.
Notes, amendments, and revision history

Amendments

[75 FR 66340, Oct. 28, 2010]

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).

Amendments

[75 FR 66340, Oct. 28, 2010]

§95.627. Waivers.

45 C.F.R. § 95.627

(a)
Application for a waiver. A State may apply for a waiver of any requirement in subpart F by presenting an alternative approach. Waiver requests must be submitted and approved as part of the State's APD or APD Update.
(b)
Waiver approvals. The Secretary, or his or her designee, may grant a State a waiver if the State demonstrates that it has an alternative approach to a requirement in this chapter that will safeguard the State and Federal Governments' interest and that enables the State to be in substantial compliance with the other requirements of this chapter.
(c)
Contents of waiver request. The State's request for approval of an alternative approach or waiver of a requirement in this chapter must demonstrate why meeting the condition is unnecessary, diminishes the State's ability to meet program requirements, or that the alternative approach leads to a more efficient, economical, and effective administration of the programs for which federal financial participation is provided, benefiting both the State and Federal Governments.
(d)
Review of waiver requests. The Secretary, or his or her designee, will review waiver requests to assure that all necessary information is provided, that all processes provide for effective economical and effective program operation, and that the conditions for waiver in this section are met.
(e)
Agency's response to a waiver request. When a waiver is approved by an agency, it becomes part of the State's approved APD and is applicable to the approving agency. A waiver is subject to the APD suspension provisions in § 95.611(c)(3). When a waiver is disapproved, the entire APD will be disapproved. The APD disapproval is a final administrative decision and is not subject to administrative appeal.
Notes, amendments, and revision history

Amendments

[75 FR 66340, Oct. 28, 2010]

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).

Amendments

[75 FR 66340, Oct. 28, 2010]

§95.631. Cost identification for purpose of FFP claims.

45 C.F.R. § 95.631

The conditions of this subpart apply notwithstanding the existence of an approved cost allocation plan. State agencies shall assign and claim the costs incurred under an approved APD in accordance with the following criteria:
(a)
Development costs.
(1)
Using its normal departmental accounting system, the State agency shall specifically identify what items of costs constitute development costs, assign these costs to specific project cost centers, and distribute these costs to funding sources based on the specific identification, assignment and distribution outlined in the approved APD; (2) the methods for distributing costs set forth in the APD should provide for assigning identifiable costs, to the extent practicable, directly to program/functions. The State agency shall amend the cost allocation plan required by subpart E of this part to include the approved APD methodology for the identification, assignment and distribution of the development costs.
(b)
Operational costs. Costs incurred for the operation of an ADP system shall be identified and assigned by the State agency to funding sources in accordance with the approved cost allocation plan required by Subpart E of this part.
(c)
Service agreement costs. States that operate a central data processing facility shall use their approved central service cost allocation plan required by OMB Circular A-87 to identify and assign costs incurred under service agreements with the State agency. The State agency will then distribute these costs to funding sources in accordance with paragraphs (a) and (b) of this section.
Notes, amendments, and revision history

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).

§95.633. Nondiscrimination requirements.

45 C.F.R. § 95.633

State agencies that acquire ADP equipment and services are subject to the nondiscrimination requirements in parts 80, 84, and 90.
Notes, amendments, and revision history

Amendments

[45 FR 10794, Feb. 19, 1980]

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).

Amendments

[45 FR 10794, Feb. 19, 1980]

§95.635. Disallowance of Federal financial participation for automated systems that fail to comply substantially with requirements.

45 C.F.R. § 95.635

(a)
Federal financial participation at the applicable matching rate is available for automated data processing system expenditures that meet the requirements specified under the approved APD including the approved cost allocation plan.
(b)
All or part of any costs for system projects that have a major failure to comply with an APD approved under applicable regulation at § 95.611, or for the Title IV-D program contained in part 307, the applicable regulations for the Title IV-E and Title IV-B programs contained in Chapter 13, subchapter G, § 1355.55, or the applicable regulations for the Title XIX program contained in 42 CFR chapter 4 subchapter C, part 433, are subject to disallowance by the Department.
Notes, amendments, and revision history

Amendments

[75 FR 66340, Oct. 28, 2010]

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).

Amendments

[75 FR 66340, Oct. 28, 2010]

§95.641. Applicability of rules for charging equipment in subpart G of this part.

45 C.F.R. § 95.641

ADP equipment, as well as other equipment acquired under public assistance programs, is subject to subpart G of this part. Among other things, subpart G provides that a State may charge only depreciation or use allowances for equipment with unit acquisition cost of over $25,000. However, for ADP equipment HHS will consider requests for waivers of that restriction. If the acquisition of the equipment is part of an APD that is subject to the prior approval requirements of subpart F, the State may submit the request for a waiver as part of the APD.
Notes, amendments, and revision history

Source

Source: 51 FR 45326, Dec. 18, 1986, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a).