Contract - IHCDA - Mortgage Foreclosure Prevention Counseling

Home Browse Search

client file. The Contractor cannot submit subordinate liens for a homeowner whose primary lien was already serviced by the counselor previously and where this is not a change in circumstance for the borrower or change in workout options available to the borrower, nor should the Contractor resubmit clients who have on -going cases without any substantial change in circumstances and that have already been filled in a previous round of funding. Client Riebts. In order to keep as many options as possible available to clients, the Contractor must not engage in exclusivity agreements with clients seeking foreclosure or delinquency counseling or interested parties such as servicers or lenders, not shall they otherwise engage in practices which exclude other counseling agencies from working with its clients or its clients' servicers or lenders, should the client willingly seek assistance from another organization. Indirect Cost Rate. According to 2 CFR 200.414(f), the Contractor may charge a de minimis rate of 10% of modified total direct costs (MTDC). As described in 2 CFR 200.403, Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the Contractor chooses to negotiate a rate, which the Contractor may apply to do at any time. A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a Federal cognizant agency for indirect costs or maintained on file by the Contractor, must be certified by the Contractor using the Certificate of Cost Allocation Plan or Certificate of Indirect Costs as set forth in Appendices III through VII, and Appendix IX in 2 CFR part 200. The certificate must be signed on behalf of the Contractor by an individual at a level no lower than vice president or chief financial officer of the Contractor. Internal Controls. The Contractor must: A. Establish and maintain effective internal control over federal funds that provides reasonable assurance that the Contractor is managing federal funds in compliance with Federal statutes, regulations, and the terms and conditions of the federal funding. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). Comply with Federal statutes, regulations, and the terms and conditions of federal funds. Evaluate and monitor the Contractor's compliance with statutes, regulations and the terms and conditions of the federal funds. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. {00028595-11 Page 19 of 39