Iowa Department of Human Services, DAB No. 1407 (1993)

Department of Health and Human Services

DEPARTMENTAL APPEALS BOARD

Appellate Division

SUBJECT:   Iowa Department of Human Services

DATE:  April 29, 1993
Docket No. A-93-029
Decision No. 1407

   DECISION

The Iowa Department of Human Services (Iowa) appealed a determination by
the Administration for Children and Families (ACF) which disallowed
$20,458 in federal financial participation (FFP) claimed by Iowa as
direct costs of training under Title IV-D of the Social Security Act
(Act) for five quarters beginning with the quarter ended December 1990.
ACF disallowed the costs because they were listed as indirect cost
charges under a training contract between Iowa and Iowa State University
(ISU), and ACF determined that this portion of the contract charges
could not reasonably be viewed as "direct costs" within the meaning of
the applicable regulations.  Based on the following, we reverse ACF's
disallowance in full.

Background

Congress established the Child Support and Establishment of Paternity
Program as Title IV-D of the Act by Public Law 63-457, effective July 1,
1975.  Federal funds were made available to the states for "enforcing
the support obligations owed by absent parents to their children,
locating absent parents, establishing paternity, and obtaining child
support."  Section 451 of the Act.

Iowa entered into a contractual agreement with ISU to train employees
who implement Title IV-D of the Act.  The training costs were billed to
Iowa on vouchers from ISU.  See Iowa Exhibit (Ex.) 4.  In addition to
the total cost of the training, the vouchers indicate how ISU calculated
the total by listing the following items and the cost of each (when
applicable):

 o Salaries, Wages & Benefits o Supplies o Travel o Printing o
 Computer Time o Other o Indirect Cost

Id.  ACF disallowed the total of the amounts shown for the indirect cost
category on the vouchers for the periods noted above.  Although ACF
stated that the costs at issue were properly allocated under Iowa's cost
allocation plan, ACF maintained that the costs are not allowable under
45 C.F.R. . 304.23(d), which provides that FFP is not available for:

 Education and training programs and educational services except
 direct cost of short term training provided to IV-D agency staff
 . . . .

ACF brief (br.) at 1 (emphasis added).  According to ACF: [t]his
 prohibition limits training costs eligible for FFP to those
 expenditures such as tuition, books, etc., that are specifically
 identifiable to individual title IV-D employees participating in
 the training courses offered by the University.

Id.

Analysis

The issue presented here is whether the full contractual fee paid to the
outside vendor is allowable under the regulations.  We conclude that the
full amount was a "direct" cost to the IV-D agency and hence was
allowable under the regulations.  The scope of the contract was limited
specifically to the provision of short-term training to IV-D employees,
and consequently all of the costs of the contract can be identified with
IV-D training objectives. 1/  Thus, these costs fit squarely within the
cost principles' definition of "direct cost."  See Office of Management
and Budget Circular A-87, Attachment A, section E., made applicable here
by 45 C.F.R. . 74.171(a).  ACF did not point to any requirement that ISU
itemize its costs in providing the services and it is purely
coincidental that ISU's contractual fee was broken down into various
categories of ISU's costs.  Indeed, if ISU had submitted an invoice that
did not itemize the elements used to arrive at its fee or had simply
called the fee a "tuition," ACF appears to concede that the full amount
would be allowable.  ACF br. at 4.  Ultimately, any outside source that
charged a single fee or tuition for its training services would want to
include, at a minimum, all elements of its costs for providing the
training.

Moreover, ACF did not argue here that the full contractual fee was in
any way excessive or unreasonable.  Indeed, since ISU broke down the fee
into specific elements, ACF was in a better position to review whether
the cost as a whole was a reasonable charge to the program.

Finally, the Board decision cited by ACF is not determinative of the
issues in this case.  ACF argued that New York State Dept. of Social
Services, DAB No. 794 (1986), required Iowa to make an effort to show
that the costs labeled by ISU as indirect were actually direct costs.
However, New York merely upheld a disallowance of Title IV-D costs where
the state failed to present sufficient evidence that the employees were
Title IV-D employees, and is totally inapposite here.

Conclusion

Based on the foregoing analysis, we reverse ACF's disallowance in full.

 


     Cecilia Sparks Ford

 


     M. Terry Johnson

 


     Donald F. Garrett Presiding
     Board Member

 

1.     Initially, the question of whether ISU's training courses were
provided solely to Title IV-D employees was also an issue in the case.
However, during the course of this proceeding, Iowa submitted
documentation that ACF found adequate to establish that only Title IV-D
employees were trained.  Iowa Ex.