45 C.F.R. § 95.610

Current through November 30, 2024
Section 95.610 - Submission of advance planning documents

Advance Planning Document (APD) refers to an Initial advance automated data processing planning document or Initial APD, providing a recorded plan of action to request funding approval for a project which will require the use of ADP services or equipment, including the use of shared or purchased services in lieu of State acquired stand-alone resources. Requirements are detailed in paragraph (a), (b) and (c) of this section.

(a)Planning APD.
(1) A separate planning effort and Planning APD is optional, but highly recommended, and generally applies to large statewide system developments and/or major hardware acquisitions. States with large, independent counties requesting funding at the regular match rate for county systems are strongly encouraged to engage in planning activities commensurate with the complexity of the projected ADP project and to submit a Planning APD to allow for time and to provide funding for its planning activities. Therefore, States must consider the scope and complexity of a project to determine whether to submit a Planning APD as a separate document to HHS or whether to combine the two phases of planning and implementation into one APD covering both the Planning APD and the Implementation APD requirements.
(2) The Planning APD is a relatively brief document, usually not more than 6-10 pages, which must contain:
(i) A statement of the problem/need that the existing capabilities can not resolve, new or changed program requirements or opportunities for improved economies and efficiencies and effectiveness of program and administration and operations;
(ii) A project management plan that addresses the planning project organization, planning activities/deliverables, State and contractor resource needs, planning project procurement activities and schedule;
(iii) A specific budget for the planning phase of the project;
(iv) An estimated total project cost and a prospective State and Federal cost allocation/distribution, including planning and implementation;
(v) A commitment to conduct/prepare the problem(s) needs assessment, feasibility study, alternatives analysis, cost benefit analysis, and to develop a Functional Requirements Specification and/or a General Systems Design (GSD);
(vi) A commitment to define the State's functional requirements, based on the State's business needs which may be used for the purpose of evaluating the transfer of an existing system, including the transfer of another State's General System Design that the State may adapt to meet State specific requirements;
(vii) Additional Planning APD content requirements, for enhanced funding projects as contained in § 307.15 and §§ 1355.50 through 1355.57 ; and
(viii) An acquisition summary for the upcoming year or development phase that provides the following information on proposed acquisitions:
(A) Type and scope of contract
(B) Procurement strategy
(C) Estimated cost or not to exceed amount
(D) Timeframe of contract
(E) A statement or certification that the proposed acquisition will comply with all State and Federal requirements including the retention of software ownership rights specified in § 95.617 .
(b)Implementation APD. The Implementation APD shall include:
(1) The results of the activities conducted under a Planning APD, if any;
(2) A statement of problems/needs and outcomes/objectives;
(3) A requirements analysis, feasibility study and a statement of alternative considerations including, where appropriate, the use of service-orientated architecture and a transfer of an existing system and an explanation of why such a transfer is not feasible if another alternative is identified;
(4) A cost benefit analysis;
(5) A personnel resource statement indicating availability of qualified and adequate numbers of staff, including a project director to accomplish the project objectives;
(6) A detailed description of the nature and scope of the activities to be undertaken and the methods to be used to accomplish the project;
(7) The proposed activity schedule for the project;
(8) A proposed budget (including an accounting of all possible Implementation APD activity costs, e.g., system conversion, vendor and state personnel, computer capacity planning, supplies, training, hardware, software and miscellaneous ADP expenses) for the project;
(9) A statement indicating the duration the State expects to use the equipment and/or system;
(10) An estimate of the prospective cost allocation/distribution to the various State and Federal funding sources and the proposed procedures for distributing costs;
(11) A statement setting forth the security and interface requirements to be employed and the system failure and disaster recovery/business continuity procedures available or to be implemented; and
(12) Additional requirements, for acquisitions for which the State is requesting enhanced funding, as contained at § 307.15 and 42 CFR subchapter C, part 433 or funding for title IV-E agencies as contained at § 1355.52(i) of this title.
(c)Advance Planning Document Update (APDU).
(1) The Annual APDU, which is due 60 days prior to the expiration of the FFP approval, includes:
(i) A reference to the approved APD and all approved changes;
(ii) A project activity report which includes the status of the past year's major project tasks and milestones, addressing the degree of completion and tasks/milestones remaining to be completed, and discusses past and anticipated problems or delays in meeting target dates in the approved APD and approved changes to it and provides a risk management plan that assesses project risk and identifies risk mitigation strategies;
(iii) A report of all project deliverables completed in the past year and degree of completion for unfinished products and tasks;
(iv) An updated project activity schedule for the remainder of the project;
(v) A revised budget for the entirety of the project's life-cycle, including operational and development cost categories;
(vi) A project expenditures report that consists of a detailed accounting of all expenditures for project development over the past year and an explanation of the differences between projected expenses in the approved APD and actual expenditures for the past year;
(vii) A report of any approved or anticipated changes to the allocation basis in the APD's approved cost allocation methodology; and
(viii) An acquisition summary for the upcoming year or development phase that provides the following information on proposed acquisitions:
(A) Type and scope of contract
(B) Procurement strategy
(C) Estimated cost or not to exceed amount
(D) Timeframe of contract
(E) A statement or certification that the proposed acquisition will comply with all State and Federal requirements including the retention of software ownership rights specified in § 95.617 .
(2) The As-Needed APDU is a document that requests approval for additional funding and/or authority for project continuation when significant changes are anticipated, when the project is being funded on a phased implementation basis, or to clarify project information requested as an approval condition of the Planning APD, Annual APDU, or Implementation APD. The As-Needed APDU may be submitted any time as a stand-alone funding or project continuation request, or may be submitted as part of the Annual APDU. The As-Needed APDU is submitted:
(i) When the State anticipates incremental project expenditures (exceeding specified thresholds);
(ii) When the State anticipates a schedule extension of more than 60 days for major milestones;
(iii) When the State anticipates major changes in the scope of its project, e.g., a change in its procurement plan, procurement activities, system concept or development approach;
(iv) When the State anticipates significant changes to its cost distribution methodology or distribution of costs among Federal programs; and/or,
(v) When the State anticipates significant changes to its cost benefit projections. The As-Needed APDU shall provide supporting documentation to justify the need for a change to the approved budget.
(vi) Changes to the acquisition summary in the following areas:
(A) Type and scope of contract
(B) Procurement strategy
(C) Estimated cost or not to exceed amount
(D) Timeframe of contract
(E) A statement or certification that the proposed acquisition will comply with all State and Federal requirements including the retention of software ownership rights specified in § 95.617 .
(F) New acquisitions not summarized in the Annual APDU.
(3) The Operational Advance Planning Document Update (OAPDU) is an annual submission of no more than two pages, including:
(i) Summary of activities;
(ii) Acquisitions; and,
(iii) Annual budget by project/system receiving funding through the programs covered under this part.

45 C.F.R. §95.610

75 FR 66337 , Oct. 28, 2010, as amended at 81 FR 35479 , June 2, 2016
81 FR 35479 , 8/1/2016