Federal Program Information:
Funding Agency: U.S. Department of Education Title: Education Stabilization Fund
FAL Number: 84.425D,U,W
Passthrough: New Mexico Public Education Department Award Year: 2022 Criteria: APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and
3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction’’). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing
wage determination issued by the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland ‘‘AntiKickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
Condition: During our review of the requirements of Special Tests provisions of the Compliance
Supplement and the District’s implementation of controls related to compliance with these
provisions for the Education Stabilization Fund, we identified the following issues:
• None of the contracts with companies providing construction or maintenance services for the
District included the required language relating to the Davis-Bacon Act or the Copeland
“AntiKickback” Act.
• One of three contracts tested for compliance with weekly payroll certifications did not have
weekly certifications provided to District whereby the contractor attested that all laborers were
paid wages in rates to be in compliance with the prevailing wage rate for the contractor’s
employees.
Questioned Costs: Unknown
Cause: District personnel were unaware of requirement to include language in contracts
regarding the Davis-Bacon Act or the Copeland “AntiKickback” Act with companies providing
construction or maintenance work for the District when Federal funds are being used to pay for
those services. Additionally, District personnel were unaware of the $2,000 threshold and had
mistakenly been using a $60,000 threshold, which is a state threshold for wage rate determinations.
The District had been obtaining New Mexico Wage Rate Determinations for all projects with costs
exceeding $60,000 and obtaining weekly payroll certifications from those vendors, but had not been
obtaining this for projects with costs in excess of $2,000. Those obtaining these services for the
District were not always aware that Federal funds were being used to pay for these projects.
Many of the construction contracts entered into by the District come through companies with
approved contracts with Cooperative Educational Services. As such, the District has not been in the
habit of creating an additional contract directly with the vendor including the additional language
which is necessary to be in compliance with Federal requirements when grant funds are used in
construction or maintenance projects. Effect: The District is not in compliance with Federal requirements when using grant funds to pay
for construction or maintenance projects in excess of $2,000. Noncompliance with these provisions
could cause reimbursement of these funds to be questioned or require the District to reimburse the
granting agency for any costs incurred under these projects. Additionally, companies providing
these services may not know they are subject to particular wage rate determinations for the project
which may cause them to bid or quote amounts which do not provide for payment of required wages to
the employees participating on those projects.
Auditor’s Recommendation: We recommend that the District establish a practice of including the
required language for the Davis- Bacon Act and the Copeland “AntiKickback” Act in contracts
with all companies which provide construction or maintenance projects to the District. When
companies are selected that have Cooperative Educational Services agreements, the District should
require an additional contract be signed by the company which includes these provisions.
Additionally, we recommend that District personnel be trained in identifying which funds fall under
Federal regulations versus State regulations so that when purchase orders are created and contracts
are entered into that these individuals know they are including the proper requirements.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
Future wage decisions will be submitted to Finance. Grants Department to complete
monthly review to verify information.
• Timeline for completion of corrective action plan:
June 2023
• Employee position(s) responsible for meeting the timeline:
Operations Director and Grants Department
Federal Program Information:
Funding Agency: U.S. Department of Education Title: Education Stabilization Fund
FAL Number: 84.425D,U,W
Passthrough: New Mexico Public Education Department Award Year: 2022 Criteria: §200.213 Equipment.
(d)(1) Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property (including
the federal award identification number), who holds title, the acquisition date, cost of
the property, percentage of federal participation in the project costs for the federal award under
which the property was acquired, the location, use and condition of the property, and any ultimate
disposition data including the date of disposal and sales price of the property.
Additionally, according to grant requirements and the Compliance Supplement, when Education
Stabilization Funds are used for capital expenditures the “…subrecipient must receive prior
approval for capital expenditures for equipment acquisition or improvements to land,
buildings, or equipment.”
Condition: During our review of capital expenditures by the District, we identified the following
issues:
• The District had not properly identified all expenditures from the Education
Stabilization Fund which were for capital additions to the District’s assets. The District had
been approved for the addition of 500 Promethean boards. However, in the initial capital asset
addition detail provided to us, only $300,000 of the total costs of $2,985,480.15 had been included
on the listing.
• The District did not obtain from the New Mexico Public Education Department (NMPED) an
“Equipment >= $5,000 Preapproval to Purchase Form” for the purchase of seven Windsor 20”
riding floor scrubbing machines at a cost of
$76,193.46. The District did obtain the required forms for all other equipment purchases and
construction/maintenance projects funded under the grant. Additionally, the NMPED did approve
reimbursement of the $76,193.46.
Questioned Costs: $76,193.46 The NMPED did reimburse these funds, but they could be called into
question for not obtaining the release form prior to purchasing the equipment.
Cause: The District had not captured all costs which required capitalization when the fixed asset
and depreciation detail was provided to the auditors. Additional amounts were identified by the
auditors and by District staff which caused the significant increase in the final value of
capital asset additions for the year which were funded by the grant. The District
expended significant funds for equipment, land improvements, and building improvements during
the year under audit with more than 40 separate construction projects in place and millions of
dollars of additions for single purchase items for equipment and vehicles.
Identifying and capturing all of these costs were significant for the two individuals who are
responsible for these duties when combined with all of their other duties in the District. The
significant increase in the number of projects and the purchases of equipment and vehicles made in
the year made capturing all items timely, correctly categorizing them, and processing depreciation
amounts by the end of the year very difficult. Also, at times, the correct object codes for the
items were not used when the original purchase orders were created. The system is designed
to “hook” those items with pre-identified object codes that should be capitalized.
However, when incorrect object codes are used for capital items that need to be captured and
included in the detail identifying these items must be done manually, and this is a very
time-consuming process.
District personnel had missed communicating internally the purchase of the floor scrubbers and that
this equipment was going to be purchased with grant funds. As such, the department responsible for
obtaining all equipment authorizations was unaware of the
need to initiate the form and obtain NMPED approval.
Effect: The District is not in compliance with Federal regulations related to internal
control procedures and compliance requirements in relation to the grant and could put funding in
jeopardy or require the District to reimburse the program.
Auditor’s Recommendation: We recommend the District emphasize the importance of accurately
identifying all fixed asset additions and construction projects during the year and work to capture
all relevant costs prior to the audit so that they may be coded and tracked to the grant funds
used. These costs should be identified, recorded, and categorized into the proper capital asset
categories in order to maintain accurate records. Original purchase orders should contain the
proper fund and object codes to allow for the system to automatically capture these additions
for review. Finally, when the District engages in as many projects and purchases that
occurred in the year under audit, modifications to work schedules and responsibilities may need to
be contemplated in order to provide sufficient time to capture and complete all the required tasks
in a timely manner.
We recommend that all individuals involved with creating purchase orders in grant funds
be trained in the requirements for purchasing capital assets and the needed
pre-authorizations required. Additionally, we recommend that all individuals involved be trained to
contact the department assigned to obtain the pre-authorization forms from NMPED so that there is
no miscommunication in the future.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
The Finance Grants department along with the Federal Programs department have discovered the need
to add additional approver to include Federal Programs Coordinator and/or Federal Programs
Specialist in requisition process of all purchases involving federal funds. This
adjustment in the approval process will assist in catching all needed documentation
required for the accurate justification and federal compliance. Grants Staff to seek training for purchasing capital assets using grant funds. In addition, verify items that cost over 5k and to make sure there is a 5k equipment form completed/signed and approved
by PED and have it attached to the requisition.
• Timeline for completion of corrective action plan:
June 2023
• Employee position(s) responsible for meeting the timeline:
Grants Specialist and Federal Programs staff.
Federal Program Information:
Funding Agency: U.S. Department of Education Title: Impact Aid (Title VII of ESEA)
FAL Number: 84.041
Passthrough: N/A
Award Year: 2022
Criteria: Per the Compliance Supplement – Application for Impact Aid – Section 7003 (OMB No.
1810-0687) – Each year an LEA must submit this application, which provides the following information: counts of federally connected children in various categories, membership and average
daily attendance data, and information on expenditures for children with disabilities. Please note:
As a result of the public health emergency related to the coronavirus, the Impact Aid Coronavirus
Relief Act (Pub. L. No. 116-211) provides LEAs the option for their fiscal year 2022 7003
application of using the same student count data from their fiscal year 2021 application or
providing new student count data as prescribed in Section 7003. Membership and average attendance
data should be tested. The auditor should use professional judgment when determining which
categories to test, taking into account the relative materiality of the number of children reported in other categories.
Condition: During our review of information provided in the Impact Aid application we identified
the following issues:
• A student who was no longer in the special education program was still listed on the Impact
Aid application as a student with disabilities.
• A student in the special education program did not have a current individual education
program (IEP) in place at the October survey date. The previous IEP had expired in September and
the new IEP was not put in place until November of the same year.
• The Federal oversight agency had previously reviewed the application used for this audit and
had found multiple errors that had been corrected in consultation with the District. We had
reviewed the corrected application.
Questioned Costs: $12,450
Cause: There was not good inter-program communication to make sure special education students are
properly accounted for on the Impact Aid application.
Effect: The District is not in compliance with Federal regulations related to internal
control procedures and compliance requirements in relation to the grant and could put funding in
jeopardy or require the District to reimburse the program.
Auditor’s Recommendation: When completing the Impact Aid application, the students included on the
special education portion of the application should be reviewed by the special education department
to make sure all students are properly accounted for as students may move in or out of the program.
Responsible official’s view:
• Specific corrective action plan for the finding:
Review the students’ files and update PowerSchool to make the necessary corrections as
needed. Student Support Services Department provides reports with due dates to Case Managers for
verification. Student Services Department reviews if changes are needed.
• Timeline for completion of corrective action plan:
June 2023
• Employee positions(s) responsible for meeting the timeline:
Case Managers/Special Education Teachers are responsible for meeting the timelines of Annual and
Reevaluation IEP Due Dates. Student Support Services Director & Department for certification and
compliance reports.
Federal Program Information:
Funding Agency: U.S. Department of Agriculture
Title: USDA School Breakfast Program and National School Lunch
Program
FAL Number: 10.553 and 10.555
Passthrough: New Mexico Public Education Department Award Year:
2022
Criteria:
§200.213 Suspension and debarment.
Non-federal entities are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards,
sub awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal assistance programs or activities.
§200.317 Procurements by states.
When procuring property and services under a Federal award, a state must follow the same policies
and procedures it uses for procurements from its non-Federal funds. The state will comply with
§200.322 Procurement of recovered materials and ensure that every purchase order or other contract
includes any clauses required by section §200.326 Contract provisions. All other non-Federal
entities, including sub recipients of a state, will follow §200.318 General procurement standards
through 200.326 Contract provisions.
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance
with the terms, conditions, and specifications of their contracts or purchase orders.
APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government-wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” https://www.sam.gov/portal/public/SAM/ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Condition: During our testing of single audit disbursements, we identified five vendors which would meet the requirement of verifying that the vendor was not suspended or debarred or
otherwise excluded from receiving the contract which was funded through Federal dollars. The vendor
received single payments in excess of $25,000 from the District from Federal grant sources. The
vendors are not currently suspended or debarred from receiving Federal contracts; however, the
District did not have proper internal controls in place to verify this prior to the purchase.
Questioned Costs: None
Cause: District personnel did not verify that vendors which meet the $25,000 thresholds are not
suspended, debarred, or otherwise excluded from participating in contracts funded through Federal
awards due to a misunderstanding of staff personnel regarding this requirement.
Effect: The District is not in compliance with Federal regulations related to the grant and could
put funding in jeopardy or require the District to reimburse the program for improper grant distributions.Auditor’s Recommendation: We recommend the District establish a policy and implement procedures
regarding large purchases related to Federal grants to insure that no vendors who are suspended,
debarred, or otherwise excluded from participating in transactions funded through Federal grants
are used. As identified above, there are several methods in which the District can verify vendors
are not suspended or debarred. The District may have the vendor provide an annual certification
that it is not currently suspended, debarred, or otherwise prevented from receiving Federal
dollars. In other occasions in which a single purchase is going to be made, the purchasing
procedures should include looking up the vendor on the GSA website, printing a copy of the
verification, and placing it in the file with the purchase order. The District has options, and it
should establish what method is the least intrusive but also effective in complying with the
requirements of the Uniform Grant Guidance.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
The Grants Finance Department, Purchasing Department along with the Federal Grants
Department will review vendors that are issued requisitions at each approval level to
assist in catching $25K or more for Suspension and Debarment. A printed document from
SAM.GOV verifying eligibility to Requisitions over $25K should be attached.
At initial setup of new vendors, the Purchasing Department will review vendors in SAM.GOV. A
printed document from SAM.GOV verifying eligibility of vendor will be attached to the vendor file.
• Timeline for completion of corrective action plan:
July 1, 2023
• Employee position(s) responsible for meeting the timeline:
Grants Specialists, CPO, Finance Specialist, Purchasing Specialist, Federal Grants
Coordinator, Federal Grants Specialist
Federal Program Information:
Funding Agency: U.S. Department of Education Title: Education Stabilization Fund
FAL Number: 84.425D,U,W
Passthrough: New Mexico Public Education Department Award Year: 2022 Criteria: APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and
3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction’’). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing
wage determination issued by the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland ‘‘AntiKickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
Condition: During our review of the requirements of Special Tests provisions of the Compliance
Supplement and the District’s implementation of controls related to compliance with these
provisions for the Education Stabilization Fund, we identified the following issues:
• None of the contracts with companies providing construction or maintenance services for the
District included the required language relating to the Davis-Bacon Act or the Copeland
“AntiKickback” Act.
• One of three contracts tested for compliance with weekly payroll certifications did not have
weekly certifications provided to District whereby the contractor attested that all laborers were
paid wages in rates to be in compliance with the prevailing wage rate for the contractor’s
employees.
Questioned Costs: Unknown
Cause: District personnel were unaware of requirement to include language in contracts
regarding the Davis-Bacon Act or the Copeland “AntiKickback” Act with companies providing
construction or maintenance work for the District when Federal funds are being used to pay for
those services. Additionally, District personnel were unaware of the $2,000 threshold and had
mistakenly been using a $60,000 threshold, which is a state threshold for wage rate determinations.
The District had been obtaining New Mexico Wage Rate Determinations for all projects with costs
exceeding $60,000 and obtaining weekly payroll certifications from those vendors, but had not been
obtaining this for projects with costs in excess of $2,000. Those obtaining these services for the
District were not always aware that Federal funds were being used to pay for these projects.
Many of the construction contracts entered into by the District come through companies with
approved contracts with Cooperative Educational Services. As such, the District has not been in the
habit of creating an additional contract directly with the vendor including the additional language
which is necessary to be in compliance with Federal requirements when grant funds are used in
construction or maintenance projects. Effect: The District is not in compliance with Federal requirements when using grant funds to pay
for construction or maintenance projects in excess of $2,000. Noncompliance with these provisions
could cause reimbursement of these funds to be questioned or require the District to reimburse the
granting agency for any costs incurred under these projects. Additionally, companies providing
these services may not know they are subject to particular wage rate determinations for the project
which may cause them to bid or quote amounts which do not provide for payment of required wages to
the employees participating on those projects.
Auditor’s Recommendation: We recommend that the District establish a practice of including the
required language for the Davis- Bacon Act and the Copeland “AntiKickback” Act in contracts
with all companies which provide construction or maintenance projects to the District. When
companies are selected that have Cooperative Educational Services agreements, the District should
require an additional contract be signed by the company which includes these provisions.
Additionally, we recommend that District personnel be trained in identifying which funds fall under
Federal regulations versus State regulations so that when purchase orders are created and contracts
are entered into that these individuals know they are including the proper requirements.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
Future wage decisions will be submitted to Finance. Grants Department to complete
monthly review to verify information.
• Timeline for completion of corrective action plan:
June 2023
• Employee position(s) responsible for meeting the timeline:
Operations Director and Grants Department
Federal Program Information:
Funding Agency: U.S. Department of Education Title: Education Stabilization Fund
FAL Number: 84.425D,U,W
Passthrough: New Mexico Public Education Department Award Year: 2022 Criteria: §200.213 Equipment.
(d)(1) Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property (including
the federal award identification number), who holds title, the acquisition date, cost of
the property, percentage of federal participation in the project costs for the federal award under
which the property was acquired, the location, use and condition of the property, and any ultimate
disposition data including the date of disposal and sales price of the property.
Additionally, according to grant requirements and the Compliance Supplement, when Education
Stabilization Funds are used for capital expenditures the “…subrecipient must receive prior
approval for capital expenditures for equipment acquisition or improvements to land,
buildings, or equipment.”
Condition: During our review of capital expenditures by the District, we identified the following
issues:
• The District had not properly identified all expenditures from the Education
Stabilization Fund which were for capital additions to the District’s assets. The District had
been approved for the addition of 500 Promethean boards. However, in the initial capital asset
addition detail provided to us, only $300,000 of the total costs of $2,985,480.15 had been included
on the listing.
• The District did not obtain from the New Mexico Public Education Department (NMPED) an
“Equipment >= $5,000 Preapproval to Purchase Form” for the purchase of seven Windsor 20”
riding floor scrubbing machines at a cost of
$76,193.46. The District did obtain the required forms for all other equipment purchases and
construction/maintenance projects funded under the grant. Additionally, the NMPED did approve
reimbursement of the $76,193.46.
Questioned Costs: $76,193.46 The NMPED did reimburse these funds, but they could be called into
question for not obtaining the release form prior to purchasing the equipment.
Cause: The District had not captured all costs which required capitalization when the fixed asset
and depreciation detail was provided to the auditors. Additional amounts were identified by the
auditors and by District staff which caused the significant increase in the final value of
capital asset additions for the year which were funded by the grant. The District
expended significant funds for equipment, land improvements, and building improvements during
the year under audit with more than 40 separate construction projects in place and millions of
dollars of additions for single purchase items for equipment and vehicles.
Identifying and capturing all of these costs were significant for the two individuals who are
responsible for these duties when combined with all of their other duties in the District. The
significant increase in the number of projects and the purchases of equipment and vehicles made in
the year made capturing all items timely, correctly categorizing them, and processing depreciation
amounts by the end of the year very difficult. Also, at times, the correct object codes for the
items were not used when the original purchase orders were created. The system is designed
to “hook” those items with pre-identified object codes that should be capitalized.
However, when incorrect object codes are used for capital items that need to be captured and
included in the detail identifying these items must be done manually, and this is a very
time-consuming process.
District personnel had missed communicating internally the purchase of the floor scrubbers and that
this equipment was going to be purchased with grant funds. As such, the department responsible for
obtaining all equipment authorizations was unaware of the
need to initiate the form and obtain NMPED approval.
Effect: The District is not in compliance with Federal regulations related to internal
control procedures and compliance requirements in relation to the grant and could put funding in
jeopardy or require the District to reimburse the program.
Auditor’s Recommendation: We recommend the District emphasize the importance of accurately
identifying all fixed asset additions and construction projects during the year and work to capture
all relevant costs prior to the audit so that they may be coded and tracked to the grant funds
used. These costs should be identified, recorded, and categorized into the proper capital asset
categories in order to maintain accurate records. Original purchase orders should contain the
proper fund and object codes to allow for the system to automatically capture these additions
for review. Finally, when the District engages in as many projects and purchases that
occurred in the year under audit, modifications to work schedules and responsibilities may need to
be contemplated in order to provide sufficient time to capture and complete all the required tasks
in a timely manner.
We recommend that all individuals involved with creating purchase orders in grant funds
be trained in the requirements for purchasing capital assets and the needed
pre-authorizations required. Additionally, we recommend that all individuals involved be trained to
contact the department assigned to obtain the pre-authorization forms from NMPED so that there is
no miscommunication in the future.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
The Finance Grants department along with the Federal Programs department have discovered the need
to add additional approver to include Federal Programs Coordinator and/or Federal Programs
Specialist in requisition process of all purchases involving federal funds. This
adjustment in the approval process will assist in catching all needed documentation
required for the accurate justification and federal compliance. Grants Staff to seek training for purchasing capital assets using grant funds. In addition, verify items that cost over 5k and to make sure there is a 5k equipment form completed/signed and approved
by PED and have it attached to the requisition.
• Timeline for completion of corrective action plan:
June 2023
• Employee position(s) responsible for meeting the timeline:
Grants Specialist and Federal Programs staff.
Federal Program Information:
Funding Agency: U.S. Department of Education Title: Impact Aid (Title VII of ESEA)
FAL Number: 84.041
Passthrough: N/A
Award Year: 2022
Criteria: Per the Compliance Supplement – Application for Impact Aid – Section 7003 (OMB No.
1810-0687) – Each year an LEA must submit this application, which provides the following information: counts of federally connected children in various categories, membership and average
daily attendance data, and information on expenditures for children with disabilities. Please note:
As a result of the public health emergency related to the coronavirus, the Impact Aid Coronavirus
Relief Act (Pub. L. No. 116-211) provides LEAs the option for their fiscal year 2022 7003
application of using the same student count data from their fiscal year 2021 application or
providing new student count data as prescribed in Section 7003. Membership and average attendance
data should be tested. The auditor should use professional judgment when determining which
categories to test, taking into account the relative materiality of the number of children reported in other categories.
Condition: During our review of information provided in the Impact Aid application we identified
the following issues:
• A student who was no longer in the special education program was still listed on the Impact
Aid application as a student with disabilities.
• A student in the special education program did not have a current individual education
program (IEP) in place at the October survey date. The previous IEP had expired in September and
the new IEP was not put in place until November of the same year.
• The Federal oversight agency had previously reviewed the application used for this audit and
had found multiple errors that had been corrected in consultation with the District. We had
reviewed the corrected application.
Questioned Costs: $12,450
Cause: There was not good inter-program communication to make sure special education students are
properly accounted for on the Impact Aid application.
Effect: The District is not in compliance with Federal regulations related to internal
control procedures and compliance requirements in relation to the grant and could put funding in
jeopardy or require the District to reimburse the program.
Auditor’s Recommendation: When completing the Impact Aid application, the students included on the
special education portion of the application should be reviewed by the special education department
to make sure all students are properly accounted for as students may move in or out of the program.
Responsible official’s view:
• Specific corrective action plan for the finding:
Review the students’ files and update PowerSchool to make the necessary corrections as
needed. Student Support Services Department provides reports with due dates to Case Managers for
verification. Student Services Department reviews if changes are needed.
• Timeline for completion of corrective action plan:
June 2023
• Employee positions(s) responsible for meeting the timeline:
Case Managers/Special Education Teachers are responsible for meeting the timelines of Annual and
Reevaluation IEP Due Dates. Student Support Services Director & Department for certification and
compliance reports.
Federal Program Information:
Funding Agency: U.S. Department of Agriculture
Title: USDA School Breakfast Program and National School Lunch
Program
FAL Number: 10.553 and 10.555
Passthrough: New Mexico Public Education Department Award Year:
2022
Criteria:
§200.213 Suspension and debarment.
Non-federal entities are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards,
sub awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal assistance programs or activities.
§200.317 Procurements by states.
When procuring property and services under a Federal award, a state must follow the same policies
and procedures it uses for procurements from its non-Federal funds. The state will comply with
§200.322 Procurement of recovered materials and ensure that every purchase order or other contract
includes any clauses required by section §200.326 Contract provisions. All other non-Federal
entities, including sub recipients of a state, will follow §200.318 General procurement standards
through 200.326 Contract provisions.
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance
with the terms, conditions, and specifications of their contracts or purchase orders.
APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government-wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” https://www.sam.gov/portal/public/SAM/ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Condition: During our testing of single audit disbursements, we identified five vendors which would meet the requirement of verifying that the vendor was not suspended or debarred or
otherwise excluded from receiving the contract which was funded through Federal dollars. The vendor
received single payments in excess of $25,000 from the District from Federal grant sources. The
vendors are not currently suspended or debarred from receiving Federal contracts; however, the
District did not have proper internal controls in place to verify this prior to the purchase.
Questioned Costs: None
Cause: District personnel did not verify that vendors which meet the $25,000 thresholds are not
suspended, debarred, or otherwise excluded from participating in contracts funded through Federal
awards due to a misunderstanding of staff personnel regarding this requirement.
Effect: The District is not in compliance with Federal regulations related to the grant and could
put funding in jeopardy or require the District to reimburse the program for improper grant distributions.Auditor’s Recommendation: We recommend the District establish a policy and implement procedures
regarding large purchases related to Federal grants to insure that no vendors who are suspended,
debarred, or otherwise excluded from participating in transactions funded through Federal grants
are used. As identified above, there are several methods in which the District can verify vendors
are not suspended or debarred. The District may have the vendor provide an annual certification
that it is not currently suspended, debarred, or otherwise prevented from receiving Federal
dollars. In other occasions in which a single purchase is going to be made, the purchasing
procedures should include looking up the vendor on the GSA website, printing a copy of the
verification, and placing it in the file with the purchase order. The District has options, and it
should establish what method is the least intrusive but also effective in complying with the
requirements of the Uniform Grant Guidance.
Responsible Official’s Plan:
• Specific corrective action plan for finding:
The Grants Finance Department, Purchasing Department along with the Federal Grants
Department will review vendors that are issued requisitions at each approval level to
assist in catching $25K or more for Suspension and Debarment. A printed document from
SAM.GOV verifying eligibility to Requisitions over $25K should be attached.
At initial setup of new vendors, the Purchasing Department will review vendors in SAM.GOV. A
printed document from SAM.GOV verifying eligibility of vendor will be attached to the vendor file.
• Timeline for completion of corrective action plan:
July 1, 2023
• Employee position(s) responsible for meeting the timeline:
Grants Specialists, CPO, Finance Specialist, Purchasing Specialist, Federal Grants
Coordinator, Federal Grants Specialist