Audit 29568

FY End
2022-09-30
Total Expended
$28.23M
Findings
10
Programs
7
Organization: Commonwealth Ports Authority (MP)
Year: 2022 Accepted: 2023-09-04

Organization Exclusion Status:

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Findings

ID Ref Severity Repeat Requirement
37948 2022-003 Material Weakness Yes F
37949 2022-003 Material Weakness Yes F
37950 2022-003 Material Weakness Yes F
37951 2022-004 Significant Deficiency - A
37952 2022-005 Significant Deficiency - L
614390 2022-003 Material Weakness Yes F
614391 2022-003 Material Weakness Yes F
614392 2022-003 Material Weakness Yes F
614393 2022-004 Significant Deficiency - A
614394 2022-005 Significant Deficiency - L

Contacts

Name Title Type
XGK1P65NW429 Christopher S. Tenorio Auditee
6702376500 James N. Whitt Auditor
No contacts on file

Notes to SEFA

Title: 1. Scope of Audit Accounting Policies: 3. Summary of Significant Accounting Policies Matching Requirements In allocating project expenditures between the federal share and the local share, a percentage is used based upon local matching requirements, unless funds are specifically identified to a certain phase of the project. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. All expenses and capital outlays are reported as expenditures. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Pass-through entity identifying numbers are presented where available. FEMA expenditures recorded in the FY 2022 SEFA were incurred in FY 2021 due to the receipt of the grant award in FY 2022 from the grantor. De Minimis Rate Used: N Rate Explanation: The auditee did not use the de minimis cost rate. CPA was established as a public corporation by CNMI Public Law 2-48, effective November 8, 1981. All significant operations of CPA are included in the scope of the Single Audit. The U.S. Department of the Interiors Office of the Inspector General has been designated as CPAs cognizant agency for the Single Audit.
Title: 2. Basis of Presentation Accounting Policies: 3. Summary of Significant Accounting Policies Matching Requirements In allocating project expenditures between the federal share and the local share, a percentage is used based upon local matching requirements, unless funds are specifically identified to a certain phase of the project. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. All expenses and capital outlays are reported as expenditures. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Pass-through entity identifying numbers are presented where available. FEMA expenditures recorded in the FY 2022 SEFA were incurred in FY 2021 due to the receipt of the grant award in FY 2022 from the grantor. De Minimis Rate Used: N Rate Explanation: The auditee did not use the de minimis cost rate. The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal award activity of CPA under programs of the federal government for the year ended September 30, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of CPA, it is not intended to and does not present the financial position, changes in net position or cash flows of CPA.
Title: 4. Indirect Cost Rate Accounting Policies: 3. Summary of Significant Accounting Policies Matching Requirements In allocating project expenditures between the federal share and the local share, a percentage is used based upon local matching requirements, unless funds are specifically identified to a certain phase of the project. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. All expenses and capital outlays are reported as expenditures. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Pass-through entity identifying numbers are presented where available. FEMA expenditures recorded in the FY 2022 SEFA were incurred in FY 2021 due to the receipt of the grant award in FY 2022 from the grantor. De Minimis Rate Used: N Rate Explanation: The auditee did not use the de minimis cost rate. CPA does not elect to use the de minimis indirect cost rate allowed under the Uniform Guidance.

Finding Details

Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-004 Federal Agency: U.S. Department of the Treasury Pass-Through Entity: CNMI Government Assistance Listings Program: 21.027 Coronavirus State and Local Fiscal Recovery Funds Federal Award Nos.: CNMI22027 Area: Activities Allowed or Unallowed Questioned Costs: $20,000 Criteria: In accordance with 31 CFR Part 35 (Treasury?s Final Rule), recipients may use payments from Program funds to provide premium pay for essential workers if each eligible worker falls into one of three categories: 1) The worker?s pay is below the wage threshold, 2) the worker is not exempt from the FSLA overtime provisions, or 3) the recipient has submitted a written justification to Treasury (or to the pass-through entity). Essential worker is defined as those employees who face greater risk of exposure due to the pandemic and those workers who continue to bear the risk of maintaining the ongoing operation of vital facilities and services. Condition: Tests of twenty-five expenditures, aggregating $1,067,404 of a population of $1,962,016, noted that for four (or 16%), premium pay was paid to employees not deemed essential workers, as follows: "See Schedule of Findings and Questioned Costs for chart/table" Cause: CPA did not adhere to the essential worker requirements based on the Treasury?s Final Rule. Effect: CPA is in noncompliance with activities allowed or unallowed. Recommendation: Prior to expending federal funds from a pass-through entity, responsible personnel should read the terms and conditions of the subrecipient agreement and seek guidance, if necessary, on the use of the funds. Views of Responsible Officials: CPA?s Corrective Action Plan provides a detailed rationale for disagreement with this finding. Auditor response: When CPA received the subrecipient terms and conditions in May 2022, which included ??ensuring compliance with US Treasury?s rules and guidelines found in the Act and the Final Rule,? CPA should have reassessed the premium pay expenditures for compliance.
Finding No.: 2022-005 Federal Agency: U.S. Department of the Treasury Pass-Through Entity: CNMI Government Assistance Listings Program: 21.027 Coronavirus State and Local Fiscal Recovery Funds Federal Award Nos.: CNMI22028 and CNMI22027 Area: Reporting Questioned Costs: $-0- Criteria: Based on the subrecipient agreement from the CNMI Government as the pass-through entity, the subrecipient agrees to submit quarterly reports to the Department of Finance Office of the Secretary no later than fifteen (15) days following the end of the quarter. Condition: All FY 2022 quarterly reports for agreement no. CNMI22028 were prepared and submitted six months after the fiscal year had ended and only after auditor inquiry during fieldwork. Quarterly reports for agreement no. CNMI22027 were prepared and submitted eight months after the fiscal year had ended and after fieldwork was completed. Cause: CPA lacks internal controls over compliance with applicable reporting requirements. CPA failed to timely request for its subrecipient agreement from the CNMI Government after the funds were disbursed to them in FY 2021. Effect: CPA is in noncompliance with applicable reporting requirements. No questioned cost is reported as we are unable to quantify the extent of noncompliance. Recommendation: CPA should establish and implement internal controls over compliance with applicable reporting requirements. Prior to expending federal funds from a pass-through entity, responsible personnel should obtain and read the terms and conditions of the subrecipient agreement. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-003 Federal Agency: U.S. Department of Transportation Assistance Listings Program: 20.106 Airport Improvement Program Award Numbers: All AIP Grants Area: Equipment and Real Property Management Questioned Costs: $-0- Criteria: In accordance with applicable equipment and real property management requirements, a State must use, manage and dispose of equipment acquired under a Federal award by the State in accordance with State laws and procedures. (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, and 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 of the property; (2) A physical inventory of the property must be taken and the results reconciled with the property records annually. Condition: Tests of equipment and real property noted the following: 1. CPA performed a capital assets inventory during fiscal year 2022. Based on controls testing, a reconciliation was performed at the department level; however, it was not reconciled with accounting records, resulting in $1,824,424 that were identified as not program assets. Total fixed asset additions capitalized and related to CPA?s major program, is as follows: See Schedule of Findings and Questioned Costs for chart/table 2. The fixed assets schedule did not include information such as who holds title and the use of the assets. Of nine items (or 10%) tested of a total population of eighty-nine FAA-funded capital assets, we noted deficiencies, as follows: 3. One item (or 11%) has been unidentified, and management was not able to substantiate the existence of the actual fixed asset. It also has outlived its 20-year life expectancy. See Schedule of Findings and Questioned Costs for chart/table Cause: CPA lacks oversight responsibility and monitoring controls over compliance with equipment and real property management requirements. Effect: CPA is in noncompliance with applicable equipment and real property management requirements. No questioned costs are presented as we are unable to quantify the extent of noncompliance. Identification as a Repeat Finding: Finding 2021-002. Recommendation: CPA should reconcile the results of the annual physical inventory to the property records and ascertain that the acquisition costs of the individual assets agree to the records of accounting. Further, sufficient details should be included in the fixed assets subledger to specifically identify the individual assets. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.
Finding No.: 2022-004 Federal Agency: U.S. Department of the Treasury Pass-Through Entity: CNMI Government Assistance Listings Program: 21.027 Coronavirus State and Local Fiscal Recovery Funds Federal Award Nos.: CNMI22027 Area: Activities Allowed or Unallowed Questioned Costs: $20,000 Criteria: In accordance with 31 CFR Part 35 (Treasury?s Final Rule), recipients may use payments from Program funds to provide premium pay for essential workers if each eligible worker falls into one of three categories: 1) The worker?s pay is below the wage threshold, 2) the worker is not exempt from the FSLA overtime provisions, or 3) the recipient has submitted a written justification to Treasury (or to the pass-through entity). Essential worker is defined as those employees who face greater risk of exposure due to the pandemic and those workers who continue to bear the risk of maintaining the ongoing operation of vital facilities and services. Condition: Tests of twenty-five expenditures, aggregating $1,067,404 of a population of $1,962,016, noted that for four (or 16%), premium pay was paid to employees not deemed essential workers, as follows: "See Schedule of Findings and Questioned Costs for chart/table" Cause: CPA did not adhere to the essential worker requirements based on the Treasury?s Final Rule. Effect: CPA is in noncompliance with activities allowed or unallowed. Recommendation: Prior to expending federal funds from a pass-through entity, responsible personnel should read the terms and conditions of the subrecipient agreement and seek guidance, if necessary, on the use of the funds. Views of Responsible Officials: CPA?s Corrective Action Plan provides a detailed rationale for disagreement with this finding. Auditor response: When CPA received the subrecipient terms and conditions in May 2022, which included ??ensuring compliance with US Treasury?s rules and guidelines found in the Act and the Final Rule,? CPA should have reassessed the premium pay expenditures for compliance.
Finding No.: 2022-005 Federal Agency: U.S. Department of the Treasury Pass-Through Entity: CNMI Government Assistance Listings Program: 21.027 Coronavirus State and Local Fiscal Recovery Funds Federal Award Nos.: CNMI22028 and CNMI22027 Area: Reporting Questioned Costs: $-0- Criteria: Based on the subrecipient agreement from the CNMI Government as the pass-through entity, the subrecipient agrees to submit quarterly reports to the Department of Finance Office of the Secretary no later than fifteen (15) days following the end of the quarter. Condition: All FY 2022 quarterly reports for agreement no. CNMI22028 were prepared and submitted six months after the fiscal year had ended and only after auditor inquiry during fieldwork. Quarterly reports for agreement no. CNMI22027 were prepared and submitted eight months after the fiscal year had ended and after fieldwork was completed. Cause: CPA lacks internal controls over compliance with applicable reporting requirements. CPA failed to timely request for its subrecipient agreement from the CNMI Government after the funds were disbursed to them in FY 2021. Effect: CPA is in noncompliance with applicable reporting requirements. No questioned cost is reported as we are unable to quantify the extent of noncompliance. Recommendation: CPA should establish and implement internal controls over compliance with applicable reporting requirements. Prior to expending federal funds from a pass-through entity, responsible personnel should obtain and read the terms and conditions of the subrecipient agreement. Views of Responsible Officials: Management states agreement. Refer to separate Corrective Action Plan.