Finding Number: 2023-004
Prior Year Finding: 2022-004
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Procurement
Type of Finding: Material Weakness in Internal Control over Compliance, Material Noncompliance
Criteria or Specific Requirement:
Control: Per 2 CFR Section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should comply 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).
Compliance: Per 2 CFR section 200.318, a non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward.
Per 2 CFR section 200.319, all procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320.
Per the Town’s purchasing policy, goods or services costing $10,000 or more must be purchased from the lowest responsive bidder meeting specifications after advertising for bids.
Condition/Context: The Town failed to provide documentation supporting compliance with required procurement processes for goods or services exceeding $10,000 for four out of six vendors tested. This includes a lack of evidence on how these vendors were selected and whether the procurement process ensured full and open competition. Additionally, two vendors utilized by the police department did not undergo the general bidding process.
Questioned Costs: Unknown.
Cause: The Town’s internal controls were not sufficient to ensure that procurement policies were followed for purchases made for the program.
Effect: Failure to adhere to procurement policies and procedures may result in obtaining goods or services under terms that are not in the best interest of the federal program.
Repeat Finding: The finding is a repeat of a finding in the immediately prior year. Prior year finding number was 2022-04.
Recommendation: The Town should review and enhance controls and procedures to ensure that it follows procurement policy for all goods and services charged to the program and should ensure that all departments are subject to applicable controls, policies and procedures.
Views of Responsible Officials: Management agrees with the finding.
Finding Number: 2023-005
Prior Year Finding: 2022-005
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Suspension and Debarment
Type of Finding Material Weakness in Internal Control over Compliance
Criteria or Specific Requirement: Control – Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-Federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should comply with the 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).
Condition/Context: The Town did not determine the suspension and debarment status of four out of five vendors tested with expenditures exceeding $25,000 as required by federal regulations.
Questioned Costs: There are no questioned costs related to this finding as the vendor was not federally suspended or debarred.
Cause: The Town’s internal controls were not sufficient to ensure federal suspension and debarment regulations were followed for purchases made for the program.
Effect: Failure to adhere to suspension and debarment requirements may result in the Town entering into a contract or purchase with a vendor that is suspended or debarred and not authorized to provide goods and services to the program.
Repeat Finding: The finding is a repeat of a finding in the immediately prior year. Prior year finding number was 2022-05.
Recommendation: We recommend that the Town enhance its procedures and internal controls to ensure that it verifies vendors are not suspended or debarred from business prior to all goods and services charged to the program. The Town should retain documentation of procurement suspension/debarment status verifications for its vendors audit purposes.
Views of Responsible Officials: Management agrees with the finding.
Finding Number: 2023-006
Prior Year Finding: No
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Reporting
Type of Finding Significant Deficiency in Internal Control over Compliance, Other Matters
Criteria or Specific Requirement: Control – Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-Federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should comply with the 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).
Compliance: Per the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds, non-entitlement units are required to submit a project and expenditure report for the period ending March 31, 2022 no later than April 30, 2022 and then quarterly thereafter.
Condition/Context: The town reported a revenue replacement summary amount of $2,336,349 in their quarterly SLFRF Compliance Report. Additionally, $35,927.66 was identified under various projects in the quarterly reports under the revenue replacement project expenditure category. However, the town did not have any expenditures during the fiscal year applicable to the standard $10,000,000 revenue replacement allocation. The expenditures related to the $35,927.66 amount were applicable to infrastructure projects. As such, both the project expenditure categories identified as “revenue replacement” and the revenue replacement summary were reported incorrectly.
Questioned Costs: None noted.
Cause: The Town’s procedures and internal controls were not sufficient to ensure that reports were filed accurately.
Effect: The quarterly performance report was not filed accurately which could impact the Federal agency’s ability to monitor the program.
Recommendation: The Town should review and enhance its reporting procedures and controls to ensure that quarterly performance reports are submitted with correct totals including those totals related to revenue replacement.
Views of Responsible Officials: Management agrees with the finding.
Finding Number: 2023-004
Prior Year Finding: 2022-004
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Procurement
Type of Finding: Material Weakness in Internal Control over Compliance, Material Noncompliance
Criteria or Specific Requirement:
Control: Per 2 CFR Section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should comply 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).
Compliance: Per 2 CFR section 200.318, a non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward.
Per 2 CFR section 200.319, all procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320.
Per the Town’s purchasing policy, goods or services costing $10,000 or more must be purchased from the lowest responsive bidder meeting specifications after advertising for bids.
Condition/Context: The Town failed to provide documentation supporting compliance with required procurement processes for goods or services exceeding $10,000 for four out of six vendors tested. This includes a lack of evidence on how these vendors were selected and whether the procurement process ensured full and open competition. Additionally, two vendors utilized by the police department did not undergo the general bidding process.
Questioned Costs: Unknown.
Cause: The Town’s internal controls were not sufficient to ensure that procurement policies were followed for purchases made for the program.
Effect: Failure to adhere to procurement policies and procedures may result in obtaining goods or services under terms that are not in the best interest of the federal program.
Repeat Finding: The finding is a repeat of a finding in the immediately prior year. Prior year finding number was 2022-04.
Recommendation: The Town should review and enhance controls and procedures to ensure that it follows procurement policy for all goods and services charged to the program and should ensure that all departments are subject to applicable controls, policies and procedures.
Views of Responsible Officials: Management agrees with the finding.
Finding Number: 2023-005
Prior Year Finding: 2022-005
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Suspension and Debarment
Type of Finding Material Weakness in Internal Control over Compliance
Criteria or Specific Requirement: Control – Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-Federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should comply with the 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).
Condition/Context: The Town did not determine the suspension and debarment status of four out of five vendors tested with expenditures exceeding $25,000 as required by federal regulations.
Questioned Costs: There are no questioned costs related to this finding as the vendor was not federally suspended or debarred.
Cause: The Town’s internal controls were not sufficient to ensure federal suspension and debarment regulations were followed for purchases made for the program.
Effect: Failure to adhere to suspension and debarment requirements may result in the Town entering into a contract or purchase with a vendor that is suspended or debarred and not authorized to provide goods and services to the program.
Repeat Finding: The finding is a repeat of a finding in the immediately prior year. Prior year finding number was 2022-05.
Recommendation: We recommend that the Town enhance its procedures and internal controls to ensure that it verifies vendors are not suspended or debarred from business prior to all goods and services charged to the program. The Town should retain documentation of procurement suspension/debarment status verifications for its vendors audit purposes.
Views of Responsible Officials: Management agrees with the finding.
Finding Number: 2023-006
Prior Year Finding: No
Federal Agency: U.S. Department of Treasury
Federal Program: COVID 19 – Coronavirus State and Local Fiscal Relief Fund
Assistance Listing: 21.027
Pass-Through Entity: Maryland Department of Housing and Community Development
Pass-Through Award Number and Period: (7/1/2022 – 6/30/2023)
Compliance Requirement: Reporting
Type of Finding Significant Deficiency in Internal Control over Compliance, Other Matters
Criteria or Specific Requirement: Control – Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-Federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should comply with the 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).
Compliance: Per the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds, non-entitlement units are required to submit a project and expenditure report for the period ending March 31, 2022 no later than April 30, 2022 and then quarterly thereafter.
Condition/Context: The town reported a revenue replacement summary amount of $2,336,349 in their quarterly SLFRF Compliance Report. Additionally, $35,927.66 was identified under various projects in the quarterly reports under the revenue replacement project expenditure category. However, the town did not have any expenditures during the fiscal year applicable to the standard $10,000,000 revenue replacement allocation. The expenditures related to the $35,927.66 amount were applicable to infrastructure projects. As such, both the project expenditure categories identified as “revenue replacement” and the revenue replacement summary were reported incorrectly.
Questioned Costs: None noted.
Cause: The Town’s procedures and internal controls were not sufficient to ensure that reports were filed accurately.
Effect: The quarterly performance report was not filed accurately which could impact the Federal agency’s ability to monitor the program.
Recommendation: The Town should review and enhance its reporting procedures and controls to ensure that quarterly performance reports are submitted with correct totals including those totals related to revenue replacement.
Views of Responsible Officials: Management agrees with the finding.