Audit 320659

FY End
2023-12-31
Total Expended
$13.12M
Findings
4
Programs
13
Year: 2023 Accepted: 2024-09-24
Auditor: Watts CPA PC

Organization Exclusion Status:

Checking exclusion status...

Findings

ID Ref Severity Repeat Requirement
497985 2023-001 Material Weakness Yes G
497986 2023-001 Material Weakness Yes G
1074427 2023-001 Material Weakness Yes G
1074428 2023-001 Material Weakness Yes G

Contacts

Name Title Type
CGDKSUBRTBN4 Eugenio Marin Auditee
4066725176 Brad Watts Auditor
No contacts on file

Notes to SEFA

Title: Note 4. Federally Funded Insurance Accounting Policies: Note 1. Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards (Schedule) includes the federal award activity of the Organization under programs of the federal government for the year ended December 31, 2023. 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 or the operations of the Organization, it is not intended to and does not present the financial position, changes in net position or cash flows of the Organization. Note 2. Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. 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. De Minimis Rate Used: N Rate Explanation: The Organization did not elect to use the allowed 10% indirect cost rate. The Organization has no federally funded insurance.
Title: Note 5. Endowments Accounting Policies: Note 1. Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards (Schedule) includes the federal award activity of the Organization under programs of the federal government for the year ended December 31, 2023. 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 or the operations of the Organization, it is not intended to and does not present the financial position, changes in net position or cash flows of the Organization. Note 2. Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. 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. De Minimis Rate Used: N Rate Explanation: The Organization did not elect to use the allowed 10% indirect cost rate. The Organization has the following endowments as of December 31, 2023: National Science Foundation Endowment $ 4,000,000 Original amount not yet expended Endowment earnings during 2023 $ 69,335 Amount expended during 2023. Expiration date: September 30, 2091 National Aeronautics and Space Administration Endowment $ 3,000,000 Original amount not yet expended Endowment earnings during 2023 $ 50,721 Amount expended during 2023. Expiration date: Not specified United States Department of Agriculture Endowment $ 1,900,000 Original amount not yet expended Endowment earnings during 2023 $ 33,038 Amount expended during 2023. Expiration date: 99 years, starting in 1993 Environmental Protection Agency Congressionally Mandated Projects Endowment $ 2,000,000 Original amount not yet expended Endowment earnings during 2023 $ 34,506 Amount expended during 2023. Expiration date: 99 years, starting in 1993

Finding Details

Compliance and IC over Compliance Assistance Listing Number 66.202 Environmental Protection Agency Endowment EPA Assistance Agreement ID Number: XP989490-01-0 Dated September 30, 1999 Criteria: Per the EPA Assistance Agreement Terms and Conditions "3. Upon receiving the grant award, the grantee will secure matching funds from the Mexican government." Condition Found: On September 26, 2011, the Organization obtained a match from the Instituto Mexicano de la Propiedad Industrial “IMPI” on behalf of the Mexican government. The match was in Mexican Peso equivalent of $5 million US Dollars based on that day’s exchange rates published on the date of the agreement by the Banco de Mexico in the Diario Oficial de la Federacion. During April 2020 IMPI notified the Organization that they will no longer provide the matching funds due to economic hardship related to covid 19. Context: The condition noted was identified as part of our review of federal awards. Effect: The Organization is in non-compliance with match requirements. Cause: IMPI will no longer match the funds due to economic hardship related to covid 19. Questioned Cost: None Recommendation: It is recommended the Organization seek additional contributions sourced within Mexico. In addition, the Organization should contact the federal awarding agency to discuss possible alternative resolutions to this finding. Views of Responsible Officials We filed a lawsuit in 2020 because the way IMPI withdrew from the agreement was illegal, which had a favorable outcome in late 2021. We filed a second lawsuit, that we also won, to enforce the previous lawsuit as the funds have not been reestablished. We expect this to be resolved by the end of March 2025.
Compliance and IC over Compliance Assistance Listing Number 66.202 Environmental Protection Agency Endowment EPA Assistance Agreement ID Number: XP989490-01-0 Dated September 30, 1999 Criteria: Per the EPA Assistance Agreement Terms and Conditions "3. Upon receiving the grant award, the grantee will secure matching funds from the Mexican government." Condition Found: On September 26, 2011, the Organization obtained a match from the Instituto Mexicano de la Propiedad Industrial “IMPI” on behalf of the Mexican government. The match was in Mexican Peso equivalent of $5 million US Dollars based on that day’s exchange rates published on the date of the agreement by the Banco de Mexico in the Diario Oficial de la Federacion. During April 2020 IMPI notified the Organization that they will no longer provide the matching funds due to economic hardship related to covid 19. Context: The condition noted was identified as part of our review of federal awards. Effect: The Organization is in non-compliance with match requirements. Cause: IMPI will no longer match the funds due to economic hardship related to covid 19. Questioned Cost: None Recommendation: It is recommended the Organization seek additional contributions sourced within Mexico. In addition, the Organization should contact the federal awarding agency to discuss possible alternative resolutions to this finding. Views of Responsible Officials We filed a lawsuit in 2020 because the way IMPI withdrew from the agreement was illegal, which had a favorable outcome in late 2021. We filed a second lawsuit, that we also won, to enforce the previous lawsuit as the funds have not been reestablished. We expect this to be resolved by the end of March 2025.
Compliance and IC over Compliance Assistance Listing Number 66.202 Environmental Protection Agency Endowment EPA Assistance Agreement ID Number: XP989490-01-0 Dated September 30, 1999 Criteria: Per the EPA Assistance Agreement Terms and Conditions "3. Upon receiving the grant award, the grantee will secure matching funds from the Mexican government." Condition Found: On September 26, 2011, the Organization obtained a match from the Instituto Mexicano de la Propiedad Industrial “IMPI” on behalf of the Mexican government. The match was in Mexican Peso equivalent of $5 million US Dollars based on that day’s exchange rates published on the date of the agreement by the Banco de Mexico in the Diario Oficial de la Federacion. During April 2020 IMPI notified the Organization that they will no longer provide the matching funds due to economic hardship related to covid 19. Context: The condition noted was identified as part of our review of federal awards. Effect: The Organization is in non-compliance with match requirements. Cause: IMPI will no longer match the funds due to economic hardship related to covid 19. Questioned Cost: None Recommendation: It is recommended the Organization seek additional contributions sourced within Mexico. In addition, the Organization should contact the federal awarding agency to discuss possible alternative resolutions to this finding. Views of Responsible Officials We filed a lawsuit in 2020 because the way IMPI withdrew from the agreement was illegal, which had a favorable outcome in late 2021. We filed a second lawsuit, that we also won, to enforce the previous lawsuit as the funds have not been reestablished. We expect this to be resolved by the end of March 2025.
Compliance and IC over Compliance Assistance Listing Number 66.202 Environmental Protection Agency Endowment EPA Assistance Agreement ID Number: XP989490-01-0 Dated September 30, 1999 Criteria: Per the EPA Assistance Agreement Terms and Conditions "3. Upon receiving the grant award, the grantee will secure matching funds from the Mexican government." Condition Found: On September 26, 2011, the Organization obtained a match from the Instituto Mexicano de la Propiedad Industrial “IMPI” on behalf of the Mexican government. The match was in Mexican Peso equivalent of $5 million US Dollars based on that day’s exchange rates published on the date of the agreement by the Banco de Mexico in the Diario Oficial de la Federacion. During April 2020 IMPI notified the Organization that they will no longer provide the matching funds due to economic hardship related to covid 19. Context: The condition noted was identified as part of our review of federal awards. Effect: The Organization is in non-compliance with match requirements. Cause: IMPI will no longer match the funds due to economic hardship related to covid 19. Questioned Cost: None Recommendation: It is recommended the Organization seek additional contributions sourced within Mexico. In addition, the Organization should contact the federal awarding agency to discuss possible alternative resolutions to this finding. Views of Responsible Officials We filed a lawsuit in 2020 because the way IMPI withdrew from the agreement was illegal, which had a favorable outcome in late 2021. We filed a second lawsuit, that we also won, to enforce the previous lawsuit as the funds have not been reestablished. We expect this to be resolved by the end of March 2025.