Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: Per 2 CFR 200.305(b)8, a payment must not be made to a recipient or subrecipient for amounts that the recipient or subrecipient withholds from contractors to assure satisfactory completion of work. Payment must be made when the recipient or subrecipient disburses the withheld funds to the contractors or to escrow accounts established to ensure satisfactory completion of work.
Questioned Costs: None
Condition/Context: Four of sixty general disbursements tested were related to retainage payable. These expenditures were not paid during the fiscal year and therefore should not be reported on the SEFA.
Cause: The Commission did not have proper policies and procedures in place to ensure the SEFA is prepared in accordance with Uniform Grant Guidance.
Effect: The Commission could overstate federal expenditures on the SEFA.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission establish policies and procedures over internal controls to ensure review and approval of SEFA preparation.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: When a nonfederal entity enters into a covered transaction with an entity at a lower tier, the nonfederal entity must verify that the entity, as defined in 2 CFR Section 180.995 and agency adopting regulations, is not suspended or debarred or otherwise excluded from participating in the transaction.
Questioned Costs: None
Condition/Context: Three of five vendors tested did not have proper documentation maintained to support suspension and debarment verification was performed prior to them being paid with federal funds. Per SAM.gov, there was no history of the vendor being suspended or debarred.
Cause: The Commission’s policies and procedures did not require documentation be maintained to verify vendors are not suspended or debarred prior to paying with Federal grant funds.
Effect: The Commission could make a disbursement to a vendor that is suspended or debarred.
Repeat Finding: This is a repeat finding.
Recommendation: We recommend the Commission continue with the policies and procedures now established and require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Material Weakness in Internal Control Over Compliance, Material Non-Compliance
Criteria or Specific Requirement: Per §200.319 and §200.320, 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. Per §200.320, there are specific circumstances in which noncompetitive procurement can be used. Per §200.320, formal procurement methods must be used on procurements exceeding $250,000.
Questioned Costs: Unknown
Condition/Context: Two of five vendors tested did not have the proper documentation maintained to support that the non-competitive procurement method used was appropriate under the circumstances. Three of five vendors tested did not follow the appropriate procurement method given the dollar value of expenditures paid to the vendor.
Cause: At the time of grant inception, the non-compliance was primarily due to a lack of awareness and training among staff regarding the procurement policy requirements.
Effect: The failure to follow proper procurement procedures increases the risk of favoritism, fraud, and inefficient use of resources.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission continue to follow the procurement policy and procedures now established and provide comprehensive training to all relevant staff on procurement policies and procedures.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: Per 2 CFR 200.305(b)8, a payment must not be made to a recipient or subrecipient for amounts that the recipient or subrecipient withholds from contractors to assure satisfactory completion of work. Payment must be made when the recipient or subrecipient disburses the withheld funds to the contractors or to escrow accounts established to ensure satisfactory completion of work.
Questioned Costs: None
Condition/Context: Four of sixty general disbursements tested were related to retainage payable. These expenditures were not paid during the fiscal year and therefore should not be reported on the SEFA.
Cause: The Commission did not have proper policies and procedures in place to ensure the SEFA is prepared in accordance with Uniform Grant Guidance.
Effect: The Commission could overstate federal expenditures on the SEFA.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission establish policies and procedures over internal controls to ensure review and approval of SEFA preparation.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: When a nonfederal entity enters into a covered transaction with an entity at a lower tier, the nonfederal entity must verify that the entity, as defined in 2 CFR Section 180.995 and agency adopting regulations, is not suspended or debarred or otherwise excluded from participating in the transaction.
Questioned Costs: None
Condition/Context: Three of five vendors tested did not have proper documentation maintained to support suspension and debarment verification was performed prior to them being paid with federal funds. Per SAM.gov, there was no history of the vendor being suspended or debarred.
Cause: The Commission’s policies and procedures did not require documentation be maintained to verify vendors are not suspended or debarred prior to paying with Federal grant funds.
Effect: The Commission could make a disbursement to a vendor that is suspended or debarred.
Repeat Finding: This is a repeat finding.
Recommendation: We recommend the Commission continue with the policies and procedures now established and require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Material Weakness in Internal Control Over Compliance, Material Non-Compliance
Criteria or Specific Requirement: Per §200.319 and §200.320, 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. Per §200.320, there are specific circumstances in which noncompetitive procurement can be used. Per §200.320, formal procurement methods must be used on procurements exceeding $250,000.
Questioned Costs: Unknown
Condition/Context: Two of five vendors tested did not have the proper documentation maintained to support that the non-competitive procurement method used was appropriate under the circumstances. Three of five vendors tested did not follow the appropriate procurement method given the dollar value of expenditures paid to the vendor.
Cause: At the time of grant inception, the non-compliance was primarily due to a lack of awareness and training among staff regarding the procurement policy requirements.
Effect: The failure to follow proper procurement procedures increases the risk of favoritism, fraud, and inefficient use of resources.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission continue to follow the procurement policy and procedures now established and provide comprehensive training to all relevant staff on procurement policies and procedures.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: Per 2 CFR 200.305(b)8, a payment must not be made to a recipient or subrecipient for amounts that the recipient or subrecipient withholds from contractors to assure satisfactory completion of work. Payment must be made when the recipient or subrecipient disburses the withheld funds to the contractors or to escrow accounts established to ensure satisfactory completion of work.
Questioned Costs: None
Condition/Context: Four of sixty general disbursements tested were related to retainage payable. These expenditures were not paid during the fiscal year and therefore should not be reported on the SEFA.
Cause: The Commission did not have proper policies and procedures in place to ensure the SEFA is prepared in accordance with Uniform Grant Guidance.
Effect: The Commission could overstate federal expenditures on the SEFA.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission establish policies and procedures over internal controls to ensure review and approval of SEFA preparation.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: When a nonfederal entity enters into a covered transaction with an entity at a lower tier, the nonfederal entity must verify that the entity, as defined in 2 CFR Section 180.995 and agency adopting regulations, is not suspended or debarred or otherwise excluded from participating in the transaction.
Questioned Costs: None
Condition/Context: Three of five vendors tested did not have proper documentation maintained to support suspension and debarment verification was performed prior to them being paid with federal funds. Per SAM.gov, there was no history of the vendor being suspended or debarred.
Cause: The Commission’s policies and procedures did not require documentation be maintained to verify vendors are not suspended or debarred prior to paying with Federal grant funds.
Effect: The Commission could make a disbursement to a vendor that is suspended or debarred.
Repeat Finding: This is a repeat finding.
Recommendation: We recommend the Commission continue with the policies and procedures now established and require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Material Weakness in Internal Control Over Compliance, Material Non-Compliance
Criteria or Specific Requirement: Per §200.319 and §200.320, 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. Per §200.320, there are specific circumstances in which noncompetitive procurement can be used. Per §200.320, formal procurement methods must be used on procurements exceeding $250,000.
Questioned Costs: Unknown
Condition/Context: Two of five vendors tested did not have the proper documentation maintained to support that the non-competitive procurement method used was appropriate under the circumstances. Three of five vendors tested did not follow the appropriate procurement method given the dollar value of expenditures paid to the vendor.
Cause: At the time of grant inception, the non-compliance was primarily due to a lack of awareness and training among staff regarding the procurement policy requirements.
Effect: The failure to follow proper procurement procedures increases the risk of favoritism, fraud, and inefficient use of resources.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission continue to follow the procurement policy and procedures now established and provide comprehensive training to all relevant staff on procurement policies and procedures.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: Per 2 CFR 200.305(b)8, a payment must not be made to a recipient or subrecipient for amounts that the recipient or subrecipient withholds from contractors to assure satisfactory completion of work. Payment must be made when the recipient or subrecipient disburses the withheld funds to the contractors or to escrow accounts established to ensure satisfactory completion of work.
Questioned Costs: None
Condition/Context: Four of sixty general disbursements tested were related to retainage payable. These expenditures were not paid during the fiscal year and therefore should not be reported on the SEFA.
Cause: The Commission did not have proper policies and procedures in place to ensure the SEFA is prepared in accordance with Uniform Grant Guidance.
Effect: The Commission could overstate federal expenditures on the SEFA.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission establish policies and procedures over internal controls to ensure review and approval of SEFA preparation.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of the Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Significant Deficiency in Internal Control over Compliance
Criteria or Specific Requirement: When a nonfederal entity enters into a covered transaction with an entity at a lower tier, the nonfederal entity must verify that the entity, as defined in 2 CFR Section 180.995 and agency adopting regulations, is not suspended or debarred or otherwise excluded from participating in the transaction.
Questioned Costs: None
Condition/Context: Three of five vendors tested did not have proper documentation maintained to support suspension and debarment verification was performed prior to them being paid with federal funds. Per SAM.gov, there was no history of the vendor being suspended or debarred.
Cause: The Commission’s policies and procedures did not require documentation be maintained to verify vendors are not suspended or debarred prior to paying with Federal grant funds.
Effect: The Commission could make a disbursement to a vendor that is suspended or debarred.
Repeat Finding: This is a repeat finding.
Recommendation: We recommend the Commission continue with the policies and procedures now established and require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds.
Views of Responsible Officials: Management agrees with the finding.
Federal Agency: U.S. Department of Treasury
Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
Federal Award Identification Number and Year: MD-0044 and 2021
Award Period: March 11, 2021 through December 31, 2024, liquidated by December 31, 2026
Type of Finding: Material Weakness in Internal Control Over Compliance, Material Non-Compliance
Criteria or Specific Requirement: Per §200.319 and §200.320, 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. Per §200.320, there are specific circumstances in which noncompetitive procurement can be used. Per §200.320, formal procurement methods must be used on procurements exceeding $250,000.
Questioned Costs: Unknown
Condition/Context: Two of five vendors tested did not have the proper documentation maintained to support that the non-competitive procurement method used was appropriate under the circumstances. Three of five vendors tested did not follow the appropriate procurement method given the dollar value of expenditures paid to the vendor.
Cause: At the time of grant inception, the non-compliance was primarily due to a lack of awareness and training among staff regarding the procurement policy requirements.
Effect: The failure to follow proper procurement procedures increases the risk of favoritism, fraud, and inefficient use of resources.
Repeat Finding: This is not a repeat finding.
Recommendation: We recommend the Commission continue to follow the procurement policy and procedures now established and provide comprehensive training to all relevant staff on procurement policies and procedures.
Views of Responsible Officials: Management agrees with the finding.