City of Montesano January 1, 2024 through December 31, 2024 2024-001 The City did not have adequate internal controls in place to ensure compliance with federal procurement requirements. Assistance Listing Number and Title: 20.205 – Highway Planning and Construction Federal Grantor Name: Federal Highway Administration Federal Award/Contract Number: N/A Pass-through Entity Name: Washington State Department of Transportation Pass-through Award/Contract Number: STUPUS-5189(001), TAPUS-5185(001), STBGUS-5189(001) Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background During fiscal year 2024, the City spent $1,608,480 in federal funding from the Federal Highway Administration through the Highway Planning and Construction program. This program gives funding to help state and local government agencies plan and develop an integrated, interconnected transportation system. The City used this funding for the Lake Sylvia Sidewalk – Phase 1, West Pioneer Avenue – Main to 4th, and West Pioneer 6th to 7th projects. Federal regulations require recipients to establish, document and maintain effective internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Federal regulations require recipients to follow their own documented procurement procedures, which must conform to the Uniform Guidance procurement standards found in 2 CFR 200.318-327. The procedures must reflect the most restrictive of federal, state or local procurement thresholds and methods when using federal funds. Additionally, federal regulations require recipients to maintain written standards of conduct that cover conflicts of interest and govern the actions of employees involved in selecting, awarding or administrating contracts procured with federal funds. Description of Condition Our audit found the City did not have adequate internal controls for ensuring compliance with federal procurement requirements. The City did not have a procurement policy to ensure compliance with federal requirements. Furthermore, the City’s standards of conduct policy covering conflicts of interest for employees or agents who award contracts did not include all elements federal regulations require. We consider this deficiency in internal controls to be a significant deficiency. Cause of Condition The City relied on the Washington State Department of Transportation’s Local Agency Guidelines (LAG) Manual. The City was required to follow these guidelines under the award’s terms and conditions. Staff were unaware of the requirement to have their own written policies and procedures over procurement and standards of conduct covering conflicts of interest for employees and agents. Effect of Condition Without written policies and procedures, the City is at a higher risk of not complying with following the most restrictive of federal, state or local procurement methods and standards of conduct requirements when using federal funds to procure contractors. Although the City did not have policies over procurement in place, it followed the procurement requirements in the Washington State Department of Transportation’s LAG Manual and properly procured the contractor for the projects we reviewed. Recommendation We recommend the City strengthen its internal controls to ensure required policies and procedures are in place when procuring with federal funds, as required by Uniform Guidance. City’s Response The City appreciates the auditor’s review of our use of federal funds under the Highway Planning and Construction program. We respectfully disagree with the characterization of this issue as a significant deficiency in internal controls. As a Non-Certified Acceptance (Non-CA) agency, the City of Montesano is required to administer federal projects under the direct supervision of the Washington State Department of Transportation (WSDOT) Local Programs. The Project Administration Agreement for the West Pioneer Avenue – Main to 4th project (and similar agreements for other federally funded projects) makes clear that the City cannot proceed with procurement, contract award, right-of-way, or construction actions without concurrence and approval from the WSDOT Local Programs Engineer. Specifically, the agreement requires WSDOT approval for: • Consultant solicitation, advertisement, and selection; • Concurrence of consultant agreements and supplements; • Review and concurrence of contract plans, specifications, and estimates; • Approval of bid advertisements and addenda; • Concurrence before contract award to the lowest responsive bidder; and • Authorization of change orders during construction. This framework provides multiple layers of review and documentation, ensuring that the City’s procurements comply with federal, state, and local requirements. WSDOT Local Programs concurred with all procurements related to the projects reviewed, confirming compliance with FHWA and Uniform Guidance procurement standards. While the City did not maintain a stand-alone written procurement policy or conflict-of-interest policy that restated these federal provisions, the City’s reliance on the WSDOT oversight structure and Local Agency Guidelines ensured effective internal controls. The audit itself confirmed that the City’s contractors were properly procured under applicable rules. Auditor’s Remarks We thank the City for its cooperation throughout the audit and the steps it is taking to address these concerns. We will review the status of the District’s corrective action during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR Part 200, Uniform Guidance, section 318, General procurement standards, establishes requirements for written procedures. Title 2 CFR Part 200, Uniform Guidance, section 320, Methods of procurement to be followed, establishes requirements for procuring goods and services, including noncompetitive procurement.
City of Montesano January 1, 2024 through December 31, 2024 2024-001 The City did not have adequate internal controls in place to ensure compliance with federal procurement requirements. Assistance Listing Number and Title: 20.205 – Highway Planning and Construction Federal Grantor Name: Federal Highway Administration Federal Award/Contract Number: N/A Pass-through Entity Name: Washington State Department of Transportation Pass-through Award/Contract Number: STUPUS-5189(001), TAPUS-5185(001), STBGUS-5189(001) Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background During fiscal year 2024, the City spent $1,608,480 in federal funding from the Federal Highway Administration through the Highway Planning and Construction program. This program gives funding to help state and local government agencies plan and develop an integrated, interconnected transportation system. The City used this funding for the Lake Sylvia Sidewalk – Phase 1, West Pioneer Avenue – Main to 4th, and West Pioneer 6th to 7th projects. Federal regulations require recipients to establish, document and maintain effective internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Federal regulations require recipients to follow their own documented procurement procedures, which must conform to the Uniform Guidance procurement standards found in 2 CFR 200.318-327. The procedures must reflect the most restrictive of federal, state or local procurement thresholds and methods when using federal funds. Additionally, federal regulations require recipients to maintain written standards of conduct that cover conflicts of interest and govern the actions of employees involved in selecting, awarding or administrating contracts procured with federal funds. Description of Condition Our audit found the City did not have adequate internal controls for ensuring compliance with federal procurement requirements. The City did not have a procurement policy to ensure compliance with federal requirements. Furthermore, the City’s standards of conduct policy covering conflicts of interest for employees or agents who award contracts did not include all elements federal regulations require. We consider this deficiency in internal controls to be a significant deficiency. Cause of Condition The City relied on the Washington State Department of Transportation’s Local Agency Guidelines (LAG) Manual. The City was required to follow these guidelines under the award’s terms and conditions. Staff were unaware of the requirement to have their own written policies and procedures over procurement and standards of conduct covering conflicts of interest for employees and agents. Effect of Condition Without written policies and procedures, the City is at a higher risk of not complying with following the most restrictive of federal, state or local procurement methods and standards of conduct requirements when using federal funds to procure contractors. Although the City did not have policies over procurement in place, it followed the procurement requirements in the Washington State Department of Transportation’s LAG Manual and properly procured the contractor for the projects we reviewed. Recommendation We recommend the City strengthen its internal controls to ensure required policies and procedures are in place when procuring with federal funds, as required by Uniform Guidance. City’s Response The City appreciates the auditor’s review of our use of federal funds under the Highway Planning and Construction program. We respectfully disagree with the characterization of this issue as a significant deficiency in internal controls. As a Non-Certified Acceptance (Non-CA) agency, the City of Montesano is required to administer federal projects under the direct supervision of the Washington State Department of Transportation (WSDOT) Local Programs. The Project Administration Agreement for the West Pioneer Avenue – Main to 4th project (and similar agreements for other federally funded projects) makes clear that the City cannot proceed with procurement, contract award, right-of-way, or construction actions without concurrence and approval from the WSDOT Local Programs Engineer. Specifically, the agreement requires WSDOT approval for: • Consultant solicitation, advertisement, and selection; • Concurrence of consultant agreements and supplements; • Review and concurrence of contract plans, specifications, and estimates; • Approval of bid advertisements and addenda; • Concurrence before contract award to the lowest responsive bidder; and • Authorization of change orders during construction. This framework provides multiple layers of review and documentation, ensuring that the City’s procurements comply with federal, state, and local requirements. WSDOT Local Programs concurred with all procurements related to the projects reviewed, confirming compliance with FHWA and Uniform Guidance procurement standards. While the City did not maintain a stand-alone written procurement policy or conflict-of-interest policy that restated these federal provisions, the City’s reliance on the WSDOT oversight structure and Local Agency Guidelines ensured effective internal controls. The audit itself confirmed that the City’s contractors were properly procured under applicable rules. Auditor’s Remarks We thank the City for its cooperation throughout the audit and the steps it is taking to address these concerns. We will review the status of the District’s corrective action during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR Part 200, Uniform Guidance, section 318, General procurement standards, establishes requirements for written procedures. Title 2 CFR Part 200, Uniform Guidance, section 320, Methods of procurement to be followed, establishes requirements for procuring goods and services, including noncompetitive procurement.
City of Montesano January 1, 2024 through December 31, 2024 2024-001 The City did not have adequate internal controls in place to ensure compliance with federal procurement requirements. Assistance Listing Number and Title: 20.205 – Highway Planning and Construction Federal Grantor Name: Federal Highway Administration Federal Award/Contract Number: N/A Pass-through Entity Name: Washington State Department of Transportation Pass-through Award/Contract Number: STUPUS-5189(001), TAPUS-5185(001), STBGUS-5189(001) Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background During fiscal year 2024, the City spent $1,608,480 in federal funding from the Federal Highway Administration through the Highway Planning and Construction program. This program gives funding to help state and local government agencies plan and develop an integrated, interconnected transportation system. The City used this funding for the Lake Sylvia Sidewalk – Phase 1, West Pioneer Avenue – Main to 4th, and West Pioneer 6th to 7th projects. Federal regulations require recipients to establish, document and maintain effective internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Federal regulations require recipients to follow their own documented procurement procedures, which must conform to the Uniform Guidance procurement standards found in 2 CFR 200.318-327. The procedures must reflect the most restrictive of federal, state or local procurement thresholds and methods when using federal funds. Additionally, federal regulations require recipients to maintain written standards of conduct that cover conflicts of interest and govern the actions of employees involved in selecting, awarding or administrating contracts procured with federal funds. Description of Condition Our audit found the City did not have adequate internal controls for ensuring compliance with federal procurement requirements. The City did not have a procurement policy to ensure compliance with federal requirements. Furthermore, the City’s standards of conduct policy covering conflicts of interest for employees or agents who award contracts did not include all elements federal regulations require. We consider this deficiency in internal controls to be a significant deficiency. Cause of Condition The City relied on the Washington State Department of Transportation’s Local Agency Guidelines (LAG) Manual. The City was required to follow these guidelines under the award’s terms and conditions. Staff were unaware of the requirement to have their own written policies and procedures over procurement and standards of conduct covering conflicts of interest for employees and agents. Effect of Condition Without written policies and procedures, the City is at a higher risk of not complying with following the most restrictive of federal, state or local procurement methods and standards of conduct requirements when using federal funds to procure contractors. Although the City did not have policies over procurement in place, it followed the procurement requirements in the Washington State Department of Transportation’s LAG Manual and properly procured the contractor for the projects we reviewed. Recommendation We recommend the City strengthen its internal controls to ensure required policies and procedures are in place when procuring with federal funds, as required by Uniform Guidance. City’s Response The City appreciates the auditor’s review of our use of federal funds under the Highway Planning and Construction program. We respectfully disagree with the characterization of this issue as a significant deficiency in internal controls. As a Non-Certified Acceptance (Non-CA) agency, the City of Montesano is required to administer federal projects under the direct supervision of the Washington State Department of Transportation (WSDOT) Local Programs. The Project Administration Agreement for the West Pioneer Avenue – Main to 4th project (and similar agreements for other federally funded projects) makes clear that the City cannot proceed with procurement, contract award, right-of-way, or construction actions without concurrence and approval from the WSDOT Local Programs Engineer. Specifically, the agreement requires WSDOT approval for: • Consultant solicitation, advertisement, and selection; • Concurrence of consultant agreements and supplements; • Review and concurrence of contract plans, specifications, and estimates; • Approval of bid advertisements and addenda; • Concurrence before contract award to the lowest responsive bidder; and • Authorization of change orders during construction. This framework provides multiple layers of review and documentation, ensuring that the City’s procurements comply with federal, state, and local requirements. WSDOT Local Programs concurred with all procurements related to the projects reviewed, confirming compliance with FHWA and Uniform Guidance procurement standards. While the City did not maintain a stand-alone written procurement policy or conflict-of-interest policy that restated these federal provisions, the City’s reliance on the WSDOT oversight structure and Local Agency Guidelines ensured effective internal controls. The audit itself confirmed that the City’s contractors were properly procured under applicable rules. Auditor’s Remarks We thank the City for its cooperation throughout the audit and the steps it is taking to address these concerns. We will review the status of the District’s corrective action during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR Part 200, Uniform Guidance, section 318, General procurement standards, establishes requirements for written procedures. Title 2 CFR Part 200, Uniform Guidance, section 320, Methods of procurement to be followed, establishes requirements for procuring goods and services, including noncompetitive procurement.