Audit 368100

Criteria Per 2 CFR Part 200, Appendix II, non-Federal entities must include specific provisions in all contracts made under federal awards. Conditions Our audit procedures identified that clauses required by the Uniform Guidance, and other award-specific procurement requirements, were not included in executed contract documents associated with a federally funded project. Population of Items Tested One contract was selected for detailed review. The following required clauses were not included in the executed contract: The contract did not contain language required by 2 CFR Part 200, Appendix II(G) concerning compliance with the Clean Air Act and the Federal Water Pollution Control Act. The contract did not contain language addressing specific federal compliance requirements outlined in the Loan Agreement with the Illinois Environmental Protection Agency, including: The Americans with Disabilities Act of 1990, as amended (42 USC 12101); Restrictions on Lobbying per 40 CFR Part 34; Immigration and Naturalization Service Employment Eligibility Verification (I-9 Forms); Section 504 of the Rehabilitation Act of 1973; Title VI of the Civil Rights Act of 1964; Archaelogical and Historic Preservation Act (Pub. L. 113-287, 54 USC 312501-312508); and Native American Graves Protection and Repatriation Act (NAGPRA) (Pub. L. 101-601, 25 USC 3001-3013). Causes of Conditions Management did not ensure that all federally required and award-specific contract provisions were incorporated into the final executed agreement with the contractor. Effects of Conditions The executed contract associated with a federally funded project was not fully compliant with 2 CFR Part 200 and the applicable loan agreement. As a result, the District entered into a binding agreement that did not include all federally and state grantor required provisions, limiting enforceability of certain federal and state compliance obligations. Auditor's Recommendations Management should develop and implement and federal procurement compliance checklist to be used during contract drafting and execution to ensure all required clauses are included in contracts funded by federal awards. Contracts should be reviewed by a knowledgeable member of management or legal counsel familiar with 2 CFR Part 200 and any award-specific agreements before execution. Where deficiencies in prior contracts are identified, management should consider executing contract amendments to retroactively include the required federal language, as appropriate and allowable by law. View of Responsible Official Management of the District will take measures to ensure compliance with the finding noted above.