Audit 373671

FY End
2023-09-30
Total Expended
$14.43M
Findings
7
Programs
7
Year: 2023 Accepted: 2025-12-09

Organization Exclusion Status:

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Findings

ID Ref Severity Repeat Requirement
1164292 2023-002 Material Weakness Yes J
1164293 2023-002 Material Weakness Yes J
1164294 2023-002 Material Weakness Yes J
1164295 2023-002 Material Weakness Yes J
1164296 2023-002 Material Weakness Yes J
1164297 2023-002 Material Weakness Yes J
1164298 2023-002 Material Weakness Yes J

Contacts

Name Title Type
GHRFE15TLXS3 Betty Auditee
6706644282 David Burger Auditor
No contacts on file

Notes to SEFA

The Commonwealth Utilities Corporation (CUC) is a component unit of the Commonwealth of the Northern Mariana Islands (CNMI) Government and was established as a public corporation by CNMI Public Law 4-47, as amended and has the powers of a body corporate, as defined in the act and local statutes. Only the transactions of CUC are included within the scope of the Single Audit.
The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal award activity of CUC under programs of the federal government for the year ended September 30, 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 of the operations of CUC, it is not intended to and does not present the financial position, changes in net position or cash flows of CUC.
Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting, consistent with the manner in which CUC maintains its accounting records. All expenses and capital outlays are reported as expenditures. 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. Pass-through entity identifying numbers are presented where available. CUC recognizes contributions from the federal government when qualifying expenditures are incurred. Indirect Costs CUC does not have an indirect cost negotiation agreement and does not elect to use the de-minimis indirect cost rate allowed under the Uniform Guidance. Matching Costs The 10 percent non-federal share of ALN 97.036 with other grant identifier number FEMA-4235-DR-MP is not included in the accompanying Schedule of Expenditures of Federal Awards. The 25 percent non-federal share of ALN 97.036 with other grant identifier number FEMA-4396-DR-MP is not included in the accompanying Schedule of Expenditures of Federal Awards. The 10 percent non-federal share of ALN 97.036 with other grant identifier number FEMA-4404-DR-MP is not included in the accompanying Schedule of Expenditures of Federal Awards. The 20 percent non-federal share of ALN 11.307 is not included in the accompanying Schedule of Expenditures of Federal Awards.
Grants from the Federal Emergency Management Agency (FEMA), particularly those under the Disaster Grants - Public Assistance (Presidentially Declared Disasters) program, are typically not available at the onset of a disaster, as eligibility is contingent upon a presidential disaster declaration. CUC has a responsibility to safeguard and restore its fixed assets in the event of a disaster, regardless of grant eligibility. As such, CUC proceeded with necessary expenditures and later applied for FEMA assistance. The funds were received as reimbursements for costs already incurred. Although the reimbursement did not represent a current-year expenditure, it was included in the Schedule to ensure consistency with the disbursed federal funds and to facilitate tracking by the cognizant agency.

Finding Details

Federal Agency: U. S. Department of Treasury AL No.: 21.027 Program Title: Coronavirus State and Local Fiscal Recovery Funds Area: Reporting Repeat Finding from Prior Audit? No Questioned Cost: $0.00 Criteria: Pursuant to 2 CFR 200.328, recipients of federal grants must submit performance reports that document project progress. These reports should compare actual accomplishments to established goals, explain any delays, and outline corrective actions. For construction projects, additional reporting is required, including project schedules, completion percentages, quality control documentation, and related materials. Additionally, 31 CFR Section 35.4(c) mandates that recipients of federal funds submit periodic reports as required by the awarding agency. Recipients must maintain accurate records supporting financial and performance reports and provide additional information upon request to ensure compliance with federal requirements. As specified in the grant award, recipients must submit quarterly progress reports by the end of the month following each quarter. Condition: For all four quarters, CUC prepared the quarterly reports; however, no assurance was provided as to whether the reports were submitted on time. Cause: The inability to confirm the timely submission of the reports stems from a lack of internal processes or tracking mechanisms to ensure that reports are submitted by the required deadlines. There was no systematic follow-up or verification to ensure compliance with reporting deadlines. Effect: The failure to ensure the timely submission of quarterly reports impacts the federal agency’s ability to effectively monitor and assess the project’s progress. It also creates a risk of noncompliance with federal guidelines, which could lead to delays in funding, increased scrutiny from the awarding agency, and potential administrative penalties. Recommendation: CUC should implement the following corrective actions: 1. Establish and enforce internal controls to ensure the timely preparation and submission of monthly progress reports. 2. Assign responsibility to a designated compliance officer to monitor and verify compliance with reporting requirements. 3. Develop a tracking system to document the submission and review of reports. 4. Provide training to project managers and relevant personnel on reporting obligations under 2 CFR 200.328 and 31 CFR35.4(c). 5. Implement corrective action steps for future noncompliance, including escalation procedures for late or missing reports. Views of the Officials: CUC’s response is documented in the corrective action plan.