Audit 402648

FY End
2022-09-30
Total Expended
$32.70M
Findings
7
Programs
6
Organization: Virgin Islands Port Authority (VI)
Year: 2022 Accepted: 2026-05-29
Auditor: BDO USA PC

Organization Exclusion Status:

Checking exclusion status...

Findings

ID Ref Severity Repeat Requirement
1216167 2022-006 Material Weakness Yes L
1216168 2022-007 Material Weakness Yes F
1216169 2022-008 Material Weakness Yes L
1216170 2022-007 Material Weakness Yes F
1216171 2022-008 Material Weakness Yes L
1216172 2022-009 Material Weakness Yes L
1216173 2022-010 Material Weakness Yes L

Contacts

Name Title Type
T4ZRFC3WZ5M9 Anna Mauricia Penn Auditee
3407146622 Kurt Miller Auditor
No contacts on file

Notes to SEFA

The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal award activity of the Virgin Islands Port Authority (the Authority) under programs of the federal government for the year ended September 30, 2022. 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). Therefore, some amounts presented in this Schedule may differ from amounts presented in, or used in, the preparation of the basic financial statements. Further, because the Schedule presents only a selected portion of the operations of the Authority, it is not intended to, and does not present, the financial position, changes in net position, or cash flows of the Authority.
Basis of Accounting 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. Matching Costs Matching costs, the nonfederal share of certain program costs, are not included in the Schedule. Relationship to Federal Financial Reports The regulations and guidelines governing the preparation of Federal financial reports vary by Federal agency and among programs administered by the same agency. Accordingly, the amounts reported in the Federal financial reports do not necessarily agree with the amounts reported in the accompanying Schedule, which is prepared on the basis described above.
The Authority has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.
The Authority is subject to audit examination by funding sources to determine compliance with grant conditions. In the event that expenditures would be disallowed, repayment could be required. Management believes that the impact of any disallowed grant expenditures would not have a material adverse effect on the Authority’s financial position, changes in net position, or liquidity.
Airport and Marine Terminal Modernization In March 2024, the Authority’s Board of Governors selected a Public-Private Partnership (P3) partner, VIports Partners, to finance and redevelop the terminals at both Cyril E. King Airport and Henry E. Rohlsen Airport. The P3 partner will also enter into a transition agreement with the Authority to operate and maintain the terminals and airports. The Authority has also received several grant award appropriations from the Federal Aviation Administration (FAA), U.S. Economic Development Administration, U.S. Maritime Administration, and the Government of the U.S. Virgin Islands (the Government) of approximately $213.6 million. As of May 2026, the Authority has drawn a total of $92.6 million for additional modernization and construction projects. FAA Special Condition On June 4, 2025, the Authority received communication from the FAA regarding noncompliance with its requirement to submit annual audits within nine months from year-end. The noncompliance relates to the Authority’s delinquent fiscal year 2020 through 2023 annual audits and has resulted in the FAA imposing special conditions on the fiscal year 2025 grants. The special conditions stipulate that the FAA will not make payments on fiscal year 2025 grant reimbursement requests until the FAA has received all overdue audits. The Authority anticipates fiscal year 2025 grant awards totaling approximately $29.4 million. As of May 2026, although the FAA has issued the letter, it has not implemented the withholding of funds, and reimbursements have been paid upon submission. All fiscal year 2025 grants relate to projects in the Authority’s Capital Improvement Program and would not be used to fund operations. However, the Authority expects its ability to execute capital projects in a timely manner will be affected. The Authority intends to complete the outstanding audits as expeditiously as possible to minimize the impact on its grant-funded projects.

Finding Details

Finding Number: 2022-006 Prior Year Finding Number: 2021-006 Compliance Requirement: Reporting Program: U.S. Department of Commerce Economic Development Cluster ALN: 11.307 Award #: 01-01-14843, 01-01-14844 Award Year: 03/06/19 – 06/30/25 03/06/19 – 05/21/22 Criteria – Each non-Federal entity must file various financial, programmatic, and special reports. Additionally, the requirements necessitate that all submitted reports should be supported by the underlying performance records and presented in accordance with program requirements. Further, the Uniform Guidance in 2 CFR Section 200.303, Internal Controls, requires that non-federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Condition – We reviewed 8 (3 financial, 5 performance) out of the 14 reports (6 financial, 8 performance) required to be submitted during the fiscal year and noted the following: • 3 performance reports tested did not contain evidence of proper segregation of duties. The same individual prepared and reviewed each report. • 2 performance reports tested did not contain evidence of review prior to submission. Cause – It appears that policies and procedures, including review over reporting procedures, were not functioning as intended. Effect or Potential Effect – The lack of effective internal controls over compliance can potentially lead to the reporting of inaccurate or incomplete information to the Federal Government. Questioned Costs – None. Context – We tested a sample of 8 reports and found 5 exceptions, as noted in the condition. This is a condition identified per review of the Authority’s compliance with the specified requirements not using a statistically valid sample. Recommendation – We recommend that management implement procedures to ensure proper segregation of duties in the preparation and review of reports. Specifically, the individual responsible for preparing the report should not be the same person reviewing and approving it. Management should assign separate personnel for the preparation and independent review of all required reports and maintain documentation evidencing both roles. Views of Responsible Officials - The Authority concurs with the auditor’s findings and recommendations. The Authority will implement measures to ensure proper monitoring and review of the required reports by an appropriate official. The planned corrective actions are presented in the Authority’s Corrective Action Plan, which is attached as Appendix B.
Finding Number: 2022-007 Prior Year Finding Number: 2021-008 Compliance Requirement: Equipment and Real Property Management Program: U.S. Department of Transportation Airport Improvement Program ALN: 20.106 Award #: Various Award Year: Various Criteria – Per 2 CFR section 200.313, Equipment, property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and conditions of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Further, a physical inventory of equipment should be taken at least once every 2 years and reconciled to the equipment records along with the usage of an appropriate control system to safeguard and maintain equipment. Additionally, the Uniform Guidance in 2 CFR Section 200.303, Internal Controls, requires that non federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Condition – We noted that the Authority maintains an equipment listing for fixed assets purchased with federal funding. However, the Authority was unable to provide complete property records which met the stated requirements. Additionally, the Authority did not conduct a physical inventory count of equipment in the last two years. The most recent physical inventory count was performed during fiscal year 2017. Further, it does not appear that internal controls over compliance are operating at a level of precision to ensure compliance with the equipment management compliance requirements. Cause – The internal controls established for the records maintenance and physical inventory count did not fully operate as designed causing the Authority to fall out of compliance with the required timing of such physical inventory count. Effect or Potential Effect – There is a risk that inadequate monitoring of equipment could lead to misappropriation of assets and noncompliance with Federal regulations resulting in a return of Federal awards received. Questioned Costs – None. Context – This is a condition identified per review of the Authority’s compliance with the specified requirements. Recommendation – We recommend that the Authority improve internal controls to ensure adherence to Federal regulations related to equipment record maintenance and physical inventory counts. There should be timely coordination and communication among all departments responsible for handling and managing such assets. Views of Responsible Officials - The Authority concurs with the auditor’s findings and recommendations. The Authority recognizes the importance of maintaining accurate and complete property records for fixed assets purchased with federal funding. A complete fixed asset inventory was conducted in 2023 and is now performed annually. The planned corrective actions are presented in the Authority’s Corrective Action Plan, which is attached as Appendix B.
Finding Number: 2022-008 Prior Year Finding Number: 2021-009 Compliance Requirement: Reporting Program: U.S. Department of Transportation Airport Improvement Program ALN: 20.106 Award #: Various Award Year: Various Criteria – Each non-Federal entity must file various financial, programmatic, and special reports. Additionally, the requirements necessitate that all submitted reports should be supported by the underlying performance records and presented in accordance with program requirements. Further, the Uniform Guidance in 2 CFR Section 200.303, Internal Controls, requires that non-federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Condition – We reviewed 15 (10 financial and 5 performance) out of the 38 (23 financial and 15 performance) reports required to be submitted during the fiscal year and noted the following: • 4 performance reports and 1 financial report did not contain evidence of review and approval. • 1 performance report was not available for review. • 5 performance reports did not contain evidence of submission. • 1 financial report was not submitted in a timely manner (1,248 days late). Cause – It appears that policies and procedures, including review over reporting procedures, were not functioning as intended. Effect or Potential Effect – The Authority is not in compliance with the stated provisions and inaccurate information may have been reported to the Federal government. Failure to submit required reports could result in reduction or disallowance of Federal funding. Questioned Costs – None. Context – We tested a sample of 15 reports and found 12 exceptions as noted in the condition. This is a condition identified per review of the Authority’s compliance with the specified requirements not using a statistically valid sample. Recommendation – We recommend that the Authority reevaluate its policies and procedures to ensure proper monitoring and review of the required reports by an appropriate official who would ensure the information submitted is complete, accurate, consistent, and submitted within the required timeframe. Views of Responsible Officials - The Authority concurs with the auditor’s findings and recommendations. The Authority will implement measures to ensure proper monitoring and review of the required reports by an appropriate official. The planned corrective actions are presented in the Authority’s Corrective Action Plan, which is attached as Appendix B.
Finding Number: 2022-009 Prior Year Finding Number: 2021-011 Compliance Requirement: Reporting Program: U.S. Department of Transportation National Infrastructure Investments ALN: 20.933 Award #: DTMA91G1600010 Award Year: 02/01/2017 - 09/30/2024 Criteria – Each non-Federal entity must file various financial, programmatic, and special reports. Additionally, the requirements necessitate that all submitted reports should be supported by the underlying performance records and presented in accordance with program requirements. Further, the Uniform Guidance in 2 CFR Section 200.303, Internal Controls, requires that non-federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Condition – We reviewed 5 (2 financial and 3 special reports) out of the 9 (4 financial and 5 special) reports required to be submitted during the fiscal year and noted the following: • 1 special report was not submitted. • 2 special reports did not contain evidence of approval prior to submission. • 1 special report was not submitted in a timely manner (33 days late). Cause – It appears that policies and procedures, including review over reporting procedures, were not functioning as intended. Effect or Potential Effect – The Authority is not in compliance with the stated provisions and inaccurate information may have been reported to the Federal government. Failure to submit required reports could result in reduction or disallowance of Federal funding. Questioned Costs – None. Context – We tested a sample of 5 reports and found 4 exceptions as noted in the condition. This is a condition identified per review of the Authority’s compliance with the specified requirements not using a statistically valid sample. Recommendation – We recommend that the Authority reevaluate its policies and procedures to ensure proper monitoring and review of the required reports by an appropriate official who would ensure the information submitted is complete, accurate, consistent, and submitted within the required timeframe. Views of Responsible Officials - The Authority concurs with the auditor’s findings and recommendations. The Authority will implement measures to ensure proper monitoring and review of the required reports by an appropriate official. The planned corrective actions are presented in the Authority’s Corrective Action Plan, which is attached as Appendix B.
Finding Number: 2022-010 Prior Year Finding Number: N/A Compliance Requirement: Reporting Program: U.S. Department of the Treasury COVID-19 Coronavirus State and Local Fiscal Recovery Funds ALN: 21.027 Award #: PID000002 Award Year: 10/01/2021- 11/25/2022 Criteria – Each non-Federal entity must file various financial, programmatic, and special reports. Additionally, the requirements necessitate that all submitted reports should be supported by the underlying performance records and presented in accordance with program requirements. Further, the Uniform Guidance in 2 CFR Section 200.303, Internal Controls, requires that non-federal entities receiving Federal awards (i.e., auditee management) establish and maintain internal control designed to ensure compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Condition – We reviewed the 1 report required to be submitted during the fiscal year and noted that there was no evidence of approval prior to submission. Cause – It appears that policies and procedures, including review over reporting procedures were not functioning as intended. Effect or Potential Effect – The Authority is not in compliance with the stated provisions and inaccurate information may have been reported to the Federal government. Questioned Costs – None. Context – We tested one report and found one exception as noted in the condition. This is a condition identified per review of the Authority’s compliance with the specified requirements not using a statistically valid sample. Recommendation – We recommend that the Authority reevaluate its policies and procedures to ensure proper monitoring and review of the required reports by an appropriate official who would ensure the information submitted is complete, accurate, consistent, and submitted within the required timeframe. Views of Responsible Officials - The Authority concurs with the auditor’s findings and recommendations. The Authority will implement measures to ensure proper monitoring and review of the required reports by an appropriate official. The planned corrective actions are presented in the Authority’s Corrective Action Plan, which is attached as Appendix B.