Finding 1072889 (2022-002)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2024-09-11
Audit: 319369
Organization: Chelan County (WA)

AI Summary

  • Core Issue: The County failed to verify the suspension and debarment status of contractors paid $25,000 or more with federal funds, leading to material noncompliance.
  • Impacted Requirements: Federal regulations require internal controls to ensure contractors are not suspended or debarred before entering contracts funded by federal awards.
  • Recommended Follow-up: Establish and document internal controls for verifying contractor eligibility and monitor compliance to prevent future issues.

Finding Text

2022-002 The County’s internal controls were inadequate for ensuring compliance with federal suspension and debarment requirements. Assistance Listing Number and Title: 21.027, COVID-19 – Coronavirus State and Local Fiscal Recovery Funds Federal Grantor Name: U.S. Department of the Treasury Federal Award/Contract Number: N/A Pass-through Entity Name: N/A Pass-through Award/Contract Number: N/A Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background The purpose of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program is to respond to the COVID-19 pandemic’s negative effects on public health and the economy, provide premium pay to essential workers during the pandemic, provide government services to the extent COVID-19 caused a reduction in revenues collected, and make necessary investments in water, sewer, or broadband infrastructure. In 2022, the County spent $834,112 in program funds. Federal regulations require recipients to establish and follow internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Federal requirements prohibit recipients from contracting with or purchasing from parties suspended or debarred from doing business with the federal government. Whenever the County enters into contracts or purchases goods or services that it expects to equal or exceed $25,000, paid all or in part with federal funds, it must verify the contractors have not been suspended, debarred, or otherwise excluded. The County may accomplish this verification by collecting a written certification from the contractor, adding a clause or condition into the contract that states the contractor is not suspended or debarred, or checking for exclusion records in the U.S. General Services Administration’s System for Award Management at SAM.gov. The County must perform this verification before entering into the contract or charging all or part of the costs of the contract to a federal award and must keep documentation demonstrating compliance with this federal requirement. Description of Condition Our audit found the County’s controls were ineffective for ensuring that it verified the suspension and debarment status of contractors paid $25,000 or more, all or in part with federal funds. Specifically, the County did not obtain a written certification, include a clause in the contract, or search for exclusion records in SAM.gov to verify that four contractors subject to this requirement were not suspended or debarred before entering into the contract or charging costs to the federal award. The County paid these contractors $775,044 in fiscal year 2022. We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition County staff responsible for the purchases were not aware of the federal requirements for suspension and debarment, so they did not have a process to ensure they verified each contractor’s suspension and debarment status before entering into covered transactions. Effect of Condition Without this verification, the County increases its risk of providing federal funds to contractors that are excluded from participating in federal programs. Any payments made to an ineligible party would be unallowable, and the federal grantor could potentially recover them. We subsequently verified the contractors were not suspended and debarred, so we are not questioning costs. Recommendation We recommend the County establish internal controls to verify all contractors it expects to pay $25,000 or more, all or in part with federal funds, are not suspended or debarred from participating in federal programs. We also recommend the County maintain documentation demonstrating compliance with this requirement. County’s Response Chelan County agrees with the recommendation stated above. All Grant Managers have been briefed on the requirement to check that funds recipients are not on the Federal suspension and debarment list. The Auditor’s office will monitor all managers to ensure this requirement is completed. Increasing the number of participants in the review process should prevent the repeat of the above-mentioned material weaknesses. Auditor’s Remarks We appreciate the County’s commitment to resolving the issues noted and will follow up during the 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 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), establishes nonprocurement debarment and suspension regulations implementing Executive Orders 12549 and 12689.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 496447 2022-002
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
21.027 Covid 19 - Coronavirus State and Local Fiscal Recovery Funds $834,112
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $740,930
93.563 Child Support Enforcement $200,576
15.554 Cooperative Watershed Management Program $194,666
97.047 Pre-Disaster Mitigation $158,812
16.738 Edward Byrne Memorial Justice Assistance Grant Program $152,074
81.U03 Bpa $150,769
81.U04 Bpa $136,344
10.674 Wood Utilization Assistance $89,839
97.042 Emergency Management Performance Grants $72,564
10.664 Cooperative Forestry Assistance $64,440
15.608 Fish and Wildlife Management Assistance $55,873
20.205 Highway Planning and Construction $35,136
16.575 Crime Victim Assistance $34,529
10.665 Schools and Roads - Grants to States $32,400
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $29,736
11.438 Pacific Coast Salmon Recovery_pacific Salmon Treaty Program $24,817
66.468 Capitalization Grants for Drinking Water State Revolving Funds $22,000
81.U05 Bpa $20,267
15.230 Invasive and Noxious Plant Management $18,129
16.588 Violence Against Women Formula Grants $17,420
20.224 Federal Lands Access Program $16,959
81.U01 Bpa $16,663
10.699 Partnership Agreements $15,292
97.012 Boating Safety Financial Assistance $9,759
81.U02 Bpa $8,475
10.675 Urban and Community Forestry Program $7,000
10.680 Forest Health Protection $5,491
10.902 Soil and Water Conservation $4,063
15.954 National Park Service Conservation, Protection, Outreach, and Education $3,556
97.041 National Dam Safety Program $3,094
97.067 Homeland Security Grant Program $2,893
15.517 Fish and Wildlife Coordination Act $2,495
11.436 Columbia River Fisheries Development Program $1,888
10.553 School Breakfast Program $1,122
97.039 Hazard Mitigation Grant $320