Finding 1075767 (2023-001)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-09-30
Audit: 322165
Organization: Knox County (NE)

AI Summary

  • Core Issue: The County lacked proper internal controls to verify that vendors were not suspended or debarred before entering into covered transactions, risking non-compliance with federal regulations.
  • Impacted Requirements: Compliance with 2 CFR 180.305 and 2 CFR 180.330, which mandate verification of vendor eligibility for federal assistance programs.
  • Recommended Follow-Up: Implement a verification process for vendors, including checking SAM exclusions and updating policies to align with federal dollar thresholds.

Finding Text

2 CFR 1200.10 gives regulatory effect to 2 CFR 180.305 which provides that participants are prohibited from entering into a covered transaction with parties that are excluded or disqualified and 2 CFR 180.315 prohibits participants from entering into covered transactions with parties whose principals are excluded or disqualified, unless the Federal agency responsible for the transaction grants an exception under 2 CFR § 180.135, or unless the participants has obtained an exception under the disqualifying statute, Executive order, or regulation. 2 CFR 1200.10 gives regulatory effect to 2 CFR 180.200 identifies “covered transactions” as non-procurement or procurement transactions subject to the prohibitions of 2 CFR § 180 subpart B, and may be a transaction at the primary tier, between a Federal agency and a person; or at the lower tier, between a participant in a covered transaction and another person. Under 2 CFR § 180.220, procurement contracts for goods and services awarded by a participant in a non-procurement transaction (e.g., grant or cooperative agreement) are covered transactions if the contracts are expected to equal or exceed $25,000 or meet certain other specified criteria. All non-procurement transactions (i.e., sub-awards to subrecipients), irrespective of award amount, are considered covered transactions, unless exempt under 2 CFR § 180.215. 2 CFR 180.330 requires that before a participant enters into a covered transaction with another party, the participant must verify that the party the participant is seeking to do business with is not excluded or disqualified. This verification may be accomplished by checking SAM exclusions (https://sam.gov); collecting a certification from the entity, or adding a clause or condition to the covered transactions with that entity. Additionally, the County established the "Federal Procurement Policy" through Resolution # 2018-868 which states “sub awards and contract will not be permitted with parties that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Departmental Fiscal Supervisors are responsible for checking the Excluded Parties List System (EPLS) website, also known as the Debarred Contractors List prior to the approval of federal sub-awards or contacts of any amount or purchased of $50,000 or higher of federal awards.” The County did not have proper internal controls in place to help verify that all entities, with whom the County had entered into covered transactions, had not been suspended or debarred. During testing of nonpayroll disbursements for AL # 20.205 Highway Planning and Construction Program, we noted for all procurement transactions tested with a payment to a vendor of more than $25,000, there was no evidence the County checked the SAM exclusions, collected a certification from the entity, or added a clause or condition to the covered transaction with the vendor. Due to the deficient internal control structure, the required verification was not completed for the covered transaction in the AL # 20.205 Highway Planning and Construction Program during the fiscal year ended December 31, 2023. Failing to have the appropriate controls in place may result in vendors receiving federal funds that are suspended or debarred. Prior to contracting with vendors that will be paid with federal funds, the County should verify the vendor is not suspended or debarred by checking the SAM exclusions, collecting a certification from the vendor, or adding a clause or condition to the covered transaction with the vendor. In addition, the County should amend their policy to ensure the dollar threshold agrees to the CFR.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 499325 2023-001
    Material Weakness
  • 499326 2023-002
    Material Weakness Repeat
  • 499327 2023-002
    Material Weakness Repeat
  • 1075768 2023-002
    Material Weakness Repeat
  • 1075769 2023-002
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
93.658 Foster Care_title IV-E $1.42M
20.509 Formula Grants for Rural Areas and Tribal Transit Program $1.40M
93.558 Temporary Assistance for Needy Families $1.24M
20.205 Highway Planning and Construction $1.10M
20.106 Airport Improvement Program $848,173
93.563 Child Support Enforcement $623,222
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $587,717
93.778 Medical Assistance Program $428,094
10.561 State Administrative Matching Grants for the Supplemental Nutrition Assistance Program $394,664
21.027 Coronavirus State and Local Fiscal Recovery Funds $275,916
93.659 Adoption Assistance $262,826
17.258 Wia Adult Program $199,196
93.767 Children's Health Insurance Program $138,855
17.259 Wia Youth Activities $120,948
17.225 Unemployment Insurance $100,861
93.575 Child Care and Development Block Grant $64,130
17.278 Wia Dislocated Worker Formula Grants $62,048
20.513 Enhanced Mobility of Seniors and Individuals with Disabilities $58,247
93.556 Promoting Safe and Stable Families $52,849
93.645 Stephanie Tubbs Jones Child Welfare Services Program $52,037
21.032 Local Assistance and Tribal Consistency Fund $50,000
93.747 Elder Abuse Prevention Interventions Program $46,341
97.042 Emergency Management Performance Grants $44,432
93.667 Social Services Block Grant $41,258
16.575 Crime Victim Assistance $40,901
93.674 John H. Chafee Foster Care Program for Successful Transition to Adulthood $30,363
17.207 Employment Service/wagner-Peyser Funded Activities $13,332
93.472 Title IV-E Prevention and Family Services and Programs (a) $6,476
17.277 Workforce Investment Act (wia) National Emergency Grants $5,258
17.245 Trade Adjustment Assistance $2,131