Finding 1092417 (2023-004)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-12-19
Audit: 333783
Organization: The National Judicial College (NV)
Auditor: Marcum LLP

AI Summary

  • Core Issue: The College did not check if a contractor was suspended or debarred before awarding a federal contract.
  • Impacted Requirements: This violates federal regulations requiring verification through the System for Award Management (SAM).
  • Recommended Follow-Up: Establish a strict protocol for verifying contractor status, including documentation of SAM searches and compliance evidence.

Finding Text

Agency U.S. Department of Transportation, Federal Motor Carrier Safety Administration ALN 20.232 Commercial Driver’s License Program Implementation Federal Award Identification Number 69A3601840118CDL0NV 69A3601940354CDL0NV 69A3602040472CDL0NV 69A3602140719CDL0NV 69A3602240864CDL0NV Criteria According to 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 200.213, non-federal entities are prohibited from contracting with or making subawards to parties that are suspended or debarred. The non-federal entity must verify that the contractor or subrecipient is not suspended or debarred through the System for Award Management (SAM), which includes reviewing the Excluded Parties List System (EPLS), or by collecting a certification from the entity. Condition and Context The College failed to perform the required search for suspension and debarment in SAM for one of the two contractors tested prior to awarding a contract under the federal program. The search should have been performed to ensure that the contractor was not suspended or debarred. Cause The one vendor noted was a long standing contractor for multiple years with the College and the College made the determination that this requirement was not applicable when these services were being contracted to be renewed. Repeat Finding No Recommendation We recommend that the College implement and adhere to a strict protocol for verifying suspension and debarment status prior to awarding any contracts or subawards under federal programs. This protocol should include performing searches in SAM, documenting the results of the searches, and maintaining evidence of compliance. Views of Responsible Officials and Planned Corrective Action: See attached corrective action plan Questioned Costs None

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring Allowable Costs / Cost Principles

Other Findings in this Audit

  • 515974 2023-003
    Significant Deficiency
  • 515975 2023-004
    Significant Deficiency
  • 515976 2023-005
    Significant Deficiency
  • 1092416 2023-003
    Significant Deficiency
  • 1092418 2023-005
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
20.232 Commercial Driver's License Program Implementation Grant $1.30M
20.614 National Highway Traffic Safety Administration (nhtsa) Discretionary Safety Grants and Cooperative Agreements $266,642
99.U02 Education Support Program:njc Courses $144,498
16.746 Capital Case Litigation Initiative $38,953
99.U01 Environmental Law $17,824
16.588 Violence Against Women Formula Grants $15,818
93.243 Substance Abuse and Mental Health Services Projects of Regional and National Significance $8,997
20.600 State and Community Highway Safety $5,541
16.608 Tribal Justice Systems $3,148