Finding 1093107 (2024-001)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2024-12-23
Audit: 334656
Organization: Eighth Judicial District Court (NV)
Auditor: Crowe LLP

AI Summary

  • Core Issue: Lack of internal controls to verify vendor status against suspension and debarment listings for federally funded procurements.
  • Impacted Requirements: Compliance with federal regulations requiring checks against the SAM Exclusions for covered transactions exceeding $25,000.
  • Recommended Follow-up: Update procurement policies to mandate verification of vendor status on Sam.gov before entering into any covered transactions.

Finding Text

Section III – Federal Award Findings and Questioned Costs Finding 2024-001 – Internal Controls for Federally Funded Procurements which are Covered Transactions (Significant Deficiency) Impacted Federal Programs: Federal Agency: Department of Treasury Pass-through Entity: State of Nevada CASA Association Program: COVID-19 Corona State and Local Fiscal Recovery Fund (CSLFR) Assistance Listing No.: 21.027 Federal Award Number: SLFRF2634 Criteria: As a condition of receiving federal funds, Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria as specified in 2 CFR section 180.220. All non-procurement transactions entered into by a pass-through entity (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. When a non-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity must verify that the entity, as defined in 2 CFR section 180.995 and agency adopting regulations, is not suspended or debarred or otherwise excluded from participating in the transaction. This verification may be accomplished by (1) checking the System for Award Management (SAM) Exclusions maintained by the General Services Administration (GSA) and available at SAM.gov | Home (click on Search Record, then click on Advanced Search-Exclusions) (Note: The OMB guidance at 2 CFR Part 180 and agency implementing regulations still refer to the SAM Exclusions as the Excluded Parties List System (EPLS)), (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered transaction with that entity (2 CFR section 180.300). Condition: During our walkthrough of the internal controls assessment of procurement for the CSLFR program, we had noted that there was no evidence of internal controls in place to check against applicable listings that vendors were not debarred, suspended, or otherwise excluded. Cause: Management did not include reviewing Sam.gov for a vendor’s status as part of the procurement process prior to entering into a covered transaction. Effect: The Court could unknowingly enter into covered transactions with an entity that is suspended or debarred leading to non-compliance. Questioned Costs: None Context: A total of 12 procurements totaling $501,000 in federal expenditures, met the definition of covered transactions and thus were subject to the suspension and debarment compliance requirements. These 12 procurements did not include a check prior to the agreements of each vendor’s status. Subsequent to entering into the transaction, management verified that all 12 vendors were found not to be suspended, debarred, or otherwise excluded when reviewing Sam.Gov. Recommendation: We recommend the Court update their procurement policies and procedures to include a requirement to review applicable listings in Sam.Gov for a vendor’s suspension and debarment status prior to entering into covered transactions. Management’s Response See Corrective Action Plan.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 516665 2024-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
93.563 Child Support Enforcement $1.63M
93.788 Opioid Str $604,846
21.027 Coronavirus State and Local Fiscal Recovery Funds $588,507
93.243 Substance Abuse and Mental Health Services_projects of Regional and National Significance $327,620
93.959 Block Grants for Prevention and Treatment of Substance Abuse $143,584
93.958 Block Grants for Community Mental Health Services $112,816
20.616 National Priority Safety Programs $104,721
93.597 Grants to States for Access and Visitation Programs $8,425