Finding 1093792 (2021-006)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2021
Accepted
2024-12-31
Audit: 335349
Organization: Laporte County (IN)

AI Summary

  • Core Issue: The County lacked an effective internal control system to ensure compliance with suspension and debarment requirements for vendors receiving COVID-19 funds.
  • Impacted Requirements: Noncompliance with 2 CFR 200.303 and 31 CFR 19.300, which mandate verification of vendors to prevent contracting with suspended or debarred entities.
  • Recommended Follow-Up: Establish a robust internal control system with clear policies and procedures to verify vendor eligibility before entering into contracts.

Finding Text

FINDING 2021-006 Subject: COVID-19 - Coronavirus State and Local Fiscal Recovery Funds - Suspension and Debarment Federal Agency: Department of the Treasury Federal Program: COVID-19 - Coronavirus State and Local Fiscal Recovery Funds Assistance Listings Number: 21.027 Federal Award Numbers and Years (or Other Identifying Numbers): Regular FY 2021, Revenue Loss FY 2021 Compliance Requirement: Procurement and Suspension and Debarment Audit Finding: Material Weakness, Modified Opinion Condition and Context An effective internal control system, which would include segregation of duties, was not in place at the County in order to ensure compliance with requirements related to the grant agreement and the procurement and suspension and debarment compliance requirement. INDIANA STATE BOARD OF ACCOUNTS 28 LA PORTE COUNTY SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Prior to entering into subawards and covered transactions with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), SLFRF funds, recipients are required to verify that contractors and subrecipients are not suspended, debarred, or otherwise excluded. "Covered transactions" include, but are not limited to, contracts for goods and services awarded under a nonprocurement transaction (e.g., grant agreement) that are expected to equal or exceed $25,000 and all subawards. The verification is to be done by checking the Excluded Parties List System (ELPS), collection of a certification from that person or entity, or adding a clause or condition to the covered transaction with that person or entity. Upon inquiring of the County to determine its policies and procedures related to suspension and debarment requirements for the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), SLFRF funds, the County stated procedures were not in place to ensure vendors were not suspended or debarred prior to entering into covered transactions. The County had not performed procedures to ensure the vendors were not suspended or debarred or otherwise excluded or disqualified from participation in federal assistance programs or activities during the audit period on 100 percent of the applicable two vendors that were paid with SLFRF funds, which totaled $657,583. The lack of internal controls and noncompliance were systemic issues throughout the audit period. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 31 CFR 19.300 states: "When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you do business is not excluded or disqualified. You do this by: (a) Checking the EPLS, or (b) Collecting a certification from that person if allowed by this rule, or (c) Adding a clause or condition to the covered transaction with that person." Cause Management of the County did not develop a system of internal controls to ensure that policies and procedures were in place and followed, related to suspension and debarment. INDIANA STATE BOARD OF ACCOUNTS 29 LA PORTE COUNTY SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, vendors to whom payments equal to or in excess of $25,000 were not verified to be not suspended, debarred, or otherwise excluded. Any program funds the County used to pay contractors that have been suspended or debarred would be unallowable, and the funding agency could potentially recover them. Furthermore, noncompliance with the provisions of federal statutes, regulations, and the terms and conditions of the federal award could result in the loss of future federal funding to the County. Questioned Costs There were no questioned costs identified. Recommendation We recommended that management of the County establish a proper system of internal controls, including policies and procedures to ensure its compliance with requirements related to suspension and debarment. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring Internal Control / Segregation of Duties

Other Findings in this Audit

  • 517348 2021-005
    Material Weakness
  • 517349 2021-006
    Material Weakness
  • 517350 2021-006
    Material Weakness
  • 517351 2021-007
    Material Weakness
  • 1093790 2021-005
    Material Weakness
  • 1093791 2021-006
    Material Weakness
  • 1093793 2021-007
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.36M
93.563 Child Support Services $819,923
20.205 Highway Planning and Construction $423,379
16.838 Comprehensive Opioid, Stimulant, and Other Substances Use Program $168,423
16.738 Edward Byrne Memorial Justice Assistance Grant Program $151,202
93.268 Immunization Cooperative Agreements $139,646
93.323 Epidemiology and Laboratory Capacity for Infectious Diseases (elc) $124,261
93.498 Provider Relief Fund and American Rescue Plan (arp) Rural Distribution $106,264
97.042 Emergency Management Performance Grants $105,608
21.019 Coronavirus Relief Fund $100,000
16.575 Crime Victim Assistance $95,492
93.788 Opioid Str $60,000
93.069 Public Health Emergency Preparedness $27,362
20.600 State and Community Highway Safety $25,138
93.994 Maternal and Child Health Services Block Grant to the States $20,000
20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $17,791
10.555 National School Lunch Program $17,039
16.540 Juvenile Justice and Delinquency Prevention $7,301
66.472 Beach Monitoring and Notification Program Implementation Grants $5,859
97.012 Boating Safety Financial Assistance $3,726
20.616 National Priority Safety Programs $2,745
93.946 Cooperative Agreements to Support State-Based Safe Motherhood and Infant Health Initiative Programs $1,460
10.558 Child and Adult Care Food Program $298