Finding Text
Federal Program
ALN 66.468 - Capitalization Grants for Drinking Water State Revolving Funds
Name of Federal Agency
U.S Environmental Protection Agency
Pass-through Entity
Puerto Rico Department of Health (DOH)
Category
Other matter
Criteria
2 CFR § 200.465 - Rental costs of real property and equipment states that:
“Rental costs are allowable to the extent that the rates are reasonable in light of such factors as costs of comparable rental properties; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. Rental arrangements should be reviewed periodically to determine if circumstances have changed and if other options are available.”
Condition Found
When renewing the rental contract for the administration of the Revolving Fund, the DOH, as the Revolving Fund administrator, complied with statutory laws and procedures governing contract renewal. However, under the applicable regulations, if a contract renewal does not include a fee increase, there is no statutory requirement to evaluate comparable rental properties or conduct a periodic market study to assess potential changes in market conditions.
As a result, the Revolving Fund lacks, within its existing processes and documentation, established policies and procedures for performing and documenting such assessments and did not conduct the evaluation required under 2 CFR § 200.465 in a timely manner. However, during discussions with the auditors, the required evaluation was performed, demonstrating that the rental costs remain reasonable in accordance with federal regulations. Cause
The DOH, as administrator of the Revolving Fund, followed the statutory provisions of the Office of Management and Budget of Puerto Rico and the Revisory Board of the Real Property of Puerto Rico, governing the rent contract renewals, which do not require a periodic assessment of possible changes in market conditions.
Effect
The absence of policies and procedures for evaluating and documenting rental reasonableness may limit the Revolving Fund’s ability to demonstrate that rental costs remain aligned with market conditions over time. Without periodic assessments, there is a risk that rental agreements may not reflect the most cost-effective options available, potentially leading to inefficiencies in the use of funds. Establishing a formal process for conducting and documenting these evaluations would enhance transparency and support compliance with 2 CFR § 200.465.
Questioned Cost
None. No balance or reimbursement is owed to the U.S Environmental Protection Agency because of this finding.
Context
The Revolving Fund currently incurs an annual rental cost of $160,424, which includes rent, utilities, security services, maintenance and parking spaces, among other.
Identification of a repeat finding
This is not a repeated finding from the immediate previous audit.
Views of responsible officials and planned corrective actions
The management of the Revolving Fund agrees with this finding. Please refer to the corrective action plan section on pages 48-49.
Recommendation
We recommend implementing a periodic assessment of rental rates that could help ensure that the Revolving Fund continues to allocate resources efficiently and in alignment with 2 CFR § 200.465.