SCHEDULE OF FEDERAL AWARD FINDINGS AND QUESTIONED COSTS
City of Pullman
January 1, 2023 through December 31, 2023
2023-001 The City did not have adequate internal controls and did not comply with federal suspension and debarment requirements.
Assistance Listing Number and Title: 20.509, COVID – 19 Formula Grants for Rural Areas and Tribal Transit Program
Formula Grants for Rural Areas and Tribal Transit Program
Federal Grantor Name: Federal Transit Administration
Federal Award/Contract Number: N/A
Pass-through Entity Name: Washington State Department of Transportation
Pass-through Award/Contract Number: PTD0237, PTD0246, PTD0247, PTD0508, PTD0622, PTD0623
Known Questioned Cost Amount: $0
Prior Year Audit Finding: N/A
Background
During fiscal year 2023 the City spent $2,045,018 in Formula Grants for Rural Areas and Tribal Transit Program. The objectives of the Formula Grants for Rural Areas program are to initiate, improve and continue public transportation service in rural areas by providing financial assistance for operating, planning, administrative expenses, and the acquisition, construction, and improvement of facilities and equipment. The program specifically provides for the support of rural intercity bus service. In addition, the Rural Transit Assistance Program also provides additional funding for training, technical assistance, research and related support services to support rural transit service.
Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls.
Federal requirements prohibit recipients from contracting with or purchasing from parties suspended or debarred from doing business with the federal government. Whenever the City enters into contracts or purchases goods and services that it expects to equal or exceed $25,000, paid all or in part with federal funds, it must verify the contractors are not suspended, debarred or otherwise excluded from participating in federal programs. The City may verify this by obtaining a written certification from the contractor, adding a clause or condition into the contract that states the contractor is not suspended or debarred, or checking for exclusion records in the U.S. General Services Administration’s System for Award Management at SAM.gov. The City must verify this before entering into the contract and must maintain documentation demonstrating compliance with this federal requirement.
Description of Condition
Although the City has a process to verify the suspension and debarment status for contractors it pays more than $25,000, our audit found the City did not follow this process and did not verify one of two contractors were not suspended or debarred before purchasing from them.
We consider this deficiency in internal controls to be a material weakness that led to material noncompliance.
Cause of Condition
City staff were aware of the federal suspension and debarment verification requirements and normally verify this during the procurement process. However, when the City renewed its contract, it did not intend to pay for it with federal funds, so staff did not verify the contractor’s status.
Effect of Condition
The City did not obtain a written certification from the contractor, insert a clause into the contract or check for exclusion records at SAM.gov to verify the contractor it paid $42,362 using federal funds was not suspended or debarred before contracting. Without adequate internal controls, the City increases its risk of awarding federal funds to contractors that are excluded from participating in federal programs. Any payments the City made to an ineligible party would be unallowable, and the awarding agency could potentially recover them.
We subsequently verified the contractor was not suspended or debarred. Therefore, we are not questioning costs.
Recommendation
We recommend the City strengthen its internal controls to verify all contractors it pays $25,000 or more, all or in part with federal funds, are not suspended or debarred from participating in federal programs.
City’s Response
The city had an ongoing relationship with a vendor for the purchase of services at a city wide level. At the time of annual renewal of services, it was not anticipated that a portion of the services would be paid with federal operating funds, thus a suspension and debarment verification was not completed at that time. As noted by the Washington State Auditor’s Office, the contractor continued to remain free of suspension or debarment during the period and resulted in zero dollars in questioned costs.
The city has refined its process to include a verification for existing vendors prior to assignment of federal fund allocation.
Auditor’s Remarks
We appreciate the City’s commitment to resolving this finding and thank the City for its cooperation and assistance during the audit. We will review the status of the City’s corrective action during the next audit.
Applicable Laws and Regulations
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 516, Audit findings, establishes reporting requirements for audit findings.
Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements.
The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11.
Title 2 CFR Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), establishes nonprocurement debarment and suspension regulations implementing Executive Orders 12549 and 12689.