Finding 1138096 (2024-001)

Criteria - 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. “Covered transactions” include those procurement contracts for goods and services awarded under 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. This requirement applies to contracts entered into to procure goods and services with Coronavirus State and Local Fiscal Recovery Funds. Condition - The Town of Foster has a specific procedure in place for verifying that an entity with which it plans to enter into a covered transaction is not suspended, debarred or otherwise excluded. The procedure includes maintaining on file documentation to support that the verification was performed by accessing the System of Award (SAM.gov) website and confirming that the vendor is not suspended or debarred.Cause - The Town did not fully implement the procedure during the 2024 fiscal year.Effect – Contracts for goods and service that were “covered transactions” were entered into prior to verifying that an entity was not suspended, debarred or otherwise excluded.Questioned Costs – None Recommendation- We recommend that the Town maintain documentation on file to support that the verification procedures were performed to ensure that an entity with which it plans to enter into a covered transaction is not suspended, debarred or otherwise excluded.Auditee’s Views -Management acknowledges the finding regarding the lack of verification of suspension or debarment status prior to entering into covered transactions for goods and services. While procedure were in place, they were not consistently followed throughout the entire fiscal year. Upon identification of the issue, the Town implemented corrective actions during the fiscal year under audit, including establishing a formal procedure to verify the suspension and debarment status of all vendors involved in covered transactions. Verification is now documented through the System for Award Management (SAM.gov) prior to contract execution, and applicable staff have been trained to ensure ongoing compliance. Although these corrective actions were implemented within the fiscal year under audit, they were not in place early enough to apply to all applicable transactions for the entire year. The Town is committed to maintaining full compliance with federal procurement standards going forward.