Finding 1153523 (2024-002)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2025-09-19

AI Summary

  • Core Issue: The Loan Committee failed to include necessary documentation proving that loan recipients did not have access to other credit options, violating federal requirements.
  • Impacted Requirements: This oversight breaches the Uniform Guidance (2 CFR Part 200.303) and 13 CFR section 307.11(a)(1)(ii), risking ineligible loan approvals.
  • Recommended Follow-Up: Implement a checklist for required loan documentation, ensuring management reviews it before finalizing loan agreements.

Finding Text

Federal Program/Award Identification: 11.307 COVID-19 Economic Adjustment Assistance – Economic Development Cluster Federal Award Project Number: 01-79-15100 Federal Award Project Year: 2019 Name of Federal Agency: United States Department of Commerce Name of the Applicable Pass-Through Entity: N/A Criteria: Per the Uniform Guidance (2 CFR Part 200.303), non-federal entities must establish and maintain effective internal control over the federal award to provide reasonable assurance that they are managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. The Organization is required to comply with all terms and conditions of the grant agreement with the Revolving Loan Fund (RLF) Award granted by the U.S. Department of Commerce, Economic Development Administration (EDA). Per 13 CFR section 307.11(a)(1)(ii), the Organization’s standard loan documentation must include evidence demonstrating that credit is not otherwise available on terms and conditions that permit the completion or successful operation of the activity to be finance. Condition: We noted that the Organization’s Loan Committee did not include in its loan documentation evidence demonstrating that credit was not otherwise available on terms and conditions that permit the completion or successful operation of the activity being financed. Cause: The EDA temporarily waived the requirement to collect evidence demonstrating that credit was not otherwise available. The Organization believed the requirement related to the evaluation of other available credit was waived, but this waiver expired on June 30, 2022. Effect or Potential Effect: Loan recipients could have been approved that had access to other credit, making them ineligible to be granted an RLF under the grant agreement. Loan documentation does not meet the requirements of 13 CFR section 307.11(a)(1)(ii). Questioned Costs: None Context: UHY selected and tested 4 of 8 EDA RLFs outstanding as of December 31, 2024. None of the loans selected for testing had documentation evidencing that credit was not otherwise available on terms and conditions that permit the completion or successful operation of the activity being financed. Recommendation: The loan committee should implement a checklist of all required loan documentation. The checklist should be reviewed by a member of management prior to execution of the loan agreement. Views of Responsible Officials and Planned Corrective Action: See “Management’s Response and Corrective Action” plan section.

Corrective Action Plan

The Organization acknowledges the finding and appreciates the clarifications regarding the expiration of the temporary waiver of the “credit not otherwise available” requirements. Upon identification of this issue, we conducted a full review of all loans originated after June 30, 2022. As a result we have retrofitted all loan files issued after the waiver expired to include appropriate documentation demonstrating that credit was not otherwise available on terms and conditions that would permit the completion or successful operation of the financed activity. Management has also implemented the following preventive measures going forward: • All new loan reports include a section on “credit not otherwise available” for loan committee members to review. • The Organization will annually review EDA guidance and policy changes to ensure that internal documentation practices remain aligned with current federal requirements.

Categories

Matching / Level of Effort / Earmarking Subrecipient Monitoring Eligibility

Other Findings in this Audit

  • 1153524 2024-003
    Material Weakness Repeat
  • 1153525 2024-004
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
11.307 Economic Adjustment Assistance $1.08M
21.020 Community Development Financial Institutions Program $79,602
10.176 Dairy Business Innovation Initiatives $40,390
10.182 Pandemic Relief Activities: Local Food Purchase Agreements with States, Tribes, and Local Governments $33,072
21.027 Coronavirus State and Local Fiscal Recovery Funds $8,348