Finding 1160188 (2024-014)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-10-08
Audit: 370560
Organization: Town of Jonesboro (LA)

AI Summary

  • Core Issue: The Town lacks a policy to verify if contractors are suspended or debarred, risking engagement with ineligible contractors.
  • Impacted Requirements: Noncompliance with federal regulations requiring verification through SAM Exclusions and proper documentation.
  • Recommended Follow-Up: Develop a verification policy, include compliance clauses in contracts, and train procurement staff on these requirements.

Finding Text

2024-014 Noncompliance with Suspension and Debarment Requirements Grantor Environmental Protection Agency – Assistance Listing 66.458 Clear Water State Revolving Fund Passed through Louisiana Department of Environmental Quality – Number CS-221732.01 Grant Period – Year ended June 30, 2024 First reported 2024 Type Material Weakness, Noncompliance Condition The Town failed to establish a policy to outline procedures to be completed to identify contractors that are suspended or debarred. Additionally, the construction contract did not include a compliance clause in the contract, the Town did not obtain certifications from contractors regarding their suspension or debarment status, nor did it document searches conducted in the System for Award Management (SAM) Exclusions to verify contractor eligibility. We did search the list and did not find the contractor. Criteria According to the Uniform Guidance, nonfederal entities must verify that contractors are not suspended, debarred, or otherwise excluded from participating in federal programs. This can be achieved by checking the SAM Exclusions, obtaining a certification from the contractor, or including a compliance clause in the contract. Furthermore, entities must document the verification process. Cause The Town did not have adequate procedures in place to ensure compliance with federal suspension and debarment requirements. Effect The lack of proper verification and documentation could result in the Town engaging with ineligible contractors, potentially leading to noncompliance with federal regulations and jeopardizing federal funding. Questioned Costs None Recommendation It is recommended that the Town develop and implement a policy to verify the suspension and debarment status of contractors. This policy should include procedures for checking the SAM Exclusions, obtaining necessary certifications, and documenting the verification process. Additionally, training should be provided to staff responsible for procurement to ensure understanding and compliance with these requirements. Management Response See management’s corrective action plan.

Corrective Action Plan

Policy Implementation: The Town is developing and implementing a written internal policy and checklist to ensure full compliance with suspension and debarment requirements for all federally funded projects. This policy will include procedures for: o Conducting and documenting searches in the SAM.gov Exclusions system, o Requiring written certifications from all contractors and subcontractors, and o Ensuring that federal compliance clauses are incorporated in all future contracts funded with federal dollars. 2. Engineering Oversight Coordination: The Town acknowledges that coordination with its contracted engineering firm(s) is essential in maintaining federal compliance. Moving forward, we will work closely with our engineers to verify and document that all contractors and subcontractors meet federal eligibility requirements prior to award and contract execution. 3. Training and Compliance Awareness: The Town will ensure that applicable municipal personnel, as well as project managers working with federal grant funds, receive training or instruction on Uniform Guidance procurement standards, including suspension and debarment protocols.

Categories

Procurement, Suspension & Debarment Eligibility

Other Findings in this Audit

  • 1160189 2024-015
    Material Weakness Repeat
  • 1160190 2024-016
    Material Weakness Repeat
  • 1160191 2024-017
    Material Weakness Repeat
  • 1160192 2024-018
    Material Weakness Repeat
  • 1160193 2024-019
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
66.458 Clean Water State Revolving Fund $304,399
21.027 Coronavirus State and Local Fiscal Recovery Funds $105,671
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $47,047
20.106 Airport Improvement Program, Infrastructure Investment and Jobs Act Programs, and Covid-19 Airports Programs $25,761
90.200 Delta Regional Authority $23,060