Finding 1163533 (2024-001)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-12-05

AI Summary

  • Core Issue: MOFGA failed to verify that subrecipients were not suspended or debarred before distributing federal funds.
  • Impacted Requirements: Non-federal entities must ensure compliance with 2 CFR regulations regarding covered transactions, specifically verifying subrecipient eligibility.
  • Recommended Follow-Up: Implement a policy to regularly review subrecipients' standing to prevent funding suspended or debarred entities.

Finding Text

Federal Program: Specialty Crop Block Grant Program – MPSIG IV Assistance Listing No.: 10.170 Federal Agency: U.S. Department of Agriculture Pass-Through Entity: None Federal Award Identification Number: 23SCBPME1171 Repeat Finding: This is not a repeat finding Criteria – Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a 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. All non-procurement transactions entered into by a pass-through entity (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. 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. This verification may be accomplished by (1) checking the System for Award Management (SAM) Exclusions maintained by the General Services Administration (GSA) and available at SAM.gov Home (click on Search Record, then click on Advanced Search-Exclusions) (Note: The OMB guidance at 2 CFR Part 180 and agency implementing regulations still refer to the SAM Exclusions as the Excluded Parties List System (EPLS)), (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered transaction with that entity (2 CFR section 180.300). Condition – During 2024, MOFGA did not perform any reviews of subrecipients to ensure they were in good standing before receiving federal funds. Questioned costs – None. Cause – MOFGA did not perform any reviews of subrecipients to ensure they were in good standing before passing through federal funds. Effect or potential effect – There is a risk that the specialty crop block grant funds a suspended or debarred subrecipient which could result in them receiving penalties or having their agreement for the grant terminated. Context – The sample of subrecipients was a statistically valid sample. Recommendation – MOFGA should put in a place a policy to review subrecipients standing to ensure that all subrecipients are appropriately receiving grant funds. Views of responsible officials – Management’s response is included in “Management’s Views and Corrective Action Plan” included at the end of this report.

Corrective Action Plan

Federal Program: Specialty Crop Block Grant Program – MPSIG IV Assistance Listing No.: 10.170 Federal Agency: U.S. Department of Agriculture Pass-Through Entity: None Federal Award Identification Number: 23SCBPME1171 Repeat Finding: This is not a repeat finding Criteria – Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a 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. All non-procurement transactions entered into by a pass-through entity (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. 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. This verification may be accomplished by (1) checking the System for Award Management (SAM) Exclusions maintained by the General Services Administration (GSA) and available at SAM.gov Home (click on Search Record, then click on Advanced Search-Exclusions) (Note: The OMB guidance at 2 CFR Part 180 and agency implementing regulations still refer to the SAM Exclusions as the Excluded Parties List System (EPLS)), (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered transaction with that entity (2 CFR section 180.300). Condition – During 2024, MOFGA did not perform any reviews of subrecipients to ensure they were in good standing before receiving federal funds. Questioned costs – None. Cause – MOFGA did not perform any reviews of subrecipients to ensure they were in good standing before passing through federal funds. Effect or potential effect – There is a risk that the specialty crop block grant funds a suspended or debarred subrecipient which could result in them receiving penalties or having their agreement for the grant terminated. Context – The sample of subrecipients was a statistically valid sample. Recommendation – MOFGA should put in place a policy to review subrecipients standing to ensure that all subrecipients are appropriately receiving grant funds. Corrective Actions Taken or Planned – MOFGA will put into place a process for checking the sam.gov website as part of our eligibility process for subrecipient awardees, and will also add this verification for all employees that are working on grants to ensure anyone receiving grant funds are not suspended or debarred. Responsible Parties – Angela Haiss,. Director of Operations Anticipated Completion Date – December 31, 2025

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 1163530 2024-002
    Material Weakness Repeat
  • 1163531 2024-001
    Material Weakness Repeat
  • 1163532 2024-001
    Material Weakness Repeat
  • 1163534 2024-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
10.311 BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM $203,078
10.163 MARKET PROTECTION AND PROMOTION $103,722
10.188 Organic Market Development Grant Program $69,038
10.937 Partnerships for Climate-Smart Commodities $49,408
10.175 FARMERS MARKET AND LOCAL FOOD PROMOTION PROGRAM (B) $41,063
10.520 AGRICULTURE RISK MANAGEMENT EDUCATION PARTNERSHIPS COMPETITIVE GRANTS PROGRAM $21,517
10.176 DAIRY BUSINESS INNOVATION INITIATIVES (B) $20,095
10.902 SOIL AND WATER CONSERVATION $19,901
10.331 FOOD INSECURITY NUTRITION INCENTIVE GRANTS PROGRAM $16,845
10.310 AGRICULTURE AND FOOD RESEARCH INITIATIVE (AFRI) $13,331
10.215 SUSTAINABLE AGRICULTURE RESEARCH AND EDUCATION $11,353
10.525 FARM AND RANCH STRESS ASSISTANCE NETWORK COMPETITIVE GRANTS PROGRAM (B) $9,000
10.181 AMS - PANDEMIC RESPONSE AND SAFETY GRANTS PROGRAM/ AMS - FARMWORKER AND MEATPACKING WORKER RELIEF GRANT PROGRAM $9,000
10.675 URBAN AND COMMUNITY FORESTRY PROGRAM $6,630
10.460 RISK MANAGEMENT EDUCATION PARTNERSHIPS $6,387
10.170 SPECIALTY CROP BLOCK GRANT PROGRAM - FARM BILL $1,534