Finding 1216206 (2023-014)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2026-05-31
Audit: 402685
Organization: Republic of Palau (PW)

AI Summary

  • Core Issue: The Republic's procurement policy lacks full and open competition for small purchases and does not ensure equitable distribution of micro-purchases among qualified suppliers.
  • Impacted Requirements: Non-compliance with Federal procurement regulations, including documentation retention for suspension and debarment checks, puts the Republic at risk of questioned costs.
  • Recommended Follow-Up: Update procurement policies to ensure competition and equitable distribution, and implement procedures to retain documentation of suspension and debarment verifications for all covered transactions.

Finding Text

Criteria: 1. In accordance with 2 CFR § 200.319(a), all procurement transactions under a Federal award must be conducted in a manner that provides full and open competition. Further, 2 CFR § 200.320(a)(1)(i) requires that, to the extent practicable, micro‑purchases be distributed equitably among qualified suppliers. 2. 2 CFR § 200.214 subjects non‑Federal entities to the non-procurement suspension and debarment regulations in 2 CFR part 180, which restrict awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from Federal awards. Under 2 CFR § 180.300, before entering into a covered transaction with another person or entity at the next lower tier, the non Federal entity must verify that the party is not excluded or disqualified. This verification may be completed by reviewing the SAM.gov Exclusions, obtaining a certification from the entity, or including an appropriate suspension and debarment clause or condition in the contract or agreement. Further, in accordance with 2 CFR § 200.318(i), non‑federal entities must maintain records sufficient to document the history of procurement transactions, and 2 CFR § 200.334 requires retention of all supporting documentation for Federal awards. Together, these regulations require that documentation of the suspension and debarment verification be retained to demonstrate compliance with Federal procurement and suspension and debarment requirements. Condition: 1. The Republic’s procurement regulation § 625(c)(3) permits purchases under $2,500 after obtaining one written price quotation. However, the policy does not demonstrate full and open competition to ensure that small purchases are distributed equitably among qualified suppliers. Of the 583 procurement transactions, 140 were identified as within the threshold established under § 625(c)(3). No. No. of Transactions General Ledger Account Name Amount 1 7 Boat Rentals $ 9,400 2 64 General Supplies 60,349 3 7 Advertising 1,045 4 6 Conference 11,800 5 1 All Other Purchased Serv 1,999 6 39 Vehicle Cycle Repair 7,987 7 12 Building/Space Rentals 5,830 8 4 Machinery & Equip Repair 837 Total: 140 $ 99,247 2. The Republic represents that vendors are verified in SAM.gov before entering into covered transactions; however, no documentation was retained to demonstrate that the required verification occurred. Documentation such as screenshots, printouts, approval records, or other system‑based evidence showing that the SAM.gov check was performed was not available in the procurement or vendor files. Of the 185 purchase orders issued during the year ended September 30, 2023, 19 were identified as covered transactions subject to federal suspension and debarment requirements, totaling $2,101,228, of which 12 totaling $1,919,175 were selected for testing. No. Purchase Order # Vendor Amount 1 22300843 MEDPHARM $ 93,032 2 22301907 PACIFIC SOURCE INC. LTD. 490,573 3 22301908 PACIFIC SOURCE INC. LTD. 512,382 4 22301909 PACIFIC SOURCE INC. LTD. 463,320 5 22302788 MEDPHARM 111,550 6 22300845 MD WHOLESALE 55,160 7 22301465 MD WHOLESALE 11,952 8 22302557 MD WHOLESALE 29,607 9 22302790 MEDPHARM 80,946 10 22303546 G&N CLEANING EXPRESS 16,560 11 22306254 ARC HEALTH 37,125 12 22307066 MD WHOLESALE 16,968 Total: $ 1,919,175 Auditor verification of the above vendors in SAM.gov did not identify any as suspended or debarred. However, the absence of documentation prevents the Republic from demonstrating compliance with Federal suspension and debarment requirements. Cause: The Republic’s procurement policy does not ensure full and open competition for small purchases and does not include procedures to equitably distribute micro‑purchases among qualified suppliers. Additionally, the Republic’s procurement and vendor compliance procedures do not require the retention of documentation evidencing that suspension and debarment checks were performed. Effect: The Republic is not in compliance with Federal procurement, suspension and debarment requirements. Without federally compliant procedures and supporting documentation, the extent of questioned costs cannot be determined, resulting in an undeterminable question cost. Identification as a Repeat Finding: Finding 2022-009 Recommendation: We recommend that the Republic update its procurement policies and procedures to include specific guidance to ensure full and open competition and to equitably distribute micro‑purchases among qualified suppliers. Management should ensure that documentation supporting the basis for supplier selection is consistently maintained in procurement files. Additionally, we recommend that the Republic strengthen its procurement and vendor‑approval procedures to require retention of evidence demonstrating that suspension and debarment verification was performed for each covered transaction. Acceptable documentation may include date‑stamped screenshots of the SAM.gov search, system‑generated verification logs, or signed certifications. Documentation should be consistently retained in the procurement or vendor file to support compliance with Federal requirements. Views of Responsible Officials: The Republic’s Corrective Action Plan does not indicate disagreement and provides planned corrective action.

Corrective Action Plan

Planned Corrective Action: We concur with the finding. Management has issued guidance to obtain at least two quotes when racticable. Procurement procedures are being reviewed to strengthen competition, and staff will retain date-stamped SAM.gov screenshots to document suspension and debarment checks before awards. Proposed Completion Date: On-going Name and Contact of Responsible Person: Sherilynn Madraisau Director Bureau of Public Health & Human Services Contact: 680-488-2552 Email: Sherilynn.madraisau@palauhealth.org Gail Rengiil Director Bureau of National Treasury Ministry of Finance Contact:680-767-2561 Email: gailr@palaugov.org

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1216202 2023-010
    Material Weakness Repeat
  • 1216203 2023-011
    Material Weakness Repeat
  • 1216204 2023-012
    Material Weakness Repeat
  • 1216205 2023-013
    Material Weakness Repeat
  • 1216207 2023-015
    Material Weakness Repeat
  • 1216208 2023-016
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
12.U00 Maritime Domain Awareness Radars $2.11M
15.875 Submarine Fibre Optic Cable $1.70M
93.323 ELC Covid Response Activities $1.32M
17.225 UNEMPLOYMENT INSURANCE $1.31M
93.898 CANCER PREVENTION AND CONTROL PROGRAMS FOR STATE, TERRITORIAL AND TRIBAL ORGANIZATIONS $1.16M
84.027 Special Education Grants to States $1.08M
20.106 AIRPORT IMPROVEMENT PROGRAM, INFRASTRUCTURE INVESTMENT AND JOBS ACT PROGRAMS, AND COVID-19 AIRPORTS PROGRAMS $1.01M
15.875 S432 (2A) Infrastructure Maintenance Fund $929,583
93.224 HEALTH CENTER PROGRAM (COMMUNITY HEALTH CENTERS, MIGRANT HEALTH CENTERS, HEALTH CARE FOR THE HOMELESS, AND PUBLIC HOUSING PRIMARY CARE) $729,214
84.256B Education Grant Program for the Freely Associated States $657,965
93.116 PROJECT GRANTS AND COOPERATIVE AGREEMENTS FOR TUBERCULOSIS CONTROL PROGRAMS $416,174
93.243 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES PROJECTS OF REGIONAL AND NATIONAL SIGNIFICANCE $404,077
93.377 PREVENTION AND CONTROL OF CHRONIC DISEASE AND ASSOCIATED RISK FACTORS IN THE U.S. AFFILIATED PACIFIC ISLANDS, U.S. VIRGIN ISLANDS, AND P. R. $357,046
93.069 Public Health Emergency Preparedness $341,774
93.323 EPIDEMIOLOGY AND LABORATORY CAPACITY FOR INFECTIOUS DISEASES (ELC) $337,010
93.391 ACTIVITIES TO SUPPORT STATE, TRIBAL, LOCAL AND TERRITORIAL (STLT) HEALTH DEPARTMENT RESPONSE TO PUBLIC HEALTH OR HEALTHCARE CRISES $335,490
15.875 Single Audit FY2020 $329,450
93.011 Material and Child Health Federal Consolidated Programs $265,040
15.875 S432 (5) Infrastructure Grants $260,742
15.875 Community Health Assesment $236,163
93.251 Universal Newborn Hearing Screening $231,132
93.217 FAMILY PLANNING SERVICES $220,764
93.889 NATIONAL BIOTERRORISM HOSPITAL PREPAREDNESS PROGRAM $207,665
93.495 COMMUNITY HEALTH WORKERS FOR PUBLIC HEALTH RESPONSE AND RESILIENT $194,179
15.904 HISTORIC PRESERVATION FUND GRANTS-IN-AID $188,036
93.994 MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT TO THE STATES $175,828
15.875 FY2021 Single Audit D22AF00085-00 $151,900
84.048 Career and Technical Education-Basic Grants to States $144,051
15.875 MOF - School and Hospital Repair $140,625
93.127 EMERGENCY MEDICAL SERVICES FOR CHILDREN $135,468
93.788 State Targeted Response to the Opioid Crisis Grants $133,261
93.092 Affordable Care Act (ACA) Personal Responsibility Education Program $129,017
93.527 GRANTS FOR NEW AND EXPANDED SERVICES UNDER THE HEALTH CENTER PROGRAM $120,373
93.354 PUBLIC HEALTH EMERGENCY RESPONSE: COOPERATIVE AGREEMENT FOR EMERGENCY RESPONSE: PUBLIC HEALTH CRISIS RESPONSE $117,135
93.967 CENTERS FOR DISEASE CONTROL AND PREVENTION COLLABORATION WITH ACADEMIA TO STRENGTHEN PUBLIC HEALTH $115,562
15.875 Building a Healthier Palau $112,957
10.664 COOPERATIVE FORESTRY ASSISTANCE $107,765
15.875 Household Income & Expense Survey $102,718
93.959 BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE $96,222
93.268 IMMUNIZATION COOPERATIVE AGREEMENTS $92,669
93.421 STRENGTHENING PUBLIC HEALTH SYSTEMS AND SERVICES THROUGH NATIONAL PARTNERSHIPS TO IMPROVE AND PROTECT THE NATION’S HEALTH $88,445
15.875 Cares Act OIA Grant $74,503
45.031 IMLS LSTA Cares Act State Grants $72,986
11.427 FISHERIES DEVELOPMENT AND UTILIZATION RESEARCH AND DEVELOPMENT GRANTS AND COOPERATIVE AGREEMENTS PROGRAM $72,444
45.031 IMLS LSTA State Grants $68,125
93.958 BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES $38,124
93.991 PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT $31,829
93.738 PPHF: RACIAL AND ETHNIC APPROACHES TO COMMUNITY HEALTH PROGRAM FINANCED SOLELY BY PUBLIC PREVENTION AND HEALTH FUNDS $30,112
84.002A Adult Education and Family Literacy Act State Grant $30,085
17.285 REGISTERED APPRENTICESHIP $28,838
93.261 SCALING THE NATIONAL DIABETES PREVENTION PROGRAM TO PRIORITY POPULATIONS $21,552
10.766 COMMUNITY FACILITIES LOANS AND GRANTS $18,259
93.917 HIV CARE FORMULA GRANTS $18,151
15.875 Palau 2020 Census $18,002
11.307 ECONOMIC ADJUSTMENT ASSISTANCE $14,075
15.875 Southern Water Project FY20-21 $11,404
93.283 CENTERS FOR DISEASE CONTROL AND PREVENTION INVESTIGATIONS AND TECHNICAL ASSISTANCE $6,961
17.259 WIOA YOUTH ACTIVITIES $6,778
93.809 NATIONAL ORGANIZATIONS FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION $1,873
17.258 WIOA ADULT PROGRAM $1,195
10.707 RESEARCH JOINT VENTURE AND COST REIMBURSABLE AGREEMENTS $1,020
17.278 WIOA DISLOCATED WORKER FORMULA GRANTS $684
15.875 Environmental Regulations Review $492