Finding 1228702 (2024-004)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2026-09-03
Audit: 410379
Organization: CITY OF WAUBAY (SD)
Auditor: EIDE BAILLY LLP

AI Summary

  • Core Issue: The City lacks a formal written procurement policy, leading to non-compliance with federal procurement standards.
  • Impacted Requirements: Failure to monitor contractor suspension or debarment risks entering contracts with ineligible vendors, violating Uniform Guidance.
  • Recommended Follow-Up: The City should adopt a written procurement policy aligned with federal guidelines and ensure contract language addresses contractor eligibility.

Finding Text

U.S. Department of Homeland Security, Federal Emergency Management Agency Passed Through South Dakota Office of Emergency Management BRIC: Building Resilient Infrastructure and Communities #97.047 Award # Not Provided Compliance Requirement – Procurement, Suspension and Debarment Material Weakness over Internal Control over Compliance Criteria: Uniform Guidance and 2 CFR sections 200.318 through 200.326 set forth the procurement standards non-federal entities other than states must follow when operating federal programs and the procurement procedures required depending on the amount of the transaction. It requires a written procurement policy be adopted by the entities receiving federal funding and also requires that contractors and vendors are not suspended or debarred from doing federal work. Condition: The City has not adopted a formal policy related to procurement and does not have a control in place to monitor if the contractor was suspended or debarred from doing federal contract work. Cause: The City uses South Dakota Codified Law for guidance on procurement requirements but does not have a written policy as they were not aware that a written policy was required. Effect: The City will not follow federal requirements for procurement as the federal requirements do not line up with State requirements. Also, the City could enter into a contract with a contractor or vendor who is suspended or debarred. Questioned Costs: None Reported. Context/Sampling: One vendor contract was tested for procurement, suspension and debarment. Repeat Finding from Prior Year(s): No Recommendation: We recommend the City adopt a written Procurement policy which follows the federal guidelines. We also recommend the City include in contract language that contractors are not suspended or debarred. Views of Responsible Officials: Management agreed with the finding.

Corrective Action Plan

Federal Agency Name: U.S. Department of Homeland Security, Federal Emergency Management Agency Passed Through South Dakota Office of Emergency Management Assistance Listing Number: #97.047 Program Name: BRIC: Building Resilient Infrastructure and Communities Finding Summary: The City has not adopted a formal policy related to procurement and does not have a control in place to monitor if the contractor was suspended or debarred from doing federal contract work. Corrective Action Plan: We are in the process of establishing a policy that will include federal guidelines along with state requirements. Responsible Individuals: Katie Rencountre Finance Officer Anticipated Completion Date: December 31, 2026

Categories

Procurement, Suspension & Debarment

Programs in Audit

ALN Program Name Expenditures
97.047 BRIC: BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES $817,212