Finding 1238074 (2024-006)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2026-09-29

AI Summary

  • Core Issue: The Tribe failed to maintain proper documentation for procurement processes, including alternate bidding justifications and suspension/debarment checks.
  • Impacted Requirements: Non-compliance with 2 CFR § 200.303 and procurement standards, increasing the risk of ineligible vendor contracts.
  • Recommended Follow-Up: Strengthen procurement procedures to ensure all required documentation is completed and retained before contract awards or purchases.

Finding Text

Program Information: Assistance Listing #: 93.445 U.S. Department of Health and Human Services I.H.S. Water Tank Replacement Award Numbers: PH12-U35, RN0222 Award Periods: 7/29/2021-7/29/2025 Assistance Listing #: 21.027 U.S. Department of the Treasury COVID-19 American Rescue Plan Act - 2021 Award Numbers: SLFRP3186, SLFRP4785 Award Periods: 8/13/2021 - 12/31/2026, 6/4/2021 - 12/31/2026 Criteria: 2 CFR § 200.303 - Internal controls states, the non-federal entity must: (a) Establish and maintain effective internal control over the federal award that provides reasonable assurance that the non-federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). The Tribe, as a nonfederal entity and Indian tribe, is required to follow the same procurement laws and procedures it uses for procurements from non-federal funds, together with applicable federal statutes, the procurement standards in 2 CFR part 200 (including 2 CFR 200.317 and related provisions), and any additional procurement requirements specified in the federal award documents when expending federal award funds. In addition, under the Procurement and Suspension and Debarment compliance requirement, the Tribe must ensure that contracts and subawards under covered transactions are not made with parties that are suspended, debarred, or otherwise excluded from participation in federal assistance programs, which requires verification against the System for Award Management (SAM) Exclusions in accordance with 2 CFR 200.213 and 2 CFR part 180 (including 2 CFR 180.300). Condition/Context: During testing, we noted the following: 21.027 • 5 of 6 IIIs did not have documentation of alternate bidding or sole source justification. • 6 of 6 IIIs did not have documentation that a suspension and debarment search was performed prior to purchasing. 93.445 • 7 of 7 IIIs did not have documentation that a suspension and debarment search was performed prior to purchasing. [ X ] Compliance Finding [ ] Significant Deficiency [ X ] Material Weakness Cause: The Tribe’s procurement procedures were not consistently followed, and required documentation was not consistently prepared or retained. Staff turnover and inconsistent application of procurement requirements contributed to the lack of documentation supporting competitive procurement or sole source justification and suspension and debarment verification. Effect: Without documented verification, there is an increased risk that procurements may not be conducted in accordance with Federal requirements or that Federal funds could be paid to an ineligible vendor. Questioned Costs: Suspension and Debarment: None noted. The vendors were not found to be suspended or debarred; the issue relates solely to lack of documentation. Procurement: 21.027 • $108,943 - Known Repeat Finding: Yes for 93.445, Finding #2023-003. No for 21.027. Recommendation: We recommend the Tribe strengthen its procurement procedures to ensure Federal procurement requirements are completed and documented prior to contract award or purchase. Procurement files should include documentation supporting competitive procurement or an allowable sole source justification, when applicable, as well as evidence of suspension and debarment verification. The Tribe should also establish procedures to ensure required procurement documentation is retained and reviewed for compliance. Views of Responsible Officials and Planned Corrective Action: Management agrees with the finding and has prepared corrective action as detailed in its Corrective Action Plan.

Corrective Action Plan

Person responsible for corrective action plan: Stacey Mike, Interim Tribal Chair Marjianne Yonge, Tribal Treasurer PO Box 747 Lone Pine, CA 93545 (760) 876-1037 Condition: During testing, we noted the following: 21.027 • 5 of 6 IIIs did not have documentation of alternate bidding or sole source justification. • 6 of 6 IIIs did not have documentation that a suspension and debarment search was performed prior to purchasing. 93.445 • 7 of 7 IIIs did not have documentation that a suspension and debarment search was performed prior to purchasing. Corrective Action: Suspension and debarment procedures will be documented by the fiscal staff prior to paying any new contractors. Bidding and or sole source justification shall be documented and provided to the fiscal staff prior to the payment being issued. Anticipated date of completion: November 30, 2026.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1238068 2024-003
    Material Weakness Repeat
  • 1238069 2024-005
    Material Weakness Repeat
  • 1238070 2024-006
    Material Weakness Repeat
  • 1238071 2024-007
    Material Weakness Repeat
  • 1238072 2024-003
    Material Weakness Repeat
  • 1238073 2024-004
    Material Weakness Repeat
  • 1238075 2024-007
    Material Weakness Repeat
  • 1238076 2024-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
93.445 I.H.S. Water Tank Replacement $478,175
21.027 COVID-19 American Rescue Plan Act - 2021 $255,896
11.029 National Telecommunication & Information Adm. $183,748
15.021 CTGP - 2023 Contract $183,417
66.926 EPA GAP - Contract 2022-2026 $170,594
20.205 COVID-19 Coronavirus Response and Relief S.A.A.(CRRSAA) $152,572
66.038 EPA AIR $140,600
15.021 COVID-19 Contractual Support - Cares Act - Contract 2021 $103,200
66.419 CWA 319 - Contract 2023-2024 $47,362
66.460 CWA 106 - Contract 2023-2024 $38,055
15.141 COVID-19 21X ARPA HIP - Contract 2021 $20,356
15.020 Aid to Tribal Government - 2023 Contract $18,258
15.130 Scholarship - 2019 Contract $13,215
15.141 Housing Improvement Project $11,867
21.032 COVID-19 Local Assistance and Tribal Consistency Fund $9,066
15.021 Hurricane Hillary $7,864
14.867 Indian Housing Block Grant $7,434
15.021 Elder - Contract 2023 $5,612
93.569 Community Service Block Grant $4,846
15.130 Johnson O'Malley - Contract 2005 $4,456
15.021 IT Supplies - Contract 2023 $3,005
15.031 Fire Prevention - Contract 2022 $3,000
20.205 Highway Planning and Construction Program $2,531
15.133 Welfare Assistance - Contract 2021 $1,879
15.144 ICWA - Contract 2022 $1,434
15.029 Tribal Courts - Contract 2019 $1,369
15.032 National Tribal Broadband Grant $1,295
15.130 Job Placement - 2030 $971
15.130 Scholarship - 2023 Contract $17
15.133 Welfare Assistance - Contract 2020 $-1,879