Finding 1240800 (2025-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-10-21
Audit: 415167
Organization: Town of Cohasset (MA)
Auditor: CBIZ CPAS PC

AI Summary

  • Core Issue: One out of four vendor contracts lacked essential Federal provisions, including the Byrd Anti-Lobbying Amendment and Domestic Preferences for Procurements.
  • Impacted Requirements: Non-compliance with 2 CFR Part 200 could hinder Federal enforcement of grant conditions and contractor awareness of compliance obligations.
  • Recommended Follow-Up: Enhance procurement review processes by using a standardized checklist to ensure all Federal contract provisions are included before contract execution.

Finding Text

Missing Procurement Contract Provisions Federal Program(s) Information Federal Agency: U.S. Department of Treasury Pass-Through Entity: Norfolk County Award Name: COVID-19 – Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Award Year: 2021 Compliance Requirement: Procurement Type of Finding: Compliance Internal Control Over Compliance – Significant Deficiency Criteria or Specific Requirement Appendix II to 2 CFR Part 200 requires non-Federal entities to include certain contract provisions in contracts funded with Federal awards, as applicable. In addition, 2 CFR 200.322 requires non-Federal entities to provide, to the greatest extent practicable, a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. Contracts exceeding $100,000 must also include the Byrd Anti-Lobbying Amendment certification requirements as applicable. Condition and Context: During testing of two out of four vendor contracts subject to procurement requirements under the program, we noted that one contract did not contain all required Federal contract provisions. Specifically, the contract was missing the Byrd Anti-Lobbying Amendment provision and certification requirements, and the Domestic Preferences for Procurements provision required under 2 CFR 200.322 related to the Build America, Buy America (BABA) requirements. As a result, the contract did not fully comply with the Federal contract provision requirements applicable to procurements funded with Federal awards. Note that the sample was not a statistically valid sample. Cause: The Town did not have adequate review procedures in place to ensure all applicable Federal clauses required under Appendix II to 2 CFR Part 200 and Uniform Guidance procurement requirements were incorporated into contracts before execution. Effect or Potential Effect: Failure to include all required Federal contract provisions may result in noncompliance with Federal procurement requirements and could limit the Federal government’s ability to enforce applicable grant conditions. In addition, the omission of required clauses increases the risk that contractors may not be aware of specific Federal compliance obligations associated with the award. Questioned Costs: No questioned costs are reported. Identification as a Repeat Finding: This was not a finding in the prior year. Recommendation The Town should strengthen its procurement review and contract administration procedures to ensure all B3contracts funded with Federal awards contain the applicable provisions required by Appendix II to 2 CFR Part 200 and other Uniform Guidance procurement requirements, including the Byrd Anti-Lobbying Amendment and Domestic Preferences for Procurements provisions. Management should utilize a standardized Federal contract clause checklist and perform a documented review prior to contract execution.

Corrective Action Plan

Audit Finding Reference: 2025-003 Missing Procurement Contract Provisions Planned Corrective Action: The Town will work with its legal counsel and relevant departments to ensure that future contracts include all applicable procurement provisions and required language. The Town will incorporate this review into its contracting process going forward. Planned Implementation Date of Corrective Action: Fiscal Year 2027 Person Responsible for Corrective Action: Michelle Leary, Procurement Officer

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring Significant Deficiency

Other Findings in this Audit

  • 1240768 2025-001
    Material Weakness Repeat
  • 1240769 2025-001
    Material Weakness Repeat
  • 1240770 2025-001
    Material Weakness Repeat
  • 1240771 2025-001
    Material Weakness Repeat
  • 1240772 2025-001
    Material Weakness Repeat
  • 1240773 2025-001
    Material Weakness Repeat
  • 1240774 2025-001
    Material Weakness Repeat
  • 1240775 2025-001
    Material Weakness Repeat
  • 1240776 2025-001
    Material Weakness Repeat
  • 1240777 2025-001
    Material Weakness Repeat
  • 1240778 2025-001
    Material Weakness Repeat
  • 1240779 2025-001
    Material Weakness Repeat
  • 1240780 2025-001
    Material Weakness Repeat
  • 1240781 2025-001
    Material Weakness Repeat
  • 1240782 2025-001
    Material Weakness Repeat
  • 1240783 2025-001
    Material Weakness Repeat
  • 1240784 2025-001
    Material Weakness Repeat
  • 1240785 2025-001
    Material Weakness Repeat
  • 1240786 2025-001
    Material Weakness Repeat
  • 1240787 2025-001
    Material Weakness Repeat
  • 1240788 2025-001
    Material Weakness Repeat
  • 1240789 2025-001
    Material Weakness Repeat
  • 1240790 2025-001
    Material Weakness Repeat
  • 1240791 2025-002
    Material Weakness Repeat
  • 1240792 2025-002
    Material Weakness Repeat
  • 1240793 2025-002
    Material Weakness Repeat
  • 1240794 2025-002
    Material Weakness Repeat
  • 1240795 2025-002
    Material Weakness Repeat
  • 1240796 2025-003
    Material Weakness Repeat
  • 1240797 2025-003
    Material Weakness Repeat
  • 1240798 2025-003
    Material Weakness Repeat
  • 1240799 2025-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
93.354 PUBLIC HEALTH EMERGENCY RESPONSE: COOPERATIVE AGREEMENT FOR EMERGENCY RESPONSE: PUBLIC HEALTH CRISIS RESPONSE $647,894
21.027 COVID-19 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $175,675
10.555 NATIONAL SCHOOL LUNCH PROGRAM $110,705
93.276 DRUG-FREE COMMUNITIES SUPPORT PROGRAM GRANTS $110,471
16.738 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM $36,417
10.553 SCHOOL BREAKFAST PROGRAM $23,698
84.367 SUPPORTING EFFECTIVE INSTRUCTION STATE GRANTS (FORMERLY IMPROVING TEACHER QUALITY STATE GRANTS) $15,805
84.425 COVID-19 EDUCATION STABILIZATION FUND $11,954
84.173 SPECIAL EDUCATION PRESCHOOL GRANTS $10,707
84.027 SPECIAL EDUCATION GRANTS TO STATES $10,000
84.424 STUDENT SUPPORT AND ACADEMIC ENRICHMENT PROGRAM $10,000
20.600 STATE AND COMMUNITY HIGHWAY SAFETY $9,095
97.042 EMERGENCY MANAGEMENT PERFORMANCE GRANTS $4,879
20.616 NATIONAL PRIORITY SAFETY PROGRAMS $4,425
15.616 CLEAN VESSEL ACT $3,314