Finding 12876 (2022-001)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-09-18
Audit: 17569
Organization: City of Newark (DE)

AI Summary

  • Core Issue: The City failed to maintain documentation verifying that two vendors were not suspended or debarred before using federal funds for payments.
  • Impacted Requirements: Compliance with suspension and debarment regulations as outlined in 2 CFR section 180.995.
  • Recommended Follow-Up: Update policies to ensure proper documentation is kept for vendor verification before disbursing federal funds.

Finding Text

Finding Reference: 2022-001 Federal Agency: Department of Treasury Federal Program Title and ALN: Coronavirus State and Local Fiscal Recovery Funds (21.027) Compliance Requirement: Suspension and Debarment Type of Finding: Significant Deficiency in Internal Control Over Compliance Award Period: March 3, 2021 ? December 31, 2024, liquidated by December 31, 2026 Criteria or Specific Requirement: 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. Condition/Context: Two vendors tested did not have proper documentation maintained to support suspension and debarment verification was performed prior to them being paid with federal funds. Per sam.gov, there was no history of the vendor being suspended or debarred. Questioned Costs: Undetermined Cause: The City?s policies and procedures did not require documentation be maintained to verify vendors are not suspended or debarred prior to paying with Federal grant funds. Effect: The City could make a disbursement to a vendor that is suspended or debarred. Recommendation: We recommend the City review its policies and procedures to require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds. Views of Responsible Officials: The City concurs with the finding.

Corrective Action Plan

The City of Newark, Delaware respectfully submits the following corrective action plan for the year ended December 31, 2022. Audit period: January 1 ? December 31, 2022 The findings from the schedule of findings and questioned costs are discussed below. The findings are numbered consistently with the numbers assigned in the schedule. FINDINGS?FEDERAL AWARD PROGRAMS AUDITS Department of Treasury 2022-001 Coronavirus State and Local Fiscal Recovery Funds ? Assistance Listing No. 21.017 Recommendation: We recommend the City review its policies and procedures to require documentation be maintained to verify vendors are not suspended or debarred prior to being paid with federal funds. Explanation of disagreement with audit finding: There is no disagreement with the audit finding. Action taken in response to finding: The City does have a section in all contracts requiring the contractor to affirm their suspension/ debarment status, but this did not address the debarment/ suspension status of pre-existing contracts or purchases not requiring bids. One of the two vendors with incomplete documentation was a vendor that had a pre-existing contract prior to the addition of the certification section to the City?s contracts. The work of the second vendor was not originally included in the federal project and was not subject to the debarment/suspension requirements at the time the work was completed. The City?s Purchasing policy is being amended to require debarment/suspension verification prior to acceptance of either a quote or a bid, and documentation of debarment/suspension verification must be attached to any purchase requisitions for projects that are federally funded. Name(s) of the contact person(s) responsible for corrective action: Jill Hollander and Jeffrey Martindale Planned completion date for corrective action plan: September 1, 2023 If there are any questions regarding this plan, please contact Jill Hollander at JHollander@Newark.de.us

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 589318 2022-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.23M
93.575 Child Care and Development Block Grant $246,869
14.218 Community Development Block Grants/entitlement Grants $215,960
66.468 Capitalization Grants for Drinking Water State Revolving Funds $94,907
66.458 Capitalization Grants for Clean Water State Revolving Funds $74,129
16.922 Equitable Sharing Program $44,809
20.616 National Priority Safety Programs $24,431
20.600 State and Community Highway Safety $18,078
97.047 Building Resilient Infrastructure and Communities $16,627
16.738 Edward Byrne Memorial Justice Assistance Grant Program $14,398
16.999 Fy21 Dea Task Force $11,016
20.607 Alcohol Open Container Requirements $8,943
95.001 High Intensity Drug Trafficking Areas Program $1,083
16.833 National Sexual Assault Kit Initiative $404