Finding Text
2023-003 Procurement and Suspension, and Debarment – Internal Control over Verification Against the
System for Award Management (“SAM”)
Identification of the Federal Program:
Assistance Listing Number: 21.027
Assistance Listing Title: Coronavirus State and Local Fiscal Recovery Funds
Federal Agency: Department of Treasury
Federal Award Number and Award Year: 2021
Criteria or Specific Requirement (Including Statutory, Regulatory, or Other Citation):
Suspension and Debarment, Non-Federal entities are prohibited from contracting with or making subawards
under covered transactions to parties that are suspended or debarred. “Covered transactions” include those
procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or
cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria as specified in
2 CFR section 180.220. All nonprocurement transactions entered into by a recipient (i.e., subawards to
subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as
provided in 2 CFR section 180.215.
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. This verification may be accomplished by
(1) checking the System for Award Management (SAM) Exclusions maintained by the General Services
Administration (GSA) and available at https://www.sam.gov/portal/public/SAM/ (Note: The OMB guidance at 2
CFR part 180 and agency implementing regulations still refer to the SAM Exclusions as the Excluded Parties List
System (EPLS)), (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered
transaction with that entity (2 CFR section 180.300).
Condition:
During our audit, we noted that 2 out of 5 samples selected for testing which the City did not have documentation
on verifying the vendors against the SAM prior entering into contracts with the vendors to ensure that they were
not suspended or debarred from federally funded purchases.
Cause:
The City does not have a process to train new staff on documentation of performing suspension or debarment
checks on vendors that the City entered into contracts with for federally-funded projects.
Effect or Potential Effect:
Without verifying whether vendors are suspended or debarred from working on federally-funded projects, the
City could be contracting with vendors that are prohibited from working on federally-funded projects.
Questioned Costs:
None.
Context:
See condition above for context of the finding. Identification as a Repeat Finding, If Applicable:
Not applicable.
Recommendation:
We recommended the City establish internal control procedures to document its suspension and debarment check
to ensure vendors are not suspended or debarred from federally-funded purchases.
View of Responsible Officials:
Management concurs the finding