Finding 394256 (2023-003)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-04-23
Audit: 304261
Organization: City of South Lake Tahoe (CA)
Auditor: Eide Bailly LLP

AI Summary

  • Core Issue: The City failed to verify the debarment status of a vendor in one out of four contracts, risking compliance with federal procurement rules.
  • Impacted Requirements: Noncompliance with 2 CFR part 200 and 31 CFR section 19.300 regarding internal controls and vendor checks.
  • Recommended Follow-up: The City should enhance its documentation procedures for debarment status checks to ensure compliance and accountability.

Finding Text

2023-003 Federal Agency: U.S. Department of the Treasury Program/Cluster: COVID-19 Coronavirus State and Local Fiscal Recovery Funds Federal Financial Assistance Listing Number: 21.027 Pass-through: N/A Award No. and Year: N/A, 2022 Compliance Requirement: Procurement, suspension and debarment Type of Finding: Significant Deficiency in Internal Control Over Compliance, Instance of Noncompliance Criteria: Per 2 CFR part 200, subpart D, section 200.303, the nonfederal entity must establish and maintain effective internal control over the federal award that provides reasonable assurance that the nonfederal entity is managing the federal award in compliance with federal statues, regulations, and the terms and conditions of the federal award. Prior to entering into subawards and contracts with award funds, recipients must verify that such contractors and subrecipients are not suspended, debarred, or otherwise excluded pursuant to 31 CFR section 19.300. Condition: In 1 instance out of 4 procurements sampled, we could not evidence that management had reviewed the debarment status of a vendor at the time of entering into the contract/agreement, and the agreement did not include a clause regarding debarment status, nor did management obtain a certification of the vendor’s status from the vendor. Cause: The contract/agreement template used by the City did not include the debarment status clause, and management described that a debarment status check was performed on sam.gov at the time of entering into the agreement; however, the project manager overseeing the agreement who retained that documentation is no longer working for the City, and management could not locate the record of the debarment status check being performed. Effect: Entering into contracts with vendors could result in disbursement of Federal funds to suspended or debarred parties. Questioned Costs: None noted. Context/Sampling: A nonstatistical sample of 4 out of 8 contracts were selected. We found that none of the selected vendors were suspended or debarred. Repeat Finding from Prior Year: No. Recommendation: We recommend that the City review its procedures for retaining documentation evidencing the debarment status verifications performed for contracts and agreements through sam.gov. Views of Responsible Officials and Planned Corrective Action: Management agrees with the finding. See separate corrective action plan.

Corrective Action Plan

Finding 2023-003 Federal Agency: U.S. Department of the Treasury Program/Cluster: COVID-19 Coronavirus State and Local Fiscal Recovery Funds Federal Assistance Listing Number: 21.027 Pass-through: N/A Award No. and Year: N/A, 2022 Compliance Requirements: Procurement, suspension and debarment Type of Finding: Significant Deficiency in Internal Control Over Compliance, Instance of Noncompliance Views of Responsible Officials and Corrective Action Plan: Management agrees. The City has already modified its procedures to ensure that the debarment status of a vendor at the time of entering into the contract/agreement is reviewed and the evidence is retained. The City’s Professional Services Agreement template already included a clause regarding debarment status, however, the Public Works Contract template did not explicitly require it in all instances. The City updated the Public Works Contract template to include a suspension/debarment certification form as one of the required documents. The Public Works Contract checklist includes a requirement to keep the certification form and the evidence check from sam.gov in the Project File. Responsible Individual(s): Olga Tikhomirova, Director of Finance Anticipated Completion Date: September 2024

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 394255 2023-002
    Significant Deficiency
  • 970697 2023-002
    Significant Deficiency
  • 970698 2023-003
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Covid-19 Coronavirus State and Local Fiscal Recovery Funds $381,336
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $294,982
97.036 Covid-19 Disaster Grants - Public Assistance (presidentially Declared Disasters) $174,852
16.588 Violence Against Women Formula Grants $147,798
14.218 Community Development Block Grants/entitlement Grants $108,552
15.235 Southern Nevada Public Land Management $95,234
10.690 Lake Tahoe Erosion Control Grant Program $93,337
97.083 Staffing for Adequate Fire and Emergency Response (safer) $77,593
20.600 State and Community Highway Safety $31,239
20.106 Airport Improvement Program $20,831
10.699 Partnership Agreements $13,578
20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $8,955
97.039 Hazard Mitigation Grant $2,232
20.205 Highway Planning and Construction $1,226