Finding 394684 (2023-002)

Significant Deficiency Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-04-25

AI Summary

  • Core Issue: The Fund did not comply with procurement rules regarding suspension and debarment throughout 2023 due to an outdated policy.
  • Impacted Requirements: Non-federal entities must verify that parties involved in covered transactions are not suspended or debarred, as per 2 CFR section 180.
  • Recommended Follow-Up: Continue training for staff on the updated procurement policy to ensure compliance with federal standards.

Finding Text

Finding 2023-002: Procurement and Suspension and Debarment Identification of federal program: Program Titles: Agriculture Research Basic and Applied Research & Community Economic Adjustment Assistance for Compatible Use and Joint Land Use Studies Assistance Listing Numbers: 10.001 & 12.610 Award Identification: CA 59-8082-0-001 & W9124J2120002 Federal Agencies: U.S. Department of Agriculture, Agriculture Research Service & U.S. Department of Defense, Office of Local Defense Community Cooperation Criteria or Specific Requirement: Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a non-procurement 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 non-procurement transactions entered into by a pass-through entity (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 SAM.gov, (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: While the Fund adopted an updated procurement policy during 2023, testing of the Fund’s controls on compliance over procurement and suspension and debarment identified transactions under the old policy. The Fund did not have a procurement policy in place for the full year that is in compliance with prescribed standards in the Uniform Guidance; therefore, prior to the adoption of the updated procurement policy, suspension and debarment verifications were not performed prior to entering a covered transaction. Cause: While the Fund adopted an updated procurement policy, including policies over suspension and debarment that fully conforms to Uniform Guidance, the policy was adopted during 2023. Effect: The Fund was not in compliance with the procurement policy requirements of Uniform Guidance, specifically around suspension and debarment for the entirety of 2023. Questioned Costs: None Context: The Fund adopted an updated procurement policy in 2023, which fully complies with Uniform Guidance requirements addressed in Chapter 2 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. As the policy was not in place for the full year, we are unable to adequately test compliance prior to the adoption of the new policy. Repeat finding: Yes, Finding 2022-002 Recommendation: We acknowledge the Fund adopted and documented procurement procedures, which conform to the procurement standards identified in 2 CFR section §§ 200.317 through 200.327, and also addressed suspension and debarment during 2023. We recommend management continue training to ensure all applicable personnel are familiar with the revised policy. Views of responsible individuals: Management concurs with and will implement the recommendation. See corrective action plan.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 394682 2023-001
    Significant Deficiency
  • 394683 2023-002
    Significant Deficiency Repeat
  • 394685 2023-003
    Significant Deficiency
  • 971124 2023-001
    Significant Deficiency
  • 971125 2023-002
    Significant Deficiency Repeat
  • 971126 2023-002
    Significant Deficiency Repeat
  • 971127 2023-003
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
10.001 Agricultural Research_basic and Applied Research $2.51M
15.658 Natural Resource Damage Assessment and Restoration $1.90M
12.610 Community Economic Adjustment Assistance for Compatible Use and Joint Land Use Studies $634,432
10.932 Regional Conservation Partnership Program $595,289
12.401 National Guard Military Operations and Maintenance (o&m) Projects $345,517
15.664 Fish and Wildlife Coordination and Assistance $299,127
10.310 Agriculture and Food Research Initiative (afri) $179,866
15.630 Coastal Program $162,573
10.890 Rural Development Cooperative Agreement Program $141,634
10.902 Soil and Water Conservation $119,126
10.935 Urban Agriculture and Innovative Production $115,917
15.930 Chesapeake Bay Gateways Network $93,217
23.011 Appalachian Research, Technical Assistance, and Demonstration Projects $81,416
11.438 Pacific Coast Salmon Recovery Pacific Salmon Treaty Program $66,665
15.657 Endangered Species Recovery Implementation $66,027
10.912 Environmental Quality Incentives Program $64,463
81.089 Fossil Energy Research and Development $63,701
66.475 Geographic Programs – Gulf of Mexico Program $25,000
10.676 Forest Legacy Program $16,866
15.611 Wildlife Restoration and Basic Hunter Education and Safety $12,350
10.664 Cooperative Forestry Assistance $10,272
10.182 Covid-19 - Pandemic Relief Activities: Local Food Purchase Assistance with States, Tribes, and Local Governments $2,420