Finding 42626 (2022-007)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-05-01
Audit: 48461
Organization: Municipality of Toa Alta (PR)

AI Summary

  • Core Issue: The Municipality failed to properly verify contractor eligibility and include necessary contract provisions, leading to noncompliance with federal procurement requirements.
  • Impacted Requirements: Violations of 31 CFR section 19.300 and 2 CFR section 200.327 regarding procurement suspension and debarment procedures.
  • Recommended Follow-Up: Implement written policies to ensure all contracts include required provisions and verify contractor status through SAM.gov before signing or making payments.

Finding Text

FINDING NUMBER: 2022-007 FEDERAL AGENCY: U.S. DEPARTMENT OF THE TREASURY PASS-THROUGH AGENCY: P.R. DEPARTMENT OF TREASURY - PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY AUTHORITY FEDERAL PROGRAM: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS (ALN 21.027) REQUIREMENT: PROCUREMENT SUSPENSION & DEBARMENT (I) TYPE OF FINDING: SIGNIFICANT DEFICIENCY (SD) / NONCOMPLIANCE (NC) CONDITION: In our Procurement Contract Provision Test, we evaluated four contract agreements. We found that the Municipality validated prior to award the contract that the supplier was not listed as a debarred, suspended, or otherwise excluded by agencies in the System for Award Management (SAM) for one (1) of the contracts. The validation of one (1) of the other three (3) contracts was made after the contract was signed, and the Municipality in the process to finalize the validation for the other two (2). Also, we found that the Municipality did not include all contract provisions required for non-federal entity contracts under federal awards for one (1) of the four (4) contracts. CRITERIA: Pursuant to 31 CFR section 19.300, 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 by (a) checking the EPLS; or collecting a certification from the entity; or adding a contract provision. 2 CFR section 200.327 references Appendix II to Part 200, which establishes contract provisions that must be included in non-federal entity contracts under federal awards. According to 2 CFR section 200.327, Appendix II to Part 200, (h), a contract must not be awarded to parties listed on the government exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive 12549 and 12689. The SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties found ineligible under any legal or regulatory authority other than Executive Order 12549. CAUSE:There is lack of knowledge about the contract provisions required to be included in federal awards contracts and the procedure to verify if the contractors are excluded in the System for Award Management (SAM). Therefore, the Municipality has been awarding contracts without the proper procurement procedure. EFFECT: The program is in noncompliance with the Procurement Suspension and Debarment requirements as established in 31 CFR section 19.300 and 2 CFR section 200.327. RECOMMENDATION: We recommend to the program administrators to include in the requisition for contracts a description of the requirements that need to be fulfilled to award a federal contract. In order to take into consideration a proposal or bid, the Municipality must have on hand the System for Award Management certification of the entity that indicates that the supplier is active and not listed in the governmentwide exclusion list. Contracts should not be signed without the proper documentation of the SAM.gov certification and payments should not be made without the required contract provisions. QUESTIONED COST: None PRIOR YEAR FINDING: None VIEWS OF RESPONSIBLE OFFICIALS AND PLANNED CORRECTIVE ACTION: We concur with the auditor?s finding. We are going to prepare written policies and procedures in accordance with Uniform Guidance. Implementation Date: May 31, 2023 Responsible Person: Kristian Rivera Santiago Finance Director

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 42618 2022-008
    Significant Deficiency
  • 42619 2022-008
    Significant Deficiency
  • 42620 2022-005
    Significant Deficiency Repeat
  • 42621 2022-008
    Significant Deficiency
  • 42622 2022-008
    Significant Deficiency
  • 42623 2022-007
    Significant Deficiency
  • 42624 2022-008
    Significant Deficiency
  • 42625 2022-006
    Significant Deficiency
  • 42627 2022-008
    Significant Deficiency
  • 42628 2022-008
    Significant Deficiency
  • 619060 2022-008
    Significant Deficiency
  • 619061 2022-008
    Significant Deficiency
  • 619062 2022-005
    Significant Deficiency Repeat
  • 619063 2022-008
    Significant Deficiency
  • 619064 2022-008
    Significant Deficiency
  • 619065 2022-007
    Significant Deficiency
  • 619066 2022-008
    Significant Deficiency
  • 619067 2022-006
    Significant Deficiency
  • 619068 2022-007
    Significant Deficiency
  • 619069 2022-008
    Significant Deficiency
  • 619070 2022-008
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $773,743
21.019 Coronavirus Relief Fund $754,064
21.027 Coronavirus State and Local Fiscal Recovery Funds $643,850
93.575 Child Care and Development Block Grant $316,955
14.218 Community Development Block Grants/entitlement Grants $219,286
10.558 Child and Adult Care Food Program $27,551
14.871 Section 8 Housing Choice Vouchers $21,747
14.241 Housing Opportunities for Persons with Aids $19,605
20.505 Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research $16,682
93.044 Special Programs for the Aging_title Iii, Part B_grants for Supportive Services and Senior Centers $1,432