Finding Text
2022-001 Coronavirus State and Local Fiscal Recovery Funds (Assistance Listing No. 21.027) Material Weakness Internal controls were not designed to prevent the condition described below. Condition The Police Jury awarded to a water system (the System) a portion of the funds received under the grant. The Police Jury did not advise the System of federal, state, and local procurement requirements. The System?s engineer estimated the project to total $252,228. The project included four water wells. The System considered each water well to be a separate project. Therefore, only quotes were obtained when formal bids were required. Criteria Federal regulations require such work to be advertised and let by contract. Additionally, Louisiana Revised Statute (LRS) 38:2212(C) requires all public work exceeding the contract limit (currently $250,000) to be done by a public entity to be advertised and let by contract to the lowest responsible and responsive bidder who bid according to the bidding documents as advertised. LRS 38:2212(V) expressly prohibits the separation of a public works project into smaller projects if that separation would have the effect of avoiding the public bid requirement. Finally, UPPJ Procurement Policy states that construction projects exceeding $100,000 should be let through competitive sealed bids/formal advertising. Cause The expenditure of the American Rescue Plan Act funds is uncharted territory for everyone. It does not appear that the Police Jury or the Water System intended to circumvent any policies, regulations, or laws. The Police Jury later realized that assistance was required. At that time, the Police Jury engaged a consultant.Effect The costs could be considered disallowed. The Police Jury could be required to return the funds to the United States Treasury. Context The estimated project cost is $252,228. Recommendation We recommend that the Police Jury evaluate its written policy and procedures and revise them as necessary to ensure compliance in the future. The policies and procedures should include the process for awarding funds to subrecipients. Views of Responsible Officials and Planned Corrective Actions The Police Jury agrees with the finding. The Police Jury engaged a consultant and is in the process of revising its policies and procedures.