Finding 485117 (2023-003)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-08-26
Audit: 317904
Organization: Irl Council (FL)

AI Summary

  • Core Issue: The Council lacks a process to verify that subrecipients and vendors are not suspended or debarred from federal funding.
  • Impacted Requirements: This oversight violates 2 CFR 200.303 and 2 CFR 180.300, which mandate eligibility checks before entering covered transactions.
  • Recommended Follow-Up: Implement controls to verify eligibility, include a clause in contracts confirming no suspension or debarment, and document checks on the SAM Exclusions website.

Finding Text

2023-003 SUSPENSION AND DEBARMENT U.S. Department of Environmental Protection ALN 66.456 – National Estuary Program Federal Award ID Number: 4T-02D39922 and CE-00D90119 2023 Funding Criteria: 2 CFR 200.303 requires non-federal entities to establish and maintain effective internal controls. Pursuant to 2 CFR section 180.300, the Council may not contract with or make subawards to parties that are identified as being suspended or debarred by the Federal Government. The Council must verify the parties’ eligibility to receive payment from a program funded by a Federal grant prior to entering a covered transaction (as defined in 2 CFR section 180.220). Condition: The Council did not have a process in place to verify that subrecipients and vendors for covered transactions were not suspended or debarred. Cause: Management was not aware of this procurement requirement. Effect: The Council could inadvertently enter a covered transaction with a suspended or debarred party, resulting in the disallowance of payments made to that party as eligible costs under the Federal program. Questioned Costs: None. Perspective: Many of the subawards made by the Council were to other local governments or universities, which are entities unlikely to be suspended or debarred. As part of our compliance testing, we tested a sample of subrecipients and vendors for suspension and debarment, noting no exceptions. Recommendation: We recommend the Council implement controls to ensure the Council does not enter a subaward or other covered transaction with a party that is suspended, debarred or otherwise excluded from participating in federal awards. We suggest the Council include a clause in the subrecipient contracts stating the contractor is not suspended or debarred. This clause would need to be included in any modifications to the contracts that provide for additional funding. For other covered transactions, the Council should document their verification of the vendor’s status on the System for Award Management (SAM) Exclusions website.

Corrective Action Plan

2023-003 SUSPENSION AND DEBARMENT Recommendations: CRI recommends the IRL Council implement controls to ensure the Council does not enter a subaward or other covered transaction with a party that is suspended, debarred or otherwise excluded from participating in federal awards. CRI suggests the Council include a clause in the subrecipient contracts stating the contractor is not suspended or debarred. This clause would need to be included in any modifications to the contracts that provide for additional funding. For other covered transactions, the Council should document their verification of the vendor’s status on the System for Award Management (SAM) Exclusions website. Management’s Response: The IRL Council will establish the following policies and controls to monitor and ensure compliance with SAM.gov requirements. • The IRL Council’s procurement process for federally funded projects will include an af􀏔idavit where applicants attach their SAM.gov proof at the time of proposal submission. • The IRL Council staff will review all proposal submissions to include SAM.gov review and provide screenshots of when the information was checked. These screenshots will be saved in the procurement file. • Current vendors and/or recipients of federal funds will be checked for SAM.gov compliance on an annual basis. The annual checks will be screenshot and uploaded into the vendor files. Vendor files will be updated accordingly with the date of the Sam.gov check by Finance. The annual compliance check will be a standard part of the end-of fiscal year closeout process. • Current vendors working on federally funded projects will be checked for SAM.gov compliance at the time of any change order, amendment, or contract adjustment that is requested. At the time of the change order, amendment or contract adjustment Sam.gov compliance will be checked and a Sam.gov screenshot will be uploaded into the vendor files. Responsible Party: Daniel Kolodny, Chief Operating Officer Anticipated Completion Date: December 31, 2024.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 485115 2023-001
    Material Weakness
  • 485116 2023-002
    Significant Deficiency
  • 485118 2023-003
    Significant Deficiency
  • 485119 2023-004
    Significant Deficiency
  • 485120 2023-004
    Significant Deficiency
  • 1061557 2023-001
    Material Weakness
  • 1061558 2023-002
    Significant Deficiency
  • 1061559 2023-003
    Significant Deficiency
  • 1061560 2023-003
    Significant Deficiency
  • 1061561 2023-004
    Significant Deficiency
  • 1061562 2023-004
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
66.456 National Estuary Program $832,199