Finding 497065 (2022-004)

Material Weakness
Requirement
M
Questioned Costs
$1
Year
2022
Accepted
2024-09-17
Audit: 319773
Organization: Disability Empowerment Center (WA)

AI Summary

  • Core Issue: DEC failed to classify vendors as either subrecipients or subcontractors, leading to noncompliance with federal guidelines.
  • Impacted Requirements: Non-adherence to 2 CFR Part 200.331 and related procurement procedures resulted in a material weakness in internal controls.
  • Recommended Follow-Up: DEC should review federal guidelines and clearly classify each vendor, ensuring contracts align with the appropriate category.

Finding Text

Federal Agency: U.S. Department of Health and Human Services Federal Program Name: ACL Centers for Independent Living Assistance Listing Number: 93.432 Federal Award Identification Number and Year: 2004WAILC3 - 2021 2006WAILC3 - 2021 2104WAILCL - 2022 2106WAILCL - 2022 Pass-Through Agency: N/A Pass-Through Number(s): N/A Award Period: 2004WAILC3 - 4/1/2020-9/30/22 2006WAILC3 - 4/1/20-9/30/22 2104WAILCL - 9/30/21-9/29/23 2106WAILCL - 9/30/21-9/29/23 Type of Finding: Subrecipient Monitoring/Procurement • Material Weakness in Internal Control over Compliance • Material Noncompliance (Modified Opinion) Criteria or specific requirement: Per 2 CFR Part 200.331, a pass-through entity must make case-by-case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a subcontractor. If a subrecipient has been identified, per 2 CFR Part 200, Subpart F, pass through entities must notify subrecipients that they are receiving Federal funds as a subrecipient and must therefore comply with federal statutes, regulations, and the terms and conditions of the award. Additionally, pass through entities must keep documentation of monitoring the subaward. The pass through entity must have a control process in place to ensure it is in compliance with federal requirements related to subrecipient monitoring. If a subcontractor has been identified (and payment is above the micro-purchase threshold), per 2 CFR Part 200, Subpart D, the entity must have and use documented procurement procedures such as drafting a procurement policy, obtaining qualified bids, performing cost analyses and justifying reason for final selection. Condition: While there existed sophisticated procedures for reviewing, approving and monitoring applicants, they did not meet all of the Federal requirements for either that of subrecipients or subcontractors. Questioned costs: $62,857 In known questioned costs. Context: Upon receipt of the Federal ACL CARES ACT grants, the instructions were to use and disseminate the funds within the community for the purposes of supporting individuals with disabilities who were impacted by COVID and creating professional relationships in further support of individuals with disabilities. DEC was not aware of the Federal Uniform Guidance guidelines requiring DEC to make the determination of whether the vendors meet the characteristics of a subrecipient or a subcontractor and therefore did not follow the required procedures. This is an isolated instance due to the specific nature of the CARES ACT funds as DEC is not able to engage in these activities with other Federal grants. Cause: DEC did not designate these vendors as either subrecipients or subcontractors and therefore did not follow the Federal Uniform Guidance guidelines. Effect: Pass through entities, subcontractors and/or subrecipients could be out of compliance and misusing Federal funds. Repeat Finding: No Recommendation: CLA recommends DEC review the Uniform Guidance in relation to subrecipients and subcontractors, and for each vendor under contract, make a clear determination of which type of contract they fall under. Contracts should be drafted in conformity with either subrecipients or subcontractors (as directed by the Uniform Guidance). Views of responsible officials: There is no disagreement with the audit finding.

Categories

Questioned Costs Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 497053 2022-004
    Material Weakness
  • 497054 2022-005
    Material Weakness
  • 497055 2022-006
    Significant Deficiency
  • 497056 2022-007
    Material Weakness
  • 497057 2022-004
    Material Weakness
  • 497058 2022-005
    Material Weakness
  • 497059 2022-006
    Significant Deficiency
  • 497060 2022-007
    Material Weakness
  • 497061 2022-004
    Material Weakness
  • 497062 2022-005
    Material Weakness
  • 497063 2022-006
    Significant Deficiency
  • 497064 2022-007
    Material Weakness
  • 497066 2022-005
    Material Weakness
  • 497067 2022-006
    Significant Deficiency
  • 497068 2022-007
    Material Weakness
  • 1073495 2022-004
    Material Weakness
  • 1073496 2022-005
    Material Weakness
  • 1073497 2022-006
    Significant Deficiency
  • 1073498 2022-007
    Material Weakness
  • 1073499 2022-004
    Material Weakness
  • 1073500 2022-005
    Material Weakness
  • 1073501 2022-006
    Significant Deficiency
  • 1073502 2022-007
    Material Weakness
  • 1073503 2022-004
    Material Weakness
  • 1073504 2022-005
    Material Weakness
  • 1073505 2022-006
    Significant Deficiency
  • 1073506 2022-007
    Material Weakness
  • 1073507 2022-004
    Material Weakness
  • 1073508 2022-005
    Material Weakness
  • 1073509 2022-006
    Significant Deficiency
  • 1073510 2022-007
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
93.432 Acl Centers for Independent Living $233,856
93.369 Acl Independent Living State Grants $120,470