Finding 497465 (2023-001)

Significant Deficiency
Requirement
M
Questioned Costs
-
Year
2023
Accepted
2024-09-20

AI Summary

  • Core Issue: The Society lacks a formal policy for subaward agreements with subrecipients, which is necessary for compliance with federal regulations.
  • Impacted Requirements: Monitoring must include reviewing financial and programmatic reports, addressing deficiencies, and issuing management decisions as per OMB guidelines.
  • Recommended Follow-Up: Develop and implement a compliant subaward agreement policy to ensure funds are used appropriately and meet federal standards.

Finding Text

2023-001 - Internal Controls over Subrecipient Monitoring (SD, NC) Federal Program Title: Coronavirus State and Local Fiscal Recovery Funds Federal Catalog Number: 21.027 Federal Agency: U.S. Department of Treasury Category of Finding: Subrecipient Monitoring Criteria: Pursuant to the Office of Management and Budget (OMB) 2 CFR Part 200, Appendix XI, Compliance Supplement May 2023, sections 3-M-1 and 3-M-2: A recipient must monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, complies with the terms and conditions of the subaward, and achieves performance goals (2 CFR sections 200.332(d) through (f)). In addition to procedures identified as necessary based upon the evaluation of subrecipient risk or specifically required by the terms and conditions of the award, subaward monitoring must include the following: 1. Reviewing financial and programmatic (performance and special reports) required by the PTE. 2. Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the PTE detected through audits, on-site reviews, and other means. 3. Issuing a management decision for audit findings pertaining to the federal award provided to the subrecipient from the PTE as required by 2 CFR section 200.521. Condition: While the Society currently has policies and procedures for monitoring subrecipients, it does not have a policy specifically relating to subaward agreements between the Society and its subrecipients that is compliant with applicable Federal statutes per 2 CFR part 200, Appendix XI, Compliance Supplement May 2023, sections 3-M-1 and 3-M-2. No formal subaward agreement was drafted by the Society and its subrecipient. Cause: Lack of formal policies specifically addressing federal requirements for subaward agreements. Effect or Potential Effect: Although the Society has existing policies and procedures for monitoring, the absence of a formal subaward agreement compliant with federal regulations may potentially result in the Society sending funds to subrecipients for activities and services that are nonconforming to allowed costs under the Uniform Guidance. Questioned Cost: None Context: During the audit, we did not receive a copy of the subaward between the Society and its subrecipient. Repeat of a Prior-Year Finding: No.

Corrective Action Plan

Recommendation: We recommend the Society to establish an official written policy for subrecipient monitoring that is in line with the requirements of the Uniform Guidance. The policy should contain components for compliance with and references to Federal requirements, such as review of reports requested from the subrecipient regarding project status, reviewing invoices to ensure spending is limited to expenses involving approved projects, and proper approval procedures key personnel perform to ensure these invoices are valid. Management Response and Corrective Action Plan Management's Response: We appreciate the auditor's thorough review and recommendations regarding our subrecipient monitoring processes. Legal Aid Society of San Bernardino is committed to maintaining the highest standards of compliance with federal regulations and ensuring proper oversight of subawards. We acknowledge the importance of having a comprehensive written policy that aligns with the requirements set forth in 2 CFR part 200, Appendix XI, Compliance Supplement May 2023, sections 3-M-1 and 3-M-2. Corrective Action Plan: 1. Formalize written policy: We will document our existing subrecipient monitoring practices into a comprehensive written policy that fully aligns with 2 CFR part 200, Appendix XI, Compliance Supplement May 2023, sections 3-M-1 and 3-M-2. This policy will include: a. Detailed procedures for reviewing financial and programmatic reports from subrecipients b. Guidelines for following up on and addressing any identified deficiencies c. Clear references to relevant Federal requirements 2. Standardize subaward agreements: We will develop a standardized subaward agreement template that incorporates all required elements as specified in the Uniform Guidance. This will ensure consistency and compliance across all subawards. 3. Enhance approval protocols: We will fortify our existing two-party approval system and bill.com submission process for payments. This reinforced procedure will ensure rigorous oversight and thorough validation of all subrecipient expenses, maintaining a robust checks and balances system that aligns with federal compliance requirements. 4. Implement regular reporting: We will continue our practice of requesting 6-month and end-of-year reports from subrecipients. This will help us monitor processes, identify any budget or client service deviations, and ensure ongoing compliance with subrecipient monitoring requirements. 5. Establish policy review process: We will implement an annual review of our subrecipient monitoring policies to ensure they remain current with any changes in Federal regulations. Planned Implementation Date: November 30, 2024 Responsible Person: Pablo Ramirez, Executive Director

Categories

Subrecipient Monitoring

Other Findings in this Audit

  • 1073907 2023-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Ocal Fiscal Recovery Funds $461,394
14.537 Eviction Protection Grant Program $458,612
21.026 Homeowner Assistance Fund $243,317
14.218 Covid-19 - Community Development Block Grants $13,820
14.218 Community Development Block Grants / Entitlement Grants $10,121