Finding 499818 (2023-003)

-
Requirement
B
Questioned Costs
$1
Year
2023
Accepted
2024-09-30

AI Summary

  • Core Issue: MTA charged an incorrect hourly rate for personnel services, violating the Allowable Cost Principle under federal guidelines.
  • Impacted Requirements: Non-compliance with 2 CFR Part 200 could lead to reimbursement disallowance from the FTA.
  • Recommended Follow-Up: MTA should review and adjust all personnel rates to ensure compliance with allowable costs requirements.

Finding Text

Reference Number: 2023-003 Federal Agency: U.S. Department of Transportation Federal Program: Federal Transit Cluster Cluster Program: Federal Transit Formula Grants ALN Number: 20.507 Contract Number: U9NY-2019-057-02 Compliance Requirement: Allowable Cost Principal Type of Finding: Deficiency-Non-Compliance (1) CRITERIA Allowable Costs––Direct - As stated in Uniform Grant Guidance - §200 Requirements for Allowable Costs: • Costs did not consist of improper payments, including (1) payments that should not have been made or that were made in incorrect amounts (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; (2) payments that do not account for credit for applicable discounts; (3) duplicate payments; (4) payments that were made to an ineligible party or for an ineligible good or service; and (5) payments for goods or services not received (except for such payments where authorized by law). (2) CONDITION/PERSPECTIVE The MTA has Allowable Costs procedures in place. MTA has corporate policies and procedures regarding Allowable Costs. We tested the Federal Transit Cluster- Federal Transit Formula Grant’s Allowable Costs compliance. Based on our review of sixty samples related to personnel services for this cluster , we noted that one sample related to an MTA Bus Company personnel’s hourly rate which was charged at higher rate. The correct hourly rate was $46.82 and MTA Bus Company used a rate of $60.99. (3) CAUSE MTA did not ensure that all personnel hourly rates were charged at the correct amount. (4) EFFECT The FTA may disallow reimbursement for the incorrect amount reported and MTA may be considered non-compliant related to Allowable Costs compliance related to 2 CFR- Part 200; Subpart E – Allowable Costs. (5) REPEAT FINDING No (6) RECOMMENDATION We recommend that MTA ensure that all personnel are reviewed and should be charged at the correct hourly rates as required by §200 CFR Subpart E – Allowable Costs. (7) QUESTIONED COST Cannot be determined. (8) VIEWS OF RESPONSIBLE OFFICIAL MTA is acknowledging the finding. MTA BUS accounting worked with the project team to implement the correct rate and reparations applied. Also, see “Corrective Action Plan”.

Corrective Action Plan

REFERENCE # 2023-003 Federal Transit Cluster - Federal Transit Formula Grant (ALN # 20.507)- Deficiency-Non-Compliance Agency: U.S. Department of Transportation Criteria: Allowable Costs––Direct - As stated in Uniform Grant Guidance - §200 Requirements for Allowable Costs: • Costs did not consist of improper payments, including (1) payments that should not have been made or that were made in incorrect amounts (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; (2) payments that do not account for credit for applicable discounts; (3) duplicate payments; (4) payments that were made to an ineligible party or for an ineligible good or service; and (5) payments for goods or services not received (except for such payments where authorized by law). Condition/Context: The MTA has Allowable Costs procedures in place. MTA has corporate policies and procedures regarding Allowable Costs. We tested the Federal Transit Cluster- Federal Transit Formula Grant’s Allowable Costs compliance. Based on our review of sixty samples related to personnel services for this cluster , we noted that one sample related to an MTA Bus Company personnel’s hourly rate which was charged at higher rate. The correct hourly rate was $46.82 and MTA Bus Company used a rate of $60.99. Recommendation: We recommend that MTA ensure that all personnel are reviewed and should be charged at the correct hourly rates as required by §200 CFR Subpart E – Allowable Costs. Corrective Action Plan: MTA BUS worked with the project team to implement the correct rate and reparations applied. MTA returned the credit to FTA on August 12, 2024. MTA will review the files thoroughly to prevent calculation errors in the future. Action Date: August 12, 2024 Final Implementation Date: August 12, 2024 Name And Phone Number Of Person Responsible For Implementation: John Decker 718-927-7776

Categories

Questioned Costs Allowable Costs / Cost Principles Cash Management Eligibility

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
20.507 Federal Transit Formula Grants $946.48M
20.525 State of Good Repair Grants Program $701.73M
20.527 Public Transportation Emergency Relief Program $358.94M
20.526 Buses and Bus Facilities Formula, Competitive, and Low Or No Emissions Programs $48.26M
20.507 Covid-19-Federal Transit Formula Grants $26.21M
97.075 Rail and Transit Security Grant Program $23.45M
20.500 Covid-19- Federal Transit Capital Investment Grants $4.45M
20.326 Federal-State Partnership for Intercity Passenger Rail $4.31M
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $3.21M
20.530 Public Transportation Innovation $937,064
20.321 Railroad Safety Technology Grants $375,567
20.301 Railroad Safety $366,258
97.056 Port Security Grant Program $278,467
20.521 New Freedom Program $5,501