Finding 504522 (2024-001)

Significant Deficiency Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2024-11-04
Audit: 327088
Organization: Narragansett Bay Commission (RI)

AI Summary

  • Core Issue: Several contracts for WIFIA funded projects lacked necessary language for federal compliance, particularly regarding lobbying restrictions and outdated guidance.
  • Impacted Requirements: Contracts must include specific federal compliance language; failure to do so violates procurement standards.
  • Recommended Follow-Up: NBC should implement procedures to ensure all future contracts meet compliance requirements and update existing contracts with the latest WIFIA guidance by March 30, 2025.

Finding Text

Criteria – When procuring and executing contracts for WIFIA funded projects, procurement documents and contracts must include language to ensure compliance with federal requirements. Condition – During our test of controls and compliance with procurement requirements, we noted the following: • Eight professional service contracts and related contract amendments did not include all the applicable language to ensure compliance with federal WIFIA requirements. Specifically, language related to federal lobbying restrictions was not included in the contracts and related amendments. • One construction contract did not include the required language to ensure compliance with federal WIFIA requirements. • Certain construction contracts tested included an older version of the WIFIA Borrower’s Guide to Federal Requirements Appendix, which outlines the Specification Package and Bid Contract Language. Cause – • NBC was not aware that certain language was required to be included in professional service contracts. • NBC did not adhere to established policies and procedures. • NBC had not updated the construction contracts to include the most current WIFIA contract language. Effect - NBC did not include in all the contract procurement documents selected for testing the required language to ensure compliance with federal program requirements. Questioned Costs – None. Recommendation – We recommend that NBC follow established procedures for all WIFIA funded contracts to ensure compliance with procurement requirements. The procedures should ensure that the applicable language related to compliance with federal program requirements is included in the contracts and procurement documents. We also recommend that NBC confirm that the most current WIFIA guidance is utilized when preparing WIFIA funded contracts and procurement documents. Corrective Action Plan/Auditee Views –- NBC will implement procedures for all WIFIA funded contracts to ensure compliance with applicable procurement requirements. Specifically, the procedures will ensure that the applicable language related to compliance with federal program requirements is included in the contracts and procurement documents. NBC will also confirm that the most current WIFIA guidance is utilized when preparing WIFIA funded contracts and procurement documents moving forward. NBC will also amend previously executed, but still active, professional service contracts to include the required contract language. Anticipated Completion Date – March 30, 2025 Contact Person - David Bowen, Director of Construction and Engineering

Corrective Action Plan

Narragansett Bay Commission Corrective Action Plan For the Fiscal Year Ended June 30, 2024 NBC will implement procedures for all WIFIA funded contracts to ensure compliance with applicable procurement requirements. Specifically, the procedures will ensure that the applicable language related to compliance with federal program requirements is included in the contracts and procurement documents. NBC will also confirm that the most current WIFIA guidance is utilized when preparing WIFIA funded contracts and procurement documents moving forward. NBC will also amend previously executed, but still active, professional service contracts to include the required contract language.Anticipated Completion Date – March 30, 2025Contact Person – David Bowen, Director of Construction and Engineering

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 504523 2024-001
    Significant Deficiency Repeat
  • 1080964 2024-001
    Significant Deficiency Repeat
  • 1080965 2024-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
66.458 Clean Water State Revolving Fund $13.31M
66.958 Water Infrastructure Finance and Innovation (wifia) $2.41M