Finding 504808 (2023-002)

The Town’s internal controls were inadequate for ensuring compliance with federal procurement requirements. Assistance Listing Number and Title: 10.760 – Water and Waste Disposal Systems for Rural Communities Federal Grantor Name: U.S. Department of Agriculture Federal Award/Contract Number: N/A Pass-through Entity Name: N/A Pass-through Award/Contract Number: N/A Known Questioned Cost Amount: $0 Prior Year Audit Finding: No Background The Water and Waste Disposal Program is designed to help rural communities obtain safe drinking water and adequate waste disposal facilities. The Town spent $4,712,788 in federal funding through this program in 2023. Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Federal regulations also require recipients to follow their own documented procurement procedures, which must conform to the Uniform Guidance procurement standards found in 2 CFR 200.318-327. The procedures must reflect the most restrictive of applicable federal, state or local procurement thresholds and methods when using federal funds to procure goods and services. Additionally, federal regulations require recipients to maintain written standards of conduct covering conflicts of interest and governing the actions of employees involved in selecting, awarding or administering contracts procured with federal funds. Description of Condition Our audit found the Town’s internal controls were ineffective for ensuring compliance with federal procurement requirements. Although the Town has a written procurement policy, it did not ensure its policy conformed to the most restrictive methods and thresholds for procuring public works projects, competitive proposals and small purchases. Additionally, the Town’s policy did not include other required elements such as micro-purchases, piggybacking, requesting proposals for architecture and engineering services, contract cost and price analysis, bonding requirements and more. Also, our audit found the Town does not have a written standards of conduct or conflict-of-interest policy or procedures, as federal regulations require. We consider these deficiencies in internal controls to be a significant deficiency. Cause of Condition The Town has not received a federal compliance audit recently and was unaware of the Uniform Guidance requirements until August 2023, when our Office issued a recommendation during the last accountability audit. The Town updated its procurement policy and its personnel policy that includes conflict-of-interest elements in September and August 2023, which was after the Town procured its public works project in 2022. Effect of Condition Although the Town’s policies and procedures do not conform to federal regulations, it complied with federal requirements for soliciting and awarding public works contracts. However, without written procedures, the Town is at greater risk of noncompliance with the most restrictive of federal, state or local procurement methods and requirements when procuring contractors that it pays all or in part with federal funds. Recommendation We recommend the Town ensure its written procurement procedures conform to the most restrictive of federal, state or local requirements as required. Town’s Response Town Officials will ensure that its procurement procedures conform to the most restrictive of federal, state and local requirements. Auditor’s Remarks We thank the Town for its cooperation and assistance during the audit and acknowledge its commitment to improving the condition described. We will review the status of this issue during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR Part 200, Uniform Guidance, section 318, General procurement standards, establishes requirements for written procedures.