Finding 516272 (2024-001)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2024-12-20

AI Summary

  • Core Issue: The Board failed to verify the suspension and debarment status of one vendor before engaging in covered transactions.
  • Impacted Requirements: Compliance with 2 CFR 180.300, which mandates verification of vendor status to avoid contracting with suspended or debarred parties.
  • Recommended Follow-Up: Revise policies to include all verification methods outlined in 2 CFR 180.300 and strengthen internal controls for vendor status checks.

Finding Text

2024-001 Federal Agency: U.S. Department of Treasury Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Federal Award Identification Number and Year: None Pass-Through Agency: Maryland State Department of Education Pass-Through Number: 211837-01 Award Period: 3/3/2021 – 12/31/2024 Type of Finding: Significant Deficiency in Internal Control over Compliance, Other Matters Criteria or Specific Requirement: Compliance: Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria as specified in 2 CFR section 180.220. All non-procurement transactions entered into by a pass-through entity (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. 2 CFR 180.300 states that an entity may determine suspension and debarment status by: (a) Checking SAM (System for Award Management) Exclusions; or (b) Collecting a certification from that person; or (c) Adding a clause or condition to the covered transaction with that person. Control: Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-federal entity is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should comply with the guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control-Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).Condition/Context: For one of five vendors selected for testing, the Board was unable to provide documentation that it had verified the suspension and debarment status before entering into covered transactions with the vendor. Questioned Costs: There are no questioned costs related to this finding as the vendor was not federally suspended or debarred. Cause: The Board’s procedures and internal controls over suspension and debarment are not sufficient to ensure that all vendors’ suspension and debarment status was verified timely. Effect: Failure to verify the suspension and debarment status of vendors may result in the procurement of goods or services from vendors that are suspended or debarred and result in unallowable expenditures charged to the program. Repeat Finding: No Recommendation: We recommend that the Board review its policies and procedures to ensure they include the three options for determining suspension and debarment status listed in 2 CFR 180.300 and that controls are sufficient to ensure that the suspension and debarment status is verified for all vendors prior to entering into covered transactions. Views of responsible officials: There is no disagreement with the finding.

Corrective Action Plan

2024-001 Federal Agency: U.S. Department of Treasury Federal Program Name: Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Federal Award Identification Number and Year: None Pass-Through Agency: Maryland State Department of Education Pass-Through Number: 211837-01 Award Period: 3/3/2021 – 12/31/2024 Type of Finding: Significant Deficiency in Internal Control over Compliance, Other Matters Recommendation: We recommend that the Board review its policies and procedures to ensure they include the three options for determining suspension and debarment status listed in 2 CFR 180.300 and that controls are sufficient to ensure that the suspension and debarment status is verified for all vendors prior to entering into covered transactions. Explanation of disagreement with audit finding: There is no disagreement with the audit finding. Action taken in response to finding: The Purchasing Office had processes in place to ensure debarment status was checked before contract award. Both the contract checklist (attached) and the Qualifications Affidavit in the solicitation template contained debarment status language to ensure the necessary checks took place. Despite these processes, a contract for curriculum materials was not checked for debarment status before contract award. The cause of that oversight seems to be the different procurement processes used in instructional materials procurements. The contract was not competitively awarded, so they did not require a qualifications affidavit, which would have ensured the debarment status was checked. In this instance, a checklist was not included in the contract file as required, which would have also triggered a debarment check. In response, the Purchasing Office is adding a third layer of oversight - requiring that a revised contract affidavit (sample attached) is completed for every contract award. Language was added to the current contract affidavit that contains an affirmation by the contractor that they are not suspended or debarred by any government entity – local, state, and federal. The relevant section is highlighted in the attachment. To summarize, the Purchasing Office will engage the three processes listed below to ensure timely debarment checks are conducted on every contract, regardless of funding source. 1) Contract Checklist 2) Qualifications Affidavit 3) Contract Affidavit Name(s) of the contact person(s) responsible for corrective action: Mary Jo Childs Director of Purchasing Planned completion date for corrective action plan: For immediate implementation and ongoing.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring

Other Findings in this Audit

  • 516273 2024-002
    Significant Deficiency
  • 1092714 2024-001
    Significant Deficiency
  • 1092715 2024-002
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
12.600 Community Investment $23.53M
10.555 National School Lunch Program $16.22M
84.041 Impact Aid $5.89M
10.553 School Breakfast Program $5.64M
21.027 Coronavirus State and Local Fiscal Recovery Funds $3.19M
10.558 Child and Adult Care Food Program $529,396
10.559 Summer Food Service Program for Children $395,056
84.027 Special Education Grants to States $347,023
84.424 Student Support and Academic Enrichment Program $248,891
12.556 Competitive Grants: Promoting K-12 Student Achievement at Military-Connected Schools $248,193
93.575 Child Care and Development Block Grant $215,000
84.184 School Safely National Activities $208,809
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $115,006
84.051 Career and Technical Education -- National Programs $81,000
84.196 Education for Homeless Children and Youth $73,143
84.048 Career and Technical Education -- Basic Grants to States $65,413
84.181 Special Education-Grants for Infants and Families $61,196
93.434 Every Student Succeeds Act/preschool Development Grants $37,426
84.365 English Language Acquisition State Grants $31,374
84.010 Title I Grants to Local Educational Agencies $23,022
84.425 Education Stabilization Fund $9,736
84.173 Special Education Preschool Grants $9,000
10.649 Pandemic Ebt Administrative Costs $6,180