Finding 530151 (2024-002)

Significant Deficiency Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-03-25

AI Summary

  • Core Issue: The County failed to document suspension and debarment status for three out of seven vendors before awarding contracts, leading to non-compliance with federal regulations.
  • Impacted Requirements: This finding violates 2 CFR 200.213 and 2 CFR 200.303(a), which mandate proper internal controls and checks against debarred entities.
  • Recommended Follow-Up: The County should apply its own suspension and debarment policies to all contracts, including piggyback agreements, and ensure thorough documentation of compliance checks.

Finding Text

Reference Number: 2024-002 Federal Agency: U.S. Department of the Treasury Federal Program: Coronavirus State and Local Fiscal Recovery Funds (American Rescue Plan Act) Assistance Listing Number: 21.027 Federal Award Identification Number Not Available Federal Award Year 2024 Pass-Through Agency: N/A Pass-Through Number: N/A Compliance Requirement: Suspension and Debarment Award Period: 7/1/2023 - 6/30/2024 Type of Finding: Significant Deficiency in Internal Control Over Compliance, Other Matters Criteria or specific requirement: Compliance: 2 CFR 200.213 Suspension and Debarment restricts awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. 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 (7) Distribution of work to individuals and firms or economic considerations. 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 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: The County could not provide supporting documentation that suspension and debarment status was determined prior to award. Context: The suspension and debarment status for three out of seven vendors was not documented. Questioned costs: There are no questioned costs related to this finding as the vendors were not federally suspended or debarred. Cause: The County relied on State policies and procedures for suspension and debarment for State piggyback contracts, rather than applying their own established controls to these contracts. Effect: The County is not in compliance with federal suspension and debarment regulations. Repeat Finding: The finding is a repeat of a finding in the immediate prior year. Prior year finding number was 2023-001. Recommendation: The County should ensure that established policies and procedures related to suspension and debarment are applied to all contracts, even for piggyback agreements adopted from the state. Views of Responsible Officials and Planned Corrective Action: The County regularly checks Sam.gov for suspension and debarment transactions. We relied on state policies and procedures regarding the contracts in question as they were piggyback contracts. Moving forward, we will ensure thorough documentation of our reviews to maintain diligence in this area.

Corrective Action Plan

U.S. Department of the Treasury – Assistance Listing No. 21.027 Recommendation: The County should ensure that all established policies and procedures concerning suspension and debarment are consistently applied to every contract, including those that are adopted from state agreements. Action taken in response to finding: The County regularly checks Sam.gov suspension and debarment transactions. We relied on state policies and procedures regarding the contracts in question as they were piggy back contracts. Moving forward, we will ensure thorough documentation of our reviews to maintain diligence in this area. Name of the contact person(s) responsible for corrective action: Susan Durham, Finance Director Planned completion date for corrective action plan: March 2025.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1106593 2024-002
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $5.74M
10.760 Water and Waste Disposal Systems for Rural Communities $723,749
66.458 Clean Water State Revolving Fund $586,134
97.067 Homeland Security Grant Program $288,980
97.042 Emergency Management Performance Grants $123,191
97.137 State and Local Cybersecurity Grant Program Tribal Cybersecurity Grant Program $98,172
14.239 Home Investment Partnerships Program $61,864
15.659 National Wildlife Refuge Fund $46,386
20.703 Interagency Hazardous Materials Public Sector Training and Planning Grants $1,602
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $1,496
14.256 Neighborhood Stabilization Program (recovery Act Funded) $156