Finding 567904 (2023-006)

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Requirement
I
Questioned Costs
-
Year
2023
Accepted
2025-06-27
Audit: 360250
Organization: American Thoracic Society, Inc. (NY)

AI Summary

  • Core Issue: ATS failed to check SAM.gov for suspended or debarred contractors before entering contracts.
  • Impacted Requirements: This oversight violates 2 CFR §200.303 and 2 CFR §200.214, which mandate effective internal controls and compliance with debarment regulations.
  • Recommended Follow-Up: Continue including a debarment certification in all new contracts to ensure compliance with federal guidelines.

Finding Text

Information on Federal Programs: 93.083 – Centers for Disease Control and Prevention: Prevention of Disease, Disability, and Death through Immunization & Control of Respiratory & Related Diseases. Criteria or Specific Requirements: According to 2 CFR §200.303, the 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 be in compliance 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 COSO. Additionally, according to 2 CFR §200.214, the non-Federal entity is subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. The regulations in 2 CFR part 180 restrict 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. Condition: During our audit, we noted that ATS did not perform checks via SAM.gov to ensure that potential contractors or consultants were not suspended or debarred. Cause: Management did not have internal control procedures in place to ensure that suspension and debarment checks were being performed prior to entering into contracts with contractors and consultants. Effect: The failure to screen such parties increases the possibility that U.S. Government funds may inadvertently be provided to individuals or organizations deemed to be suspended or disbarred by the U.S. Government. Perspective: ATS established a new process where a debarment certification representation paragraph is automatically included on all the contractor agreements. ATS also issued contract modifications which included the debarment certification for all contracts signed prior to the change. Within a random sample of 24 disbursements, 17 disbursements to 3 contractors would have required compliance with the suspension and debarment check. Questioned Costs: Questioned costs were not identified. Repeat Finding: Not applicable. Recommendation: ATS should continue including the debarment certification paragraph on all new contracts to ensure compliance with the Uniform Guidance going forward.

Corrective Action Plan

Views of Responsible Officials and Planned Corrective Actions: Agree with recommendation. Prior to executing a contract, employees with responsibility for engaging contractors and consultants funded by a Federal award will be required to check SAM.gov. This step will be included in the procurement policy.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
93.083 Prevention of Disease, Disability, and Death Through Immunization and Control of Respiratory and Related Diseases $1.04M