Finding 573971 (2023-010)

Significant Deficiency Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2025-08-20
Audit: 364578
Organization: City of Biddeford (ME)

AI Summary

  • Core Issue: The City failed to verify that contractors were not suspended or debarred before entering into contracts exceeding $25,000.
  • Impacted Requirements: This violates 2 CFR 180 guidelines, which mandate verification to prevent contracting with ineligible parties.
  • Recommended Follow-Up: Management should review 2 CFR part 180 and establish procedures to ensure compliance with verification requirements in future contracts.

Finding Text

2023-010 U.S. Department of Treasury, For the Period July 1, 2022 through June 30, 2023, Assistance Listing #21.027 Coronavirus State and Local Fiscal Recovery Funds Criteria: In accordance with 2 CFR 180 OMB Guidelines to Agencies on Government-Wide Debarment and Suspension, non-Federal entities are prohibited from contracting with parties that are suspended or debarred when a covered transaction is expected to equal or exceed $25,000 or meet certain other criteria specified in 2 CFR 180.220. The non-Federal entity must verify the contractor is not suspended or debarred by (1) checking the System for Award Management (SAM) exclusions maintained by the General Services Administration at SAM.gov, (2) collecting a certification from the entity, or (3) adding a clause or condition to the contract with that entity. Condition: During our testing of grant expenditures, we found no evidence the City verified the contractor was not suspended or debarred prior to entering into covered transactions. Cause: The City did not have a procedure in place to ensure compliance with suspension and debarment requirements prior to contracting with a vendor. Effect: The vendor could have been suspended or debarred from entering into a contract funded by Federal grants. Noncompliance can result in the grantor withholding Federal funds for the program. Recommendation: We recommend management review the requirements under 2 CFR part 180 and develop procedures to add to their procurement ordinance to ensure one of the three verifications is present prior to entering into a covered transaction under a Federal grant award. Known Questioned Costs: None Likely Questioned Costs: None

Corrective Action Plan

Management’s Response and Corrective Action Plan: The City implemented a grant management policy specific to verification of contractor suspension, debarment, or pending debarment in accordance with the provisions of 2 CFR Part 180. The policy provides staff with three option for compliance – perform a search and verification through Sam.gov, request a contractor certification upon award, and including a clause in the bid documents and final contract whereas the contractor’s signature affirms compliance. The latter is the preferred method, however the circumstances specific to each grant may be varied. The policy provides flexibility while ensuring compliance. The policy is currently in effect.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 573969 2023-008
    Material Weakness Repeat
  • 573970 2023-009
    - Repeat
  • 573972 2023-008
    Material Weakness Repeat
  • 573973 2023-009
    - Repeat
  • 573974 2023-010
    Significant Deficiency Repeat
  • 573975 2023-008
    Material Weakness Repeat
  • 573976 2023-009
    - Repeat
  • 573977 2023-010
    Significant Deficiency Repeat
  • 1150411 2023-008
    Material Weakness Repeat
  • 1150412 2023-009
    - Repeat
  • 1150413 2023-010
    Significant Deficiency Repeat
  • 1150414 2023-008
    Material Weakness Repeat
  • 1150415 2023-009
    - Repeat
  • 1150416 2023-010
    Significant Deficiency Repeat
  • 1150417 2023-008
    Material Weakness Repeat
  • 1150418 2023-009
    - Repeat
  • 1150419 2023-010
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 American Rescue Plan Act - Covid $5.02M
84.425 Elementary and Secondary School Emergency Relief #2 - Covid $1.69M
11.300 Grants for Public Works and Economic Development $1.16M
84.010 Title Ia, Disadvantaged $967,516
84.425 Elementary and Secondary School Emergency Relief #3 - Covid $691,457
84.027 Local Entitlement $641,236
10.555 National School Lunch Program $628,909
97.036 Disaster Grants - Public Assistance $432,435
21.027 Arp Career and Technical Education - Covid $404,463
97.044 Assistance to Firefighters Grant - 2020 $265,474
14.218 Community Development Block Grant - Entitlement $264,285
10.553 National School Lunch Program - Breakfast Program $246,762
84.425 Learning Management Systems (lms) (arpa) - Covid $176,803
14.900 Lead Hazard Reduction Grant Program $123,796
10.555 Food Donation Program $121,469
84.425 Governor's Emergency Education Relieve Funding (geer) - Covid $101,920
20.106 Airport Improvement Program $96,858
84.048 Career and Technical Education - Perkins Alignment Grant $85,476
84.002 Adult Basic Education $85,351
10.582 Fresh Fruit and Vegetable Program $85,263
10.559 Summer Food Service Program $80,637
84.425 Elementary and Secondary School Emergency Relief #1 - Covid $73,207
10.560 State Administrative Expenses for Child Nutrition: Supply Chain Assistance $66,712
21.027 Arp Extended Learning Opportunities - Covid $62,573
84.010 Title Ia, Reallocation $51,582
16.738 Byrne Justice Assistance Grant - 2023 $41,228
84.367 Title Iia - Supporting Effective Instruction $40,061
84.365 Title III Esl $28,731
10.555 After School Program $27,764
84.027 Local Entitlement - Arp - Covid $24,771
84.173 Preschool $19,764
16.738 Byrne Justice Assistance Grant - 2021 $18,074
84.267 21st Century $17,343
84.425 Arp Homeless Children and Youth I - Covid $16,669
10.649 Pandemic Ebt Administrative Costs: Snap $3,140
10.558 Child and Adult Care Food Program $1,299
16.034 Corona Virus Emergency Supplement - Covid $1,005