Finding Text
Finding No.: 2022-005
Federal Agency: U.S. Department of Education
AL Program: 84.027 Special Education – Grants to States
Area: Procurement and Suspension and Debarment
Questioned Costs: $0
Criteria:
In accordance with applicable procurement and suspension and debarment requirements, all
contracts made by the non-Federal entity under the Federal award must contain applicable
provisions. Contractors that apply or bid for an award exceeding $100,000 must file the required
certification under the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Each such contractor
certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
among others.
Condition:
For 9 (or 53%) of 17 purchase orders (POs), no Byrd Anti-Lobbying certification was provided,
as follows:
Cause:
GDOE did not establish and implement controls over compliance with applicable procurement and
suspension and debarment requirements relative to Byrd Anti-Lobbying certifications.
Effect:
GDOE is in noncompliance with applicable procurement and suspension and debarment
requirements relative to Byrd Anti-Lobbying certifications. No questioned cost is presented as we
are unable to quantify the extent of noncompliance. Subsequently, on 10/13/2023, GDOE effected
partial corrective action by obtaining the required certification for PO 20213366.
Recommendation:
Responsible personnel should establish and implement controls over compliance with applicable
procurement and suspension and debarment requirements relative to Byrd Anti-Lobbying
certifications. Prior to providing a signed purchase order to the selected contractor, responsible
personnel should verify that the contractor has provided the required Byrd Anti-Lobbying
certification.
Views of Responsible Officials:
GDOE agrees with the finding. GDOE included Byrd Anti-Lobbying Amendment as a provision
of certain contracts, however the records were absent the required certification per 2 CFR
Appendix-II-to-Part-200(I).
GDOE’s Corrective Action Plan includes additional details.