Finding 58750 (2022-002)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-08-13
Audit: 55034
Organization: Bartholomew County (IN)

AI Summary

  • Core Issue: The County failed to verify vendor suspension and debarment status before making payments over $25,000 from COVID-19 recovery funds.
  • Impacted Requirements: Noncompliance with federal regulations on procurement and suspension/debarment, risking future federal funding.
  • Recommended Follow-Up: Establish a robust internal control system with clear policies and procedures to ensure compliance with verification requirements before contracts or subawards.

Finding Text

FINDING 2022-002 Subject: COVID-19 - Coronavirus State and Local Fiscal Recovery Funds - Suspension and Debarment Federal Agency: Department of the Treasury Federal Program: COVID-19 - Coronavirus State and Local Fiscal Recovery Funds Assistance Listings Number: 21.027 Federal Award Number and Year (or Other Identifying Number): 2022 Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Condition and Context The County elected to receive the standard revenue loss allowance, allowing the County to claim up to $10 million of its total State and Local Fiscal Recovery Funds (SLFRF) allocation of $16,273,089 as revenue loss to use for government services. During 2022, the County expended SLFRF award funds in the following categories: Public Health, Revenue Loss, and Infrastructure. The U.S. Department of the Treasury determined there are no subawards under the Revenue Loss eligible use category, and that recipients' use of revenue loss funds would not give rise to subrecipient relationships given there is no federal program or purpose to carry out in the case of the revenue loss portion of the award. Prior to entering into subawards and covered transactions with SLFRF award funds, recipients are required to verify that such contractors and subrecipients are not suspended, debarred, or otherwise excluded. "Covered transactions" include, but are not limited to, contracts for goods and services awarded under a non-procurement transaction (i.e., grant agreement) that are expected to equal or exceed $25,000. The verification is to be done by checking the Excluded Parties List System (EPLS), collecting a certification from that person, or adding a clause or condition to the covered transaction with that person. The County did not have any policies or procedures in place related to the SLFRF suspension and debarment requirements. A population of nine vendors paid from SLFRF funds during the audit period were identified that had transactions which equaled or exceeded $25,000. Three vendors were selected for testing to verify if the County had verified if the vendor was suspended, debarred, or otherwise excluded, prior to entering in the covered transaction. One set of vendor transactions, in the amount of $805,530, was made for the mechanical upgrades to the Bartholomew County Jail. Although bids were obtained, the vendor's suspension and debarment was not verified prior to payment. The second transaction selected for testing in the amount of $44,808 was made for the purchase of a 2022 Chrysler Pacifica van. Several quotes were obtained and maintained; however, the purchase was ultimately made without verifying the vendor's suspension and debarment status. The third set of transactions tested in the amount $476,086 was for the Fairgrounds Water and Sewer project. Although bids were obtained, the suspension and debarment status was not verified prior to payment. The lack of internal controls and noncompliance were systemic issues throughout the audit period. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) 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 the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 2 CFR 200.214 states: "Non-Federal entities are 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." 31 CFR 19.300 states: "When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you intend to do business is not excluded or disqualified. You do this by: (a) Checking the EPLS; or (b) Collecting a certification from that person if allowed by this rule; or (c) Adding a clause or condition to the covered transaction with that person." Cause A proper system of internal controls was not designed by management of the County. Embedded within a properly designed and implemented internal control system should be internal controls consisting of policies and procedures. Policies reflect the County's management of what should be done to effect internal controls, and procedures should consist of actions that would implement these policies. Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, vendors to whom payments equal to or in excess of $25,000 were not verified to be not suspended, debarred, or otherwise excluded. Noncompliance with the provisions of federal statutes, regulations, and the terms and conditions of the federal award could result in the loss of future federal funding to the County. Questioned Costs There were no questioned costs identified. Recommendation We recommended that management of the County establish a proper system of internal controls and develop policies and procedures to ensure contractors and subrecipients, as appropriate, are not suspended, debarred, or otherwise excluded prior to entering into any contracts or subawards. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Corrective Action Plan

FINDING 2022-002 Contact Person Responsible for Corrective Action: Pia O?Connor, Auditor Contact Phone Number: (812) 379-1510 Views of Responsible Official: I agree with the findings as stated Description of Corrective Action Plan: The Auditor?s Office will continue to work with the Commissioner?s Office and other county departments to improve upon the process of administering the COVID-19 Coronavirus State and Local Fiscal Recovery Fund. The County will implement a Procurement, Suspension and Debarment Policy. By establishing this system of Internal Controls and developing the proper policies and procedures, this should help ensure contractors and sub recipients, as appropriate are not suspended, debarred or otherwise excluded prior to entering any contacts or sub awards. The Auditor?s Office continues to work with the Commissioners to improve the process of administering the COVID-19 Coronavirus State and Local Fiscal Recovery Funds. This includes, but is not limited to, internal controls and procurement, suspension and debarment processes. Anticipated Completion Date: Policy and Procedures will be implemented by December 31, 2023

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 58751 2022-003
    Material Weakness
  • 635192 2022-002
    Material Weakness
  • 635193 2022-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $3.88M
93.563 Child Support Enforcement $673,845
16.593 Residential Substance Abuse Treatment for State Prisoners $181,222
16.034 Coronavirus Emergency Supplemental Funding Program $180,341
20.205 Highway Planning and Construction $156,971
16.575 Crime Victim Assistance $149,227
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response $144,244
93.268 Immunization Cooperative Agreements $131,988
16.585 Drug Court Discretionary Grant Program $117,318
16.588 Violence Against Women Formula Grants $54,825
97.042 Emergency Management Performance Grants $44,956
21.019 Coronavirus Relief Fund $43,394
20.600 State and Community Highway Safety $16,206
93.069 Public Health Emergency Preparedness $12,113
10.555 National School Lunch Program $10,242
20.703 Interagency Hazardous Materials Public Sector Training and Planning Grants $9,561
10.553 School Breakfast Program $6,609
93.788 Opioid Str $5,000
16.540 Juvenile Justice and Delinquency Prevention_allocation to States $4,500