Finding 607705 (2022-002)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-03-05
Audit: 30245
Organization: Stockton Port District (CA)
Auditor: Eide Bailly LLP

AI Summary

  • Core Issue: Contracts lacked required provisions from 2 CFR 200.327, specifically regarding termination clauses for contracts over $10,000.
  • Impacted Requirements: Non-compliance with federal regulations due to missing provisions in procurement contracts.
  • Recommended Follow-up: Strengthen procurement procedures to ensure all necessary contract provisions are included.

Finding Text

Federal Agency: U.S. Department of Homeland Security Federal Financial Assistance Listing: 97.056 Applicable Federal Award Number: EMW-2019-PU-00447 & EMW-2020-PU-00288 Program Name: Port Security Grants Program Compliance Requirement: Procurement Type of Finding: Significant Deficiency, Instance of Non-compliance Criteria: 2 CFR 200.327 requires that the non-federal entity?s contracts must contain the applicable provisions described in appendix II of 2 CFR 200. Condition: We identified 3 instances in which contracts (agreements, purchases, etc.) did not include the applicable provisions from appendix II of 2 CFR 200. The contracts did not include provision (B) requiring that all contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. Cause: The District?s procurement procedures did not ensure that all required provisions were included in the contract. Effect: The District did not comply with the requirements of 2 CFR 200.327. Questioned Costs: None reported. Context/Sampling: A non-statistical sample of 5 procurement actions out of a population of 13 procurement actions were selected for testing. Repeat Finding from Prior Year(s): No. Recommendation: We recommend that the District strengthen its procurement procedures to ensure that all required provisions are included in its contracts. Views of Responsible Officials: Management Agrees. See separate corrective action plan.

Categories

Procurement, Suspension & Debarment Significant Deficiency

Other Findings in this Audit

  • 31263 2022-002
    Significant Deficiency
  • 31264 2022-003
    Significant Deficiency
  • 31265 2022-002
    Significant Deficiency
  • 31266 2022-003
    Significant Deficiency
  • 607706 2022-003
    Significant Deficiency
  • 607707 2022-002
    Significant Deficiency
  • 607708 2022-003
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
20.823 Port Infrastructure Development Program (b) $3.44M
97.056 Port Security Grant Program $332,435
20.205 Highway Planning and Construction $-326,629