Finding Text
ALN Number, Federal Agency, and Program Name - COVID-19 Education Stabilization Fund - Higher Education Emergency Relief Fund - CFDA 84.425F Finding Type - Material weakness and material noncompliance with laws and regulations Repeat Finding - Yes - 2021-001 Criteria - The College is required to have a policy in place to ensure it is in compliance with "Never Contract with the Enemy" (2 CFR Part 183) and verifying that a contractor is not debarred, suspended, or otherwise excluded from doing business with federal assistance programs or activities (2 CFR Sections 200.212 and 200.318(h); 2 CFR section 180.300; 48 CFR Section 52.209-6). In addition, the College's procurement policy should align with 2 CFR section 200.318-327. Condition - The College did not have a policy in place to ensure it was complying with "Never Contract with the Enemy" and verifying that a contractor is not debarred, suspended, or otherwise excluded from doing business with federal assistance programs or activities. In addition, the College's policy does not include all provisions in 2 CFR Section 200 318-327. Questioned Costs - None Identification of How Questioned Costs Were Computed - N/A Context - The one sample selected for procurement testing was not reviewed to ensure it was in compliance with "Never Contract with the Enemy," and it was not verified that the contractor was not debarred, suspended, or otherwise excluded from doing business with federal assistance programs or activities. The sample met the other requirements of 2 CFR Section 200.318-327, although it is not formally documented in the College's policy. Cause and Effect - The College does not have a control or policy in place to ensure it was in compliance with "Never Contract with the Enemy" and verifying that a contractor is not debarred, suspended, or otherwise excluded from doing business with federal assistance programs or activities. As a result, the College is not reviewing contracts to ensure it is in compliance with the regulation. The College has not updated its procurement policy since 2018 and does not include all Uniform Guidance provisions in the current policy. Recommendation - The College should implement controls and a policy to ensure it is in compliance with "Never Contract with the Enemy" and verify that a contractor is not debarred, suspended, or otherwise excluded from doing business with federal assistance programs or activities. It should also compare the current policy to 2 CFR Section 200.318-327 and update it as it relates to purchases made using federal funds. Views of Responsible Officials and Corrective Action Plan - An Albion College ?Never Contract with the Enemy? policy will be put into place and have the following conditions within the policy: The ?Grants and Foundation Relations Grants Manual? will be updated to include policy information about this federal regulation and how to determine whether a subcontractor/vendor is prohibited under this policy from being paid with federal grant funds. The Grants and Foundation Relations team (?GFRT?) will include the federal regulation in every ?Grants Kickoff Meeting? checklist and will discuss with the Principal Investigators (?PI?s) during grant development so that issues can be addressed at the beginning of federal grant application process. PI?s of the federal grants will be responsible for checking the SAM excluded vendor list as they are finalizing their budget and/or planned expenditures to confirm all subcontractors/vendors are allowed and in good standing, before any contract over $50,000 is executed or any invoice greater than $20,000 is paid. The Business Office will verify that the vendors or subcontractors for federal grants have been checked against the SAM excluded vendor list during the expenditure approval process. In addition, the College with develop a procurement policy that conforms to provisions in 2 CFR Section 200.318-327 and all federal grant recipients should review and adhere to that policy for all purchases and expenditures made with federal grant funds. Consult with GFR or the Business Office if there are questions about these standards and how they may impact federal grant expenditures.