Finding 974147 (2023-004)

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Requirement
P
Questioned Costs
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Year
2023
Accepted
2024-05-17
Audit: 306555
Organization: Haven House INC (NM)

AI Summary

  • Core Issue: Haven House's contract with Nieto Custom Builders, Inc. lacks a required clause related to HUD's Section 3, which mandates job opportunities for low-income residents.
  • Impacted Requirements: Compliance with Section 3 of the Housing and Urban Development Act is essential for receiving federal financial assistance, as outlined in the grant agreement with the City of Rio Rancho.
  • Recommended Follow-Up: Haven House should review all grant agreements before signing contracts to ensure they include necessary compliance clauses for federal funding.

Finding Text

Statement of Condition: Haven House did not include the following required clause in their contract with Nieto Custom Builders, Inc.: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended_ (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” Criteria: Per the grant agreement with the City of Rio Rancho, compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 shall be a condition of the Federal financial assistance provided under this contract and binding upon the subrecipient and any of the subrecipient's subrecipients and subcontractors. Cause: Haven House did require the contractor to provide the required reports but did not modify their standard contract to include the required clause. Effect: Per the grant agreement with the City of Rio Rancho, failure to fulfill HUD Section 3 requirements shall subject Haven House and subcontractors to those sanctions specified by the agreement through which federal assistance is provided. Recommendation: We recommend that Haven House carefully review all grant award agreements prior to initiating contracts with subcontractors or subrecipients to ensure compliance with the requirements of all agreements and federal funding.

Categories

Subrecipient Monitoring HUD Housing Programs Special Tests & Provisions

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.218 Covid 19-Community Development Block Grants/entitlement Grants $368,818
16.575 Crime Victim Assistance $209,255
97.024 Emergency Food and Shelter National Board Program $94,163
14.231 Cares-Emergency Solutions Grant Program $63,719
93.671 Family Violence Prevention and Services/domestic Violence Shelter and Supportive Services $44,700
14.231 Emergency Solutions Grant Program $20,686
93.671 Covid-19 - Family Violence Prevention and Services/domestic Violence Shelter and Supportive Services $19,119
14.218 Community Development Block Grants/entitlement Grants $17,198