HICKSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT

2 CFR ? 417.10 gives regulatory effect for the U.S. Department of Agriculture to the Office of Management and Budget (OMB) guidance, as supplemented by this part. This part adopts the OMB guidance in subparts A through I of 2 CFR part 180. Per 2 CFR ? 417.20, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 apply to participants or principals in ?covered transactions.? 2 CFR 180.305 states that Non-Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred, unless the Federal agency responsible for the transaction grants an exception under 2 CFR ? 180.135. ?Covered transactions? include nonprocurement or procurement transactions at the primary tier, between a Federal agency and a person; or at the lower tier, between a participant in a covered transaction and another person. Procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or cooperative agreement) are covered transactions if the contracts are expected to equal or exceed $25,000 or meet certain other specified criteria outlined in 2 CFR ? 180.220. All nonprocurement transactions (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless listed in the exemptions in 2 CFR ? 180.215. When a non-Federal entity enters into a covered transaction with an entity at a lower tier, the non-Federal entity must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking SAM exclusions (www.sam.gov); collecting a certification from the entity, or adding a clause or condition to the covered transactions with that entity. District Policy #6325, Procurement ? Federal Grants/Funds, states that for contracts over $25,000, the District shall confirm that the vendor is not debarred or suspended by either checking the Federal government's System for Award Management, which maintains a list of such debarred or suspended vendors at www.sam.gov; collecting a certification from the vendor; or adding a clause or condition to the covered transaction with that vendor. The District did not have the proper internal controls in place to verify that all entities, with whom the District had entered into covered transactions, had not been suspended or debarred. During testing of procurement and suspension and debarment for the Child Nutrition Cluster, we noted an instance in which the program had a payment to a vendor of more than $25,000 and there was no evidence the District checked the SAM exclusions, collected a certification from the entity, or added a clause or condition to the covered transaction with the vendor. Due to the deficient internal control structure, the required verification was not completed for Arps Dairy, one of two covered transactions in the Child Nutrition Cluster during fiscal year 2021. Failing to have the appropriate controls in place may result in vendors receiving federal funds that are suspended or debarred. Prior to contracting with vendors that will be paid with federal funds, the District should verify the vendor is not suspended or debarred by checking the SAM exclusions, collecting a certification from the vendor, or adding a clause or condition to the covered transaction with the vendor.