Assistance Listing, Federal Agency, and Program Name 21.027, U.S. Department of Treasury, COVID 19 Coronavirus State and Local Recovery Funds Federal Award Identification Number and Year 2021 16100 5WAYMANPALNEI, 2024 Pass through Entity City of Toledo Finding Type Material weakness and material noncompliance with laws and regulations Repeat Finding No Criteria 2 CFR 200.318(i) requires the recipient or subrecipient must maintain records sufficient to detail the history of each procurement transaction. These records must include the rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis for the contract price. Condition The entity did not retain required support; rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis for the contract price. Questioned Costs $165,357 If Questioned Costs are Not Determinable, Description of Why Known Questioned Costs were Undetermined or Otherwise Could Not be Reported N/A Identification of How Questioned Costs Were Computed Questioned costs represent the total known expenditures incurred under the contract for which the exception was identified. Context Of the two procurements selected for testing using the formal procurement method, one procurement did not contain evidence of records maintained to support the rationale for the contract type selection and the contractor selection or rejection. Cause and Effect A control was lacking to ensure appropriate procurement records were maintained which could result in material noncompliance with federal procurement standards. Recommendation We recommend that controls be put in place to ensure that all procurements adhere to the requirements of 2 CFR 200.318 and your internal procurement policy. Views of Responsible Officials and Corrective Action Plan Although YMCA performed the proper procedures, the passage of time resulted in a mis placing of the supporting documentation. YMCA relied upon legal counsel to retain the documentation. This was a unique and one time award. In the future, YMCA will take responsibility for the retention of the supporting documentation.
Assistance Listing, Federal Agency, and Program Name 21.027, U.S. Department of Treasury, COVID 19 Coronavirus State and Local Recovery Funds Federal Award Identification Number and Year 2021 16100 5WAYMANPALNEI, 2024 Pass through Entity City of Toledo Finding Type Material weakness and material noncompliance with laws and regulations Repeat Finding No Criteria 2 CFR Section 200.318(h) requires the entity to award contracts only to responsible contractors that possess the ability to perform successfully under the terms and conditions of a proposed contract. The recipient or subrecipient must consider contractor integrity, public policy compliance, proper classification of employees (see the Fair Labor Standards Act, 29 U.S.C. 201, chapter 8), past performance record, and financial and technical resources when conducting a procurement transaction. Condition YMCA did not retain evidence to support procedures were performed to ensure a vendor was not suspended or debarred before entering into a covered transaction. Questioned Costs None If Questioned Costs are Not Determinable, Description of Why Known Questioned Costs were Undetermined or Otherwise Could Not be Reported N/A Identification of How Questioned Costs Were Computed Not applicable Context Of the two procurements selected for testing, one procurement did not contain evidence of either (1) a search performed on SAM.gov to determine if the vendor was suspended, debarred, or otherwise excluded; (2) a certification from the contractor attesting that they are not suspended, debarred, or otherwise excluded; or (3) adding a clause or condition to the covered transaction with that vendor. Subsequently YMCA did perform the search and noted that the vendor was not suspended or debarred, thereby creating no questioned costs. Cause and Effect A control was lacking to ensure the YMCA performed procedures to verify that the vendor was not suspended, debarred, or otherwise excluded prior to entering into contracts which could result in material noncompliance with federal suspension and debarment standards. Recommendation We recommend that internal controls be put in place to ensure that the required verification is performed, documented, and reviewed prior to entering into contracts with vendors. Views of Responsible Officials and Planned Corrective Actions YMCA relied on outside legal counsel for guidance in the procurement process. In the future, YMCA will perform this procedure or ensure that legal counsel performs this procedure.