Procurement and Suspension and Debarment Federal Program Name Higher Education Emergency Relief Fund (HEERF) HEERF Institutional Portion, ALN. 84.425F HEERF Minority Serving Institutions (MSIs), ALN. 84.425L Name of Federal Agency U.S. Department of Education Pass-through Entity N/A Criteria According to 2 CFR Section 200.319, all procurement transactions must be conducted in a manner providing full and open competition. According to 2 CFR Section 200.320 there are three types of procurement methods described in this section: informal procurement methods (for micro-purchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures. 2 CFR section 180.220(b)(1) non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000. Condition As part of our testing of fifteen (15) disbursements from institutional funds, we noted the following instances of non-compliance: 1. Six (6) transactions weren’t conducted in a manner providing full and open competition, no quotes nor quote analysis were available for examination. 2. Six (6) transactions Suspension and Debarment verification weren’t performed. Cause The exceptions mentioned above are the result of the failure to implement adequate internal control procedures, such as thorough managerial review, which should detect and correct, on a timely basis, instances where controls are not being followed. Effect The institution COVID-19 policies and procedures were not followed, did not provide for full and open competition and suspension and debarment verification were not performed, as a result of that the USDE could be required to reimburse federal funds to the grantor for the expenditures incurred. Questioned Cost $201,543 Context Of the 142 disbursements, we selected 15 transactions for testing and noted the following instances of noncompliance: 1. Transactions were not conducted in a manner providing full and open competition 6 2. Suspension and Debarment verification were not performed 6 Identification of a Repeat Finding This is not a repeat finding from the immediate previous audit. Views of Responsible Officials and Planned Corrective Actions The Institution management agrees with this finding. Please refer to the corrective action plan on pages 22-26. Recommendation We recommend the Institution to establish adequate procedures and controls, which shall consider, among others, the following: • Shall improve its internal controls over the filing and safeguarding of documents in order to easily identify and retrieve payment vouchers and all related supporting documentation. • Establish and implement written policies and procedures for all aspects of the Purchase administration, including controls for proper review and authorization during the processing and payment of program expenditures. Payment documents and related supporting documentation shall be thoroughly reviewed before they are recorded and processed for payment. All payment vouchers shall be properly authorized by the respective Institution’s representatives and shall be supported with all the required documentation. • Provide adequate training to employees regarding each program requirements and proper procurement and disbursement processing procedures, and as to the importance of safeguarding procedures and the proper coordination and communication for the retrieval of documents when needed.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Criteria The Uniform Guidance 2 CFR §200.320 sets forth the methods of procurement to be followed in the acquisition of property or services required under a Federal award or subaward, which includes formal purchase methods such as proposal or bids when the value of the property or services under a Federal financial assistance award exceeds a certain threshold, as defined. Furthermore, 2 CFR §200.320(c) provides specific circumstances in which noncompetitive procurement can be used. Condition During our audit, we noted that the Organization made subawards to entities which were subject to a formal purchase method, for which competitive processes for selection were not performed, nor was documentation of the specific criteria of 2 CFR §200.320(c) met to support noncompetitive procurements maintained. Cause Management had not updated its policies and procedures to incorporate certain pertinent sections of the procurement standards of the Uniform Guidance. Effect The lack of procurement standards in accordance with the Uniform Guidance may result in allowable cost issues. Recommendation We recommend that the Organization incorporate the procurement standards of the Uniform Guidance to its policies and procedures manual to ensure compliance with Federal standards, including 2 CFR §200.318(h) which stipulates that sufficient detail of the history of the procurement must be maintained, including the selection of the contractor. Views of Responsible Officials and Corrective Action The Organization concurs with the recommendation. As part of our current review and revision process, the Organization plans to adopt the 2 CFR §200.320 procurement guidance and develop supporting policies and procedures to ensure compliance with federal standards. Additionally, the Organization will incorporate the standards outlined in 2 CFR §200.318 to further align our operations with Uniform Guidance requirements, reinforcing our commitment to meeting federal compliance standards. The Organization has prioritized the completion and distribution of the updated financial policies and procedures, including the 2 CFR §200.320 procurement guidance by December 31, 2024.
Federal Agency: U.S. Department of Agriculture; U.S. Department of the Treasury Federal Program Name: Child Nutrition Cluster; Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 10.559; 21.027 Federal Award Identification Number and Year: 214RI306N1099/214RI306N1199 - 2022 Award Period: Fiscal Year 2022 Type of Finding: Significant Deficiency in Internal Control over Compliance, Other Matters Criteria or specific requirement The Town and Coventry Public Schools must comply with procurement standards set out at 2 CFR sections 200.303 and 200.318 through 200.326 within Uniform Guidance. Control: Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the Internal Control Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). UG §200.318 General procurement standards. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. §200.320 states that the non-Federal entity must use one of the prescribed methods of procurement. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: (1) Micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (2) Small purchase. Procurement by small purchase is the acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a noncompetitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1) Sealed bids. Bids are publicly solicited, and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. (2) Proposals. Either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. (c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the allowed circumstances apply. Condition The Towns purchasing policies within Coventry Public Schools do not include all elements as outlined in 2 CRF sections 200.303 and 200.318 through 200.326 noted above. Questioned Costs None Context Although the Towns purchasing policies within Coventry Public Schools do not include all elements as outlined in 2 CRF sections 200.303 and 200.318 through 200.326, we did not identify transactions where contracts were awarded without proper justification in 4 of 4 procurement transactions tested. Cause Management was not aware of the procurement standards set out at 2 CFR sections 200.303 and 200.318 through 200.326 within Uniform Guidance. Effect The Town and Coventry Public Schools are at risk for noncompliance with Federal grants as it relates to procurement. Repeat Finding Yes Recommendation We recommend that the Town and Coventry Public Schools updates its procurement policy to include all elements identified in 2 CRF sections 200.303 and 200.318 through 200.326. Views of Responsible Officials Management agrees with this finding.
Federal Agency: U.S. Department of Agriculture; U.S. Department of the Treasury Federal Program Name: Child Nutrition Cluster; Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 10.559; 21.027 Federal Award Identification Number and Year: 214RI306N1099/214RI306N1199 - 2022 Award Period: Fiscal Year 2022 Type of Finding: Significant Deficiency in Internal Control over Compliance, Other Matters Criteria or specific requirement The Town and Coventry Public Schools must comply with procurement standards set out at 2 CFR sections 200.303 and 200.318 through 200.326 within Uniform Guidance. Control: Per 2 CFR section 200.303(a), a non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the Internal Control Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). UG §200.318 General procurement standards. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. §200.320 states that the non-Federal entity must use one of the prescribed methods of procurement. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: (1) Micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (2) Small purchase. Procurement by small purchase is the acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a noncompetitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1) Sealed bids. Bids are publicly solicited, and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. (2) Proposals. Either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. (c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the allowed circumstances apply. Condition The Towns purchasing policies within Coventry Public Schools do not include all elements as outlined in 2 CRF sections 200.303 and 200.318 through 200.326 noted above. Questioned Costs None Context Although the Towns purchasing policies within Coventry Public Schools do not include all elements as outlined in 2 CRF sections 200.303 and 200.318 through 200.326, we did not identify transactions where contracts were awarded without proper justification in 4 of 4 procurement transactions tested. Cause Management was not aware of the procurement standards set out at 2 CFR sections 200.303 and 200.318 through 200.326 within Uniform Guidance. Effect The Town and Coventry Public Schools are at risk for noncompliance with Federal grants as it relates to procurement. Repeat Finding Yes Recommendation We recommend that the Town and Coventry Public Schools updates its procurement policy to include all elements identified in 2 CRF sections 200.303 and 200.318 through 200.326. Views of Responsible Officials Management agrees with this finding.
Condition: During the test of 100% of expenditures, two (2) expenditures totaling $570,080, for the Coronavirus State and Local Fiscal Recovery Funds, the following noncompliance with the Procurement and Suspension and Debarment compliance requirement was noted: • The County failed to properly document the expenditure for one (1) of the two (2) federal expenditures totaling $500,000. They did not execute a contract or award documents, and the invoice was not itemized. This expenditure had a questioned cost of $500,000. Cause of Condition: Policies and procedures have not been designed and implemented to ensure federal expenditures are made in accordance with federal compliance requirements. Effect of Condition: This condition resulted in noncompliance with federal grant requirements and could result in a loss of federal funds. Recommendation: OSAI recommends the County gain an understanding of the requirements for this program and implement internal controls to ensure compliance with these requirements. Management Response: Board of County Commissioners: The Board of County Commissioners is responsible for the overall fiscal concerns of the county. See OKLA. STAT. Title 19, § 345. The Board of County Commissioners, with the cooperation and participation of all elected officials, reviews, develops and implements policies and procedures to create a strong internal control environment. The Board of County Commissioners will work with all elected officials, the third-party administrator, and federal, state and local partners to develop policies, procedures, and internal controls designed to accurately track grants, including the application process, verification, oversight, and reporting of grant requirements. These policies and procedures will be designed to identify requirements for recipients and sub-recipients of grants, ensure accurate equipment and real property management, procurement, recipient and subrecipient monitoring and reporting. Further, policies will ensure a proper understanding of all grant requirements and compliance of the same. To assist in this process, the Board of County Commissioners engaged a third-party administrator to oversee the grant process, including application, eligibility, review, requirements, contracting, recipient tracking and oversight, and documentation and reporting. The Board of County Commissioners will work with the third-party administrator to ensure proper grant administration. Criteria: 2 CFR § 200.303(a) Internal Controls reads as follows: The non-Federal entity must: Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). 2 CFR § 200.320 Internal Controls reads as follows: There are three types of procurement methods described in this section: informal procurement methods (for micro-purchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319.
Condition: Upon inquiry of county personnel and a test of twenty (20) disbursement totaling $303,873, the following instances of noncompliance were noted: • The County failed to document suspension and debarment of vendors for purchases over $25,000. • The County failed to have written standards of conduct that cover conflicts of interest and that govern the performance of its employees engaged in the selection, award, and administration of contract. Cause of Condition: Policies and procedures have not been designed and implemented to ensure federal disbursements are made in accordance with federal compliance requirements. Effect of Condition: This condition resulted in noncompliance with grant requirements and could result in a loss of federal funds. Recommendation: OSAI recommends the County gain an understanding of the grant requirements for this program and implement internal controls to ensure compliance with these grant requirements. Management Response: Chairman of the Board of County Commissioners: These procurement issues originated during the prior County Clerk’s administration, but the current leadership is focused on corrective measures. Together, we are: • developing a SOP to ensure vendor checks for suspension and debarment are conducted on all purchases over $25,000, • establishing written standards of conduct to address conflicts of interest and set clear procurement guidelines, • and enhancing oversight and review to ensure all procurement processes are fully compliant with federal regulations. Our goal is to build a consistent, transparent procurement framework that safeguards both compliance and public trust. County Clerk: I was not the County Clerk in office at this time. To correct this issue, the County plans to develop a SOP to timely and accurately track and report on the SEFA. The SOP will be reviewed, adopted, and monitored by the Board of County Commissioners. Criteria: Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds (8. Procurement, Suspension & Debarment.) reads as follows: Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, unless stated otherwise by Treasury. As outlined in FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. The procurement standards set forth in the Uniform Guidance at 2 CRF 200.317 through 2 CRF 200.327 are not included in FAQ 13.15’s list of applicable Subpart D requirements that apply to recipients’ use of funds in the revenue loss eligible use category. The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in certain circumstances. Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. In addition, the Uniform Guidance at 2 CFR 200.214, 2 CFR Part 180, and Treasury’s implementing regulations at 31 CFR Part 19, prohibit recipients from entering into contracts with suspended or debarred parties. The procurement standards outlined in the Uniform Guidance require an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct. Your organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations. Further, 2 CFR § 200.319 Competition (d) reads as follows: The non-Federal entity must have written procedures for procurement transactions.
Assistance Listing #: 20.205 Program: Highway Planning and Construction Cluster Federal Agency: Department of Transportation Repeat Finding: Yes (2021-006) 2022-004 Procurement Policy In Need of Updating for Federal Requirements Criteria Uniform Guidance procurement requirements (2 CFR 200.320(c)) provides specific circumstances in which noncompetitive procurement can be used. Condition The Village?s procurement policy allows for waiver of bidding requirements by a 2/3 vote of all Village Trustees. This is not one of the specific circumstances provided in Uniform Guidance for noncompetitive procurement. Context We have not identified any instances in which bidding requirements have been waived for procurements under federal programs at this time. Cause The cause appears to be a lack of familiarity with the particular provision of the Uniform Guidance. Effect A procurement policy not in accordance with federal requirements could result in noncompliance with federal procurement requirements. Recommendation We recommend that the Village update its procurement policy to remove the bidding waiver provision in the case of federal procurements. Management Response Management agrees with the finding and recommendation. See corrective action plan.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Assistance Listing #: 20.205 Program: Highway Planning and Construction Cluster Federal Agency: Department of Transportation Repeat Finding: Yes (2021-006) 2022-004 Procurement Policy In Need of Updating for Federal Requirements Criteria Uniform Guidance procurement requirements (2 CFR 200.320(c)) provides specific circumstances in which noncompetitive procurement can be used. Condition The Village?s procurement policy allows for waiver of bidding requirements by a 2/3 vote of all Village Trustees. This is not one of the specific circumstances provided in Uniform Guidance for noncompetitive procurement. Context We have not identified any instances in which bidding requirements have been waived for procurements under federal programs at this time. Cause The cause appears to be a lack of familiarity with the particular provision of the Uniform Guidance. Effect A procurement policy not in accordance with federal requirements could result in noncompliance with federal procurement requirements. Recommendation We recommend that the Village update its procurement policy to remove the bidding waiver provision in the case of federal procurements. Management Response Management agrees with the finding and recommendation. See corrective action plan.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Emergency Shelter Program, 14.231 Finding number: 2022-007 Criteria: Under the Uniform Guidance, specifically 2 CFR 200.320, an organization must have and use documented procurement procedures. This includes a requirement to maintain the procurement documents. Condition: Documentation of the procurement process was unavailable for certain vendors. Cause: Management indicated that turnover in the position previously responsible for procurement resulted in an inability to locate full documentation of the procurement process. This is not a repeat finding. Effect or potential effect: Management was unable to produce documentation of the exact process used to choose two recently selected vendors. Recommendation: Management should revise its documentation system to allow for centralized and accessible storage of support for its vendor procurement process. Views of responsible officials: In one of the procurement cases the Organization chose Chrysalis, many years prior, a nationally known non-profit partner which has specific expertise with the population we serve and are unique in their expertise. The second was a security firm which was one of three firms the Organization could have chosen for the assignment. The Organization had previously used the other two and were unhappy with their service. Going forward Management will document such decisions in a more detailed manner.
Finding 2022-002 ? Procurement Federal Agency: U.S. Department of Health and Human Services Federal Program Name: Grants for New and Expanded Services Under the Health Center Program Assistance Listing Number: 93.224/93.527 Federal Award Identification Number: L1CCS39368-01-00; L2CCS42352-01-00 Award Periods: July 1, 2020 ? June 30, 2021; July 1, 2021 ? June 30, 2023 respectively Type of Finding: Significant deficiency in internal control over compliance Criteria: 2 CFR section 200.320(c)(1) - (3) outlines the circumstances in which noncompetitive procurement can be used. Furthermore, the organization's procurement policy permits the use of noncompetitive procurement but requires the reason justifying a sole source procurement, together with a description of the supplies or services, to be documented in the appropriate file. Condition: Legacy did not document their rationale for the use of noncompetitive procurements. Questioned Costs: None. Context: Four (4) of Five (5) procurement transactions tested. Cause: Legacy did not create and maintain documentation for its rationale related to choosing the noncompetitive procurement method. Effect: Legacy may inadvertently select vendors without regard to fair competition and cost analysis. Repeat Finding: No. Recommendation: We recommend the organization consistently follow its established policies and procedures related to the maintaining of necessary documentation to support the rationale for using noncompetitive procurement, when applicable. Legacy may also consider qualifying multiple vendors for particular goods/service and then utilizing an approved vendors list. Views of Responsible Officials: There is no disagreement with the audit finding.
Finding 2022-002 ? Procurement Federal Agency: U.S. Department of Health and Human Services Federal Program Name: Grants for New and Expanded Services Under the Health Center Program Assistance Listing Number: 93.224/93.527 Federal Award Identification Number: L1CCS39368-01-00; L2CCS42352-01-00 Award Periods: July 1, 2020 ? June 30, 2021; July 1, 2021 ? June 30, 2023 respectively Type of Finding: Significant deficiency in internal control over compliance Criteria: 2 CFR section 200.320(c)(1) - (3) outlines the circumstances in which noncompetitive procurement can be used. Furthermore, the organization's procurement policy permits the use of noncompetitive procurement but requires the reason justifying a sole source procurement, together with a description of the supplies or services, to be documented in the appropriate file. Condition: Legacy did not document their rationale for the use of noncompetitive procurements. Questioned Costs: None. Context: Four (4) of Five (5) procurement transactions tested. Cause: Legacy did not create and maintain documentation for its rationale related to choosing the noncompetitive procurement method. Effect: Legacy may inadvertently select vendors without regard to fair competition and cost analysis. Repeat Finding: No. Recommendation: We recommend the organization consistently follow its established policies and procedures related to the maintaining of necessary documentation to support the rationale for using noncompetitive procurement, when applicable. Legacy may also consider qualifying multiple vendors for particular goods/service and then utilizing an approved vendors list. Views of Responsible Officials: There is no disagreement with the audit finding.
Federal Assistance Listing Number: 93.224 - Health Center Program Cluster [including COVID-19 funds] Federal Agency: U.S. Department of Health and Human Services Federal Award Numbers in Cluster: 5 H80CS12855-12-00, 5 H80CS12855-12-02, 5 H80CS12855-13-00, 6-H80CS12855-11-03,1 H8ECS37915-01-00, 6 H80CS12855-10-02, 1 H8DCS36386-01-00, 1 H8FCS40527-01-00 Federal Award Year in Cluster: April 1, 2021 - March 31, 2022 Pass-Through Entity: None Criteria: Under Uniform Guidance purchases must be in compliance with procurement methods using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. The Center must perform a cost or price analysis in connection with all procurement actions exceeding the simplified acquisition threshold, including contract modifications, and that this analysis supported the procurement action (2 CFR Section 200.323 and 48 CFR Section 15.404-3) Condition: During 2022, there was turnover in the Chief Financial Officer position, who was responsible for the bidding process at the Center, and in the transition the bidding and price analysis documentation could not be located and provided for 6 out of the 17 items sampled. Context: During our testing of procurement of expenditures, it was noted that 6 out of a sample of 17 proper documentation of the bids received and the price analysis in connection with the purchases could not be located by the Center. This is not a statistically valid sample. Effect: There is no supporting documentation to ensure that the vendors selected were incompliance with guidance of the Uniform Guidance and Center's policies. Questioned Cost: None Recommendation: The Center should maintain all support and documentation in regards to grant purchases using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. This should include a cost or price analysis to document and support decisions made around vendor selection.
Federal Assistance Listing Number: 93.224 - Health Center Program Cluster [including COVID-19 funds] Federal Agency: U.S. Department of Health and Human Services Federal Award Numbers in Cluster: 5 H80CS12855-12-00, 5 H80CS12855-12-02, 5 H80CS12855-13-00, 6-H80CS12855-11-03,1 H8ECS37915-01-00, 6 H80CS12855-10-02, 1 H8DCS36386-01-00, 1 H8FCS40527-01-00 Federal Award Year in Cluster: April 1, 2021 - March 31, 2022 Pass-Through Entity: None Criteria: Under Uniform Guidance purchases must be in compliance with procurement methods using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. The Center must perform a cost or price analysis in connection with all procurement actions exceeding the simplified acquisition threshold, including contract modifications, and that this analysis supported the procurement action (2 CFR Section 200.323 and 48 CFR Section 15.404-3) Condition: During 2022, there was turnover in the Chief Financial Officer position, who was responsible for the bidding process at the Center, and in the transition the bidding and price analysis documentation could not be located and provided for 6 out of the 17 items sampled. Context: During our testing of procurement of expenditures, it was noted that 6 out of a sample of 17 proper documentation of the bids received and the price analysis in connection with the purchases could not be located by the Center. This is not a statistically valid sample. Effect: There is no supporting documentation to ensure that the vendors selected were incompliance with guidance of the Uniform Guidance and Center's policies. Questioned Cost: None Recommendation: The Center should maintain all support and documentation in regards to grant purchases using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. This should include a cost or price analysis to document and support decisions made around vendor selection.
Finding 2022-002 ? Procurement Federal Agency: U.S. Department of Health and Human Services Federal Program Name: Grants for New and Expanded Services Under the Health Center Program Assistance Listing Number: 93.224/93.527 Federal Award Identification Number: L1CCS39368-01-00; L2CCS42352-01-00 Award Periods: July 1, 2020 ? June 30, 2021; July 1, 2021 ? June 30, 2023 respectively Type of Finding: Significant deficiency in internal control over compliance Criteria: 2 CFR section 200.320(c)(1) - (3) outlines the circumstances in which noncompetitive procurement can be used. Furthermore, the organization's procurement policy permits the use of noncompetitive procurement but requires the reason justifying a sole source procurement, together with a description of the supplies or services, to be documented in the appropriate file. Condition: Legacy did not document their rationale for the use of noncompetitive procurements. Questioned Costs: None. Context: Four (4) of Five (5) procurement transactions tested. Cause: Legacy did not create and maintain documentation for its rationale related to choosing the noncompetitive procurement method. Effect: Legacy may inadvertently select vendors without regard to fair competition and cost analysis. Repeat Finding: No. Recommendation: We recommend the organization consistently follow its established policies and procedures related to the maintaining of necessary documentation to support the rationale for using noncompetitive procurement, when applicable. Legacy may also consider qualifying multiple vendors for particular goods/service and then utilizing an approved vendors list. Views of Responsible Officials: There is no disagreement with the audit finding.
Finding 2022-002 ? Procurement Federal Agency: U.S. Department of Health and Human Services Federal Program Name: Grants for New and Expanded Services Under the Health Center Program Assistance Listing Number: 93.224/93.527 Federal Award Identification Number: L1CCS39368-01-00; L2CCS42352-01-00 Award Periods: July 1, 2020 ? June 30, 2021; July 1, 2021 ? June 30, 2023 respectively Type of Finding: Significant deficiency in internal control over compliance Criteria: 2 CFR section 200.320(c)(1) - (3) outlines the circumstances in which noncompetitive procurement can be used. Furthermore, the organization's procurement policy permits the use of noncompetitive procurement but requires the reason justifying a sole source procurement, together with a description of the supplies or services, to be documented in the appropriate file. Condition: Legacy did not document their rationale for the use of noncompetitive procurements. Questioned Costs: None. Context: Four (4) of Five (5) procurement transactions tested. Cause: Legacy did not create and maintain documentation for its rationale related to choosing the noncompetitive procurement method. Effect: Legacy may inadvertently select vendors without regard to fair competition and cost analysis. Repeat Finding: No. Recommendation: We recommend the organization consistently follow its established policies and procedures related to the maintaining of necessary documentation to support the rationale for using noncompetitive procurement, when applicable. Legacy may also consider qualifying multiple vendors for particular goods/service and then utilizing an approved vendors list. Views of Responsible Officials: There is no disagreement with the audit finding.
Federal Assistance Listing Number: 93.224 - Health Center Program Cluster [including COVID-19 funds] Federal Agency: U.S. Department of Health and Human Services Federal Award Numbers in Cluster: 5 H80CS12855-12-00, 5 H80CS12855-12-02, 5 H80CS12855-13-00, 6-H80CS12855-11-03,1 H8ECS37915-01-00, 6 H80CS12855-10-02, 1 H8DCS36386-01-00, 1 H8FCS40527-01-00 Federal Award Year in Cluster: April 1, 2021 - March 31, 2022 Pass-Through Entity: None Criteria: Under Uniform Guidance purchases must be in compliance with procurement methods using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. The Center must perform a cost or price analysis in connection with all procurement actions exceeding the simplified acquisition threshold, including contract modifications, and that this analysis supported the procurement action (2 CFR Section 200.323 and 48 CFR Section 15.404-3) Condition: During 2022, there was turnover in the Chief Financial Officer position, who was responsible for the bidding process at the Center, and in the transition the bidding and price analysis documentation could not be located and provided for 6 out of the 17 items sampled. Context: During our testing of procurement of expenditures, it was noted that 6 out of a sample of 17 proper documentation of the bids received and the price analysis in connection with the purchases could not be located by the Center. This is not a statistically valid sample. Effect: There is no supporting documentation to ensure that the vendors selected were incompliance with guidance of the Uniform Guidance and Center's policies. Questioned Cost: None Recommendation: The Center should maintain all support and documentation in regards to grant purchases using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. This should include a cost or price analysis to document and support decisions made around vendor selection.
Federal Assistance Listing Number: 93.224 - Health Center Program Cluster [including COVID-19 funds] Federal Agency: U.S. Department of Health and Human Services Federal Award Numbers in Cluster: 5 H80CS12855-12-00, 5 H80CS12855-12-02, 5 H80CS12855-13-00, 6-H80CS12855-11-03,1 H8ECS37915-01-00, 6 H80CS12855-10-02, 1 H8DCS36386-01-00, 1 H8FCS40527-01-00 Federal Award Year in Cluster: April 1, 2021 - March 31, 2022 Pass-Through Entity: None Criteria: Under Uniform Guidance purchases must be in compliance with procurement methods using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. The Center must perform a cost or price analysis in connection with all procurement actions exceeding the simplified acquisition threshold, including contract modifications, and that this analysis supported the procurement action (2 CFR Section 200.323 and 48 CFR Section 15.404-3) Condition: During 2022, there was turnover in the Chief Financial Officer position, who was responsible for the bidding process at the Center, and in the transition the bidding and price analysis documentation could not be located and provided for 6 out of the 17 items sampled. Context: During our testing of procurement of expenditures, it was noted that 6 out of a sample of 17 proper documentation of the bids received and the price analysis in connection with the purchases could not be located by the Center. This is not a statistically valid sample. Effect: There is no supporting documentation to ensure that the vendors selected were incompliance with guidance of the Uniform Guidance and Center's policies. Questioned Cost: None Recommendation: The Center should maintain all support and documentation in regards to grant purchases using appropriate dollar amounts and conditions specified in 2 CFR Section 200.320 and in compliance with the Center's policy. This should include a cost or price analysis to document and support decisions made around vendor selection.
2021-002 Procurement, Suspension and Debarment Grantor: U.S. Department of Treasury/U.S. Department of Justice Award Name: Equitable Sharing Program Award Year: 01/01/21 – 12/31/21 CFDA Numbers: 21.016 / 16.922 Criteria OMB Uniform Guidance §200.319 states that all procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320, which states that the non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. Condition During our procurement testing procedures, we selected 24 items from the vendor history activity report and traced them to procurement and bidding procedures. Through our testing, we identified two purchases made using Federal funds to purchase vehicles, that were not publicly advertised or made through a non-competitive procurement process. Both of the items exceeded the public bidding threshold but did not follow formal procurements procedures. Cause Due to the global pandemic, the availability of vehicles has become limited. The Borough police department needed specific vehicles for their operations and made the purchases without using formal procurement procedures to avoid the risk of losing the opportunity to purchase the vehicles. Effect The procurement procedures were not followed as required, therefore, Federally funded purchases bypassed procurement regulations. Questioned Costs None noted. Recommendation The Borough should follow procurement policy and publicly advertise for sealed bids on contracts or purchases over $44,000, documenting the significant history of the procurement in the contract file. Management’s View and Corrective Action Plan Management’s views and corrective action plan is included under separate cover and filed with the State of New Jersey.
Federal Program Information: Funding Agency: U.S Department of Health and Human Services FALN: 93.926 Federal Award Identification Number: 5 H49MC00119‐21‐00 / 6 H49MC00119‐20‐01 Pass Through Entity: State of Georgia Department of Human Services Award Year: 2020‐2024 Criteria: Under 2 CFR Section 200.303(a), non‐federal entities must establish and maintain effective internal controls to provide reasonable assurance that the entity is managing the federal awards in compliance with statues, regulations, and the terms and conditions of the award. Additionally, under 2 CFR Section 200.320, the Organization must have and use documented procurement procedures for acquisition of property and services under a federal award or a sub‐award. Condition: The Organization does have approved policies and procedures over procurement that meet the requirements of the Uniform Guidance. However the Organization is not following its prescribed policies and procedures. The Organization lacked supporting documentation verifying procurement policies and procedures were followed. Due to lack of supporting documentation, procurement could not be verified. Of the sixty (60) transactions examined, fourteen (14) lacked supporting documentation for review of procurement. Effect: Not following procurement policies and procedures may result in funds to be returned back to grantor and/or impact future funding. Cause: Supporting procurement documentation for acquisition of property and services were not properly maintained in part due to several changes in personnel within the accounting area and overall limited number of personnel for certain functions and lack of board oversight. Questioned Costs: Known questioned costs of $2,066 and likely questioned costs of $11,507 for Healthy Start. Recommendation: We recommend the Organization strengthen its policies and procedures to ensure procurement is adequately documented for that goods and services purchased in accordance with Uniform Guidance and other federal guidelines.
Federal Program Information: Funding Agency: U.S Department of Health and Human Services FALN: 93.926 Federal Award Identification Number: 5 H49MC00119‐21‐00 / 6 H49MC00119‐20‐01 Pass Through Entity: State of Georgia Department of Human Services Award Year: 2020‐2024 Criteria: Under 2 CFR Section 200.303(a), non‐federal entities must establish and maintain effective internal controls to provide reasonable assurance that the entity is managing the federal awards in compliance with statues, regulations, and the terms and conditions of the award. Additionally, under 2 CFR Section 200.320, the Organization must have and use documented procurement procedures for acquisition of property and services under a federal award or a sub‐award. Condition: The Organization does have approved policies and procedures over procurement that meet the requirements of the Uniform Guidance. However the Organization is not following its prescribed policies and procedures. The Organization lacked supporting documentation verifying procurement policies and procedures were followed. Due to lack of supporting documentation, procurement could not be verified. Of the sixty (60) transactions examined, fourteen (14) lacked supporting documentation for review of procurement. Effect: Not following procurement policies and procedures may result in funds to be returned back to grantor and/or impact future funding. Cause: Supporting procurement documentation for acquisition of property and services were not properly maintained in part due to several changes in personnel within the accounting area and overall limited number of personnel for certain functions and lack of board oversight. Questioned Costs: Known questioned costs of $2,066 and likely questioned costs of $11,507 for Healthy Start. Recommendation: We recommend the Organization strengthen its policies and procedures to ensure procurement is adequately documented for that goods and services purchased in accordance with Uniform Guidance and other federal guidelines.
Criteria: Per the Compliance Requirements-Procurement and Suspension and Debarment-Compliance Requirement-Procurement, “Use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR section 200.329(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in case of acquisitions for construction subject to Wage Rate Requirement (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable (2 CFR section 200.32 (a). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (CFR section 200.320 (b)). “ Condition: For the procurement of small purchases over $10,000, the Management Agent did not obtain price or rate quotations from an adequate number of qualified sources for the following procurements per the Uniform Guidance Effect: The Project did not follow small purchase procedures set forth in Compliance Requirements-Procurement. Cause: Due to the turnover of Management Agent personnel, the documentation to support small purchases was unavailable and/or not performed. Recommendation: We recommend that the Project follows a small purchase method for procurement that exceeds $10,000.
Criteria: Per the Compliance Requirements-Procurement and Suspension and Debarment-Compliance Requirement-Procurement, “Use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR section 200.329(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in case of acquisitions for construction subject to Wage Rate Requirement (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable (2 CFR section 200.32 (a). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (CFR section 200.320 (b)). “ Condition: For the procurement of small purchases over $10,000, the Management Agent did not obtain price or rate quotations from an adequate number of qualified sources for the following procurements per the Uniform Guidance for a security vendor for the amount of $131,808. Effect: The Project did not follow small purchase procedures set forth in Compliance Requirements-Procurement. Cause: Due to the turnover of Management Agent personnel, the documentation to support small purchases was unavailable and/or not performed. Recommendation: We recommend that the Project follows a small purchase method for procurement that exceeds $10,000. Views of Responsible Officials and Corrective Action Plan: No disagreements with the audit finding.
Finding 2021-002: Material Weakness – Lack of Documentation on Sole Source Contracts and Verification of Vendors Federal grantor: Department of Commerce Condition: The Chamber contract with a vendor on a sole-source basis and did not document justification for the use of a sole source vendor. In addition, the Chamber did not verify that the vendor was not on the list of vendors suspended or debarred from federal contracting before contracting with the vendor. Criteria: Entities are required to follow the procurement standards in 2 CFR sections 200.318 through 200.327, including ensuring that the procurement method used for the contracts are appropriate based on the dollar amount and conditions specified in 2 CFR section 200.320 and noncompetitive procurements. Entities also must comply with 2 CFR Part 1326 that prohibits entities that have been debarred, suspended or voluntarily excluded from participating in Federal procurement. Cause: The Chamber’s Procurement Policy allows for a sole source vendor but requires staff to document sole source procurements prior to initial purchase. It appears staff did not follow its policy. The Policy also contains a requirement to verify or receive vendor certification that they are not debarred, suspended, ineligible or voluntarily excluded from Federal procurements, but this procedure was not followed. Effect: The Department of Commerce may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.C. section 200.339. Recommendation: We recommend the Chamber review policies with staff to ensure procurement requirements are followed, and that staff are familiar with federal procurement requirements. Management’s Response: Management’s response to the finding is discussed in the Corrective Action Plan.
Material weakness in internal control over compliance with procurement procedures meeting the requirements of 2 CFR Part 200. Federal Agency: United States Department of Treasury Program Titles: Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Pass-Through Entity: King County Award Numbers: 6200091 Award Periods: January 1, 2021 through December 31, 2024 Criteria Internal control requirements contained in Title 2 U.S. Code of Federal Regulations Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (the Uniform Guidance), Subpart D ‐ Post Federal Award Requirements, Section 200.318 through 200.326 Internal Controls, require that a non‐Federal entity use their own documented procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal statutes and the procurement requirement identified in 2 CFR Part 200. The procurement procedures must include the following: - Using the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR sections 200.320(a) (1) and (2). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in the case of acquisition for construction subject to the Wage Rate Requirements (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold ($250,000). Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable (2 CFR section 200.320(a)). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (2 CFR section 200.320(b)). - For acquisitions exceeding the simplified acquisition threshold, using one of the following procurement methods: the sealed bid method if the acquisition meets the criteria in 2 CFR section 200.320(b); the competitive proposals method under the conditions specified in 2 CFR section 200.320((b) (2); or the noncompetitive proposals method (i.e., solicit a proposal from only one source) but only when one or more of the circumstances are met, in accordance with 2 CFR section 200.320(c)). - Using Noncompetitive procurement only if one or more of the following circumstances apply: · The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold; · The item is available only from a single source; · The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; - The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or ∙ After solicitation of a number of sources, competition is determined inadequate PDA’s procurement policy also requires a verification that vendors and sub-recipient are not suspended or debarred by checking the website of the System for Award Management and documentation of such verification maintained by the Finance Office. Condition/Context While PDA has established a procurement policy, it does not fully conform to Federal law and the Uniform Guidance for the following reasons: - Micro purchase threshold is not explicitly defined, although it is mentioned that cost and price analysis shall be made and documented in connection with every procurement action above $5,000. - The policy does not clear provisions for maintaining detailed procurement records. Such records should include the rationale for the procurement method, the selection of contract type, the contractor selection or rejection process, and the basis for the contract price. - The simplified acquisition threshold is not defined and does not incorporate all relevant elements including sealed bids method. During our testing of 3 procurement transactions from a total of 20, we observed that, despite management's detailed historical background on each of the selected the necessary documentation evidencing compliance with PDA’s procurement standards was not retained. All the transactions tested were noncompetitive and thus single sourced. The total misstatement from these three transactions amounted to approximately $56,000 out of a total population of about $186,491. Furthermore, for these three vendors, which represented a 100% sample, we found no evidence of documentation for suspension and debarment verification. Although discussions with management suggested that all these transactions were properly conceived and evaluated at the time, there was no contemporaneous documentation to support this. Cause PDA’s procurement policy does not seem to have been reviewed against the Uniform Guidance for compliance. Internal controls over maintaining sufficient records to detail the history of procurement including noncompetitive justification and suspension and debarment verification were found to be insufficient. Effect The policy did not fully conformed to the Uniform Guidance resulting to noncompliance issues such as records not sufficient to detail the history of procurement transactions. Questioned Costs $186,491 Repeat Finding No. Recommendation We recommend PDA implement measures to ensure that its procurement policy reflect applicable state and local laws and regulations conforming to applicable federal statutes and requirement in 2 CFR part 200. Management should ensure procurement transactions are documented in such detail to evidence the method of procurement use and vendor verification for suspension and debarment.
Material weakness in internal control over compliance with procurement procedures meeting the requirements of 2 CFR Part 200. Federal Agency: United States Department of Treasury Program Titles: Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Pass-Through Entity: King County Award Numbers: 6200091 Award Periods: January 1, 2021 through December 31, 2024 Criteria Internal control requirements contained in Title 2 U.S. Code of Federal Regulations Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (the Uniform Guidance), Subpart D ‐ Post Federal Award Requirements, Section 200.318 through 200.326 Internal Controls, require that a non‐Federal entity use their own documented procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal statutes and the procurement requirement identified in 2 CFR Part 200. The procurement procedures must include the following: - Using the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR sections 200.320(a) (1) and (2). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in the case of acquisition for construction subject to the Wage Rate Requirements (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold ($250,000). Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable (2 CFR section 200.320(a)). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (2 CFR section 200.320(b)). - For acquisitions exceeding the simplified acquisition threshold, using one of the following procurement methods: the sealed bid method if the acquisition meets the criteria in 2 CFR section 200.320(b); the competitive proposals method under the conditions specified in 2 CFR section 200.320((b) (2); or the noncompetitive proposals method (i.e., solicit a proposal from only one source) but only when one or more of the circumstances are met, in accordance with 2 CFR section 200.320(c)). - Using Noncompetitive procurement only if one or more of the following circumstances apply: · The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold; · The item is available only from a single source; · The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; - The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or ∙ After solicitation of a number of sources, competition is determined inadequate PDA’s procurement policy also requires a verification that vendors and sub-recipient are not suspended or debarred by checking the website of the System for Award Management and documentation of such verification maintained by the Finance Office. Condition/Context While PDA has established a procurement policy, it does not fully conform to Federal law and the Uniform Guidance for the following reasons: - Micro purchase threshold is not explicitly defined, although it is mentioned that cost and price analysis shall be made and documented in connection with every procurement action above $5,000. - The policy does not clear provisions for maintaining detailed procurement records. Such records should include the rationale for the procurement method, the selection of contract type, the contractor selection or rejection process, and the basis for the contract price. - The simplified acquisition threshold is not defined and does not incorporate all relevant elements including sealed bids method. During our testing of 3 procurement transactions from a total of 20, we observed that, despite management's detailed historical background on each of the selected the necessary documentation evidencing compliance with PDA’s procurement standards was not retained. All the transactions tested were noncompetitive and thus single sourced. The total misstatement from these three transactions amounted to approximately $56,000 out of a total population of about $186,491. Furthermore, for these three vendors, which represented a 100% sample, we found no evidence of documentation for suspension and debarment verification. Although discussions with management suggested that all these transactions were properly conceived and evaluated at the time, there was no contemporaneous documentation to support this. Cause PDA’s procurement policy does not seem to have been reviewed against the Uniform Guidance for compliance. Internal controls over maintaining sufficient records to detail the history of procurement including noncompetitive justification and suspension and debarment verification were found to be insufficient. Effect The policy did not fully conformed to the Uniform Guidance resulting to noncompliance issues such as records not sufficient to detail the history of procurement transactions. Questioned Costs $186,491 Repeat Finding No. Recommendation We recommend PDA implement measures to ensure that its procurement policy reflect applicable state and local laws and regulations conforming to applicable federal statutes and requirement in 2 CFR part 200. Management should ensure procurement transactions are documented in such detail to evidence the method of procurement use and vendor verification for suspension and debarment.
2 CFR § 1000.1 gives regulatory effect to the Department of Treasury for 2 CFR § 200.318 through 200.327 which describe specific procedures non-Federal entities must follow when entering into procurement transactions using Federal funds. 2 CFR § 200.318(a) indicates a non-Federal entity must have and use its own documented procurement procedures, consistent with State and local laws and regulations and the standards of 2 CFR § 200.318 through 200.327, for the acquisition of property or services required under a Federal award or subaward. 2 CFR § 200.320 indicates the non-Federal entity must use the following methods of procurement: (a) Procurement by micro-purchases, which the aggregate dollar amount does not exceed the non-Federal entity’s micro-purchase dollar threshold; (b) Procurement by small purchase procedures, which are procurements of relatively simple and informal nature, which do not exceed the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources; (c) Procurement by sealed bids, which requires public solicitation of bids and a firm fixed price contract (lump-sum or unit price) is awarded to the responsible bidder whose bid, conforming with all material terms and conditions in the invitations to bid, is the lowest in price; (d) Procurement by competitive proposals, which is generally used when conditions are not appropriate for the use of sealed bids and is a procurement method in which either a fixed price or cost-reimbursement type contract is awarded; or (e) Procurement by non-competitive proposals, which are appropriate when an item can be obtained only from a single source, the non-competitive procurement is specifically authorized by the Federal awarding agency or pass-through entity, competition is deemed adequate after solicitation through competitive means, the aggregate amount of procurement does not exceed the micro-purchase threshold, and/or the public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation. 2 CFR § 200.318(i) indicates the non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 31 CFR § 19.300 indicates before entering into a covered transaction as defined in 31 CFR § 19 Subpart B, the non-Federal entity must ensure the expenditure is not made to an individual or business that is excluded or disqualified from receiving Federal funds by checking the Excluded Party List System (EPLS), collecting a certification from the individual or business, or adding a clause or condition to the contract. The City did not establish the necessary controls or policies to ensure proper compliance with Procurement requirements. For five of five procurements in excess of the City’s micro-purchase threshold which were entered into using Coronavirus State and Local Fiscal Recovery Funds (SLRF), the City did not maintain records sufficient to detail the history of the procurement. It was not evident if the City obtained quotes or bids for the items purchased or if a cost-price analysis was performed. Additionally, the City did not have written procurement procedures that conform to applicable laws noted above. Finally, the City did not ensure the vendors paid under covered transactions using SLRF funds were not excluded or disqualified from receiving Federal funds. The City should review the procurement requirements contained in 2 CFR § 200.318 through 200.327 and develop policies and procedures to ensure compliance. The City should maintain sufficient documentation to detail the history of the procurement, which may vary depending on the procurement method used. As a part of the procurement process, the City should include procedures for ensuring a vendor is not excluded or disqualified from receiving Federal funds and maintain documentation the procedure was followed.
CONDITION: The City of McKeesport contracted with Applied Concepts, Inc. for police trailers, and A&H Equipment for the purchase of a vactor truck. These contracts individually exceeded the Uniform Guidance micro purchase threshold of $10,000, but did not exceed the Simplified Acquisition Threshold of $250,000. Both of these purchases were procured through a cooperative purchasing group (COSTARS). The City was unable to 1) provide records sufficient to detail the history of procurement for these two contracts and 2) provide documentation to verify that price or rate quotations were obtained from an adequate number of qualified sources. CRITERIA: Section 2 CFR 200.320(a)(2)(i) of the Uniform Guidance prescribes the bidding requirements for equipment, supplies, and work of any nature made by a non-federal entity whereby the cost exceeds certain dollar thresholds as adjusted periodically. In instances where the cost incurred exceeds the Uniform Guidance micro purchase threshold of $10,000 but does not exceed the Simplified Acquisition Threshold of $250,000, price or rate quotations must be obtained from an adequate number of qualified sources. In addition, as specified in 2 CFR 200. 318(i) of the Uniform Guidance, the City must maintain sufficient records to detail the history of procurement. CAUSE: City personnel directly responsible for the oversight and execution of these procurements were not fully familiar with the procurement requirements as prescribed by Sections 2 CFR 200.320(a)(2)(i) and 2 CFR 200.318(i) of the Uniform Guidance. EFFECT: The City of McKeesport did not comply with the requirements of Sections 2 CFR 200.320(a)(2)(i) and 2 CFR 200.318(i) of the Uniform Guidance with regard to maintaining sufficient records to detail the history of procurement and conducting a cost or price analysis for a procurement in instances where the procurement cost incurred for goods and/or services exceeds the Uniform Guidance micro purchase threshold of $10,000 but does not exceed the Simplified Acquisition Threshold of $250,000. QUESTIONED COST: $246,867 RECOMMENDATION: I am recommending that City management implement, review and update annually as necessary, City federal financial policies and procedures, similar to those developed for use in the City’s Community Development Program to ensure In instances where the procurement cost incurred for goods and/or services exceeds the Uniform Guidance micro purchase threshold of $10,000 but does not exceed the Simplified Acquisition Threshold of $250,000, that 1) price or rate quotations are obtained from an adequate number of qualified sources, and 2) sufficient records are maintained to detail the history of procurement. These measures will enable the City to comply with the procurement requirements as prescribed Sections 2 CFR 200.320(a)(2)(i) and 2 CFR 200.318(i) of the Uniform Guidance. VIEWS OF RESPONSIBLE OFFICIALS: The City concurs with the above noted finding and addresses this issue in the ‘Corrective Action Plan’ included within this report.
Federal Program Coronavirus State and Local Fiscal Recovery Funds (CFDA 21.027) Procurement, Suspension, and Debarment Criteria 2 CFR sections 200.320(a) (1) and (2) states “If small purchase [$10,000] procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Also, vendors for whom the county enters into a covered transaction ($25,000 or higher) with needs to be ensured that they are not suspended or debarred from federal funds per 2 CFR section 180.220. Furthermore, an entity should have a procurement policy that follows Uniform Guidance. Condition Two transactions were selected for testing. One transaction did not have quotes obtained. For both transactions, we noted the County did not review for suspension and debarment. We also noted the County’s procurement policy did not follow Uniform Guidance. Questioned Costs None Context In a population of 3, 2 transactions were tested and one of these transactions was not done through the proper procurement process. Also, our suspension and debarment population was two and we noted during testing of each transaction that the county did not ensure the vendor was not suspended or debarred from federal funds before entering into the covered transaction. Finally, we noted during review of the county’s procurement policy, it did not follow Uniform Guidance. Cause The County does not have sufficient procedures in place to ensure all expenditures comply with Uniform Guidance. Effect The County is not in compliance with Uniform Guidance. Repeat Finding No Recommendation The county should follow their procurement policy for procurement and should updated their procurement policy for suspension and debarment. Views of Responsible Officials and Planned Corrective Actions The County agrees with the recommendation and will review its policies and procedures.
2021-007 – PROCUREMENT – PROCUREMENT QUOTATIONS Federal Program Information: Federal Agency Federal Program Name Assistance Listing Number Grant Award(s) Unique Identifier(s) Department of Defense Basic Scientific Research 12.431 W15QKN-14-1-0001 W15QKN-20-1-1000 Criteria: 2 CFR 200.303 requires that a non-federal entity must “(a) establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations and the terms and conditions of the Federal award.” These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). 2 CFR 200.320 establishes thresholds for procurement methods to be utilized when acquiring property or services under a federal award including small purchases defined as follows: Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. Condition: Management utilizes the federally designated micro-purchase level of $10,000 and the simplified acquisition threshold of $250,000. Purchases between $10,000 and $250,000 did not have an adequate number of price or rate quotations obtained. Questioned Costs: $151,207 Context: There were nine acquisitions for property and services with federal awards totaling $151,207 that were considered small purchases. Total federal expenditures listed on the Schedule of Federal Awards was $6,267,848. Cause: Internal controls and procedures related to procurement were not effectively designed or performed. SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS (Continued) 2021-007 – PROCUREMENT – PROCUREMENT QUOTATIONS (Continued) Federal Program Information: Federal Agency Federal Program Name Assistance Listing Number Grant Award(s) Unique Identifier(s) Department of Defense Basic Scientific Research 12.431 W15QKN-14-1-0001 W15QKN-20-1-1000 Effect: Small purchases were made without obtaining an adequate number of price quotations. Recommendation: Management should establish proper policies and procedures which ensure transactions have the proper procurement treatment that align with federal guidelines. Views of Responsible Officials: Management concurs with the finding and has developed a plan to correct the finding.
2021-002 Procurement, Suspension and Debarment Grantor: U.S. Department of Treasury/U.S. Department of Justice Award Name: Equitable Sharing Program Award Year: 01/01/21 – 12/31/21 CFDA Numbers: 21.016 / 16.922 Criteria OMB Uniform Guidance §200.319 states that all procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320, which states that the non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. Condition During our procurement testing procedures, we selected 24 items from the vendor history activity report and traced them to procurement and bidding procedures. Through our testing, we identified two purchases made using Federal funds to purchase vehicles, that were not publicly advertised or made through a non-competitive procurement process. Both of the items exceeded the public bidding threshold but did not follow formal procurements procedures. Cause Due to the global pandemic, the availability of vehicles has become limited. The Borough police department needed specific vehicles for their operations and made the purchases without using formal procurement procedures to avoid the risk of losing the opportunity to purchase the vehicles. Effect The procurement procedures were not followed as required, therefore, Federally funded purchases bypassed procurement regulations. Questioned Costs None noted. Recommendation The Borough should follow procurement policy and publicly advertise for sealed bids on contracts or purchases over $44,000, documenting the significant history of the procurement in the contract file. Management’s View and Corrective Action Plan Management’s views and corrective action plan is included under separate cover and filed with the State of New Jersey.
Federal Program Information: Funding Agency: U.S Department of Health and Human Services FALN: 93.926 Federal Award Identification Number: 5 H49MC00119‐21‐00 / 6 H49MC00119‐20‐01 Pass Through Entity: State of Georgia Department of Human Services Award Year: 2020‐2024 Criteria: Under 2 CFR Section 200.303(a), non‐federal entities must establish and maintain effective internal controls to provide reasonable assurance that the entity is managing the federal awards in compliance with statues, regulations, and the terms and conditions of the award. Additionally, under 2 CFR Section 200.320, the Organization must have and use documented procurement procedures for acquisition of property and services under a federal award or a sub‐award. Condition: The Organization does have approved policies and procedures over procurement that meet the requirements of the Uniform Guidance. However the Organization is not following its prescribed policies and procedures. The Organization lacked supporting documentation verifying procurement policies and procedures were followed. Due to lack of supporting documentation, procurement could not be verified. Of the sixty (60) transactions examined, fourteen (14) lacked supporting documentation for review of procurement. Effect: Not following procurement policies and procedures may result in funds to be returned back to grantor and/or impact future funding. Cause: Supporting procurement documentation for acquisition of property and services were not properly maintained in part due to several changes in personnel within the accounting area and overall limited number of personnel for certain functions and lack of board oversight. Questioned Costs: Known questioned costs of $2,066 and likely questioned costs of $11,507 for Healthy Start. Recommendation: We recommend the Organization strengthen its policies and procedures to ensure procurement is adequately documented for that goods and services purchased in accordance with Uniform Guidance and other federal guidelines.
Federal Program Information: Funding Agency: U.S Department of Health and Human Services FALN: 93.926 Federal Award Identification Number: 5 H49MC00119‐21‐00 / 6 H49MC00119‐20‐01 Pass Through Entity: State of Georgia Department of Human Services Award Year: 2020‐2024 Criteria: Under 2 CFR Section 200.303(a), non‐federal entities must establish and maintain effective internal controls to provide reasonable assurance that the entity is managing the federal awards in compliance with statues, regulations, and the terms and conditions of the award. Additionally, under 2 CFR Section 200.320, the Organization must have and use documented procurement procedures for acquisition of property and services under a federal award or a sub‐award. Condition: The Organization does have approved policies and procedures over procurement that meet the requirements of the Uniform Guidance. However the Organization is not following its prescribed policies and procedures. The Organization lacked supporting documentation verifying procurement policies and procedures were followed. Due to lack of supporting documentation, procurement could not be verified. Of the sixty (60) transactions examined, fourteen (14) lacked supporting documentation for review of procurement. Effect: Not following procurement policies and procedures may result in funds to be returned back to grantor and/or impact future funding. Cause: Supporting procurement documentation for acquisition of property and services were not properly maintained in part due to several changes in personnel within the accounting area and overall limited number of personnel for certain functions and lack of board oversight. Questioned Costs: Known questioned costs of $2,066 and likely questioned costs of $11,507 for Healthy Start. Recommendation: We recommend the Organization strengthen its policies and procedures to ensure procurement is adequately documented for that goods and services purchased in accordance with Uniform Guidance and other federal guidelines.
Criteria: Per the Compliance Requirements-Procurement and Suspension and Debarment-Compliance Requirement-Procurement, “Use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR section 200.329(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in case of acquisitions for construction subject to Wage Rate Requirement (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable (2 CFR section 200.32 (a). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (CFR section 200.320 (b)). “ Condition: For the procurement of small purchases over $10,000, the Management Agent did not obtain price or rate quotations from an adequate number of qualified sources for the following procurements per the Uniform Guidance Effect: The Project did not follow small purchase procedures set forth in Compliance Requirements-Procurement. Cause: Due to the turnover of Management Agent personnel, the documentation to support small purchases was unavailable and/or not performed. Recommendation: We recommend that the Project follows a small purchase method for procurement that exceeds $10,000.
Criteria: Per the Compliance Requirements-Procurement and Suspension and Debarment-Compliance Requirement-Procurement, “Use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR section 200.329(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000 ($2,000 in case of acquisitions for construction subject to Wage Rate Requirement (Davis-Bacon Act)). Small purchase procedures are used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold. Micro-purchases may be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable (2 CFR section 200.32 (a). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (CFR section 200.320 (b)). “ Condition: For the procurement of small purchases over $10,000, the Management Agent did not obtain price or rate quotations from an adequate number of qualified sources for the following procurements per the Uniform Guidance for a security vendor for the amount of $131,808. Effect: The Project did not follow small purchase procedures set forth in Compliance Requirements-Procurement. Cause: Due to the turnover of Management Agent personnel, the documentation to support small purchases was unavailable and/or not performed. Recommendation: We recommend that the Project follows a small purchase method for procurement that exceeds $10,000. Views of Responsible Officials and Corrective Action Plan: No disagreements with the audit finding.