Finding 1055688 (2023-002)

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Requirement
I
Questioned Costs
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Year
2023
Accepted
2024-07-24
Audit: 315804
Organization: Borough of East Rutherford (NJ)

AI Summary

  • Core Issue: The Borough made purchases over the bid threshold without competitive bidding or using a State contract.
  • Impacted Requirements: This violates OMB Uniform Guidance §200.318 – 200.319, which mandates full and open competition in procurement.
  • Recommended Follow-up: Monitor future expenditures to ensure compliance with the Local Public Contracts Law.

Finding Text

2023-002 Procurement Grantor: U.S. Department of Treasury Award Name: Coronavirus State and local Fiscal Recovery Funds (“SLFRF”) Award Year: 01/01/23 – 12/31/23 CFDA Numbers: 21.027 Criteria OMB Uniform Guidance §200.318 – 200.319, states that the non-Federal entity must use its own documented procurement procedures which reflect applicable State, local and tribal laws and regulations, provided that the procedures confirm to applicable Federal law and standards and that all procurement transactions be conducted in a manner providing full and open competition. Condition During our procurement testing procedures, we selected 3 items purchased with SLFRF funds and reviewed the vendor activity report along with the purchase orders to ensure proper procurement procedures were followed. Through our testing, we identified one vendor being used for fire department equipment, which, in aggregate, exceeded the bid threshold. The purchases were made without the use of public bidding or through a State contract purchasing program. Cause The Borough utilized a vendor without competitive bidding and/or through a State contract agency. Effect The Borough made purchases in excess of the bid threshold without the use of competitive bidding or through a State contract purchasing program. Questioned Costs The purchases made from the vendor totaled $52,308.15. Recommendation That expenditures be monitored for compliance with the Local Public Contracts Law. 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.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.01M
16.922 Equitable Sharing Program $775,250
20.205 Highway Planning and Construction $91,907
14.218 Community Development Block Grants/entitlement Grants $90,245
20.616 National Priority Safety Programs $15,750