Finding 1121159 (2024-006)

Material Weakness
Requirement
I
Questioned Costs
$1
Year
2024
Accepted
2025-03-31

AI Summary

  • Core Issue: The Authority failed to conduct a proper competitive procurement for the Fajardo rehabilitation project, using unrelated documentation from Toa Alta instead.
  • Impacted Requirements: This noncompliance violates federal procurement regulations outlined in 2 CFR §§ 200.318–200.327, risking questioned costs of $421,462.
  • Recommended Follow-Up: Strengthen procurement controls and oversight, ensuring all federally funded projects undergo independent competitive bidding and staff training.

Finding Text

Finding Reference 2024-06 Assistance Listing Number 20.027 Coronavirus State and Local Fiscal Recovery Funds Name of Federal Agency Department of Treasury Compliance Requirement Procurement, Suspension and Debarment Type of Finding: Material Weakness on Internal Control and Material Noncompliance Condition: As part of the audit procedures for Procurement, Suspension, and Debarment, the auditors tested a sample of two procurements. One of the procurements tested involved a federally funded rehabilitation project in the Municipality of Fajardo. However, when the auditors requested procurement documentation, management provided bidding records for a different project located in the Municipality of Toa Alta. Upon reviewing the bid, contract, and supporting documentation, the auditors found no reference to the Fajardo project. Instead, the work was certified and billed to the Authority using an "extra work order" under the project number assigned to the Toa Alta project. Since the Fajardo project was not competitively procured and was improperly included under an unrelated procurement process, the Authority failed to comply with federal procurement regulations. Criteria: In accordance with 2 CFR §§ 200.318–200.327 (Procurement Standards), all non-federal entities must conduct procurement in a manner that ensures full and open competition while adhering to established procurement procedures. Cause: The Authority did not conduct a separate competitive procurement process for the rehabilitation project in the Municipality of Fajardo. Instead, they included the project as part of an existing procurement process for a different project in the Municipality of Toa Alta. This occurred due to inadequate oversight and failure to ensure that federally funded projects follow proper procurement procedures. Effect: By not competitively procuring the Fajardo project and instead billing it as an "extra work order" under an unrelated project, the Authority did not comply with federal procurement regulations. This noncompliance could result in questioned costs, potential repayment of federal funds, and increased scrutiny from oversight agencies. Questioned Costs: $421,462 Recommendation: The Authority should strengthen its procurement controls to ensure that all federally funded projects undergo a proper and independent competitive bidding process. Management should implement additional oversight mechanisms, such as enhanced review procedures and staff training, to prevent the misallocation of contracts. Views of Responsible Officials Refer to Management’s unaudited corrective action plan.

Categories

Questioned Costs Procurement, Suspension & Debarment

Other Findings in this Audit

  • 544712 2024-002
    Significant Deficiency Repeat
  • 544713 2024-003
    Significant Deficiency
  • 544714 2024-005
    Significant Deficiency
  • 544715 2024-004
    Significant Deficiency Repeat
  • 544716 2024-005
    Material Weakness
  • 544717 2024-006
    Material Weakness
  • 1121154 2024-002
    Significant Deficiency Repeat
  • 1121155 2024-003
    Significant Deficiency
  • 1121156 2024-005
    Significant Deficiency
  • 1121157 2024-004
    Significant Deficiency Repeat
  • 1121158 2024-005
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
20.205 Highway Planning and Construction $187.56M
20.507 Federal Transit Formula Grants $12.30M
20.527 Public Transportation Emergency Relief Program $5.84M
20.525 State of Good Repair Grants Program $5.79M
20.500 Federal Transit Capital Investment Grants $5.23M
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.76M
20.505 Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research $1.06M
20.513 Enhanced Mobility of Seniors and Individuals with Disabilities $1.06M
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $244,290
20.509 Formula Grants for Rural Areas and Tribal Transit Program $104,711
20.526 Buses and Bus Facilities Formula, Competitive, and Low Or No Emissions Programs $49,373