Finding 1121164 (2024-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-03-31

AI Summary

  • Core Issue: The School Corporation lacks effective internal controls over procurement and suspension/debarment processes, leading to noncompliance with federal and state regulations.
  • Impacted Requirements: Noncompliance with 2 CFR 200.303, 200.318, and 200.320 regarding procurement procedures and internal controls.
  • Recommended Follow-Up: Implement a robust internal control system to ensure compliance, including proper documentation of procurement processes and adherence to both federal and state thresholds.

Finding Text

FINDING 2024-003 Subject: Child Nutrition Cluster - Procurement and Suspension and Debarment Federal Agency: Department of Agriculture Federal Programs: School Breakfast Program, National School Lunch Program, Summer Food Service Program for Children Assistance Listings Numbers: 10.553, 10.555, 10.559 Federal Award Numbers and Years (or Other Identifying Numbers): FY 2023, FY 2024 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Repeat Finding This is a repeat finding from the immediately prior audit report. The prior audit finding number was 2022-003. Condition and Context An effective internal control system, which would include segregation of duties, was not in place at the School Corporation in order to ensure compliance with requirements related to the grant agreement and the Procurement and Suspension and Debarment compliance requirement. Federal regulations allow for informal procurement methods when the value of the procurement for property or services does not exceed the simplified acquisition threshold, which is set at $250,000. However, Indiana Code 5-22-8 has a more restrictive threshold of $150,000 or less for when small purchase procedures may be used. This informal process allows for methods other than the formal bid process. The informal process is divided between two methods based on thresholds: micro-purchases, typically for those purchases $10,000 or under, and small purchase procedures for those purchases above the micropurchase threshold but below the simplified acquisition threshold. Nonfederal entities may establish a micro-purchase threshold higher than the federal threshold of $10,000 as established in the FAR in accordance with 2 CFR 200.320(a)(1)(iv) and (v). The School Corporation established a higher micropurchase threshold of $50,000. The School Corporation self-certified due to meeting the classification of a public institution and established a higher threshold consistent with state law (Indiana threshold of micropurchases is $50,000). Micro-purchases may be awarded without soliciting competitive price rate quotations. If small purchase procedures are used, then price or rate quotations must be obtained from an adequate number of qualified sources. Adequate internal controls were not in place over procurements made under the small purchase threshold for one of the two vendors tested during the audit period. The School Corporation made purchases with a vendor in fiscal year 2022-2023 totaling $97,773 and 2023-2024 totaling $59,070 but did not provide audit evidence that price quotations had been requested. Additionally, the School Corporation was not able to provide evidence that internal controls over suspension and debarment procedures were in place. The lack of internal controls was a systemic issue throughout the audit period. The noncompliance was isolated to procurement requirements. INDIANA STATE BOARD OF ACCOUNTS 18 LIBERTY-PERRY COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Criteria 2 CFR 200.303 states in part: "The 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 or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 2 CFR 200.318(a) states: "The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward. The non- Federal entity's documented procurement procedures must conform to the procurement standards identified in §§ 200.317 through 200.327." 2 CFR 200.320 states in part: "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. (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) . . . (iv) Non-Federal entity increase to the micro-purchase threshold up to $50,000. Non-Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit; (B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, INDIANA STATE BOARD OF ACCOUNTS 19 LIBERTY-PERRY COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) (C) For public institutions, a higher threshold consistent with State law. . . ." 2 CFR 180.300 states: "When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you intend to do business is not excluded or disqualified. You do this by: (a) Checking the SAM Exclusions; or (b) Collecting a certification from that person; or (c) Adding a clause or condition to the covered transaction with that person." Indiana Code 5-22-8-3 states in part: "(a) This section applies only if the purchasing agent expects the purchase to be: (1) at least fifty thousand dollars ($50,000); and (2) not more than one hundred fifty thousand dollars ($150,000). . . . (d) If the purchasing agent receives a satisfactory quote, the purchasing agent shall award a contract to the lowest responsible and responsive offeror for each line or class of supplies required. . . ." Cause The School Corporation was not able to provide documentation to demonstrate that quotes were obtained for purchases under the small purchase method. The School Corporation was unable to provide documentation to demonstrate it checked SAM.gov to verify the contractor was not suspended or debarred prior to entering into the contract. The School Corporation did not have proper policies and procedures in place due to being unaware of the grant requirements. Effect Without the proper implementation of an effectively designed system of internal controls, the School Corporation cannot ensure the contractors paid with federal funds are eligible to participate in federal programs. Any funds the School Corporation used to pay contractors that have been suspended or debarred would be unallowable, and the funding agency could potentially recover them. The School Corporation cannot ensure that contractors paid under the small purchase method were awarded the best price for their services. This could result in federal funding not providing as many services or projects as possible. Questioned Costs There were no questioned costs identified. INDIANA STATE BOARD OF ACCOUNTS 20 LIBERTY-PERRY COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Recommendation We recommended that the School Corporation strengthen its system of internal controls to ensure the proper procurement method is followed and documentation is retained. We recommended the School Corporation document its internal control procedures performed to ensure that all contractors that are paid $25,000 or more, all or in part with federal funds, are not suspended or debarred from participating in federal programs before entering into any contracts. We also recommended strengthening its policies and procedures to ensure appropriate evidence is retained for audit. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 544718 2024-003
    Material Weakness Repeat
  • 544719 2024-003
    Material Weakness Repeat
  • 544720 2024-003
    Material Weakness Repeat
  • 544721 2024-003
    Material Weakness Repeat
  • 544722 2024-003
    Material Weakness Repeat
  • 544723 2024-003
    Material Weakness Repeat
  • 544724 2024-004
    Material Weakness
  • 544725 2024-004
    Material Weakness
  • 544726 2024-004
    Material Weakness
  • 544727 2024-004
    Material Weakness
  • 544728 2024-004
    Material Weakness
  • 544729 2024-004
    Material Weakness
  • 544730 2024-005
    Material Weakness
  • 544731 2024-005
    Material Weakness
  • 544732 2024-005
    Material Weakness
  • 544733 2024-006
    Material Weakness
  • 544734 2024-006
    Material Weakness
  • 544735 2024-006
    Material Weakness
  • 544736 2024-007
    Material Weakness
  • 544737 2024-007
    Material Weakness
  • 544738 2024-007
    Material Weakness
  • 1121160 2024-003
    Material Weakness Repeat
  • 1121161 2024-003
    Material Weakness Repeat
  • 1121162 2024-003
    Material Weakness Repeat
  • 1121163 2024-003
    Material Weakness Repeat
  • 1121165 2024-003
    Material Weakness Repeat
  • 1121166 2024-004
    Material Weakness
  • 1121167 2024-004
    Material Weakness
  • 1121168 2024-004
    Material Weakness
  • 1121169 2024-004
    Material Weakness
  • 1121170 2024-004
    Material Weakness
  • 1121171 2024-004
    Material Weakness
  • 1121172 2024-005
    Material Weakness
  • 1121173 2024-005
    Material Weakness
  • 1121174 2024-005
    Material Weakness
  • 1121175 2024-006
    Material Weakness
  • 1121176 2024-006
    Material Weakness
  • 1121177 2024-006
    Material Weakness
  • 1121178 2024-007
    Material Weakness
  • 1121179 2024-007
    Material Weakness
  • 1121180 2024-007
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund 2023 $796,579
10.555 National School Lunch Program 2023 $517,059
10.555 National School Lunch Program 2024 $437,219
84.425 Education Stabilization Fund 2024 $367,286
84.027 Special Education Grants to States 2024 $248,683
84.010 Title I Grants to Local Educational Agencies 2023 $158,022
10.553 School Breakfast Program 2023 $108,097
10.553 School Breakfast Program 2024 $96,538
84.010 Title I Grants to Local Educational Agencies 2024 $85,118
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2024 $53,431
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2023 $32,840
84.424 Student Support and Academic Enrichment Program 2024 $23,232
84.424 Student Support and Academic Enrichment Program 2023 $21,213
10.559 Summer Food Service Program for Children 2024 $12,590
10.559 Summer Food Service Program for Children 2023 $12,407
84.173 Special Education Preschool Grants 2023 $10,245
84.173 Special Education Preschool Grants 2024 $9,125
84.027 Special Education Grants to States 2023 $8,551
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response 2024 $7,888
93.778 Medical Assistance Program 2023 $6,406
93.778 Medical Assistance Program 2024 $4,472
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response 2023 $4,035