Finding 1155964 (2024-002)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-09-29
Audit: 368373
Organization: Brighter Bites (TX)

AI Summary

  • Core Issue: Brighter Bites did not follow proper procurement procedures for transactions over $10,000, leading to potential overspending.
  • Impacted Requirements: The organization failed to comply with federal and state procurement standards, including obtaining necessary bids and maintaining adequate documentation.
  • Recommended Follow-Up: Provide additional training for procurement staff on Brighter Bites’ procurement policy to ensure compliance.

Finding Text

Finding #2024-002 – Material Weakness and Other Noncompliance. Applicable federal programs: U. S. Department of Agriculture, State Administrative Matching Grants for Supplemental Nutrition Assistance Program (SNAP Cluster), Assistance listing #: 10.561, Passed through Texas Health and Human Services, Contract #: 529-16-002-00002, Contract Year: 10/01/23 – 09/30/24 and 10/01/24 – 09/30/25, Passed through New York Office of Temporary and Disability Assistance and City Harvest, Inc., Contract #: None, Contract Year: 10/01/23 – 09/30/24, Passed through New York Office of Temporary and Disability Assistance, Contract #: TDA01 – C00043GM-3410000, Contract Year: 10/01/24 – 09/30/25, Passed through The Regents of the University of California, Contract #: A22-1456-S002, Contract Year: 10/01/23 – 09/30/24, Passed through Pennsylvania State University, Contract #: S006438-COP-BRB, Contract Year: 10/01/24 – 09/30/25, Passed through New Mexico State University, Contract #: GSA 22-630-9000-0023, Contract Years: 10/01/23 – 09/30/24 and 10/01/24 – 09/30/25. Department of Treasury, Passed through Houston Food Bank, COVID-19 – Coronavirus State and Local Fiscal Recovery Funds, Assistance Listing #: 21.027, Contract #: HHS000493200003, Contact Year: 02/08/23 – 12/31/25. Applicable state programs: Texas A&M AgriLife Extension Service, Surplus Agricultural Products Grant Program, Contract #: GA-555-01, Contract Years: 09/01/23 – 08/31/24 and 09/01/24 – 08/31/25. Criteria: Procurement – Nonprofit organizations are required to conduct procurement transactions in a manner providing full and open competition consistent with standards prescribed in Uniform Guidance, Subtitle III Procurement Standards and Texas Grant Management Standards Procurement Standards and conform to federal and state laws and regulations and other contractual requirements. Uniform Guidance requires simplified acquisition procedures to be used on procurements above the micro purchase threshold, which is $10,000, but below the simplified acquisition threshold, which for Brighter Bites is $250,000. The organization must obtain an adequate number of quotations from qualified sources and must maintain records sufficient to detail the history of each procurement. These records must include the rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis of the contract price. Additionally, Uniform Guidance requires public notice for proposal requests for purchases over the Simplified Acquisition Threshold. Condition and context: During testing of a sample of 5 transactions requiring procurement, we identified that simplified acquisition procedures of obtaining and documenting bids were not performed for a vendor with expenditures greater than $10,000 but less than $250,000 and competitive procurement procedures were not performed for 2 vendors with expenditures greater than $250,000. Brighter Bites’ rational for the selection of the vendor and approval was documented, however the procurement file did not include bids from other vendors under the simplified acquisition procedures and did not include a request for proposal, vendor responses, and an evaluation of the proposals to support Brighter Bites’ procurement rationale. Cause: Failure to follow Brighter Bites’ procurement policy by those responsible for procurement. Effect: Failure to follow Brighter Bites’ procurement policy may result in Brighter Bites purchasing goods or services for more than would be necessary if required competitive procurement procedures had been followed. Recommendation: Provide additional training to employees responsible for procurement on Brighter Bites’ procurement policy. Views of responsible officials and planned corrective actions: Management agrees with the finding. See Corrective Action Plan.

Corrective Action Plan

Finding #2024-002 – Material Weakness and Other Noncompliance. Condition and context: During testing of a sample of 5 transactions requiring procurement, we identified that simplified acquisition procedures of obtaining and documenting bids were not performed for a vendor with expenditures greater than $10,000 but less than $250,000 and competitive procurement procedures were not performed for 2 vendors with expenditures greater than $250,000. Brighter Bites’ rational for the selection of the vendor and approval was documented, however the procurement file did not include bids from other vendors under the simplified acquisition procedures and did not include a request for proposal, vendor responses, and an evaluation of the proposals to support Brighter Bites’ procurement rationale. Recommendation: Provide additional training to employees responsible for procurement on Brighter Bites’ procurement policy. Corrective action plan: Management agrees with the finding. Brighter Bites will enhance procurement compliance by providing additional targeted training to all staff involved in procurement activities. The organization will also revise its procurement checklist to ensure full documentation, including bids or proposals, vendor evaluations, and justification for selection. Internal audits will be conducted periodically to assess adherence to policy. Responsible officer: Amy Priebe, Vice President of Operations. Estimated completion date: December 31, 2025.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1155952 2024-002
    Material Weakness Repeat
  • 1155953 2024-003
    Material Weakness Repeat
  • 1155954 2024-002
    Material Weakness Repeat
  • 1155955 2024-003
    Material Weakness Repeat
  • 1155956 2024-002
    Material Weakness Repeat
  • 1155957 2024-003
    Material Weakness Repeat
  • 1155958 2024-002
    Material Weakness Repeat
  • 1155959 2024-003
    Material Weakness Repeat
  • 1155960 2024-002
    Material Weakness Repeat
  • 1155961 2024-003
    Material Weakness Repeat
  • 1155962 2024-002
    Material Weakness Repeat
  • 1155963 2024-003
    Material Weakness Repeat
  • 1155965 2024-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $318,472
10.561 State Administrative Matching Grants for the Supplemental Nutrition Assistance Program $191,353
93.391 Activities to Support State, Tribal, Local and Territorial (stlt) Health Department Response to Public Health Or Healthcare Crises $119,895
10.331 Gus Schumacher Nutrition Incentive Program $90,704