Finding Text
2024-009 Information on the Federal Program: Assistance Listing Number 93.526; Grants for Capital Development in Health Centers; Department of Health and Human Services; Federal Award No. C8ECS44299 Criteria Or Specific Requirement: Procurement: According to 45 CFR 75.303, 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). Additionally, according to 45 CFR 75.327 Procurement standards, 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. 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 §75.329. The non-federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Noncompetitive procurements can only be awarded in accordance with §75.329(f). According to 45 CFR 75.329 Procurement Standards, there are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: 1. The item is available only from a single source; 2. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; Reference Number Finding 3. 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 4. After solicitation of a number of sources, competition is determined inadequate. Condition: The Organization did not clearly document the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. In addition, for noncompetitive procurements, there was no documentation to support which of the five criteria was met to allow for the noncompetitive procurement. Cause: Management did not have effective internal controls in place to ensure that procurement requirements were adequately documented and retained. Effect or Potential Effect: Procurement records were insufficient to meet the requirements noted in the Criteria section above, as well as the Organization's internal procurement policy. Questioned Costs: None Context: This project required a construction company / contractor be selected, which would require the procurement policy for selection of this company to be followed. There was no documentation to support why this company was selected for this project, which is also required under their internal procurement policy. Identification as a Repeat Finding, if Applicable: Not a repeat finding Recommendation: We recommend the Organization retain sufficient procurement documentation to meet the requirements noted in the Criteria section above. Views of Responsible Officials and Planned Corrective Actions: See separate auditee document for planned corrective action.