Finding Text
2 CFR § 1000.10 gives regulatory effect to the Department of Treasury for 2 CFR § 200.320 that states that the non-Federal entity must have and use documented procurement procedures, consistent with the standards of 2 CFR § 200.317 - 200.320. Furthermore, 2 CFR 200.§ 320(a)(2) states that "small purchases are the acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity." 31 CFR 19.305 states that Non-Federal entities may not enter into a covered transaction with an excluded person, unless the Department of the Treasury grants an exception under 31 CFR § 19.120. 31 CFR 19.200 identifies “covered transactions” as nonprocurement or procurement transactions subject to the prohibitions of 31 CFR Part 19 which is either at the primary tier, between a Federal agency and a person, or at a lower tier, between a participant in a covered transaction and another person. 31 CFR 19.220 indicates that procurement contracts for goods or services awarded by a participant in a nonprocurement transaction are covered transactions if the amount of the contract is expected to equal or exceed $25,000 or meets certain other specified criteria outlined in 31 CFR § 19.220. All nonprocurement transactions, irrespective of award amount, are considered covered transactions, unless exempt by 31 CFR 19.215. 31 CFR 19.300 provide that when a non-Federal entity enters into a covered transaction, the non-Federal entity must verify that the entity is not excluded or disqualified. This verification may be accomplished by checking the System for Award Management (SAM) exclusions (https://sam.gov), collecting a certification from the entity, or adding a clause or condition to the covered transaction with that entity. The District has an established procurement policy and procedures manual, DJF-R, Purchasing Procedures, which states that for purchases above the micro purchases threshold of $10,000 and below the simplified acquisition threshold of $250,000, the District must obtain price rates or quotes from a minimum of two vendors or providers. The District Policy also states that no purchase will be made with federal funds unless the District verifies that the contractor is not suspended or debarred. Additionally, the District is responsible for checking the Ohio Auditor of State website, pursuant to Ohio Revised Code § 9.24 for certified unresolved findings of recovery for any sub-award or contract exceeding $25,000, or when the aggregate amount provided under multiple contracts with a single person or entity during the preceding fiscal year exceeded $50,000 and shall also confirm that the supplier is not debarred or suspended by doing one of the following: (i) checking the Federal government's SAM, which maintains a list of such debarred or suspended suppliers at www.sam.gov; (ii) collecting a certification from the supplier; or (iii) adding a clause or condition to the covered transaction with that supplier. The District did not have proper internal controls in place to document procurement procedures or to verify that all entities with whom the District had entered into covered transactions had not been suspended or debarred. During testing of the AL #21.027 Coronavirus State and Local Fiscal Recovery Funds program, we noted the District could not provide documentation supporting that rates or quotes were obtained from an appropriate number of vendors or providers for all three small purchase contracts reviewed. Additionally, we noted no evidence the District checked the SAM exclusions, collected a certification from the entity, or added a clause or condition to the covered transaction with the vendor for two out of three small purchase contracts that exceeded $25,000. The above-listed noncompliance also resulted in a qualified opinion over the AL #21.027 Coronavirus State and Local Fiscal Recovery Funds program. Failure to follow the applicable federal procurement, suspension & debarment requirements could result in unallowable purchases, misuse of public funds, questioned costs related to federal monies, or vendors receiving federal funds that are suspended or debarred. The District should implement internal control procedures to ensure they are following the established District policy as well as the federal procurement requirements for small purchases. Additionally, prior to entering into a contract for covered transactions, the District should verify the vendor is not suspended or debarred by checking the SAM exclusions, collecting a certification from the vendor, or adding a clause or condition to the covered transaction with the vendor.