Finding 1165277 (2024-005)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2025-12-18

AI Summary

  • Core Issue: The Ohio County Fiscal Court did not publicly advertise bids for most projects under the Emergency Watershed Protection Program, leading to a lack of fair competition.
  • Impacted Requirements: Violations of KRS 424.260 and 2 CFR section 200.318(a) regarding proper procurement procedures and advertising requirements for contracts over $40,000.
  • Recommended Follow-Up: Implement stronger internal controls and training for staff to ensure compliance with bidding laws and maintain accurate records of all procurement transactions.

Finding Text

The Ohio County Fiscal Court failed to publicly advertise for bids for all but two of the work site projects for the Emergency Watershed Protection Program project. While the county advertised a pre-bid meeting in the local newspaper for prospective companies to get an opportunity to learn about the project, the actual request for bids should have also been advertised in the local newspaper to ensure fair and cost effective procurement procedures. The total of the amount paid for services not properly advertised was $555,000. A total of $766,100 was spent for this program in the audit year. Per the emergency management staff, this was likely due to a misunderstanding and oversight of what was advertised. They had maintained documentation of the pre-bid meeting being advertised and thought that the actual bid request was advertised as well, but it appears it was not. By not following proper bidding procedures, the public was not made aware of the request for bids for this project and did not have an opportunity to apply to provide services for the project. Only those who attended the pre-bid meeting knew of the bidding procedures and the specifications for the projects. KRS 46.010(2) requires, “each county treasurer, and each county officer who receives or disburses state funds, to keep an accurate account of receipts and disbursements, showing a daily balance of receipts and disbursements.” KRS 46.010(3) requires, “all county officers handling state funds, other than taxes, to make an annual report to the Department for Local Government showing receipts and disbursements, and to make other financial statements as the Department for Local Government requires.” Strong internal controls require management to monitor disbursements to ensure compliance with procurement laws, and to keep good records of all bids and other procurement transactions. KRS 424.260 requires that all contractual services other than professional involving expenditures of greater than $40,000 to be advertised in the local newspaper for bids. In addition, 2 CFR section 200.318 (a) states “The recipient or subrecipient must maintain and use documented procedures for procurement transactions under a Federal award or subaward, including for acquisition of property or services. These documented procurement procedures must be consistent with State, local, and tribal laws and regulations and the standards identified in §§ 200.317 through 200.327." Repeat Finding: This is not a repeat finding from the previous year.

Corrective Action Plan

In our audit findings there was noted $555,000 in bids awarded were not properly advertised. There was an advertisement for a pre-bid meeting for the projects. The projects were the removal of blockages on Rough River with money received from NRCS for that purpose. The intention was for the ad to say the projects were open and that bids were to be received by a certain date. The ad was improperly ran but not intentionally. We will double check all items going to bid. If an item is sent by any department it will be double checked at the Judge Executive's office. If it originates here it will be double checked by the treasurer's office.

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring Internal Control / Segregation of Duties

Programs in Audit

ALN Program Name Expenditures
14.228 COMMUNITY DEVELOPMENT BLOCK GRANTS/STATE'S PROGRAM AND NON-ENTITLEMENT GRANTS IN HAWAII $1.96M
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $916,980
10.923 EMERGENCY WATERSHED PROTECTION PROGRAM $766,100
97.036 DISASTER GRANTS - PUBLIC ASSISTANCE (PRESIDENTIALLY DECLARED DISASTERS) $129,218
97.039 HAZARD MITIGATION GRANT $63,233
93.045 SPECIAL PROGRAMS FOR THE AGING_TITLE III, PART C_NUTRITION SERVICES $55,788
97.042 EMERGENCY MANAGEMENT PERFORMANCE GRANTS $29,755