Finding 1171923 (2024-009)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2026-02-02
Audit: 384963
Organization: Community Benefit Solutions (PA)

AI Summary

  • Core Issue: The Food Program has a material weakness in internal controls, resulting in net cash resources exceeding the allowable limit by $2,354,119 as of June 30, 2024.
  • Impacted Requirements: Compliance with 7 CFR Part 210, which mandates that net cash resources should not exceed three months of average expenditures for nonprofit school food services.
  • Recommended Follow-Up: CBS Food Program should collaborate with PDE to create a plan for utilizing excess funds and implement monitoring processes to prevent future violations.

Finding Text

2024-009 Federal Agencies: U.S. Department of Agriculture Federal Program Names: The Child Nutrition Cluster: National School Lunch Program Summer Food Service Program Child and Adult Care Food Program Assistance Listing Numbers: 10.555 10.559 10.558 Pass-Through Agency: Commonwealth of Pennsylvania, Department of Education Pass-Through Number: 359-46-477-8 Award Period: July 1, 2023 through June 30, 2024 Type of Finding: • Material Weakness in Internal Control over Compliance Criteria: The only program included in this audit with a clear definition of an excessive fund balance is the NSLP. This measure is detailed in 7 CFR 210, excerpts of which are included below: • Per 7 CFR Part 210, "The school food authority shall limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved by the State agency in accordance with §210.19(a)." Criteria (Continued): • 7 CFR Part 210 defines net cash resources as: "all monies, as determined in accordance with the State agency's established accounting system, that are available to or have accrued to a school food authority's nonprofit school food service at any given time, less cash payable. Such monies may include, but are not limited to, cash on hand, cash receivable, earnings on investments, cash on deposit and the value of stocks, bonds or other negotiable securities." • 7 CFR Part 210 definitions provide, "Nonprofit school food service account means the restricted account in which all of the revenue from all food service operations conducted by the school food authority principally for the benefit of school children is retained and used only for the operation or improvement of the nonprofit school food service. This account shall include, as appropriate, non-Federal funds used to support paid lunches as provided in §210.14(e), and proceeds from non-program foods as provided in §210.14(£)." • CACFP guidance does not clearly define what constitutes an excessive fund balance. FNS Instruction 796-2, Rev. 4, VI D Excessive Nonprofit Food Service Account Balances states: "Each State agency must determine what constitutes an excessive nonprofit food service Program balance and the corrective actions an institution must take to reduce an excess balance." PDE has communicated that it applies the NSLP excessive fund balance standard (stated above) to the CACFP. Condition: Based on Commonwealth of Pennsylvania, Office of the Budget, Bureau of Audits (Commonwealth), testing and calculations of the CBS Food Program's Net Cash Resources Available and their 3 months averages expenditures, the Commonwealth determined the Food Program's net cash resources exceeded their 3 months average expenditures as of June 30, 2024. The Commonwealth calculated both 3-month average operating expenditures and Net Cash Resources Available based on financial statement information provided by CBS Food Program. The Commonwealth's calculations of Net Cash Resources found that the Food Program exceeded their 3 months average expenditures by $2,354,119 as of June 30, 2024. The Pennsylvania Department of Education (PDE) has been communicating with CBS Food Program to develop plans for spending down their excess non-profit food program balance. Questioned Costs: None Cause: The Food Program lacked effective processes to ensure net cash resources did not exceed allowable amounts. Effect: Excess surplus funds are available to further improve or expand the Food Program's nonprofit food service for program participants. Recommendation: CBS Food Program should work with PDE to develop a plan to appropriately utilize its resources. In the future, the Food Program should monitor cash resources to ensure they do not exceed maximum thresholds required by federal regulations. Excess food program resources can be used to improve or expand the nonprofit food service for program participants. Views of Responsible Officers and Corrective Action Plan: Please refer to Community Benefit Solutions dba CBS Food Program’s Corrective Action Plan.

Corrective Action Plan

2024-009 Material Weakness in Internal Control over Compliance The Child Nutrition Cluster: 10.555 – National School Lunch Program and 10.559 – Summer Food Service Program 10.558 – Child and Adult Care Food Program Commonwealth of Pennsylvania, Department of Education Contract Number: 359-46-477-8 Condition: Based on Commonwealth of Pennsylvania, Office of the Budget, Bureau of Audits (Commonwealth), testing and calculations of the CBS Food Program's Net Cash Resources Available and their 3 months averages expenditures, the Commonwealth determined the Food Program's net cash resources exceeded their 3 months average expenditures as of June 30, 2024. The Commonwealth calculated both 3-month average operating expenditures and Net Cash Resources Available based on financial statement information provided by CBS Food Program. The Commonwealth's calculations of Net Cash Resources found that the Food Program exceeded their 3 months average expenditures by $2,354,119 as of June 30, 2024. The Pennsylvania Department of Education (PDE) has been communicating with CBS Food Program to develop plans for spending down their excess non-profit food program balance. Recommendation: CBS Food Program should work with PDE to develop a plan to appropriately utilize its resources. In the future, the Food Program should monitor cash resources to ensure they do not exceed maximum thresholds required by federal regulations. Excess food program resources can be used to improve or expand the nonprofit food service for program participants. Repeat Finding: No Explanation of Disagreement with Audit Finding There is no disagreement with the audit finding. Action taken in response to finding: Community Benefit Solutions agrees in principle with this finding; however, disputes the amount of Net Cash Resources Available in Excess of Federal Regulation. Based on the 2025 Year End Balance, CBS Food Program has $1,087,495.35 in cash and $2,106,728.79 in Certificates of Deposits which totals $3,194,224.11 in Net Cash Resources. CBS Food Program's expenditures during the 24-25 Program Year totaled $8,542,614, which results in allowable Net Cash Resources of$2,135,653.50 (three months of total expenditures). More accurately, the expected expenditures for the 25-26 Program Year are $7,167,206, results in allowable Net Cash Resources of $1,791,801.50. Accordingly, Community Benefit Solutions contends that the Net Cash Resources Available in Excess of Federal Regulations is $1,793,571. Prior to the issuance of the Draft Report, Community Benefit Solutions provided PDE with a preliminary Spend Down Proposal based on an expected $2,800,000 in excess funds. The Spend Down Proposal included, among other things, $837,000 set aside for the purpose of equipping Community Benefit Solutions' new headquarters with a commercial kitchen, refrigerator, and freezer (the "Warehouse Buildout"). PDE approved the portion of the Spend Down Plan pertaining to the Warehouse Buildout. The Board of Directors along with Community Benefit Solutions leadership and PDE will continue to coordinate and determine appropriate and allowable actions to spend down Net Cash Resources in accordance with the federal requirements. Planned completion date for corrective action plan: June 30, 2025

Categories

School Nutrition Programs

Other Findings in this Audit

  • 1171903 2024-004
    Material Weakness Repeat
  • 1171904 2024-006
    Material Weakness Repeat
  • 1171905 2024-007
    Material Weakness Repeat
  • 1171906 2024-008
    Material Weakness Repeat
  • 1171907 2024-009
    Material Weakness Repeat
  • 1171908 2024-010
    Material Weakness Repeat
  • 1171909 2024-011
    Material Weakness Repeat
  • 1171910 2024-012
    Material Weakness Repeat
  • 1171911 2024-004
    Material Weakness Repeat
  • 1171912 2024-006
    Material Weakness Repeat
  • 1171913 2024-007
    Material Weakness Repeat
  • 1171914 2024-008
    Material Weakness Repeat
  • 1171915 2024-009
    Material Weakness Repeat
  • 1171916 2024-010
    Material Weakness Repeat
  • 1171917 2024-011
    Material Weakness Repeat
  • 1171918 2024-012
    Material Weakness Repeat
  • 1171919 2024-004
    Material Weakness Repeat
  • 1171920 2024-005
    Material Weakness Repeat
  • 1171921 2024-006
    Material Weakness Repeat
  • 1171922 2024-007
    Material Weakness Repeat
  • 1171924 2024-010
    Material Weakness Repeat
  • 1171925 2024-011
    Material Weakness Repeat
  • 1171926 2024-012
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
10.558 CHILD AND ADULT CARE FOOD PROGRAM $5.69M
10.555 NATIONAL SCHOOL LUNCH PROGRAM $780,169
10.559 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN $16,260