Finding 11957 (2022-002)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2024-02-06

AI Summary

  • Core Issue: The District lacked adequate internal controls for federal procurement compliance, leading to material noncompliance.
  • Impacted Requirements: Federal regulations require competitive bidding and documentation for purchases over $10,000, which the District failed to follow.
  • Recommended Follow-up: Establish robust internal controls to ensure compliance with procurement requirements and retain necessary documentation for all purchases.

Finding Text

SCHEDULE OF FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Kent School District No. 415 September 1, 2021 through August 31, 2022 2022-002 The District did not have adequate internal controls for ensuring compliance with federal procurement requirements. Assistance Listing Number and Title: 84.027 – Special Education Grants to States 84.173 – COVID-19 – Special Education Preschool Grants 84.173 – Special Education Preschool Grants Federal Grantor Name: U.S. Department of Education, Office of Special Education and Rehabilitation Services Federal Award/Contract Number: N/A Pass-through Entity Name: Office of Superintendent of Public Instruction (OSPI) Pass-through Award/Contract Number: 307485, 338471 Known Questioned Cost Amount: Prior Year Audit Finding: $0 N/A Background The District spent $5,888,268 in Special Education Cluster grant funds during the 2021–22 school year. The objective of the Special Education program is to help education agencies provide special education and related services to all children with disabilities. Federal regulations require recipients of federal awards to establish and follow internal controls to ensure compliance with program requirements. These controls include understanding grant requirements and monitoring the effectiveness of established controls. When using federal funds to purchase goods or services, governments must apply the most restrictive of federal requirements, state law, or local policies by obtaining quotes or following a competitive bid process, depending on the estimated cost of the purchase. Governments must also keep documentation supporting the procurement method they used. District policy conforms to the most restrictive laws for purchases, requiring written quotations from three or more qualified sources for purchases of goods and services costing between $10,000 and $250,000. In addition, state and federal requirements allow local entities to bypass normal procurement laws through a process commonly referred to as “piggybacking.” This process allows entities to purchase goods and services using contracts awarded by another government or group of governments via an interlocal agreement or cooperative. To comply with piggybacking requirements under state law, the entity must enter into this interlocal agreement or cooperative and confirm the awarding entity followed all procurement laws and regulations applicable to the awarding entity before it purchases services or goods from the other entity’s contract. A nonpublic agency (NPA) is an entity authorized by the Office of Superintendent of Public Instruction under Chapter 28A.300 RCW to contract with a school district to provide a program of special education services for students whose special education needs cannot be met by their resident school district. NPAs are nonprocurement transactions, so districts do not have to demonstrate competition. Description of Condition Our audit found the District did not have adequate internal controls for ensuring compliance with federal procurement requirements. Specifically, the District procured special education services from a professional service contractor at a total cost of $837,361 without obtaining sealed bids or announcing a request for proposals, as federal regulations and District policy require. The District also piggybacked onto another government’s contract to purchase special education curriculum totaling $75,717, but did not retain supporting documentation showing it verified the awarding government followed applicable procurement requirements before purchasing the services. We consider these deficiencies in internal controls to be a material weakness that led to material noncompliance. Cause of Condition The District had worked previously with the professional service contractor. Staff thought the District did not need to competitively procure the services because the contractor was on the NPA list. However, the contractor was no longer on the NPA list during the audit period, and District staff did not know this before purchasing the services. In addition, staff did not know the District needed to obtain procurement documentation from the awarding agency to verify the process complied with procurement requirements before purchasing the curriculum. Effect of Condition and Questioned Costs Without effective internal controls that ensure it follows procurement and piggybacking procedures, the District cannot demonstrate it complied with applicable federal procurement requirements and received the best price for the curriculum. Recommendation We recommend the District establish and follow internal controls to ensure it complies with procurement requirements for purchases of goods and services. District’s Response The district acknowledges that it did not request and retain the competitive bid documentation in a situation where it “piggy-backed” on another governmental entity’s purchase of special education curriculum materials. It further acknowledges that it mistakenly coded expenses for a professional service contractor to federal rather than state special education funds; this triggered procurement requirements which were unintended. The compliance issues cited are solely related to documentation, rather than the actual allowability of the costs. Auditor’s Remarks We appreciate the District’s commitment to resolving the issue. We will review the condition during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR Part 200, Uniform Guidance, section 318, General procurement standards, establishes requirements for written procedures. Title 2 CFR Part 200, Uniform Guidance, Section 319 — Competition, establishes all procurement transactions are to be conducted in a manner providing full and open competition. Title 2 CFR Part 200, Uniform Guidance, section 320, Methods of procurement to be followed, establishes requirements for procuring with federal funds by nonfederal entities.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 11953 2022-003
    Material Weakness
  • 11954 2022-002
    Material Weakness
  • 11955 2022-002
    Material Weakness
  • 11956 2022-002
    Material Weakness
  • 11958 2022-001
    Significant Deficiency Repeat
  • 11959 2022-001
    Significant Deficiency Repeat
  • 11960 2022-001
    Significant Deficiency Repeat
  • 11961 2022-001
    Significant Deficiency Repeat
  • 11962 2022-001
    Significant Deficiency Repeat
  • 11963 2022-001
    Significant Deficiency Repeat
  • 11964 2022-001
    Significant Deficiency Repeat
  • 588395 2022-003
    Material Weakness
  • 588396 2022-002
    Material Weakness
  • 588397 2022-002
    Material Weakness
  • 588398 2022-002
    Material Weakness
  • 588399 2022-002
    Material Weakness
  • 588400 2022-001
    Significant Deficiency Repeat
  • 588401 2022-001
    Significant Deficiency Repeat
  • 588402 2022-001
    Significant Deficiency Repeat
  • 588403 2022-001
    Significant Deficiency Repeat
  • 588404 2022-001
    Significant Deficiency Repeat
  • 588405 2022-001
    Significant Deficiency Repeat
  • 588406 2022-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
32.009 Covid-19 - Emergency Connectivity Fund Program $9.29M
10.553 School Breakfast Program $1.59M
84.367 Improving Teacher Quality State Grants $1.16M
10.555 National School Lunch Program $924,422
84.334 Gaining Early Awareness and Readiness for Undergraduate Programs $616,835
84.027 Special Education_grants to States $600,302
84.424 Student Support and Academic Enrichment Program $468,071
84.048 Career and Technical Education -- Basic Grants to States $262,164
93.566 Refugee and Entrant Assistance_state Administered Programs $228,790
84.365 English Language Acquisition State Grants $227,813
10.582 Fresh Fruit and Vegetable Program $208,558
84.173 Special Education_preschool Grants $132,492
84.060 Indian Education_grants to Local Educational Agencies $91,836
10.559 Summer Food Service Program for Children $90,473
84.425 Covid 19 - Education Stabilization Fund $72,910
84.010 Title I Grants to Local Educational Agencies $23,829
10.558 Child and Adult Care Food Program $14,278
84.173 Covid 19 - Special Education_preschool Grants $9,312
10.665 Schools and Roads - Grants to States $8,428
10.649 Covid 19 - Pandemic Ebt Administrative Costs $5,814
12.U01 Jrotc Program $2,103