Finding Text
Type of Finding: (E) Material Weakness in Internal Control Over Compliance of Federal Awards (H) Instance of Material Non-Compliance related to Federal Awards Federal Award Information Funding Agency: U.S. Department of Defense, passed through the Air Force Research Laboratory Title: New Space New Mexico Small Satellite Manufacturing and Innovation Hub (iHub) AL #: 12.599 Award #: FA9453-21-3-1001 Compliance Requirement: Procurement Award Period: 06/01/2021-05/31/2026 Questioned Costs: $419,036 Condition We tested 12 noncompetitive/sole-source procurement(s) from a population of 15 procurement transactions charged to the award during 2023, totaling $628,722. For 10 of 12 procurement files (totaling $419,036), the files did not include (a) documentation supporting the rationale for using a noncompetitive method and (b) documentation of approvals required by New Space policy and/or award terms. New Space provided a sole-source justification during inquiry; however, it was not retained in the procurement file at the time of our testing. Criteria Management is responsible for establishing and maintaining internal controls to ensure procurement activities are conducted in accordance with applicable requirements and that sufficient documentation is maintained to support procurement decisions, including the use of noncompetitive procurement methods. Recipients/subrecipients must maintain procurement records sufficient to detail the history of each procurement transaction, including the rationale for the procurement method, contractor selection/rejection, and the basis for the contract price. Noncompetitive procurement may be used only under specific circumstances (e.g., single source; emergency; written Federal/PTE approval when required; inadequate competition after solicitation). Recipients/subrecipients must establish, document, and maintain effective internal control over the Federal award. Effect Without adequate documentation supporting sole-source procurements, New Space cannot demonstrate that procurement decisions were appropriate or compliant. This increases the risk of noncompliance with procurement requirements, limits transparency, and may result in questioned costs or disallowed expenditures. Cause Procurement policy lacked a required checklist/control for documenting sole-source basis and retaining approvals; or control not operating due to training/turnover. Recommendation Management should implement a documented sole-source procurement control requiring: (1) pre-award written justification tying to an allowable noncompetitive circumstance, (2) documented price/cost basis, (3) documented required approvals, and (4) retention in the procurement file; assign ownership to the financial analyst and require periodic file quality reviews. Management should also review existing procurement files to identify and remediate missing documentation and provide training to staff responsible for procurement activities. Views of Responsible Officials and Planned Corrective Action New Space will follow federal procurement requirements in accordance with 2 CFR 200 to ensure all purchases are properly documented and supported. All purchases must be necessary, reasonable, and allowable. For sole-source procurements, a written justification, price or cost support, and required approvals must be completed prior to purchase and retained in the procurement file. The Financial Analyst will ensure documentation is complete before payment, and the Executive Director will perform periodic reviews. Existing files will be reviewed and updated as needed. Policy Owner: Financial Analyst; Implementation Date: January 31, 2024