Finding 1218811 (2025-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-06-25
Audit: 404891
Auditor: CBIZ CPAS PC

AI Summary

  • Core Issue: Procurement standards were not followed for a major construction contract, including lack of competitive bids and missing cost analysis.
  • Impacted Requirements: Non-compliance with 2 CFR 200.318-327 led to procurement transaction issues, despite valid expenditures.
  • Recommended Follow-up: Distribute and review the procurement policy with all relevant staff to ensure adherence to requirements.

Finding Text

Finding – Procurement, Suspension & Debarment - Congressional Grants; Assistance Listing Number 59.059; 9/1/22-8/31/27 Award Period, U.S. Small Business Administration Criteria or Specific Requirement Non-federal entities other than states, must follow the procurement standards set out at 2 CFR 200.318 through 200.327. They must use their own documented procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal statutes and the procurement requirements identified in 2 CFR part 200. Condition and Context One procurement transaction for a building construction contract which covers 100% of the major program expenditures was tested. We noted that the expenditures of the major program were for valid allowable activities and costs, however we noted that the procurement, suspension and debarment requirements for a procurement transaction over the simplified acquisition threshold were not followed including, not obtaining competitive bids, missing cost/price analysis, and selecting the contractor primarily on qualifications but without a valid noncompetitive justification. Also, the suspension and debarment search was not conducted however, we noted through a search that the contractor is not suspended or debarred. The sample was not statistically valid. Cause The Organization’s written procurement policy was not followed. Effect The procurement transaction for the federal award was not in compliance with the procurement requirements. Identification as a Repeat Finding Not a repeat finding. Questioned Costs Undeterminable – Questioned costs are costs identified as potentially noncompliant due to a violation of a statute, regulations, or the terms and conditions of a federal award; where costs are not supported by adequate documentation or where costs incurred appear unreasonable, not reflecting actions a prudent person would take in the circumstances. The expenditure incurred was tested and determined to be for valid allowable activities and costs but was not in compliance with the procurement requirements. Recommendation We recommend that the Organization’s procurement policy for purchasing and contracting decisions be distributed and reviewed by all appropriate staff to ensure that the procurement policy is followed and procurement requirements are met. Views of Responsible Officials and Planned Corrective Actions See Corrective Action Plan.

Corrective Action Plan

Finding: Procurement, Suspension & Debarment: Congressional Grants - One procurement transaction for a building construction contract which covers 100% of the major program expenditures was tested. We noted that the expenditures of the major program were for valid allowable activities and costs however, we noted that the procurement, suspension and debarment requirements for a procurement transaction over the simplified acquisition threshold were not followed including, not obtaining competitive bids, missing cost/price analysis, and selecting the contractor primarily on qualifications but without a valid noncompetitive justification. Also, the suspension and debarment search was not conducted. valid. Management is in agreement with this finding. Below is the corrective action plan Views of Responsible Officials and Corrective Action Plan: Management acknowledges that procurement procedures did not fully comply with federal requirements for procurements exceeding the simplified acquisition threshold. Specifically, required elements such as competitive bidding, cost/price analysis, formal justification for noncompetitive procurement, and suspension and debarment verification were not consistently performed or documented. To address this matter, management will implement the following corrective actions: • Formalized Procurement Policy Update: Update and formalize procurement policies to align with federal grant requirements, including specific guidance for procurements exceeding the simplified acquisition threshold. • Competitive Procurement Procedures: Require documented competitive bidding or proposals for all applicable procurements unless a valid and documented sole-source or noncompetitive justification is approved in advance. • Cost/Price Analysis Requirement: Implement a standard requirement to perform and document cost or price analysis for all significant procurement transactions. • Suspension and Debarment Verification: Require documented verification (e.g., SAM.gov search) that all contractors are not suspended or debarred prior to contract award. • Enhanced Review and Oversight: Implement a secondary review control to ensure all procurement documentation is complete and compliant prior to contract execution and payment. • Training and Compliance Awareness: Provide training to relevant personnel on federal procurement requirements, including documentation standards and compliance expectations. Responsible Official Warren McLean Completion Date: The project was completed on December 30, 2025. Mortenson is the largest contractor in Minnesota, and the 5th largest contractor in the United States. They completed a very complex commercial kitchen, NEON Collective Kitchens, a 25,000 square foot facility, one of the 5 largest commercial kitchens in the country. Going forward, we will adhere to the corrective action plan that we outlined above.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1218810 2025-002
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
59.059 CONGRESSIONAL GRANTS $1.00M