Finding 1236544 (2025-001)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-09-24

AI Summary

  • Core Issue: Repeat finding of significant deficiencies in procurement practices under the Unaccompanied Alien Children Program, affecting compliance with federal procurement standards.
  • Impacted Requirements: Non-compliance with 2 CFR procurement standards, including lack of documented bids and competition, leading to potential contracts with unsuitable vendors.
  • Recommended Follow-Up: Systematically reprocure non-compliant contracts and ensure adherence to all procurement guidelines to mitigate risks.

Finding Text

2025-001 Repeat finding 2024-001, 2023-001, 2022-001, and 2021-002 FAN 93.676 Unaccompanied Alien Children Program Procurement and Suspension & Debarment Type of Finding: Significant Deficiency and Non-Compliance U.S. Department of Health & Human Services Criteria Non-federal entities other than states, including those operating federal programs as subrecipients of states, must follow the procurement standards set out at 2 CFR sections 200.318 through 200.326. 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. A non-federal entity must: 1. Meet the general procurement standards in 2 CFR section 200.318, which include oversight of contractors’ performance, maintaining written standards of conduct for employees involved in contracting, awarding contracts only to responsible contractors, and maintaining records to document history of procurements. 2. Conduct all procurement transactions in a manner providing full and open competition, in accordance with 2 CFR section 200.319. 3. Use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR sections 200.320(a) (1) and (2). 4. For acquisitions exceeding the simplified acquisition threshold, the non-federal entity must use one of the following procurement methods: the sealed bid method if the acquisition meets the criteria in 2 CFR section 200.320(b); the competitive proposals method under the conditions specified in 2 CFR section 200.320((b) (2); or the noncompetitive proposals method (i.e., solicit a proposal from only one source) but only when one or more of four circumstances are met, in accordance with 2 CFR section 200.320(c)). 5. Perform a cost or price analysis in connection with every procurement action in excess of the simplified acquisition threshold, including contract modifications (2 CFR section 200.323(a)). The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used (2 CFR section 200.323(b)). 6. Ensure that every purchase order or other contract includes applicable provisions required by 2 CFR section 200.326. These provisions are described in Appendix II to 2 CFR Part 200, “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.” The requirements that apply to procurement under grants and cooperative agreements are contained in 2 CFR sections 200.317 through 200.326, program legislation, federal awarding agency regulations, and the terms and conditions of the award. Non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. “Covered transactions” include contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria as specified in 2 CFR section 180.220. All non-procurement transactions entered into by a pass-through entity (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. The requirements for non-procurement suspension and debarment are contained in OMB guidance in 2 CFR Part 180, which implements Executive Orders 12549 and 12689, “Debarment and Suspension;” federal awarding agency regulations in Title 2 of the CFR adopting/implementing the OMB guidance in 2 CFR Part 180; program legislation; and the terms and conditions of the award. Cause and Condition With the termination of the Unaccompanied Alien Children Program (the Program) during fiscal year 2025, there were significant cuts in staffing, including in the purchasing and procurement departments. This is coupled with the fact that the remaining staff do not have the same access rights and historical knowledge of the history of the procurements for the vendors utilized in the Program. This resulted in procurement documents that could not be located during audit test work. Out of the eight procurement samples tested, six required obtaining bids or quotes from multiple vendors to determine best value. Five out of the six had the bid information for the winning vendor only, with no documentation of other bids obtained. One of the six did not have any bid documentation, including that of the winning vendor. Effect or Potential Effect The Organization could potentially be under contract with vendors that are not the best value, not adequately qualified, or otherwise not suitable for contract under federal procurement guidelines. No questioned costs were identified, as services/goods under these contracts that were previously tested were deemed to be allowable under the program, and no exceptions noted for allowable costs/activities for samples that included payment to those vendors in previous years or current year. Recommendation The Organization should continue to follow all the required procurement guidelines, including systematically reprocuring any current contracts not in compliance as soon as feasible. Views of Responsible Officials and Planned Corrective Actions See corrective action plan.

Corrective Action Plan

Corrective Action Plan (CAP) Finding 2025-001 – Procurement Documentation Program: FAN 93.676 Unaccompanied Alien Children Program Finding Type: Significant Deficiency and Non-Compliance Agency: U.S. Department of Health & Human Services Management Response SWK respectfully acknowledges the auditors' concerns regarding the retention and availability of historical procurement documentation. However, SWK notes that this finding relates primarily to documentation retention and retrieval rather than a failure to perform procurement activities or suspension and debarment verification. The primary issue resulted from the termination of the Unaccompanied Alien Children (UAC) Program during Fiscal Year 2025, which led to significant organizational downsizing, including the elimination of the Procurement Department. Historical procurement, solicitation, and bid documentation had been maintained within a procurement software platform administered by that department. Following program closure and the departure of procurement personnel, the software platform was decommissioned, resulting in certain historical procurement records no longer being readily accessible during the audit. SWK did, however, provide evidence that vendors selected for procurement actions were screened for suspension and debarment in accordance with federal requirements. Additionally, two of the six contracts exceeding the simplified acquisition threshold represented renewals of previously procured contracts; however, complete historical bid files could not be retrieved for audit review. SWK further notes that as of the date of this corrective action plan: • The UAC Program has been terminated. • SWK no longer maintains a dedicated Procurement Department. • SWK has no active federal procurement contracts over $250,000 requiring formal solicitation procedures. • No questioned costs were identified by the auditors. • The auditors concluded that services and goods purchased under the reviewed contracts were allowable and supported program operations. Corrective Actions Although the circumstances surrounding this finding relate to historical records associated with a discontinued program, SWK has implemented the following actions to strengthen document retention and procurement oversight for any future federally funded procurements: 1. Centralized Procurement Record Retention SWK has established a requirement that all procurement-related documentation, including solicitations, bid responses, evaluations, vendor selection justifications, contract approvals, and suspension/debarment verifications, be maintained in a centralized electronic repository controlled by Finance and Administration, rather than an individual department or software administrator. 2. Procurement Documentation Checklist SWK will continue to utilize a standardized procurement checklist for any future procurement transactions subject to federal procurement requirements. The checklist will ensure required documentation is retained and readily accessible for monitoring or audit purposes. 3. Enhanced Document Archiving Procedures Prior to the discontinuation of any program, department, or software platform, SWK will perform a records-retention review to ensure all procurement and contract documentation subject to federal record retention requirements is archived and preserved. 4. Management Oversight The Chief Administrative Officer will be responsible for periodic reviews of procurement files to verify that required documentation is complete and retained in accordance with federal and organizational requirements. 5. Future Procurements SWK will review and update its documented procurement procedures to conform to applicable federal statutes, the procurement requirements identified in 2 CFR Part 200, and the new federal procurement thresholds as of October 1, 2025. Further, SWK will institute a centralized purchasing function under Finance and Administration to facilitate the review of procurements to ensure compliance with both 2 CFR Part 200 and the terms and conditions of awards. This function will ensure the enforcement of the procedures mentioned above by: - Conducting vetted vendor onboarding and ongoing management via periodic reviews to verify that non-federal entities, contracts, and subrecipients are not suspended, debarred, or otherwise excluded from participation in federal programs - Obtaining appropriate documentation of multiple vendor quotes and/or sole source justification for small purchases greater than the micro-purchase threshold, but below the simplified acquisition threshold - Managing, following, and documenting the simplified acquisition procedures for purchases greater than or equal to the simplified acquisition threshold Expected Completion Date: In process and to be completed by December 31, 2026 Ongoing monitoring and compliance reviews will continue for any future procurement activities. Status Corrective action substantially implemented. Upon review of current FY2026 purchases and due to the closure of the UAC Program, the risk associated with this finding has been significantly reduced. The corrective actions above are designed to ensure appropriate documentation retention and compliance should future federally funded procurement activities occur. Responsible Officials: Chief Administrative Officer, Marisol Cervera

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1236522 2025-001
    Material Weakness Repeat
  • 1236523 2025-001
    Material Weakness Repeat
  • 1236524 2025-001
    Material Weakness Repeat
  • 1236525 2025-001
    Material Weakness Repeat
  • 1236526 2025-001
    Material Weakness Repeat
  • 1236527 2025-001
    Material Weakness Repeat
  • 1236528 2025-001
    Material Weakness Repeat
  • 1236529 2025-001
    Material Weakness Repeat
  • 1236530 2025-001
    Material Weakness Repeat
  • 1236531 2025-001
    Material Weakness Repeat
  • 1236532 2025-001
    Material Weakness Repeat
  • 1236533 2025-001
    Material Weakness Repeat
  • 1236534 2025-001
    Material Weakness Repeat
  • 1236535 2025-001
    Material Weakness Repeat
  • 1236536 2025-001
    Material Weakness Repeat
  • 1236537 2025-001
    Material Weakness Repeat
  • 1236538 2025-001
    Material Weakness Repeat
  • 1236539 2025-001
    Material Weakness Repeat
  • 1236540 2025-001
    Material Weakness Repeat
  • 1236541 2025-001
    Material Weakness Repeat
  • 1236542 2025-001
    Material Weakness Repeat
  • 1236543 2025-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
93.676 UNACCOMPANIED CHILDREN PROGRAM $59.39M
93.243 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES PROJECTS OF REGIONAL AND NATIONAL SIGNIFICANCE $238,265
16.540 JUVENILE JUSTICE AND DELINQUENCY PREVENTION $29,244
84.047 TRIO UPWARD BOUND $22,466
10.555 NATIONAL SCHOOL LUNCH PROGRAM $9,516
93.556 MARYLEE ALLEN PROMOTING SAFE AND STABLE FAMILIES PROGRAM $7,760
93.590 COMMUNITY-BASED CHILD ABUSE PREVENTION GRANTS $6,137
10.553 SCHOOL BREAKFAST PROGRAM $4,760
16.123 COMMUNITY-BASED VIOLENCE PREVENTION PROGRAM $2,408