Finding 1239720 (2024-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2026-10-01

AI Summary

  • Core Issue: The Foundation failed to follow federal procurement rules for a construction contract in 2024.
  • Impacted Requirements: Formal procurement methods were required due to the contract's value exceeding the threshold set by Uniform Guidance.
  • Recommended Follow-Up: Establish an internal control process to ensure compliance with federal procurement requirements for all relevant purchases.

Finding Text

Finding 2024‐003: Procurement – material weakness in internal control over compliance and compliance finding. Criteria: Under the Uniform Guidance, formal procurement methods are required when the value of the procurement transaction under a Federal award exceeds the simplified acquisition threshold of the recipient or subrecipient. Formal procurement methods are competitive and require public notice. Condition: The Foundation did not adhere to federal procurement requirements when entering into a construction contract during the year. Cause: The procurement process and project award associated with this project originally occurred in 2019, including project planning, cost analysis, contractor evaluation, procurement activities, and a groundbreaking ceremony prior to the COVID‐19 pandemic. Due to COVID‐19‐ related delays and impacts, the commencement of construction activities was significantly postponed, resulting in the need for a new contract in 2024 for remaining work.Effect: The Foundation was not in compliance with federal procurement requirements for the new contract signed in 2024. Questioned Costs: None Recommendation: The Foundation should implement an internal control process that ensures federal procurement requirements are followed for all applicable purchases. Management’s response: See corrective action plan.

Corrective Action Plan

Finding 2024‐003 ‐ Procurement Management response. Management acknowledges the auditor's observation regarding the documentation and application of federal procurement requirements for the construction contract reviewed. The Foundation's response is to strengthen the prospective procurement process and the contemporaneous procurement file for all purchases and contracts supported by federal awards. The draft finding identifies no questioned costs. Corrective action already implemented / being implemented. The Foundation is implementing the procurement controls established in the Foundation Financial & Procurement Manual for compliance with applicable requirements under 2 CFR Part 200. For federally funded procurements, the process includes: Documenting the federal‐funding applicability determination and selecting the procurement method based on the applicable threshold and circumstances. Obtaining and retaining the required bids, quotes, or proposals; documenting the basis for contractor selection; and recording required approvals and conflict‐of‐interest considerations. Completing and retaining a cost or price analysis when required, including the basis for determining that the proposed price is reasonable. Using a procurement‐file checklist that captures the solicitation, responses, evaluation, award decision, contract, required federal clauses, invoices, approvals, and related correspondence. Requiring management review of the procurement file before contract execution and, where applicable, before payment or reimbursement under the federal award.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1239718 2024-001
    Material Weakness Repeat
  • 1239719 2024-002
    Material Weakness Repeat
  • 1239721 2024-004
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $1.69M