Finding 1240410 (2025-004)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-10-13

AI Summary

  • Core Issue: Lack of a documented formal procurement policy for federal grant awards, leading to noncompliance with federal procurement standards.
  • Impacted Requirements: Failure to conduct competitive price analyses and verify vendor suspension/debarment as mandated by 2 CFR §200.318-327 and §200.214.
  • Recommended Follow-Up: Develop and implement written procurement policies, provide training for purchasing staff, and review vendor contracts to ensure compliance with Uniform Guidance.

Finding Text

2025-004 Procurement Policy Criteria: Under 2 CFR §200.318 through 200.327, General Procurement Standards, a non-federal entity must use and document procurement procedures for the acquisition of property or services required under a federal award or subaward. Additionally, the non-federal entity must include policies and procedures related to competition, informal and formal procurement methods, and noncompetitive procurement known as sole source. 2 CFR §200.214, Suspension and Debarment, requires entities to verify that vendors are not suspended or debarred from participating in federal funds. Condition: There is no evidence of a documented formal procurement policy with regards to federal grant awards and expenditures; no documented support that a competitive price analysis for vendors and organizations funded with federal grant funds were performed; and no evidence that suspension and debarment verifications were performed for certain vendors and organizations, as required by the general procurement standards of the Uniform Guidance. Context: We tested all procurement transactions totaling $863,741. All transactions tested lacked documentation to demonstrate compliance with the applicable procurement requirements of the Uniform Guidance. Cause: Management had not established and formally adopted procurement policies and procedures consistent with Uniform Guidance requirements during the audit year. Effect: Without documented procurement policies, there is an increased risk that procurements may not be conducted in accordance with Federal requirements, resulting in potential noncompliance with the Uniform Guidance. Charges relating to vendor services and sub-awards that were charged to the federal award may not be in accordance with the specific compliance requirements of the Uniform Guidance. Recommendation: We recommend that management develop, formally adopt, and implement written procurement policies and procedures that comply with the procurement standards in 2 CFR §200.317 through 200.327 and provide training to personnel responsible for purchasing. We also recommend the Organization to adopt policies that incorporate the requirements of 2 CFR §200.214 regarding suspension and debarment regulations. We also recommend that a review of all existing vendor contract filed be performed to ensure that the documentation, as required by the Uniform Guidance, is maintained in the files.Views of Responsible Officials and Planned Corrective Actions: The Organization is in the process of developing a corrective action plan and provide personnel training.

Corrective Action Plan

The discrepancy noted by the auditors relates to vendor procurement for the USDOT Thriving Communities Program. COMTO has not procured any vendors which were not previously authorized by the USDOT for participation in this program. COMTO has established procurement procedures for purchased services in excess of $15,000, in which Auditor participated and was subsequently provided with the procurement operations and results, complete with Auditor’s own competitors. Vendor/Partner Contracts: The specific vendors and subcontractors were evaluated, vetted, and formally approved by the U.S. Department of Transportation (USDOT) during the competitive application and award phase of the Thriving Communities program. The Regulation: Under 2 CFR 200 (specifically regarding procurement by non-federal entities), if a federal awarding agency explicitly approves specific subrecipients or contractors as part of the federal award, it generally waives the requirement for subsequent competitive procurement for those designated roles. See USDOT-approved budget line items showing the named vendors (see USDOT Approved Budget” attached). All records are on file with the USDOT. Subrecipient/Contractor Monitoring: COMTO provided clear, signed agreements with these preapproved vendors that pass down all federal compliance requirements (e.g., Title VI, civil rights compliance, reporting metrics) required by the Thriving Communities program. Auditor has not clarified exactly which federal or local regulation they believe requires a rebid of USDOT-approved project partners (see executed contracts attached). COMTO does not run a competitive bidding or procurement process to select a subrecipient. They were selected as collaborative partners/sub-awardees and their status as subrecipients was explicitly authorized by the USDOT when they approved our grant award. All records are on file with the USDOT.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1240409 2025-003
    Material Weakness Repeat
  • 1240411 2025-005
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
20.942 THRIVING COMMUNITIES PROGRAM CAPACITY BUILDERS COOPERATIVE AGREEMENTS $1.61M