Finding 1240441 (2025-007)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-10-14
Audit: 414946
Organization: Guam Department of Education (GU)

AI Summary

  • Core Issue: GDOE's procurement practices are noncompliant, specifically regarding the use of improper methods for contracts exceeding $250,000 and failure to verify vendor exclusions.
  • Impacted Requirements: Violations of 2 CFR 200.318(i), 2 CFR 180.300, and GDOE's own procurement policies led to questioned costs of $538,090.
  • Recommended Follow-Up: GDOE should update procurement policies to ensure compliance with federal requirements and establish a formal process for vendor verification and documentation.

Finding Text

Finding No.: 2025-007 – Procurement and Suspension and Debarment Identification of the federal program: Federal Agency: U.S. Department of Education AL No. and Title: 84.027 Special Education Cluster (IDEA) Federal Award No.: H027A230013, H027A240013 Criteria or specific requirement (including statutory, regulatory or other citation) #1: 2 CFR 200.318(i) Procurement Records states: “The recipient or subrecipient must maintain records sufficient to detail the history of each procurement transaction. These records must include the rationale for the procurement method, contract type selection, contractor selection or rejection, and the basis for the contract price.” 2 CFR 200.320 provides for three types of procurement methods, namely: informal procurement methods (for micro-purchases and simplified acquisitions); formal procurement methods (through sealed bids or proposals); and noncompetitive procurement methods. For any of these methods, the recipient or subrecipient must maintain and use documented procurement procedures. Per GDOE SOP 200-031, Competitive Selection Procedures for Services – Request for Proposals (RFP), the RFP method is generally used for procurement method for professional thresholds above the simplified acquisition threshold limit of $250,000. 2 GAR division §6101 (4)(c)(5)(a) states “Upon the agreement of the parties, the quantity of supplies or services or both specified in this contract may be increased by a maximum of ten percent (10%) provided: (i) the unit prices will remain the same (except for any price adjustments otherwise applicable); and (ii) the Procurement Officer makes a written determination that such an increase will either be more economical than awarding another contract or that it would not be practical to award another contract” In accordance with 2 CFR 180.300, entities that enter into covered transactions must verify that the person with whom they intend to do business is not excluded or disqualified by: a) Checking SAM.gov Exclusions; or b) Collecting a certification from that person; or c) Adding a clause or condition to the covered transaction with that person. According to 2 CFR 180.220(b)(1), a procurement transaction is considered a covered transaction if the contract amount is expected to equal or exceed $25,000. Condition #1: The procurement method used by GDOE related to Purchase Order (PO) No. 20250241 amounting to $245,245 is not compliant for the following reasons: a. GDOE entered into two separate procurements using simplified acquisition method (i.e., Request for Quote) for similar professional services in PO 20250241 dated April 3, 2025 originally amounting $245,245 and PO 20241777 dated September 16, 2024 amounting to $181,035. Combined, the amount would have required the use of an RFP which is a competitive selection procedure. b. GDOE completed the procurement for PO No. 20250241 on March 25, 2025, which is a date subsequent to the start date of the service period covering October 1, 2024 to September 30, 2025. c. The PO was modified on September 4, 2025 increasing the contract price from $245,245 to $269,770 (or 10%) of the original amount. There is no written determination that such an increase will either be more economical than awarding another contract or that it would not be practical to award another contract. Condition #2: For the following procurement transactions, GDOE did not verify whether a person or a vendor is excluded or disqualified pursuant to the requirements of 2 CFR 180.300 prior to entering into covered transactions: Purchase Order # Purchase Order Amount FY25 Expenditure 20250241 $269,770 $269,548 20250133 150,291 29,357 20250756 137,133 119,264 20250090 76,760 41,124 20251079 43,816 43,816 20250102 34,981 34,981 $712,751 $538,090 Cause #1: The end user believes that a separate procurement for similar services is allowable if the funding source of such procurement is different. Cause #2: GDOE’s policies and procedures only require a review of excluded parties in SAM.gov for competitive selection procedures covering contracts exceeding $250,000. However, this is only performed for new vendors during the vendor registration or creation process and not on per covered transaction basis. In addition, GDOE’s policies do not specify how the performance of the vendor review should be documented, hence, there was no trail whether such was actually performed. Effect or Potential Effect: GDOE is in noncompliance with the applicable procurement and suspension and debarment requirements compliance requirements. Questioned Costs: $538,090. The questioned costs relate to the FY25 expenditures of procurement transactions where the required verification before entering into covered transaction was not performed. Per auditors’ verification, the vendors with whom GDOE transacted business with are not suspended or debarred as of September 30, 2025. Context #1: We identified 58 procurement transactions during the year totaling $716,896. We tested 14 procurement transactions totaling $461,614. The samples were statistically valid. Of 14 procurement transactions tested, one procurement transaction (or 7%) is not compliant with federal requirements due to inappropriate procurement method used. Context #2: We identified and tested all 6 procurement transactions subject to suspension and debarment compliance requirements during the year totaling $538,090. The samples were statistically valid. For all 6 (or 100%) procurement transactions tested, the required verification before entering into covered transaction was not performed. Identification as a repeat finding, if applicable: 2024-007 Recommendation: GDOE should revisit its procurement policies and ensure all required provisions stated in the Compliance Supplement are covered, including the explicit requirement under 2 GAR division §6101 (4)(c)(5)(a). GDOE should establish formal policy requiring verification and retaining documentation of procedures performed, to verify that the person in a covered transaction with whom they intend to do business is not excluded or disqualified. View of Responsible Officials: GDOE agrees with the finding and provides details in its Corrective Action Plan.

Corrective Action Plan

Finding No.: 2025-007 Federal Agency: U.S. Department of Education AL Program: 84.027 Special Education Cluster (IDEA) Federal Award No.: H027A230013, H027A240013 Area: Procurement and Suspension and Debarment Questioned Costs: $538,090 Views of Auditee and Corrective Actions GDOE agrees with the finding and recommendations regarding procurement and suspension and debarment requirements. GDOE recognizes the need to strengthen procurement procedures to ensure the appropriate procurement method is selected required documentation is maintained, and applicable contract modifications are properly supported. GDOE also acknowledges that its existing procedures did not require suspension and debarment verification on a per covered transaction basis or provide sufficient documentation of the verification performed. Although the vendors selected for the transactions identified in the finding were not suspended or debarred as of September 30, 2025, GDOE recognizes that the required verification was not performed and documented prior to entering into the covered transactions. GDOE will strengthen its policies and internal controls to address these requirements. Plan of action and completion date: GDOE recognizes that procurement activities should be planned and reviewed sufficiently in advance to ensure that the appropriate procurement method is selected required approvals and documentation are completed, and services are not initiated before the procurement is properly executed. The GDOE Supply Management Office will: 1. Review and update procurement procedures to address applicable federal procurement requirements, including procurement methods, documentation, and contract modifications. 2. Establish procedures to evaluate similar or related services when determining the appropriate procurement method, regardless of funding source. 3. Establish a formal process requiring suspension and debarment verification before entering into each covered transaction. 4. Require documentation of the verification, including the vendor, date, method and results, to be retained in the procurement file. 5. Provide training to applicable procurement and program personnel on these requirements. 6. Periodically review procurement policies and files to monitor compliance with federal requirements. Corrective actions will be completed by December 2026. Plan to monitor and responsible officials: GDOE Office of Supply Management will be responsible for implementing and monitoring the corrective actions. Periodic procurement file reviews will verify compliance with procurement requirements and completion and documentation of suspension and debarment verifications.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1240437 2025-003
    Material Weakness Repeat
  • 1240438 2025-004
    Material Weakness Repeat
  • 1240439 2025-005
    Material Weakness Repeat
  • 1240440 2025-006
    Material Weakness Repeat
  • 1240442 2025-006
    Material Weakness Repeat
  • 1240443 2025-008
    Material Weakness Repeat
  • 1240444 2025-009
    Material Weakness Repeat
  • 1240445 2025-006
    Material Weakness Repeat
  • 1240446 2025-008
    Material Weakness Repeat
  • 1240447 2025-010
    Material Weakness Repeat
  • 1240448 2025-011
    Material Weakness Repeat
  • 1240449 2025-012
    Material Weakness Repeat
  • 1240450 2025-013
    Material Weakness Repeat
  • 1240451 2025-016
    Material Weakness Repeat
  • 1240452 2025-014
    Material Weakness Repeat
  • 1240453 2025-015
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 EDUCATION STABILIZATION FUND $104.55M
84.403 CONSOLIDATED GRANT TO THE OUTLYING AREAS $31.97M
10.555 NATIONAL SCHOOL LUNCH PROGRAM $18.92M
84.027 SPECIAL EDUCATION GRANTS TO STATES $17.63M
84.181 SPECIAL EDUCATION-GRANTS FOR INFANTS AND FAMILIES $1.32M
84.372 STATEWIDE LONGITUDINAL DATA SYSTEMS $829,750
10.558 CHILD AND ADULT CARE FOOD PROGRAM $729,155
10.560 STATE ADMINISTRATIVE EXPENSES FOR CHILD NUTRITION $422,772
84.371 COMPREHENSIVE LITERACY DEVELOPMENT $413,244
84.424 STUDENT SUPPORT AND ACADEMIC ENRICHMENT PROGRAM $399,417
12.U01 ARMY JROTC $383,083
93.092 AFFORDABLE CARE ACT (ACA) PERSONAL RESPONSIBILITY EDUCATION PROGRAM $318,367
12.U02 AIR FORCE JROTC $283,717
93.600 HEAD START $254,036
84.323 SPECIAL EDUCATION - STATE PERSONNEL DEVELOPMENT $224,613
15.875 ECONOMIC, SOCIAL, AND POLITICAL DEVELOPMENT OF THE TERRITORIES $164,642
12.U03 MARINE JROTC $153,980
10.541 CHILD NUTRITION-TECHNOLOGY INNOVATION GRANT $146,754
10.579 CHILD NUTRITION DISCRETIONARY GRANTS LIMITED AVAILABILITY $101,212
10.645 FARM TO SCHOOL STATE FORMULA GRANT $68,969
10.574 TEAM NUTRITION GRANTS $59,033
10.568 EMERGENCY FOOD ASSISTANCE PROGRAM (ADMINISTRATIVE COSTS) $43,322