Finding 1241209 (2024-004)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2024
Accepted
2026-10-26
Audit: 415304
Organization: Town of Carver (MA)
Auditor: CBIZ CPAS PC

AI Summary

  • Core Issue: The Town failed to provide necessary documentation for procurement processes related to $860,078 in ARPA expenditures, violating federal requirements.
  • Impacted Requirements: Non-compliance with 2 CFR § 200.317-327, including lack of documented procurement procedures and absence of executed contracts with required federal provisions.
  • Recommended Follow-Up: The Town should establish a system to maintain complete procurement documentation and ensure all federally required contract provisions are included before contract execution.

Finding Text

Award Name: COVID-19 – Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number: 21.027 Award Year: 2021 Compliance Requirement: Procurement Pass Through Agency: Plymouth County Type of Finding: Compliance Internal Control Over Compliance – Material Weakness Criteria or Specific Requirement: In accordance with 2 CFR § 200.317 through 200.327, non-Federal entities must maintain and follow documented procurement procedures and conduct procurements in a manner providing full and open competition. Entities must also maintain documentation sufficient to demonstrate compliance with applicable procurement requirements, including the method of procurement used, contractor selection, and basis for contract award. Further, 2 CFR § 200.327 requires contracts funded with federal awards to contain the applicable contract provisions described in Appendix II to Part 200, as applicable to the nature and dollar amount of the procurement. Additionally, 2 CFR § 200.318(i) requires entities to maintain records sufficient to detail the history of procurement transactions, including rationale for the method of procurement, contractor selection, and the basis for the contract price. Condition and Context: The Town incurred $860,078 in ARPA expenditures during the fiscal year related to a renovation project. During testing, the Town was unable to provide documentation evidencing that procurement procedures were performed in accordance with Uniform Guidance or state requirements. Specifically, documentation supporting solicitation, competition, contractor selection, cost or price analysis, or other procurement procedures was not provided for audit. In addition, the Town was unable to provide an executed contract for the renovation project. As a result, the audit team was unable to determine whether the contract contained the federally required provisions outlined in Appendix II to Part 200, including any clauses applicable to the nature and amount of the award. Cause: Management did not establish or maintain adequate internal controls to ensure Federally funded procurements were conducted and documented in accordance with Uniform Guidance procurement requirements, procurement documentation was retained to support contractor selection and contract award decisions and executed contracts were maintained and reviewed to ensure inclusion of all applicable federal contract provisions. Effect or Potential Effect: Without documentation demonstrating compliance with federal procurement requirements, the Town cannot support that full and open competition was obtained or that the procurement was conducted in accordance with Uniform Guidance. Furthermore, because an executed contract was not available for review, the Town cannot demonstrate that required federal contract provisions were included. These deficiencies increase the risk of improper procurement practices, reduced transparency, and noncompliance with federal award requirements. Questioned Costs: Because the Town was unable to provide documentation supporting compliance with federal procurement requirements for the renovation project, the $860,078 in expenditures associated with the procurement are questioned. Identification as a Repeat Finding: Not a repeat finding. Recommendation: The Town should maintain documentation supporting all stages of the procurement process, including solicitation, evaluation, contractor selection, and cost or price analysis and ensure executed contracts are retained for all federally funded procurements. The Town should also implement a review process to verify that all applicable contract provisions required by Appendix II to Part 200 are included in federally funded contracts before execution. Views of Responsible Official: Management’s corrective action plan is included at the end of this report after the Schedule of Prior Year Findings.

Corrective Action Plan

Views of Responsible Officials: The Town and School Department respectfully disagree with the conclusion that sufficient procurement documentation was not maintained for the project identified in the finding. The project referenced was a renovation of the culinary classroom at Carver Middle High School, a portion of which was funded using ARPA resources. The School Department followed a traditional design-bid-build procurement process and believes the project was conducted in full compliance with the applicable requirements of M.G.L. Chapter 149. Subsequent to the issuance of the draft finding, the School Business Office confirmed that comprehensive procurement records are maintained for this project, including: • Designer procurement and RFQ documentation; • Advertising and public posting records; • Invitations for Bids (IFB); • Filed sub-bid documentation; • Bid tabulations and award records; • Executed contracts; • Required bonds, certifications, and contract compliance documentation; and • Other supporting procurement materials. The School Department maintains both electronic and original hard-copy records for the project and has indicated that these materials are available for review. The Town understands that not all documentation may have been requested from, or reviewed with, School Department personnel during the audit process. Corrective Action Plan While management believes the procurement process complied with statutory requirements, the Town recognizes the importance of ensuring that all supporting records are readily accessible during future audits. To strengthen communication and documentation retrieval procedures, the Town will: 1. Establish a formal process for coordinating audit requests with all departments, including the School Department; 2. Maintain centralized tracking of procurement and grant-funded project documentation; 3. Ensure that supporting records maintained at the departmental level are identified and made available during future audit examinations; and 4. Continue training personnel on documentation retention requirements for construction and grant-funded projects. Management believes these steps will improve the efficiency of future audits while continuing to ensure compliance with all applicable procurement laws and regulations.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1241206 2024-003
    Material Weakness Repeat
  • 1241207 2024-003
    Material Weakness Repeat
  • 1241208 2024-004
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 COVID-19 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $1.10M
10.555 NATIONAL SCHOOL LUNCH PROGRAM $82,334
84.027 SPECIAL EDUCATION GRANTS TO STATES $72,598
93.276 DRUG-FREE COMMUNITIES SUPPORT PROGRAM GRANTS $72,247
10.555 COVID-19 NATIONAL SCHOOL LUNCH PROGRAM $40,609
84.367 SUPPORTING EFFECTIVE INSTRUCTION STATE GRANTS (FORMERLY IMPROVING TEACHER QUALITY STATE GRANTS) $32,000
84.173 SPECIAL EDUCATION PRESCHOOL GRANTS $19,919
84.425 COVID-19 EDUCATION STABILIZATION FUND $11,299
84.424 STUDENT SUPPORT AND ACADEMIC ENRICHMENT PROGRAM $10,552
97.042 EMERGENCY MANAGEMENT PERFORMANCE GRANTS $3,437
84.010 TITLE I GRANTS TO LOCAL EDUCATIONAL AGENCIES $915