Finding 1241301 (2024-001)

Material Weakness Repeat Finding
Requirement
BI
Questioned Costs
-
Year
2024
Accepted
2026-10-28

AI Summary

  • Core Issue: The Organization failed to follow federal procurement requirements, leading to unallowable costs of $302,695 due to improper methods and conflicts of interest.
  • Impacted Requirements: Non-compliance with Uniform Guidance sections 200.318-200.326 regarding procurement methods, conflict of interest, and consolidation of procurements.
  • Recommended Follow-Up: Implement formal procurement methods, enforce conflict-of-interest policies, and establish procedures for consolidating purchases to ensure compliance.

Finding Text

Finding: 2024-001 Program Title: Congressionally Funded Community Projects Assistance Listing: 84.215K Contract Grant Number: S215K230172 Federal Award Years: July 1, 2023 to May 31, 2025 Federal Agency: U.S. Department of Education Compliance Requirement: Procurement Other Compliance Requirement Affected: Allowable Costs Type of Finding: Material Weakness in Internal Control over Compliance and Material Noncompliance Criteria: Uniform Guidance 2 CFR sections 200.318 through 200.326 requires Non-Federal Entities to follow documented procurement procedures that ensure full and open competition and include, among other requirements: - Use of an appropriate procurement method based on the dollar value of the acquisition. As outlined in 2 CFR section 200.320, one of the following procurement methods must be used: the sealed bid method, the competitive proposals method, or the noncompetitive proposals method. - Avoidance of conflicts of interest, including prohibitions on employees, officers, or agents participating in the selection, award, or administration of a contract in which they have a real or apparent financial interest (2 CFR section 200.318(c)(1); and - Consolidation of procurements, where appropriate, to ensure economical purchasing and compliance with applicable procurement thresholds and competition requirements. Condition: During the current year’s audit, the Organization did not consistently comply with federal procurement requirements for expenditures charged to the program. Specifically: 1. Use of Inappropriate Procurement Methods - For acquisitions exceeding the simplified acquisition threshold, the Organization did not utilize an appropriate procurement method. Despite having a written procurement policy, formal procurement procedures were not followed, and documentation supporting competitive selection was not maintained. This condition represents a repeat of prior year finding 2023-001. 2. Conflict of Interest - A board member participated in the administration of the federal award while simultaneously being paid by the Organization for services related to the award, which created a financial interest. The Organization did not document safeguards or recusals to mitigate this conflict, resulting in a breach of federal conflictof-interest requirements. 3. Failure to Reasonably Consolidate Procurements - The Organization entered contracts that included duplicative or substantially similar items, which were not reasonably consolidated. As a result, procurements were fragmented in a manner that did not promote economical purchasing or compliance with procurement thresholds. While the Organization has limited staffing capacity and relies on a fiscal agent model, federal procurement requirements apply regardless of organizational size or structure. Because procurement was not conducted in accordance with federal requirements, the costs incurred under these contracts are considered to be unallowable, even though the services may have been received. Cause: The Organization lacked sufficient internal controls over procurement due to its governance-based operating structure and reliance on a fiscal agent to perform administrative functions. Procurement responsibilities were not clearly segregated from oversight responsibilities, and controls were not designed or implemented to address conflicts of interest involving board members. Additionally, procurement planning was informal and not subject to documented reviews to ensure compliance with federal procurement standards. Effect: As a result of these conditions, costs totaling $302,695 charged to the federal award do not meet federal allowability requirements because the underlying procurement did not comply with Uniform Guidance. These are considered questioned costs. This is considered material to the Congressionally Funded Community Projects. These deficiencies increase the risk that procurements were not conducted with full and open competition and that decisions were influenced by conflicts of interest. Additionally, failure to consolidate procurements may have resulted in inefficient use of federal funds. Repeat Finding: Yes, however, the current year finding has been modified to reflect additional instances of noncompliance, including conflicts of interest and procurement fragmentation, which were not identified in the prior year. Recommendation: We recommend that the Organization do the following: (1) Ensure acquisitions exceeding the simplified acquisition threshold are procured using appropriate formal procurement methods that are adequately documented, (2) Enforce conflict-of-interest policies requiring disclosure and recusal of board members and officers with financial interests in federal awards, and (3) Implement procurement planning procedures to reasonably consolidate purchases to avoid duplicative or fragmented procedures. Views of Responsible Officials: Management agrees with the finding and has developed a corrective action plan to address the issues noted.

Corrective Action Plan

As requested, Management provides the following responses to the audit findings for the fiscal year ended December 31, 2024. The Organization acknowledges the findings and is committed to strengthening internal controls, improving compliance with Uniform Guidance requirements, and enhancing oversight of federal award expenditures. 1. Use of Inappropriate Procurement Methods Type of Finding: Material Weakness in Internal Control over Compliance and Material Noncompliance Finding Management concurs with the audit finding that procurement methods exceeding applicable thresholds were not consistently followed in accordance with established procurement policies and Uniform Guidance requirements, despite the existence of a formal written procurement policy. This issue was primarily due to inconsistent awareness and application of procurement requirements among staff and supervisors across multiple program sites. In addition, there was no standardized verification step within the procurement workflow, and supervisory oversight was not consistently applied. This finding represents a repeat issue from prior year finding 2023-001. Corrective Action Plan - Management has implemented and will continue to strengthen the following controls: - Mandatory training on federal procurement requirements under 2 CFR §§ 200.318 200.326 for all staff involved in purchasing activities. - Implementation of a standardized procurement workflow requiring documented approval and verification prior to purchase execution. - Strengthening supervisory oversight and monitoring of procurement activities across all program sites. - Centralized retention of procurement documentation to ensure completeness and audit readiness. These corrective actions were initiated beginning October 10, 2025, and will be fully integrated into all future grant-funded operations. 2. Conflict of Interest Type of Finding: Material Weakness in Internal Control over Compliance and Material Noncompliance Finding Management acknowledges the observation regarding a potential conflict of interest involving an individual engaged to oversee fiscal operations under the federal grant. The individual was selected through a delegated implementation group and included in budget approval discussions based on qualifications, experience, and trusted standing within the organization and community. Compensation was established at a minimal rate relative to the fiscal agent budget. However, Management recognizes that the circumstances created the appearance of a conflict of interest, and that adequate written disclosure and recusal documentation were not maintained. Corrective Action Plan - Management will implement the following corrective measures: - Adoption of a formal conflict of interest policy aligned with 2 CFR § 200.318(c)(1). - Annual conflict of interest disclosures for all board members, staff, and grant-related personnel. - Mandatory written recusal procedures for individuals with actual or potential conflicts of interest. - Formal documentation and retention of all disclosures and recusals in compliance files. These procedures will be implemented for all current and future federal awards. 3. Failure to Reasonably Consolidate Procurements Type of Finding: Material Weakness in Internal Control over Compliance and Material Noncompliance Finding Management acknowledges that procurement activities across multiple program sites were not consistently consolidated, resulting in fragmented purchasing and missed opportunities for cost efficiency. This occurred due to the decentralized structure of operations, lack of centralized procurement oversight, and absence of a formal process to identify and aggregate similar purchases across locations. Corrective Action Plan - Management will implement the following improvements: - Establishment of a centralized procurement function to oversee all purchasing activities across program sites. - Implementation of procurement planning procedures to identify and consolidate similar purchases in advance. - Use of technology systems to track, monitor, and aggregate procurement activity across all sites. - Assignment or hiring of personnel with procurement expertise to provide oversight and training.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1241302 2024-002
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.215 INNOVATIVE APPROACHES TO LITERACY; PROMISE NEIGHBORHOODS; FULL-SERVICE COMMUNITY SCHOOLS; AND CONGRESSIONALLY DIRECTED SPENDING FOR ELEMENTARY AND SECONDARY EDUCATION COMMUNITY PROJECTS $1.07M