Finding 1241441 (2025-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2025
Accepted
2026-10-30

AI Summary

  • Core Issue: The Organization failed to properly procure three contracts, violating federal procurement standards.
  • Impacted Requirements: Non-compliance with Uniform Guidance and 2 CFR sections 200.318-200.326 regarding procurement policies.
  • Recommended Follow-up: Review and update procurement policies and ensure all contracts meet required provisions.

Finding Text

Department of the Treasury Passed through Nevada Housing Division, Department of Business and Industry Federal Financial Assistance Listing 21.027 Award Number SLFRP2634 Coronavirus State and Local Fiscal Recovery Funds Procurement, Suspension, and Debarment Immaterial Instance of Noncompliance and Significant Deficiency in Internal Control over Compliance Criteria – Uniform Guidance and 2 CFR sections 200.318 through 200.326 set forth the procurement standards non-federal entities other than states must follow when operating federal programs and the procurement policies required. Condition – The Organization did not properly procure three contracts in accordance with the procurement policy. Additionally, the Organization did not have proper procedures to ensure contracts include all required provisions. Cause – The Organization entered into three non-competitive contracts without following the proper procurement process for a contract of those sizes. Additionally, the Organization does not have controls adequately designed to ensure compliance with all the requirements for procurement are met. Effect – The Organization did not comply with Uniform Guidance relating to Procurement. Questioned Costs – $166,720 Context/Sampling – A nonstatistical sample of five contracts out of 20 total transactions were selected for testing. Of which, three of the five contracts are included in the finding. Repeat Finding from Prior Year(s) – No Recommendation – We recommend the Organization review their procurement policy and follow proper procedures for all contracts above the determined thresholds. We also recommend the Organization review all contracts to ensure they include all required provisions as outlined by Uniform Guidance. Views of Responsible Officials – There is no disagreement with the finding.

Corrective Action Plan

Finding Summary: NNCH did not properly procure three contracts in accordance with applicable procurement requirements and the Organization's procurement policy. Additionally, procedures were not sufficient to ensure that contracts contained all provisions required under Uniform Guidance. Responsible Individuals: Matthew Fleming, Executive Director; Jocelyn Kendall-Perez, Deputy Director & CFO Corrective Action Plan: Management acknowledges the finding and has reviewed the circumstances surrounding the contracts identified with the independent auditors. Two of the three contracts identified involved specialized professional services, including a development consultant whose engagement originated prior to NNCH's receipt of the applicable federal funding and a procurement management consultant. Although management considered the specialized nature and circumstances of these engagements when making the contracting decisions, NNCH recognizes that the procurement documentation maintained did not sufficiently demonstrate compliance with the applicable federal procurement requirements. As part of management's review of this finding with the independent auditors, NNCH discussed adopting a more conservative procurement approach for future contracting. Going forward, NNCH intends to evaluate and document procurements with the expectation that federal funding requirements may ultimately apply, even when federal funding is not anticipated at the time the contract is initiated. This approach is intended to provide greater flexibility if a funding source changes during the term of an engagement and to reduce the risk of an existing contract later being determined ineligible for federal reimbursement due to procurement requirements. NNCH will update its procurement procedures and develop a standardized procurement checklist addressing applicable procurement thresholds, required competition, documentation of permissible noncompetitive procurement when applicable, required approvals, suspension and debarment verification, and applicable federal contract provisions. Procurement documentation will be maintained with the applicable contract or project records. NNCH will also review applicable contracts prior to execution to verify that required procurement documentation and contract provisions have been addressed. Staff involved in contracting and procurement will receive guidance regarding the revised procedures and documentation requirements. Anticipated Completion Date: December 31, 2026

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 1241440 2025-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $2.32M