Finding 2713 (2021-002)

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Requirement
I
Questioned Costs
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Year
2021
Accepted
2023-11-29
Audit: 4618
Organization: Borough of East Rutherford (NJ)

AI Summary

  • Core Issue: Two vehicle purchases using Federal funds did not follow required public procurement procedures, violating OMB Uniform Guidance.
  • Impacted Requirements: Non-compliance with procurement regulations for transactions exceeding the public bidding threshold.
  • Recommended Follow-up: Ensure future purchases over $44,000 are publicly advertised and documented according to procurement policy.

Finding Text

2021-002 Procurement, Suspension and Debarment Grantor: U.S. Department of Treasury/U.S. Department of Justice Award Name: Equitable Sharing Program Award Year: 01/01/21 – 12/31/21 CFDA Numbers: 21.016 / 16.922 Criteria OMB Uniform Guidance §200.319 states that all procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320, which states that the non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. Condition During our procurement testing procedures, we selected 24 items from the vendor history activity report and traced them to procurement and bidding procedures. Through our testing, we identified two purchases made using Federal funds to purchase vehicles, that were not publicly advertised or made through a non-competitive procurement process. Both of the items exceeded the public bidding threshold but did not follow formal procurements procedures. Cause Due to the global pandemic, the availability of vehicles has become limited. The Borough police department needed specific vehicles for their operations and made the purchases without using formal procurement procedures to avoid the risk of losing the opportunity to purchase the vehicles. Effect The procurement procedures were not followed as required, therefore, Federally funded purchases bypassed procurement regulations. Questioned Costs None noted. Recommendation The Borough should follow procurement policy and publicly advertise for sealed bids on contracts or purchases over $44,000, documenting the significant history of the procurement in the contract file. Management’s View and Corrective Action Plan Management’s views and corrective action plan is included under separate cover and filed with the State of New Jersey.

Corrective Action Plan

That the Borough follow the DGLS guidelines for purchases over $44,000, which includes publicly advertising for sealed bids on contracts over $44,000. The Police Chief with the Purchasing agent will bid next time this situation presents itself.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
16.001 Law Enforcement Assistance_narcotics and Dangerous Drugs_laboratory Analysis $695,713
20.205 Highway Planning and Construction $225,000
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $27,340
16.607 Bulletproof Vest Partnership Program $8,979
21.027 Coronavirus State and Local Fiscal Recovery Funds $5,683