Finding 30878 (2022-006)

-
Requirement
I
Questioned Costs
$1
Year
2022
Accepted
2023-06-20

AI Summary

  • Core Issue: The Alliance did not fully document the evaluation process for contract awards, lacking total points summaries and award letters for 3 out of 5 contracts.
  • Impacted Requirements: Compliance with Federal procurement standards under 2 CFR Part 200 was not met, risking disallowed costs for the awarded contracts totaling $1,149,256.60.
  • Recommended Follow-up: Enhance procedures to ensure complete documentation of contract award evaluations and maintain records as required by federal regulations.

Finding Text

2022-6 Emergency Solutions Grant Program ? Assistance Listing No. 14.231, Grant No. APZ11, Grant Period ? Year Ended June 30, 2022, Covid Grants Condition: The Alliance awarded contracts to subrecipients to perform duties under the grant. Documentation of evaluation of the proposals for contracts awarded for this Program included a record of points awarded; however, there was no summary of the total points for each vendor to demonstrate that the vendor with the highest ranking was awarded the contract. Award letters were not provided for 3 of the 5 contracts awarded. Criteria: Purchases, including contracts, must be made pursuant to Federal Regulations. 2 CFR Part 200 which provides the standards for procurement. These standards provide that: ? Micro-purchase method: Purchases under $10,000 can be made without competitive solicitation. ? Small Purchases Method: Purchases from $10,000 to $250,000 price or rate quotations must be obtained from an adequate number of qualified sources. ? Competitive Solicitation: For purchases exceeding $250,000, the non-federal entity must use the competitive proposals method or the noncompetitive proposals method (i.e., solicit a proposal from only one source) but only when one or more of four circumstances are met, in accordance with 2 CFR section 200.320(c)). Cause: The Alliance had no written procedures to establish the process for document retention for award of contracts. Effect: The cost of assistance may be disallowed. Context: Of five contracts awarded in this Program, totaling $1,149,256.60, three could be awarded under the small purchase procedures and two could be awarded under the competitive solicitation provisions. The awards for these contracts were advertised, evaluated using a defined evaluation system, and awarded. Recommendation: Procedures should be enhanced to provide assurance that the basis for contract awards is documented. TOTAL QUESTIONED COSTS FOR EMERGENCY SOLUTIONS GRANT PROGRAM ? Assistance Listing No. 14.231, Grant No. APZ11 - $1,149,256.60

Corrective Action Plan

Views of Responsible Official: Current management indicated that the former Executive Director of HHA, former Finance Director of HHA, and a former employee were employed by HHA, and the former Executive Director and Finance Director controlled all aspects of HHA?s management and finances during the relevant audited period. The former Executive Director?s employment with HHA was terminated on October 10, 2022. The former Finance Director?s employment with HHA was terminated on October 20, 2022. The third employee?s employment with HHA was terminated on October 11, 2022. Additionally, all but two of the Board of Directors who served during the period in which the irregularities occurred have been replaced. HHA appointed the current Executive Director, Crystal Harrison (?Executive Director?), on October 10, 2022, as Interim Executive Director and promoted her to the position of Executive Director on October 26, 2022. The current Executive Director has diligently searched for all documents and records for all purchases, expenses, and cash distributions at issue during the former Executive Director?s tenure as Executive Director. However, no such documents or records were located on site at HHA?s offices or on HHA?s computers or devices. In early April 2023, HHA?s attorney served the former Executive Director, former Finance Director, and former employee with a demand to produce the missing documents and records but each responded that they had no such documents or records in their possession. Unfortunately, because of the actions of the former Executive Director, Finance Director, and employee, HHA lacks sufficient operating funds to pursue a civil suit to recover the losses caused by these former employees. Further, HHA?s errors and omissions insurance policy only covers third-party claims. As such, HHA has directed its attorney to take all appropriate action to pursue criminal charges of grand theft/embezzlement and fraud against these former employees upon completion of the audit. HHA?s attorney has already reached out to law enforcement to begin this process. Once the formal criminal complaint is filed, law enforcement will be empowered to subpoena the missing documents and records (should said documents and records still exist) from the former employees, as well as their banking and financial records (including tax returns) to track the suspicious expenses and cash distributions at issue. The current Executive Director, with the full support of HHA?s Board, is committed to taking all action necessary to ensure compliance with the rules and procedures already in place regarding expenses and cash distributions, as well as to enact new enhanced procedures for periodic reviews of these procedures to timely detect deficiencies and ensure compliance going forward. In addition, the current Executive Director will implement a process to ensure that backup records are maintained electronically as well as in a paper form.

Categories

Questioned Costs Procurement, Suspension & Debarment

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
14.231 Emergency Solutions Grant Program $3.04M
14.267 Continuum of Care Program $330,170
93.558 Temporary Assistance for Needy Families $36,860
14.218 Community Development Block Grants/entitlement Grants $8,304