Finding 401922 (2023-001)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-06-25

AI Summary

  • Core Issue: The District lacked proper internal controls for procurement in the Special Education program, failing to obtain required quotes for services costing between $10,000 and $250,000.
  • Impacted Requirements: Noncompliance with federal procurement regulations and District policy, which mandates obtaining multiple quotes to ensure best pricing.
  • Recommended Follow-Up: Train staff on procurement requirements and ensure adherence to policies when purchasing services with federal funds.

Finding Text

2023-001 The District did not have adequate internal controls for ensuring compliance with procurement requirements for the Special Education program. Assistance Listing Number and Title: 84.027 Special Education – Grants to States 84.027 COVID-19 Special Education – Grants to States 84.173 Special Education – Preschool Grants 84.173 COVID-19 Special Education – Preschool Grants Federal Grantor Name: U.S. Department of Education Federal Award/Contract Number: N/A Pass-through Entity Name: Office of Superintendent of Public Instruction (OSPI) Pass-through Award/Contract Number: 84.027A 0307771, 84.173A 0367163, GT-00628, 84.027X 0312299, 84.173X 0371269 Known Questioned Cost Amount: $0 Prior Year Audit Finding: Yes, Finding 2022-001 Background The objective of the Special Education program is to ensure students with disabilities receive a free and appropriate public education. The program has specifically designed instruction addressing the unique needs of each eligible student. During fiscal year 2023, the District spent $1,874,916 in federal funds through its Special Education program. When using federal funds to purchase goods and services, governments must apply the more restrictive of federal, state or local policies by obtaining quotes or following a competitive bidding process, depending on the estimated cost of the purchase. Governments must also keep documentation supporting the procurement method they used. The District’s policy conforms to federal requirements for personal services, which requires price or rate quotations from a reasonable number (for example, more than one) of qualified sources for services costing between $10,000 and $250,000. Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Description of Condition During our audit, we found the District did not follow its policy for documenting and obtaining price or rate quotations from a reasonable number of qualified sources for services costing between $10,000 and $250,000. Specifically, the District procured special education services from six personal service contractors and charged $246,484 to the award for these services without obtaining price or rate quotations from a reasonable number of qualified sources, as federal regulations and District policy require. We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition When soliciting quotes, the District requested quotes from three vendors and received responses from vendors stating they lacked available staffing to perform the requested services. The District misinterpreted the requirement and considered the responses as valid quotes. Additionally, the District did not attempt to obtain quotes from other sources to ensure it has obtained more than one quote for each personal service. Effect of Condition Without obtaining a reasonable number of quotes, the District cannot demonstrate it received the best price for the services it purchased. Additionally, the District cannot demonstrate that it complied with federal regulations for procuring goods and services. Recommendation We recommend the District: • Dedicate the necessary time and resources to ensuring all staff responsible for procuring goods and services are fully familiar with federal procurement requirements and District policy • Follow its procurement policy and federal regulations when procuring personal services and purchases with federal funds District’s Response The District notes that in the instances of noncompliance, the vendor responses affirming no available staffing (incorrectly counted as a quote) could have been used as evidence of one of the four allowable circumstances of noncompetitive procurement: after solicitation of a number of sources, competition is determined inadequate. As such, the likely outcome of the procurement would have been the same, although the process to get to that conclusion needs to be corrected. The District will make that correction going forward. When vendors respond to quote solicitations with no available staffing, the District will change internal practices and either continue to solicit additional quotes from additional vendors who do have available staffing or will evaluate the procurement using the noncompetitive procurement guidelines outlined in the Uniform Guidance. Auditor’s Remarks We appreciate the District’s commitment to resolve this finding and thank the District for its cooperation and assistance during the audit. We will review the corrective action taken during our next regular audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 2 CFR 200, Uniform Guidance, section 319, Competition, establishes the requirement that all procurement transactions with Federal funds be conducted in a manner providing full and open competition consistent with standards of this section. Title 2 CFR Part 200, Section 320 – Methods of procurement to be followed, describes each allowable procurement method.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 401920 2023-001
    Material Weakness Repeat
  • 401921 2023-001
    Material Weakness Repeat
  • 401923 2023-001
    Material Weakness Repeat
  • 401924 2023-001
    Material Weakness Repeat
  • 978362 2023-001
    Material Weakness Repeat
  • 978363 2023-001
    Material Weakness Repeat
  • 978364 2023-001
    Material Weakness Repeat
  • 978365 2023-001
    Material Weakness Repeat
  • 978366 2023-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.027 Special Education Grants to States $291,977
84.027 Covid 19 - Special Education Grants to States $278,621
10.555 National School Lunch Program $214,926
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $98,831
10.553 School Breakfast Program $47,860
84.424 Student Support and Academic Enrichment Program $47,060
84.010 Title I Grants to Local Educational Agencies $29,800
84.365 English Language Acquisition State Grants $23,709
84.048 Career and Technical Education -- Basic Grants to States $22,295
84.173 Covid 19 - Special Education Preschool Grants $19,308
84.425 Covid 19 - Education Stabilization Fund $15,068
84.173 Special Education Preschool Grants $5,809
93.778 Medical Assistance Program $2,074