Finding 403155 (2023-001)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-06-27
Audit: 310284
Organization: Town of Westford (MA)
Auditor: Marcum LLP

AI Summary

  • Core Issue: There are significant deficiencies in the procurement controls and documentation, leading to potential noncompliance with federal requirements.
  • Impacted Requirements: The Town must adhere to procurement standards outlined in 2 CFR sections 200.318-326 and Massachusetts General Laws, Chapter 30(b), which require specific bidding processes.
  • Recommended Follow-Up: The Town should strengthen internal controls to ensure compliance with procurement processes and address the identified weaknesses to mitigate risks of improper vendor awards.

Finding Text

2023-001 Improve Controls and Documentation Over Procurement Federal Agency: U.S. Department of the Treasury Cluster/Program: COVID-19 – Coronavirus State and Local Fiscal Recovery Fund AL Numbers: 21.027 Award Year: 2023 Compliance Requirement: Procurement and Suspension and Debarment Type of Finding Compliance Internal Control over Compliance - Significant Deficiency Criteria or Specific Requirement Non-federal entities other than states, including those operating federal programs as subrecipients of states, must follow the procurement standards set out at 2 CFR sections 200.318 through 200.326. They must use their own documented procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal statutes and the procurement requirements identified in 2 CFR Part 200. Local municipalities are also required to use the same state procurement policies and procedures for federal funds as for non-federal funds, the Town is required to follow Massachusetts General Laws, Chapter (MGL) 30(b). MGL 30(b) requires the solicitation of three written or oral quotes for procurements of supplies between $10,000 and $49,999 and sealed bids or proposals for procurements of supplies $50,000 and over. Management of the Town is also responsible for establishing and maintaining effective internal control over compliance with federal requirements that have a direct and material effect on a federal program. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. Condition and Context There was no evidence to support that one disbursement properly followed the procurement process before payments for services were made to the vendor. Cause Weaknesses in the design and operation of controls. 2023-001 Improve Controls and Documentation Over Procurement (Continued) Effect or Potential Effect Due to the weaknesses in internal controls noted above, there is a risk that procurements may be awarded to vendors in a manner that is not consistent with federal procurement requirements. Known questioned costs are reported equal to $82,800, as follows: AL Questioned Number(s) Name of Federal Program or Cluster Costs 21.027 COVID-19 – Coronavirus State and Local Fiscal Recovery Fund $82,800 Recommendation The Town should address the weaknesses in internal controls noted above in order to ensure that federal procurements are conducted in accordance with federal and state requirements. Views of Responsible Official Management agrees with the finding. Planned Corrective Action Management’s corrective action plan is included at the end of this report after the Schedule of Prior Year Findings.

Corrective Action Plan

FINDING NO 2023-001 Significant deficiency in Internal Control Over Compliance – Improve Control and Documentation over Procurement Detail of Finding and Planned Corrective Action Plan During the single audit it was discovered that a summary of bid quotes for one of the items selected for procurement testing was not available. The project selected had initially begun in FY2017 before the Town implemented its procurement tracking system. The individual in charge of the project had resigned and although the Technology Department tried to do a search of the employee’s email, the documentation was not found. The Town maintains an online procurement folder (by fiscal year) available to all departments to store all procurement information by project. The Town views this particular finding as an unfortunate exception to the procedures and policies that it has put into place to procure everything properly during FY2020. The Town will continue to follow all procurement guidelines and store all procurement documentation in a centralized location so that this finding does not happen again. Contact Dan O’Donnell – Finance Director Jesse Beyer – Town Accountant Completion Date (expected) These procedures and policies mentioned above related to procurement are expected to be implemented before the completion of June 30, 2024.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 979597 2023-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $3.21M
84.027 Special Education_grants to States $1.09M
84.425 Education Stabilization Fund $279,799
10.555 National School Lunch Program $168,251
84.010 Title I Grants to Local Educational Agencies $98,254
93.008 Medical Reserve Corps Small Grant Program $61,757
84.367 Improving Teacher Quality State Grants $59,816
10.553 School Breakfast Program $40,900
93.283 Centers for Disease Control and Prevention_investigations and Technical Assistance $33,959
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $31,055
84.173 Special Education_preschool Grants $22,314
16.111 Dea Domestic Cannabis Eradication & Suppression $13,054
84.424 Student Support and Academic Enrichment Program $10,000
16.607 Bulletproof Vest Partnership Program $9,170
84.365 English Language Acquisition State Grants $2,676