Finding 44463 (2022-001)

-
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-09-27

AI Summary

  • Core Issue: The Southeast Texas Food Bank failed to follow required procurement guidelines for federal funding, leading to noncompliance with state and federal regulations.
  • Impacted Requirements: Non-adherence to formal procurement methods, competitive bidding, and lack of supporting documentation as outlined in 2 CFR 200.
  • Recommended Follow-Up: Management should assign clear responsibilities for procurement compliance and ensure adherence to the most restrictive requirements between pass-through entities and grantors.

Finding Text

2022-001 ? Coronavirus State and Local Recovery Funds ? Food Bank Capacity Grant (ARPA) (ALN 21.027) United States Department of Agriculture, Passed through the Texas Department of Agriculture. Compliance ? Office of Management and Budget Guidance for Grants and Agreements Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 Code Federal Regulations (CFR) Part 200 Procurement Standards (2 CFR 200). Criteria: The Southeast Texas Food Bank is required to adhere to procurement guidelines reflected in the applicable state and federal regulations and conform to 2 CRF 200 procurement requirements. Condition and Context: The Food Bank did not follow Texas Department of Agriculture?s or the 2 CFR 200 required Methods of Procurement. Deviations include lack of adherence to required Formal Procurement Methods for purchases over the simplified acquisition threshold (SAT) (advertisement, sealed bids, etc.), competitive bidding for purchases over the SAT threshold, unavailable supporting documents demonstrating compliance with Small Purchase Procedures for purchases over the micro purchase threshold and under the SAT, and formal procurement requirements and other instances of noncompliance that do not rise to the level of a finding. Cause: Southeast Texas Food Bank experienced turnover in key management positions. Sufficient training and transition of responsibilities, procurement policies and procedures applicable to compliance with 2 CRF 200 was not conducted. Effect: The entity did not follow state and federal procurement requirements, consequently, purchases were made during 2022 that were not in compliance with state and federal requirements. Recommendation: Management should take steps to ensure that the Food Bank identifies, assigns responsibility, and adheres to procurement requirements for federal funding. If procurement requirements for a pass through entity and grantor differ, the more restrictive procurement requirements should be followed. View of Responsible Party: Management concurs with recommendation. See corrective action plan.

Corrective Action Plan

2022-001- Coronavirus State and Local Recovery Funds - Food Bank Capacity Grant (ARPA) (ALN 21.027) United States Department of Agriculture, Passed through the Texas Department of Agriculture. Compliance - Office of Management and Budget Guidance for Grants and Agreements Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 Code Federal Regulations (CFR) Part 200 Procurement Standards (2 CFR 200). Condition and Context : The Food Bank did not follow Texas Department of Agriculture's or the 2 CFR 200 required Methods of Procurement. Deviations include lack of adherence to required Formal Procurement Methods for purchases over the simplified acquisition threshold (SAT) (advertisement sealed bids , etc.), competitive bidding for purchases over the SAT threshold, unavailable supporting documents demonstrating compliance with Small Purchase Procedures for purchases over the micro purchases threshold and under the SAT, and formal procurement requirements and other instances of noncompliance that do not rise to the level of a finding. Recommendation : Management should take steps to ensure that the Food Bank identifies, assigns responsibility, and adheres to procurement requirements for federal funding. If procurement requirements for a pass through entity and grantor differ, the more restrictive requirements should be followed. CORRECTIVE ACTIONS : ALL purchases being made for reimbursement through Federal funding or being handled through a pass through process with a grantor will be reviewed and signed off for approval prior to purchase by the President and CEO of the Southeast Texas Food Bank. T he President and CEO will ensure that proper bids have been taken and reviewed following the required guidelines set forth by the Food Bank policy dated September 2022, Federal guidelines, and/or grantor guidelines. The more restrictive policy either Food Bank, Federal entity, or grantor will be followed prior to purchase.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 44464 2022-002
    Material Weakness
  • 620905 2022-001
    -
  • 620906 2022-002
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.41M
10.565 Commodity Supplemental Food Program $935,855
10.569 Emergency Food Assistance Program (food Commodities) $228,772
10.568 Emergency Food Assistance Program (administrative Costs) $193,353
93.714 Arra ? Emergency Contingency Fund for Temporary Assistance for Needy Families (tanf) State Program $177,100
10.561 State Administrative Matching Grants for the Supplemental Nutrition Assistance Program $49,512