Finding 498119 (2023-001)

- Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-09-25

AI Summary

  • Core Issue: The Southeast Texas Food Bank failed to follow required procurement guidelines, leading to noncompliance with state and federal regulations.
  • Impacted Requirements: Non-adherence to 2 CFR 200 procurement standards, including formal procurement methods and competitive bidding for purchases exceeding the simplified acquisition threshold.
  • Recommended Follow-Up: Management should ensure clear assignment of procurement responsibilities and adherence to the most restrictive procurement requirements for federal funding.

Finding Text

2023‐001 – COVID‐19 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 2023 that were not in compliance with state and federal requirements. Repeat Finding: See prior year finding 2022-001. 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

2023-001- 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. The President and CEO will ensure that proper bids have been taken and reviewed following the required guidelines set forth by the Food Bank policy updated May 2024, Federal guidelines, and/or grantor guidelines. The more restrictive policy either Food Bank, Federal entity, or grantor will be followed prior to purchase. All ARPA expenditures were solicited prior to 2022 by previous management and no records exist for bid processes. It was also noted that the CSFP boxes were not handled through policy and procedure for small purchases. As of June 2024, there have been three bids acquired for the next years box order.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 498120 2023-002
    Material Weakness Repeat
  • 1074561 2023-001
    - Repeat
  • 1074562 2023-002
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.34M
10.565 Commodity Supplemental Food Program $1.09M
10.187 Emergency Food Assistance Program (food Commodities) $893,695
10.569 Emergency Food Assistance Program (food Commodities) $213,457
10.568 Emergency Food Assistance Program (administrative Costs) $142,630
10.561 State Administrative Matching Grants for the Supplemental Nutrition Assistance Program $121,439