Finding Text
AL No: 20.507
Federal Grantor: U.S. Department of Transportation, Federal Transit Administration, Federal Transit Cluster -
Direct Award. Compliance Requirement: Procurement, Suspension and Debarment.
Condition: The District was unable to provide documentation of the evaluation each proposal received and
reason for selection of the winning bid for the procurement of a consulting firm to conduct the site selection
study for the Woodland Transit Center project. The District also did not include a Debarment and Suspension
clause in the request for proposal or contract and did not require a certificate confirming the contractor was not
debarred in the final agreement. The District was not able to find records of the District verifying that the
awarded consulting firm is not on the governmentwide exclusions in the System for Award Management
(SAM).
Criteria: 2 CFR Part 200 Subpart E (Uniform Guidance) states the following:
Section 200.318(a) states that “The non-federal entity must have and use documented procurement
procedures, consistent with State, local, and tribal laws and regulations and the standards of this
section, for the acquisition of property or service required under a Federal award or subaward. The
non-Federal entity’s documented procurement procedures must conform to the procurement standards
identified in Sections 200.317 through 200.327.”
Section 200.318(i) states that “The non-Federal entity must maintain records sufficient to detail the
history of procurement. These records will include, but are not necessarily limited to, the following:
Rationale for the method of procurement, selection of contract type, contractor selection or rejection,
and the basis for the contract price.”
Section 200.327 states that “The recipient's or subrecipient's contracts must contain the applicable
provisions described in Appendix II of this part.” Appendix II(H) includes “Debarment and Suspension
(Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to
parties listed on the governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”
SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.”
Cause: The current staff was not able to find procurement documentation prepared before they were hired.
Effect: The District was unable to provide evidence that it was in compliance with the Uniform Guidance
requirement to maintain documentation of procurement procedures.
Context: The original procurement for the consulting firm for the Woodland Transit Project was performed in
late December 2017 and awarded in January 2018 and then extended during 2024. This procurement precedes
the current staff. It was verified the contractor selected was not debarred during the 2024 single audit.
Recommendation: We recommend the District establish a procurement folder on its server with subfolders for
each individual procurement where documentation of each procurement is maintained, including advertising of
the procurement, requests for proposals, proposals received, analysis of reasons for selecting the winning bid,
executed contract, certifications by contractor if not part of the proposal or executed contract, management
report to board recommending which bid should be approved, board resolution approving the winning bid and
for contracts under $250,000 a memo or form documenting bids received and reason for selecting the bid,
including reasons for not selecting the lowest bid if applicable. We also recommend training be provided to
staff that work on procurements of the requirements under Uniform Guidance Section 2 CFR 200.318 to
200.326.
View of Responsible Officials and Planned Corrective Action: Management’s response and planned
corrective action is included at the Corrective Action Plan end of this report.