Finding Text
ESC – Federal Procurement
Finding Number: 2024-001
Assistance Listing Number and Title: AL # 84.027 / 84.173
Federal Award Identification Number / Year: 2024
Federal Agency: United States Department of Education
Compliance Requirement: Procurement
Pass-Through Entity: Ohio Department of Education and Workforce
Repeat Finding from Prior Audit? No
NONCOMPLIANCE AND MATERIAL WEAKNESS
Ohio Rev. Code §§ 3313.843 and 3313.845 allow traditional schools to contract with Educational Service Centers (ESCs) to provide services as outlined in the agreement between the two parties. Ohio Rev. Code §3313.843(C) requires these agreements to be filed with the Ohio Department of Education and Workforce by the first day of July of the school year for which the agreement is in effect.
Effective on December 26, 2014, 2 CFR § 200.320 outlined the methods of procurement to be followed by state subrecipient non-Federal entities when expending certain types of Federal funds, including those received through Grant Agreements. However, 2 CFR § 200.110(a), created a “grace period” for compliance with 2 CFR §200.320, by permitting non-Federal entities to comply with previously issued Office of Management and Budget procurement guidance for all fiscal years beginning prior to December 26, 2017.
In January 2020, the Ohio Department of Education and Workforce (DEW) published a form that allows schools to request DEW authorize a noncompetitive proposal for their ESC Services. This form is available on DEW’s website.
During the fiscal year, the School District contracted with Trumbull County Educational Service Center (ESC) to provide purchased services. These services included expenditures of $55,860, which were paid for out of the Special Education Cluster Grants and subject to the Federal procurement laws. The School District did not complete the form that allows schools to request DEW authorize a noncompetitive proposal for their ESC Services that is available on the DEW website. Under 2 CFR §200.320 the School District should have competitively bid the services needed or obtained price quotes from qualified sources as further defined in the School District’s procurement policy.
The School District should develop a control(s) and/or procedure(s) to verify that established procurement procedures are followed when entering into contracts using Federal monies. The DEW form that allows schools to request DEW authorize a noncompetitive proposal for their ESC Services should be utilized for any ESC contract in the future. Failure to follow proper procurement procedures could result in contracts awarded to entities which do not meet all the needs of the School District or have a cost significantly higher than their competitors, as well as a loss in future federal funding and possible questioned costs in future audits.
Official’s Response: See Corrective Action Plan.