Finding 620635 (2022-001)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-06-15

AI Summary

  • Core Issue: The Town of South Hadley did not follow Massachusetts procurement laws for a $747,655 mold remediation project, failing to solicit competitive bids as required for costs over $50,000.
  • Impacted Requirements: Compliance with Chapter 30B of Massachusetts General Laws and the Uniform Guidance for federal awards was not met, as no emergency waiver was requested.
  • Recommended Follow-Up: Ensure future projects over $50,000 comply with procurement laws by soliciting competitive bids or requesting necessary waivers for emergencies affecting public health.

Finding Text

Finding 2022-001 Non-Compliance/Significant Deficiency in Internal Control Over Compliance ? U.S. Department of Treasury ? Coronavirus State and Local Fiscal Recovery Funds ? (Federal Assistance Listing Number 21.027) ? Procurement Criteria: Non-Federal entities must have and use documented procedures, consistent with State laws and regulations and the standards of the Uniform Guidance, for the acquisition of property or services required under a Federal award or subaward. Chapter 30B of the Massachusetts General Laws requires that for purchases of goods or services estimated to cost over $50,000, competitive sealed bids must be solicited. Condition: The Town of South Hadley used Coronavirus State and Local Fiscal Recovery Funds, as allowed under the revenue loss provision, to pay for emergency costs for remediation of mold at South Hadley High School. The majority of the costs were $747,655 for services from a vendor for cleaning. South Hadley Public Schools used a state bid contract from a list from the Commonwealth of Massachusetts Operational Services Division. However, the provisions stated that services provided were limited to $50,000 or less per engagement and that if costs will be greater than $50,000 the entity must go out to public bid. Cause: The project was a public emergency, due to the time of discovery of the mold and the time for school to reopen for the school year, potentially affecting the health of the users of the building, which would not permit a delay resulting from publicizing a competitive solicitation. The Town of South Hadley and South Hadley Public Schools did not seek an emergency waiver that could have been requested from the Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance. Effect: The Town did not comply with Massachusetts municipal procurement laws under Chapter 30B. Questioned Costs: None reported. Recommendation: The Town should have followed Chapter 30B for procurement of labor services over $50,000 to solicit competitive sealed bids or requested a waiver in an emergency situation involving public health and safety. Views of Responsible Officials and Planned Corrective Action: The School Department personnel will review all state contracts used in the future to ensure that it is complying with the 30B procurement requirements of issuing an RFP for any projects that are more than the $100,000 procurement threshold.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 44193 2022-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $862,215
84.425 Education Stabilization Fund $706,634
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $279,984
84.010 Title I Grants to Local Educational Agencies $241,394
10.553 School Breakfast Program $220,584
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $130,468
93.276 Drug-Free Communities Support Program Grants $119,139
84.027 Special Education_grants to States $102,689
10.555 National School Lunch Program $85,061
84.367 Improving Teacher Quality State Grants $60,250
84.424 Student Support and Academic Enrichment Program $14,076
84.173 Special Education_preschool Grants $9,572
16.607 Bulletproof Vest Partnership Program $7,325
20.600 State and Community Highway Safety $6,604
97.042 Emergency Management Performance Grants $5,157
66.437 Long Island Sound Program $5,088
16.738 Edward Byrne Memorial Justice Assistance Grant Program $3,877
93.045 Special Programs for the Aging_title Iii, Part C_nutrition Services $3,407
10.649 Pandemic Ebt Administrative Costs $2,456
21.019 Coronavirus Relief Fund $1,975