Finding 620916 (2022-002)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-05-01
Audit: 51805
Organization: City of Hobart (IN)

AI Summary

  • Core Issue: The City’s procurement policy is outdated and does not align with state laws or federal requirements, leading to noncompliance.
  • Impacted Requirements: The City failed to obtain competitive bids for a $2.1 million purchase and did not verify vendor eligibility, violating federal procurement standards.
  • Recommended Follow-Up: Management should implement a robust system of internal controls to ensure compliance with procurement regulations and prevent future issues.

Finding Text

FINDING 2022-002 Subject: Highway Planning and Construction Cluster - Procurement and Suspension and Debarment Federal Agency: U.S. Department of Transportation Federal Program: Highway Planning and Construction Cluster Assistance Listings Number: 20.205 Federal Award Number and Year (or Other Identifying Numbers): DES: 1902708 Pass-Through Entity: Indiana Department of Transportation Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Condition and Context Procurement Policy The City had a documented procurement policy; however, the policy did not reflect applicable state laws and regulations. In addition, the policy did not include procedures to avoid acquisition of unnecessary or duplicative items, procedures to ensure that all solicitations incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured or procedures to ensure that all solicitations identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. Procurement and Suspension and Debarment The City purchased CNG refuse haulers totaling $2,144,276 from the sole vendor that fell within the simplified acquisition threshold. The City considered this a special purchase as outlined in the Board of Works Resolution 2021-03. This resolution satisfied state statute for a special purchase as outlined in Indiana Code 5-22-10-9; however, it did not address or meet any of the noncompetitive procurement circumstances as outlined in federal statute. As such, sealed bids or competitive proposals, as required, were not obtained from an adequate number of sources. Additionally, the City did not verify that the vendor was neither suspended, nor debarred, or otherwise excluded or disqualified from participating in federal assistance programs prior to payment to the vendor. The lack of internal controls and noncompliance was isolated to vendor noted above. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 2 CFR 200.320(b) states in part: "Formal procurement methods. When the value of the procurement for property or services under the Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with ? 200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1) Sealed bids. . . . (ii) If sealed bids are used the following requirements apply: (A) Bids must be solicited from an adequate number of qualified sources . . . (2) Proposals. . . . (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number qualified offerors. . . ." 2 CFR 200.320(c) states: "Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section); (2) The items is available only from a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate." Indiana Code 5-22-10-9 states: "A purchasing agent may make a special purchase when purchase of the required supplies or services under another purchasing method under this article would seriously impair the functioning of the using agency." 2 CFR 180.300 states: "When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you intend to do business is not excluded or disqualified. You do this by: (a) Checking SAM Exclusions; or (b) Collecting a certification from that person; or (c) Adding a clause or condition to the covered transaction with that person." Cause Management had not developed a system of internal controls that would have ensured compliance with the grant agreement and the Procurement and Suspension and Debarment compliance requirement. Effect The failure to establish an effective system of internal controls enabled material noncompliance to go undetected. Noncompliance with the grant agreement and the Procurement and Suspension and Debarment compliance requirement could result in the loss of future federal funding to the City. Questioned Costs There were no questioned costs identified. Recommendation We recommended that the City's management establish a system of internal controls to ensure compliance and comply with the Procurement and Suspension and Debarment compliance requirement. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 44474 2022-002
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
20.205 Highway Planning and Construction $1.76M
21.027 Coronavirus State and Local Fiscal Recovery Funds $609,056
16.922 Equitable Sharing Program $573,378
20.600 State and Community Highway Safety $207,823
20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $96,912
16.588 Violence Against Women Formula Grants $96,314
20.616 National Priority Safety Programs $80,220
16.575 Crime Victim Assistance $49,942
16.738 Edward Byrne Memorial Justice Assistance Grant Program $35,452
93.498 Provider Relief Fund $26,374
97.083 Staffing for Adequate Fire and Emergency Response (safer) $19,429
93.775 State Medicaid Fraud Control Units $12,188
16.607 Bulletproof Vest Partnership Program $2,754