Finding Text
Finding 2022-001 ? Procurement and Suspension and Debarment Identification of the federal program:Federal Agencies: U.S. Department of Health and Human Services Pass-Through Entities: Ohio Department of Health Assistance Listing No: 93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response Award Period: 2022 Criteria or specific requirement (including statutory, regulatory or other citation): Section 200.303 of the Uniform Guidance states the following regarding internal control: ?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).? Section 200.318(i) of the Uniform Guidance states the following regarding general procurement standards: ?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 200.320(a)(1)(iii) of the Uniform Guidance states the following regarding formal procurement methods to be followed: ?The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures.?Section 200.320(a)(2)(i) refers to small purchases as: ?The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity.? Condition: Three federal procurements made in fiscal year 2022 exceeded the small purchase threshold of $10,000. Akron Children?s did not document the history of the procurement, including the rationale for the method of procurement and rationale for selection of the contractor prior to the purchase date of the federal procurements. In addition, Akron Children?s Procurement Policy for Federal Grant Agreements and Contracts does not align with the Uniform Guidance requirements within Section 200.320 in that the requirements for price or rate quotations from an adequate number of sources for small purchases between the micro purchase and simplified acquisition thresholds are not defined. Cause: Akron Children?s did not document the history and rationale for the method of procurement prior to the federal procurements. In addition, the small purchase procurement threshold within Akron Children?s Procurement Policy for Federal Grant Agreements and Contracts does not align with the procurement thresholds established under Uniform Guidance Section 200.320. Effect or potential effect: At the time the procurements were made, Akron Children?s did not sufficiently document that the purchases aligned with the federal procurement guidelines. Akron Children?s procurement policies are not designed in accordance with Section 2.00.320(a). Questioned costs: NoneContext: We sampled 3 federal procurements over the small purchase threshold of $10,000 totaling $148,383, which represented the entire population of small purchase procurements. Procurement-related expenditures represent approximately 16% of total Federal expenditures for the program of $1,085,801 for the year ended December 31, 2022. Identification as a repeat finding, if applicable: The finding is not a repeat finding from the prior year. Recommendation: Akron Children?s should ensure that all awards that require procurement of goods and services follow established policies, procedures, and internal controls in order to comply with the Uniform Guidance procurement standards, including that sufficient documentation is prepared and retained at the time of the federal procurement. Akron Children?s should review and update its federal procurement policies to align with the procurement standards. Views of responsible officials: Akron Children?s concluded that the vendors utilized for these federal procurements were appropriate. Akron Children?s had performed an assessment of the IT and software vendors prior to the procurements but had not documented, specific to the federal procurements for this grant, that the selected contractors were reasonable based on management?s analysis of price or rate quotations from an adequate number of qualified sources. Akron Children?s subsequently provided documentation of multiple bids for federal procurements that were obtained prior to the federal procurements. Akron Children?s will modify the Procurement Policy for Federal Grant Agreements and Contracts to align with the standards of the Uniform Guidance.