Finding 660475 (2022-002)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2022
Accepted
2023-03-22

AI Summary

  • Core Issue: The School Corporation failed to implement effective internal controls for procurement, leading to non-compliance with federal and state regulations.
  • Impacted Requirements: Violations include not obtaining required quotes for small purchases over $50,000 and failing to check vendor eligibility against debarment lists.
  • Recommended Follow-Up: Establish a robust procurement process, ensure compliance with both federal and state thresholds, and maintain proper documentation for all procurement activities.

Finding Text

FINDING 2022-002 Subject: Child Nutrition Cluster - Procurement and Suspension and Debarment Federal Agency: Department of Agriculture Federal Programs: School Breakfast Program, COVID-19 - School Breakfast Program, National School Lunch Program, COVID-19 - National School Lunch Program, Summer Food Service Program, COVID-19 - Summer Food Service Program Assistance Listings Numbers: 10.553, 10.555, 10.559 Federal Award Numbers and Years (or Other Identifying Numbers): FY20-21, FY21-22 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Condition and Context An effective internal control system was not designed nor implemented at the School Corporation to ensure compliance with requirements related to the grant agreement and the Procurement and Suspension and Debarment compliance requirement. Procurement When the value of procurement of property or services exceeds the simplified acquisition threshold, customarily set at $250,000, a formal bid process must take place and a contract must be awarded. Federal regulations allow for informal procurement methods when the value of the procurement for property or services does not exceed the simplified acquisition threshold of $250,000. However, Indiana Code 5-22-8 has a more restrictive threshold of $150,000 or less for when small purchase procedures may be used. This informal process allows for methods other than the formal bid process. The informal process is divided between two methods based on thresholds. Micro-purchases, typically for those purchases $10,000 or under, and small purchase procedures for those purchases above the micro-purchase threshold, but below the simplified acquisition threshold. If small purchase procedures are used, then price or rate quotations must be obtained from an adequate number of qualified sources. Indiana Code also requires any small purchase above $50,000 must be awarded a contract. INDIANA STATE BOARD OF ACCOUNTS 20 EAST WASHINGTON SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Small Purchases During fiscal year 2020-2021, the School Corporation purchased food and supply items from four vendors with total purchases that fell within the small purchase threshold without obtaining quotes or providing full and open competition. Two of the four vendors were above $50,000 and a contract was not awarded. During 2021-2022, the School Corporation purchased food and supply items from one vendor with total purchases that fell within the small purchase threshold without obtaining quotes or providing full and open competition. A contract was not awarded to this vendor. There was no documentation available to support the rationale to limit competition. Suspension and Debarment Non-federal entities and contractors are subject to non-procurement debarment and suspension regulations. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or are ineligible for participation in Federal assistance programs or activities. This is done by checking SAM Exclusions, collecting a certification from that person, or adding a clause or condition to the covered transaction with that person. During 2020-2021 and 2021-2022, the School Corporation entered into a covered transaction with the Commercial Food Systems. They did not follow its procedures to ensure that the vendor was not suspended, debarred, or otherwise excluded from or eligible for participation in Federal assistance programs or activities. The lack of internal controls and noncompliance were systemic issues throughout the audit period. 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 200.318(i) states: "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." INDIANA STATE BOARD OF ACCOUNTS 21 EAST WASHINGTON SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) 2 CFR 200.320(b) (Uniform Guidance) states: "Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources." 2 CFR 200.320 (Revised Uniform Guidance) states in part: "The non-Federal entity must have and use document procurement procedures, consistent with the standards of this section and ?? 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in ? 200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: . . . (2) Small purchases - (i) Small purchase procedures. 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. . . ." Indiana Code 5-22-8-3 states in part: "(a) This section applies only if the purchasing agent expects the purchase to be: (1) at least fifty thousand dollars ($50,000); and (2) not more than one hundred fifty thousand dollars ($150,000) . . . . (d) if the purchasing agent receives a satisfactory quote, the purchasing agent shall award a contract to the lowest responsible and responsive offeror for each line or class of supplies required." 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: INDIANA STATE BOARD OF ACCOUNTS 22 EAST WASHINGTON SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) (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 nor implemented 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 internal control system 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 funds to the School Corporation. Questioned Costs There were no questioned costs identified. Recommendation We recommended that the School Corporation'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

  • 84026 2022-002
    Material Weakness
  • 84027 2022-002
    Material Weakness
  • 84028 2022-002
    Material Weakness
  • 84029 2022-002
    Material Weakness
  • 84030 2022-002
    Material Weakness
  • 84031 2022-002
    Material Weakness
  • 84032 2022-002
    Material Weakness
  • 84033 2022-002
    Material Weakness
  • 84034 2022-003
    Material Weakness
  • 84035 2022-003
    Material Weakness
  • 84036 2022-003
    Material Weakness
  • 84037 2022-003
    Material Weakness
  • 84038 2022-003
    Material Weakness
  • 84039 2022-004
    Material Weakness
  • 84040 2022-003
    Material Weakness
  • 660468 2022-002
    Material Weakness
  • 660469 2022-002
    Material Weakness
  • 660470 2022-002
    Material Weakness
  • 660471 2022-002
    Material Weakness
  • 660472 2022-002
    Material Weakness
  • 660473 2022-002
    Material Weakness
  • 660474 2022-002
    Material Weakness
  • 660476 2022-003
    Material Weakness
  • 660477 2022-003
    Material Weakness
  • 660478 2022-003
    Material Weakness
  • 660479 2022-003
    Material Weakness
  • 660480 2022-003
    Material Weakness
  • 660481 2022-004
    Material Weakness
  • 660482 2022-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program Fy 22 $633,162
84.425 Education Stabilization Fund Fy 22 $412,393
32.009 Emergency Connectivity Fund Program Fy 22 $395,200
84.027 Special Education_grants to States Fy 21 $373,009
84.027 Special Education_grants to States Fy 22 $355,235
84.010 Title I Grants to Local Educational Agencies Fy 22 $331,809
84.010 Title I Grants to Local Educational Agencies Fy 21 $298,557
84.425 Education Stabilization Fund Fy 21 $222,921
10.553 School Breakfast Program Fy 22 $185,046
84.287 Twenty-First Century Community Learning Centers Fy 21 $156,392
84.287 Twenty-First Century Community Learning Centers Fy 22 $79,106
10.555 National School Lunch Program Fy 21 $73,219
93.778 Medical Assistance Program Fy 21 $46,373
84.367 Improving Teacher Quality State Grants Fy 21 $42,955
84.367 Improving Teacher Quality State Grants Fy 22 $39,986
93.778 Medical Assistance Program Fy 22 $30,617
10.553 School Breakfast Program Fy 21 $28,935
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) Fy 22 $23,503
10.559 Summer Food Service Program for Children Fy 22 $16,412
10.559 Summer Food Service Program for Children Fy 21 $14,445
84.173 Special Education_preschool Grants Fy 22 $13,345
84.173 Special Education_preschool Grants Fy 21 $11,861
84.424 Student Support and Academic Enrichment Program Fy 22 $3,273
10.649 Pandemic Ebt Administrative Costs Fy 22 $614
84.424 Student Support and Academic Enrichment Program Fy 21 $486