Finding 950736 (2023-005)

Material Weakness
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-03-07

AI Summary

  • Core Issue: The School Corporation failed to implement adequate procurement policies, leading to non-compliance with federal and state regulations regarding obtaining price quotes for purchases over $10,000.
  • Impacted Requirements: Non-compliance with 2 CFR 200.318 and 200.320 regarding documented procurement procedures and verification of vendor eligibility for federal transactions.
  • Recommended Follow-Up: Establish and enforce comprehensive procurement policies, including obtaining necessary price quotes and verifying vendor status to ensure compliance with federal and state regulations.

Finding Text

FINDING 2023-005 Subject: Child Nutrition Cluster - Procurement and Suspension and Debarment Federal Agency: Department of Agriculture Federal Programs: School Breakfast Program, National School Lunch Program, Summer Food Service Program for Children Assistance Listings Numbers: 10.553, 10.555, 10.559 Federal Award Numbers and Years (or Other Identifying Numbers): FY2022, FY2023 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Condition and Context Procurement The School Corporation had not designed or implemented adequate policies or procedures to ensure that proper procurement procedures for small purchases. There was no documented oversight, review, or approval process in place at the School Corporation to ensure proper procedures were followed and price or rate quotations were obtained, or documentation to support limited procurement procedures were conducted and maintained for small purchases. Federal regulations allow for informal procurement methods when the value of the procurement for property or services does not exceed the simplified acquisition threshold, which is set at $250,000 unless a lower, more restrictive threshold is set by a non-federal entity. As Indiana Code has set a more restrictive threshold of $150,000, informal procurement methods are permitted when the value of the procurement does not exceed $150,000. 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. Micro-purchases may be awarded without soliciting competitive price rate quotations. If small purchase procedures are used, then price or rate quotations must be obtained from an adequate number of qualified sources. The School Corporation did not obtain price or rate quotes for the three vendors tested that were less than the simplified acquisition threshold of $150,000, but exceeded the $10,000 micro-purchase threshold. For the three vendors tested, totaling $149,061, an adequate number of quotes were not obtained from qualified sources nor was there any documentation detailing the history of procurement, which must include the reason for the procurement method used. Suspension and Debarment Prior to entering into subawards and covered transactions with federal award funds, recipients are required to verify that such contractors and subrecipients are not suspended, debarred, or otherwise excluded. "Covered transactions" include, but are not limited to, contracts for goods and services awarded under a non-procurement transaction (i.e., grant agreement) that are expected to equal or exceed $25,000. The verification is to be done by checking the SAMs exclusions, collecting a certification from that vendor, or adding a clause or condition to the covered transaction with that vendor. Upon inquiry of the School Corporation in order to review the procedures in place for verifying that a vendor with which it plans to enter into a covered transaction is not suspended, debarred, or otherwise excluded, the School Corporation disclosed procedures had not been performed to ensure vendors were not suspended or debarred prior to entering into covered transaction. Four covered transactions that equaled or exceeded $25,000 were identified. All four transactions, totaling $320,121, were selected for testing. For the four vendors, the School Corporation had not performed procedures to ensure the vendors were not suspended or debarred, or otherwise excluded or disqualified from participating in federal assistance programs or activities for suspension or debarment. 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(a) states: "The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward. The non- Federal entity's documented procurement procedures must conform to the procurement standards identified in §§ 200.317 through 200.327." 2 CFR 200.320 states in part: "The non-Federal entity must have and use documented 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. . . ." 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 the 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 A proper system of internal controls was not designed or implemented, which includes segregation of key functions, by management of the School Corporation to ensure that policies and procedures were in place related to procurement and suspension and debarment. Embedded within a properly designed and implemented internal control system should be internal controls consisting of policies and procedures. Policies reflect the School Corporation's management statements of what should be done to effect internal controls, and procedures should consist of actions that would implement these policies. Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, vendors to whom payments equal to or in excess of $25,000 were not verified to be not suspended, debarred, or otherwise excluded, and for small purchases an adequate number of quotes were not obtained. Noncompliance with the provisions of federal statutes, regulations, and the terms and conditions or the federal award could result in the loss of future federal funding to the School Corporation. Questioned Costs There were no questioned costs identified. Recommendation We recommended that management of the School Corporation establish a proper system of internal controls and develop policies and procedures to ensure proper procurement procedures are followed and that contractors are not suspended, debarred, or otherwise excluded prior to entering into any covered transactions. 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 Subrecipient Monitoring

Other Findings in this Audit

  • 374279 2023-004
    -
  • 374280 2023-005
    Material Weakness
  • 374281 2023-003
    Material Weakness
  • 374282 2023-004
    Material Weakness
  • 374283 2023-005
    Material Weakness
  • 374284 2023-004
    Material Weakness
  • 374285 2023-005
    Material Weakness
  • 374286 2023-002
    Material Weakness
  • 374287 2023-003
    Material Weakness
  • 374288 2023-004
    Material Weakness
  • 374289 2023-005
    Material Weakness
  • 374290 2023-004
    Material Weakness
  • 374291 2023-005
    Material Weakness
  • 374292 2023-003
    Material Weakness
  • 374293 2023-004
    Material Weakness
  • 374294 2023-005
    Material Weakness
  • 374295 2023-006
    Material Weakness
  • 374296 2023-006
    Material Weakness
  • 374297 2023-006
    Material Weakness
  • 950721 2023-004
    -
  • 950722 2023-005
    Material Weakness
  • 950723 2023-003
    Material Weakness
  • 950724 2023-004
    Material Weakness
  • 950725 2023-005
    Material Weakness
  • 950726 2023-004
    Material Weakness
  • 950727 2023-005
    Material Weakness
  • 950728 2023-002
    Material Weakness
  • 950729 2023-003
    Material Weakness
  • 950730 2023-004
    Material Weakness
  • 950731 2023-005
    Material Weakness
  • 950732 2023-004
    Material Weakness
  • 950733 2023-005
    Material Weakness
  • 950734 2023-003
    Material Weakness
  • 950735 2023-004
    Material Weakness
  • 950737 2023-006
    Material Weakness
  • 950738 2023-006
    Material Weakness
  • 950739 2023-006
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program Fy2022 $761,674
10.555 National School Lunch Program Fy2023 $665,512
84.425 Education Stabilization Fund Fy2022 $579,379
84.425 Education Stabilization Fund Fy2023 $433,356
84.010 Title I Grants to Local Educational Agencies Fy2023 $281,847
84.027 Special Education_grants to States Fy2022 $250,932
10.553 School Breakfast Program Fy2022 $174,317
10.553 School Breakfast Program Fy2023 $162,806
32.009 Emergency Connectivity Fund Program Fy2022 $154,090
10.559 Summer Food Service Program for Children Fy2022 $143,956
84.027 Special Education_grants to States Fy2023 $127,270
32.009 Emergency Connectivity Fund Program Fy 2023 $111,076
84.367 Improving Teacher Quality State Grants Fy2023 $49,740
93.778 Medical Assistance Program Fy2022 $38,939
93.778 Medical Assistance Program Fy2023 $35,196
84.010 Title I Grants to Local Educational Agencies Fy2022 $33,878
10.579 Child Nutrition Discretionary Grants Limited Availability Fy2022 $30,000
84.424 Student Support and Academic Enrichment Program Fy2023 $13,049
10.559 Summer Food Service Program for Children Fy2023 $11,114
84.173 Special Education_preschool Grants Fy 2022 $5,426
84.367 Improving Teacher Quality State Grants Fy2022 $4,439
84.173 Special Education_preschool Grants Fy2023 $4,055