Finding 960274 (2023-003)

Material Weakness Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-03-22

AI Summary

  • Core Issue: The School Corporation's procurement policy does not meet federal standards, leading to repeated findings of noncompliance.
  • Impacted Requirements: Failure to follow procurement guidelines and verify vendor eligibility for federal awards, risking improper use of funds.
  • Recommended Follow-Up: Revise procurement policies to align with federal and state regulations, and implement oversight processes for vendor verification and documentation.

Finding Text

FINDING 2023-003 Subject: Special Education Cluster (IDEA) - Procurement and Suspension and Debarment Federal Agency: Department of Education Federal Programs: Special Education Grants to States, COVID-19 - Special Education Grants to States, Special Education Preschool Grants, COVID-19 - Special Education Preschool Grants Assistance Listings Numbers: 84.027; 84.173; 84.027X; 84.173X Federal Award Numbers and Years (or Other Identifying Numbers): 19611-058-PN01, 21611-058-PN01, 22611-058-PN01, 22611-056-ARP, 20619-056-PN01, 21619-056-PN01, 22619-056-PN01, 22619-056-ARP, 23611-056-PN01 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Procurement and Suspension and Debarment Audit Findings: Material Weakness, Modified Opinion Repeat Finding This is a repeat finding from the prior audit report. The prior audit finding number was 2021-002. Condition and Context Procurement - Policy The School Corporation had adopted a purchasing policy; however, the policy did not conform to the procurement standards outlined in 2 CFR 200.318 through 2 CFR 200.326. The policy did not reflect applicable state laws and regulations, avoid acquisition of unnecessary or duplicative items, ensure that all solicitations incorporate a clear and accurate description of the technical requirements for the material, product, or service being procured, and ensure that all solicitations identify all requirements which the offerors must fulfill and other factors to be used in evaluating bids or proposals. The lack of internal controls and noncompliance were systemic issues throughout the audit period. Procurement - Small Purchases Federal regulations allow for informal procurement methods when the value of the procurement for goods or services does not exceed the simplified acquisition threshold, which is customarily set at $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. 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. If it is determined a single source provider can be used for a small purchase, documentation must be retained supporting the determination. There were forty-seven vendors identified that fell within the small purchases threshold. Eight of the vendors were selected for testing. For eight of eight vendors tested that fell within the small purchases threshold, the School Corporation did not obtain an adequate number of price or rate quotations to ensure the procurements provided full and open competition. In addition, history of the procurements which would include the rationale for the method of procurement, selection of the vendor, and basis for price was not documented. The lack of internal controls and noncompliance were systemic issues throughout the audit period. 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 nonprocurement 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 person, or adding a clause or condition to the covered transaction with that person. Upon inquiry of the School Corporation, it was determined there was a process in place to verify that vendors were not suspended or debarred, or otherwise excluded or disqualified from participation in the federal award, prior to entering into a covered transaction. One employee was responsible for checking SAM exclusions by running a vendor exclusion list and comparing that list to a vendor history report from the School Corporation's financial software. However, there was no documented oversight, review, or approval process to ensure the process was completed and accurate. The lack of internal controls was a systemic issue 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 states in part: "(a) 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. . . . (i) 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. . . ." 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. . . ." Cause A proper system of internal controls was not designed and implemented by management of the School Corporation, which would include segregation of key functions. 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 design or implementation of the components of a system of internal controls, including policies and procedures that provide segregation of duties and additional oversight as needed, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, goods that fell within the small purchase threshold were not properly procured. Noncompliance with the provisions of federal statutes, regulations, and the terms and conditions of 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 there are appropriate procurement procedures for goods and services. 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

  • 383823 2023-002
    Material Weakness
  • 383824 2023-002
    Material Weakness
  • 383825 2023-002
    Material Weakness
  • 383826 2023-002
    Material Weakness
  • 383827 2023-003
    Material Weakness Repeat
  • 383828 2023-003
    Material Weakness Repeat
  • 383829 2023-003
    Material Weakness Repeat
  • 383830 2023-003
    Material Weakness Repeat
  • 383831 2023-003
    Material Weakness Repeat
  • 383832 2023-003
    Material Weakness Repeat
  • 383833 2023-003
    Material Weakness Repeat
  • 383834 2023-004
    Material Weakness
  • 383835 2023-004
    Material Weakness
  • 383836 2023-005
    Material Weakness
  • 383837 2023-005
    Material Weakness
  • 383838 2023-005
    Material Weakness
  • 383839 2023-005
    Material Weakness
  • 960265 2023-002
    Material Weakness
  • 960266 2023-002
    Material Weakness
  • 960267 2023-002
    Material Weakness
  • 960268 2023-002
    Material Weakness
  • 960269 2023-003
    Material Weakness Repeat
  • 960270 2023-003
    Material Weakness Repeat
  • 960271 2023-003
    Material Weakness Repeat
  • 960272 2023-003
    Material Weakness Repeat
  • 960273 2023-003
    Material Weakness Repeat
  • 960275 2023-003
    Material Weakness Repeat
  • 960276 2023-004
    Material Weakness
  • 960277 2023-004
    Material Weakness
  • 960278 2023-005
    Material Weakness
  • 960279 2023-005
    Material Weakness
  • 960280 2023-005
    Material Weakness
  • 960281 2023-005
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund 2023 $8.70M
10.555 National School Lunch Program 2022 $4.94M
10.555 National School Lunch Program 2023 $4.61M
84.425 Education Stabilization Fund 2022 $4.21M
84.010 Title I Grants to Local Educational Agencies 2023 $3.13M
84.010 Title I Grants to Local Educational Agencies 2022 $2.89M
10.553 School Breakfast Program 2022 $1.39M
10.553 School Breakfast Program 2023 $1.07M
84.048 Career and Technical Education -- Basic Grants to States 2022 $914,803
84.048 Career and Technical Education -- Basic Grants to States 2023 $913,483
84.002 Adult Education - Basic Grants to States 2022 $793,559
84.367 Improving Teacher Quality State Grants 2022 $641,071
93.778 Medical Assistance Program 2023 $498,835
84.027 Special Education_grants to States 2023 $483,168
84.367 Improving Teacher Quality State Grants 2023 $468,082
84.002 Adult Education - Basic Grants to States 2023 $442,114
84.424 Student Support and Academic Enrichment Program 2022 $327,282
10.649 Pandemic Ebt Administrative Costs 2022 $313,915
93.778 Medical Assistance Program 2022 $306,328
84.424 Student Support and Academic Enrichment Program 2023 $229,645
21.019 Coronavirus Relief Fund 2022 $218,164
84.365 English Language Acquisition State Grants 2023 $161,454
10.559 Summer Food Service Program for Children 2022 $149,604
21.019 Coronavirus Relief Fund 2023 $137,275
84.365 English Language Acquisition State Grants 2022 $134,714
10.559 Summer Food Service Program for Children 2023 $113,586
84.027 Special Education_grants to States 2022 $76,213
84.173 Special Education_preschool Grants 2022 $44,578
93.566 Refugee and Entrant Assistance_state Administered Programs 2022 $34,156
84.173 Special Education_preschool Grants 2023 $20,272
93.566 Refugee and Entrant Assistance_state Administered Programs 2023 $6,220
10.649 Pandemic Ebt Administrative Costs 2023 $3,135