Finding 970375 (2023-001)

Significant Deficiency Repeat Finding
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-04-22

AI Summary

  • Core Issue: The Corporation's procurement policies do not meet federal requirements, particularly regarding noncompetitive procurement processes.
  • Impacted Requirements: Noncompliance with 2 CFR § 200.318 and § 200.320, which mandate documented procedures and justifications for noncompetitive procurements.
  • Recommended Follow-Up: Ensure adherence to updated procurement policies, document justifications for noncompetitive contracts, and monitor vendor contracts to facilitate competitive procurement when necessary.

Finding Text

2023-001 Procurement, Suspension and Debarment Information on the Federal Program: Program Name: Congressional Appropriations Program Federal Agency: United States Department of Treasury AL Number/Name: 21.U01 NeighborWorks® System Program FY 2023 Appropriation Criteria: According to 2 CFR § 200.318(a), General Procurement Standards, the non-Federal entity must have and use documented procurement procedures, consistent with State and local laws and regulations, 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 the Uniform Guidance. In addition, 2 CFR §200.318(i) states that the non-federal entity must maintain records sufficient to detail the history of the procurement. These records are required to 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. All procurement transactions must be conducted in a manner providing full and open competition consistent with §200.319 and must be performed using the appropriate procurement method as outlined in §200.320. Furthermore, 2 CFR §200.320(c), Noncompetitive Procurement, states that 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; (2) The item 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. Condition: During our review of the Corporation’s procurement policies, we noted that the Corporation’s written internal procurement policies and procedures during the first quarter of fiscal year 2023 are not in conformity with the requirements identified in the Uniform Guidance procurement requirements. During our testing of the procurement, suspension and debarment compliance requirement, we selected 10 procurement samples for testing. We noted that 2 out of the 10 procurement samples were procured by way of a noncompetitive proposal process through a solicitation from only one source under the criteria of either: (1) the item is available only from a single source or (2) there is an urgent and compelling need for the goods or services. However, based on our review of the 2 procurement files, we noted that the 2 procurement files do not appropriately justify the use of a noncompetitive procurement process due to the following reasons: 1. The supplies or services being procured are sold or provided by other vendors, not just by a single source. 2. Incumbency of the vendor is not a valid noncompetitive procurement justification. 3. Contracting without providing for full and open competition shall not be justified on the basis of (1) lack of advance planning by the requiring activity; or (2) concerns related to the amount of funds available for the acquisition of supplies or services. Cause: The Corporation’s personnel did not adhere to the federal requirements and the Corporation’s internal procurement policies and procedures particularly on the use of noncompetitive procurements. Effect: Failure to perform procurement procedures in accordance with the Corporation’s documented policies and the procurement procedures under the Uniform Guidance procurement requirements could result in expenditures incurred being disallowed. Questioned Costs: Not determinable. Context: This is a condition identified per review of the Corporation’s compliance with the specified requirements using a non-statistical sample. The total federal expenditures related to the 2 noncompetitive procurements is $105,985 for the year ended September 30, 2023. The total contract value of the 2 noncompetitive procurements is $430,000 with contract terms that ranges from 6 months to 4 years. The total federal expenditures for all of the 10 procurement samples selected for testing is $2,472,158 for the year ended September 30, 2023. Repeat Finding: This is a repeat finding of 2022-001. Recommendation: We understand that the Corporation updated its procurement policies and procedures in March 2023 to conform with the requirements identified in the Uniform Guidance procurement requirements. We recommend that the Corporation should ensure that the use of Noncompetitive Procurement criteria under the Uniform Guidance procurement requirements are adhered to and appropriate justifications for these contracts are used and documented appropriately. In addition, the Corporation should continue to use the system in place to track and monitor the terms of vendor contracts in order to plan in advance if the contracts will need to be subject to a competitive procurement process providing full and open competition as required. Views of Responsible Officials: Management agrees with the finding and recommendations set forth within and has developed a corrective action plan to address the instances of noncompliance identified and lapses in prescribed internal controls.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 393933 2023-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
21.U01 Congressional Appropriations - Neighborworks System Program Fy2023 Appropriation $166.00M
21.U04 Covid-19 Congressional Appropriations - Neighborworks System Program American Rescue Plan $34.24M
14.169 Housing Counseling Assistance Program $2.97M
21.U02 Congressional Appropriations - Neighborworks System Program Fy2023 Shared Equity $1.50M
14.316 Housing Counseling Training Program $1.18M
21.U02 Congressional Appropriations - Neighborworks System Program Fy2022 Shared Equity $1.10M
21.U02 Congressional Appropriations - Neighborworks System Program Fy2021 Shared Equity $309,396
21.U02 Congressional Appropriations - Neighborworks System Program Fy2020 Shared Equity $244,555
94.013 Volunteers in Service to America $137,196
21.U03 Congressional Appropriations - Neighborworks National Foreclosure Mitigation Counseling Program $118,666