Finding 979301 (2023-004)

Significant Deficiency
Requirement
I
Questioned Costs
-
Year
2023
Accepted
2024-06-26

AI Summary

  • Core Issue: NFHA failed to document key procurement details, including rationale for methods and contractor selections.
  • Impacted Requirements: Non-compliance with 2 CFR §200.303 and §200.318, leading to insufficient procurement records.
  • Recommended Follow-Up: Update procurement policies to align Federal and non-Federal processes and ensure proper documentation retention.

Finding Text

Finding 2023-004: Procurement Information About the Program: All Programs Criteria: According to 2 CFR §200.303, 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). Additionally, according to 2 CFR §200.318 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. Title 2, Subtitle A Chapter II Part 200 Subpart D 200.319 Procurement Standards. All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Noncompetitive procurements can only be awarded in accordance with §200.320(c). According to 2 CFR §200.320 Procurement Standards, 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 (see paragraph (a)(1) of this section); 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 testing over procurement, we determined NFHA did not clearly document the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. In addition, for noncompetitive procurements, there was no documentation to support which of the five criteria was met to allow for the noncompetitive procurement. Cause: Management did not have effective internal controls in place to ensure that procurement requirements were adequately documented and retained. Effect: Procurement records were insufficient to meet the requirements noted in the Criteria section above, as well as NFHA's internal procurement policy. Questioned Costs: None. Context: We noted that several items selected for testing did not document the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. In addition, we noted that several items selected for testing for noncompetitive procurements did not maintain documentation of which of the five criteria were met to allow for the noncompetitive procurement. Identification as a Repeat Finding: Not applicable. Recommendation: We recommend NFHA update its policies to treat Federal and non-Federal procurement the same and ensure compliance with Uniform Guidance. NFHA should retain sufficient procurement documentation to meet the requirements noted in the Criteria section above.

Categories

Procurement, Suspension & Debarment

Other Findings in this Audit

  • 402858 2023-003
    Material Weakness
  • 402859 2023-004
    Significant Deficiency
  • 402860 2023-005
    Significant Deficiency
  • 402861 2023-003
    Material Weakness
  • 402862 2023-004
    Significant Deficiency
  • 402863 2023-005
    Significant Deficiency
  • 402864 2023-003
    Material Weakness
  • 402865 2023-004
    Significant Deficiency
  • 402866 2023-005
    Significant Deficiency
  • 979300 2023-003
    Material Weakness
  • 979302 2023-005
    Significant Deficiency
  • 979303 2023-003
    Material Weakness
  • 979304 2023-004
    Significant Deficiency
  • 979305 2023-005
    Significant Deficiency
  • 979306 2023-003
    Material Weakness
  • 979307 2023-004
    Significant Deficiency
  • 979308 2023-005
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
14.418 Private Enforcement Initiatives $671,310
14.416 Education and Outreach Initiatives $492,589
14.417 Fair Housing Organization Initiatives $8,123