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Bloom Energy India Private Limited
Internal Audit Report - FY 2009 – 10 (Phase 2)
November 24, 2009
Page 2 Draft – For discussion purposes only
Contents
► Background & objective of review 3
► Scope of review 4
► Detailed observations
► Logistics & Distribution 5
► Manufacturing, Testing and Quality 15
Page 3 Draft – For discussion purposes only
Background
► Ernst & Young Pvt. Ltd (EY) has been appointed as Internal Auditors to undertake a review of select processes at Bloom Energy India Private Ltd. as per the scope & terms outlined in the engagement letter. This report presents the findings and recommendations based on our phase 2 review undertaken at Bloom Energy India Private Ltd. for the period April to October 2009
Objective of review
► The objectives of the review were to:
► Gain an understanding of the processes and review the controls and assess potential risks in the process
► Identify risks through walkthroughs of transactions
► Evaluate the existing controls to mitigate these risks
► Test effectiveness of controls and identify control gaps
► Suggest recommendations, as appropriate to mitigate the control gaps identified
Background & objective of review
Page 4 Draft – For discussion purposes only
Scope of review
► Logistics and Distribution
► Identifying, evaluating and selecting logistics service provider
► Process for entering in to contracts with service providers
► Process for monitoring compliance with contract terms & conditions and SLAs
► Process for tracking transit time and delays
► Reconciliation of service provider bills against dispatch records
► Performance evaluation process for service providers
► Process for insurance claims (if any)
► Accounting of invoices and payment processing
► Manufacturing, Testing and Quality
► Process for tracking & verifying work-in progress
► Tracking status of process orders
► Process for tracking wastages
► Process for accounting of wastages in ERP
► Compliance with testing and quality control procedures
► Process for tracking rejections post quality control
Detailed observations – Logistics & Distribution
Page 6 Draft – For discussion purposes only
Logistics & distribution policy & procedures
Observation► Our review of the logistics & distribution process noted
that currently there is no documented policy and procedures with regard to:
► Logistic service provider selection
► Parameters for selecting and evaluating logistic service providers
► Standard terms and conditions of a contract
► Criteria for evaluating the performance of a logistic service vendor
► Tracking & monitoring of service levels
Root cause
► Need for establishing a standard process for procurementnot initiated
Risk► People dependent processes
► Adhoc / inconsistent procedures followed
► Inadequate internal controls
Recommendation
► Develop a policy and procedure document for logistics & distribution function detailing process objectives, roles & responsibilities, inputs to the process, key activities, management information systems, formats and SLAs for monitoring performance of service providers
► Conduct a training session to roll out the standard operating procedures for logistics & distribution team
► Identify a process champion within logistics & distribution team with responsibility to implement the standard operating procedures
Policy & Procedures for Logistics & distribution
Roles & responsibilities
Delegation of authority
Documentation standards
Performance evaluation
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Weak controls over selection of Logistic vendors
Absence of a system to track & monitor shipment & transit time
Formal contracts not available
No vendor selection process and services of only one vendor have been taken
The delivery & transit time of shipments are not tracked
No formal contract available with the inbound logistic vendor
Design gaps in process
Page 7 Draft – For discussion purposes only
Logistics service provider
Observation► Our review of the process for selecting logistics service
provider noted the following:
► Documents such as the request for quotation (RFQ),comparative quote analysis and approval authority forselection of logistics vendors were not available
► No formal contracts/ agreements were entered into with the logistics service providers currently being used
► Contractual terms & conditions have not been defined and agreed
Root cause
► Absence of a defined process for selection of logisticsvendors & entering into contracts prior to utilizing servicesof vendors
Risk► Possibility of availing services at higher rates
► Possibility of bias in selection of service providers
► In the absence of a binding document/contract with the logistic service provider, the company is not adequately protected with rights/obligations and payment covenants
Recommendation
► Process for selecting logistics vendors to be defined andadhered to with immediate effect. All potential logistics serviceproviders must be identified and an RFQ must be sent
► Quotes received must be reviewed and a comparativeanalysis must be prepared on parameters such as references,credentials, price quote, terms & conditions etc. Selection oflogistics service providers must be documented and signed asper authorization matrix
► Formal contract must be entered into with selected logisticservice provider detailing contract terms & conditions
Payments to logistics service providers without a valid contract & documented rates
Page 8 Draft – For discussion purposes only
Service levels agreements (SLAs)
Observation► Our review of the logistics & distribution process, noted
the following:
► SLA’s with the logistic service providers were not defined and documented
► Standard delivery & transit times for different routes are not defined with the logistics service providers
► Absence of a mechanism to track shipment & transit time. Further, online tracking of shipments is also not provided for by the current freight forwarder (Agility Logistics). As a result, critical parameters such as delivery & transit delays are not measured & tracked
► Variance in shipment times for deliveries made (refer annexure in next page)
Root cause► Absence of a defined process for monitoring performance
of logistics service providers
Risk► Inability to track delay in delivery of shipments & transit
time leading to non availability of material on the required date
► Possibility of delayed deliveries going unnoticed
Recommendation
► SLA’s to be defined with the logistic service provider including the following;
► Standard delivery times & transit times for different routes
► Security levels & safety conditions of the transportation equipment used
► Time within which a customer query should be resolved
► Incorporate a mechanism to track and monitor SLA’s and any deviations from the defined standards should be recorded and reported to the management
Enter into a contract with the logistic service
supplier
Shipment of goods from supplier end to Bloom Energy India
Pre defined SLAs defined for each route
Monitoring of SLAs based on actual shipment time
SLAs not defined with logistic service provider
Performance of service provider not reviewed
Page 9 Draft – For discussion purposes only
Service levels agreements (SLAs)
Significant variations in shipment time for shipments through similar routes
Variations in shipment time
Page 10 Draft – For discussion purposes only
Freight charges
Logistic teamSelection of freight
provider
Cle
aran
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f go
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Link GRN with the Material receipt GRN
Purchase Requisition for courier freight raised by material requisitioner
Logistic team unaware of duty free procurements made using courier
GRN’s raised for freight not linked with GRN raised for material receipt
Illustrative process flow
Design gaps in the process
Observation► Our review of the process of freight payments noted the
following:
► Absence of a process to verify whether freight hasbeen received for the freight invoices received fromlogistic service providers
► Absence of a process to verify whether freightcharges are paid only for goods ordered from thesupplier
► As on October 31, 2009 total duty paid as per accountno. 52118 ‘Commissioner of Customs’ (BangaloreEHTP) in Oracle system was INR 1,211,506. However,in some instances, applicable duty was paid by thefreight forwarder & then billed on to the company. Whileprocessing payments to the freight forwarder, nobifurcation of freight charges is made between customsduty paid in Oracle system leading to inability intracking total duty paid and list of materials for whichduty is to be paid
Page 11 Draft – For discussion purposes only
Freight charges
Root cause► The GRN’s raised for closure of the PO’s created for
freight charges are not linked to the GRN’s raised forrecording the corresponding receipt of goods
► Absence of a process to pass separate accountingentries for freight charges & customs duty in Oraclewhile making payments to the freight forwarder
► Absence of bill of entry documentation for duty paidshipments
► Logistics team is unaware of duty paid shipmentsthrough courier
► Documentation (material invoice, Bill of Entry & TR-6challan) was not maintained/retained by logistics team
Risk► Possibility of not claiming drawback on re-export of duty
paid goods► Possibility of processing payments for shipments not
received or ordered► Inability to segregate duty paid and duty free goods
(during customs audits)
Recommendation► Intimation of receipt of imported shipments (email) to
be given to the logistics team by thestores/warehouse division
► During processing of freight invoices, the Financeteam to provide the reference of the GRN number ofthe goods received for the corresponding freightinvoice
► Explore the possibility of configuring Oracle to linkGRNs raised for material receipt & correspondingfreight charges
► Supplier invoice number, item description, materialrequisitioned by, and all other relevant information tobe captured on the freight invoice (freight charges) ofsamples for which GRN would not be created
► Journal entry for customs duty paid across locationsto be posted under a separate ‘customs duty’ account
► Assign the responsibility of administrating couriershipments to the logistic team
Page 12 Draft – For discussion purposes only
Consultant and clearing & handling agent (CHAs) contracts
Observation► Our review of the services rendered by logistics consultants
(Supply Chain & EOU) and other Clearing & Handling Agents(CHAs) noted the following:
► Documents for selection of consultants (Supply Chain &EOU) were not available
► No contract / agreement was entered into with EOUConsultant and other CHAs (Ex: Nippon express,Transglobal logistics, etc)
► During the period April to October 2009, EOU Consultantand the CHS agents were paid INR 1,502,556.Payments were processed without valid contracts/agreed upon rates
► Of the 5 SCM Consultant invoices reviewed, we notedthat in 3 instances (amounting to INR 179,835), specificapprovals for services received beyond the scope, asdefined in the contract, was not obtained (refer annexureof next page)
Root cause► Absence of a defined process for selection of consultants
& entering into contracts prior to utilizing services of consultants
► Finance team is not in possession of the contract with the consultant
Risk ► In the absence of a binding document/contract with the
consultant, the company is not adequately protected with rights/obligations and payment covenants
► Possibility of unauthorized payments being made to the consultant
Payments amounting to INR 1,502,556 made
without a valid contract & agreed upon rates
Page 13 Draft – For discussion purposes only
Consultant and clearing & handling agent (CHAs) contracts
Recommendation
► Procedures and documents, such as the request forquotation (RFQ), comparative quote analysis andvendor approval authority, or selecting consultantsmust be defined and adhered with immediate effect
► A formal contract should be entered into with theconsultants. The contract should cover the scope ofservice, payment terms and conditions, etc
► The copy of the contracts should be maintained withthe Finance team and adherence to the contractshould be monitored by the Finance team
► For services availed beyond the scope, as defined inthe contract, a specific approval mechanism to bedefined and incorporated prior to availing suchservices. The approval obtained to be attached alongwith the service provider’s invoice. The Finance teamshould check for such approvals prior to processingpayments
Payments amounting to INR 179,835 made without
specific approvals
Services rendered beyond the scope of the agreement with Supply Chain Consultants
Page 14 Draft – For discussion purposes only
Customs duty
Root cause
► Process to approve reimbursement of customs charges to DHL does not require the courier agency to submit corresponding Bill of Entry
Risk
► Possibility of excess customs duty reimbursed to the courier service provider
Recommendation
► Incorporate a process of verification of custom duty amount as specified in the invoice with the Bill of Entry prior to processing of the payment
► Retain a copy of the Bill of Entry for record purposes
Observation
► During our review of the process of reimbursement of customs duty paid to DHL, we noted that there is no process to verify the customs duty amount with the Bill of Entry
► During our sample review of 5 inbound charges invoice submitted by DHL during the period between April –October 2009, we noted that for customs duty amounting to INR 34,291, the Bill of Entry was not available. Further on discussions with Senior Sourcing & Procurement Engineer and Senior Accountant, we noted that the reimbursement charges submitted by DHL were not supported with a Bill of Entry
Receipt of goods at the customs
frontier
Customs duty paid by DHL (as
per the Bill of Entry)
Inbound charges invoice raised by
DHL on BEIPL
Payment processed by Finance team
Verification between invoice and Bill of Entry not performed