THE Department of Public Works failed to properly document procurements totaling $10.5 million and the manner in which it awards contracts is wreaked with mismanagement, conflicting advertising requirements, and poor plotting, resulting in improper use of public funds and unfair competition.
Thats the findings of the Office of Public Accountability on its latest audit report about DPW.
OPA said DPW has not been following Guam Procurement Laws and regulations and found many inconsistencies with the way it awarded contracts.
In a report released yesterday, OPA said over half of the $25.9 million DPW expended from Fiscal Year 2007 to 2009 went to a select 10 contractors for a total of $14.2 million.
Under the Guam law, DPW is responsible for authorizing the procurement of construction projects on behalf of the Government of Guam, with the department director serving as the central procurement officer, the report states.
A total of 566 Capital Improvement Projects were executed during the two fiscal years with 262 of those totaling $6.6 million not properly advertised that should have given honest notice to all eligible contractors who may want to participate in the bidding process.
The OPA also found that the department attempted to further use preferential treatment by evading the competitive sealed bid process. In doing so, DPW abused the emergency procurement, to be able to buy eight sport utility vehicles totaling $199,200 from a contractor who is not an authorized automotive dealer.
Further, OPA said DPW failed to properly document procurements totaling $10.5 million and that $226,926 in routine maintenance work was contracted as CIPs with the top five contractors receiving $121,539, or 54 percent.
DPW has no way to identify contractors who should be barred from doing business thus continually awards projects to contractors who performed poorly, the report states.
For instance, one contractor was awarded a $765,000 contract to design and construct emergency generators, shelters and tanks at five public schools but the contractor failed to complete project.
That contractor was never penalized but somehow managed to win two more contracts despite its poor performance in 2006.
As for proper documentation, 67 files totaling $10.5 million were disorganized and did not meet Guam law standards.
Five emergency projects totaling $868,213 did not contain documentation that deemed it an emergency.
CIP personnel defended their action saying they did not receive formal training and simply carried out the practices of their predecessors.
The OPA recommended that the department director immediately prohibit the division of projects as a way of bypassing the procurement process; revise Guam laws to be consistent with advertising requirements; designate a Chief Planner to review all CIP procurements up to a certain threshold, and a Chief Engineer to review the excess of the threshold; utilize blanket buy agreements for routine maintenance work and small projects; implement standardized filing requirements as established by law; establish a list of past contractors with their performance evaluation to determine who should not be barred from doing business with GovGuam; and finally provide proper training for all CIP personnel.
Article source: http://mvguam.com/index.php?option=com_content&view=article&id=15223:report-dpw-violated-laws&catid=1:guam-local-news&Itemid=61
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