Performance Audits: Compliance and Program Goals. October 7, Presenters: Shirley Komoto, Senior Manager

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1 Construction Performance Audits: How to Achieve Compliance and Program Goals Presenters: Curtis Matthews, Partner Shirley Komoto, Senior Manager October 7, 2010

2 Agenda Current Situation Why Construction Programs Are So Risky Common Construction Program Exposures Performance Audit Definitions Compliance Performance Audits Economy, Efficiency and Internal Control Performance Audits Q&A MOSS ADAMS LLP 2

3 The Current Situation ti MOSS ADAMS LLP 3

4 Current Situation with Education Facilities Aging facilities and increase in facilities use Demographic population shift to western and/or sun belt states Significant public interest and internal stakeholder impact MOSS ADAMS LLP 4

5 Current Situation with Education Facilities Statutory requirements (e.g. CA Proposition 39) Senate Bill No requiring GAGAS compliance Changing curriculum requirements impacting facilities Fluctuating material and labor costs, and exceedingly competitive contractor bids MOSS ADAMS LLP 5

6 Current Situation with Education Facilities Narrowly defined Bond Compliance requirements Shortage of available funds (restricted state funding) Severe consequences for the perception of failure MOSS ADAMS LLP 6

7 Risk MOSS ADAMS LLP 7

8 Why Construction Programs are So Risky Significant expenditures High profile projects/programs receive extra scrutiny Misunderstanding of compliance requirements Construction is not your core competency High reliance on outside architects, engineers and contractors Problems can lead to huge losses, significant litigation issues Construction delays could affect readiness for classes MOSS ADAMS LLP 8

9 Why Construction Programs are So Risky MOSS ADAMS LLP 9

10 Program Exposures MOSS ADAMS LLP 10

11 Common Construction Program Exposures: Financial and Audit Compliance Bond monies allocated and used for general fund purposes Bond fund expenditures used for projects not listed in the Bond Audit firm not qualified or work does not comply with GAGAS MOSS ADAMS LLP 11

12 Common Construction Program Exposures: Operations Effectiveness and Efficiency Excessive requirements and scope creep Excessive change order costs Project delays and disruptions Cost escalation, overcharges and costly practices Construction quality issues MOSS ADAMS LLP 12

13 What is a Performance Audit? MOSS ADAMS LLP 13

14 What is a Performance Audit? State of California Definition: to ensure that the funds are expended only on specified projects listed in the proposition authorizing the sale of bonds. (California Constitution, Proposition 39) conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial and performance audits. (Senate Bill 1473, approved September 23, 2010) MOSS ADAMS LLP 14

15 What is a Performance Audit? Generally Accepted Government Auditing Standards (GAGAS) Definition: engagements that provide assurance or conclusions based on an evaluation of sufficient, appropriate evidence against stated criteria, such as specified requirements, measures, or defined business practices. An objective analysis that enables management and those charged with governance and oversight to use the information to improve program performance and operations, reduce costs, facilitate decision making by parties with responsibility to oversee or initiate corrective action, contribute to public accountability. (GAGAS, paragraph 1.25) MOSS ADAMS LLP 15

16 What is a Performance Audit? Types of GAGAS Performance Audits: Compliance Audit against compliance criteria established by laws, regulations, contract provisions and other requirements. Economy and Efficiency Focuses on resource consumption and how organizations acquire, protect and use resources. Effectiveness and Results Measures the extent to which a program is achieving its goals. Internal Control Assess internal controls to determine if they provide reasonable assurance of achievement of specified goals. Prospective Analysis Provides analysis or conclusions about information that is based on assumptions about future events along with possible actions. MOSS ADAMS LLP 16

17 What is a Performance Audit? GAGAS Performance Audit Types Proposition 39 Examples: Compliance Verifies the bond funds were used on projects listed with the bond issuance. (Most common performance audit.) Economy and Efficiency i Analysis of whether projects were properly bid, change orders did not duplicate project work scope or correct contractor errors, etc. (Often seen on larger programs.) Internal Control Assessment of internal controls design and operational performance to achieve bond program goals. (Often seen on larger programs.) Effectiveness and Results Assessment of whether bond program educational and building life objectives were achieved. (Uncommon) Prospective Analysis Analysis of future economic impact on forecasted bond program costs. (Uncommon) MOSS ADAMS LLP 17

18 Proposition 39 Compliance Performance Audits MOSS ADAMS LLP 18

19 Focus Compliant use of funds MOSS ADAMS LLP 19

20 Example Compliance Audit Scope Audit Planning Review background information and conduct a high level risk assessment to plan the audit. Confirm Bond Program Internal Controls Review authorization and oversight over bond listed projects/master plan reconciliation, contracts execution, payments made, accounting for bond funds use and close-out activities. Obtain District Annual Expenditures Reconcile expenditures to district i t bond fund books and records, and obtain management representation letter. Validate Expenditure Approvals Test bond program purchase orders and contracts for approval per district policy and validate inclusion in the district master plan. Sample and Test Expenditures Sample and test expenditures for compliant use on projects listed with the bond. MOSS ADAMS LLP 20

21 GAGAS Auditor Requirements Auditor Qualifications Competence, integrity, objectivity and independence. Performance audit experience Knowledge of GAGAS, the community college environment and construction programs Written and verbal communication skills Sampling, information technology, engineering and construction audit skills that may be required CPE requirements 80 hours CPE, 24 hours government audit required every two years Firm quality control system Peer review once every three years Not perform management functions or audit their own work Fieldwork Standards Compliance Planning, supervision, evidence, documentation and reporting. MOSS ADAMS LLP 21

22 Noncompliance Examples Here are some examples of what not to do with bond funds: Pay for administration salaries Lease school buses Perform routine maintenance work Transfer bond monies for use in the general fund MOSS ADAMS LLP 22

23 Proposition 39 Economy, Efficiency and Internal Control Performance Audits MOSS ADAMS LLP 23

24 Covers All Phases of the Construction Program Planning Programming Design Construction Completion & Close-out Project scope Staffing model Project objectives Project progress Final cost and definition and plans and quality contract compliance sessions Communications process and progress meetings Procurement practices Project control structure Contractual controls Project scheduling Project management processes, reporting and change order controls Design and planning performance Cost measurement and payment controls Contractor cost records, financial/budgetary reporting and control processes Safety program and insurance best practices Learning for improvement on future projects MOSS ADAMS LLP 24

25 Provides: More complete and balanced performance audit reporting to address stakeholder perceptions Efficiencies to better achieve program goals Adaptation of good practices from other programs MOSS ADAMS LLP 25

26 Focus Areas Change order and close out controls to prevent litigation MOSS ADAMS LLP 26

27 Focus Areas (cont.) Stakeholder communication and equitable use of funds MOSS ADAMS LLP 27

28 Focus Areas (cont.) Staffing needed to deliver projects on time and within budget MOSS ADAMS LLP 28

29 Focus Areas (cont.) Consistent application i of construction program policies and procedures MOSS ADAMS LLP 29

30 Focus Areas (cont.) Construction productivity and efficiency management MOSS ADAMS LLP 30

31 Focus Areas (cont.) Completeness and integrity of construction ti program reporting MOSS ADAMS LLP 31

32 Focus Areas (cont.) Project management information systems use and data integrity MOSS ADAMS LLP 32

33 Focus Areas (cont.) Construction contract controls MOSS ADAMS LLP 33

34 Focus Areas (cont.) Contractor billing compliance controls MOSS ADAMS LLP 34

35 Focus Areas (cont.) Contractor solvency monitoring MOSS ADAMS LLP 35

36 Example Benefits ACTION RESULT Provided staffing benchmarks to make needed resources available $16 million savings MOSS ADAMS LLP 36

37 Example Benefits (cont.) ACTION RESULT Identified excessive change order charges $4.5 million savings MOSS ADAMS LLP 37

38 Example Benefits (cont.) ACTION RESULT Identified duplicated change order work scope $4 million savings MOSS ADAMS LLP 38

39 Other Benefits of a Performance Audit Provides best practice construction program master planning controls Implements best practice policies and procedures for successful programs Better stakeholder understanding of program good practices and exposure areas MOSS ADAMS LLP 39

40 Q&A MOSS ADAMS LLP 40

41 Moss Adams Contacts Curtis Matthews (503) Shirley Komoto (562) MOSS ADAMS LLP 41

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