PERFORMANCE EVALUATIONS OF CONSULTANTS WORKING ON MTA CAPITAL PROJECTS. Barry L. Kluger MTA Inspector General State of New York INTRODUCTION

Similar documents
STATE OF NEW YORK. Office of the Inspector General Metropolitan Transportation Authority

Department of Purchasing and Supply Management Contract Management Audit Final Report. August promoting efficient & effective local government

June 20, Mr. E. Virgil Conway Chairman Metropolitan Transportation Authority 347 Madison Avenue New York, NY 10017

Metropolitan Transportation Authority Metro-North Railroad

MTA 2015 Adopted Budget

Capital One Bank Accounts. Metropolitan Transportation Authority

NASA s Award Closeout Process

VA Office of Inspector General

STATE OF NEW YORK Office of the Inspector General Metropolitan Transportation Authority 2008 ANNUAL REPORT Barry L. Kluger Inspector General

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF INSPECTOR GENERAL

Safety Committee Meeting

Audit of Veterans Health Administration Blood Bank Modernization Project

September 2014 Report No

Seattle Public Schools The Office of Internal Audit

OFFICE OF INSPECTOR GENERAL. Audit Report

ACQUISITION AND PROCUREMENT: NEW JERSEY HIGH-SPEED RAIL IMPROVEMENT PROGRAM HAS COST AND SCHEDULE RISKS

SEP '1. Andrew Velasquez III Regional Administrator, Region V Federal EmergenCY~,M nagement Agency

The MTA Business Service Center FAQs

SHORT FORM CONTRACTOR RESPONSIBILITY DATA

Audit of Management of the Government Purchase Card Program, Number A-13-04

U.S. Department of Energy Office of Inspector General Office of Audits and Inspections

Audit of NRC s Network Security Operations Center

STATE OF NEW YORK Office of the Inspector General Metropolitan Transportation Authority 2011 ANNUAL REPORT Barry L. Kluger Inspector General

Internal Control Review of the Government Purchase Card Program

Small Business Contracting at Marine Corps Systems Command Needs Improvement

GOVERNANCE: Improved Policies, Practices, and Training Can Enhance Capital Project Management DRAFT. Audit Report OIG-A July 15, 2014

Office of Inspector General Pension Benefit Guaranty Corporation

LIMITED-SCOPE PERFORMANCE AUDIT REPORT

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Opportunities to Strengthen Internal Controls Over Improper Payments PUBLIC RELEASE

West Texas A&M University: Review of Physical Plant Operations PROJECT SUMMARY. Summary of Significant Results

Workers Compensation Commission

Seattle Public Schools The Office of Internal Audit

AUDIT REPORT REPORT NUMBER Information Technology Professional Services Oracle Software March 25, 2014

OFFICE OF INSPECTOR GENERAL

Small Business Contracting at Regional Contracting Office-National Capital Region Needs Improvement

MTA ALL AGENCY INVESTMENT GUIDELINES Operating and Capital Program Funds

U.S. Department of Energy Office of Inspector General Office of Audits and Inspections. Inspection Report

Memorandum. ACTION: Report on Computer Security Controls of Financial Management System, FTA FE May 23, 2000.

December 2013 Report No

City of Berkeley. Prepared by:

VA Office of Inspector General

AUDIT OF THE MILLENNIUM CHALLENGE CORPORATION S CONTRACT MANAGEMENT PROCESS

WILLIAM J. DOWLING VICE PRESIDENT, ENGINEERING

January 24, 2001 Audit Report No Implementation of Release I of the Corporate Human Resources Information System

PUBLIC RELEASE PATENT AND TRADEMARK OFFICE. Inadequate Contractor Transition Risks Increased System Cost and Delays

EPA Needs to Improve Security Planning and Remediation of Identified Weaknesses in Systems Used to Protect Human Health and the Environment

MODIFICATION NO. 3 TO CONTRACT NO. PS WITH TRANSPORTATION RESOURCE ASSOCIATES

CHIEF POSTAL INSPECTOR. Management Alert Watch Desk Notifications (Report Number HR-MA )

CMS DID NOT ALWAYS MANAGE AND OVERSEE CONTRACTOR PERFORMANCE

Government Contractor Accounting Issues and Contract Holders - A Review

CHAPTER PLUMBERS

ADVISORY MEMORANDUM REPORT ON DEVELOPMENT OF THE LOAN MONITORING SYSTEM ADVISORY REPORT NUMBER A1-03 FEBRUARY 23, 2001

BILL ANALYSIS. Senate Research Center S.B. 20 By: Nelson Finance 3/9/2015 As Filed

VA Office of Inspector General

REPORT OF THE ACTING MUNICIPAL MANAGER 1. INTRODUCTION / BACKGROUND TO REPORT

RESULTS OF AUDIT ON MTA LITIGATION COST MANAGEMENT PRACTICES AND OTHER OIG ACTIVITIES

Napa County, California, Needs Additional Technical Assistance and Monitoring to Ensure Compliance with Federal Regulations

March 28, 2001 Audit Report No Controls Over the FDIC s Laptop Computer Inventory

THE NEW YORK CITY TRANSIT DEPARTMENT OF SUBWAY S EMERGENCY RESPONSE OFFICER PROGRAM: MAKING IT STRONG IN TRANSITION AND BEYOND OVERVIEW

Construction Management Standards of Practice

Audit Report OFFICE OF INSPECTOR GENERAL. Farm Credit Administration s Purchase Card Program A Auditor-in-Charge Sonya Cerne.

Enterprise Asset Management

Information Security Series: Security Practices. Integrated Contract Management System

MEMORANDUM. Comments on the Updating of the LSC Risk Management Program

2IÀFHRI,QVSHFWRU*HQHUDO

Federal Bureau of Investigation s Integrity and Compliance Program

Audit Report: Most Contracts Executed Timely but Contract Project Managers Could Use Better Tools and Guidance

WISCONSIN ACCOUNTING MANUAL Department of Administration State Controller s Office

Weaknesses in the Smithsonian Tropical Research Institute s Financial Management Require Prompt Attention

FEDERAL TRADE COMMISSION

GAO AIR FORCE WORKING CAPITAL FUND. Budgeting and Management of Carryover Work and Funding Could Be Improved

AUDIT OF GSA FLEET S LOSS PREVENTION PROGRAM FEDERAL ACQUISITION SERVICE REPORT NUMBER A060116/F/5/V07002 FEBRUARY 8, 2007

MEMORANDUM FOR THE HEADS OF DEPARTMENTS AND AGENCIES

Department of Veterans Affairs

U.S. Securities and Exchange Commission

Audit of Controls Over Contract Payments FINAL AUDIT REPORT

AUDIT OF NASA S PURCHASE AND TRAVEL CARD PROGRAMS

UNITED STATES GOVERNMENT. Summary of the Status of the Library s Fixed Asset Control System

Office of the Inspector General United States Office of Personnel Management. Statement of Michael R. Esser Assistant Inspector General for Audits

Maryland Transportation Authority

FOLLOW-UP AUDIT OF THE FEDERAL BUREAU OF PRISONS EFFORTS TO MANAGE INMATE HEALTH CARE

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF INSPECTOR GENERAL

State and District Monitoring of School Improvement Grant Contractors in California FINAL AUDIT REPORT

DOT.Comm Oversight Committee Policy

AUDIT REPORT. Materials System Inventory Management Practices at Washington River Protection Solutions

2015 List of Major Management Challenges for the CFPB

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY: MONITORING PATIENT SAFETY GRANTS

Columbus City Schools Office of Internal Audit

Freedom of Information PM&C Business Rules

EPA Could Improve Processes for Managing Contractor Systems and Reporting Incidents

OFFICE OF THE INSPECTOR GENERAL SOCIAL SECURITY ADMINISTRATION

Office of Inspector General

LEGAL SERVICES CORPORATION OFFICE OF INSPECTOR GENERAL FINAL REPORT ON SELECTED INTERNAL CONTROLS RHODE ISLAND LEGAL SERVICES, INC.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

Implementation of the DoD Management Control Program for Navy Acquisition Category II and III Programs (D )

CONTRACT MANAGEMENT PROCESSES ACROSS THE COUNCIL PROGRAM EVALUATION AND AUDIT

REPORT ON INDEPENDENT EVALUATION AND ASSESSMENT OF INTERNAL CONTROL FOR CONTRACT OVERSIGHT

CITY UNIVERSITY OF NEW YORK EMPLOYEE ACCESS TO THE STUDENT INFORMATION MANAGEMENT SYSTEM AT SELECTED CAMPUSES. Report 2007-S-23

REAL PROPERTY MANAGEMENT: Applying Best Practices Can Improve Real Property Inventory Management Information

Audit of the Administrative and Loan Accounting Center, Austin, Texas

Transcription:

PERFORMANCE EVALUATIONS OF CONSULTANTS WORKING ON MTA CAPITAL PROJECTS Barry L. Kluger MTA Inspector General State of New York INTRODUCTION In 1998, as the culmination of work by an all-agency committee led by the MTA Office of Construction Oversight (OCO), the MTA adopted guidelines for an All-Agency Contractor Evaluation (ACE) system (the ACE Guidelines) to uniformly obtain and record reliable information on the performance of consultants and contractors working on MTA capital projects. These Guidelines require that capital project managers at each agency issue interim evaluations every six months after contract award and a final evaluation at the conclusion of the work for all contracts valued at $250,000 or more. These performance evaluations are later used by MTA agencies, together with other information, during pre-award background checks on prospective consultants and contractors to establish their responsibility. The purpose of the responsibility determination is to obtain reasonable assurances that the consultants and contractors have the integrity, ability, and capacity to fulfill the contracts quality, safety, and scheduling requirements. To ensure that all contracts and evaluations are entered into the ACE system, each agency appoints an ACE Administrator charged with monitoring compliance with the ACE Guidelines. As for the MTA as a whole, OCO is responsible for the oversight of the agencies use of the ACE system. While managers have routinely evaluated all contractors, in order for this process to function effectively the MTA must also evaluate the performance of all consultants for each contract for which they are retained. Consultants create the designs for many of the MTA s capital construction projects. These designs are the foundations of such projects because they reflect the drawings and specifications necessary for advertisement, bidding, awarding, and performance of the contracts. Consultants also perform construction management services, such as site management, cost estimating, and scheduling. When evaluating consultants, the Guidelines require evaluators to assess and rate two separate performance indicators quality and management. As part of the ongoing efforts by the Office of the MTA Inspector General (OIG) to assess and strengthen the effectiveness of the ACE process, we performed a compliance audit at four MTA agencies and found, as documented in the next section, that three of the agencies failed to MTA Office of the Inspector General 1

evaluate the performance of a number of the consultants they hired to work on the capital program. This failure represents a missed opportunity to enhance the quality of consultants retained throughout the MTA. In response to our report, the MTA agencies agreed to consistently evaluate consultants for the capital program, and OCO confirmed it will track compliance to be sure the evaluations are regularly performed. FINDINGS As noted, our audit reviewed consultant contracts at four MTA agencies MTA Bridges and Tunnels (B&T), the Long Island Rail Road (LIRR), Metro-North Railroad (MNR), and New York City Transit (NYC Transit) for the three year period beginning July 1, 2010 through June 30, 2013, for all or part of which these contracts were active. OIG found that during this time period, except for B&T, which had evaluated all of its consultants according to ACE Guidelines, the agencies had failed to evaluate the performance of some of the consultants working on capital contracts. As shown in Figure 1 below, the LIRR did not evaluate 8 percent of its consultants; Metro-North did not evaluate 21 percent; and NYC Transit did not evaluate the performance of 29 percent. Figure 1: Percent of Consultant Contracts Not Evaluated in ACE (July 2010 June 2013) Agency Consultant Contracts Not Evaluated in ACE Percent Not Evaluated NYC Transit 65 19 29% MNR 24 5 21% LIRR 38 3 8% B&T 80 0 0% MTA Office of the Inspector General 2

NYC Transit At NYC Transit, OIG found that 19 of 65 consultant contracts (29 percent) were not evaluated. Of these 19, OIG found that two of the contracts had been managed by MTA Bus but were later transferred to the NYC Transit Capital Program Management Department (CPM). The CPM officials now responsible for the management of these contracts, could not explain the lapse, but committed to evaluating these contracts going forward. However, it was CPM that overlooked the remaining 17 contracts. Ten of these contracts overlooked by CPM managers are known within NYC Transit as job shopper contracts. Companies under contract with NYC Transit provide the agency with temporary staff to work on NYC Transit capital projects. When we first told CPM management that department staff had not evaluated the consultants supplying CPM with temporary personnel, these officials told us that the ACE evaluation criteria are not usually relevant to such contracts. We then contacted a senior manager in the MTA s Office of Construction Oversight, which oversees the ACE program for MTA Headquarters. He insisted that the ACE Guidelines do not exempt job shopper contracts from ACE evaluation requirements and that the ACE evaluation criteria were sufficient for these contracts. Subsequently, the OCO official met with NYC Transit construction management and procurement officials, who then agreed to evaluate job shopper contracts in ACE. The remaining seven consultant contracts that CPM failed to evaluate were for as-needed design services, also known as indefinite quantity (IQ) contracts. 1 CPM explained that prior to 2011, when the contracts were awarded, department managers had believed that they were not required to evaluate IQ contracts in the ACE system. The department informed OIG that it had subsequently corrected this misconception and updated the appropriate procedures. They also noted that while these seven contracts had been active during the three year time period we reviewed, all of the contracts had expired by the end of 2012. CPM officials further noted that all current IQ contracts for as-needed consultant services have been regularly evaluated, and they committed to continue to do so in the future. Ensuring that all consultant contracts are evaluated in ACE is important for minimizing the risk that the MTA will enter into a contract with a vendor who has performed poorly on past MTA contracts. During OIG s review of a 2008 rehabilitation project for an MTA Bus depot, not included in the 19 overlooked contracts discussed above because it preceded our three-year cutoff period, we learned that the MTA Bus Assistant Chief Facilities Officer had concluded that a design consultant used by that agency for a facility repair had produced a faulty design. That fault necessitated additional design work at additional cost to MTA Bus, and unnecessarily delayed the project. The faulty design also required that $1.6 million in additional construction 1 IQ contracts are bid and awarded with a not-to-exceed dollar value and with no requirement that any particular amount of that limit be used. Rather, when a particular project within the scope of an IQ contract is identified, NYC Transit awards the project as a task order, which is essentially an authorization to the vendor to proceed under the contract. Each task order has a specific dollar value and scope of work. MTA Office of the Inspector General 3

work be added to the contract as the project was already underway. OIG learned that the design consultant used by MTA Bus was under contract with NYC Transit, which had the obligation to evaluate the consultant in ACE, and that although the MTA Bus official had complained to NYC Transit, the latter had not evaluated the design consultant. While this design consultant has not contracted with any MTA agency since 2008, this case illustrates why agencies would benefit from an ACE evaluation reflecting the past performance of a potential consultant in the event that consultant bids on future work Weakness in Automated Interface Related to ensuring that MTA agencies evaluate all consultant contracts in ACE, OIG found during its audit that the computer interface designed to automatically download new NYC Transit contracts and their associated information into the ACE system was not operating properly. Specifically, OIG found that the interface was not capturing all contracts that needed to be evaluated. When we spoke with NYC Transit officials, they were not sure how to repair the interface. Indeed, these officials apparently learned about the problem because of the OIG review. Thereafter, we informed the OCO official responsible for the oversight of ACE about the issue. He, in turn, worked with NYC Transit and the MTA s information technology personnel to repair the interface. LIRR We found that of the LIRR s 38 consultant contracts, three contracts (8 percent) were not evaluated in ACE. The LIRR s ACE Administrator told OIG that the LIRR relies on the agency s procurement department and construction management personnel to inform him of all new capital contracts that should be evaluated. He asserted, however, that those officials had failed to notify him after awarding these three contracts. He also told us that the three contracts would now be evaluated and that he planned to implement two new back-up processes within the LIRR to ensure that he is informed of all new contracts. Metro-North Railroad During our audit, we found that of Metro-North s 24 consultant contracts, five (21 percent) were not evaluated in ACE. The agency s ACE Administrator told OIG that Metro-North relies on an interface between the agency s procurement system and ACE (similar to the system at NYC Transit). The administrator explained that 3 of the 5 contracts were missed because there was a temporary glitch in the interface in late 2011. He further explained that while this glitch was later corrected, the three consultant contracts were inadvertently left out of ACE. As to the fourth contract, the administrator noted that it was missed in February 2013 because, for reasons unknown, the value of the contract in the agency procurement system was erroneously entered as $0 meaning that the contract was automatically filtered out of ACE MTA Office of the Inspector General 4

because the minimum threshold for an ACE evaluation is $250,000. Even when the contract value was correctly recorded in the procurement system at about $370,000, there was no mechanism or alert system to belatedly capture the contract for evaluation in ACE. Finally, the ACE Administrator reported that because the contract was no longer active, the work was completed, and the project manager for the contract had retired, the Administrator had no explanation for why the fifth and last consultant contract in the group was not found in ACE. He also told us that Metro-North capital project managers would now evaluate the consultants performance for the four remaining contracts. Moreover, in January 2014, the Metro-North procurement department started keeping a log of all newly awarded contracts. The Administrator assured OIG that he will periodically check this log going forward to ensure that he does not miss any new contracts for inclusion in ACE. RECOMMENDATIONS The OIG appreciates the responsive and proactive leadership role that the MTA Office of Construction Oversight provided in furthering and coordinating the agencies efforts to clarify the ACE requirements. We also appreciate OCO s help in developing methods for solving operational problems, including fixing computer-related glitches, especially in regard to NYC Transit. It must be emphasized, however, that it is the obligation of the individual agencies, not OCO, to obtain and record reliable information on the performance of consultants and contractors working on MTA capital projects. In that regard, we recommend that each agency promptly and going forward: 1. Evaluate in ACE all consultant contracts that are currently active; and 2. Establish procedures to ensure that all new consultant contracts are evaluated in ACE. Having recognized the value of its recent input, we encourage OCO to continue to provide needed guidance regarding ACE, and recommend that it monitor the efforts of NYC Transit, Metro-North Railroad, and the Long Island Rail Road accordingly. MTA/Agency Response: In its response, OCO confirmed that it would issue guidance MTA-wide to reflect OIG s recommendations, and that this guidance would be incorporated by NYC Transit, LIRR, and Metro-North into their respective procedures. OCO also confirmed that it will track each agency s compliance with ACE requirements pertaining to consultant evaluations. Further, these agencies individually confirmed their acceptance of our recommendations. Additionally, in its response to our report, NYC Transit identified another potential obstacle to the evaluation of consultant contracts. It noted that agency personnel had been unclear about when to evaluate contracts having a not-to-exceed value of at least the $250,000 threshold for evaluation in the ACE system. That is, whether to evaluate when the first payment obligation MTA Office of the Inspector General 5

under the contract is actually incurred, or only after such obligations actually exceed the ACE threshold. NYC Transit confirmed that it had updated its procedures as follows, IQ consultant contracts are now being entered and evaluated in the ACE system even if their current dollar value has not reached the $250K threshold for inclusion. This will ensure evaluations are conducted as required. MTA Office of the Inspector General 6