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Findings and Recommendations 27 findings
F01
The Ventura County Board of Supervisors (the “Board”) has statutory authority to bind the county to contracts. The Board is required to make policy decisions on all acquisitions within the county. Delegation of Purchasing Authority
No recommendations for this finding
F02
The Board has statutory authority to delegate the ministerial function of carrying out acquisition policies. Government Code section 25502.5 allows a purchasing agent to bind the county for service contracts that do not exceed $100,000. Ventura County Ordinance No. 4084 states that, except as otherwise provided by law, only a designated purchasing agent has the power to bind the county to contracts.
No recommendations for this finding
F03
Service contracts over $100,000 require Board approval of the terms of the contract and the obligation of funds.
No recommendations for this finding
F04
A CEO’s analyst assigned to contract review advises in the evaluation and approval of contracts over $100,000. There is a shared responsibility among Procurement, County Counsel, and the contracting agency to ensure the contract is complete and that funds are appropriately identified.
No recommendations for this finding
F05
Once in place, the receiving agency administers contract performance with advice and assistance from Procurement as requested. Organization
No recommendations for this finding
F06
GSA Administrative Services Department maintains a staff for the procurement of goods and services. The county spent approximately $578,400 in the fiscal year 2002-2003 for contract administration.
No recommendations for this finding
F07
Procurement contracts countywide for office supplies and copier services, and Procurement shares responsibility for contracts for other commodities with county agencies and departments.
No recommendations for this finding
F08
GSA oversees more that $60 million in contracted goods and services each year. Over the past five years, service contracts have averaged 24 percent of that amount. Commodities or “Goods”
No recommendations for this finding
F09
The term “goods” refers to commodities, or products and materials.
No recommendations for this finding
F10
Goods are typically obtained by purchase order through Procurement.
No recommendations for this finding
F11
Procurement publishes a “Vendor Guide for Procurement Services,” which describes the contracting policies, location, hours of operation, ethical considerations, requirements for contractors, as well as the procedures for quotations and bids.
No recommendations for this finding
F12
Procurement maintains a website for purchase and bidding information and is in the process of installing an on-line vendor registration to assist contractors. Services
No recommendations for this finding
F13
“Services” are defined as labor, time, or effort by a contractor not involving the delivery of a specific product; however, delivery of reports is considered incidental to the required service performance.
No recommendations for this finding
F14
Services include professional services but exclude employment agreements or collective bargaining agreements.
No recommendations for this finding
F15
Ventura County contracts for security, janitorial, landscaping, pest control, engineering, medical and many other types of services.
No recommendations for this finding
F16
Service contracting decisions are made based on a variety of factors. These factors may include: • Requirements for special skills or expertise not available in the organization • Shortage of staff or hiring authority for a particular task • Frequency of need for the service, where hiring to satisfy a short-term or one-time need would be wasteful • Immediate need for service that might leave no time for hiring and training staff to meet the need • Cost and budget impacts of contracting decisions
No recommendations for this finding
F17
Purchasing agents in Procurement have general oversight responsibility for contracts let by county agencies other than GSA.
No recommendations for this finding
F18
Contract review and approval through Procurement will determine whether the contract satisfies statute, regulation, and policy. Non-Competitive Procurements
No recommendations for this finding
F19
Non-competitive (sole source) procurements are allowed under certain specific conditions: • When an item is available via another public entity’s contract • When formal competition has failed • When the procurement is made from another unit of government • Where procurement of a used item is advantageous • Where compatibility is the overriding consideration • For public utilities
No recommendations for this finding
F20
Presently, Ventura County maintains 17 sole source contracts awarded through GSA with a total value of over $3.72 million (see Attachment I).
No recommendations for this finding
F21
Sole source acquisitions for information systems support and development account for approximately 74 percent of sole source contract costs. Specialized requirements for emergency and response communication systems account for 22 percent. Family counseling services and hazardous waste services represent two percent and one percent of the sole source contract costs, respectively.
No recommendations for this finding
F22
Of the 17 sole source contracts, seven are services supporting Information Systems Department projects for a total cost of $2,265,200. Another three sole source contracts allocate $330,890 to integrate the Sheriff’s Department and District Attorney’s office with the county’s criminal justice system.
No recommendations for this finding
F23
The primary reasons for sole source contracts in the county are failure of formal competition due to unique skill requirements and compatibility with existing systems or practices.
No recommendations for this finding
F24
The sole source contracts for information systems, which require unique skills and compatibility with existing systems, are the direct result of technical and management decisions made in years past. Administration and Communication
Related Recommendations (1)
R01
The county review the information systems policies and practices to determine best overall design, development and maintenance strategy with the purpose of reducing long-term costs. Response Recommendation R-01 Response Required From: Ventura County Board of Supervisors X Commendation The laws, regulations, and practices governing contracting can be complex, and their administration requires significant knowledge and coordination. While researching this topic, the Jury was impressed with the professionalism and knowledge displayed by GSA Administrative Services’ management and staff. GSA demonstrates excellent accounting and records management combined with the ability to recognize and address cost and performance trends and react appropriately to ensure the county receives the required services at the optimal cost. Attachment I. Sole Source Contracts Summary FY 2003-2004
F25
Considerable communication and coordination are required in order to function as an effective intermediary between government agencies and private contractors.
No recommendations for this finding
F26
Procurement provides information and advice to vendors and potential vendors of goods and services. Documentation communicating the responsibilities and limitations on the authority of the county is provided to vendors.
No recommendations for this finding
F27
Procurement and GSA maintain extensive record-keeping and management oversight to administer the county’s contracts. Conclusions C-01. The county has adequate contracting procedures and controls in place, and by all indications, understands and follows these procedures. (F-01, F-02, F-03) C-02. Appropriate communication and consistent application of the regulations appear to assure good relations and the delivery of expected services. (F-06,
No recommendations for this finding
Conclusions 2
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CL1 Page 4C-01. The county has adequate contracting procedures and controls in place, and by all indications, understands and follows these procedures. (F-01, F-02, F-03) C-02. Appropriate communication and consistent application of the regulations appear to assure good relations and the delivery of expected services. (F-06, F-07, F-08) C-03. Acquisition of services requires a more complex decision process than most “goods” acquisitions. (F-13, F-14, F-15) C-04. Documentation provided to vendors through both printed brochures and the Internet appears clear and accurate. (F-26) C-05. County decisions to use contract services appear to be based on sound business decisions. There are sufficient controls and processes in place to determine that services are generally contracted according to the letter and the spirit of published acquisition policies and procedures. (F-16, F-27) C-06. Procurement provides oversight and advisory assistance to those agencies administering their own contracts. (F-17) C-07. Highly technical service contracts present the greatest challenges with regard to identifying and controlling reasonable activities and expenditures. (F-18) C-08. Countywide policy decisions on information systems have a long-term impact on county contracting decisions. Technical decisions made in the past can
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CL2 Page 5obligate the county to high-cost sole source contracts for years. (F-21, F-22, F-23, F-24) C-09. The county’s 17 sole source contracts were awarded only when county resources could not be used. (F-19, F-20, F-23, F-24)
Commendations 2
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CM1 Page 5The laws, regulations, and practices governing contracting can be complex, and their administration requires significant knowledge and coordination. While researching this topic, the Jury was impressed with the professionalism and knowledge displayed by GSA Administrative Services’ management and staff. GSA demonstrates excellent accounting and records management combined with the ability to recognize and address cost and performance trends and react appropriately to ensure the county receives the required services at the optimal cost.
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CM2 Page 6Attachment I. Sole Source Contracts Summary FY 2003-2004
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Ventura County Board of Supervisors
Elected County Office