County of Allegheny Office of the Controller 1 '1 PERFORMANCE AUDIT REPORT -- THE IMPACT OF THE .. METHOD 0E PROCUREMENT 301x: ALLEGHENY COUNTY AND THE ZATION oE LOCAL BUSINESSES 1 1 THE PERIOD JANUARY 21,2 2'02 - HTJUNE 30 2018 3-- 104 County Courthouse 436 Grant Street Chelsa Wagner Pittsburgh, PA 15219 Controller Phone: (412) 350-4660 Fax; (412) 350-4770 E-mail: Controller@alleghenycounty.us Contents Letter 1 I. Introduction 3 II. Scope, Objectives, and Methodology 5 Findings and Recommendations Finding The Majority of County Procurements Conducted During the Audit Period That Exceeded $30,000 Were Accomplished Via Piggyback Contracting 7 Finding The Allegheny County Administrative Code and Purchasing Manual Do Not Adequately Restrict the Use of Piggyback Contracting 0 Finding The Procedures Being Utilized by the County Do Not Mitigate the Risks Associated With Piggyback Contracting 12 Finding Some Sole Source Contracting Does Not Appear to Have Been Justi?ed 8 IV. Conclusion 21 V. Exhibits Exhibit 1 Local Government Procurement Comparison Chart 22 Exhibit 2 Piggyback Justi?cation Form 23 Exhibit 3 Total Spend Under Piggyback Contracts During Our Audit Period 24 VI. Response from the Director of the Department of Administrative Services 29 VII. Controller?s Office Comments Applicable to Management?s Response 34 COUNTY OF ALLEGHENY OFFICE OF THE CONTROLLER 104 COURTHOUSE 436 GRANT STREET PITTSBURGH, PA 152i9-2498 PHONE (412) 350-4660 - FAX (412) 3503006 CHELSA WAGNER CONTROLLER April 18, 2019 Mr. Jerry Tyskiewicz, Director Department of Administrative Services 436 Grant Street, Room 202 Courthouse Pittsburgh, PA 15219 PERFORMANCE AUDIT REPORT ON THE IMPACT OF THE PIGGYBACKING METHOD OF PROCUREMENT ON ALLEGHENY COUNTY AND THE UTILIZATION OF LOCAL BUSINESSES FOR THE PERIOD JANUARY 1, 2017 THROUGH JUNE 30, 2018 Dear Mr. Tyskiewicz: We have conducted a performance audit to evaluate the operation and impact of the piggybacking method of procurement on Allegheny County and the utilization of local businesses. Our procedures were applied to the period from January 1, 2017 through June 30, 2018. Our engagement was performed in accordance with Government Auditing Standards. As we conducted our audit, we gained an understanding of the overall approach that Allegheny County takes in the procurement of goods and services, and the process and internal controls applicable to its use of piggyback contracting. During that process, and as we applied audit procedures to test the internal controls in place over piggyback contracting, we identi?ed conditions that indicate that Allegheny County is not just excessively utilizing piggyback contracting as a procurement method, it is engaging in piggyback contracting without appropriate internal controls in place to help ensure that the lowest possible cost is obtained and procurement fraud is prevented. We have offered recommendations to assist in remediating these conditions which should improve the manner in which Allegheny County procures goods and services. The results of our procedures are included in the attached report. Mr. Jerry Tyskiewicz March 22, 2019 We would like to thank the management and staff of the Department of Administrative Services? Division of Purchasing and Supplies for their courtesy and cooperation during our engagement. Kind regardsa f; .s 5? 5 a Chelsa Wagner *3 Controller Lori A. Churilla Assistant Deputy Controller, Auditing cc: Honorable John DeFazio, President, County Council Honorable Rich Fitzgerald, Allegheny County Executive Mr. William McKain, County Manager, Allegheny County Ms. Jennifer Liptak, Chief of Staff, County Executive Mr. Kenneth J. Varhola, Chief of Staff, County Council Ms. Sarah Roka, Budget Manager, County Council Ms. Mary Soroka, Director, Of?ce of Budget and Finance Ms. Ruth Byrd?Smith, Director, MWDBE Department I. Introduction The Department of Administrative Services? Division of Purchasing and Supplies (?Purchasing?) is responsible for the solicitation and procurement of supplies, equipment, and services on behalf of all Allegheny County Departments, with the exception of Department of Public Works construction-related contracts and Department of Human Services provider contracts. Allegheny County is comprised of 28 Departments and had a 2018 operating budget of $905,750,000. At the time we initiated our audit, Purchasing employed just six Purchasing Agents, which included the Deputy Purchasing Of?cer who was also serving as the Acting Chief Purchasing Of?cer at the time. The responsibilities of the purchasing agents are: Purchasing Agent #1 - Information Technology Telecommunications, Furniture, Floor Coverings, Of?ce Products, Of?ce Equipment, Temporary Staf?ng (Non-Clinical), Insurance, Security Equipment, Systems Service, Parcel Delivery #2 Medical Equipment Supplies, Laboratory Equipment Supplies, Pharmaceutical Equipment and Supplies, Temporary Staf?ng (Clinical), Vehicles Heavy Equipment, Uniforms, Radio Communications Equipment #3 MRO Equipment Supplies, Moving Relocation, Road Materials, Maintenance Contracts, Laundry Service, Property Equipment Rental, Pest Control, Utilities, Construction Related #4 - Print Production, Promotional Products, Publications, Multi- Functional Equipment, Photographic Equipment Supplies, Commemorative Religious, Athletic Recreational, Traf?c Control, Cleaning Services, Janitorial Equipment and Supplies, Waste Removal Recyclable Materials, Sale of Surplus Metals, Equipment, and Materials #5 - Record Retention, Landscape and Agricultural, Food Concession Programs, Public Safety, Supplies, Fuel, Gas (Non?Fuel, Medical and Industrial), Water, Kitchen Equipment Supplies, Leases #6 - Purchasing Card Allegheny County Administrative Code section 905.01 indicates that where the purchase or rental of materials, supplies, furnishings, equipment, or other personal property and nonprofessional services is estimated to cost $30,000 or less, contracts may be awarded without advertising for bids. However, where the cost is estimated to be between $10,000 and $30,000, price quotations are required to be solicited from at least three vendors. If it is believed that the County will spend more than $30,000 for a group of similar items over the course of a year, or for one item on an individual purchase, Administrative Code section 903.02 generally requires that a formal procurement process be conducted. The Invitation for Bid (IFB) process is used to procure goods over $30,000 and the Request for Proposal (RFP) process is used to procure services over $30,000. Both of these bid processes involve public advertisement of the speci?cations. However, Code section 907.01 also speci?cally indicates that the County may participate in or purchase from purchase contracts entered into by a governmental or quasi- governmental entity. I. Introduction ?Piggybacking? a contract involves accepting the terms and pricing contained in an existing contract that has already been negotiated and executed by other parties for sought goods and/or services. Governments like Allegheny County engage in piggybacking with the intent of reducing the time and cost associated with the procurement process while taking advantage of favorable terms and pricing that have already been negotiated and obtained from suppliers by other governments. When piggybacking, a government is electing to forego the solicitation of bids or proposals, which is an attempt at identifying the best price available in the open market for the sought goods and/or services. Consequently, it is essential for a government to perform at least a limited analysis of the terms and pricing of the existing contract and the time and costs associated with identifying the best available price in the open market in order to assess whether piggybacking an existing contract may actually benefit the government. In addition, because piggybacking involves accepting the terms and pricing contained in an existing contract, the terms of the existing contract can usually not be modified to include MWDBE utilization goals. The only way the County could utilize MWDBES when piggybacking would be to piggyback on existing contracts where an MWDBE was the supplier. Since piggybacking an existing contract is typically much easier and faster than soliciting and evaluating bids and proposals, controls should be in place to help ensure that piggybacking is only utilized when and to the extent that it is in the government?s (taxpayers?) best interest to do so. Data provided by Purchasing indicates that during our audit period (January 1, 2017 through June 30, 2018) the County had 352 active piggyback contracts, and that goods and services were actually procured under 234 of those 352 active piggyback contracts during the period. The total expenditures under 145 of the 234 piggybacked contracts that had been utilized during our audit period exceeded $30,000. Purchasing advised us that during the same period, it had completed 126 public bid processes. II. Objectives, Scope, and Methodology Scope Our performance audit covered the period from January 1, 2017 through June 30, 2018. We conducted the audit in accordance with Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain suf?cient, appropriate evidence to provide a reasonable basis for our ?ndings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our ?ndings and conclusions based on our audit objectives. Objectives Our performance audit objectives were to: 1. Determine whether the Allegheny County Administrative Code and/or Purchasing Manual adequately restrict the use of the piggyback contracting to instances in which it best serves to bene?t Allegheny County (taxpayers). Determine whether the piggyback contracting has been used excessively for Allegheny County procurements, and if so, to identify the impacts. Determine whether internal controls over piggyback contracting have been designed and implemented to minimize procurement fraud risks. Methodology The methodology used to accomplish our audit objectives included, but was not limited to the following procedures: 0 Reviewed the Allegheny County Administrative Code requirements applicable to the procurement of goods and services and the County of Allegheny Purchasing Manual. Interviewed Department of Administrative Services? Division of Purchasing and Supplies (?Purchasing?) personnel to gain an understanding of the processes and controls in place over the procurement of goods and services for Allegheny County. Conducted research on and interviewed personnel of other local governments to gain an understanding of the size, spend, and procurement processes of the other local governments, including the extent to which piggyback contracting may be utilized. Reviewed samples of Allegheny County procurements where piggybacking was the method of procurement in order to determine whether the procurement ?les demonstrate that a cost analysis was properly conducted and/or reasonable rationale for the procurement method was documented. II. Objectives, Scope, and Methodology Determined the extent to which piggybacking resulted in the use of out-of?County suppliers during the audit period. 0 Applied procedures to determine Whether there were in fact no other suppliers available to provide the speci?c goods or services that the County sought to purchase for a sample of sole source procurements. We conducted our procedures from October through December of 2018. We provided a draft copy of our report to the Director of the Department of Administrative Services for comment. His response begins on page 29. The Controller?s Of?ce comments applicable to management?s response begin on page 34. Findings and Recommendations Criteria: Condition: Finding #1 The Majority of County Procurements Conducted During the Audit Period That Exceeded $30,000 Were Accomplished via Piggyback Contracting Governments typically use bid processes as the primary procurement method for large solicitations of goods and services, because bid processes are an attempt at identifying the best price available in the open market. While bid processes take time, they also provide for transparency and generally provide for fair competition among market participants. To facilitate the timely procurement of goods and services via bid processes, those charged with governance should allocate adequate personnel resources to the purchasing function, and user needs for goods and services should be communicated to those with purchasing authority as soon as possible. Because other procurement methods (such as piggyback contracting) may lack transparency and therefore be more susceptible to procurement fraud, provide less assurance of obtaining the lowest possible price, result in more frequent utilization of non?local vendors, or adversely impact the achievement of a government?s other purchasing goals (such as the utilization of minority and women owned disadvantaged business enterprises, or MWDBES), the use of other procurement methods for large solicitations is often restricted by those charged with governance or otherwise limited by internal controls instituted by those with purchasing authority. Although the Department of Administrative Services? Division of Purchasing and Supplies (?Purchasing?) had not tracked the number of piggyback contracts active during our audit period (January 1, 2017 through June 30, 2018), we were able to determine with Purchasing?s assistance that the County had 352 piggyback contracts that were active for at least part of our audit period, if not our entire audit period. This means that Purchasing would have requested Executive Action to approve the piggybacking of the contracts, piggybacking of the contracts had been approved, and the County would have been able to purchase goods and/or services under each of these 352 piggyback contracts at some point during our audit period. Data provided by Purchasing indicates that County personnel did in fact procure goods and services under 234 of these 352 active piggyback contracts during our audit period. The data also indicates that the County procured more than $30,000 in goods and services during our audit period under 145 of the 234 active piggyback contracts that had been utilized. During our same audit period, Purchasing completed 126 bid processes. Even if the County had purchased goods and services at the completion of every bid process during our audit period, piggyback contracting was still the primary method of procurement utilized for purchases in excess of $30,000 (145 of 271 contracts, or Findings and Recommendations Cause: Effect: The control environment that exists incentivizes Purchasing?s frequent use of piggyback contracting. First, those charged with governance have not restricted the use of piggyback contracting to accomplish large County procurements in any way. The Allegheny County Administrative Code does not identify speci?c types of goods or services for which piggybacking is permitted or prohibited, nor does it establish a maximum dollar amount for piggyback contracts. Second, the Chief Purchasing Of?cer has the ability to establish purchasing policy, and is able to limit the use of certain procurement methods even though their use may be permitted by the County?s Administrative Code. However, the Chief Purchasing Of?cer has not incorporated suf?cient controls to limit the use of piggyback contracting into the County?s Purchasing Manual. The Purchasing Manual also does not require County Departments in need of goods or services to communicate their needs to Purchasing as soon as possible. Doing so should enable Purchasing to utilize bid processes more frequently, thereby reducing the extent to which the use of piggyback contracting may be necessary. Third, it appears that adequate personnel resources may not have been applied to the purchasing function. At the time we initiated our audit, Purchasing only employed six purchasing agents, which included the Deputy Purchasing Of?cer (who was also serving as the Acting Chief Purchasing Of?cer at the time). Although we were advised that needed goods and services were still being procured for users timely, we were also advised that Purchasing was approximately three months behind on its paperwork. As a result of all of these in?uencing factors, piggyback contracting has been frequently used for large County procurements as piggybacking an existing contract is typically much faster and easier than soliciting and evaluating bids and proposals. The most signi?cant effect is that the frequent use of piggyback contracting, a procurement method that lacks transparency, has exposed (and continues to expose) the County to increased risk of procurement fraud. Because piggyback contracting has been frequently used, and foregoes an attempt to obtain the lowest price available in the open market, it is also possible that the County has (taxpayers have) paid more than was necessary for many of the goods and services purchased. In addition, the frequent use of piggyback contracting has resulted in the utilization of a large number of out-of?County suppliers which does not serve to stimulate the local economy. The data provided by Purchasing indicates that of the 234 active piggyback contracts under which County personnel did in fact procure goods and services during our audit period, 151 were with out?of-County suppliers. The data also indicates that the County procured more than $30,000 in goods and services from out- of~County suppliers during our audit period under 95 of the active piggyback contracts that had been utilized. The use of piggyback Findings and Recommendations Recommendations: Management?s Response: Controller?s Of?ce Comments: contracting has also resulted in the exclusion of MWDBES from participation in the majority of County procurements over $30,000. The Chief Purchasing Officer should: Work with County Administration and County Council to ensure that appropriate restrictions are established (codi?ed) for the use of piggyback contracting. For example, it would be prudent to prohibit the piggybacking of long-term open-ended service contracts. Incorporate suf?cient controls in the County?s Purchasing Manual to limit piggyback contracting to appropriate instances in order to reduce the County?s exposure to fraud risks and potentially higher prices. This should include requiring County Departments in need of goods or services to make Purchasing aware of those needs as soon as possible in order to facilitate the use of bid processes. Work with the County Administration to ensure that appropriate personnel resources are applied to the purchasing function so that bid processes can be conducted in all appropriate instances. Work with other County Departments to help minimize the amount of time necessary to complete a bid process so that bid processes can be utilized more frequently to procure goods and services. The response begins on page 29. The Controller?s Office comments applicable to management?s response begin on page 34. Findings and Recommendations Criteria: Condition: Cause: Finding #2 The Allegheny County Administrative Code and Purchasing Manual Do Not Adequately Restrict The Use of Piggyback Contracting When piggybacking on existing contracts, Allegheny County is electing to forego the solicitation of bids or proposals, which is an attempt at identifying the best price available in the open market for the sought goods and/or services. Piggybacking also leads to a lack of transparency, in that solicitations for goods and services are not advertised, and the vendors that provide goods and services under the piggybacked contracts are not disclosed. A lack of transparency results in the County being more susceptible to the risks of procurement fraud. In addition, because piggyback contracting involves accepting the terms and pricing contained in an existing contract, the terms of the existing contract typically cannot be modi?ed to include MWDBE utilization goals. Consequently, measures should be in place to help ensure that piggyback contracting is only utilized when and to the extent that it is in the County?s (taxpayers?) best interest to do so. These measures should include restrictions on the use of piggyback contracting incorporated (codi?ed) into the Allegheny County Administrative Code by those charged with governance, and/or limitations on the use of piggyback contracting incorporated into the County?s Purchasing Manual by the Chief Purchasing Of?cer. The Allegheny County Administrative Code and Purchasing Manual contain no restrictions or limitations on the use of piggyback contracting. They do not identify speci?c types of goods or services that are permitted to be procured or prohibited from being procured via piggyback contracting, nor do they contain maximum dollar limits for piggyback contracts. The data supplied by Purchasing indicates that piggyback contracting occurred across a broad range of goods and services, and that there were ten piggybacked contracts with expenditures during our audit period in excess of $1 million, and twelve more with expenditures during our audit period in excess of $500,000. (See Exhibit 3 on page 24 for all County expenditures under piggybacked contracts during our audit period.) We also noted that the County?s Purchasing Manual does not require Departments to communicate procurement needs to Purchasing as soon as possible. Doing so should enable Purchasing to utilize bid processes more frequently, thereby reducing the extent to which the use of piggyback contracting may be necessary. Incorporating restrictions on piggyback contracting into the Allegheny County Administrative Code and/or modifying the County?s Purchasing Manual to limit the extent to which piggyback contracting could be 10 Findings and Recommendations Effect: Recommendations: Management?s Response: Controller?s Of?ce Comments: utilized should result in more frequent utilization of bid processes for large procurements. This means that personnel resources suf?cient to accomplish bid processes in all appropriate instances would need to be applied to the purchasing function. However, it appears that a desire to keep County personnel costs low may have resulted in the application of inadequate personnel resources to the purchasing function. Adding restrictions or limitations on piggyback contracting would only serve to prevent goods and services from being procured in a timely fashion while inadequate personnel resources are being applied to the purchasing function. It appears that County Departments are not required to communicate their needs for goods and services to Purchasing as soon as possible because a shortage of personnel resources would preclude Purchasing from conducting bid processes in all appropriate instances. Piggyback contracting is being excessively used absent documentation of any of its bene?ts to Allegheny County taxpayers. There were ten piggybacked contracts with expenditures during our audit period in excess of $1 million, and twelve more with expenditures during our audit period in excess of $500,000. Piggybacking was used in lieu of competitive bidding, a process designed to ensure fair competition and the procurement of high quality goods and services from vendors at the lowest possible cost. The Chief Purchasing Officer should: 0 Work with County Administration and County Council to ensure that appropriate restrictions are established (codified) for the use of piggyback contracting which will help to ensure the more frequent utilization of public bid processes. For example, it would be prudent to prohibit the piggybacking of long-term open-ended service contracts. 0 Incorporate sufficient controls in the County?s Purchasing Manual to limit piggyback contracting to appropriate instances in order to reduce the County?s exposure to fraud risks and potentially higher prices. This should include requiring County Departments in need of goods or services to make Purchasing aware of those needs as soon as possible in order to facilitate the use of bid processes. The response begins on page 27. The Controller?s Of?ce comments applicable to management?s response begin on page 34. ll Findings and Recommendations Effect: Recommendations: Management?s Response: Controller?s Of?ce Comments: utilized should result in more frequent utilization of bid processes for large procurements. This means that personnel resources suf?cient to accomplish bid processes in all appropriate instances would need to be applied to the purchasing function. However, it appears that a desire to keep County personnel costs low may have resulted in the application of inadequate personnel resources to the purchasing function. Adding restrictions or limitations on piggyback contracting would only serve to prevent goods and services from being procured in a timely fashion while inadequate personnel resources are being applied to the purchasing function. It appears that County Departments are not required to communicate their needs for goods and services to Purchasing as soon as possible because a shortage of personnel resources would preclude Purchasing from conducting bid processes in all appropriate instances. Piggyback contracting is being excessively used absent documentation of any of its bene?ts to Allegheny County taxpayers. There were ten piggybacked contracts with expenditures during our audit period in excess of $1 million, and twelve more with expenditures during our audit period in excess of $500,000. Piggybacking was used in lieu of competitive bidding, a process designed to ensure fair competition and the procurement of high quality goods and services from vendors at the lowest possible cost. The Chief Purchasing Officer should: 0 Work with County Administration and County Council to ensure that appropriate restrictions are established (codi?ed) for the use of piggyback contracting which will help to ensure the more frequent utilization of public bid processes. For example, it would be prudent to prohibit the piggybacking of long~term open-ended service contracts. - Incorporate suf?cient controls in the County?s Purchasing Manual to limit piggyback contracting to appropriate instances in order to reduce the County?s exposure to fraud risks and potentially higher prices. This should include requiring County Departments in need of goods or services to make Purchasing aware of those needs as soon as possible in order to facilitate the use of bid processes. The response begins on page 29. The Controller?s Of?ce comments applicable to management?s response begin on page 34. ll Findings and Recommendations lowest cost of all of the available contracts. There is also no place for Purchasing Agents to document this information. 2. Fraud risks not addressed The form does not request Departments to identify any known relationships between Department personnel and the personnel of the proposed vendor, or other potential con?icts of interest that could result in piggyback contracting being inappropriate for the particular procurement. There is also no place on the form for Purchasing Agents to document this information. 3. Lack of accountability - Department Directors are not required to sign the Piggyback Justi?cation Form to demonstrate that they stand behind the representations made on the form. The form also does not have a place for Purchasing Agents to document the steps that they have taken to verify the assertions made by the Departments in the form, or to document whether they believe, based on their review of the form and the procedures that they have performed, whether piggyback contracting is justi?ed for the particular procurement, and why. 4. MWDBE goals not considered The form does not require Purchasing Agents to document whether there are any certified MWDBES able to do business in Allegheny County that would be able to participate in the procurement if the procurement were to be competitively bid. (The County?s MWDBE Department would be able to help with this if it were provided information about County procurements other than those that will be competitively bid.) The Cost of Conducting a Bid Process Was Not Determined One of the factors that should in?uence whether or not the County engages in piggyback contracting is the County?s cost associated with conducting a bid process. This is because cost savings that may be obtained by conducting a bid process (versus piggyback contracting) will be reduced by the County?s cost associated with conducting the bid process. Some specifications for goods and services are simple while others are complex, which means that the time and resources needed to complete every bid process will not be the same. However, developing an estimate of the cost of an average bid process would assist Purchasing in assessing whether cost savings that might be obtained from conducting a bid process might make conducting the bid process advantageous. When we initiated our audit, Purchasing had not developed an estimate of the County?s cost of conducting an average bid process. Findings and Recommendations Supervisory Review of Proposed Procurement Methods Does Not Occur The Purchasing Agents assigned to specifications make their own decisions about the procurement methods that will be recommended to those charged with governance for the purchase of the goods and services without review by and approval from the Chief Purchasing Officer. We were advised that the Acting Chief Purchasing Of?cer has worked with the other Purchasing Agents for some time and respects their judgment. However, enabling all of the other Purchasing Agents to recommend piggyback contracting to those charged with governance without a review of the facts and circumstances associated with each procurement (such as relationships and con?icts of interest that may exist) by the Chief Purchasing Officer increases the likelihood of procurement fraud. We also noted during our review of Requests for Executive Action during our audit period that the rationale for the procurement method being utilized was typically not included for those charged with governance. Once Piggyback Contracting Has Been Approved, Purchasing Has Little or No Involvement in the Actual Purchases Under Those Contracts When contracts are established in JD Edwards, the County?s accounting system, they are entered in one of two ways, either for payment via a voucher process or for payment via purchase orders. Piggybacked contracts for services, because the services are billed to the County as they are provided, are typically paid via a voucher process. Because goods are usually purchased on an as-needed basis, purchase orders are typically used in connection with piggybacked contracts for goods. When we tested a sample of procurements where piggyback contracting was the method of procurement, we observed that prices for the goods and services to be procured under the piggybacked contracts were usually not included in the contracts, or in any other documents contained in the procurement files. We were advised by Purchasing that because the piggybacked contracts often span a period of years (and suppliers? costs associated with the provision of goods or services change over time) the pricing under the piggybacked contracts often changes over time. Under these arrangements, the County would be required to call the supplier or visit the supplier?s website when the County needs to make a purchase in order to get the current pricing. Since the market pricing for goods and services changes over time, it is possible that the County would be able to obtain pricing from other vendors that is lower than the pricing available from the piggybacked contract supplier at the time that the County actually needs to make a purchase. This means that it may still bene?t the County to comparison shop before making purchases under such piggybacked contracts. l4 Findings and Recommendations Cause: Effect: Once the contracts have been set up in the accounting system, Purchasing has no involvement in actual purchases under piggybacked contracts when a voucher process is used. This means that unless each County Department making purchases under piggybacked contracts with pricing that ?uctuates comparison shops on its own to compare the pricing currently available under the piggybacked contract to the pricing currently available in the market from other suppliers, the County could be paying more than necessary for the goods or services. Purchasing does not verify that County Departments are comparison shopping before making purchases under piggybacked contracts. Since purchase orders are not used when a voucher process is used, Purchasing does not know when purchases are being made. When piggybacked contracts are set up in the County?s accounting system to be paid via purchase orders, the purchase orders prepared by the County Departments are electronically routed to Purchasing for review and approval. However, Purchasing advised us that their review is a cursory review and that there are only a limited number of circumstances that would result in a purchase order being rejected. Purchasing does not call the supplier or check the supplier?s website to verify that the pricing on the purchase order matches the pricing currently available from the piggybacked contract supplier, nor do they routinely verify that the County Departments comparison shopped to help ensure that the County will be getting the best available pricing. We were advised that suppliers sometimes advise the County that the pricing included on particular purchase orders is higher than the pricing that was actually available from the suppliers under the piggybacked contracts. However, when internal controls can be easily implemented, the County should not be relying on supplier review of pricing (an external control) to help ensure that the County is getting the best available pricing. The control environment is weak. Measures have not been taken to ensure that appropriate internal control procedures are in place and functioning as intended with reSpect to County procurement via piggyback contracting. While procurement fraud is always possible, the use of piggyback contracting without appropriate internal controls in place has elevated the risk of fraud. It is possible that procurement fraud associated with piggyback contracting has occurred and not been identified. In addition, it appears that the weaknesses in and lack of control procedures over piggyback contracting has resulted in piggyback contracting being utilized when it has not best served the interests of County taxpayers. 15 Findings and Recommendations Recommendations: The Chief Purchasing Of?cer should: Modify the Piggyback Justification arm to require: 0 An analysis to assess whether piggyback contracting is likely to result in the lowest cost to the County. 0 Documentation of known relationships and con?icts of interest that may preclude piggyback contracting from being a viable procurement method for the particular procurement. Department Directors to take responsibility for the assertions that they make in the form by signing the form. 0 Purchasing Agents to document how they veri?ed the assertions made by Department Directors, and their rationale for concluding that piggyback contracting is appropriate for the particular procurement (if they have). 0 Purchasing Agents (in conjunction with the MWDBE Department) to determine and document whether any MWDBES doing business in Allegheny County would be available to participate in the procurement. The Chief Purchasing Of?cer to review and sign the form evidencing agreement with the proposed procurement method before a Request for Executive Action is prepared and submitted to the County Manager and other applicable County of?cials for approval. Develop an estimate of the cost of an average bid process, and use that information to assist in determining whether piggyback contracting is appropriate. When identical items can be procured under multiple approved piggyback contracts, or when purchases of commodities are at a high volume but at a low unit cost such as furniture and computer hardware, require Departments to obtain and submit to Purchasing three price quotes for the items before approving their purchase order requests. Include the rationale for the procurement method in Requests for Executive Action so that those charged with governance have enough information to make decisions to approve or reject procurements. l6 Findings and Recommendations Management?s Response: The response begins on page 29. Controller?s Of?ce Comments: The Controller?s Of?ce comments applicable to management?s response begin on page 34. 17 Findings and Recommendations Criteria: Condition: Finding #4 Some Sole Source Contracting Does Not Appear 0 Have Been Justified Adequate measures should be taken to ensure that there is truly no competition available before designating a procurement as a sole source procurement. A failure to do so could result in the improper exclusion of vendors from procurements, and could also result in the procurement of goods and services at a higher cost than is necessary. We tested a judgmentally selected sample of 25 purchases made under sole source contracts during our audit period to determine whether the Chief Purchasing Of?cer approved the sole source procurements (via his signature on the Sole Source Justi?cation Form), whether the Sole Source Justi?cation Form contained adequate justi?cation for sole source procurement, and whether the goods and/or services being procured were actually available from other suppliers. We determined that the Sole Source Justi?cation Form associated with one of the 25 purchases was not signed by the Chief Purchasing Of?cer. We also determined that the Sole Source Justi?cation Forms associated with three of the 25 purchases did not appear to contain adequate justi?cation for sole source procurement, and that for these same purchases, it appears that the goods or services procured were available to be purchased from at least one other supplier. The first of the three purchases was an in?atable pool obstacle course for North Park. The County paid the sole source supplier based in Kentucky $31,140 plus freight charges. The purchasing agent had documented in the Sole Source Justification Form that he had ?contacted park playground and accessories vendors that we work with and no one carried anything similar. Also, conducted research on the internet but did not ?nd any others designed for commercial use.? The purchasing agent did not identify on the form the vendors that he had communicated with or the internet sites that he visited. We performed an internet search and quickly identi?ed an alternate supplier based in Wisconsin that sells such pool in?atables designed for commercial use. Although we know such in?atables were available from the alternate supplier at the time the County?s purchase was made, we do not know the cost of the in?atables at the time the County?s purchase was made. At the time we conducted our search (after the County?s purchase was made) a comparable pool in?atable was available from the alternate supplier at $20,500, a signi?cantly lower price. The second of the three purchases involved a Computational Fluid Dynamics Modeling and Measurements Study. The County?s contract with the sole source supplier is not to exceed $717,246. The Sole Source 18 Findings and Recommendations Cause: Effect: Recommendations: Justi?cation Form prepared by the Allegheny County Health Department indicated that the supplier was the only supplier eligible to receive payments from the ACHD Clean Air Fund which would fund the study. However, the supplier was the only supplier eligible to receive payments from the Clean Air Fund because the supplier was the only supplier listed on the Request for Executive Action prepared by the ACHD when it sought approval to have the study paid for using Clean Air Fund resources. Had the ACHD considered the need to conduct a Request for Proposal process and refrained from Specifying a particular supplier, other suppliers could have participated in the procurement. It appears that the ACHD may have had a preference for the supplier that was designated as the sole source supplier. This could have been communicated to the Professional Services Review Committee and may have resulted in the selection of the supplier if a Request for Proposal process had been conducted. The third of the three purchases involved services in connection with a voucher program for the conversion of open hearth ?replaces to gas burning ?replaces. The purchasing agent had documented in the Sole Source Justification Form that ?initially, the Health Department and the US. EPA believed that several service providers could be engaged to participate in the project. However, after having issued the same Request for Quote twice, only one vendor applied and subsequently signed on in a letter agreement - this despite the project coordinators directly contacting the other prospective vendors in an attempt to educate them about the details of the RFQs and to encourage them to participate in the project." The total amount of the voucher program was $70,000, in excess of the threshold where a formal procurement process would have been required. Had a Request for Proposal process been conducted, advertisements would have been placed in two local periodicals which may have garnered more attention from prospective suppliers than the Requests for Quotes posted exclusively on the County?s website. The supervisory review to ensure that there is adequate justification for sole source procurements is not as vigorous as it needs to be. Noncompetitive procurements have been conducted when more than one supplier was likely available to provide the goods and/or services. The County also may have paid more than was necessary for the goods and services procured under noncompetitive procurements. The Chief Purchasing Of?cer should carefully review Sole Source Justi?cation Forms to ensure that the goods and/or services sought cannot be procured from any other suppliers and document the review procedures performed in the procurement files. 19 Findings and Recommendations Management? 3 Response: The response begins on page 29. Controller?s Of?ce Comments: The Contz'oller?s Of?ce comments applicable to management?s response begin on page 34. 20 IV. Conclusion In the current environment, there appear to be two predominant viewpoints with respect to government procurement. Some believe that governments should continue to rely most heavily on the utilization of public bid processes for procurement in order to minimize the risk of procurement fraud, and to help ensure that governments obtain goods and services from local suppliers at the lowest possible cost. Others believe that it is appropriate for governments to rely more frequently on alternative procurement methods, such as piggyback contracting, to speed up the procurement of goods and services and lower the cost of the procurement process. However, relying more frequently on alternative procurement methods could only be appropriate when governments have taken appropriate measures to mitigate the risks associated with those procurement methods. Governments that engage in piggyback contracting typically have implemented procedures to identify any relationships and conflicts of interest that should preclude piggyback contracting. Some governments have restricted their use of piggyback contracting to certain commodities, and/or established maximum amounts for piggyback contracting. Some governments have publicized their piggyback contracting in order to improve transparency and minimize fraud risk. Some governments have developed an estimate of their cost to conduct a bid process in order to assess whether conducting a bid process might generate a cost savings. While Allegheny County?s procurements during our audit period indicate that the County favors the utilization of alternative procurement methods, the County has not instituted any of the aforementioned measures. Allegheny County taxpayers should expect the County to do better than simply procuring goods and services the fast and easy way, without adequate focus on procurement at the lowest possible cost, the utilization of local vendors, the provision of opportunities to MWDBES, and the prevention of procurement fraud. If Allegheny County intends to continue to utilize piggyback contracting, even on a limited basis, it needs to design and implement internal control procedures to increase the likelihood that the County will obtain the lowest possible cost, limit the extent that out-of?County vendors are utilized, ensure that MWDBES are provided with opportunities to participate in County procurements, and reduce the risk of procurement fraud. However, in our View, public bid processes should be the default method of procurement when a single item over $30,000 will be purchased or the estimated cost of a series of purchases exceeds $3 0,000. 21 Local Government Procurement Comparison Chart Allegheny County, PA Milwaukee County, WI Erie County, NY Hamilton County, OH York County, PA Westmoreland County, PA Washington County, PA 1,223,048 952,085 925,528 813,822 446,078 352,627 207,298 Pittsburgh, PA Milwaukee, Wl Buffalo, NY Cincinnati, OH York, PA Greensburg, PA Washington, PA 302,407 595,351 258,612 301,301 44,132 14,299 13,566 $1,495,411,63 1 22 $645,387,000 $1,462,612,000 $704,593,000 $393,162,197 $185,964,538 $117,234,788 7 4 Not Provided Not Provided Yes Yes Yes Yes Yes Yes Yes No Yes Contracts >$10,000 must be competitively bid unless exception is granted by Board of Commissioners. N0 Yes Piggybacking used (See Audit Finding extensively, >523 Million Yes Piggybacking represents only about 10% of total purchases (about $12 Million) Yes - Piggyback contracting is only used for 1-2% of total purchases Yes - However bid processes are preferred Yes just one piggyback . Yes contract for uniforms Yes However piggyback contracting is seldomly used 1Population estimate as ofJuly 1, 2017 per the United States Census Bureau 2Information for FY 2017, obtained from the respective County's Comprehensive Annual Financial Report. 3information obtained from inquiries with the respective County purchasing functions. EXHIBIT I EXHIBIT 2 PiQQi/bock Justification Form elvecr??'ca tron De tails Specification #2 Vendor Nainei Requester?s Namei Requester?s Titlei Requester?s Department: Purchasing Agent Alessio 0012 ?119 at De tails Vendor #3 The Piggyback is Issued By3 PA State, GSA PA cosraes US Communities 0 Lead Agencyi Other Agency?s Contract Number: Date owaardi Start Datel 0 [:35 rung Agezioyf Curre nt 11d ate: Paym on If De ta 1'15 Estimated Annual Spendi Paid Via: Purchase Order 6) lfo Voucheri Cost Center or Job Code? Object Codei Voucher Both 8 uhle dgeri Justi?ca 25012 What goods and services is this contract providing to the County? Is this for a one-time purchase or will there he more purchases in the future? (If a one-time purchase, please attach quote. If services are being provided, please attach scope of work.) Is this contract being used in conjunction with other piggyback contracts to receive quotations for future purchases? Is the supplier local to Allegheny County? (If n01 Are we aware of any company local to Allegheny County, with a cozgoetitz?vely awarded contract, who can?) 23 24 TOTAL SPEND UNDER PIGGYBACK CONTRACTS DURING OUR AUDIT PERIOD Telecommunications Managed Services MCI Communications Inc dba Verizon $3,794,689.86 State Piggyback for Of?ce Classroom Related Accessories Staples Contract Commercial Inc dba Staples Advantage 2,739,298.13 COSTARS 3 - IT Hardware CDW Government inc 2,047,830.23 State of Contract for Sodium Chloride (Bulk Road Salt) American Rock Salt Co. LLC 1,911,917.03 48401 COSTARS 5 - Janitorial Supplies Paper Products Co., Inc. 1,451,122.60 211244 Microsoft Enterprise Agreement 2017 - 2026 CDW Government Inc 1,425,096.84 47327 COSTARS 6 Software CDW Government Inc 1,362,471.25 48022 Wireless Communications Service Sprint Solutions, Inc. 1,266,690.02 48024 Wireless Communications Service Verizon Wireless 1,213,169.22 47571 GSA for Information Technology Mission Critical Partners, tnc. 1,097,011.23 48400 National IPA Piggyback for MRO Supplies Grainger Industrial Supply 996,336.55 49073 Nationai IPA Piggyback for Systems Furniture, Free Standing Furniture, Seating, Filing Systems/Equipment, interior Solutions and Rotated Product and Support Services Eastey Rivers Inc. 811,033.50 49070 National IPA Piggyback for Systems Furniture, Free Standing Furniture, Seating, Filing Systems/Equipment, Interior Solutions and Related Product and Support Services Office Furniture Warehouse 784,488.24 130845 ITQ: Information Technology Synerng Inc. 748,313.99 47583 PEPPM PB - Computer Hardware and Software Advizex Technologies LLC 723,895.59 48448 COSTARS 25 - Municipal Work Vehicles Equipment Co. 603,956.19 46589 COSTARS 10 - Voting Systems Election Systems and Software Inc. 585,946.02 47157 COSTARS 3 IT Hardware Hewlett Packard Company 571,578.74 48020 for Maintenance, Repairr and Testing for Surveillance, Security and Fire Systems Services Tyco Fire Security Inc. dba Johnson Controls Security Solutions 543,850.84 47477 COSTARS 6 Software Synerng Inc. 527,134.78 48270 PEPPM Piggy back contract for Computer Hardware and Software Mythics, Inc. 505,129.96 187229 PA State Contract for Surveiilance, Security, and Fire Systems Simpiex Grinnell LP 500,150.28 47151 COSTARS 3 - 1T Hardware Fire Fighter Sales Service Co. dba All Lines Technology 417,494.08 48036 COSTARS 25 Municipal Work Vehicles Hunter Truck Saies Service Inc. 415,624.57 49022 State Piggyback for Municipat Work Vehicles Hill International Trucks NA LLC 382,613.37 49253 COSTARS 13 - Emergency Responder Vehicles Tri Star Motors Inc. 366,597.00 47142 COSTARS 3 - IT Hardware Sirius Computer Solutions, Inc. 360,244.26 48223 COSTARS 20 Laboratory Supplies Fisher Scientific 357,543.43 191926 GSA for Information Technology Comcast 344,651.80 49385 COSTARS 25 Municipal Work Vehicles Day Automotive Group dba Day Fleet Sales 335,195.00 48063 Eiectrical Supplies Graybar Electric Co., Inc. 332,811.78 48452 National IPA Piggyback for Groundskeeping, Golf and Sports Field Maintenance Equipment E.H. Griffith Inc. 299,710.24 190232 State of TN (Potk County) Piggyback for Optical Scan Voting Equipment RBM Consulting LLC 298,775.16 49330 US Communities PB for Oracte Products, Services, and Solutions DLT Soiutions LLC dba DLT Solutions 290.044. 72 49252 COSTARS 26 - Passenger Vehicles Tri-Star Ford Inc. 284,050.00 47483 Software Reselling including Management of Microsoft Select Dell Marketing LP 264,733.52 46537 MRO Supplies Home Depot Credit Services 261,673.10 48384 Westmoreland COG Day Automotive Group dba Day Fleet Saies 260,667.00 48527 COSTARS 5 Piggyback for Janitoriat Supplies Janitoriat Services LLC 260,656.45 47146 COSTARS 3 - IT Hardware ePlus Technology, Inc. 257,015.38 47287 GSA for Information Technology Pictometry International 256,600.00 48521 COSTARS - 12 Emergency Responder Loose Supply Team FOFCG 250,858.31 213172 PB Imaging Services Pictometry international 241,107.80 47650 COSTARS 14 - Recreational Fitness Equipment Pete Jeffrey and Associates 235,023.00 177090 Equipment Repair Maintenance Management Services Specialty Underwriters LLC 234,612.50 179085 Electrical Maintenance Service for Bridge, Highway Lighting Tunnei Carbon Monoxide Monitor System and Extra Work as Directed Allegheny City Electric Inc. 226,528.62 EXHIBIT 3 49126 PA PB for Body Armor North Eastern Uniforms Equipment Inc. 221,096.46 49219 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) PPG Architectural Finishes Inc. 220,306.17 49298 COSTARS 26 - Passenger Vehicies Whitmoyer Buick Chevrolet Inc. 216,900.00 47648 COSTARS 14 Recreational Fitness Equipment Bitting Recreation Inc. 216,665.00 48177 State Piggyback for Carpet and Carpet installation Steinberger Floors Inc. 215,259.60 49077 COSTARS t1 - Toiletries Bob Barker 00., Inc. 210,572.71 47143 COSTARS 3 - IT Hardware Dell Marketing LP 209,093.64 49279 COSTARS 25 Municipal Work Vehicles Suppes Motor Sales Co. Inc Suppes Ford 208,837.00 48296 State Piggyback for Electronic Monitoring Equipment Sentinel Offender Services LLC 206,931.21 47658 GSA for Information Technology tmmix Technology Inc. 205,257.01 47774 COSTARS 14 - Recreational Fitness Equipment General Recreation Inc. 204,649.00 49215 Mailroom Equipment Pitney Bowes tnc. 204,519.68 48994 State Piggyback for Municipal Work Vehictes Tristar Ford inc. 173,960.00 49195 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Schaedler Yesco Distribution tnc. 165,581.00 48390 GSA for Information Technology Caroiina Recording Systems LLC 163,620.00 483t0 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Hite Co. Inc. 162,870.17 48546 Maintenance of Various Equipment Ouatity Mechanical Services Inc. 161,008.51 48017 Surveiilance and Security Systems Simpiex Grinnell LP 155,480.27 205960 State Piggyback for Electronic Monitoring Equipment Track Group Americas Inc. 149,496.41 48018 Surveillance and Security Systems Wacor Electronic Systems Inc. 131,027.03 49192 Agricultural/ Grounds Keeping Type Power Equipment Bandit Industries Inc. 129,027.50 48278 PEPPM Piggy back contract for Computer Hardware and Software Strategic Products Services LLC 128,754.40 48217 State PB - Agricultural Groundskeeping Type Power Equipment John Deere Co. 124,806.34 204161 TCF Lease for Toro Equipment TCF National Bank dba TCF Equip Finance 123,774.82 49325 COSTARS 34 Theater Keyser Consulting 123,222.38 48968 Piggyback for Construction/Heavy Duty Power Equipment?Supplement Murphy Tractor Equipment Co., inc. 123,197.04 49246 Two-Way Radio Communications Equipment Motorola Solutions Inc. 113,516.16 214451 PA PB for Drug Alcohol Testing Redwood Toxicoiogy Laboratory Inc. 104,625.95 48456 COSTARS 13 Piggyback for Emergency Responder Vehicles Sabre Equipment 104,407.40 169224 Microsoft Enterprise Agreement CDW Government Inc 102,888.00 47389 Document Management Products, Systems, Services and Solutions Shred?It USA dba Shred?it Pittsburgh 102,408.73 49337 National IPA Piggyback for MRO Supplies Lowes Companies Inc. Lowes Home Center 97,911.59 48396 PEPPM Piggyback for Copiers, MF Devices, Production Systems, and Software Xerox Corporation 94,504.91 48333 State Contract Facilities Maintenance Services ITO DGS Siemens Industry Inc. 92,970.47 49505 COSTARS 36 - Appliances, Cafeteria Equipment and Suppties Curran Taylor Inc. 90,622.51 48264 COSTARS 35 - Furniture and Window Treatments Granviile Associates Inc. dba Vision Business Products 88,113.72 48218 State Piggyback Agricultural Groundskeeping Type Power Equipment Krigger Company Inc. 87,443.97 46862 Document Management Products, Systems, Services and Solutions tron Mountain 87,118.27 47480 ITQ: Information Technotogy Dagostino Etectronic Services 86,922.62 48311 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Builders Hardware 8 Specialty Company 83,826.77 49187 State of MN for Computer Equipment Hewlett Packard Enterprise Co. 79,197.49 49200 Drug Testing Equipment American Bio Medica Corporation 77,947.01 48378 Genetic Parentage Testing DNA Diagnostics Center Inc. 68,991.75 47448 COSTARS 8 (MRO) Schaedler Yesco Distribution inc. 67,117.33 127673 Olathe Kansas IT Consutting Services Contract Vetocity Technoiogy Solutions tV Inc. 66,730.44 49341 US Communities Contract for Online Marketplace - Amazon Amazoncom LLC 66,455.32 200055 PA State PB for Moving and Storage Services Debo Moving Storage Inc. 64,644.71 133649 Sole Source for EAM Software - Farragut Farragut Systems 64,000.00 48440 COSTARS 12 - Emergency Responder Loose Suppiy Witmeir Public Safety Group Inc. 63,940.65 26 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 48314 COSTARS 8 - Iding Maintenance, Repair and Operation (MRO) Huckestein Mechanical Services Inc. 61,921.62 48957 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Comfort Supply Inc. 59,644.98 49201 COSTARS 6 Software Dell Marketing LP 59,556.64 49069 National IPA Piggyback for Systems Furniture, Free Standing Furniture, Seating, Systems/Equipment, Interior Solutions and Related Product and Support Services Eastey 8t Rivers Inc. 57,782.34 48420 State Piggyback for Commercial Grade Food Service Equipment Foodservice LLC dba Trimark SS Kemp 57,058.84 49023 COSTARS 8 Building Maintenance, Repair and Operation (MRO) Fit Optimized Solutions 56,402.92 49293 COSTARS 12 Emergency Responder Loose Supply Premier Safety 8 Inc. 56,364.00 47972 Janitorial Supplies, Equipment, Maintenance Repair (NCPA Contract) Acuity Specialty Products, Inc. dba Zep Sales Service 56,244.56 48491 COSTARS 3 - IT Hardware Dagostno Electronic Services 55,894.63 49353 COSTARS 26 - Passenger Vehicles McCall Motors Inc. 54,247.00 49382 PB Less Lethal Duty Gear - Axon 5 Year Pian Axon Enterprise Inc. 53,113.90 48292 State Piggyback for Less Lethal Duty Gear Axon Enterprise inc. 52,485.78 47145 COSTARS 3 - IT Hardware Anixter, Inc. 52,137.81 49214 Mailroom Equipment The Wilson Group LLC 50,646.55 48587 ITQ: information Technology Datacom Inc. dba Datacom 49,880.94 48046 COSTARS 25 Municipal Work Vehicles Walsh Equipment Inc. 49,715.16 49256 COSTARS 26 - Passenger Vehicles Tri Star Motors Inc. 47,980.00 49122 PA PB for Body Armor Markl Supply Company 46,951.00 49334 PA Piggyback for Laboratory Supplies Equipment VWR international inc. 44,213.62 48583 Liquid Caicium Chloride SAL Chemical 43,872.14 49225 COSTARS 19 Medical Suppiies Bound Tree Medical LLC 43,665.17 49255 COSTARS 25 Municipal Work Vehicles FORD Tristar Ford Inc. 43,400.00 49369 NJPA Piggyback for Pie?Engineered, PrevCast Concrete Toilet Buildings and Vauits CXT Inc. 42,931.00 203362 COSTARS 8 Building Maintenance, Repair, and Operation (MRO) Automated Card Systems Inc. 42,755.00 49123 PA P8 for Body Armor Witmer Public Safety Group Inc. 41,803.85 138674 Information Technology ProTech Professional Technicai Services 40,000.00 188414 COSTARS 1 - Copiers, Document imaging and Multifunction Devices eDocs Technologies LLC 39,467.00 48492 COSTARS 12 Emergency Responder Loose Supply Universal Industrial Supply Inc. 39,302.13 205962 PASSHE PB for Design Services Florida Consuiting LLC 39,250.00 49210 PA State Contract for Highway Inlet Boxes, Grates and Frames East Jordan Iron Works inc. dba EJ USA Inc. 37,760.93 48140 Mission Oriented Business Integrated Services (MOBIS) Inc. 37,749.00 49400 PEPPM PB - Computer Hardware and Software NWN Corporation 37,362.00 48226 PEPPM Piggy back contract for Computer Hardware and Software SMARTSqution Technologies LP 36,376.00 49265 COSTARS 34 Theater (Auditorium) Furniture, Fixtures, Audio, Visual Equipment and Musical Instruments Carousel Industries Of North America Inc. 35,850.00 49136 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Johnson Controls Inc. 35,471.96 48306 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Cleveland Brothers Equipment Co., Inc. 34,167.96 48291 GSA Piggyback for Scienti?c Equipment and Services Thermo Scientific Portable Analytical 33,601.81 178445 Preventive Maintenance for Jail Chiller Plant II Huckestein Mechanicai Services Inc. 33,471.00 49211 COSTARS 6 Software NWN Corporation 33,249.55 49091 COSTARS 29 Grounds Keeping Services and Suppiies 8&8 Processing Inc. 32,577.22 49036 GSA for Information Technology Mythics Inc. 32,479.23 48963 State Piggyback for Municipal Work Vehicles Kenny Ross Chevrolet Inc. 32,306.61 48111 COSTARS 6 - Software SHI Internationai Corporation 32,095.83 49243 Waste, Recycling Materials Handiing Containers Kettle Creek Corporation 31,774.73 192715 COSTARS 8 - Maintenance, Repair and Operation Equipment Supplies (MRO) Horizon information Services Inc. 31,230.25 47515 GSA for Information Technology E-Innovative Services Group LLC 30,905.00 47521 COSTARS 8 Building Maintenance, Repair and Operation (MRO) City Lighting Products Co., Inc. 30,876.54 27 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 $64 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 1E) COSTARS 8 - Buiiding Maintenance, Repair and Operation (MRO) Tobey-Karg Service Agency Inc. 30,740.12- COSTARS 6 - Software SBM Electronics inc. 30,620.00 COSTARS 16 - Waste Wastewater Treatment Plants Components/Equipment Ferguson Enterprises Inc. #1599 30,393.32 PA PB for ITQ - Surveillance, Security, and Fire Systems Services Access Control Systems, Inc. 29,302.54 COSTARS 8 Building Maintenance, Repair and Operation (MRO) Filtech, inc. 29,284.14 ITO for of Surveillance, Security, Fire System Services Vector Security, Inc. 28,709.00 COSTARS 3 - IT Hardware Contract Connectivity Communications, Inc. 27,900.00 Piggyback for Construction/Heavy Duty Power Equipment?Supplement Cleveland Brothers Equipment Co., Inc. 25,595.01 COSTARS 3 - tT Hardware Southern Computer Warehouse Inc. 24,888.73 State Piggyback for Less Lethai Duty Gear Markl Supply Company 24,330.10 PA State Contract Highway Glass Beads Potters Industries Inc. 24,000.00 COSTARS 5 Janitoriai Suppiies Randall Industries LLC 23,372.05 COSTARS $2 - Loose Supplies Bear Communications Inc. dba Bearcom 23,340.38 48110 COSTARS 3 IT Hardware Keyser Consulting 23,300.00 214750 COSTARS 6 Software eDocs Technologies LLC 22,516.00 49288 COSTARS 17? Waste, Recycling and Materiats Handling Containers BE Equipment, Inc. 22,466.85 48549 Commercial Furniture Granville Associates Inc. dba Vision Business Products 22,222.46 47507 COSTARS 12 - Emergency Responder Loose Supply Bob Barker Co., Inc. 21,625.05 47651 Enforcement, Security, Facilities Management, Fire Rescue, Clothing, Marine Craft Security Detection, Inc. 21,450.76 48504 NJPA Piggyback for Floor Covering Touch of Color Flooring Inc. 21,389.00 154296 ITQ Consulting Services Maximus inc. 21,000.00 49401 COSTARS 12 - Emergency Responder Loose Supplies Fire Force Inc. 19,900.00 48029 Commercial Furniture All Steel Inc. 19,482.02 49024 Lab Supply and Equipment VWR Internationat Inc. 18,133.16 47999 COSTARS 14 - Recreational Fitness Equipment Recreation Resource Inc. 17,980.83 49407 PB GSA for Outdoor Recreation Items Jamestown Advanced Products 17,694.50 49137 NJPA Piggyback for Construction 8: Agricultural Equipment Smardt Equipment Inc. 17,645.36 49384 PA Piggyback for MRO t~Con Systems, Inc. 17,356.66 49212 Construction/Heavy Duty Power Equipment Supplement Groff Tractor Hotdings LLC dba Croft Tractor Equipment LLC 17,189.00 49282 Auto and Truck Parts With Related Auto and Truck Equipment, Accessories, Supplies and Services North Hiils Auto Supply Inc. 17,182.04 49035 State Piggyback for Fire Extinguihsers, Maintenance Repair Services Advanced Fire Company inc. 17,161.72 49004 US Communities Cintas Corporation 16,905.53 49362 COSTARS 14 - Recreational Fitness Equipment George Ely Associates Inc. 16,824.00 49251 COSTARS 12 - Loose Supplies Staley Communications Inc. 16,551.38 214775 PB US Communities Rental of Uniforms Cintas Corporation 16,378.60 49014 COSTARS 35 Furniture and Window Treatments Caldwelis Windoware Inc. 14,678.00 49037 GSA for Information Technology Combyte USA Inc. 14,177.61 49063 State Piggyback for Motor Oil, Lubricants, Antifreeze, and DEF PPC Lubricants Inc. 13,798.50 49220 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) AB Specialties inc. 13,210.00 49413 PA State for Maintenance, Repair, Testing for Surviellance, Security, and Fire System Services Wacor Electronic Systems Inc. 13,150.40 49257 COSTARS 13 - Emergency Responder Vehicles Tristar Ford Inc. 12,829.23 196121 Mailroom Equipment Francotyp Postaiia Mailing Solutions 11,134.01 47549 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Combustion Service Equipment 10,736.78 204469 PA State Contract for Non-English tn-Person Interpretation Services Language Services Associates 9,286.52 47118 Software Maintenance DLT Solutions (Oracie) DLT Solutions LLC dba DLT Solutions 9,180.35 48550 NJPA Piggyback for Auto Auto Truck Parts North Hills Auto Supply Inc. 9,070.73 145879 COSTARS 6 IT Software General Code LLC 8,477.01 49209 PA State Contract for Highway InIet Boxes, Grates and Frames Wine Concrete Products, Inc. 8,435.00 28 49408 Des P8 US Communities Food Distr Products US. Foodservice 8,283.81 49025 COSTARS 8 Building Maintenance, Repair, and Operation (MRO) IDN~Hardware Sales, Inc. 8,107.29 49406 GSA PB for Outdoor Sports Equipment Jamestown Advanced Products 7,967.90 49395 City of Pittsburgh Bid SAL Chemical 7,600.90 48490 State Piggyback for Commercial Laundry Equipment PAC Industries, Inc. 7,456.00 49387 PB McHenry, IL - Field Drug Kits 1 ?step Detect Associates 6,831.50 48482 COSTARS 37 Uniforms Zytnick Ben dba Concept Uniform Co. 6,727.10 47649 COSTARS 14 - Recreational Fitness Equipment Sport Suppty Group inc. dba BSN Sports 5,858.27 48028 Commercial Furniture Hon Co. Mt. Lebanon Office Equipment 5,740.66 189077 State Piggyback for Tree ?trimming and Stump Removal Sidelines Tree Service LLC 5,600.00 49015 State Piggyback for Uniforms North Eastern Uniforms Equipment 5,511.38 47446 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Efny Corporation dba Batteries Plus Pittsburgh 5,457.84 49340 NJPAHCPN Contract for MRO Midwest Motor Suppty Co, Inc. dba Kimball Midwest 5,389.64 49013 State Contract Highway Equipment Co. 5,248.80 213863 State of Ftorida Enterprise Rent-a?Car 4,935.00 48580 COSTARS 20 - Laboratory Supplies Perkin Elmer Health Sciences Inc. 4,796.72 48221 Enforcement, Security, Facilities Management, Fire Rescue, Clothing, Marine Craft CEEA USA LTD 4,300.00 49338 State of PB for Bridge Highway Maintenance Materials George L. Witson 8 (30., inc. 4,275.07 49079 COSTARS 8 - Building Maintenance, Repair and Operation (MRO) Johnstone Supply 4,036.56 48019 Surveillance and Security Systems Eltech Security Systems 3,830.33 49280 COSTARS 14 Recreational Fitness Equipment Kelly's Sports, Ltd. 3,715.00 49283 Auto and Truck Parts With Related Auto and Truck Equipment, Accessories, Suppiies and Services NAPA Auto Parts of White Oak 3,572.09 48516 State Piggyback for Motor Oil, Lubricants, Antifreeze, and DEF Tri County Petroleum, inc. dba Petro Choice 3,548.60 49074 National IPA Piggyback for Systems Furniture, Free Standing Furniture, Seating, Filing Systems/Equipment, Interior Solutions and Related Product and Support Services Franklin Interiors, inc. 3,358.56 49412 NJPA Piggyback for John Deere Retaii Sales Murphy Tractor Equipment Co. Inc. 2,365.10 48199 Commerciat Grade Food Service Equipment Singer Equipment Company 2,348.69 48579 COSTARS 3 - IT Hardware Zones, Inc. 2,342.07 48344 State Piggyback for Commercial Grade Food Service Equipment TMP Company inc. 2,081.20 49264 PB Road Flares Standard Fusee Corp. dba Orion Safety Products 1,998.40 108337 US Communities - Equipment Rentat HERC Rentais, inc. 1,943.50 47659 Breast Pumps Medela Inc. 1,684.36 49213 COSTARS 17- Waste, Recycling and Materials Handling Containers Busch Systems International Inc. 1,308.65 48030 State Contract Envelopes Cenveo Corporation 1,058.00 49124 PA PB for Body Armor Safety League Inc. dba Atlantic Tactical 981.44 47631 COSTARS 3 - IT Hardware SBM Electronics, Inc. 764.00 49060 National Piggyback for Janitorial Suppiies, Equipment, Maintenance, and Repair EcoLab Inc. 526.01 48245 National JPA Contract Pre~Engineered, Pro-Cast Concrete Buiidings CXT Incorporated 441.00 49092 COSTARS 5 - Piggyback for Janitorial Suppiies Janitors Supply Inc. 322.66 47696 COSTARS 24 Traffic Signs US Municipal Supply, Inc. 280.00 48234 Drug Atcohoi Screening Products Orasure Technologies Inc. 237.60 49383 PB GSA for Law Enforcement Solutions Sirchie Finger Print Laboratories 211.56 48444 National Contract Autozone Parts LLC 89.99 49068 National Piggyback for Systems Furniture, Free Standing Furniture, Seating, Filing Systems/Equipment, Interior Solutions and Rotated Product and Support Services Bulidog Office Products, Inc. 84.66 49410 State Piggyback for Fire Extinguihsers, Maintenance 8 Repair Services Advanced Fire Company Inc. 56.00 Total Spend Under Piggyback Contracts During Our Audit Period: $43,082,42386 is a?iniigiht?iri April 18, 2019 The Honorable Chelsa Wagner Aliegheny County Controller 436 Grant Street 104 County Courthouse Pittsburgh, PA 15219 Re: Performance Audit Report on the impact of Piggybacking Method of Procurement on Ailegheny County and the Utilization of Local Business for the period January 1, 2017 through iune 30, 2018 Dear Controller Wagner: Thank you for the opportunity to respond to the above?referenced anaiysis of the effects of piggybacking procurement for the period of January 1, 2017 through June 30, 2018. Instead of addressing each finding point?by-point, wiil be responding giobaliy as believe it provides a more accurate picture of our efforts. As a starting point, there is a mischaracterization that piggyback contracting excludes local companies. We have not found that to be true at ali. in fact, of the 234 piggyback contracts in this period, 42.30% are within a 30?miie radius of the City of Pittsburgh and 56.80% are iocated within the Commonwealth of PA. Even had these contracts gone through our local bid process, there is no assurance that a Eocai company will be successfui. There are many out?of~state companies enrolled in Public Purchase which is the venue through which the Purchasing 8i. Supplies Division receives bids. There is also an implication that using the option for piggybacking on a contract does not allow for an MWDBE component. That is simply not accurate. Although not all bidding entities have MWDBE goals, they do encourage minority participation. Any entity with MWDBE goats that bids 3 piggyback contract binds the awardee to those same goais when any other entity piggybacks on it, so that minority participation spreads across ail users. Additionally, selecting that contract doesn?t preciude further negotiation. As just one example, the county has used the piggyback contract for supplier Staples but negotiated with the company to meet the county?s MWDBE goats. That contract, and the corresponding county goais met through it, is also used by the City of Pittsburgh, Pittsburgh Public Schools, the Airport Authority, and the county Housing Authority. The printer and copier paper acquired from Stapies is ordered through their minority paper supplier. There are aiso MWDBE firms that have been awarded piggyback contracts such as The Wiison Group, a minority supplier of toner cartridge and other office supplies, which provided $50,646.55 of items via a piggyback contract during the audit period. Jenny DTRECTOR OF SERVKZES 202 COD?woos; 436 GRANT STREET 6 Pm?seunoi?i. PA i521 {4i 2) 3506 'i 09 a FAX (A: i 2.) 350-43925 a 29 Page 2 of 3 mAprii 13, 2019 Piggyback Contracts Audit Response Piggyback contracts and cooperative purchasing are also good for the taxpayer. industry leaders have indicated that piggyback contracts used nationally can save as opposed to a singular solicitation. The Purchasing Division joined forces with several local agencies on purchasing contracts. These include the City of Pittsburgh, the Airport Authority, ALCOSAN, the county Housing Authority, the Community College of Allegheny County, the Port Authority, the City of Pittsburgh Parking Authority, and the joint Sports and Exhibition Authority. The group meets several times a year to determine what could be a joint purchase bid. Air fitters, grass seed, paving materiais and paint have all been mentioned as potential items the county and authorities use and could collectively seek. There has also been discussion of leveraging the Port Authority to buy bulk fuel for the vehicles the county and authorities own and use. This cooperative purchasing is not unique as other locai agencies have done the same. For instance, the Quaker Valiey Council of Governments recently contracted with Waste Management to provide garbage and recycling for each of the 1S municipalities it represents. To ensure the taxpayers of Allegheny County are receiving the lowest price for goods and services, the Purchasing Division will review piggyback contracts even if an invitation for Bid was solicited. A recent example is for bottied water. The successful bidder was D.S. Waters. Given greater scrutiny, it was determined W.B. Mason had a contract with the Commonwealth of PA that provided greater discounts that would further benefit taxpayers. An analysis of that review is attached (Attachment A), but what we found was that the cost to the county was far less when using the state contract and, in some cases, provided items that the invitation to bid did not include. a The rental of a hot/cold unit ranged from $1.74 to $5.85, depending on the contract, with W.B. Mason being the lowest cost. a A unit with refrigeration wasn?t included in the Waters bid. a The deposit for a S?galion water bottle was $6 for D.S. Waters, but there was no cost for it under the W.B. Mason PA contract. While there were other items in which 0.5. Waters bid at a better price than W.B. Mason, when looking at the entire contract and the needs of the county, the annual cost savings from piggybacking on the state contract was estimated at $19,421. A few other items of note: a in reviewing your attached schedule titled ?Exhibit the expense of $43,082,423 over 18 months seems significant but we took a closer look at the contracts in excess of $500,000. ?those expenses total $26,211,111 and are for items such as wireless communication, Microsoft licenses, lT hardware and furniture. Many of the commodities are proprietary in nature and were vetted by State and National Purchasing Cooperatives. As l?m sure you are aware, in many cases, there is not a local presence for Verizon, Sprint and Microsoft. a Additionaliy, the sample used by your office reflects $43 million in contracts over an 18?month period. A scheduie is also attached (Attachment B), showing while that is a significant amount on its own, when viewed in context of the county?s entire spend in 2017 ($1,169,690,336) and 2018 it?s rather smali comparatively. Page 3 of3 Apri! 18, 2019 30 Piggyback Centracts Audit Response 0 A review of the exhibit related to piggyback contracts prepared by your office contains four contracts, representing nearly $500,000 of the total, which were acquired through the invitation for Bid process NOT a piggyback contract. The list of those contracts follows: 0 Contract 179085: Eiectrical Maintenance Service with Aliegheny City Eiectric; awarded under in 2015 (expired in 2017) found on line 46 0 Contract 48583: Liquid Calcium Chloride with SAL Chemical; awarded under in 2015 (expired in 2018) found on line 115 0 Contract 49395: listed only as "City of Pittsburgh bid;? awarded under City of Pittsburgh for Caicium Chioride (Non?Liquid) on December 1, 2017 and adopted by the county in February 2018 found on line 194 [Please note that the county, Airport Authority, the City Parking Authority, CCAC, and the SEA were all partners to this bid. SAL Chemicai is a local company and the contract is subject to the City?s requirements] 0 Contract 48546: Quality Mechanical Services; awarded under WES-7427 in 2016 for maintenance of various kitchen, refrigeration, laundry, boiler, hot water, and HVAC equipment. We know that ideaily every solicitation would be bid, every award would be locai, and every price wouid be the lowest in the country. That?s not reality, however, and our Purchasing Division has a difficult baiancing job. Each day, they foilow ail of the ruies and regulations that apply to purchasing, whiie striving to meet the goals of the county, finding appropriate commodities and services, pursuing the lowest price possible for the taxpayers, and ensuring a fair, transparent process. i?m proud of the work that they do while maintaining that delicate baiance and know that they will continue striving to improve their performance each day. Sincerely, i in . i rarer? ?atness? i am. Jerry Tyskiewicz, Director cc: The Honorable Rich Fitzgerald, County Executive The Honorable John DeFazio, County Councii President Jennifer Liptak, Chief of Staff to the County Executive William D. McKain, County Manager Mary C. Soroka, Director of Budget and Finance Ruth Byrd~Smith, Director of MWDBE Frank Alessio, Chief Purchasing Officer Kenneth J. Varhola, Chief of Staff to County Councii Sarah Roka, Budget Manager, County Council Lori A. Churiila, Assistant Deputy Controlier of Auditing Attachments (2) 31 Attachment A WATER PRICE 0.5. Waters W3. Mason PA City of Pittsburgh Item TABS STATE CONTRACT CITY CONTRACT Rental Hot/Coid Unit $2.99 $1.74 $5.85 Rentai Hot/(201d Unit w/Refrig. No Bid $4.74 $6.45 5 Gallon Water Bottle $3.49 $2.94 $6.00 3 Gallon Water Bottle $3.49 $2.94 $7.75 1 Gallon Distilled Water $1.16 $1.94 No Bid Deposit 5 Gallon Water $6.00 $0.00 No Bid Deposit 3 Gallon Water $6.00 $0.00 No Bid items Not on W.B Mason State Contract item 0.5. Waters W.B. Mason Lewes Staples 10 oz. Rolied Rim 124.79/case Paper Cups .0623 each 7 02. Cone Cups $3.49/sleeve $183.97/case $52.19 Med Line .0349 each .0367 each $69.91 Dart 4.5 oz Cone Cups No Bid $61.99 4.0 02. Cone Cups No Bid $67.47 Bottled Water $4.99 24/case $4.88 24/case $3.58 32/cs 16.9 oz Bottles .207 each .203 each .111 each Cost Analysis Item 0.5. Waters W.B. Mason Lewes Staples Water Cooler $5,781.90 $2,401.20 Rentals Hot/Cold Filtration Units Bottled Water 5 $39,121.89 3 Gallon $54,813.94 Bottled Water $1,225.55 $1,195.60 $877.10 16.9 02: Total $61,821.39 $42,718.69 $877.10 Total Annual Savings - $19,421.20 32 Attachment Amount Paid 2017 DErect Pay Purchase Orders 11,719,14613 Non?Encumbered Contracts 1,065,224,635.24 Purchase Orders 37,265,065.10 Encumbered Contracts $5,481,490.26 1,169,690,336.73 2018 Direct Pay Purchase Orders 12,300,11839 Non?Encumbered Contracts 1,120,952,73654 Purchase Orders 34,287,722.88 Service Contracts 1,233,548,37325 2,403,238,70998 33 VII. Controller?s Of?ce Comments Applicable to Management?s Response in consideration of management?s response dated April 18, 2019, we believe that there are a few items that we need to address to improve the characterization of our audit findings so that management and other users of our report will be able to more clearly understand the de?ciencies that we have identi?ed, as well as the need for corrective action. First, our audit report does not indicate that piggyback contracting excludes local companies. We are aware that 83 of the 234 piggyback contracts with expenditures during our audit period involved companies located within Allegheny County. We are also aware that the utilization of public bid processes does not guarantee that local companies will always be awarded County contracts. However, public bid processes, advertised locally, are more likely to result in the awarding of County contracts to companies situated within Allegheny County, or at least in its vicinity. As we noted in our audit report, 151 of the 234 piggyback contracts with expenditures during our audit period involved out-of?County suppliers. Had the County engaged in less piggyback contracting, it is likely that the utilization of companies situated within Allegheny County or in its vicinity would have been higher. Second, our audit report does not indicate that piggyback contracting cannot involve MWDBE participation. Some cooperative purchasing organizations utilized by governments may have MWDBE utilization goals or requirements which may or may not be enforced. However, neither Purchasing nor the MWDBE Department are capable of monitoring and do not monitor the MWDBE utilization associated with piggybacked contracts. It is important to note that the goal of Allegheny County?s MWDBE program, as stated in Section 435-3 of the Allegheny County Administrative Code, is ?to assure the success and growth of minority, women, and socially and economically disadvantaged businesses, business concerns, or business enterprises in the County. . As we noted above and in our audit report, 151 of the 234 piggyback contracts with expenditures during our audit period involved out~of~County suppliers. Even if a piggybacked contract does contain an MWDBE goal or requirement, and that goal or requirement is actually enforced, there is not a high likelihood that out-of?County suppliers will select MWDBEs within Allegheny County to participate in contract awards (and also no guarantee that piggybacked contract suppliers situated within Allegheny County will also select MWDBES situated within Allegheny County to participate). Consequently, the utilization of piggyback contracting typically does not provide the best opportunity for Allegheny County to achieve its MWDBE program goals. With respect to the four particular contracts referred to on page 3 of the response, we have reviewed the available documentation for those contracts and agree that three of those contracts (#179085, #48583, and #48546) were awarded via a public bid process. However, contract #49395 appears to have been a piggybacking of a City of Pittsburgh contract. We had initially attempted to identify on our own the populations of approved piggybacked contracts and piggybacked contracts with expenditures during our audit period, but the County?s accounting system does not track the procurement method associated with each County contract. Consequently, we needed to obtain those populations from Purchasing. The utilization of piggyback contracting is so commonplace that Purchasing had not tracked the extent to which it was used during our audit period (or for any other period). We requested that Purchasing identify the population of approved piggybacked contracts during our audit period for us, which it did. The aforementioned four contracts were included in the population provided to us by 34 VII. Controller?s Of?ce Comments Applicable to Management?s Response Purchasing. We did not identify any other contracts that were awarded via a public bid process in any of the samples that we actually selected for testing. Finally, our audit report does not indicate that piggyback contracting is always bad for Allegheny County taxpayers, or that the County should completely abandon piggyback contracting. Our primary concern is that adequate controls have not been designed and implemented to ensure that piggyback contracting is a Viable procurement method, and the most appropriate procurement method, for each particular procurement where piggybacking is being utilized. We strongly recommend that the Department of Administrative Services and its Division of Purchasing and Supplies again review the recommendations that we have provided in our audit report and take steps to implement them. 35