Report 2007-111 Recommendations
When an audit is completed and a report is issued, auditees must provide the State Auditor with information regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year. Additionally, Senate Bill 1452 (Chapter 452, Statutes of 2006), requires auditees who have not implemented recommendations after one year, to report to us and to the Legislature why they have not implemented them or to state when they intend to implement them. Below, is a listing of each recommendation the State Auditor made in the report referenced and a link to the most recent response from the auditee addressing their progress in implementing the recommendation and the State Auditor's assessment of auditee's response based on our review of the supporting documentation.
Recommendations in Report 2007-111: California Highway Patrol: It Followed State Contracting Requirements Inconsistently, Exhibited Weaknesses in Its Conflict-of-Interest Guidelines, and Used a State Resource Imprudently (Release Date: January 2008)
|Recommendations to General Services, Department of|
To promote fair and appropriate competition for procurements General Services should verify that the lists of bidders that state agencies supply it reflect potential bidders that are able to bid according to the requirements specified in the bid.
To ensure that state agencies use the sole-brand procurement method appropriately and not in a manner to avoid the stricter justification requirements for noncompetitive procurements, General Services should study the results from its review procedures related to sole-brand purchases. Based on the results of its study, General Services should assess the necessity of incorporating specific information on sole-brand purchases into its existing procurement reporting process to evaluate how frequently and widely the sole-brand purchase method is used.
To ensure that state procurements are competitive whenever possible, General Services should revise Section 3555 to require that state agencies address all of the factors listed in that section when submitting justification statements supporting their purchase estimates for noncompetitive or sole-brand procurements. In addition, if General Services believes that the law exempting provisions in the administrative manual and the contracting manual related to competitive procurement requires clarification to ensure that the requirements in those publications are regulations with the force and effect of law, General Services should seek legislation making that clarification.
General Services should continue negotiating with BMW Corporation regarding the canceled contracts for motorcycles to develop a settlement agreement that is in the State?s best interest.
General Services should also ensure that all of its employees involved in making decisions on contracts complete the necessary transmittals and affidavits and that the agency retains these documents in the procurement files as evidence of conflict?of?interest screening.
|Recommendations to Highway Patrol, California|
To ensure that it protects the State?s interest and receives the best products and services at the most competitive prices, the CHP should provide a reasonable and complete justification for purchases in cases where competition is limited, such as sole-brand or noncompetitive bidding purchases. Further, it should plan its contracting activities to allow adequate time to use the competitive bidding process or to prepare the necessary evaluations to support limited-competition purchases.
To ensure that it protects the State?s interest and receives the best products and services at the most competitive prices, the CHP should provide a complete analysis of how it determines that the offered price is fair and reasonable when it chooses to follow a noncompetitive bid process.
To promote fair and appropriate competition for procurements the CHP should ensure that it fully documents its process for verifying that potential bidders are able to bid according to the requirements in the bid solicitation document.
To ensure that it informs employees about and protects itself against potential conflicts of interest, the CHP should include as designated employees for filing the Form 700, all personnel who help to develop, process, and approve procurements.
To ensure that it informs employees about and protects itself against potential conflicts of interest, the CHP should ensure that it documents, approves, and reviews secondary?employment requests annually in accordance with its policy.
To ensure that it informs employees about and protects itself against potential conflicts of interest, the CHP should revise its employee statement regarding conflicts of interest to include employees involved in all stages of a procurement.
To ensure that it informs employees about and protects itself against potential conflicts of interest, the CHP should reexamine its reasons for developing the conflict-of-interest and confidentiality statement for vendors, and ensure that this form meets its needs.
To ensure that the use of state resources of a discretionary nature for purposes not directly associated with the CHP?s law enforcement operations receives approval through the Office of the Commissioner, the CHP should develop procedures for producing, approving, and retaining written documentation showing approval for these uses.