The State Corporation Commission is essentially the state's fourth branch of government, created by the state constitution and not subject to all the same rules as the rest of Virginia state government. It regulates businesses, including utilities.It seems to be a repetitive story that the more we take the procurement leg irons off any particular government spenders, the more the paranoia rises that we should put hand cuffs on them. No-bid contracts are the chief vehicle for creating this distrust, which is lodged in basic and simple notions of fair and equitable treatment, accountability and transparency.
A 2009 "eFile" contract for technological services with CGI, a major IT company, increased via eight modifications from $2.9 million to $6.9 million. The SCC determined that there was "no outside influence exerted" in the approval of a $28.5 million "Commission 2.0" contract, awarded last year to CGI for a major SCC systems upgrade.
Four former SCC employees specifically said the executive head of the SCC steered contracts to CGI, approved large post-award price increases and rebuffed their concerns over protocol. The latest State audit found no evidence of favoritism in the State Corporation Commission's award of the major technology contract, but repeats a more than 2-year-old suggestion that the commission "clarify what procurement rules and regulations apply to them as an independent department of government."
SCC spokesman Ken Schrad said "Legal considerations remain that must be addressed because of the constitutional nature of the SCC as an independent department of state government." Schrad pointed to multiple reviews, both internal and from the state auditor, that found no evidence of contract tampering.
Labels and Tags
Accountability (67) Adequate documentation (5) ADR in procurement (3) Allocation of risks (5) Best interest of government (11) Best practices (19) Best value (15) Bidder prejudice (11) Blanket purchase agreement (1) Bridge contract (2) Bundling (6) Cancellation and rejection (2) Centralized procurement structure (12) Changes during bid process (13) Clarifications vs Discussions (1) Competence (9) Competition vs Efficiency (28) Competitive position (2) Compliance (32) Conflict of interest (29) Contract administration (25) Contract disputes (1) Contract extension or modification (8) Contract terms (2) Contract types (6) Contract vs solicitation dispute (2) Contractor responsibility (19) Conviction (3) Cooperative purchasing (3) Cost and pricing (13) Debarment (4) Determinations (8) Determining responsibility (33) Disclosure requirements (7) Discussions during solicitation (9) Disposal of surplus property (3) Effective enforcement requirement (34) Effective procurement management (3) Effective specifications (35) Emergency procurement (14) eProcurement (5) Equitable tolling (2) Evaluation of submissions (22) Fair and equitable treatment (14) Fair and reasonable value (23) Fiscal effect of procurement (13) Frivolous protest (1) Good governance (8) Governmental functions (26) Guam (14) Guam procurement law (12) Improper influence (11) Incumbency (12) Integrity of system (29) Interested party (7) Jurisdiction (1) Justification (1) Life-cycle cost (1) Limits of government contracting (5) Lore vs Law (4) market research (6) Materiality (3) Methods of source selection (28) Mistakes (3) Models of Procurement (1) Needs assessment (11) No harm no foul? (8) Other procurement links (14) Outsourcing (32) Past performance (12) Planning policy (33) Politics of procurement (46) PPPs (6) Prequalification (1) Principle of competition (89) Principles of procurement (22) Private vs public contract (15) Procurement authority (5) Procurement controversies series (76) Procurement ethics (17) Procurement fraud (27) Procurement lifecycle (9) Procurement philosophy (15) Procurement procedures (29) Procurement reform (57) Procurement theory (11) Procurement workforce (2) Procurment philosophy (6) Professionalism (17) Protest - formality (1) Protest - timing (11) Protests - general (35) Purposes and policies of procurement (9) Recusal (1) Remedies (16) Requirement for new procurement (4) Resolution of protests (4) Responsiveness (12) Restrictive specifications (4) Review procedures (12) Scope of contract (16) Settlement (2) Social preference provisions (59) Sole source (47) Sovereign immunity (2) Staffing (7) Standard commercial products (1) Standards of review (2) Standing (6) Stays and injunctions (6) Structure of procurement (1) Substantiation (9) Surety (1) Suspension (6) The procurement record (1) The role of price (10) The subject matter of procurement (22) Trade agreements vs procurement (1) Training (32) Transparency (60) Uniformity (5) Unsolicited proposals (2)
Tuesday, August 25, 2015
Who's your Daddy?
State Auditor: SCC contract award OK, but purchasing rules still unclear