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10-28-2015 - 15-101 - Contract Performance Audit - Citywide – B&D Industries, Inc.

Numerous contract requirements, which were not met by B&D, remained unnoticed by the City’s user departments. As a result, the City was overcharged on some invoices, cost estimates were not consistently obtained prior to the performance of services, subcontractors performed work on City facilities without City approval, important information was not provided consistently or maintained by user departments, and the City’s risk was not properly mitigated for large projects. Additionally, formal authorization to start work was not provided to B&D timely by City departments. DFAS-Purchasing and DMD should work together to provide information needed by City user departments to increase compliance with contract terms.

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Summary

From July 1, 2010 to June 30, 2015 the City paid B&D more than $16.4 million for work performed on all of its contracts; both individually bid projects and On-Call services. The City of Albuquerque’s (City) management of the Electrical and HVAC On-Call Service contracts should be improved. City user departments accepted firm fixed-price quotes from B&D in place of cost estimates. The City user departments did not consistently issue Contract Release Orders (CRO) to B&D prior to the beginning of work. Invoices were missing documentation for materials used and pricing, support for labor charges, and City work order numbers. Subcontractors were used without the City’s approval; and documentation of performance and material/labor bonds was not available. One hundred percent of the invoices sampled were missing at least one item required by the contracts. The City was overcharged $23,936 on the invoices sampled and should request a refund from B&D.

Recommendations & Benefits

By enforcing contract requirements the City will be able to:

  • Better manage its costs for On-Call services,
  • Ensure that funds are properly encumbered by issuing CROs prior to work starting,
  • Monitor the contracts more effectively,
  • Mitigate risks associated with use of unauthorized subcontractors, and
  • Ensure the invoices include accurate charges.

DFAS and DMD agree that additional improvements are needed to increase On-Call contract compliance. DFAS and DMD have taken steps to improve On-Call Contract language, and increase compliance by City departments.