Southtowns Record

Eden Central School District – Capital Project Management (2024M-83)

Government
Eden Central School District
Posted by publisher
Oct 4, 2024
Kind
State audit
Topics
Audits and oversight, Budget and taxes, Roads and traffic

Publisher's summary

Determine whether the Eden Central School District (District) Board of Education (Board) and District officials provided sufficient oversight of and managed the District’s 2022 capital project (project) in a transparent manner.

Original document

Text · page 5 of 17

$35,000.2 If an original construction contract is subject to competitive bidding and district officials and a
contractor are considering adding work that materially varies from the original contract specifications,
then officials should subject the additional work to a competitive process. By doing so, unsuccessful
bidders and potential additional vendors are given the opportunity to compete on the additional work.

When determining whether the competitive bidding dollar threshold will be exceeded, the board must
consider the aggregate amount reasonably expected to be spent on all purchases that are similar or
essentially interchangeable within a 12-month period, commencing on the date of purchase, whether
the purchases are from a single vendor or multiple vendors. If, in the aggregate, the purchase contract
or contract for public work exceeds the dollar threshold, competitive bidding is required. Purchase
contracts or public works contracts may not be artificially divided by making a series of purchases for
lesser amounts to avoid procurement requirements.

Because the board authorizes construction contracts, it also should review and approve proposed
changes to the contracts. Change orders should be presented to the board for approval in a timely
manner and reviewed promptly to ensure each change order is formally approved before any additional
work is started. All change orders should be properly approved by district officials, including the board
president, as required by SED. In the interest of transparency, the board should document its review
and approval of change orders in its meeting minutes.

SED requires certain additional reporting on change orders that exceed the statutory competitive
bidding threshold of $35,000. In these cases, on the change order certification, the district must include
an explanation of why it is in the best interest of the district and the public to award a change order
instead of placing the work out for public bid.

Change orders should be limited to those items needed to implement the project that was originally
proposed by the district and approved by district voters and the SED Commissioner. Change orders
for work not included in the original plans and specifications might not be approved by SED and,
consequently, might not be eligible for building aid. Therefore, it is a best practice for districts to consult
with SED before seeking approval for large change orders.

Officials Could Be More Transparent When Presenting Project Details to the Public
We identified instances where the Board and District officials could have been more transparent when
presenting the project’s scope to the public. While the project’s total costs are not expected to exceed
the voter-approved budget of $15.9 million, officials had an opportunity to complete the project for less
than the approved amount. However, officials completed additional work, adjusted the project’s scope
and did not inform the voters of the choices they made.

The District mailed a newsletter to residents that contained a general description of the work to be
completed, and the project proposition was included in the Board’s meeting minutes. The proposition
included a list of items to be completed and description of how the project would be funded. It also

2 GML, Section 103

  Of f ic e of t he New York State Comptroller  3