Southtowns Record

East Aurora Union Free School District - Procurement (2023M-125)

Government
East Aurora Union Free School District
Posted by publisher
Jan 5, 2024
Kind
State audit
Topics
Audits and oversight

Publisher's summary

The Board of Education (Board) and District officials did not always procure goods and services in a competitive manner. Officials did not update the procurement policy or ensure that employees followed New York State General Municipal Law (GML) when procuring goods and services. As a result, goods and services were purchased without the benefit of competition, resulting in the increased risk that taxpayer dollars were not expended in the most prudent and economical manner.

Original document

Text · page 5 of 13

A district’s board must comply with GML Section 104-b that requires the board
to adopt written policies and procedures governing the procurement of goods
and services that are not subject to statutory bidding requirements, such as
professional services. Such policies and procedures help ensure the prudent and
economical use of public money and guard against favoritism, extravagance,
waste, fraud and abuse. Written procurement policies and procedures also
provide guidance to employees involved in the procurement process and help
ensure that competition is sought in a reasonable and cost-effective manner.
These policies and procedures should indicate when officials must seek
competition and outline procedures for determining the competitive method that
will be used by the district. For example, competitive methods could include
issuing a request for proposal (RFP) or obtaining written or verbal quotes.
The procurement policy may also set forth circumstances when or types of
procurement for which, in the sole discretion of district officials, the solicitation of
alternative proposals or quotes will not be in the best interest of the district.

The purchasing agent should establish procedures for monitoring purchasing and
ensuring all goods and services are procured in the most prudent and economical
manner possible and in compliance with statutes and established policies and
procedures. This includes ensuring officials have obtained responses to an RFP
or the appropriate number of quotes prior to approving a purchase, as well as
maintaining adequate documentation to support and verify the actions taken.

Officials Did Not Always Comply with Competitive Bidding
Requirements
We reviewed 17 purchases totaling approximately $4.9 million that were subject to
the competitive bidding requirements of GML Section 103. We determined that 13
purchases totaling $4.7 million were properly procured. However, two purchases
totaling $90,718 were obtained through a GPO but officials did not perform a cost-
benefit analysis to determine whether procuring the goods and services through
a GPO was cost effective and for two purchases totaling $63,433 officials did not
comply with competitive bidding statutes. These purchases included 2,000 laptop
cases totaling $35,780 and copy paper totaling $27,653.

The Director of Informational and Instructional Technology, who approved the
order for the laptop cases, stated that because they were purchased using
federal grant funding, she did not consider that the purchase should have been
competitively bid. However, that is not an exception for competitively bidding
the purchase. The Assistant Director of the Buildings and Grounds Department
(Assistant Director), who ordered the copy paper, stated that the paper was
needed quickly, and because the purchase was made through three separate
orders, department officials did not realize that the aggregate amount would be
over $20,000 and required competitive bids. However, had officials considered

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