With the emphasis for sunshine in the federal government, I was sorry to hear that Monday's Montgomery County Council Education Committee cancelled its meeting. I was interested in learning how how those lovely but expensive ($19 million) whiteboards with fancy egg clickers and a limited life span wound up in classrooms across Montgomery county.
While you are waiting for the County Council to weigh in, here is my analysis.
Who authorized the payments? Look at the lease dated June 16, 2008 (http://www.parentscoalitionmc.com/uploads/MPIAProm2600.pdf) - its MCPS Chief Operating Officer, Larry Bowers.
Can a Chief Operating Officer do that? Not according to the the MCPS procurement manual.
Procurement Authority
The superintendent of schools delegates' authority to the director of the Division of Procurement to enter into contracts for the procurement of goods and services as the centralized purchasing agency for MCPS. The Board shall award all contracts that exceed delegated dollar thresholds. The director of the Division of Procurement is authorized to delegate purchasing authority to procurement buyers for the purchase of specified goods and/or services.
The director of the Division of Procurement has the responsibility and authority to negotiate, place, and (when necessary) modify invitations to bids, purchase orders, or other awards granted or issued by the Board. Assigned buyers may assist the director of the Division of Procurement in discharging these responsibilities. Excepting the superintendent, no other county public school official or employee is authorized to order supplies, materials, or services; enter into purchase negotiations or contracts; or in any way obligate MCPS for any indebtedness. Any purchases ordered or contracts made that are contrary to these provisions and authorities shall be of no effect and void, and MCPS shall not be bound thereby. (Review MCPS Regulation DJA-RA, Procurement of Equipment, Supplies and Contractual Services).
Also from the Procurement manual:
20.0 Unauthorized Purchases
Whenever any officer or employee of MCPS purchases or contracts for any supplies or contractual services contrary to the provision of the MCPS Procurement Manual, such purchases or contracts shall be void and shall not be considered to be an obligation of the Montgomery County Board of Education (Review, MCPS Policy DJA, MCPS Procurement Practices).
**************
Did MCPS pull off one of the biggest freebies in educational procurement?
Here is the link to the County Council Packet: http://www.montgomerycountymd.gov/content/council/pdf/agenda/cm/2009/090202/20090202_ED01.pdf
I hope that doesn't disappear too.
"The Board shall award all contracts that exceed delegated dollar thresholds."
ReplyDeleteBoard of Education President Nancy Navarro was responsible for signing off on contracts over $25,000. Shouldn't it have been her signature on the Promethean lease under the "Board of Education - Lessee" line instead of a MCPS employee?
Hopefully we don't end up the same as Arizona did with backroom dealings with this company. Investigate by the Attorney General no less
ReplyDeletehttp://www.azstarnet.com/metro/278117
The district does not seem to recognize that accepting gifts and gratuities from vendors is improper," the report states.
"It does not matter whether the gifts are from Trillion, a prospective vendor, or from Promethean, a current vendor. Accepting gifts and gratuities violates district policy and Arizona's conflict-of-interest statutes."