Division of Capital Asset Management and Maintenance's Planning, Design, and Construction Activities
March 6, 2013 · Division of Capital Asset Management and Maintenance · Read the full official report (PDF) ↗
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“Based on our audit, we found that DCAMM was administering its construction projects in accordance with applicable laws, rules, and regulations.”
Read the plain-English breakdown
This is a state audit of DCAMM, the Massachusetts agency that manages major public construction and real estate work, covering July 1, 2009 through June 30, 2011.
“In accordance with Chapter 11, Section 12, of the Massachusetts General Laws, the Office of the State Auditor (OSA) conducted an audit of DCAMM’s contracting activities for construction projects for the period July 1, 2009 through June 30, 2011.”
The auditor wanted to see whether DCAMM had good controls over construction contracting, including certification, oversight, and project management, and whether it followed the law.
“Our objective was to evaluate the adequacy of DCAMM’s controls over its contracting process from project initiation to final design and construction, including contractor certification, debarment, and evaluation and project management and oversight, to determine whether the controls DCAMM has established over these activities are adequate to ensure that DCAMM is achieving its goals relative to its construction activities in an economic and efficient manner and in compliance with applicable laws, rules, and regulations.”
DCAMM handles very large amounts of public construction money, so weak controls can affect costs, contractor quality, and public trust.
“During our audit period, DCAMM was administering 138 active construction projects with an estimated cost obligation of $1,906,808,414, ranging in value from $9,183 to $284,834,875.”
For residents, the issue is whether taxpayer-funded buildings are managed carefully, whether contractors are properly vetted, and whether poor performance affects future awards.
“Without the contractor-reported information provided to DCAMM being confirmed, there is the risk that substandard construction work may be performed, or that the safety and rights of construction project workers may not be adequately safeguarded.”
The auditor recommended clearer cost responsibility rules, better verification of out-of-state contractors, and improved contractor evaluation methods.
“DCAMM should establish an effective means of interstate communication and, to the extent possible, verify information provided by potential contractors relative to their certifications.”
The report matters because the construction method DCAMM used was supposed to reduce unexpected costs, but the auditor found DCAMM may not have been getting all the intended risk-reduction benefits.
“Rather, we found that DCAMM frequently uses change orders on CMAR projects and that, as a result, it may not be receiving the risk-avoidance benefits anticipated by the CMAR project management method.”
A change order is a formal project change that can add or remove work and may change the price or deadline.
“Change Order: A document requesting, acknowledging, and approving (or disapproving) work that is either added to or deleted from the project scope, altering the original Guaranteed Maximum Price (GMP) in the contract, the planned completion date, or both.”
2 figure(s) pending source verification - not shown
What the Auditor checked
- Partially Evaluate the adequacy of DCAMM’s controls over its contracting process from project initiation to final design and construction, including contractor certification, debarment, evaluation, project management, and oversight, and determine whether DCAMM was achieving its construction goals economically, efficiently, and in compliance with applicable laws, rules, and regulations.
What the Auditor found
Why it matters: DCAMM may not receive the intended risk-transfer and cost-avoidance benefits of the CMAR method and may pay change orders that should be borne by the construction manager or designer.
Standard: Chapter 149A of the Massachusetts General Laws and CMAR project delivery principles involving a Guaranteed Maximum Price. ( Chapter 149A of the Massachusetts General Laws )
1 recommendation
- DCAMM should modify its policies and procedures to define which types of change orders will be paid by the project owner and which will be the construction manager’s responsibility after the GMP is determined.
Agency response & Auditor reply
Agency: "Contrary to the audit findings, we will pay for the actual work."
Auditor: "Nevertheless, we maintain our contention that these benefits could be maximized further to reduce cost growth on future projects through the establishment of a more uniform and rigorous system for examining and approving change orders."
Why it matters: A contractor that did not meet legal requirements could be certified and awarded a state contract, risking substandard construction work or inadequate protection of worker safety and rights.
Standard: Chapter 149, Section 44D(2), of the General Laws and 810 Code of Massachusetts Regulations 4.04. ( Chapter 149, Section 44D(2), of the General Laws; Chapter 149, Section 44D (1)(a), of the General Laws; 810 Code of Massachusetts Regulations 4.04 )
1 recommendation
- DCAMM should establish an effective way to verify contractors’ legal standing, including prevailing wage, labor regulation, and criminal violation information.
Agency response & Auditor reply
Auditor: "Therefore, we believe that this process would neither be time consuming nor a financial burden to DCAMM."
Why it matters: Contractor performance ratings used for future awards may omit critical information or give passing scores despite significant problems such as late or over-budget projects.
Standard: Chapter 149, Section 44A, of the General Laws and DCAMM contractor evaluation procedures. ( Chapter 149, Section 44A, of the General Laws )
1 recommendation
- DCAMM should perform a preliminary risk assessment before soliciting bids and use project-specific weighting in contractor evaluations.
Agency response & Auditor reply
Agency: "The current contractor evaluation process is being reviewed and the concern raised by this audit will be incorporated in the review."
Verified dollar findings
Identified dollar findings that do not fall in a named band.
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