Press Release  OIG Investigation: Cape Cod Technical School Violated Procurement Laws

Bourne, MA — An investigation by the Office of the Inspector General (OIG) has found that the Upper Cape Cod Regional Technical School (UCT) in Bourne did not comply with state law in procuring certain construction-related services. The OIG found that UCT’s actions in engaging a contractor to build retaining walls strongly suggested that the school “split” bids to circumvent competitive procurement requirements. The OIG also found that UCT failed to document its procurement practices and did not execute written contracts with vendors. Separately, the OIG found that UCT lacks a written vehicle use policy.

“UCT’s improper and often illegal procurement practices, along with the lack of a vehicle use policy, leaves the school in a situation in which it violates Massachusetts state law and further puts the school at risk for fraud, waste, and abuse of public assets for which it has a fiduciary obligation,” Inspector General Jeffrey S. Shapiro wrote in a letter to Robert Fichtenmayer, Chair of the School District Committee. “The OIG makes recommendations for the Upper Cape Cod Regional Vocational-Technical School District Committee to immediately implement.”

The investigation found that UCT Superintendent Roger Forget, as the purchasing agent for the school district, consistently failed to comply with state procurement laws. The law sets forth specific procurement requirements depending on the amount of the contract.  UCT’s “policy” is to solicit three quotes regardless of the cost of the project. That not only violates the law, but the investigation also found that, in fact, UCT awarded contracts to vendors based on a single quote.

Additionally, the OIG found that UCT’s actions in issuing five separate invoices over five months for a retaining wall construction project are strongly suggestive of bid-splitting to keep the project under the procurement law’s $10,000 threshold. That threshold triggers legal requirements to advertise the job, solicit quotes, pay the prevailing wage, obtain OSHA training certification, and restrict the award to the lowest bidder.

The OIG further found that UCT failed to maintain procurement files for work performed at the school by outside vendors. There were no records of quotes obtained from vendors, bid solicitations, advertisements posted to request bids, or any draft or executed contracts with any of the vendors.  

“Those spending the public’s money must proceed openly, fairly, legally, and with supporting documentation,” IG Shapiro said.  “Through its improper procurement practices, UCT failed to uphold its duties as a public entity. Conduct such as that we found in our investigation erodes public confidence in public institutions and undermines the public’s trust.”

Finally, the OIG found that while several UCT employees, including Supt. Forget, have “take-home” privileges of UCT vehicles, UCT does not have a written policy on vehicle use. UCT was unable to produce records indicating when school-owned vehicles were being used and by whom, leaving the school vulnerable to the risks of vehicle misuse or findings of liability.

“The lack of a vehicle use policy, coupled with the absence of records of who is using what vehicle for what and when, shows a total disregard for the responsibility a public entity bears when using the public’s money and equipment,” IG Shapiro said. “These vehicles do not belong to UCT employees.”

Based on its investigative findings, the OIG outlined specific steps the UCT School Committee must take to ensure that the district complies with state procurement laws and institutes use policies for school-owned property. The OIG directed the UCT School Committee to respond within 30 days with its plans to implement the letter’s recommendations. 

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