oversight

Virgin Islands Department of Education's Administration of Property Purchased with Federal Funds..

Published by the Department of Education, Office of Inspector General on 2009-08-17.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                                     UNITED STATES DEPARTMENT OF EDUCATION
                                                          OFFICE OF INSPECTOR GENERAL

                                                                                                                                Audit Services
                                                                                                                                   Region IV

                                                                          August 17, 2009
                                                                                                                      Control Number
                                                                                                                     ED-OIG/A04I0042

Honorable John P. deJongh, Jr.
Governor of the Virgin Islands
Office of the Governor
21-22 Kongens Gade
St. Thomas, VI 00802

Honorable Dr. Laverne Terry
Commissioner
Virgin Islands Department of Education
44-46 Kongens Gade
St. Thomas, VI 00802

Dear Governor deJongh/Dr. Terry:

This Final Audit Report, entitled Virgin Islands Department of Education’s Administration of
Property Purchased with Federal Funds, presents the results of our audit. Our audit objectives
were to determine whether the Virgin Islands Department of Education (VIDE) had adequate
policies and procedures in place to account for property purchased with U.S. Department of
Education (Department) funds; properly accounted for the property purchased; and delivered the
property purchased to the appropriate locations. The scope of the audit was Fiscal Year (FY) 2005
grants. 1



                                                         BACKGROUND


In 1998, the Department designated the Virgin Islands (VI) a “high-risk” grantee under 34 Code of
Federal Regulations (C.F.R.) § 80.12 because of a history of unsatisfactory performance. As a
result, on September 23, 2002, the Department entered into a 3-year comprehensive Compliance
Agreement with the VI. The Compliance Agreement contained several key components to be
satisfied such as Program Planning, Design and Evaluation; Financial Management; Human
Capital; and Property Management and Procurement.



1
 VIDE’s grants are awarded 2 years behind schedule. As a result, the FY 2005 grant was available for expenditure in
FY 2007, or on October 1, 2006.
    The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational
                                                      excellence and ensuring equal access.
Final Report
Control Number ED-OIG/A04I0042                                                                    Page 2 of 13

Under the Property Management and Procurement component of the Compliance Agreement, the
VIDE was required to implement an inventory system that complied with Federal regulations. The
system was to include steps for tagging, tracking, and delivering to the appropriate location all
property purchased with Federal funds within 3 days.

VIDE did not comply with the terms of the Compliance Agreement. As a result, the Department
required the VI to hire a third-party fiduciary to manage all grant funds awarded to VIDE. In
August 2006, VIDE signed a 32 month, $7.8 million contract with Alvarez & Marsal Public Sector
Services (A&M) to provide the required third-party fiduciary services, starting with the FY 2004
grants.

As the third-party fiduciary, A&M was required to manage property purchased by VIDE with
Department funds in excess of $500 in accordance with the requirements of 34 C.F.R. Using
FY 2005 grant funds, A&M processed 1,683 purchase orders totaling $15,417,380 on behalf of
VIDE.



                                            AUDIT RESULTS


VIDE did not have adequate policies and procedures in place and an effective property management
system to properly account for property purchased with Department funds. As a result, it did not
properly account for property purchased with a total value of $298,636. We located 319 of 345
items reviewed at the respective locations. As such, VIDE delivered those items to the appropriate
locations, however, we could not determine whether the property was delivered in a timely manner
and we were unable to locate 4 items valued at $4,304. 2

In addition, A&M did not manage the property purchased by VIDE with Department funds in
accordance with contract requirements; and the Government of the Virgin Islands (GVI) did not
provide proper oversight of A&M’s contract to ensure that it complied with all the contract
deliverables.

In its comments to the draft report, GVI stated that VIDE concurred with Finding No. 1 and had
implemented corrective measures. In addition, we initially reported 26 items as missing because we
were unable to locate them during our audit. In an attachment to GVI’s comments, VIDE provided
additional documentation accounting for 18 of the 26 items, and provided evidence to support that
another 4 had been stolen, leaving 4 items that remained missing. As a result, we revised Finding
No. 1 and Recommendation 1.1 to reduce our questioned costs for missing items from $43,077 to
$4,304. GVI also concurred that the third-party fiduciary did not manage the property pursuant to
the contractual agreement. However, it did not concur that it did not provide proper oversight of the
third-party fiduciary’s contract. GVI provided no additional information to support its assertion that
it had provided proper oversight, but rather acknowledged that it did not initially have
adequate/dedicated resources to provide the type of oversight necessary for a contract of that

2
 During our audit, we were unable to locate 26 items valued at $43,077. In its comments to the draft report, the
Government of the Virgin Islands (GVI) provided additional documentation, reducing the number of items that we were
unable to locate to 4 items valued at $4,304. As such, we revised the numbers in finalizing this report based on the
documentation provided.
Final Report
Control Number ED-OIG/A04I0042                                                         Page 3 of 13
magnitude and scope. As a result, we did not change Finding No. 2 or any related
recommendations. GVI’s comments are summarized after the recommendations section of each
finding. The full text of its comments to the draft report is included as an attachment to the report.
Copies of the attachments that were included with the response are available upon request.

FINDING NO. 1 – VIDE Did Not Have Adequate Policies and Procedures to Properly
                Account for Property

VIDE did not have adequate policies and procedures in place to properly account for property
purchased with Department funds. Specifically, we found that VIDE lacked adequate controls over
recording inventory; processing shipments; reporting stolen equipment; and safeguarding property.
As a result, VIDE did not properly account for $298,636 of property purchased with Department
funds. The lack of adequate controls created opportunities for mismanagement and theft of the
property purchased.

The September 23, 2002, Compliance Agreement required VIDE to develop and implement an
effective property management system that complied with Federal regulations. Those regulations,
contained in 34 C.F.R § 80.32, require that a physical inventory be taken and reconciled with
property records every 2 years and that property records be maintained that include a description of
the property, serial or other identification number, source, acquisition date, cost, location, and use
and condition of the property. The regulations also require that a control system be developed to
ensure adequate safeguards to prevent loss, damage, or theft of property.

VIDE did not implement an effective property management system that complied with Federal
regulations. As a result, of the 345 items reviewed, VIDE did not properly account for 70 items
valued at $298,636, or 20 percent of our sample. Of the 70 items, 4 were laptops valued at $4,304
that were missing from the locations we visited, and 66 items valued at $294,332 were classified as
unaccounted property. 3 The unaccounted items consisted of 20 items valued at $13,656 that were
recorded as received in the purchase orders but were not recorded in VIDE’s inventory records,
9 items valued at $9,379 that were not recorded in A&M’s inventory records, 4 items valued at
$6,380 that were not tagged, 4 and 33 items valued at $264,917 for which there were no inventory
records. The unaccounted items included laptops, printers, promethean boards, and projectors.

                            Summary of Missing and Unaccounted ItemsNote 1
               Items                                     Number of Items                      Value
               Missing Items                                   4                              $4,304
               Unaccounted Items –
               - Not Recorded in VIDE’s
                  Inventory Records                               20                         $13,656
               - Not Recorded in A&M
                  Inventory Records                                9                         $9,379
               - Not Tagged                                        4                         $6,380
               - No Inventory Records                             33                       $264,917
               Total Unaccounted Items                            66                       $294,332
               Total                                              70                       $298,636
              Note 1: Exhibit 1 details all the missing and unaccounted items and their respective value.
3
  We classified all items not properly reconciled to VIDE’s and/or A&M’s inventory records and items with no
inventory records as unaccounted property.
4
  A property tag is a unique identifying number affixed to each piece of equipment.
Final Report
Control Number ED-OIG/A04I0042                                                         Page 4 of 13

Prior to January 2008, VIDE used the procedures contained in the Department of Property and
Procurement Manual and United States Virgin Islands Department of Education’s Procurement
Guidance for Federal Grants. However, these manuals did not contain any guidelines for property
and inventory management. VIDE enacted property management procedures in January 2008, but
the procedures were inadequate because they did not contain requirements for conducting a physical
inventory, maintaining and reconciling property records, reporting stolen equipment, and
safeguarding and securing property.

In August 2008, VIDE developed new equipment policies and procedures to further address
inventory issues and comply with Federal regulations and local requirements. These included –
conducting physical inventories at least once every 2 years; developing adequate procedures to
maintain the property in good condition; transferring and disposing of equipment; and reporting
stolen, missing, or damaged equipment. However, VIDE has not yet implemented these
procedures.

We identified the following issues regarding VIDE’s controls over recording inventory; processing
shipments; reporting stolen equipment; and safeguarding property. These issues have been
identified previously in two prior OIG audits. However, VIDE has not addressed the
recommendations from the previous audit reports.

Recording Inventory

VIDE had no central repository of inventory records, and the records it had were inaccurate and not
reconciled to property records. In order to determine items ordered, received, and inventoried at the
12 schools and offices selected for review, we had to obtain property records from three different
sources – A&M’s financial records, A&M’s purchase order inquiry reports, and VIDE’s warehouse
inventory records.

Processing Shipments

VIDE did not have an adequate system in place for processing shipments when they were received
in the warehouse. Although the purchased property we located was delivered to the appropriate
locations, we found that items received routinely sat on the warehouse floor unattended for long
periods of time until a receiving officer processed the shipments; and there was no deadline for
recording and tagging the property. A warehouse employee acknowledged that processing
shipments was a vulnerable area, especially at the beginning of every school year when the
warehouse receives a high volume of goods to supply the schools. The risk of loss is further
increased by the issues identified below regarding unreported stolen equipment and the lack of
safeguards and security in the warehouse.

Reporting Stolen Equipment

VIDE did not have a policy for reporting stolen equipment and VIDE’s new property management
procedures, which have not yet been implemented, do not contain requirements for reporting stolen
equipment. During our site visit to the VIDE warehouse, we found that the warehouse had not been
notified that two laptops had been stolen from a school reviewed. VIDE warehouse officials were
unaware that the items had been stolen even though the school had filed a police report. In addition,
VIDE did not have a warehouse tracking system to track inventory and property movement between
receipt and delivery to the final destination. During our site visits, we were told by officials at two
Final Report
Control Number ED-OIG/A04I0042                                                        Page 5 of 13

schools that three laptops had been transferred to the Information Technology (IT) Division for
repair. However, VIDE did not have any documentation to verify the transfer. Although we
attempted to locate the laptops at the IT Division, we were not able to find them.

Safeguarding Property

VIDE did not have an internal control system to safeguard and secure property. During our visits to
the warehouse, we observed non-warehouse personnel accessing the warehouse through a hallway
from adjoining offices, using the warehouse as a shorter route to an adjoining parking lot. The
unrestricted access exposed property to an uncontrolled number of people. Although VIDE
officials indicated that computer equipment was kept in a locked security cage, we found that not to
be the case. During a tour of the warehouse, we observed that the security cage was unlocked and
accessible to anyone entering the warehouse.




Unlocked security cage at VIDE’s warehouse containing electronic equipment

We also noted that the warehouse was in poor condition. It was disorganized, cluttered, and not air-
conditioned. The extreme heat increased the risk of damage to computers and other sensitive
equipment.

Without complete and accurate inventory records; prompt shipment processing, including
recording, tagging, and delivering the property to the appropriate locations; procedures for reporting
stolen equipment and tracking inventory; and proper safeguarding of property, the property
purchased with Department funds is at risk of being lost, stolen, or damaged.
Final Report
Control Number ED-OIG/A04I0042                                                         Page 6 of 13

Recommendations:

We recommend that the Assistant Secretary for the Office of Elementary and Secondary Education
(OESE) require VIDE to –

1.1   Account for all the missing items, or return to the Department $4,304 for the value of the
      property;

1.2   Implement adequate controls to ensure that property purchased with Department funds is
      properly and accurately recorded;

1.3   Conduct a full physical inventory, establishing the total cost of lost property and reconciling
      the results with property records to ensure that all property is accounted for;

1.4   Return to the Department funds equal to the value of all property unaccounted for after the
      completion of a full physical inventory;

1.5   Develop and implement policies and procedures for promptly processing shipments received
      in the warehouse;

1.6   Implement a policy for reporting stolen equipment to the appropriate authorities;

1.7   Implement a warehouse tracking system; and

1.8   Implement internal controls to safeguard and secure property in a suitable environment.

GVI Comments

GVI responded that VIDE concurred with our finding and had implemented corrective measures.
Specifically, GVI stated that

1. VIDE accounted for $32,692, or 18 of the 26 items valued at $43,077. Of the remaining 8
   items, 4 items valued at $6,081 were stolen and 4 items with an aggregate value of $4,304 could
   not be located.
2. In FY 2008, VIDE implemented its “Property, Procurement, and Auxiliary Services Standard
   Operating Procedures Manual” providing guidance and direction in the proper handling of
   inventory.
3. VIDE was conducting physical inventories at all schools and upon completion, the results would
   be reconciled with the property records.
4. Upon completion of the inventories, VIDE would have an assessment of the value of the
   property that could not be accounted for, so the GVI could have a better determination about
   returning funds to the Department and/or explore other feasible options or arrangements that are
   mutually agreeable to both parties, in order to address recommendation 1.4. Further, GVI stated
   that it intended to complete the physical inventory every 2 years in accordance with EDGAR.
5. VIDE developed and implemented a policy/procedure for the distribution of equipment received
   by its Division of Property, Procurement, and Auxiliary Services. VIDE is attempting to
   process all items within 5 days of arrival at the warehouse – inventoried, tagged, and delivered
Final Report
Control Number ED-OIG/A04I0042                                                        Page 7 of 13

   to the designated locations, to ensure that items are processed and distributed to each school on
   a weekly basis.
6. VIDE implemented a policy for reporting stolen equipment to the appropriate authority.
7. VI addressed tracking equipment in its Equipment Distribution and Location Policy and its
   Property, Procurement, and Auxiliary Services Standard Operating Procedures. The weekly
   warehouse delivery schedule was also updated/revised.
8. VIDE fully implemented a security system that provides surveillance and monitoring services
   with cameras and monitors for all schools and warehouses in all districts. In addition to the
   security system, padlocks were provided for the warehouse gates, and VIDE identified
   responsible persons in charge of ensuring that the gates are locked and secured. Further, a
   security guard was stationed at the warehouse in St. Thomas and St. Croix, and VIDE was going
   to hire a locksmith to configure the security gates of both warehouses so that they both close and
   lock automatically.

OIG Response

We revised the finding and recommendation 1.1 to reduce our questioned costs from $43,077 to
$4,304 to adjust for the 18 items that VIDE located valued at $32,692 and the 4 items that were
stolen valued at $6,081. However, despite GVI’s assertion that VIDE had implemented corrective
actions to address our concerns, we did not modify the remaining recommendations based on the
following information.

According to an A&M representative, there are issues developing in the current inventory scanning
process and the information was not reconciling. He stated that the warehouse manager is
e-wasting 5 property, but it does not appear that the property is always being scanned before removal
from the warehouse, which may be affecting the inventory; and the warehouse manager is not
tagging all new assets. He stated that he intends to go back and re-inventory to get a good credible
starting point for the property on hand.

In addition, we are not convinced that adequate controls have been implemented to address our
concerns for proper safeguarding of property purchased with Department funds. For example, GVI
stated that VIDE had fully implemented a security system that included locked gates, a monitored
surveillance system, and a security guard stationed at the warehouse. However, the A&M
representative stated that he routinely passes by the warehouse and that the gates are not locked; the
surveillance system is not monitored; and the security guard routinely naps in the back. Without
adequate safeguards in place, we maintain that property remains at risk of being lost, stolen, or
damaged.

FINDING NO. 2 – The Third-Party Fiduciary Did Not Manage Property in Accordance
                             with its Contractual Requirements

VIDE’s third-party fiduciary, A&M, did not manage the property purchased by VIDE with
Department funds in accordance with its contractual requirements. In addition, the VI government
did not provide proper oversight of the third-party fiduciary contract to ensure that A&M complied
with all the contract deliverables.


5
    E-waste is disposal of property and removal from the islands.
Final Report
Control Number ED-OIG/A04I0042                                                          Page 8 of 13

According to 34 C.F.R. § 80.32, a control system must be developed to ensure adequate safeguards
to prevent loss, damage, or theft of the property. Further, any loss, damage, or theft shall be
investigated. In its contract with VIDE to provide third-party fiduciary services, A&M was
required to manage property valued at $500 or more in accordance with the requirements of
34 C.F.R. However, A&M did not develop a property management system to ensure that
equipment purchased on behalf of VIDE with Department funds was properly managed and, as
such, did not adhere to the requirements of 34 C.F.R. Instead, A&M allowed VIDE to continue to
manage property in the same manner as VIDE had done prior to the A&M contract.

The purpose of the third-party fiduciary contract was to provide greater accountability of
Department funds awarded to VIDE, a designated high-risk grantee. In addition, VIDE had been
cited in two prior audits from the Department for having almost $3 million in missing inventory.
Therefore, A&M should have exercised greater prudence to ensure that it fulfilled its contractual
requirements. Allowing VIDE to continue the same practices that occurred prior to the third-party
fiduciary contract defeated the purpose of the contract and was contrary to the goals of the
Department. As a result, equipment purchased with Department funds remained subject to the same
level of increased risks of theft, abuse, and misuse that occurred prior to the third-party fiduciary
contract.

Further, GVI was responsible for contract oversight, having established the contract with A&M. As
such, GVI was responsible for ensuring that A&M complied with all contract deliverables.
Although VIDE officials had raised concerns regarding the oversight of the third-party fiduciary
contract, GVI did not provide the proper oversight of the contract to ensure that all deliverables
were met, including those related to property management. As a result, the contractor did not
manage the property in accordance with contract requirements and did not ensure that property
purchased with Department funds was properly accounted for, as detailed in Finding No. 1.

Recommendations:

We recommend that the Assistant Secretary for OESE require the GVI to –

2.1   Ensure that A&M and any future third-party service providers implement property and
      inventory management procedures that comply with 34 C.F.R; and

2.2   Properly monitor future third-party contracts to ensure that all deliverables are met.

GVI Comments

GVI responded that it concurred that the third-party fiduciary did not manage the property pursuant
to the contractual agreement. However, GVI added that the third-party fiduciary’s response to the
draft report 1) contended that it made significant efforts to achieve the deliverable and any failure to
fully achieve it was not for lack of effort; 2) suggested that there was uncertainty within GVI
regarding the third-party fiduciary’s role in establishing property management policy; 3) noted that
it provided consultative input regarding the current on-going physical inventory; 4) committed to
working closely with VIDE to ensure the accuracy of the inventory and the fiduciary’s role in
establishing property management policy; and 5) indicated that it intended to fully satisfy the
contract deliverable before the end of the contractual engagement.
Final Report
Control Number ED-OIG/A04I0042                                                                      Page 9 of 13

GVI did not concur that it did not provide proper oversight of the third-party fiduciary’s contract.
However, GVI acknowledged that it did not initially have adequate/dedicated resources to provide
the type of oversight necessary for a contract of that magnitude and scope. According to GVI,
circumstances beyond its control precluded it from ensuring the third-party fiduciary’s compliance
with all of the contract deliverables. GVI added that it expended a significant amount of effort and
time addressing contractual requirements. GVI stated that from the inception of the contract, it had
concerns about the contract language, which was overly broad, ambiguous, subject to different
interpretations, and contradictory in some parts. This led to disagreements between GVI and the
third-party fiduciary, which required the Department to resolve disputes. According to GVI, the
disputes were not resolved in a timely manner. GVI stated that it hired a Project Manager and
dedicated 2 positions in its commitment to improving the compliance monitoring process.

OIG Response

GVI provided no additional information to support its assertion that it had provided proper
oversight. Although GVI recently added a Project Manager and two additional positions to monitor
contract compliance, GVI acknowledged that it did not initially have adequate/dedicated resources
to provide the type of oversight necessary for a contract of that magnitude and scope. As a result,
we did not change Finding No. 2 or any related recommendations.



                      OBJECTIVES, SCOPE, AND METHODOLOGY


Our audit objectives were to determine whether VIDE-St. Thomas properly accounted for
property purchased with Department funds, had adequate policies and procedures in place to
account for the property purchased, and delivered the property purchased to the appropriate
locations. The scope of the audit was FY 2005 grants. We performed our fieldwork at
VIDE in St. Thomas and St. John between April 2008 and March 2009.

We selected a judgmental sample of 22 purchase orders 6 valued at more than $3,500 totaling
$635,410 obtained from A&M’s financial records to determine whether VIDE had adequate
inventory controls. From this sample, we reviewed items valued at more than $250 and computer
monitors and digital cameras valued at more than $150, consisting of a total of 345 property items. 7
In addition, we reviewed the shipment of the property that was received at the beginning of the
2007 school year (between July and October), consisting of 68 items from 11 of the 22 sampled
purchase orders, to determine whether the property purchased was delivered to the appropriate
locations. 8

We conducted site visits to 17 schools (15 in St. Thomas and 2 in St. John); the administrative
offices of Special Education; the Office of Planning, Research, and Evaluation; and the Office of


6
  The purchase orders judgmentally selected were based on information that came to our attention during the audit.
7
  VIDE and A&M did not reconcile inventory and receipt information and did not maintain complete inventory
information for the purchase orders. As a result, the exact amount of property received could not be determined and
verified with total accuracy.
8
  The value of the equipment purchases on the 11 purchase orders totaled $87,661.
Final Report
Control Number ED-OIG/A04I0042                                                     Page 10 of 13

Curriculum, Assessment, and Technology, to determine whether VIDE delivered the equipment to
the appropriate locations.

To complete our audit objectives, we –

   •   Interviewed VIDE’s Deputy Commissioner of Fiscal and Administrative Services, the
       Director of Federal Grants, the Federal Grants Manager, the Director of Business Affairs,
       the Director of Property, Procurement, and Auxiliary Services, the Territorial Procurement
       Specialist, the Warehouse Manager, and receiving officers to determine the property
       management procedures and inventory system used by VIDE;
   •   Reviewed VIDE’s property and inventory management procedures for equipment purchased
       with Department funds to determine whether those procedures were adequate to protect the
       equipment purchased;
   •   Reviewed the property management procedures that A&M developed to determine whether
       they had implemented a property and inventory system, as required under its contract with
       VIDE;
   •   Interviewed A&M officials to determine the property management procedures used in
       accounting for property purchased with Department funds;
   •   Reviewed financial reports provided by A&M to determine the type of equipment
       purchased, cost, quantity ordered, and amount received;
   •   Reviewed purchase order inquiry reports from A&M’s financial management system to
       determine the items and amount received for each purchase order line item;
   •   Obtained inventory records from VIDE to determine the content of property records and the
       location of the equipment;
   •   Conducted site visits to verify whether the equipment was delivered to the appropriate
       locations;
   •   Verified the equipment, property tag numbers, and serial numbers, to determine whether
       they agreed with VIDE’s inventory records;
   •   Obtained signed copies of the receiving reports from the schools and offices to determine
       the date the property was received; and
   •   Visited VIDE’s IT Division to verify whether property was at the location for repair.

We conducted this performance audit in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit to obtain sufficient,
appropriate evidence to provide a reasonable basis for our findings and conclusions based on our
audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objectives.



                             ADMINISTRATIVE MATTERS


Statements that managerial practices need improvements, as well as other conclusions and
recommendations in this report, represent the opinions of the Office of Inspector General.
Determinations of corrective action to be taken will be made by the appropriate Department of
Education officials in accordance with the General Education Provisions Act.
Final Report
Control Number ED-OIG/A04I0042                                                       Page 11 of 13

If you have any additional comments or information that you believe may have a bearing on the
resolution of this audit, you should send them directly to the following Department of Education
official, who will consider them before taking final Departmental action on this audit:

                                      Thelma Melendez
                                      Assistant Secretary
                                      Office of Elementary and Secondary Education
                                      U.S. Department of Education
                                      400 Maryland Ave., SW
                                      Washington D.C. 20202

It is the policy of the U.S. Department of Education to expedite the resolution of audits by initiating
timely action on the findings and recommendations contained therein. Therefore, receipt of your
comments within 30 days would be appreciated.

In accordance with the Freedom of Information Act (5 U.S.C. § 552), reports issued by the Office of
Inspector General are available to members of the press and general public to the extent information
contained therein is not subject to exemptions in the Act.

                                              Sincerely,

                                              /s/

                                              Denise M. Wempe
                                              Regional Inspector General
                                              for Audit
Final Report
Control Number ED-OIG/A04I0042                                     Page 12 of 13


                                      Exhibit 1

                                    Missing Items


Item                                Quantity          Unit Cost        Total Cost

Lenovo Laptop (15")                    1                   1,319              1,319

Lenovo - Think Pad Notebook            3                    995               2,985

    Total                              4                                $     4,304


                                  Unaccounted Items


Item                                Quantity          Unit Cost        Total Cost

Laptop (1GB)                           20             $     550    $         11,000

Laptop                                 1                   1,197              1,197

HP Desktop Computer                    3                    649               1,947

HP Printer- Color Laserjet 3800        1                   1,003              1,003

2000 Data Projector                    7                    995               6,965

Epson Projector                        1                   2,889              2,889

Scanner                                4                    280               1,120
Promethean Boards and Support
Equipment                              33                 Varied            264,917

Activote                               4                   1,595              6,380
Micronet Platinum NAS 2.0              2                   1,207              2,414

    Total                              66                          $        294,332
Final Report
Control Number ED-OIG/A04I0042                                             Page 13 of 13
                                 Exhibit 2

                    Acronyms/Abbreviations Used in this Report


A&M                              Alvarez & Marsal

C.F.R.                           Code of Federal Regulations

Department                       United States Department of Education

GB                               Gigabytes

GVI                              Government of the Virgin Islands

IT                               Information Technology

OESE                             Office of Elementary and Secondary Education

VI                               Virgin Islands

VIDE                             Virgin Islands Department of Education
Exhibit 3
                                               GVI Draft Response
                                                         to
                       Draft Audit Report by U.S. Department of Education’s Inspector General
         Virgin Islands Department of Education’s Administration of Property Purchased with Federal Funds
                              Control Number ED-OIG/A04I0042, dated May 18, 2009.


FINDING #1: NO ADEQUATE POLICIES AND PROCEDURES TO PROPERLY ACCOUNT FOR
PROPERTY

VIDE did not have adequate policies and procedures in place to properly account for property purchased with
Department funds. Specifically, we found that VIDE lacked adequate controls over recording inventory; processing
shipments; reporting stolen equipment; and safeguarding property.

Recommendations (V. I. Department of Education (VIDE)):
   1. Account for all the missing items, or return to the Department $43,077 for the value of the property.
   2. Implement adequate controls to ensure that property purchased with Department funds is properly and
      accurately recorded.
   3. Conduct a full physical inventory, establishing the total cost of lost property and reconciling the results
      with property records to ensure that all property is accounted for.
   4. Return to the Department funds equal to the value of all property unaccounted for after the completion of a
      full physical inventory.
   5. (a) Develop and (b) implement policies and procedures for promptly processing shipments received in the
      warehouse.
   6. Implement a policy for reporting stolen equipment to the appropriate authorities.
   7. Implement a warehouse tracking system.
   8. Implement internal controls to safeguard and secure property in a suitable environment.

Government’s Response

          VIDE concurs and will implement and/or has implemented the following corrective measures.
          Additionally, VIDE will collaborate with the V. I. Department of Property and Procurement (VIP&P) and
          will utilize VIP&P’s updated forms (e.g. Report of Survey, Missing or Stolen Property Report, etc.) and its
          expertise in this area. Similarly coordination would be essential between applicable parties and the current
          and/or future third-party fiduciary.

Corrective Action – V. I. Department of Education (VIDE)

    1.    VIDE has accounted for $32,692.22 or 18 of the 26 items valued at $43,077. The disposition of the
          remaining eight (8) items is as follows: Four (4) items valued at $6,081.00 were stolen and four (4) items
          with an aggregate value of $4,304.00 cannot be located. Upon completion of the overall physical
          inventory, VIDE should be in a better position to address the remaining items that are currently
          unaccounted for (See Attachment I).
    2.    In FY 2008, VIDE implemented using its “Property, Procurement and Auxiliary Services Standard
          Operating Procedures (SOP) Manual,” which provides guidance and direction in the proper handling of
          inventory. The manual addresses the following areas: (a) Equipment Policies and Procedures, (b) Physical
          Inventory, (c) Transfer of Equipment, (d) Disposition of Equipment, and (e) Stolen, Missing or Damaged
          Equipment (See Attachment II).
    3.    VIDE is currently conducting physical inventories at all schools. In accordance with VIDE’s SOP for its
          Property, Procurement and Auxiliary Services, upon completion of the physical inventories the results will
          be reconciled with the property records.
    4.    VIDE is aggressively pursuing completion of the physical inventories referenced in #3 above. Upon
          completion of the inventories, VIDE will have an assessment of the value of property that cannot be
          accounted for, and the Government of the U.S. Virgin Islands (GVI) can make a better determination about
          returning funds to the U.S. Department of Education and/or exploring other feasible options or
          arrangements that are mutually agreeable to both parties, in order to address this recommendation
          (Recommendation #4 – Finding #1). Further, it is GVI’s intention to complete the physical inventory every
          two (2) years in accordance with EDGAR.
           5.    VIDE has developed and implemented (effective November 1, 2008) a policy/procedure regarding the
                 distribution of equipment received by its Property, Procurement and Auxiliary Services (See Attachment
                 III). To ensure that items are processed and distributed to each school on a weekly basis, VIDE endeavors
                 to process all items within five-days of arrival at the warehouse – inventoried, tagged, and delivered to the
                 designated locations.
           6.    VIDE has implemented a policy for reporting stolen equipment to the appropriate authority. The policy
                 which is entitled Lost or Stolen Items Policies and Procedures was revised as of June 2009 and requires
                 notification to the Virgin Islands Police Department, in addition to VIDE’s Division of Property,
                 Procurement and Auxiliary Services units. Further, the policy is also included in VIDE’s “Property,
                 Procurement and Auxiliary Services SOP Manual,” under the caption Stolen, Missing or Damaged
                 Equipment which begins on page 4 of the aforementioned manual.
           7.    VIDE addresses tracking equipment in its Equipment Distribution and Location Policy (Attachment III –
                 Memorandum dated October 15, 2008 and effective November 1, 2008) and in its Property, Procurement
                 and Auxiliary Services Standard Operating Procedures (Attachment II – IV Distribution). The weekly
                 warehouse delivery schedule was also updated/revised as of June 2009.
           8.    VIDE has fully implemented a security system. The system provides 24 hours surveillance and monitoring
                 services with CCTV cameras and monitors for all schools and warehouses in all districts (St. Thomas/St.
                 John District; St. Croix District) on all three (3) islands. In addition to the security system, padlocks had
                 already been provided for the warehouse gates, and VIDE has identified responsible persons who are
                 charged with ensuring that the gates are locked and secured. Further, a security guard is stationed at the
                 warehouses, and no thefts have occurred from these locations. However, to further strengthen its controls
                 to safeguard its assets, VIDE will also hire a locksmith to configure the security gates for both warehouses
                 so that they will both close and lock automatically.


                                                                                      Responsible Party
Recommendation       Implementation Date       Due Date                             (primary party in bold)
     No.
                                                             Commissioner, Department of Education and:
      1             Attachment I             09/30/09        Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
      2             FY 2008 & on-going       N/A             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
                                                             Deputy Commissioner for Property, VIDP&P
                                                             Third Party Fiduciary
      3             FY 2009 WIP              09/30/09        Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
                                                             Deputy Commissioner for Property, VIDP&P
                                                             Third Party Fiduciary
      4             N/A                      TBD             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
      5a            11/01/08                 N/A             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
                                                             Third Party Fiduciary
      5b            11/08 & on-going         N/A
                                                             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
      6             06/2009 & on-going       N/A             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
                                                             Insular Superintendents, VIDE
                                                             Deputy Commissioner for Property, VIDP&P
                                                             Third Party Fiduciary
      7             11/01/08 & on-going      N/A             Assistant Commissioner, VIDE
                                                             Directors-Property, Procurement & Auxiliary Services, VIDE
                                                             Deputy Commissioner for Property, VIDP&P
                                                             Third Party Fiduciary
      8             5/19/08 & on-going       9/30/09         Assistant Commissioner, VIDE
                                             Security        Directors-Property, Procurement & Auxiliary Services, VIDE
                                             gate            Insular Superintendents, VIDE
                                                             Third Party Fiduciary
N/A – not applicable
                                                                                        WIP    –   work     in    progress

                                                                                        TBD         –        to        be
determined/decided

(Attachment V – P&P forms)

FINDING #2: PROPERTY NOT MANAGED IN ACCORDANCE WITH CONTRACTUAL
REQUIREMENTS

VIDE’s third party fiduciary did not manage the property purchased by VIDE with Department funds in accordance
with its contractual requirements. In addition, the VI Government did not provide proper oversight of the third party
fiduciary contract to ensure that the third party complied with all the contract deliverables.

Recommendations (Government of the Virgin Islands (GVI)):

    1.   Ensure that the current third party fiduciary and any future third party service providers implement property
         and inventory management procedures that comply with 34 C.F.R.
    2.   Properly monitor future third party contracts to ensure that all deliverables are met.

Government’s Response

         The V. I. Office of Management and Budget (VIOMB) proffers the following response, on behalf of GVI,
         while recognizing that there were extenuating circumstances beyond the parties’ control.

         Addendum 1 (Statement of Work) of the contract executed on August 25, 2006 between the Government of
         the Virgin Islands and the Third Party Fiduciary required the Third Party Fiduciary to provide services that
         included the following: (i) Identify a methodology to periodically monitor fixed assets inventory
         previously procured by the VI grantee agencies as well as assets acquired during the term of this contract,
         (ii) Identify and implement improved approaches, if necessary, to physically secure fixed assets; (iii)
         Manage property procured under the USDE grants, with a purchase price of $500 or greater, in accordance
         with the requirements of 34 CFR 80.32(a) and (c)-(g). Accordingly, GVI concurs that the third party
         fiduciary did not manage the property pursuant to the contractual requirements. However, the third party
         fiduciary: (a) contends that it “made significant efforts to achieve this deliverable and any failure to fully
         achieve it was not for lack of effort”; (b) suggests that there was uncertainty within GVI regarding the third
         party fiduciary’s role in establishing property management policy; (c) notes that it is providing consultative
         input regarding the current on-going physical inventory which will culminate in a reconciliation of assets to
         the system; (d) commits to working closely with VIDE’s designee to ensure the accuracy of the final
         inventory number; (e) notes that it has implemented the inventory module from Tyler Munis and looks
         forward to reconciling the federally funded assets with VIDE’s physical inventory list; (f) further notes that
         it has developed a program that lists all purchases over $500; and (g) indicates its intent to fully satisfy this
         contract deliverable before the end of the contractual engagement in 2009.

         The Government of the Virgin Islands (GVI) does not concur that it did not provide “proper” oversight of
         the third party fiduciary contract. While there were circumstances beyond GVI’s control that precluded
         GVI from ensuring the third party fiduciary’s compliance with all of the contract deliverables, GVI
         expended a significant amount of effort and time addressing contractual requirements and matters germane
         thereto.

         GVI entered into a contract with a third party fiduciary to ensure the continuity of federal funds to the
         Territory for educational purposes for the children of the Virgin Islands. The U. S. Department of
         Education (USED) was instrumental in developing the language for the contract. From inception, GVI had
         concerns about the contract language which was overly broad, ambiguous, subject to different
         interpretations and contradictory in some parts. This led to disagreements between GVI and the third party
         fiduciary; and pursuant to the terms of the contract, USED was contacted to resolve the disputes. Weekly
         conference calls were held to address various matters; however, responses received were generally not
         timely, and for a period of time the conference calls were discontinued. GVI reduced its major issues to
         writing (see Attachment VI) to USED, but the response to GVI was not timely. GVI hired a Project
         Manager, albeit not at the beginning of the process. GVI is prepared to house some third party fiduciary
         staff within VIDE, and is committed to improving the compliance monitoring process. Two positions, one
         of which already exists, have been identified for this purpose. Funds will be needed to address the cost of
         the other position.

         In short, the Government of the Virgin Islands (GVI) has spent a significant amount of time and effort
         addressing third party fiduciary and/or compliance agreement matters. Thus, while we agree that GVI did
         not initially have adequate/dedicated resources to provide the type of oversight that should be necessary for
         a contract of this magnitude and scope (e.g. broad & encompassing scope), oversight was provided within
         the constraints of the resources that were available to the Territory of the U. S. Virgin Islands on a timely
         basis.

         Additionally, GVI will implement and/or has implemented the following measures to enhance and
         strengthen its monitoring/oversight third party fiduciary responsibility.

Corrective Action – V. I. Office of Management and Budget (VIOMB)

    1.   GVI/VIOMB will hire a Project Manager to replace the individual who recently held the position. GVI
         will also utilize the contract negotiation process to focus on property and inventory management as a key
         area, and work closely with its Department of Property and Procurement, VIDE, etc. to meet separately
         with the future and the current third party fiduciaries to ensure compliance with local and federal
         procurement requirements. If technical assistance is needed from the U. S. Department of Education on
         this issue, GVI will also pursue that avenue and request a similar forum for a meeting/discourse between
         USED and GVI and the applicable third party fiduciary. As an outgrowth of these sessions (e.g. meetings,
         workshops), GVI hopes to develop a tool for the Project Manager to monitor compliance. GVI/VIOMB
         would also like to explore having some third party fiduciary staff working out of VIDE, in addition to the
         Project Manager working out of VIDE and/or spending the majority of his or her time in the field at various
         VIDE sites for monitoring purposes.
    2.   In addition to the Project Manager referenced in #1 above, GVI/VIOMB would like to bring on board a
         Contract/Compliance Monitor who would be housed in VIOMB and would work closely with the Project
         Manager, etc. to holistically address monitoring of all deliverables in third party fiduciary contracts and the
         compliance agreement, in order to bring the U. S. Virgin Islands in substantial compliance with the terms
         of the Compliance Agreement and out of high risk status. Funds would be needed to cover the cost of this
         position. A similar forum utilizing the heads of applicable GVI departments to address other key fiduciary
         contractual requirements/compliance agreement performance measures would be used to conduct meetings
         and workshops with the third party fiduciary team and generate a mechanism/tool for regularly monitoring
         compliance with contractual deliverables, many of which are also tied to key issues of performance within
         the aforementioned Compliance Agreement.

Due Date:

4th quarter FY 2009 – 2nd quarter FY 2010 & on-going

Responsible Party(ies):

Director - Office of Management and Budget, Commissioner - Department of Education, Commissioner -
Department of Property and Procurement, Project Manager (VIOMB/VIDE) & Contract/Compliance Monitor
(VIOMB); applicable GVI Dept. Heads