National Sheriffs Association

Condition: During our testing of compliance with the procurement requirements, we noted that the Association entered into contracts with contractors without following the association?s procurement process prior to awarding the contract. Criteria: In accordance with 2 CFR section 200.319, all procurement transactions must be conducted in a manner providing full and open competition. Questioned Costs: $271,676 Cause: The Association did not adhere to established policies and procedures when awarding contracts. Effect: Failure to follow procurement standards when entering into a procurement contract results in noncompliance with Federal regulations. Recommendation: We recommend that the Association adhere to its procurement policies and procedures prior to entering into a contract with the contractor.

The National Sheriffs? Association (NSA) entered into a grant agreement with the Bureau of Justice Assistance (BJA) after NSA?s response to - and winning of - BJA?s highly ?competitive? solicitation announcement. On almost every page of NSA?s grant proposal in response to that solicitation, NSA specifically referenced the ?NSA Strategy Team.? Moreover, on page #2, the proposal states: ?NSA will take the Prime Role on this grant, and will partner with experts in communications and community outreach - Off the Record Strategies and Movement Forward, respectively. We also plan to use specialists in content creation, surveys/data collection and broadcast production. Bios for key players are attached.? In the Bios section, pp. 7-8, NSA?s proposal states: ?The team behind this proposal has decades of experience with effective grassroots outreach and long-term dedication to, and respect for, law enforcement. Attached are the bios of the principle drivers of the grant, and a listing of the key players.? Then, under ?Team Leadership? in the proposal are the specific names: Fred Wilson, NSA; Reverend Markel Hutchins, MovementFroward, Inc.; and Mark Pfeifle, Off the Record Strategies. Next are ?Key Team Players,? where Julie Branson, Communications Consultant, Branson Ink, is also specifically listed. Also, though Technometrica was inadvertently not specifically mentioned in the ?Key Team Players? section, the proposal states (p. 3) that ?the NSA Strategy Team will work with its survey partners? (Technometrica is NSA?s sole survey partner). Insofar as the SME contractors (i.e., the NSA Strategy Team) were specifically named in the proposal (rather than simply as TBD contractors) to make for a stronger competitive proposal, NSA did not solicit bids for these contractors in the implementation of this BJA award. Moreover, insofar as there was no objection by BJA to the proposed contractors, NSA had BJA?s ?implied consent? to proceed with them specifically. Finally, in that the contractors had been named in the proposal - and NSA assumed that it had won the grant based in large part on the strength of its proposed contractual staffing - NSA did not, unfortunately, perfunctorily document that the contractors were sole source providers. In conclusion, the Auditors ruled that NSA ?entered into contracts with contractors without following the association?s procurement process prior to awarding the contract.? Management maintains, however, that the situation here is isolated! NSA does, indeed, have comprehensive Procurement Policies that staff have worked diligently to follow. The situation arose here because of the specific nature of this grant proposal, confounded by a misinterpretation or oversight of the Policies? applicability to this unique situation. However, NSA staff and Management are now highly aware of when these Policies apply, and we are committed to ensuring that this will not happen again!