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Re: IS THERE A STATE BOARD OF ED REPORT?

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Posted by I HAVE THE REPORT on May 08, 2005 at 08:40:36:

In Reply to: Re: IS THERE A STATE BOARD OF ED REPORT? posted by I HAVE THE REPORT on May 08, 2005 at 08:39:54:

Page 2


Recommendation
The CREATE Board of Trustees must establish and implement procedures to ensure that the modified accrual basis of accounting are used as prescribed by N.J.S.A. 18A:4-14.

2. The CREATE Charter High School violated provisions of N.J.S.A. 18A:18A-4 by failing to publicly advertise for competitive bids.

During the review, a number of instances, detailed in Appendix 1, were noted where the district made purchases that exceeded the bid threshold, but were not advertised for competitive bids. The CREATE administration did not identify any reason or exception as to why public bidding was not followed.

N.J.S.A. 18A:18A-4a, states "Every contract for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold, shall be awarded only by resolution of the board of education to the lowest responsible bidder after public advertising for bids and bidding therefore, except as is provided otherwise in this chapter or
specifically by any other law."

CREATE Charter High School failed to publicly advertise and award contracts to the lowest responsible bidder in accordance with N.J.S.A. 18A:18A-4.

Recommendation

The bidding violations noted above require a refund of State Aid to the Department of Education. The General Fund State Aid that must be refunded by the CREATE Charter High School is $196,503.57. The Special Revenue Fund State Aid that must be refunded is $119.62. The Division of Finance will notify the school district regarding the timing of the State Aid recovery.

In addition, the CREATE Board of Trustees must establish and implement procedures to ensure compliance with N.J.S.A. 18A: 18A-4a, 18A:l8A-5e, and N.J.A.C. 6A:23-7.1.

3. CREATE violated provisions of the Public School Contracts Law by failing to obtain competitive quotations as required under N.J.S.A. 18A:18Á-37.

The review identified numerous purchase orders that were awarded in excess of $2,625 (15 percent of the current bid threshold of $17,500) where the district did not provide evidence that it had solicited at least two competitive quotations as required by N.J.S.A. 18A:18A-37. N.J.S.A. 18A:18A-37 requires that for "...contracts that in the aggregate are less than the bid threshold but 15 percent or more of that amount... , the purchasing agent shall award the contract after soliciting at least two competitive quotations, if practicable." The statute
Report of Examination - October 2004
CREATE Charter High School - Public School Contracts Law and Open Public Meetings Act Violations

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