A direct order lasting 10 years: JobsPlus audit reveals regular breaches of law

A service provider for electrical works for JobsPlus has been doing jobs for the agency on a direct order for 10 years.

It came to light in a report by the Auditor General, whose office questioned an invoice of €35,500 that was “not substantiated by agreements or quotations… no details of the work carried out were included, but the description only stated that they were electrical works.”

When the NAO questioned it, the Office was essentially told it was how things had been done for the last decade.

The report on public accounts assessing government expenditure in 2023, published this month, shows that JobsPlus has regularly bypassed public procurement rules on projects.

The Auditor General found that JobsPlus had issued separate quotations for the same project, even though all work was given to the same contractor.

This was done repeatedly for several projects managed by the agency. It was done to avoid exceeding the €10,000 threshold on direct orders, which would necessitate a tender.

The NAO said the agency bypassed procurement rules on a number of projects where costs “were  split to bypass the provisions of public procurement rules and avoid the stipulated thresholds.”

“Maintenance works carried out on Block E, comprising roof replacement, tile laying, sanding and plastering, were all treated separately, despite all tasks given to the same contractor for a total of €24,850, after obtaining separate quotations for each job to remain below the €10,000 threshold,” is one of the examples in the report.

Other projects in which the same method was used include research and report writing services costing €22,420, IT assessments and training costing €15,000, and another €21,240 on web hosting fees, which are far beyond the market rate.

A service provider for palm pesticides and felling charged the agency €33,078, at times invoicing twice a month with nobody noticing.

“In the majority of cases reviewed that required a public call, the entity resorted to service providers of its own choice rather than opting for a call for quotations, significantly limiting the competitive bidding,” the report states.

Cleaning services charged at overtime rates, costing €3,100, were “an extra service provided upon the verbal request of the CEO,” the report adds to a list of transgressions reported at the agency.

Despite the centralised Procurement and Purchasing Control Unit, individuals at JobsPlus were contacting and engaging suppliers directly for works and services even when the amounts involved required the Procurement and Purchasing Control Unit’s intervention.

“Bypassing the established controls will render it completely ineffective, leaving the entity exposed to various risks, including unauthorised purchases and overspending. Moreover, it creates gaps in financial records and a lack of audit trail over the procurement itself, including authorisation. This also complicates the process of reconciling payments against delivered goods and services.”

JobsPlus has had a number of CEOs in recent years. Former Mater Dei Chief Celia Falzon was appointed CEO in August. She replaced  the now PL CEO Leonid McKay who only held the position for a few months this year. The former CEO at JobsPlus was Alexia Vella.

The Auditor General recommended that JobsPlus ensured a full audit trail of each financial transaction, enabling independent verification. Services are to be duly supported by a valid agreement that includes the applicable rates, among other terms.

A staggering €38,400 for website support was paid to a private company based on a handwritten note of the billable hours. A progress report had to be delivered with each invoice, but this was never checked.

Lack of enforcement of reporting obligations was also noted with respect to two providers of transport services to Jobsplus employees and clients. Despite the significant costs involved, which since October 2019 amounted to €457,418 and €131,575, respectively, the monthly reports required detailing the list of trips and the type of vehicle used were not being submitted with the monthly invoices.

Despite all the money spent on these transport services, the audit shows “minimal or no usage of the service.” Data analysed between May and October showed that out of 68 morning and afternoon trips, transport was only used on one morning and 11 afternoons by 22 individuals.