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Fiftieth session
Agenda item 149
REPORT OF THE SECRETARY-GENERAL ON THE ACTIVITIES OF
THE OFFICE OF INTERNAL OVERSIGHT SERVICES
Note by the Secretary-General
1. Pursuant to paragraph 5 (e) (i) of General Assembly resolution 48/218 B
of 29 July 1994, the Secretary-General has the honour to transmit, for the
attention of the General Assembly, the attached report, conveyed to him by
the Under-Secretary-General for Internal Oversight Services, on the audit
of the United Nations access control system project.
2. In transmitting the report, the Secretary-General considers it useful
to present the views expressed by the Department of Administration and
Management on the project and on certain major conclusions of the Office of
Internal Oversight Services as reflected in its report. These are as
follows:
"At the outset, it should be recalled that it was Management that decided
in the summer of 1994, after reviewing the project and the causes for the
delays encountered, not to activate the access control system. The
decision, which was publicly announced, was based on the judgement that the
system, while capable of implementation technologically, did not meet the
security concerns of the Organization in an efficient and cost-effective
manner. The findings of the Office of Internal Oversight Services do not
dispute that management judgement.
"In many respects, the project, at inception, was driven by a sense of
urgency to provide an additional measure of security. However, it is
acknowledged that at the time the project was formulated, inadequate
attention was given to assessing how much added security the planned system
would afford and the operational feasibility of the system on a day-to-day
basis.
"It is also acknowledged that, during the course of implementation of the
project, changes in the assignment of key personnel led to a lack of
continuity in project management, including oversight by senior management.
95-37943 (E) 081295/...
*9537943*
"As concerns the selection of the contractor, it should be emphasized
that, as noted by the Office of Internal Oversight Services, requests for
proposals were sent to 31 companies, of which 8 submitted proposals. Three
companies, which were considered to be the most responsive to the
requirements and general specifications of the request for proposal, were
short-listed; one of these companies subsequently withdrew. The two
remaining finalists, Westinghouse Electric Company (WEC) and NDC
Automation, Inc. (NDC), were both deemed to have had adequate expertise,
proven reliability and the technological support for their respective
systems.
"For the final selection of the vendor, a systems requirement criteria
evaluation matrix was developed and utilized; in that matrix, several
elements identified as critical to the project were quantified. Thus, the
Department of Administration and Management disagrees with the conclusion
of the Office of Internal Oversight Services that the selection of the
vendor to which the contract was awarded was not based on a set of commonly
applied criteria.
"Both finalists were companies with experience as system integrators.
Both companies' proposals entailed the use of sub-contractors in order to
incorporate the technologies of the latter into a complete working system,
including cards, hands-free card readers, imaging systems, computerized
data-collection technology, turnstiles and cash registers.
"One major technical difference between the two proposals was that NDC
proposed two separate systems, using two different operating and database
systems, one for identity cards and readers and another for garage
operations. This approach would have required additional hardware,
software and staff resources and would have exposed the system to a higher
risk of component failures. WEC, in contrast, offered a unified operating
and database system, which was preferred as the most comprehensive and
cost-effective technical approach. This conclusion was later validated in
the implementation of the Integrated Management Information System (IMIS),
which has also focused on a centralized approach to database management.
"Another major consideration in the selection was that the NDC proposal,
because of the limited technology of its card readers, would have required
two sets of turnstiles, one for entry and one for exit. This would have
required the installation of twice as many turnstiles at each location,
thus doubling the cost of this component and increasing maintenance costs.
"There were significant differences in the costs of the two systems
proposed: excluding maintenance, the NDC proposal totalled $1,547,040,
while the WEC proposal totalled $1,183,440, or $363,600 less. The identity
cards proposed by NDC cost $12.50 each, compared to a cost of $5.50 each
for the WEC cards; the annual difference in the cost of the cards alone
would consequently have been $140,000 on the basis of an estimated 20,000
cards a year. Thus, the WEC proposal was decidedly less expensive than
that of NDC.
"For the reasons outlined above, the Department of Administration and
Management considers that the selection of the contractor was made on an
appropriate basis at the time and that proper procedures were followed.
"The Department of Administration and Management does not agree with the
Office of Internal Oversight Services that testing of the system and
documentation thereof were inadequate and that testing was not performed in
accordance with the contract. By its very nature, the system required
several tests during its development and final acceptance phases. All
tests were carried out in accordance with the provisions of the contract,
its amendments or modifications as required, and were duly registered in
milestone charts as an integral part of the contract documents. Documents
on file confirm that all tests were done when and where they were scheduled
to be executed.
"When the garage access control system, essentially an accounting system
linked to the Accounts Division for billing garage parking, was deleted
from the contract with WEC, the testing required for this feature, which
had been envisaged to cover 60 days, or 2 billing cycles, was no longer
applicable and was therefore eliminated from the testing requirements.
"In summary, the Department of Administration and Management acknowledges
the weaknesses in the management process for project formulation and
execution as outlined above. The Department believes, however, that United
Nations Regulations and Rules, particularly in respect of procurement, were
respected throughout the process."
Annex
REPORT OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES ON THE
AUDIT OF THE UNITED NATIONS ACCESS CONTROL SYSTEM PROJECT
CONTENTS
Paragraphs
I. BACKGROUND ...................................................1 - 6
II. SCOPE OF AUDIT ...............................................7 - 9
III. SUMMARY OF AUDIT FINDINGS ....................................10 - 25
IV. DETAILED FINDINGS ............................................26 - 75
V. LIST OF MAJOR RECOMMENDATIONS ................................76 - 77
I. BACKGROUND
1. The United Nations access control system was a project undertaken under
the contract executed by and between the United Nations and Westinghouse
Electric Corporation (WEC) on 16 March 1992 to design, develop, supply,
instal, test and implement, on a turnkey basis, an electronic security and
card access control system.
2. Security improvements were initially proposed in March 1987 by the then
Chief of Buildings and Commercial Services Division. Three years later, a
special security task force determined an urgent need to upgrade security
arrangements and improve control over vehicle access to the United Nations.
An initial working group was formed, consisting of representatives from the
Security and Safety Service, the Buildings Management Service, the
Commercial Purchase and Transportation Service and the Electronic Services
Division. The group was directed to formulate the initial request for
proposal for the supply, delivery and installation of an access control
system, to select a vendor capable of supplying and installing the system
and to provide guidance in project implementation.
3. In August 1990, the request for proposal was sent out to 31 prospective
suppliers and 8 proposals were received by the designated closing date on
17 September 1990. A revised request for proposal was formulated on 26
February 1991 and was given to three remaining firms selected by the group;
however, only two bids were received. On 27 August 1991, the contract was
awarded to WEC.
4. The access control system, as stated in the certificate of final
acceptance, was completed, tested and accepted by the United Nations on 26
May 1993. Following its acceptance, its activation was delayed for more
than a year. In September 1994, it was formally announced that the system
would not be put into operation and would be dismantled. The Department of
Administration and Management, after reviewing the project and the causes
for the delays encountered in activating the system, concluded that the
system could not function efficiently as originally specified because the
design was not realistic in terms of the procedures and resources required
to operate and maintain it. In a note of 14 June 1994 addressed to the
Under-Secretary-General for Administration and Management, the Assistant
Secretary-General for Conference and Support Services stated that the
system would not meet the security concerns of the Organization, and it
was, therefore, not in the best interests of the Organization to activate
the system.
5. The total costs incurred in the entire project amounted to US$
1,566,358.88, broken down as follows:
$
Contract with WEC 947 505.09
Additional cards (20,000) 110 000.00
Cost to relocate the access control system control
centre to another room within the United Nations
facility 37 486.00
External consultants:
K. Jensen (appointed as project coordinator) 65 900.00
DVI Communications (drafting of the contract) 20 256.95
Contract with E.J.E.I.C. for site preparation work 385 210.84
Total 1 566 358.88
6. The total amount shown above does not include the significant cost
incurred in terms of human resources by United Nations officials and staff
during the entire period spent on the project from March 1990 to May 1993.
As certain components, valued at US$ 250,000 by management, could have been
utilized for other purposes, non-implementation of the project resulted in
a net loss to the Organization of US$ 1,316,358.88.
II. SCOPE OF AUDIT
7. The audit by the Office of Internal Oversight Services of the access
control system included a review of the project's initiation, planning,
funding and procurement process, including award of contract as well as
disbursements, testing and final acceptance by the United Nations of the
system and project implementation.
8. We undertook a further review of the project, which included value-
formoney audit procedures to assess managerial and programme accountability
and system development audit procedures in order to identify the causes of
project failure.
9. Our preliminary audit findings were discussed with the officials
concerned, and their comments were taken into consideration in the
preparation of the report issued on 4 May 1995. The Department of
Administration and Management sent its comments to the audit report on 19
July 1995. They have been reflected in the present report.
III. SUMMARY OF AUDIT FINDINGS
10. The audit revealed management deficiencies, serious weaknesses in
internal controls and flaws in procurement. Areas requiring improvement
were also identified. These findings are summarized as follows:
A. Project origination
11. There was inadequate planning of the project. No feasibility study
was undertaken prior to the inception of the access control system to
determine its viability and cost-effectiveness.
B. Funding/budget
12. Budgetary controls were not completely respected. Contractual
commitments were entered into prior to June 1991, before seeking the
approval of the Advisory Committee on Administrative and Budgetary
Questions (ACABQ), a practice that is contrary to the Financial
Regulations.
C. Working group/consultant
13. No clear terms of reference were established for the United Nations
access control system working group and for the external consultant hired
by the United Nations. The responsibilities of individual employees tasked
with this project were not properly defined and formalized.
D. Procurement
14. Deficiencies in the procurement process did not allow a fair and
competitive bidding procedure because the original specifications for the
United Nations access control system were flawed.
E. Selection of vendor
15. Weaknesses were noted in the selection of the vendor to supply,
develop, install and implement the United Nations access control system.
F. Contract formulation
16. Deficiencies in the contract were noted.
G. Resolution of disputes
17. The approach of the Organization to resolving contract disputes was
uncoordinated. The contract was modified to reduce the scope of work.
H. Project delays
18. The imaging system originally delivered by the contractor failed to
function, causing project delay. Selection of a new card technology
introduced in mid-stream caused project delays and extra cost.
I. Testing of the United Nations access control system
19. Testing of the system and documentation relating to these tests were
found inadequate. Testing of the system was not performed in accordance
with the contract.
J. Contract amendments
20. The contract amendment was signed ex post facto. The original
provisions of the contract were amended and various important annexes were
replaced.
K. System documentation
21. The system documentation of the United Nations access control system
was found inadequate.
L. Warranty period
22. The one-year system warranty was wasted.
23. On the basis of the Office of Internal Oversight Services review of
the project, the auditors developed recommendations aimed at improving the
general procedures dealing with inception, execution, implementation and
monitoring of United Nations projects, procurement procedures and contract
execution. Changes in certain budgetary and accounting procedures were
suggested in order to enhance financial controls.
24. The audit findings indicate a financial loss to the Organization as a
result of this failed project but do not clearly establish responsibility
for this loss. Therefore, this final report is being referred to the
Investigation Section, which is responsible for inquiring into reports of
possible violations of United Nations rules, regulations, mismanagement,
misconduct, abuse of authority and waste of resources as defined in
paragraph 18 of the SecretaryGeneral's bulletin ST/SGB/273.
25. Although the Department of Administration and Management accepted
certain recommendations and conclusions and took remedial action, some of
the findings were still contested, as detailed below.
IV. DETAILED FINDINGS
A. Project origination
There was a lack of proper planning of the project. No project feasibility
study was undertaken to determine viability and cost-effectiveness.
26. In the absence of a feasibility study to determine if implementation
of an electronic card access system in the United Nations Secretariat would
be viable and cost-effective, the Department of Administration and
Management believes that the security reviews made by two different bodies
provided an adequate basis for initiating the project. Our evaluation,
however, confirmed that such reviews could not replace a feasibility study,
and its absence had a negative impact on the implementation of the project.
For example, an important project component, the garage access and billing
control system, was deleted, while the pedestrian and vehicular access
control system at the entrance gates was retained. Also, it would appear
that the access control system would allow anyone in possession of a lost
or stolen identification card not reported and cancelled to enter United
Nations premises without hindrance. Therefore, we consider the existing
system more reliable and secure compared to what was proposed.
27. If a feasibility study had been conducted, it could have prevented
management from deleting an important component of the access control
system in the middle of the execution stage of the project. However, the
system was delivered with only the capacity to record the entry and exit
time of those who passed through it, as well as identifying invalid
identification cards.
28. Earlier, the Department of Administration and Management reported to
ACABQ that one of its primary security concerns was the garage. Subsequent
developments in the outside world confirmed that terrorist plans involving
the use of vehicles were contemplated against the United Nations
Secretariat building. In addition, billing and control procedures for the
use of the United Nations garage facilities, which are mostly manual, were
always considered rather time-consuming and ineffective.
29. The Office of Internal Oversight Services found that United Nations
officials failed to confer with the Protocol and Liaison Service prior to
inception of the project. This Service was not consulted during the design
process in order to identify practical problems relating to the large
number of temporary passes required by delegates to various short-term
meetings at United Nations Headquarters. Attendees would either have had
to be relegated to using the Visitors' Entrance exclusively or the United
Nations would have had to incur large expenditures in identification cards
to accommodate the number of such delegates.
30. Had the Protocol and Liaison Service been properly consulted or had
it been a part of the working group, United Nations officials from the very
beginning would have known that the project was not viable because it was
incompatible with existing procedures. Experience shows that, without
sufficient user involvement, system development projects have a high
probability of failure. This was the case with the United Nations access
control system.
31. Management claims that the Protocol and Liaison Service was consulted.
We find this to be in contradiction with the assertion made by the
Assistant Secretary-General of the Office of Conference and Support
Services and the United Nations Security Coordinator in the report of 14
June 1994 submitted to the Under-Secretary-General of the Department of
Administration and Management. It was also stated by management that the
purpose of the project was to enhance security and "not to satisfy staff,
diplomats or non-governmental organizations and therefore they should not
be characterized as users". The Office of Internal Oversight Services
disagrees with this view as it is an obvious denial of the United Nations
reality.
32. As the absence of a feasibility study shows, no system development
standards were established. Consequently, there was no standard
methodology used in the project. Had such a methodology existed and been
followed, a feasibility study, which is an initial phase of the system
development lifecycle, would have been undertaken. The development of the
project would have been based on a formal statement of requirements agreed
to by users and the installation standards would have set the minimum
requirements for system and programme documentation.
33. The management disputed the finding, stating that a formal statement
of requirements was agreed to by the users with regard to computer hardware
and software. However, this was precisely the problem. A specific
hardware/software solution was selected that could not be integrated with
the day-to-day procedures followed in the Organization. Furthermore, the
Department of Administration and Management stated that, since most of the
components of the access control system were off-the-shelf products, there
was no system design and development required except for the garage access
and billing control system and that was the responsibility of WEC.
Additionally, management stated that the access control system was procured
on a turnkey basis.
34. The Office of Internal Oversight Services disagrees with this position
and maintains that, even with turnkey systems, certain steps in the system
development life-cycle should be followed by the implementing organization.
As far as the garage access and billing control system was concerned, the
system development life-cycle requires significant interaction between the
users and developers of the system at critical intervals in the system
development process, which did not take place.
B. Funding/budget
Lack of sufficient budgetary controls. Contractual commitments entered
into without advising ACABQ, contrary to existing Financial Regulations.
35. The United Nations access control system was started as a non-budgeted
project and costs were not properly budgeted for prior to its inception.
The project was started by concerned United Nations officials, although
they had not finally decided on the particulars of how to finance this
specific endeavour. Contractual commitments were entered into prior to June
1991, before seeking the approval of ACABQ, which was in contravention of
financial regulation 13.1.
36. The management replied that, under the given circumstances, the
budgetary modalities used were appropriate. The Office of Internal
Oversight Services disagrees with this notion and points to the fact that
ACABQ in its report of 15 July 1991, stated such contractual commitments
ran counter to the intent of General Assembly resolution 44/203 on
unforeseen and extraordinary expenses in connection with the 1990-1991
programme budget. Based on its own findings, ACABQ noted that, although
the implementation of the access control system was linked to the "Gulf
crisis", in fact it was related more to problems of crime prevailing in the
immediate area of the United Nations. ACABQ pointed out in its report on
the 1992-1993 proposed programme budget that, in view of this, it failed to
comment on whether the project proposal represented the most suitable
approach for addressing the question of increased security arrangements.
It must be admitted, however, that ACABQ eventually approved the budget
expenditures for the project, given that the project had already commenced.
C. Working group/consultant
Lack of terms of reference for the working group and the external
consultant hired by the United Nations.
37. In the absence of a project steering committee, the United Nations
access control system working group could have played a crucial role in the
initiation of the project, provided that it had formal terms of reference
and acted in accordance therewith. Had responsibility been clearly defined
and a formal delegation of authority been made, the frequent changes in key
personnel would not have had such a negative impact on the project as they
in fact did. Had the external consultant who had oversight responsibility
been involved throughout the life of the project and his responsibilities
clearly defined, the project would not have been so adversely affected.
38. We found that the Working Group convened meetings and acted
collectively to raise and discuss issues relating to the access control
system. However, it seldom kept the senior management informed about all
major issues taken up or discussed, nor did it seek consultation or advice
on final decisions. For example, when the project was not proceeding well
and there was a potential that the entire system as originally specified
and designed would not be delivered and completed by the vendor, the
Working Group failed to inform the Assistant Secretary-General for General
Services or the Chief of the Buildings and Commercial Services Division who
did not participate in meetings of the working group.
39. The management, in its response, disputed these facts, stating that it
was kept fully informed at each step of the project and that there were
numerous instances when management was advised in writing or participated
in meetings during the various stages of the project. While we acknowledge
that management was informed of certain issues, we believe there is a clear
need to seek approval for key decisions, which should be documented in
writing. In this context, we did not find any evidence that approval was
sought or received in November 1992 when the decision was made to delete
the garage access control subsystem and renegotiate the contract.
40. The external consultant commenced work on 13 August 1990, but his
responsibilities were not described or defined in his special service
agreement or in any document, except that he was appointed as project
coordinator. His first contract expired on 12 December 1990. It was again
renewed from 13 January to 13 May 1991 and 23 March 1992 to 22 September
1992.
41. According to the Department of Administration and Management, the
consultant was hired to assume oversight responsibilities of the project.
The Office of Internal Oversight Services noted that the consultant worked
on a staggered basis and, simultaneously, was involved in the work for the
World Summit on the Environment. His contract did not allow full-time
administrative oversight of the project. The Office of Internal Oversight
Services questions the wisdom of this decision, considering the magnitude
of the project.
D. Procurement
Deficiencies in the procurement process did not allow fair and competitive
bidding to assure the best possible price and service to the United
Nations.
42. Again, mainly as a result of the absence of a feasibility study, the
requests for proposals sent to 31 prospective bidders did not contain
adequate specifications to meet the security needs of the United Nations.
It did not properly define the scope of work and thereby made it difficult
for potential vendors to provide a reasonable estimate of the project.
Inadequacies were noted in various vendors' letters to procurement staff of
the Commercial Purchase and Transportation Service.
43. The management stated, in its response, that the original request for
proposal dated 1 August 1990 was formulated with the objectives of (a)
identifying a state-of-the-art access control system that would generally
meet the technical and security requirements of the United Nations and (b)
identifying prospective contractors capable of supplying such a system.
This request for proposal contained general requirements covering
functional, system, implementation, training and installation information.
They stated that firms that pointed out inadequacies in the request for
proposal were not seriously interested and/or capable. Their replies were
considered to be not responsive and were, therefore, not forwarded together
with the other proposals for evaluation to the Buildings Management
Service.
44. The requirements and scope of work should be defined in any request
for proposal in a manner that allows vendors to be responsive. However,
although requests for proposals were sent to 31 vendors, only 8 responded.
After analysis, five vendors were eliminated and a revised request for
proposal was submitted to the remaining three vendors in February 1991.
According to management, this request for proposal provided additional and
new detailed information on the pedestrian and vehicular access and
delegation parking procedures.
45. We are of the opinion that the revised request for proposal should
have been sent to a wider audience in view of the fact that it contained
information that was not in the original request for proposal and of the
small number of remaining vendors from which to choose.
46. While management disagrees with the auditors, we maintain that, on the
basis of our review of the bidding process, some qualified prospective
bidders were eliminated from the competition owing to a lack of clarity in
the specifications.
E. Selection of vendor
Weaknesses were noted in the selection of the vendor to supply, develop,
install and implement the United Nations access control system project.
47. In the opinion of the Office of Internal Oversight Services awarding
the contract to WEC was not based on a set of commonly applied criteria
that would have included technical competence, experience and reputation of
the vendor in that particular field. Management commented that two main
criteria were established for the selection of the vendor: (a) extensive
experience in integrating highly technical computer driven systems and (b)
the technical expertise specifically related to the provision of a security
system. They further indicated that both of these criteria were fully met.
48. However, the Office of Internal Oversight Services maintains that WEC
did not have sufficient experience in this specific type of project, using
a highly advanced card technology. As it was only in mid-stream that
Westinghouse introduced its own card technology, the United Nations access
control system obviously was the first of this kind of access control
system project in which the firm had been engaged and, thus, it appeared
that the United Nations was supposed to be the first to use the new
Westinghouse technology.
49. It also appeared that WEC did not have qualified personnel to handle
the project; hence, it subcontracted to Epic Systems to develop and
integrate the garage access control system software with WEC standard
software and the delivery of an imaging system. For the latter, Epic
Systems in turn subcontracted another firm, USIS.
50. Management describes subcontracting as a common arrangement and points
to numerous instances where the results have been fully satisfactory.
However, in this instance the garage access control system software and the
imaging system accounted for two out of three of the major subsystems of
the United Nations access control system. Subcontracting (and further
subcontracting) this proportion of the system was not a prudent practice.
Layers of subcontracting serve to distance the original vendor from the
project and cloud accountability. Even the relocation of the system after
its delivery was subcontracted to Epic Systems.
51. The subcontractors' performance in rendering the required system or
service for which they were subcontracted was poor. The imaging system
failed to work when it was delivered on 18 May 1992 and was replaced by a
Goddard imaging system on 15 October 1992. The software that was supposed
to make up the garage access control system was not developed, thereby
resulting in the deletion of the entire garage subsystem from the United
Nations access control system project. Thus, it appears that WEC's
capabilities in the area of systems integration were questionable.
52. The other bidder was a company with proven worldwide experience in
installing hands-free access control systems. Its proposed system met the
United Nations requirements without any need for subcontracting, yet WEC
was chosen by United Nations officials. The working group's ratings given
to these two vendors seemed to be unbalanced with regard to, inter alia,
system modularity and vendor qualifications.
53. Although the Department of Administration and Management disagreed
with our conclusion that WEC was not the best choice as contractor for the
United Nations access control system, we would like to point out that
subsequent events (inability by WEC to deliver the garage access control
system, prohibitive maintenance cost, failure to meet delivery schedules of
the programmed access cards and to properly test the United Nations access
control system, etc.) confirmed that the choice of the contractor
substantially contributed to the final rejection of the project.
54. The original proposal by WEC was US$ 812,160, plus a yearly
maintenance cost of US$ 99,220 (total US$ 911,380). However, its final
proposal amounted to US$ 1,332,505.09, including maintenance costs of US$
135,000, whereas, the other bidder's proposal was US$ 1,547,040 plus
maintenance costs of US$ 52,175 (total US$ 1,599,125). The reason for the
price difference between the proposals originally submitted by these
vendors was differences in specifications. It was found that the WEC
proposal did not fully comply with the specifications issued by the United
Nations.
55. The other bidder submitted a proposal that complied with the United
Nations specifications in every detail. It presented more precise and
specific technical specifications as compared with WEC. This vendor
submitted a letter dated 25 April 1991 that specified this issue and noted
that, through its contacts in the market, it had learned that another
bidder had quoted a system that did not fully comply with the
specifications issued by the United Nations and its price quoted was
considerably lower than its quote. It then offered the United Nations a
simpler system at significantly lower cost and therefore requested a
renegotiation of its proposal. An Office of Internal Oversight Services
review of the technical proposals submitted by these two vendors verified
these facts. Examples of these are discussed below.
56. The other vendor proposed the implementation of the garage
administration and access control functions in two separate computer
systems. It emphasized that the garage administration and access control
functions of the system were two completely separate functions. WEC
proposed only one computer system for both these functions. The Office of
Internal Oversight Services believes the failure of WEC to deliver the
garage access control system leads to the conclusion that indeed the other
proposal was more realistic.
57. Another important feature in the other proposal was access control for
short-term visitors, which could be handled by a stand-alone PC system.
Management points out that the Security and Safety Service decided at the
time when the technical requirements were finalized to exclude short-term
visitors from the access system. This appears to support the Office of
Internal Oversight Services contention that there was reason to allow the
other bidder to submit a revised and simpler proposal.
58. There were three revisions of the contract amount after the selection
of the bidder but before the contract was signed. These changes eventually
increased the above amount from US$ 911,380 to US$ 1,332,505.09, including
maintenance costs. This resulted in additional charges by the vendor over
and above its original bid.
59. Management points out that the cost of the other vendor's cards was
significantly higher than WEC's. However, the Office of Internal Oversight
Services believes that part of this cost could have been offset had the
other vendor's technical proposal been scaled down as it suggested.
Additionally, although cost should always be a large factor in evaluating
bids, the viability of the overall proposal should also be considered.
F. Contract formulation
Deficiencies in the contract were noted.
60. The auditors found deficiencies in the formally signed contract. They
noted that the final contract was prepared using two different fonts
(styles). Management explained that this occurred due to the use of
different wordprocessing software at different stages of contract
development.
61. We also noted there were no penalty clause terms in the contract to
penalize the vendor for failure to meet targets or schedules specified in
the contract or for failure of the project to meet contract specifications.
Likewise, there was no retention-of-payment provision made in the contract.
The inclusion of such terms to protect the interests of the buyer has been
a standard practice in project contracts. Usually a 10 per cent retention
is provided for in the contract. We noted that this provision was proposed
by DVI Communications, the consultant engaged by the United Nations to
provide assistance in drafting the contract, i.e. 5 per cent retainage
after the final acceptance test certificate is issued and 5 per cent at the
end of the warranty period.
G. Resolution of disputes
Lack of coordinated approach of the United Nations to resolve contract
disputes. The contract was modified to reduce the scope of work.
62. Under the initial contract, the scope of work of the United Nations
access control system consisted of three hardware/software major subsystems
that would all operate in concert, namely, the access control system; the
garage access control system; and the badge/imaging system. However, the
contract was modified after eight months to reduce the scope of the
project. The garage access control system, which was a major subsystem,
was deleted from the original contract. It was dropped, as agreed by both
parties on 19 November 1992, because of the contractor's inability to
develop and customize the software which would serve the garage access
control system.
63. The reduction of the contract amount by $250,000 with deletion of the
garage access control system appeared to be disproportionate to the total
project cost as the loss of the garage access control system subsystem
significantly affected the benefits to be gained from the project as a
whole. Management submitted a table showing those specific items in the
original contract that were wholly or partly taken into consideration in
the reduction of the contract price. However, the Office of Internal
Oversight Services is of the opinion that the Organization suffered more
than the loss of the individual components of the garage access control
system and thus the contract reduction should have reflected this
additional loss.
H. Project delays
Imaging system originally delivered by contractor failed to function,
causing project delay.
64. We noted that the imaging system originally delivered on 18 May 1992
by the subcontractor, Epic Systems, failed to function. However, before it
was rejected by the United Nations, the contractor withdrew it and replaced
it with a Goddard imaging system, but only on 15 October 1992, after a
lapse of five months. This caused a delay in the completion of the
contract. However, no attempts were made by the United Nations officials
concerned to negotiate a cost reduction and/or work for the termination of
the contract at this stage.
65. Final acceptance and sign-off of the United Nations access control
system according to the programme schedule was scheduled for October 1992.
However, in November 1992, when the garage access control system was
dropped, the system was still not yet completed.
66. The contractor was not only unable to fulfil the provisions of the
contract with regard to performance and delivery of the finished product,
as specified in article 40, but also incurred delay as per definition of
the terms of the contract. The delay was attributable to the defective
imaging system, to the inability of the vendor to develop the garage access
control system and, at the end, the failure of the vendor to deliver the
access cards on time.
Selection of a new card technology in mid-stream caused project delay and
extra cost.
67. The United Nations officials accepted a new access card technology
introduced by the vendor in mid-stream although this technology was new,
unproven and more costly. The vendor did not meet delivery schedules and
could not provide the required number of access cards.
68. The Office of Internal Oversight Services also noted that the number
of needed access cards was not properly established at the beginning of the
project. This should have been included in a feasibility study. Only
10,000 cards were included in the original contract, although the request
for proposal submitted to the vendors had clearly indicated a minimum
requirement of 24,140 and maximum of 69,915 cards. In May 1993, after the
final execution of the contract by the vendor and despite the fact that the
administration had second thoughts about activating the system, 20,000
additional cards were requisitioned at a cost of US$ 110,000. This
purchase order was also revised in August 1993 to suit the delivery
schedules proposed by the vendor. The vendor was not able to comply with
the delivery date, which was revised from May 1993 to January 1994 and
final delivery was completed only in May 1994.
I. Testing of the United Nations access control system
Testing of the system and documentation relating to these tests were found
inadequate. Testing of the system was not performed in accordance with the
contract.
69. The demonstration and testing of the United Nations access control
system was carried out in Baltimore, Maryland, on 4 March 1993.
70. We found that articles 8.0 to 8.06 of the contract on functional
testing were not followed by the United Nations officials involved in the
project. First, the functional testing was conducted in Baltimore, whereas
the contract provided that all testing be conducted on site following the
installation of each subsystem and after all three subsystems had been
installed. The documentation submitted in support of the tests that took
place in Baltimore appears to be inadequate because it did not follow a
predetermined and preapproved test plan as called for in the contract.
71. Secondly, the final acceptance tests that the officials claimed were
performed on 12 and 13 May were not conducted in accordance with the
provisions stipulated in the contract. The contract provided for a minimum
of 70 days of operation before a final acceptance test certificate would be
issued. Management contends that, because of the deletion of the garage
access control system, a period of 70 days was no longer needed and a 10-
day test period or less would have been sufficient. This certificate was
issued on 26 May 1993 by the United Nations officials, after only two days
of system testing. The certificate appeared to have been issued
prematurely, in direct contradiction with the plan communicated to WEC by
the Officer-in-Charge, Buildings and Commercial Services Division, on 17
May 1993. This plan stipulated that the United Nations would issue a
certificate of final acceptance seven days after the system was placed on
line, i.e. on 14 June 1994.
J. Contract amendment
Contract amendment was signed ex post facto.
72. The contract amendment was signed in August 1993 after the execution
of a final acceptance test certificate, which certified the completion of
the United Nations access control system. The following were the changes
made ex post facto:
(a) Deletion of the subsystem pertaining to the garage access control
system from the contract. All references to this subsystem were therefore
removed from the contract;
(b) Replacement of the originally specified Indala RF card and reader
technology by Westinghouse technology;
(c) Replacement of the USIS badge/imaging system (which failed to
function when it was delivered in May 1992) by a Goddard badge imaging
system (which was delivered only in October 1992, after a lapse of five
months).
Original provisions of the contract were amended and various important
annexes were replaced.
73. The following original provisions and annexes were amended or replaced
as a result of the amendment:
(a) Article 9.04(b)
"Upon successful conclusion of the final acceptance tests of the United
Nations access control system in accordance with this article and performed
in accordance with annex 6, the United Nations representative and the
contractor shall sign the certificate of final acceptance in the form set
out in annex 13 of this contract."
The auditors noted the amendment was made to justify the limited testing of
the system conducted on 12 and 13 May 1993 as well as the signing of the
final acceptance test certificate in accordance with the form set out in a
new added annex;
(b) Annex 6 as attached to the original contract called for the
following test requirements:
"Final acceptance tests will commence only after all functional and
performance tests have been satisfactorily completed. Final acceptance
tests will continue for a period of 60 days."
The revised annex 6 was amended, limiting the testing of the system to
include only the functional and performance tests and deleting the final
acceptance tests originally provided for (i.e. to run the system under
actual operating conditions for a minimum of 60 days);
(c) Annex 5, Schedule of payments, in the original contract, provided
for the payment to the vendor of US$ 142,125.76 for functional testing of
the system. Annex 5 was amended. We noted that this specific milestone
was changed to "United Nations approval of results of United Nations access
control system functional testing of software using the WSE readers and
cards in Westinghouse, Baltimore, MD". This was amended to justify the
payment made to WEC, to which the United Nations officials agreed;
(d) Apart from the above-mentioned annexes, the following important
annexes had also been replaced:
(i)Annex 1, Hardware bill of materials, dated 21 January 1993, 110692,
revision E, attachment 1;
(ii)Annex 10, Performance bond rider, dated 26 July 1993;
(iii)Annex 12, Technical specifications, dated 24 January 1993, 110692,
revision E;
(iv)A contract amendment also deleted annex 3, Bill of materials, in
its entirety. It was thus difficult to determine if other equipment,
materials, or peripherals, etc. had not been delivered. This ended the
vendor's liability for non-delivery of all the materials listed in annex 3;
(v)Lastly, the contract amendment included a specific provision that was
found irregular because it referred to the final acceptance test
certificate. This certificate, in our opinion, was irregularly executed,
as no final acceptance tests within the context of the provisions of the
contract had been actually performed.
K. System documentation
System documentation was found inadequate.
74. The systems manual and the users manual still contained the original
United Nations access control system as contracted with the garage access
control system. Thus, the system and users manuals still contained
information that was no longer applicable. If the documentation received
from the vendor had been reviewed by United Nations officials, they should
have discovered that the documentation was not updated. This was contrary
to article 13.01 of the contract that "the Contractor shall provide
documentation with appropriate updates to reflect the as-built system
configuration for the United Nations and the software modules including the
major subsystems". Article 13.03 also provides that "documentation
prepared by the Contractor shall be subject to review and written approval
by the United Nations". No evidence was found to indicate that a written
approval was formally given. We also noted that there was no security
manual prepared to complement the system nor a maintenance manual.
L. Warranty period
The one-year system warranty was wasted.
75. The one-year warranty period went into effect from the date of the
signing of the final acceptance test certificate, 26 May 1993, and expired
on 25 May 1994. During this period, the system was never run under actual
operating conditions.
V. LIST OF MAJOR RECOMMENDATIONS
76. The Office of Internal Oversight Services highlights in the present
report the recommendations that, in its opinion, deserve priority attention
from management.
(a) On project management, the Office of Internal Oversight Services
recommends that, in order to help to ensure that future projects of such
magnitude and complexity as the United Nations access control system would
be properly planned, managed, overseen, and successfully implemented, the
United Nations should develop standard project management guidelines that
will provide appropriate controls. The guidelines should include a
mandatory feasibility study among the detailed elements of the development
process. A feasibility study is particularly important in every major
project to ensure that the Organization's investment in time, effort and
money is justified before it is undertaken;
(b) On procurement, the Office of Internal Oversight Services recommends
that, before goods and services are acquired by the United Nations, a needs
assessment is done. The Organization should establish guidelines to
improve bidding procedures that include specific criteria for establishing
the eligibility of the contractors during prequalification. Guidelines for
the preparation of requests for proposals should be established to ensure
that specifications, requirements and standards are complete. Criteria for
bid evaluations and the evaluation of contractors should be developed.
Functions should be segregated to ensure that the procurement function is
separated from contract administration and that monitoring the project and
the vendor's performance is done by the substantive office;
(c) On contract formulation, the Office of Internal Oversight Services
recommends that advice and consultation should be sought from the Office of
Legal Affairs whenever an amendment is contemplated and such amendments
should be finalized in a timely fashion with due consideration given to the
best interests of the Organization;
(d) The United Nations should also ensure that specific elements of
internal control are exercised during the project life-cycle, including
clear and prompt documentation of transactions and significant events and
formal approval by senior United Nations officials for all major decisions.
Continuous supervision should be provided to ensure that control objectives
are achieved and accountability for the use of resources is assigned and
maintained.
77. As of 13 November 1995 and pursuant to the provisions of paragraph 18
of the mandate of the Office of Internal Oversight Services (ST/SGB/273),
the Office has referred this matter from the Audit and Management
Consulting Division to the Investigations Section for the purpose of
determining whether evidence can be adduced that any current staff members
have violated United Nations rules and regulations in connection with this
project. Specifically, the Investigations Section has been requested to
examine four areas: project planning, vendor selection, project monitoring
and project acceptance. The Investigations Section may extend its review
as warranted.
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Date last posted: 18 December 1999 16:30:10
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