For each of the two contracts for emergency purchases tested, the Agency amended the contract term three times to extend the emergency purchases
instead of competitively procuring new contracts. The Agency made the original emergency purchases to replace an operator for the Big Spring and
McAllen Veterans Homes.
Those emergency purchases had original contract terms of approximately three years (from December 2014 through September 2017).
As a result of the three amendments, the expiration date for the two emergency purchases tested was extended five years to August 31, 2022.
The Agency could not provide documentation showing that it performed certain required procurement
activities that help provide transparency to emergency purchase awards. Specifically:
The Agency did not develop a solicitation for its emergency purchases of management and operation services needed for the Big Spring and McAllen Veterans Homes.
The Agency could not provide completed nondisclosure agreements and nepotism disclosure forms for staff involved with the procurement of emergency purchases.
The Agency did not obtain a Historically Underutilized Business (HUB) subcontracting plan during the procurement process for the emergency purchases.
The Agency did not post its contracts for the two emergency purchases to its website as required until January 2021.
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