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O I G C B: Investigative Report Synopsis
O I G C B: Investigative Report Synopsis
CITY OF BALTIMORE
Investigative
Report Synopsis
On November 30, 2020, the OIG received a complaint alleging a Baltimore City Vendor (Vendor) was
being used for out-of-contract work despite the OIG and the Law Department previously finding the
Vendor overcharged the City by over $129,000 and was non-compliant with the Minority and Women’s
Business Opportunity Office (MWBOO). After the Vendor’s contract expired on March 31, 2020, the
Bureau of Procurement (BOP) failed to rebid a new towing contract. Instead, the Department of General
Services (DGS) Fleet Management Division requested the Vendor perform work out-of-contract. 1
On December 2014, the Board of Estimates awarded a towing contract (the Contract) at the request of
DGS. The Vendor was determined to be the lowest bidder and selected as the City’s first call option for
tow service requests. The Contract award performance period was for two years, with two one-year
renewal options. On July 12, 2019 DGS submitted a requisition in CitiBuy to request BOP to solicit a new
towing contract. Subsequently, on October 19, 2019, BOP created a new solicitation for the Contract but
failed to put it out for bid. The Contract was set to expire on December 31, 2019, but the City extended it
via a change order to March 31, 2020. The change order advised that new service requests should not be
billed to the original purchase order.
Under the Contract, the Vendor’s participation goal for the Minority Business Enterprise (MBE) was set
at 10% and the Women’s Business Enterprise (WBE) participation goal was set at 3%. These goals are
applied to the gross revenue of the towing companies. The Vendor was required to provide the City with
documentary evidence to support payments made to subcontractors with revenue generated from the
Contract. On September 2020, the MWBOO compliance review for April 15, 2015 to January 20, 2020
found the Vendor non-compliant due to not meeting the Contract’s MBE and WBE goals.
1
At the time of this Management Alert, the OIG has discovered five purchase orders for out-of-contract work since the
Contract expired in March 2020
REPORT FRAUD, WASTE AND ABUSE
HOTLINE: 443-984-3476/800-417-0430 EMAIL: [email protected] WEBSITE: OIG.BALTIMORECITY.GOV
The OIG initiated an investigation into the Vendor's billing practices and released its findings to the public
September 2020. The OIG's analysis of invoices revealed that the Vendor overcharged the City for items
and services not authorized under the Contract or disclosed on the Vendor's bid price sheet. In total, the
OIG calculated that the Vendor overbilled the City $129,521.95 over a five-year period. The OIG referred
its findings to the Baltimore City Law Department for further action. As of the date of this report the Law
Department is finalizing the amount for civil recovery.
Despite the Vendor overbilling the City and being found non-compliant by MWBOO, on November 11,
2020, the DGS submitted an Unauthorized Justification Procurement form to the BOP requesting that the
Vendor be paid a total of $96,096.56 to continue providing towing services without an active contract.
Sin�erely,
I am responding to a Management Alert (case number 21-0028-I) from your office regarding a
towing operator, , on behalf of Mayor Brandon Scott.
In regard to the use of a vendor whose contract has expired, I have spoken with the Director of
the Department of General Services (DGS) and it is my understanding that DGS has been working with
the Bureau of Procurement (BOP) over the past several months to initiate the solicitation of a new
contract. In the meantime, however, DGS made an operational decision to continue using the services of
the current vendor to ensure the continuity of operations on behalf of City agencies. The City lacks the
resources (equipment and personnel) to be able to perform all the towing services provided by contracted
vendors and without these services not only would the operations of agencies such as Fire, Police, DPW
and DOT be significantly hampered, the risk to equipment being damaged due to not being quickly
retrieved from break-down locations also had to be weighed.
DGS and BOP have finalized the crafting of a new bid solicitation and that is anticipated to be
advertised within the next few weeks. The scope of the solicitation has been revised to remedy issues
identified over the course of the OIG’s investigation and to better allow for the City’s flexibility in
selection of vendors and in the towing operations.
Sincerely,
Daniel Ramos
Deputy Chief Administrative Officer
Baltimore City