KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of the amended statements of work tendered by Protiviti Government Services, Inc.

FACTS:

During its May 9, 2022, Special Called Meeting, the Board of Regents approved Protiviti’s May 4, 2022, Statement of Work titled “Audit Readiness Support.” The Statement was drafted following the University’s decision to employ Protiviti’s assistance in preparing documents for the FY 21 and FY 22 audits. Under the terms of the Statement, Protiviti’s start date was May 9, 2022, and its end date was September 30, 2022, “unless otherwise modified or terminated in accordance with the terms of the Agreement.” The estimated fees outlined in the Statement were $404,300–$449,780. The Board approved expenditures of up to $449,780.

Protiviti's scope of work was later expanded to include general finance and accounting support services. On July 15, 2022, the Board of Regents approved Protiviti's June 24, 2022, Statement of Work titled "Finance and Accounting Support." Per the terms of the Statement, Protiviti's start date was June 28, 2022, and its end date was September 30, 2022. The Statement estimated that Protiviti's fees would total $57,200.

Protiviti’s scope of work was again expanded to include reconciliations support. In its July 27, 2022, Statement of Work titled “Accounts Reconciliations Support,” Protiviti estimated that its fees would total $44,800, all of which would be incurred through the hourly rates for a senior accountant and accountant. Given that the total estimated amount was less than $50,000, the University was able to execute the Statement without Board approval, which it did on August 2, 2022. Per the Statement, Protiviti began work on August 8, 2022, and was to conclude work on September 30, 2022.

According to the terms of every Statement, Protiviti’s staff members were to report directly to the former Vice President for Finance and Administration, Dr. Gerald Shields. Presumably, Dr. Shields and Protiviti agreed to extend the terms of the original Statements. This is evidenced by Dr. Shields’ October 26, 2022, email to Interim President Ronald A. Johnson, in which he advised that Protiviti had prepared and signed Amended Statements of Work that extend its services from October 1, 2022, through December 16, 2022. Due to the necessary functions that Protiviti staff members were performing for the University, they were asked to continue working past the original September 30, 2022, and date and are still working at the University today.

To enable the University to pay outstanding invoices for the services Protiviti performed after September 30, 2022, and to retain Protiviti for any services deemed vital for the institution's financial well-being, the University asks the Executive Committee to approve Protiviti's Amended Statements of Work. The Amended Statements of Work do