Audit 8130

Finding: District controls did not always ensure compliance with the Davis-Bacon Act for Federally funded construction projects exceeding $2,000. Criteria: The ES Fund provides Federal funds for school facility repairs and improvements to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs. Title 29, Section 5.5, Code of Federal Regulations (Davis-Bacon Act) requires the District to include prevailing wage rate clauses in any construction contract exceeding $2,000 that is financed either wholly or in part by Federal funds and ensure that contractors pay workers the prevailing wage rates established by the United States Department of Labor. This includes a requirement for the contractor to submit to the District weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). The United States Department of Labor established "prevailing wages" by geographic area and interprets the Davis-Bacon Act to apply to construction, alteration, or repair of a public building or public works. Condition: During the 2022-23 fiscal year, the District expended $5,234,333 from the ES Fund for projects related to 13 construction contracts totaling $9,794,387 for upgrades to heating, ventilation, and air conditioning (HVAC) systems. Our examination of District records supporting 3 selected construction contracts that individually exceeded $2,000 and totaled $3,906,248 disclosed that the District expended $1,734,809 related to the 3 contracts. For 2 of the 3 contracts, with expenditures totaling $1,292,834, the contracts included a general requirement to comply with all Davis-Bacon Act provisions; however, the contracts did not explicitly require, and the contractors did not submit, weekly certified payrolls to the District demonstrating prevailing wage rates were paid. Subsequent to our inquiry, District personnel obtained from the HVAC contractors contractor-certified payrolls demonstrating that prevailing wage rates were paid for these projects. Cause: The contracts did not specifically require contractors to submit to the District weekly certified payrolls and the District Facilities Department personnel indicated they were not aware that the Davis-Bacon Act requirement was applicable to the projects because project oversight responsibility had been transferred from the Maintenance Department. Effect: Absent specific contract clauses and weekly certified payrolls, there is an increased risk that construction contractors paid with Federal moneys will not pay workers the prevailing wage rates established by the United States Department of Labor, and the District cannot demonstrate compliance with the Davis-Bacon Act requirements. Recommendation: The District should enhance procedures to ensure compliance with all Davis-Bacon Act requirements. Such enhancements should ensure that applicable Federally funded facility contracts specifically require submittal of weekly certified payrolls and that District personnel verify the payrolls were received. District Response: The Facilities Planning and Project Management department has newly assigned responsibility for Davis-Bacon compliance to one of its project managers. This employee has implemented procedures to identify construction projects with federal funding sources, ensure certified payrolls are received, review the certified payrolls for compliance with prevailing wages, and perform the necessary interviews. This employee has already reviewed all projects for the past year to ensure the District is in full compliance with Davis-Bacon requirements. As such, the corrective action for this finding has already been completed.

Finding: District controls did not always ensure compliance with the Davis-Bacon Act for Federally funded construction projects exceeding $2,000. Criteria: The ES Fund provides Federal funds for school facility repairs and improvements to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs. Title 29, Section 5.5, Code of Federal Regulations (Davis-Bacon Act) requires the District to include prevailing wage rate clauses in any construction contract exceeding $2,000 that is financed either wholly or in part by Federal funds and ensure that contractors pay workers the prevailing wage rates established by the United States Department of Labor. This includes a requirement for the contractor to submit to the District weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). The United States Department of Labor established "prevailing wages" by geographic area and interprets the Davis-Bacon Act to apply to construction, alteration, or repair of a public building or public works. Condition: During the 2022-23 fiscal year, the District expended $5,234,333 from the ES Fund for projects related to 13 construction contracts totaling $9,794,387 for upgrades to heating, ventilation, and air conditioning (HVAC) systems. Our examination of District records supporting 3 selected construction contracts that individually exceeded $2,000 and totaled $3,906,248 disclosed that the District expended $1,734,809 related to the 3 contracts. For 2 of the 3 contracts, with expenditures totaling $1,292,834, the contracts included a general requirement to comply with all Davis-Bacon Act provisions; however, the contracts did not explicitly require, and the contractors did not submit, weekly certified payrolls to the District demonstrating prevailing wage rates were paid. Subsequent to our inquiry, District personnel obtained from the HVAC contractors contractor-certified payrolls demonstrating that prevailing wage rates were paid for these projects. Cause: The contracts did not specifically require contractors to submit to the District weekly certified payrolls and the District Facilities Department personnel indicated they were not aware that the Davis-Bacon Act requirement was applicable to the projects because project oversight responsibility had been transferred from the Maintenance Department. Effect: Absent specific contract clauses and weekly certified payrolls, there is an increased risk that construction contractors paid with Federal moneys will not pay workers the prevailing wage rates established by the United States Department of Labor, and the District cannot demonstrate compliance with the Davis-Bacon Act requirements. Recommendation: The District should enhance procedures to ensure compliance with all Davis-Bacon Act requirements. Such enhancements should ensure that applicable Federally funded facility contracts specifically require submittal of weekly certified payrolls and that District personnel verify the payrolls were received. District Response: The Facilities Planning and Project Management department has newly assigned responsibility for Davis-Bacon compliance to one of its project managers. This employee has implemented procedures to identify construction projects with federal funding sources, ensure certified payrolls are received, review the certified payrolls for compliance with prevailing wages, and perform the necessary interviews. This employee has already reviewed all projects for the past year to ensure the District is in full compliance with Davis-Bacon requirements. As such, the corrective action for this finding has already been completed.