2023-001 Davis-Bacon Act Compliance
CFDA Number 84.041
Program Title Impact Aid
Federal Agency U.S. Department of Education
Compliance Requirement N. Special Tests and Provisions
Finding Type Noncompliance, Significant Deficiency
Questioned Costs N/A
Repeat Finding: Yes, Similar to 2022-001.
Conditi...
2023-001 Davis-Bacon Act Compliance
CFDA Number 84.041
Program Title Impact Aid
Federal Agency U.S. Department of Education
Compliance Requirement N. Special Tests and Provisions
Finding Type Noncompliance, Significant Deficiency
Questioned Costs N/A
Repeat Finding: Yes, Similar to 2022-001.
Condition/Context: The District did not retain documentation sufficient to determine the Davis-Bacon compliance clause was included in advertised specifications for one construction project paid with federal Impact Aid funds.
Criteria: Department of Labor (DOL) 29 CFR part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction. Non-federal entities shall include in their federally funded construction contracts in excess of $2,000, that are subject to the Wage Rate Requirements of the Davis-Bacon Act, a provision that the contractor or subcontractor comply with those requirements and the DOL regulations. This includes a requirement for the contractor or subcontractor to submit to the U.S. Department of Labor weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). This reporting is often done using Optional Form WH-347, which includes the required statement of compliance.
Action planned in response to finding: The District will evaluate its procedures over procuring construction services to ensure all vendors know when the projects will be utilizing federal funds through the purchase order process or other means. The District will also ensure procurement documentation is utilized to properly disclose the adherence to the Davis Bacon Act.