Finding:
The Washington State Department of Transportation did not have adequate internal controls over and did not comply with requirements to collect certified payrolls from contractors on projects funded by the Highway Planning and Construction program.
Questioned Costs: Assistance Listing # ...
Finding:
The Washington State Department of Transportation did not have adequate internal controls over and did not comply with requirements to collect certified payrolls from contractors on projects funded by the Highway Planning and Construction program.
Questioned Costs: Assistance Listing #
20.205 Amount
$0
Status: Corrective action in progress
Corrective
Action:
In July 2020 and November 2024, the Department received management decision letters from the Federal Highway Administration (FHWA) in response to similar findings for the fiscal years 2018, 2019, and 2023, respectively, which stated:
• FHWA approved the Department’s Construction Manual and Standard Specifications and confirmed that documented procedures contain the necessary controls to ensure reasonable compliance with 29 CFR 5.5 and the Davis-Bacon and Related Acts.
• FHWA agreed that current processes in place are reasonable and satisfy the intent of the Department of Labor’s certified payroll requirements.
• Ensuring all certified payrolls are collected, and considering sanctions or other appropriate actions for missing payrolls using the methods outlined in WSDOT’s procedures provide sufficient internal control and reasonable compliance, notwithstanding the collection of the payrolls within a seven-day period.
• FHWA considers this finding to be resolved.
The Department continues to strive for improvements in this area. To further address the prior year’s audit recommendations, the Department took actions to update the Construction Manual, which was approved by FHWA and released in February 2025. This includes:
• Updated language for certified payroll collection requirements when no work is performed on federal projects.
• Clarified the authority to withhold payments regarding federal wage administration.
• Standardized the required frequency of checking for certified payroll collection and the methods to document tracking.
• Defined “timely,” given the circumstances surrounding weekly collection of certified payrolls and sanctions on a monthly pay estimate, including:
o The timeline when the Department must communicate overdue certified payroll to the contractor and the allowable methods of that communication.
o The timeline for determining when the Department must consider imposing sanctions on the contractor after a certified payroll is overdue.
o The minimum required documentation that sanctions (e.g., partial deferral of payment) were considered against the contractor regarding an overdue certified payroll.
The Department discussed the updates to the Construction Manual and the audit findings at the statewide Documentation Engineering meeting, which was held in February 2025. Additionally, the Department will:
• Release the Construction Bulletin to include highlights on the updates in the Construction Manual.
• Share the details of the audit testing and exceptions with the Regional Documentation Engineers.
The conditions noted in this finding were previously reported in finding 2023-013.
Estimated June 2025
Jesse Daniels
External Audit Liaison
PO Box 47320
Olympia, WA 98504-7320
(360) 705-7035
danielje@wsdot.wa.gov