Finding 1055122 (2023-002)

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Requirement
P
Questioned Costs
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Year
2023
Accepted
2024-07-17
Audit: 315308
Auditor: Ata PLLC

AI Summary

  • Core Issue: The District failed to include Davis Bacon Act prevailing wage requirements in the contract and did not discuss them with the contractor, leading to significant noncompliance.
  • Impacted Requirements: The District did not follow record retention requirements or ensure compliance with prevailing wage rates during the construction project, violating federal grant guidelines.
  • Recommended Follow-Up: Ensure future contracts explicitly state Davis Bacon Act requirements, obtain weekly wage reports, and verify compliance throughout the project duration.

Finding Text

Davis Bacon Act prevailing wage requirements were not included in the contract or discussed with the contractor and Davis Bacon Act record retention requirements were not followed during the duration of the contruction project (significant deficiency and noncompliance). ALN Titlte and number: Education Stabilization Fund #84.425. Name of the Federal Agency: US Department of Education. Internal Control over Compliance: Auditee responsibilities. Condition and Context: The District did not discuss the need to meet the Davis Bacon Act prevailing wage requirements with the roof replacement contractor before requesting bids or signing a contract. The District also did not receive wage reports during the duration of the project and in turn, did not ensure that the contractor was in compliance with the Davis Bacon Act for prevailing wage rates paid to employees that worked on the roof replacement project prior to completion. The oversight was recognized prior to reimbursement and they took action to try to remedy the noncompliance by requesting the missing documentation after the fact. Criteria: Per the 2023 compliance supplement, recipients and subrecipients that use the ESF funds for minor remodeling, renovation or construction contracts that are over $2,000and use laborers and mechanics must meet the Davis-Bacon prevailing wage requirements. Cause: The District had not implemented any controls or processes to ensure compliance with this requirement prior to executing contracts. Effect: Non-compliance with the Uniform Guidance for the Federal grant funding received. And this non-compliance could have led to additional funds being needed to compensate for a lower than prevainling wage rate paid to the Contrator's employees or it could have led to disallowed costs and a resulting repayment of federal grant funds received. Questioned Cost: Unknown. Repeated Finding: No. Recommendation: We recommend the District make the Davis Bacon Act pevailing wage requirements known as a requirement to contractors before accepting bids on projects in the future. We also recommend that the District make sure the contract ageement for the project includes a requirement for the contractor to comply with the Davis Bacon Act regarding prevailing wage rates. And we recommend the District receive weekly wage reports for the duration of the project and compare the wages paid with the prevailing wage rayes to ensure compliance with the Davis Bacon Act. Respnse: For any construction or building improvements requiring the use of contractors in the future, management will discuss adherence to the Davis Bacon Act regarding prevailing wages with the contractors and obtain documentation from the contractors demonstrating compliance with the Act.

Categories

Internal Control / Segregation of Duties Procurement, Suspension & Debarment Subrecipient Monitoring Cash Management Significant Deficiency

Other Findings in this Audit

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $91,569
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response $85,208
10.553 School Breakfast Program $53,131
84.358 Rural Education $21,330
10.555 National School Lunch Program $17,799
84.048 Career and Technical Education -- Basic Grants to States $16,189
84.027 Special Education_grants to States $11,022
84.424 Student Support and Academic Enrichment Program $10,000
84.367 Improving Teacher Quality State Grants $7,614
93.558 Temporary Assistance for Needy Families $7,039
84.173 Special Education_preschool Grants $6,041
84.425 Education Stabilization Fund $5,000
10.649 Pandemic Ebt Administrative Costs $628