Finding 1062198 (2023-002)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-09-05

AI Summary

  • Core Issue: The Board did not include required prevailing wage rate clauses in construction contracts over $2,000, nor did it obtain certified payrolls for compliance.
  • Impacted Requirements: This oversight violates federal regulations under Title 29, U.S. Code, which mandates adherence to prevailing wage rates and submission of certified payrolls.
  • Recommended Follow-Up: The Board should revise its policies and procedures to ensure compliance with federal regulations for future construction contracts funded by federal assistance.

Finding Text

ASSISTANCE LISTING NUMBER AND TITLE: 84.425-Education Stabilization Fund FEDERAL AWARDING AGENCY: U. S. Department of Education PASS-THOUGH ENTITY: Alabama Department of Education TYPE: Internal Control and Compliance CRITERIA: Title 29, U.S. Code of Federal Regulations, Subtitle A, Part 5, Subpart A-Davis Bacon and Related Acts Provisions and Procedures requires that any construction contract in excess of $2,000 that is funded wholly or in part by federals funds include prevailing wage rate clauses. The laborers and mechanics employed by contractors or subcontractors to work on construction contract in excess of $2,000 financed by federal assistance funds must be paid wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor and the contractor or subcontractor must submit to the nonfederal entity weekly, for each week in which any contract is performed, a copy of the payroll and a statement of compliance (certified payrolls). CONDITION: During fiscal year 2023, the Board entered into construction contracts that did not include the prevailing wage rate clauses nor were required certified payrolls submitted to the Board that documented compliance with these regulations. CAUSE: Incomplete implementation of Federal regulations. POSSIBLE ASSERTED EFFECT: The Board failed to comply with the Special Tests and Provisions set forth in the OMB Compliance Supplement. CONTEXT: The Board had 2 construction contracts that were subject to these provisions. QUESTIONED COSTS: The questioned costs, if any, were incalculable. RECOMMENDATION: The Board should review its current policies and procedures to ensure compliance with these regulations when federal funds are used to fund construction contracts. VIEWS OF RESPONSIBLE OFFICIALS OF THE AUDITEE: The Board agrees with the finding.

Categories

Special Tests & Provisions Matching / Level of Effort / Earmarking Internal Control / Segregation of Duties

Other Findings in this Audit

  • 485754 2023-002
    Material Weakness
  • 485755 2023-002
    Material Weakness
  • 485756 2023-002
    Material Weakness
  • 1062196 2023-002
    Material Weakness
  • 1062197 2023-002
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $1.68M
10.553 School Breakfast Program $729,834
32.004 Universal Service Fund - Schools and Libraries $562,669
93.575 Child Care and Development Block Grant $341,000
84.367 Improving Teacher Quality State Grants $261,443
84.027 Special Education_grants to States $223,549
10.555 National School Lunch Program $223,335
84.424 Student Support and Academic Enrichment Program $182,659
84.048 Career and Technical Education -- Basic Grants to States $102,546
84.126 Rehabilitation Services_vocational Rehabilitation Grants to States $44,519
84.365 English Language Acquisition State Grants $43,350
84.425 Education Stabilization Fund $37,130
84.173 Special Education_preschool Grants $20,202
84.196 Education for Homeless Children and Youth $19,169
96.001 Social Security_disability Insurance $1,520