Finding 1095468 (2023-004)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2025-01-13
Audit: 337545
Organization: School District of Cudahy (WI)

AI Summary

  • Core Issue: Contracts for federally funded projects lacked necessary clauses for compliance with the Davis-Bacon Act.
  • Impacted Requirements: Noncompliance with 29 CFR Part 5 regarding labor standards in federally financed construction contracts.
  • Recommended Follow-Up: Implement internal controls to ensure all contracts include required Davis-Bacon Act provisions.

Finding Text

Federal Agency: U.S. Department of Education Federal Program Name: Elementary and Secondary Education School Emergency Relief and Governors Emergency Education Relief Fund Assistance Listing Number: 84.425D & 84.425C Federal Award Identification Number and Year: 2021 Pass-Through Agency: Wisconsin Department of Public Instruction Pass-Through Number(s): 2021-401253-DPI-GEERF-162, 2022-401253-DPI-ESSERFII-163 & 2022-401253-DPI-ESSERFIII-165 Award Period: July 1, 2020 through September 30, 2022, March 13, 2020 through September 30, 2029 and July 1, 2020 through September 30 ,2024 Type of Finding: Material Weakness in Internal Control over Compliance and Material Noncompliance (Modified Opinion) Criteria or specific requirement: 29 CFR Part 5, Labor Standards Provisions Applicable to Contacts Governing Federally Financed and Assisted Construction requires that all nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements (which still may be referenced as the Davis-Bacon Act) a provision that the contractor or subcontractor comply with those requirements and the DOL regulations. Condition: During testing of both of the qualifying contracts for selected for testing for compliance with requirements of the Davis-Bacon Act. Neither contract contained requirement clauses communicating required compliance with Davis-Bacon Act provisions. Questioned costs: None Context: The agreements entered into during the fiscal year under audit were for project that were below the scope the contractor and District require full contracts for. As such simplified agreements were entered, which did not include written Davis-Bacon Act clauses. Cause: The District did not design and implement controls to ensure contract qualifying for Davis-Bacon Act compliance included all required clauses. Effect: Projects subject to compliance with provisions of the Davis-Bacon Act may not have been conducted in compliance with such requirements. Repeat Finding: The finding is not a repeat finding. Recommendation: We recommend the District design and implement internal controls that ensure all necessary clauses, provisions and languages in included in contracts subject to compliance with Davis-Bacon Act. Views of responsible officials: There is no disagreement with the audit finding.

Categories

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

Other Findings in this Audit

  • 519021 2023-006
    Material Weakness
  • 519022 2023-007
    Material Weakness
  • 519023 2023-003
    Significant Deficiency
  • 519024 2023-003
    Significant Deficiency
  • 519025 2023-003
    Significant Deficiency
  • 519026 2023-004
    Material Weakness
  • 519027 2023-004
    Material Weakness
  • 519028 2023-004
    Material Weakness
  • 519029 2023-005
    Significant Deficiency
  • 519030 2023-005
    Significant Deficiency
  • 519031 2023-006
    Significant Deficiency
  • 1095463 2023-006
    Material Weakness
  • 1095464 2023-007
    Material Weakness
  • 1095465 2023-003
    Significant Deficiency
  • 1095466 2023-003
    Significant Deficiency
  • 1095467 2023-003
    Significant Deficiency
  • 1095469 2023-004
    Material Weakness
  • 1095470 2023-004
    Material Weakness
  • 1095471 2023-005
    Significant Deficiency
  • 1095472 2023-005
    Significant Deficiency
  • 1095473 2023-006
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $651,000
84.027 Special Education Grants to States $470,871
93.778 Medical Assistance Program $416,928
10.553 School Breakfast Program $386,970
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $80,808
84.424 Student Support and Academic Enrichment Program $47,735
10.559 Summer Food Service Program for Children $37,452
84.365 English Language Acquisition State Grants $35,450
10.582 Fresh Fruit and Vegetable Program $21,415
84.173 Special Education Preschool Grants $16,738
84.048 Career and Technical Education -- Basic Grants to States $5,666
84.425 Education Stabilization Fund $478
10.555 National School Lunch Program $-3,248