Finding 1102132 (2024-003)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2025-03-05

AI Summary

  • Core Issue: The School Corporation failed to implement effective internal controls to ensure compliance with federal wage rate requirements for construction contracts funded by the Education Stabilization Fund.
  • Impacted Requirements: Noncompliance with 2 CFR 200.303 and 29 CFR 5.5, which mandate proper management and submission of certified payrolls for construction projects exceeding $2,000.
  • Recommended Follow-Up: Establish a robust internal control system to ensure timely collection and review of certified payrolls from all contractors and subcontractors to prevent future noncompliance.

Finding Text

FINDING 2024-003 Subject: COVID-19 - Education Stabilization Fund - Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listings Numbers: 84.425D, 84.425U Federal Award Numbers and Years (or Other Identifying Numbers): S425D210013, S425U210013 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Tests and Provisions - Wage Rate Requirements Audit Findings: Material Weakness, Modified Opinion Repeat Finding This is a repeat finding from the immediately prior audit report. The prior audit finding number was 2022-004. Condition and Context An effective internal control system, which would include segregation of duties, was not in place at the School Corporation in order to ensure compliance with requirements related to the grant agreement and the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Construction contracts in excess of $2,000 financed by federal assistance funds must pay wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (DOL) to their laborers and mechanics. Nonfederal entities are to include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with these requirements and the DOL regulations. This would include a requirement to submit a copy of the payroll and statement of compliance to the entity for each week in which contract work was performed. The School Corporation had not designed, nor implemented, a system of internal controls to ensure that the wage rate requirements were met for construction projects. The School Corporation contracted with a company to complete a greenhouse for $705,886 to be fully paid with the Education Stabilization Funds (ESF) and another company to complete a cafeteria for $5,221,000 to be partially paid from the ESF. Although both contracts included Wage Rate Requirements, only one certified payroll from a single subcontractor was presented for audit pertaining to these to construction contracts. The lack of internal controls and noncompliance were systemic issues throughout the audit period. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." INDIANA STATE BOARD OF ACCOUNTS 20 EAST WASHINGTON SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) 29 CFR 5.5 states in part: "(a) The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by § 5.1, the following clauses . . . (1) Minimum wages— (i) All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. . . . (3) . . . (ii) (A) The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the [write in name of appropriate Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the (write in name of agency). . . ." Cause The School Corporation's management had not implemented any type of internal control to ensure that contractors and subcontractors were properly submitting certified payrolls. Due to this lack of internal control, only one certified payroll was submitted during the audit period. Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, the School Corporation had not properly obtained and reviewed certified payrolls from contractors and subcontractors of projects funded with federal dollars. Noncompliance with the grant agreement and the compliance requirement could result in the loss of federal funds to the School Corporation. INDIANA STATE BOARD OF ACCOUNTS 21 EAST WASHINGTON SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Questioned Costs There were no questioned costs identified. Recommendation We recommended that the School Corporation's management design and implement a proper system of internal controls and develop policies and procedures to ensure all applicable construction contracts to be paid with federal dollars include payroll certifications provided to the School Corporation for review. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report. INDIANA STATE BOARD OF ACCOUNTS 22

Categories

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

Other Findings in this Audit

  • 525690 2024-003
    Material Weakness Repeat
  • 525691 2024-003
    Material Weakness Repeat
  • 525692 2024-003
    Material Weakness Repeat
  • 525693 2024-003
    Material Weakness Repeat
  • 525694 2024-003
    Material Weakness Repeat
  • 1102133 2024-003
    Material Weakness Repeat
  • 1102134 2024-003
    Material Weakness Repeat
  • 1102135 2024-003
    Material Weakness Repeat
  • 1102136 2024-003
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund 2023 $2.01M
10.555 National School Lunch Program 2024 $693,964
10.555 National School Lunch Program 2023 $627,100
84.027 Special Education Grants to States 2024 $372,957
84.010 Title I Grants to Local Educational Agencies 2024 $363,761
84.010 Title I Grants to Local Educational Agencies 2023 $327,355
10.553 School Breakfast Program 2024 $211,347
10.553 School Breakfast Program 2023 $161,993
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2023 $93,008
84.027 Special Education Grants to States 2023 $80,123
93.778 Medical Assistance Program 2023 $61,397
93.778 Medical Assistance Program 2024 $48,331
84.425 Education Stabilization Fund 2024 $46,488
84.424 Student Support and Academic Enrichment Program 2023 $27,275
84.424 Student Support and Academic Enrichment Program 2024 $17,997
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2024 $17,605
16.839 Stop School Violence 2023 $12,000
84.173 Special Education Preschool Grants 2024 $9,111
10.559 Summer Food Service Program for Children 2023 $7,050
84.173 Special Education Preschool Grants 2023 $5,981
10.559 Summer Food Service Program for Children 2024 $4,632
10.649 Pandemic Ebt Administrative Costs 2023 $628