Finding 1114684 (2024-006)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2025-03-27

AI Summary

  • Core Issue: The School Corporation failed to maintain effective internal controls, leading to non-compliance with wage rate requirements for federally funded construction contracts.
  • Impacted Requirements: The lack of certified payroll submissions for two out of three construction invoices violated federal regulations, specifically the Davis-Bacon Act and related compliance standards.
  • Recommended Follow-Up: Implement a robust internal control system to ensure compliance with wage rate requirements and regularly review contract documentation for accuracy.

Finding Text

FINDING 2024-006 Subject: COVID-19 - Education Stabilization Fund - Special Test and Provisions - Wage Rate Requirement Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listings Numbers: 84.425D, 84.425U, 84.425W Federal Award Numbers and Years (or Other Identifying Numbers): S425D210013, S425U210013, S425W210015 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Test and Provisions - Wage Rate Requirement Audit Findings: Material Weakness, Modified Opinion Condition and Context An effective internal control system was not in place at the School Corporation to ensure compliance with requirements related to the grant agreement and the Special Test and Provisions - Wage Rate 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 paid three construction invoices during the audit period. A copy of the certified payroll and statement of compliance was not provided for two of the three construction invoices. The lack of internal controls was a systemic issue 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 27 EAST NOBLE SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) 29 CFR 5.5 states in part: "(a) Required contract clauses. 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) Wage rates and fringe benefits. 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) Records and certified payrolls– (ii) Certified payroll requirements– (A) Frequency and method of submission. 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]. . . ." 2 CFR 200 Appendix II states in part: "In addition to other provisions required by the Federal agency or non-Federal entity; all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. . . . (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. . . ." INDIANA STATE BOARD OF ACCOUNTS 28 EAST NOBLE SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Cause Management of the School Corporation did not have an effective internal control system in place to detect noncompliance when the contractor did not provide the School Corporation with a copy of the certified payroll and statement of compliance for all construction invoices. 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, not all certified payrolls were provided to the School Corporation by the contractor. Noncompliance with the provisions of federal statutes, regulations, and the terms and conditions of the federal award could result in the loss of future federal funding to the School Corporation. Questioned Costs There were no questioned costs identified. Recommendation We recommended that management of the School Corporation establish a proper system of internal controls and develop policies and procedures to ensure that all certified payrolls are provided to the School Corporation from the contractor. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 538219 2024-003
    Material Weakness Repeat
  • 538220 2024-003
    Material Weakness Repeat
  • 538221 2024-003
    Material Weakness Repeat
  • 538222 2024-003
    Material Weakness Repeat
  • 538223 2024-003
    Material Weakness Repeat
  • 538224 2024-003
    Material Weakness Repeat
  • 538225 2024-004
    Material Weakness
  • 538226 2024-004
    Material Weakness
  • 538227 2024-004
    Material Weakness
  • 538228 2024-004
    Material Weakness
  • 538229 2024-004
    Material Weakness
  • 538230 2024-004
    Material Weakness
  • 538231 2024-005
    Material Weakness
  • 538232 2024-005
    Material Weakness
  • 538233 2024-005
    Material Weakness
  • 538234 2024-005
    Material Weakness
  • 538235 2024-005
    Material Weakness
  • 538236 2024-005
    Material Weakness
  • 538237 2024-005
    Material Weakness
  • 538238 2024-005
    Material Weakness
  • 538239 2024-005
    Material Weakness
  • 538240 2024-006
    Material Weakness
  • 538241 2024-006
    Material Weakness
  • 538242 2024-006
    Material Weakness
  • 538243 2024-006
    Material Weakness
  • 538244 2024-006
    Material Weakness
  • 538245 2024-006
    Material Weakness
  • 538246 2024-006
    Material Weakness
  • 538247 2024-006
    Material Weakness
  • 538248 2024-006
    Material Weakness
  • 538249 2024-007
    Material Weakness
  • 538250 2024-007
    Material Weakness
  • 538251 2024-007
    Material Weakness
  • 538252 2024-007
    Material Weakness
  • 538253 2024-008
    Material Weakness
  • 538254 2024-008
    Material Weakness
  • 1114661 2024-003
    Material Weakness Repeat
  • 1114662 2024-003
    Material Weakness Repeat
  • 1114663 2024-003
    Material Weakness Repeat
  • 1114664 2024-003
    Material Weakness Repeat
  • 1114665 2024-003
    Material Weakness Repeat
  • 1114666 2024-003
    Material Weakness Repeat
  • 1114667 2024-004
    Material Weakness
  • 1114668 2024-004
    Material Weakness
  • 1114669 2024-004
    Material Weakness
  • 1114670 2024-004
    Material Weakness
  • 1114671 2024-004
    Material Weakness
  • 1114672 2024-004
    Material Weakness
  • 1114673 2024-005
    Material Weakness
  • 1114674 2024-005
    Material Weakness
  • 1114675 2024-005
    Material Weakness
  • 1114676 2024-005
    Material Weakness
  • 1114677 2024-005
    Material Weakness
  • 1114678 2024-005
    Material Weakness
  • 1114679 2024-005
    Material Weakness
  • 1114680 2024-005
    Material Weakness
  • 1114681 2024-005
    Material Weakness
  • 1114682 2024-006
    Material Weakness
  • 1114683 2024-006
    Material Weakness
  • 1114685 2024-006
    Material Weakness
  • 1114686 2024-006
    Material Weakness
  • 1114687 2024-006
    Material Weakness
  • 1114688 2024-006
    Material Weakness
  • 1114689 2024-006
    Material Weakness
  • 1114690 2024-006
    Material Weakness
  • 1114691 2024-007
    Material Weakness
  • 1114692 2024-007
    Material Weakness
  • 1114693 2024-007
    Material Weakness
  • 1114694 2024-007
    Material Weakness
  • 1114695 2024-008
    Material Weakness
  • 1114696 2024-008
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program $1.45M
84.010 Title I Grants to Local Educational Agencies $582,891
10.553 School Breakfast Program $243,182
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $146,864
10.559 Summer Food Service Program for Children $121,788
84.027 Special Education Grants to States $84,344
93.778 Medical Assistance Program $26,583
84.365 English Language Acquisition State Grants $26,025
84.424 Student Support and Academic Enrichment Program $23,859
84.173 Special Education Preschool Grants $4,998
84.425 Education Stabilization Fund $3,180
10.649 Pandemic Ebt Administrative Costs $3,135