Finding Text
Title 29, U. S. Code of Federal Regulations, Part 5, Sub-Part A Davis Bacon and Related Acts Provisions and Procedures (the “Davis-Bacon Act”), requires that any construction contract in excess of $2,000 that is funded wholly or in part by federal funds include prevailing wage rate clauses. The laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds must be paid wages not less than those established for locality of project (prevailing wage rates) by the Department of Labor (DOL) and the contractor or subcontractor must submit to the nonfederal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). During fiscal year 2024, the Board entered into construction projects that did not include prevailing wage rate clauses nor were certified payrolls submitted to document compliance with the Davis-Bacon Act. The Board paid a total of $313,547.90 from COVID-19 Education Stabilization Funds without ensuring compliance with the David-Bacon Act. The Board did not have controls in place to ensure the Davis-Bacon Act wage rate requirements were included in construction contracts. As a result, the Board is not in compliance with the Davis-Bacon Act as it pertains to wage rate requirements. This finding was previously reported as Findin 2023-004.