Finding Text
Criteria: Nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements (formerly known as Davis-Bacon Act requirements) a provision that the contractor or subcontractor comply with those requirements and the Department of Labor (DOL) regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction). This includes a requirement for the contractor or subcontractor to 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). Additionally internal controls should be in place to ensure any such contracts include the required provisions as well to ensure certified payrolls are received timely. Condition: During fiscal year 2024, the School District did not comply with the Wage Rate Requirements and controls were not in place to ensure compliance. Context: The School District entered into a construction contract, and while all certified payrolls were obtained, no documentation was provided to substantiate the certified payrolls were obtained timely (weekly). Cause: Management oversight. Effect: The School District did not comply with the Wage Rate Requirements for construction contracts. Recommendation: We recommend the School District establish procedures to ensure compliance with Wage Rate Requirements for future construction contracts and implement necessary internal controls. Views of Responsible Officials and Planned Corrective Action: We concur. We will establish procedures to ensure compliance with Wage Rate Requirements and implement necessary associated internal controls.