Finding 1191218 (2025-005)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-03-27

AI Summary

  • Core Issue: The Authority failed to ensure timely and accurate submission of certified payrolls, leading to noncompliance with federal wage rate requirements.
  • Impacted Requirements: Compliance with 2 CFR 200 mandates weekly certified payroll submissions, complete documentation, and proper certification dates.
  • Recommended Follow-Up: Implement stronger internal controls, enhance contractor monitoring, and provide training on wage rate compliance and documentation.

Finding Text

Finding Reference 2025-05 Assistance Listing Number 20.205 Highway Planning and Construction (Federal-Aid Highway Program) Name of Federal Agency Department of Transportation Compliance Requirement Special Tests and Provisions – Wage Rate Requirements Type of Finding Significant Deficiency on Internal Control and Noncompliance Condition From a sample of forty (40) payroll transactions of construction projects, the following exceptions were identified: Seven (7) instances where certified payrolls were submitted more than seven (7) days after the payroll period, indicating they were not certified on a weekly basis. Four (4) instances where no supporting documentation was provided to ensure compliance with the wage rate requirements. Two (2) instances where certified payrolls were signed by the contractor but did not include a certification date, preventing verification that certification occurred within the required seven (7)-day timeframe. A similar condition was reported in the prior year’s single audit as finding No. 2024-03. Criteria 2 CFR 200 for the Highway Planning and Construction requires recipients and subrecipients to comply with Davis- Bacon and related wage rate requirements, including: Contractors and subcontractors must submit certified payrolls on a weekly basis. Certified payrolls must be complete, accurate, and properly certified, including the date of certification. The recipient must maintain adequate supporting documentation and internal controls to ensure compliance with wage rate requirements. Cause The Authority has not established or consistently implemented effective monitoring controls over contractors responsible for submitting certified payrolls in accordance with Davis-Bacon requirements. Although contractors are responsible for preparing and submitting certified payrolls through the Authority, the Authority did not implement sufficient oversight procedures to: Ensure certified payrolls were submitted timely on a weekly basis in accordance with federal requirements; Perform and document a formal review of payroll submissions for completeness and accuracy, including verification of certification dates; and Follow up on late, incomplete, or missing payroll documentation. This condition indicates that the Authority’s control framework does not clearly define and enforce its oversight responsibility as the recipient to ensure contractor compliance with wage rate requirements. As a result, monitoring activities over contractors were not performed consistently or documented adequately. Effect The Authority was not in compliance with federal wage rate requirements which causes an increased risk that laborers and mechanics may not have been paid in accordance with applicable prevailing wage rates. Lack of documentation impairs the Authority’s ability to demonstrate compliance and increases the risk of undetected errors or noncompliance. Questioned Costs None. Recommendation We recommend the Authority: 1. Strengthen internal controls over wage rate compliance by implementing procedures to: o Ensure certified payrolls are submitted and reviewed weekly; o Verify that all payrolls include complete certification, including dates; and o Maintain adequate supporting documentation for all payroll reviews. 2. Enhance monitoring procedures over contractors and subcontractors, including: o Documented review checklists; o Timeliness tracking of payroll submissions; and o Follow-up on missing or incomplete documentation. 3. Provide training to personnel and contractors on federal wage rate requirements and documentation expectations. Views of Responsible Officials Refer to Management’s unaudited corrective action plan.

Corrective Action Plan

Finding Reference 2025-05 Corrective Action Plan: The Authority implemented the following actions in March 2026 to ensure compliance with the Davis-Bacon Act and strengthen payroll certification process: On March 11, 2026, all personnel of the Construction Office receive adequate training on Davis-Bacon Act requirements and payroll certification processes. On March 20, 2026, the Authority prepared a formal communication to reinforce the compliance with the Davis Bacon Act and to provide updated forms and instructions for completing certification payroll process. On March 3, 2026, the Authority contracted external consultants to enhance monitoring procedures over contractors and subcontractors, including timeliness tracking of properly certified payroll on a weekly basis and follow-up on missing or incomplete documentation Responsible: Mr. Emilio Garay, PE, Construction Office Director Planned Implementation Date: In process. Expected to be completed on or before June 30, 2026.

Categories

Subrecipient Monitoring Internal Control / Segregation of Duties Special Tests & Provisions Allowable Costs / Cost Principles Significant Deficiency

Other Findings in this Audit

  • 1191215 2025-002
    Material Weakness Repeat
  • 1191216 2025-003
    Material Weakness Repeat
  • 1191217 2025-004
    Material Weakness Repeat
  • 1191219 2025-006
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
20.205 HIGHWAY PLANNING AND CONSTRUCTION $253.58M
20.507 FEDERAL TRANSIT FORMULA GRANTS $53.11M
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $24.10M
20.509 FORMULA GRANTS FOR RURAL AREAS AND TRIBAL TRANSIT PROGRAM $8.21M
20.527 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM $8.00M
20.513 ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES $4.01M
20.500 FEDERAL TRANSIT CAPITAL INVESTMENT GRANTS $2.65M
20.525 STATE OF GOOD REPAIR GRANTS PROGRAM $2.50M
97.036 DISASTER GRANTS - PUBLIC ASSISTANCE (PRESIDENTIALLY DECLARED DISASTERS) $1.42M
20.505 METROPOLITAN TRANSPORTATION PLANNING AND STATE AND NON-METROPOLITAN PLANNING AND RESEARCH $965,434
20.526 BUSES AND BUS FACILITIES FORMULA, COMPETITIVE, AND LOW OR NO EMISSIONS PROGRAMS $572,409
20.516 JOB ACCESS AND REVERSE COMMUTE PROGRAM $191,691