Finding 1206031 (2025-003)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-04-07

AI Summary

  • Core Issue: The Authority failed to inform contractors about federal funding, leading to non-compliance with the Davis-Bacon Act regarding prevailing wages.
  • Impacted Requirements: Non-compliance with 2 CFR 200.327 and 2 CFR 200.303, which mandate adherence to federal wage laws and effective controls over federal awards.
  • Recommended Follow-Up: Management should enhance understanding of the Davis-Bacon Act and establish a review process to ensure contracts and invoices meet prevailing wage requirements.

Finding Text

U.S. Department of Housing and Urban Development, passed through Barren County Fiscal Court ALN 14.251 – Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Contract No. B-22-CP-KY-0347 (2022) and B-23-CP-KY-0612 (2023) Criteria: 2 CFR 200.327 requires non-Federal entities to include a provision for compliance with the Davis-Bacon Act as supplemented by Department of Labor regulations. The Davis-Bason Act requires contractors to pay prevailing wages on federally funded or assisted construction projects, and requires non-Federal entities entering into such construction contracts to collect weekly certified payroll reports for all weeks in which wages are paid to construction workers. 2 CFR 200.303 requires recipients and subrecipients to establish, document, and maintain effective controls over Federal awards. Condition: During our audit procedures, we noted the Authority did not notify contractors that Federal funds would be in payments. As such, contractors did not include federal prevailing wage language in their bids/contracts, and did not provide weekly certified payroll reports to the Authority. Cause: Management was unaware of the requirements of prevailing wage for federal construction grants, and as such, did not communicate to contractors that federal funds would be utilized. Effect: The Authority was not in compliance with the Davis-Bacon Act and related regulations. Questioned Costs: Unable to determine. Recommendation: We recommend management obtain a greater understanding of the Davis-Bacon Act, and implement a review process whereby contracts and invoices are not approved without appropriate prevailing wage consideration and certified payrolls. Views of Responsible Officials and Planned Corrective Actions: Management concurs with the finding and as a result, the Authority will gain a greater understanding of HUD grants, and will implement a review process to ensure prevailing wage requirements are considered prior to approving contracts and invoices.

Corrective Action Plan

2025-003 PREVAILING WAGE U.S. Department of Housing and Urban Development ALN 14.251 – Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Contract No. B-22-CP-KY-0347 (2022) and B-23-CP-KY-0612 (2023) Criteria and Condition: During our audit procedures, we noted the Authority did not notify contractors that Federal funds would be in payments. As such, contractors did not include federal prevailing wage language in their bids/contracts, and did not provide weekly certified payroll reports to the Authority. Cause: Management was unaware of the requirements of prevailing wage for federal construction grants, and as such, did not communicate to contractors that federal funds would be utilized. Effect: The Authority was not in compliance with the grant requirements in the OMB Compliance Supplement over prevailing wage requirements for laborers and mechanics. Questioned Costs: Unable to determine. Recommendation: We recommend management obtain a greater understanding of the Compliance Supplement requirements over HUD grants, and implement a review process whereby contracts and invoices are not approved without appropriate prevailing wage consideration and certified payrolls. Action Taken: The Authority will gain a greater understanding of HUD grants, and will implement a review process to ensure prevailing wage requirements are considered prior to approving contracts and invoices. Individual(s) responsible for implementing: Maureen Carpenter, CEO Anticipated Completion Date: September 30, 2026

Categories

Procurement, Suspension & Debarment Subrecipient Monitoring HUD Housing Programs Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1206028 2025-002
    Material Weakness Repeat
  • 1206029 2025-002
    Material Weakness Repeat
  • 1206030 2025-003
    Material Weakness Repeat
  • 1206032 2025-004
    Material Weakness Repeat
  • 1206033 2025-004
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.251 ECONOMIC DEVELOPMENT INITIATIVE, COMMUNITY PROJECT FUNDING, AND MISCELLANEOUS GRANTS $346,206