Finding 12119 (2022-001)

Significant Deficiency
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-01-19

AI Summary

  • Core Issue: The District failed to ensure that laborers on federally funded construction contracts were paid the required prevailing wage rates.
  • Impacted Requirements: Noncompliance with federal Davis Bacon Act provisions, including lack of certified payroll submissions and proper contract coding.
  • Recommended Follow-Up: The District should review and implement Davis Bacon requirements, develop relevant policies, and correct accounting practices for grant expenditures.

Finding Text

Finding Number: 2022-001 Repeat Finding: No Program Name/Assistance Listing Title: Education Stabilization Fund Assistance Listing Number: 84.425D, 84.425U Federal Agency: U.S. Department of Education Federal Award Number: S425D210038, S425U210038 Pass-Through Agency: Arizona Department of Education Questioned Costs: Unknown Type of Finding: Noncompliance, Significant Deficiency Compliance Requirement: Special Tests and Provisions CRITERIA All 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 the locality of the project (prevailing wage rates) by the Department of Labor (DOL) (40 USC ??3141-3144, 3146, and 3147). CONDITION It could not be determined whether laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds were paid equal to or in excess of the prevailing wage rate for the locality. CAUSE The District was unaware Davis Bacon requirements applied to their construction contract. In addition, the contract was miscoded as equipment purchases instead of construction services. EFFECT The District did not comply with the special tests and provisions requirements of the grant. CONTEXT The District did not include required prevailing wage rate clauses in the contract or subcontract. The District did not require the contactor or subcontractor to submit the required certified payroll for each week work was performed. The District did not obtain prior approval from the Arizona Department of Education (ADE) nor submit the required ADE documentation related to the project. The sample was not intended to be, and was not, a statistically valid sample. RECOMMENDATION The District should review Federal requirements over Davis Bacon, develop policies and procedures, and ensure those developed policies and procedures are implemented. Further, the District should review the chart of accounts and ensure grant budget and expenditure amounts are recorded as prescribed in the chart of accounts. VIEWS OF RESPONSIBLE OFFICIALS See Corrective Action Plan.

Corrective Action Plan

Finding Number: 2022-001 Program Name/Assistance Listing Title: Education Stabilization Fund Assistance Listing Number: 84.425D, 84.425U Contact Person: Dr. Derek Etheridge Anticipated Completion Date: December 15, 2022 Planned Corrective Action: Recommendation: The District should review Federal requirements over Davis Bacon. Planned Corrective Action: Members of the Cartwright School District Federal Programs Department and members of the Cartwright School District Business Services Department will attend training on the Education Department General Administrative Regulations (EDGAR), specifically as it relates to the use of Federal funds for the purpose of construction, including Davis Bacon. This training will be conducted by Brustein & Manasevit, Arizona Department of Education, or another expert in EDGAR policies and procedures. Recommendation: The District should develop policies and procedures [around Davis Bacon] and ensure those developed policies and procedures are implemented. Planned Corrective Action: In general, Federal funds will not be used for construction projects in the district, as construction is generally not allowed using Federal funding sources. However, in the rare event that Federal funds are used for construction projects, the following policies/procedures will be implemented: ? Before the school district enters into a contract for a construction project, the Director of Federal Programs will ensure the project is allowable under the appropriate Federal grant and will submit required documentation to request prior approval from the Arizona Department of Education. The District will not proceed with the planned construction project until the Arizona Department of Education provides approval. ? All construction contracts in which Federal funds will be used will contain language requiring prevailing wages. ? All construction contracts in which Federal funds will be used will contain language requiring the contractor and/or subcontractor to submit certified payroll records weekly to the Cartwright School District Director of Business Services. ? The Cartwright School District Director of Business Services will review the certified payroll records weekly to ensure prevailing wages are being paid by the contractor and/or subcontractor. Recommendation: The District should review the chart of accounts and ensure grant budget and expenditure amounts are recorded as prescribed in the chart of accounts. Planned Corrective Action: Members of the Cartwright School District Business Services Department will attend training on the Uniform System of Financial Records (USFR), specifically the section regarding the chart of accounts. This training will be conducted by Heinfeld & Meech, Arizona Association of School Business Officials, or another expert in the Uniform System of Financial Records? chart of accounts. The Director of Business Services will then present the information to all District administrators, including those in the Federal Programs Department. All requisitions will follow multiple approvals to provide the opportunity to review the account codes for accuracy. At a minimum, when utilizing Federal funds, approvals will include an administrator in Cartwright School District?s Federal Programs Department, the Cartwright School District Purchasing Department, and an administrator in Cartwright School District?s Business Services Department.

Categories

Special Tests & Provisions Procurement, Suspension & Debarment Significant Deficiency Equipment & Real Property Management

Other Findings in this Audit

  • 12120 2022-001
    Significant Deficiency
  • 12121 2022-001
    Significant Deficiency
  • 588561 2022-001
    Significant Deficiency
  • 588562 2022-001
    Significant Deficiency
  • 588563 2022-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
10.559 Summer Food Service Program for Children $11.67M
84.010 Title I Grants to Local Educational Agencies $10.23M
32.009 Covid-19 Emergency Connectivity Fund Program $4.65M
84.027 Special Education_grants to States $3.30M
10.558 Child and Adult Care Food Program $2.75M
10.555 National School Lunch Program $1.02M
84.367 Supporting Effective Instruction State Grants $907,527
10.582 Fresh Fruit and Vegetable Program $791,373
84.424 Student Support and Academic Enrichment Program $775,233
84.365 English Language Acquisition State Grants $614,114
10.555 Covid-19 National School Lunch Program $535,538
84.425 Covid-19 Education Stabilization Fund $285,363
93.778 Medical Assistance Program $261,117
84.287 Twenty-First Century Community Learning Centers $236,409
84.310 Statewide Family Engagement Centers $126,670
21.027 Covid-19 Coronavirus State and Local Fiscal Recovery Funds $100,000
10.579 Child Nutrition Discretionary Grants Limited Availability $86,351
84.173 Special Education_preschool Grants $77,626
84.027 Covid-19 Special Education_grants to States $48,201
84.196 Education for Homeless Children and Youth $47,826
10.558 Covid-19 Child and Adult Care Food Program $23,944
84.371 Comprehensive Literacy Development $15,923
10.649 Covid-19 Pandemic Ebt Food Benefits $4,811