Finding 1223503 (2025-010)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-07-09

AI Summary

  • Core Issue: All tested contracts (100%) totaling $301,011 lacked required clauses for compliance with the Davis-Bacon Act and did not enforce weekly certified payroll submissions.
  • Impacted Requirements: Noncompliance with 29 CFR 5.5 regarding contract clauses and certified payroll submissions for federally funded construction work.
  • Recommended Follow-Up: Management should enhance review processes to ensure all federal contract clauses are included in contracts and monitor compliance with payroll submission requirements.

Finding Text

Finding No.: 2025-010 Identification of Federal Program: Federal Agency: U.S. Department of Housing and Urban Development (HUD) AL Program: 14.239 HOME Investment Partnerships (HOME) Program Federal Award No.: M18ST660202, M21ST660202, M22ST660202, M23ST660202 Area: Special Tests and Provisions – Wage Rate Determination Criteria or specific requirement (including statutory, regulatory or other citation): 29 CFR 5.5 states: (a) Required contract clauses. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor). 29 CFR 5.5(a)(3)(ii) states: (ii) Certified payroll requirements — (A) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the [write in name of appropriate Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency]. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. Finding No.: 2025-010, continued Condition: Of the three contractual labor transactions tested, all (100%), totaling $301,011, did not include the required contract clause addressing compliance with the Davis-Bacon and Related Acts, including all applicable rulings and interpretations under 29 CFR Parts 1, 3, and 5. Additionally, for these same contracts, the entity did not enforce the requirement for contractors or subcontractors to submit certified payrolls on a weekly basis for each week in which Davis-Bacon or Related Acts-covered work was performed. Item # Purchase Order Expenditures Questioned Costs 1 241616 $ 99,611 $ 99,611 2 250207 55,400 55,400 3 250994 146,000 146,000 $301,011 $301,011 Cause: Management lacks a formalized process or checklist to ensure that (1) all federally required contract clauses, including those related to Davis-Bacon and Related Acts compliance under 29 CFR Parts 1, 3, and 5, are consistently incorporated into applicable contracts, and (2) contractors and subcontractors are monitored for compliance with certified payroll submission requirements on a weekly basis for all covered work performed. Effect or potential effect: GHURA is in noncompliance for entering into contractual labor without the effect of Compliance with Davis-Bacon and Related Act clauses and obtaining required certified payroll submissions. Questioned costs: $301,011 Identification as a repeat finding: Not applicable. Recommendation: Management should strengthen review and oversight procedures within the A/E Division to ensure all required Federal contract clauses are consistently included in procurements, regardless of dollar threshold, prior to contract execution. This process should include a documented review of the scope of services to identify work of a labor nature and ensure inclusion of applicable Davis-Bacon Act (DBA) provisions where required. Finding No.: 2025-010, continued Views of Responsible Officials: Management partially concurs with the finding. Refer to Management’s position as outlined in the Corrective Action Plan. Conclusion: The finding remains as the condition relates to the support available for review for audit submission that is a draft copy with pending sections without sufficient evidence of effective approval. Management provided response for additional information on June 28, 2026. As we did not have sufficient time to corroborate and examine said additional documentation, our finding remains as there was insufficient evidence to determine compliance at the time of the audit.

Corrective Action Plan

Finding #2025-010 14.239 HOME Investment Partnerships (HOME) Program Special Tests and Provisions – Wage Rate Determination Views of Responsible Officials and Planned Corrective Action Management’s Position: 1. Purchase Order #241616 – Management concurs with the finding and acknowledges the need to strengthen internal controls. 2. Purchase Order #250207 – Management respectfully disagrees with this finding. 3. Purchase Order #250994 – Management respectfully disagrees with this finding. Corrective Actions: Purchase Order # 241616 Management continues to implement improved processes to ensure more consistent compliance monitoring and documentation. This file will be reviewed and corrected as necessary. Management will maintain ongoing monitoring to ensure continuous improvement and sustained compliance. Periodic internal reviews and oversight checkpoints will be conducted throughout the project lifecycle to identify issues early, reinforce accountability, and support timely corrective action where needed. Responsible Party: Jo Lyn Terlaje, Community Development Manager Anticipated Date of Completion: Management confirms that strengthened internal controls have been implemented to improve oversight, tracking, and compliance monitoring across program activities. These controls include enhanced documentation procedures, defined review and approval processes, and improved coordination among responsible divisions.

Categories

Procurement, Suspension & Debarment Special Tests & Provisions HUD Housing Programs

Other Findings in this Audit

  • 1223495 2025-002
    Material Weakness Repeat
  • 1223496 2025-003
    Material Weakness Repeat
  • 1223497 2025-004
    Material Weakness Repeat
  • 1223498 2025-005
    Material Weakness Repeat
  • 1223499 2025-006
    Material Weakness Repeat
  • 1223500 2025-007
    Material Weakness Repeat
  • 1223501 2025-008
    Material Weakness Repeat
  • 1223502 2025-009
    Material Weakness Repeat
  • 1223504 2025-011
    Material Weakness Repeat
  • 1223505 2025-012
    Material Weakness Repeat
  • 1223506 2025-013
    Material Weakness Repeat
  • 1223507 2025-014
    Material Weakness Repeat
  • 1223508 2025-015
    Material Weakness Repeat
  • 1223509 2025-016
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
14.871 SECTION 8 HOUSING CHOICE VOUCHERS $51.89M
14.248 COMMUNITY DEVELOPMENT BLOCK GRANTS SECTION 108 LOAN GUARANTEES $11.31M
14.850 PUBLIC HOUSING OPERATING FUND $7.24M
14.239 HOME INVESTMENT PARTNERSHIPS PROGRAM $5.62M
14.872 PUBLIC HOUSING CAPITAL FUND $4.19M
14.U01 EMERGENCY HOUSING VOUCHER $1.55M
14.228 COMMUNITY DEVELOPMENT BLOCK GRANTS/STATE'S PROGRAM AND NON-ENTITLEMENT GRANTS IN HAWAII $1.14M
14.267 CONTINUUM OF CARE PROGRAM $1.05M
14.157 SUPPORTIVE HOUSING FOR THE ELDERLY $623,030
14.879 MAINSTREAM VOUCHERS $479,687
14.225 COMMUNITY DEVELOPMENT BLOCK GRANTS/SPECIAL PURPOSE GRANTS/INSULAR AREAS $429,662
21.027 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS $245,283
14.896 FAMILY SELF-SUFFICIENCY PROGRAM $180,272
14.870 RESIDENT OPPORTUNITY AND SUPPORTIVE SERVICES - SERVICE COORDINATORS $79,730
14.191 MULTIFAMILY HOUSING SERVICE COORDINATORS $68,838
14.275 HOUSING TRUST FUND $33,902
14.231 EMERGENCY SOLUTIONS GRANT PROGRAM $16,106