Finding 1240451 (2025-016)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-10-14
Audit: 414946
Organization: Guam Department of Education (GU)

AI Summary

  • Core Issue: GDOE failed to include required Davis-Bacon Act compliance provisions in contracts, leading to noncompliance with wage rate requirements.
  • Impacted Requirements: Contracts did not have necessary provisions for certified payroll submissions, affecting 44% of reviewed contracts totaling $4,255,458.
  • Recommended Follow-Up: Implement stronger monitoring controls to ensure compliance with wage rate requirements and address the identified repeat finding.

Finding Text

Finding No.: 2025-016 – Special Tests and Provisions - Wage Rate Requirements Identification of the federal program: Federal Agency: U.S. Department of Education AL No. and Title: 84.425 Education Stabilization Fund 84.425A Education Stabilization Fund – State Educational Agency (Outlying Areas) Federal Award No.: S425A210003 Criteria or specific requirement (including statutory, regulatory or other citation): 29 CFR sections 5.5 and 5.6 requires nonfederal entities to include in their construction contracts subject to the Wage Rate Requirements (the Davis-Bacon Act) a provision that the contractor or subcontractor comply with those requirements and the DOL regulations. 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). Per Davis-Bacon and Related Acts, Davis-Bacon coverage has been found to apply to work such as installing a security system or an intrusion detection system, installing permanent shelving which is attached to a structure, installing air-conditioning ducts, excavating outside cable trenches and laying cable, installing heavy generators, mounting radar antenna, and installing instrumentation grounding systems. Condition: The executed contract between GDOE and a contractor relative to IFB 009-2023 did not include a provision that the contractor or subcontractor comply with the Davis-Bacon Act requirements and the DOL regulations. Further, related certified payrolls were not submitted by the contractor. Cause: GDOE believed the services performed by the vendor is outside the scope of the Davis-Bacon Act, hence, they did not perform procedures relative to the applicable requirement. Effect or Potential Effect: GDOE is in noncompliance with applicable special tests and provisions - wage rate requirements. Questioned Costs: $4,255,458 Context: We identified and tested all nine contracts subject to wage rate compliance requirements during the year, with expenditures totaling $85,166,804. The samples were statistically valid. Of nine contracts, four (or 44%) with total expenditures during the year of $4,255,458, did not include a provision that the contractor or subcontractor comply with the Davis-Bacon Act requirements and the DOL regulations. The four contracts that are noncompliant relate to one contractor. Identification as a repeat finding, if applicable: 2024-012 Recommendation: Responsible personnel should enforce monitoring controls over compliance with applicable special tests and provisions - wage rate requirements. View of Responsible Officials: GDOE acknowledges the finding and the related recommendation, however, does not concur with how the questioned costs are determined and provides details in its Corrective Action Plan. Conclusion: Our questioned costs remain. The amount presented as questioned costs above pertain to total expenditures during the year relating to contracts that did not include a provision that the contractor or subcontractor comply with the Davis-Bacon Act requirements and the DOL regulations. As defined in 2 CFR Part 200 Subpart A, “Questioned cost means an amount, expended or received from a Federal award, that in the auditor’s judgment: (i) Is noncompliant or suspected noncompliant with Federal statutes, regulations, or the terms and conditions of the Federal award; (ii) At the time of the audit, lacked adequate documentation to support compliance; or (iii) Appeared unreasonable and did not reflect the actions a prudent person would take in the circumstances. (2) The questioned cost amount under (1)(ii) is calculated as if the portion of a transaction that lacked adequate documentation were confirmed noncompliant. (6) Questioned costs are not improper payments until reviewed and confirmed to be improper payments as defined in OMB Circular A-123 Appendix C.”

Corrective Action Plan

Finding No.: 2025-016 Federal Agency: U.S. Department of Education AL Program: 84.425 Education Stabilization Fund 84.425A Education Stabilization Fund – State Educational Agency (Outlying Areas) Federal Award No.: S425A210003 Area: Special Tests and Provisions – Wage Rate Requirements Questioned Costs: $4,255,458 Views of Auditee and Corrective Actions GDOE concurs with the recommendation that controls over compliance with applicable Wage Rate Requirements should be strengthened. GDOE was not aware of the broader factors that would trigger the Davis-Bacon requirement. All the training and webinars GDOE program personnel attended iterated the requirement when federal funds are used for construction projects. However, GDOE does not concur with the determination that the entire $4,255,458 associated with the identified construction project constitutes questioned costs. GDOE acknowledges that the required certified payroll documentation was not maintained for the transactions identified in the finding. GDOE further acknowledges the need to strengthen its procurement and contract administration procedures to ensure that federally funded construction activities subject to applicable Wage Rate Requirements contain the required contractual provisions and that certified payroll documentation is obtained, reviewed, and retained. However, the absence of an executed construction contract and certified payroll documentation does not, by itself, establish that the entire amount paid to the vendor was unallowable or that workers performing the work were compensated below applicable wage requirements. Accordingly, GDOE believes that the questioned-cost determination should distinguish between the identified compliance and documentation deficiency and evidence demonstrating that the underlying expenditures were unallowable. GDOE will continue its efforts to obtain available certified payrolls, payroll records, and other supporting documentation from the contractor and will provide such documentation for consideration during audit resolution. Plan of action and completion date: GDOE will strengthen controls over federally funded construction projects subject to applicable Wage Rate Requirements. GDOE will: 1. Establish a documented determination of the applicability of Wage Rate Requirements for federally funded construction activities prior to solicitation, award, purchase order issuance, or commencement of work. 2. Ensure that solicitations, contracts, purchase orders, and other applicable procurement documents contain all required federal labor standards and Wage Rate Requirements provisions when applicable. 3. Require contractors and subcontractors subject to Wage Rate Requirements to submit required certified payroll documentation within the applicable timeframe during contract performance. 4. Designate responsible personnel to review certified payroll submissions for completeness and compliance and document evidence of the review. 5. Develop and implement a standardized compliance checklist for federally funded construction projects addressing Wage Rate Requirements, required contract provisions, certified payroll submissions, and related documentation. 6. Maintain certified payrolls, applicable wage determinations, contract provisions, compliance reviews, and other supporting documentation within the applicable procurement or contract file. 7. Provide guidance and training to Procurement, Federal Programs, project managers, contract administrators, and other personnel involved in federally funded construction activities regarding Wage Rate Requirements and documentation responsibilities. 8. Continue efforts to obtain the outstanding certified payrolls, payroll records, and other supporting documentation for the project identified in the finding and document the final resolution of the matter. Corrective actions will begin with immediate implementation for new federally funded construction activities subject to Wage Rate Requirements. Remediation of the transactions identified in the finding remains ongoing pending receipt and review of available contractor payroll documentation. Plan to monitor and responsible officials: Procurement Division, Federal Programs Division, applicable project/program managers and contract administrators, and Financial Affairs as applicable will be responsible for corrective action implementations and monitoring.

Categories

Special Tests & Provisions Subrecipient Monitoring Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1240437 2025-003
    Material Weakness Repeat
  • 1240438 2025-004
    Material Weakness Repeat
  • 1240439 2025-005
    Material Weakness Repeat
  • 1240440 2025-006
    Material Weakness Repeat
  • 1240441 2025-007
    Material Weakness Repeat
  • 1240442 2025-006
    Material Weakness Repeat
  • 1240443 2025-008
    Material Weakness Repeat
  • 1240444 2025-009
    Material Weakness Repeat
  • 1240445 2025-006
    Material Weakness Repeat
  • 1240446 2025-008
    Material Weakness Repeat
  • 1240447 2025-010
    Material Weakness Repeat
  • 1240448 2025-011
    Material Weakness Repeat
  • 1240449 2025-012
    Material Weakness Repeat
  • 1240450 2025-013
    Material Weakness Repeat
  • 1240452 2025-014
    Material Weakness Repeat
  • 1240453 2025-015
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 EDUCATION STABILIZATION FUND $104.55M
84.403 CONSOLIDATED GRANT TO THE OUTLYING AREAS $31.97M
10.555 NATIONAL SCHOOL LUNCH PROGRAM $18.92M
84.027 SPECIAL EDUCATION GRANTS TO STATES $17.63M
84.181 SPECIAL EDUCATION-GRANTS FOR INFANTS AND FAMILIES $1.32M
84.372 STATEWIDE LONGITUDINAL DATA SYSTEMS $829,750
10.558 CHILD AND ADULT CARE FOOD PROGRAM $729,155
10.560 STATE ADMINISTRATIVE EXPENSES FOR CHILD NUTRITION $422,772
84.371 COMPREHENSIVE LITERACY DEVELOPMENT $413,244
84.424 STUDENT SUPPORT AND ACADEMIC ENRICHMENT PROGRAM $399,417
12.U01 ARMY JROTC $383,083
93.092 AFFORDABLE CARE ACT (ACA) PERSONAL RESPONSIBILITY EDUCATION PROGRAM $318,367
12.U02 AIR FORCE JROTC $283,717
93.600 HEAD START $254,036
84.323 SPECIAL EDUCATION - STATE PERSONNEL DEVELOPMENT $224,613
15.875 ECONOMIC, SOCIAL, AND POLITICAL DEVELOPMENT OF THE TERRITORIES $164,642
12.U03 MARINE JROTC $153,980
10.541 CHILD NUTRITION-TECHNOLOGY INNOVATION GRANT $146,754
10.579 CHILD NUTRITION DISCRETIONARY GRANTS LIMITED AVAILABILITY $101,212
10.645 FARM TO SCHOOL STATE FORMULA GRANT $68,969
10.574 TEAM NUTRITION GRANTS $59,033
10.568 EMERGENCY FOOD ASSISTANCE PROGRAM (ADMINISTRATIVE COSTS) $43,322