Finding 1241670 (2025-006)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2025
Accepted
2026-11-05
Audit: 415734
Organization: Ashland School District No. 32j (MT)
Auditor: JCCS PC

AI Summary

  • Core Issue: The School District failed to maintain documentation proving compliance with federal Wage Rate Requirements for ESSER-funded construction projects over $2,000.
  • Impacted Requirements: Non-compliance with federal wage standards increases the risk of underpayment to laborers and potential violations of federal grant conditions.
  • Recommended Follow-up: Strengthen controls by ensuring wage requirements are identified and included in contracts, and that weekly certified payroll reports are collected and kept for all relevant projects.

Finding Text

2025-006: WAGE RATE COMPLIANCE ALN Title: Education Stabilization Fund ALN: 84.425U Federal Award Number: 044 0800 93 2021 Federal Agency: U.S. Department of Education Pass-through Entity: Montana Office of Public Instruction CRITERIA: Compliance Requirement - Education Stabilization Fund (ESSER) expenditures used for construction, are subject to Wage Rate Requirements (20 U.S.C. §1232b). In accordance with federal requirements:  All laborers and mechanics employed by contractors or subcontractors on construction contracts in excess of $2,000 funded with federal assistance must be paid wages at rates not less than those determined by the U.S. Department of Labor (DOL) (40 U.S.C. §§ 3141–3144, 3146, and 3147).  Non-federal entities are required to include prevailing wage (Davis-Bacon) provisions in all applicable construction contracts and subcontracts (29 CFR Part 5; 2 CFR §200.326).  Contractors and subcontractors must submit weekly certified payrolls, including a statement of compliance, for each week in which work is performed (29 CFR §§ 5.5 and 5.6). These requirements are incorporated into federal grant compliance standards and must be followed when federal funds are used for construction or remodeling activities. CONDITION: During testing of ESSER-funded construction expenditures, we identified projects with construction contracts or construction activity exceeding $2,000 for which the School District did not maintain sufficient documentation to demonstrate compliance with applicable Wage Rate Requirements. EFFECT: Since the School District did not maintain the required contract provisions and certified payroll documentation, the School District could not demonstrate that applicable ESSER-funded construction activities complied with federal Wage Rate Requirements. This increases the risk that laborers and mechanics may not have been paid the applicable DOL prevailing wage rates and that noncompliance with federal award requirements would not be detected timely. CONTEXT: During testing of significant claims for the ESSER major program related to construction, we identified expenditures where contracts were in place or should have been in place, and the Wage Rate Requirements (Davis-Bacon related provisions) were applicable. However, required provisions and supporting documentation were not maintained. QUESTIONED COSTS: Known questioned costs of $675,666 are reported for Assistance Listing 84.425U, Federal Award Number 044 0800 93 2021. The questioned costs represent ESSER-funded construction expenditures tested for which the School District did not maintain adequate documentation to support compliance with applicable Wage Rate Requirements. CAUSE: The School District did not have sufficient processes in place to identify and implement federal compliance requirements related to construction activities, including prevailing wage requirements. RECOMMENDATION: The School District should strengthen controls over federally funded construction projects to ensure applicable wage rate requirements are identified before work begins, required prevailing wage provisions are included in contracts and subcontracts, and weekly certified payroll reports are obtained and retained for all covered projects.

Corrective Action Plan

2025-006: WAGE RATE COMPLIANCE The School District will strengthen controls over federally funded construction projects to ensure applicable wage rate requirements are met prior to any work being completed by making sure all grant agreements, regulations and guidelines are followed before bid issuance and making sure wage-rate requirements are in the bid and contract documents. The people responsible for this will be the Board, Superintendent, and District Clerk.

Categories

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

Programs in Audit

ALN Program Name Expenditures
84.425 EDUCATION STABILIZATION FUND $1.24M
84.010 TITLE I GRANTS TO LOCAL EDUCATIONAL AGENCIES $405,114
84.041 IMPACT AID $332,181
84.371 COMPREHENSIVE LITERACY DEVELOPMENT $101,502
10.555 NATIONAL SCHOOL LUNCH PROGRAM $81,270
84.027 SPECIAL EDUCATION GRANTS TO STATES $47,755
84.060 INDIAN EDUCATION GRANTS TO LOCAL EDUCATIONAL AGENCIES $12,253
15.130 INDIAN EDUCATION ASSISTANCE TO SCHOOLS $6,642