Finding 19894 (2022-001)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-03-30
Audit: 18111
Organization: Jay County School Corporation (IN)

AI Summary

  • Core Issue: Jay School Corporation lacks an effective internal control system to ensure compliance with federal wage rate requirements for construction projects.
  • Impacted Requirements: Noncompliance with 2 CFR 200.303 and 29 CFR 5.5, leading to potential loss of federal funding and questioned costs of $113,083.
  • Recommended Follow-Up: Implement a formal process to collect and review weekly payroll reports to ensure compliance with wage rate requirements.

Finding Text

Finding 2022-001 ? Elementary and Secondary School Emergency Relief Fund Subject: Education Stabilization Fund ? Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listing Number: 84.425D, 84.425U, 84.425C Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Tests and Provisions - Wage Rate Requirements Audit Findings: Material Weakness in Internal Control over Compliance, Other Matters Criteria: 2 CFR section 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal awards in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO)." 29 CFR 5.5 states in part: a.The Agency head shall cause or require the contracting officer to insert in full 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 acts listed in ?5.1, the following clauses. (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. (3)(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Jay School Corporation. 2 CFR 200 Appendix II states in part: In addition to other provisions required by the Federal agency or non-Federal entity; all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ?Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction?). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. Condition: An effective internal control system was not in place at Jay School Corporation in order to ensure compliance with requirements related to the grant agreement and the Special Tests and Provisions ? Wage Rate Requirements compliance requirements. Cause: Jay School Corporation's management had not developed a system of internal controls to ensure compliance with the compliance requirements listed above. Jay School Corporation did not have an internal control in place to review the underlying expenditures to determine if they were allowable in accordance with federal requirements. Effect: The failure to design and implement an effective internal control system enabled material noncompliance to go undetected. Noncompliance with the grant agreement and the Special Tests and Provisions ? Wage Rate Requirements compliance requirement could result in the loss of future federal funds to Jay School Corporation. Questioned Costs: $113,083 relating to 84.425D and 84.425U Context: Jay School Corporation did not have an internal control designed to collect the weekly payroll reports certifications from a construction company and its subcontractors for two remodeling projects. Therefore, no review was performed to ensure that pay rates complied with the federal wage rate requirements. The construction contracts did not include clauses for federal wage rate requirements. Identification as a repeat finding: No. Recommendation: We recommend Jay School Corporation implement a formal process to ensure the required weekly payroll reports certifications are collected and reviewed to ensure compliance with the wage rate requirements. Views of Responsible Officials and Planned Corrective Actions: Management agrees with the finding.

Categories

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

Other Findings in this Audit

  • 19892 2022-001
    Material Weakness
  • 19893 2022-001
    Material Weakness
  • 19895 2022-001
    Material Weakness
  • 19896 2022-001
    Material Weakness
  • 19897 2022-001
    Material Weakness
  • 596334 2022-001
    Material Weakness
  • 596335 2022-001
    Material Weakness
  • 596336 2022-001
    Material Weakness
  • 596337 2022-001
    Material Weakness
  • 596338 2022-001
    Material Weakness
  • 596339 2022-001
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.559 National School Lunch Program $2.28M
84.010 Title I Grants to Local Educational Agencies $530,340
10.553 School Breakfast Program $526,827
84.027 Special Education_grants to States $278,792
10.559 Summer Food Service Program for Children $227,439
10.555 National School Lunch Program $159,757
84.367 Improving Teacher Quality State Grants $98,967
84.425 Education Stabilization Fund $75,862
10.558 Child and Adult Care Food Program $65,961
84.048 Career and Technical Education -- Basic Grants to States $64,617
84.002 Adult Education - Basic Grants to States $46,586
84.424 Student Support and Academic Enrichment Program $43,602
93.778 Medical Assistance Program $36,134
84.358 Rural Education $30,998
84.411 Investing in Innovation (i3) Fund $16,146
84.365 English Language Acquisition State Grants $1,698
84.173 Special Education_preschool Grants $450