Finding Text
2022-004 Wage Rate Requirement US Department of Education Passed Through NYS Education Dept. Education Stabilization Fund COVID 19 CRRSA ESSER 3 AL 84.425U Criteria: According to 29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction and 2 CFR Section 200.327 Appendix IID to 2 CFR Part 200, nonfederal entities must include in construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with those requirements and DOL regulations. Regulations include 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). Condition: The District expended funds from the CRRSA ESSER 3 grant to make various land improvements such as outdoor classrooms and a basketball court. The District had no construction contract with the contractors. The District did not obtain the required certified payrolls on a weekly basis as work was being performed. Context: The District personnel were under the impression that the projects were emergency projects due to the COVID 19 pandemic. Federal funding has typically not been used for construction projects. Effect: If payroll records are not reviewed, the District does not know that they were properly billed by the contractor. Noncompliance with Federal guidelines could result in the grantee declining to pay for these costs. Cause: District personnel were under the impression that these were emergency projects due to the COVID pandemic, therefore, formal contracts were not executed. There was no system in place for making sure that the proper payroll reports were obtained as work was being done. There was a lack of communication and an assumption that the accounts payable department took care of this. Accounts payable asked for the reports after the fact upon receipt of the bill. Recommendation: We recommend that the District develop a system to make sure that proper contracts are obtained for all pertinent work and that all reporting is obtained in a timely manner. Personnel should become familiar with the Federal regulations.