Finding 2445 (2023-001)

Criteria: Under the Uniform Guidance, nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements (which still may be referenced as the Davis-Bacon Act) a provision that the contractor or subcontractor comply with those requirements and the DOL regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contacts Governing Federally Financed and Assisted Construction). 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) (29 CFR sections 5.5 and 5.6; the A-102 Common Rule (section 36(i)(5)); OMB Circular A-110 (2 CFR Part 215, Appendix A, Contract Provisions); 2 CFR Part 176, Subpart C; and 2 CFR section 200.326). Condition: During our review of the federal program, we determined that the District lacks internal controls and therefore, cannot detect whether the District receives the required documentation for Davis-Bacon prevailing wage requirements on a timely basis. Cause: The District does not have sufficient detection and prevention procedures. Effect: Without proper internal controls, the District cannot prevent or detect instances of Davis-Bacon prevailing wage requirements noncompliance. Lack of internal controls may result in questioned costs and noncompliance with the terms of the grant. Questioned Costs: $0 Recommendation: We recommend the District adhere to the Uniform Guidance and establish internal controls to ensure the District obtains the required documentation for the Davis- Bacon prevailing wage requirements on a timely basis. Management’s views: Management agrees with the finding. See corrective action plan on page 147.