Finding 30404 (2022-001)

Significant Deficiency Repeat Finding
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-09-28
Audit: 25309
Organization: Municipality of Penn Hills (PA)

AI Summary

  • Core Issue: The Municipality failed to ensure that contractors paid the required prevailing wages for construction projects over $2,000, lacking adequate internal controls.
  • Impacted Requirements: Compliance with federal wage rate laws (40 USC 3141-3147) was not met, as contractors were not notified of wage requirements and certified payrolls were not collected.
  • Recommended Follow-Up: Implement stronger internal controls to ensure all contractors comply with prevailing wage requirements and regularly submit certified payrolls.

Finding Text

Finding 2022-001 ? Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Housing and Urban Development Pass-through Agency: None Program: CDBG ? Entitlement Grants Cluster Community Development Block Grants/Entitlement Grants ? ALN 14.218 Condition: The Municipality did not have adequate internal control procedures in place to ensure that all laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds were paid wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (40 USC 3141-3144, 3146, and 3147). As a result, the Municipality did not properly notify 3 of the 3 contractors tested of the requirements to comply with the wage rate requirements via the including of a prevailing wage rate clause in the contract between the contractor and the Municipality and the Municipality did not obtain certified payrolls for 3 of the 3 contractors tested until the audit. Criteria: In accordance with the Wage Rate Requirements, all laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds must be paid wages not less than the prevailing wages rates established by the Department of Labor (DOL) (40 USC 3141-3144, 3146, and 3147). Nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with those requirements and 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. Cause: The current internal control system in place did not ensure that prevailing wage rate requirements were met on all construction projects over $2,000. Effect: Prevailing wage rate documentation was not obtained prior to being requested as part of the audit process for 3 of the 3 contractors tested. Repeat Finding: Yes. Recommendation: We recommend that the Municipality implement internal control procedures to review all contractors and ensure prevailing wage rate requirements are met. Questioned Costs: None Views of Responsible Official and Planned Corrective Action: Management agrees with the finding. See separate corrective action plan.

Corrective Action Plan

CORRECTIVE ACTION PLAN September 29, 2023 United States Department of Housing and Urban Development The Municipality of Penn Hills respectfully submits the following corrective action plan for the year ended December 31, 2022. Name and address of independent public accounting firm: Maher Duessel, CPA's 503 Martindale Street, Suite 600 Pittsburgh, PA 15212 Audit period: January 1, 2022 - December 31, 2022 The finding from the December 31, 2022 schedule of findings and questioned costs is discussed below. The finding is numbered consistently with the number assigned in the schedule. FINDINGS?FINANCIAL STATEMENT AUDIT Finding 2022-001 - Special Tests and Provisions - Wage Rate Requirements Statement of Condition: The Municipality did not have adequate internal control procedures in place to ensure that all laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds were paid wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (40 USC 3141-3144,3146, and 3147). As a result, the Municipality did not properly notify 3 of the 3 contractors tested of the requirements to comply with the wage rate requirements via the including of a prevailing wage rate clause in the contract between the contractor and the Municipality and the Municipality did not obtain certified payrolls for 3 of the 3 contractors tested until the audit. Recommendation: We recommend that the Municipality implement internal control procedures to review all contractors and ensure prevailing wage rate requirements are met. Action taken: The Municipality of Penn Hills has implemented procedures as recommended to ensure that all contracts utilizing CDBG and Federal funds make reference to prevailing wages, Davis Bacon and include the contract language as recommended by Maher Duessel; however, each of the samples discussed above occurred prior to the date of the FY2021 finding. The Municipality of Penn Hills takes prevailing wage rates seriously to ensure that all workers on CDBG funded projects are paid the current prevailing wage rate for the job performed. To ensure that all workers on contracts over $2,000.00 are paid prevailing wage rates: ? The Municipality of Penn Hills hasl revised its internal control procedure to ensure that it has proper procedures in place to identify contractors where the wage rate requirements apply. ? The Municipality of Penn Hills has revised the contract language for CDBG activities to include the prevailing wage rate clause in all contracts utilizing CDBG funds in excess of $2,000.00 to ensure that all contractors are aware of the regulations concerning prevailing wages. ? The Municipality of Penn Hills has revise its procedures to ensure that it is collecting certified payrolls in a timely manner. If the Department of Housing and Urban Development has questions regarding this plan, please call Scott Andrejchak at (412) 342-1084. Sincerely yours, Scott Andrejchak Municipal Manager, Municipality of Penn Hills

Categories

Special Tests & Provisions Matching / Level of Effort / Earmarking Internal Control / Segregation of Duties

Other Findings in this Audit

  • 30405 2022-001
    Significant Deficiency Repeat
  • 606846 2022-001
    Significant Deficiency Repeat
  • 606847 2022-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
21.027 Covid-19 Coronavirus State and Local Fiscal Recovery Funds $12.41M
14.218 Community Development Block Grants/entitlement Grants $680,398
93.045 Special Programs for the Aging_title Iii, Part C_nutrition Services $144,407
14.218 Covid-19 Community Development Block Grants/entitlement Grants $127,633
93.044 Special Programs for the Aging_title Iii, Part B_grants for Supportive Services and Senior Centers $124,212