Finding 372648 (2023-003)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-03-06
Audit: 293718
Organization: Martinsville Msd (IN)

AI Summary

  • Core Issue: The School Corporation failed to include required prevailing wage rate clauses in construction contracts over $2,000 funded by federal assistance.
  • Impacted Requirements: Noncompliance with federal wage rate requirements and lack of internal controls led to systemic issues during the audit period.
  • Recommended Follow-Up: Implement a system to ensure all construction contracts include prevailing wage clauses and require weekly certified payroll submissions from contractors.

Finding Text

FINDING 2023-003 Subject: COVID-19 - Education Stabilization Fund - Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listings Number: 84.425U Federal Award Number and Year (or Other Identifying Number): S425U210013 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Tests and Provisions - Wage Rate Requirements Audit Findings: Material Weakness, Other Matters Condition and Context Construction contracts in excess of $2,000 financed by federal assistance funds must pay wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (DOL) to their laborers and mechanics. Nonfederal entities are to include in their construction contracts subject to the wage rate requirements a provision that the contractor or subcontractor comply with these requirements and the DOL regulations. This would include a requirement to submit a copy of the payroll and statement of compliance to the entity for each week in which contract work was performed. INDIANA STATE BOARD OF ACCOUNTS 19 METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) The School Corporation had not designed, nor implemented a system of internal control to ensure that construction contracts in excess of $2,000, paid from federal grant funds, included a prevailing wage rate clause. One vendor during the audit period was identified that was subject to wage rate requirements; however, the School Corporation did not enter into an agreement with the vendor. As such, there not a contract that included a prevailing wage rate clause. In addition, the School Corporation did not obtain weekly certified payrolls from the vendor completing the construction. The lack of internal controls and noncompliance were systemic issues throughout the audit period. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award 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. . . . INDIANA STATE BOARD OF ACCOUNTS 20 METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) (3) Payrolls and basic records. . . . (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. . . ." 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. . . ." Cause A proper system of internal controls was not designed by management of the School Corporation, which would include segregation of key functions. Embedded within a properly designed and implemented internal control system should be internal controls consisting of policies and procedures. Policies reflect the School Corporation's management statements of what should be done to effect internal controls, and procedures should consist of actions that would implement these policies. Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, construction contracts entered into did not contain the required wage rate requirements clauses, nor were certified payrolls obtained by the School Corporation. Noncompliance with the grant agreement and the compliance requirement could result in the loss of future federal funds to the School Corporation. Questioned Costs There were no questioned costs identified. INDIANA STATE BOARD OF ACCOUNTS 21 METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Recommendation We recommended that the School Corporation's management establish a system of internal controls and include the wage rate requirement clause in construction contracts. In addition, certified payrolls should be obtained as required. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Corrective Action Plan

Finding 2023‐003 Finding Subject: COVID‐19 ‐ Education Stabilization Fund: Special Tests & Provisions ‐ Wage Rate Requirements Summary of Finding: The School Corporation did not have adequate policies or procedures to ensure that contracts in excess of $2,000 paid from federal grant funds included a prevailing wage rate clause. There was at least one vendor during the audit period that was subject to wage rate requirements; however, the School Corporation did not enter into an agreement with the vendor and obtain a contract that included a prevailing wage rate clause. The School Corporation also did not obtain weekly certified payrolls from the vendor completing the construction. Contact Person Responsible for Corrective Action: Kyle Stout, Director of Operations & Tiffany Grant, Grant Coordinator Contact Phone Number and Email Address: 765‐342‐6641 Kyle.Stout@msdmartinsville.org & Tiffany.Grant@msdmartinsville.org Views of Responsible Official: We concur with the finding. Description of Corrective Action Plan: The Director of Operations will put out the requests for bids/proposals/contracts. The bids/proposals/contracts will be reviewed by the Director of Operations and the Grant Coordinator to ensure they are following our School Board policy #6325, Procurement – Federal Grants/Funds. If a contract is to be entered into with a vendor, that contract is sent to the School Board for approval. Once approved, the Grant Coordinator will retain the weekly payrolls from the contracted vendor to ensure that the Davis Bacon Prevailing Wage Requirements are being met. If the requirements of Davis Bacon are not being met, the Grant Coordinator informs the Director of Operations of non‐compliance. Anticipated Completion Date: February 2024

Categories

Matching / Level of Effort / Earmarking Special Tests & Provisions

Other Findings in this Audit

  • 372641 2023-001
    Material Weakness
  • 372642 2023-001
    Material Weakness
  • 372643 2023-002
    Material Weakness
  • 372644 2023-002
    Material Weakness
  • 372645 2023-002
    Material Weakness
  • 372646 2023-002
    Material Weakness
  • 372647 2023-002
    Material Weakness
  • 372649 2023-003
    Material Weakness
  • 949083 2023-001
    Material Weakness
  • 949084 2023-001
    Material Weakness
  • 949085 2023-002
    Material Weakness
  • 949086 2023-002
    Material Weakness
  • 949087 2023-002
    Material Weakness
  • 949088 2023-002
    Material Weakness
  • 949089 2023-002
    Material Weakness
  • 949090 2023-003
    Material Weakness
  • 949091 2023-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund Fy2022 $5.71M
10.555 National School Lunch Program Fy2022 $2.08M
10.555 National School Lunch Program Fy2023 $1.74M
84.010 Title I Grants to Local Educational Agencies Fy2023 $1.06M
84.010 Title I Grants to Local Educational Agencies Fy2022 $764,764
10.553 School Breakfast Program Fy2022 $618,489
10.553 School Breakfast Program Fy2023 $591,655
84.027 Special Education_grants to States Fy2023 $230,999
93.778 Medical Assistance Program Fy2022 $141,856
93.778 Medical Assistance Program Fy2023 $123,241
84.367 Improving Teacher Quality State Grants Fy2023 $106,314
10.559 Summer Food Service Program for Children Fy2022 $84,071
84.424 Student Support and Academic Enrichment Program Fy2023 $72,199
84.367 Improving Teacher Quality State Grants Fy2022 $57,142
84.424 Student Support and Academic Enrichment Program Fy2022 $49,397
84.196 Education for Homeless Children and Youth Fy2022 $39,268
10.559 Summer Food Service Program for Children Fy2023 $38,251
84.425 Education Stabilization Fund Fy2023 $29,555
84.196 Education for Homeless Children and Youth Fy2023 $25,808
10.582 Fresh Fruit and Vegetable Program Fy2022 $19,644
84.173 Special Education_preschool Grants Fy2023 $9,488
84.173 Special Education_preschool Grants Fy2022 $8,344
84.027 Special Education_grants to States Fy2022 $7,500
10.649 Pandemic Ebt Administrative Costs Fy2023 $3,135
10.649 Pandemic Ebt Administrative Costs Fy2022 $3,063
10.582 Fresh Fruit and Vegetable Program Fy2023 $2,712