Finding Text
2023‐003 – Special Test and Provision – Wage Rate Requirement – Material Weakness in Internal Controls over Compliance/Material Noncompliance
ALN and Title: 84.425 COVID‐19 Education Stabilization Fund
Pass‐Through Entity: NM Public Education Department
Identifying Number: 24308, 24330, 24341
Award Year: 2022‐23 School Year
Condition ‐ The District did not ensure contractor contracts had required language related to Wage Rate Requirements and did not maintain weekly certified payrolls.
Criteria ‐ Per Title 2 US Code of Federal Regulations Part 200.303a, the non‐federal entity must 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).
Per Title 2 US Code of Federal Regulations Appendix II to Part 200, all contracts made by the non‐Federal entities under the federal award must contain provisions covering the following, (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”).
Questioned Costs ‐ Actual and likely questioned costs of $355,556.
Effect ‐ The District was not aware of the projects falling under the Wage Rate Requirements and did not ensure contracts included the required language and ensure certified payrolls were obtained weekly.
Cause ‐ The District could enter into a contract agreement with contractors who are not familiar with the Davis Bacon act and not follow requirements to pay laborers a prevailing wage weekly. This could lead to disallowed costs charged to the grant and/or repayment to the Grantor agency.