Finding 391163 (2023-001)

Significant Deficiency
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-04-01
Audit: 301760
Organization: Rsu/msad No. 29 (ME)

AI Summary

  • Core Issue: Construction projects over $2,000 lacked compliance with federal Wage Rate Requirements, specifically missing Davis Bacon contract language and incomplete Certified Payroll.
  • Impacted Requirements: Non-compliance with 2 CFR Appendix II to Part 200 and 29 CFR 5.2 and 5.5.
  • Recommended Follow-up: The Unit should enhance internal controls and ensure familiarity with federal Wage Rate Requirements to prevent future compliance issues.

Finding Text

2023-001 – WAGE RATE REQUIREMENTS Federal Program Information: U.S. Department of Education Passed through the State of Maine Department of Education: ALN 84.425D/84.425U Education Stabilization Fund Criteria: The following CFR(s) apply to this finding: 2 CFR Appendix II to Part 200; 29 CFR 5.2; 29 CFR 5.5. Condition: During audit procedures, it was identified that the Unit had construction projects in excess of $2,000 that were not in compliance with the requirements in the criteria above. Some work was performed under contracts that did not include the full language of the required Davis Bacon contract clause. Additionally, it was identified that one of the contractor’s Certified Payroll did not include all required elements. Cause: The Unit does not have the necessary internal controls over compliance. Effect: The construction projects may not have been performed in compliance with the federal Wage Rate Requirements Identification of Questioned Costs: None identified. Context: During audit procedures, 9 of the 12 contracts did not have the Davis Bacon Act Language and one of the Contractors did not complete the Certified Payroll correctly. Repeat Finding: This is not a repeat finding. Recommendation: It is recommended that the Unit familiarize themselves with federal Wage Rate Requirements and implement an internal control process and procedure to ensure that they are following the required criteria mentioned above. Views of Responsible Officials and Corrective Action Plan: Client agrees with finding and the unabridged version of their response can be found in the Corrective Action Plan. Please see the Corrective Action Plan issued by the Regional School Unit No. 29.

Corrective Action Plan

CORRECTIVE ACTION PLAN (Concerning Finding 2023-001) Contact Person Responsible for Corrective Action: Wendy Bradstreet, RSU29 Business Manager Corrective Action: RSU29 will take the following actions to address finding 2023-001 Wage Rate Requirements: Based on conversations with the auditing team throughout the FY23 audit process, the district has worked with vendors/contractors to correct the issues in question to comply with CFR(s): 2 CRF Appendix II to Part 200; 29 CFR 5.2; 29 CFR 5.5. For FY23 – vendors have been contacted regarding the Davis Bacon language and applicable corrections have been made on the vendor side to issue back wages to those employees who were below the required wage/benefits amounts. Payroll certifications for those individuals have been received and reviewed by the Business Manager for Davis Bacon compliance. Moving forward to the current fiscal year (FY24), Davis Bacon language will be included for current and future year construction projects paid for with federal and/or state funding. Payroll certifications will be received with each invoice submitted for payment to the district and reviewed by the Business Manager for compliance of Davis Bacon guidelines as applicable. A copy of the OMB Circulars containing the CFR guidelines have been received and reviewed by the Business Manager and applicable grant managers/coordinators to implement a more stringent internal control process and procedure to ensure all requirements are followed. The Business Manager will update the district’s administrative team and central office staff of applicable guidelines to ensure compliance of all projects that is being paid for by federal and/or state funding. Anticipated Completion Date: June 30, 2024

Categories

Internal Control / Segregation of Duties

Other Findings in this Audit

  • 391164 2023-001
    Significant Deficiency
  • 967605 2023-001
    Significant Deficiency
  • 967606 2023-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program $777,138
84.010 Title I Grants to Local Educational Agencies $749,165
84.027 Special Education_grants to States $455,097
84.425 Education Stabilization Fund $239,405
84.367 Improving Teacher Quality State Grants $101,508
84.060 Indian Education_grants to Local Educational Agencies $61,392
10.582 Fresh Fruit and Vegetable Program $53,101
84.424 Student Support and Academic Enrichment Program $50,189
84.287 Twenty-First Century Community Learning Centers $43,510
10.565 Commodity Supplemental Food Program $40,895
84.002 Adult Education - Basic Grants to States $39,800
84.358 Rural Education $26,929
10.559 Summer Food Service Program for Children $19,819
84.173 Special Education_preschool Grants $8,198
10.649 Pandemic Ebt Administrative Costs $2,512