Finding 398585 (2023-001)

Significant Deficiency
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-05-28
Audit: 307323
Organization: Hamburg School District (AR)

AI Summary

  • Core Issue: The District failed to include the required prevailing wage rate provision in a contract for HVAC installation, resulting in non-compliance with federal wage requirements.
  • Impacted Requirements: Weekly certified payrolls were not submitted, violating 29 CFR 5.5, which mandates compliance for contracts over $2,000 funded by federal assistance.
  • Recommended Follow-Up: The District should revise contracts to include wage rate provisions, obtain weekly payrolls, and seek guidance from the Arkansas Division of Elementary and Secondary Education.

Finding Text

U.S. DEPARTMENT OF EDUCATION PASSED THROUGH ARKANSAS DEPARTMENT OF EDUCATION COVID-19 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND – AL NUMBER 84.425U PASS-THROUGH NUMBER 0203 AUDIT PERIOD – YEAR ENDED JUNE 30, 2023 2023-001 Special Tests and Provisions Criteria or specific requirement (including statutory, regulatory, or other citation): 29 CFR 5.5 (Wage Rate Requirements) requires all contractors and subcontractors performing construction contracts in excess of $2,000, financed by federal assistance funds, to pay laborers and mechanics employed by the contractor or subcontractor not less than the prevailing wage rates established by the Department of Labor for the locality of the project. Non-federal entities shall include in the applicable construction contracts a provision that the contractor or subcontractor comply with those requirements. Such requirements include the submission of weekly certified payrolls for each week in which any contract work is performed, to the non-federal entities. Condition: The District paid $455,573 for installation of an HVAC system from the Education Stabilization Fund without obtaining a written contract that included the prevailing wage rate provision, and weekly certified payrolls were not submitted to the District. Cause: Lack of internal controls and management oversight. Effect: the District did not comply with the Wage Rate requirements.. Context: Examined all payments/contracts (one contract in total) for facility repairs and improvements paid from the Education Stabilization Fund. Identification as a repeat finding: No Recommendation: The District should ensure that all applicable construction contracts contain the Wage Rate Requirements provision and obtain weekly certified payrolls from the contractor or subcontractor. The District should also contact the Arkansas Division of Elementary and Secondary Education (DESE) for further directives regarding this matter. Views of responsible officials: The District will contact DESE for guidance regarding the failure to comply with the Davis-Bacon Act for contracts written using Federal funds. The District will also implement proper controls over program expenditures.

Corrective Action Plan

The District will contact DESE for guidance regarding the failure to comply with The Davis­ Bacon Act for contracts written using Federal funds. The District will also implement proper controls over program expenditures

Categories

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

Other Findings in this Audit

  • 975027 2023-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $523,623
10.553 School Breakfast Program $162,164
84.011 Migrant Education_state Grant Program $158,036
84.048 Career and Technical Education -- Basic Grants to States $82,168
84.371 Comprehensive Literacy Development $71,848
84.367 Supporting Effective Instruction State Grants $62,636
10.555 National School Lunch Program $57,885
84.358 Rural Education $48,066
16.710 Public Safety Partnership and Community Policing Grants $38,853
84.424 Student Support and Academic Enrichment Program $36,751
84.173 Special Education_preschool Grants $24,722
84.027 Special Education_grants to States $20,410
84.365 English Language Acquisition State Grants $17,750
84.425 Covid-19 - Education Stabilization Fund $5,647
93.079 Cooperative Agreements to Promote Adolescent Health Through School-Based Hiv/std Prevention and School-Based Surveillance $399