Finding 4393 (2023-003)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2023-12-15
Audit: 6820
Auditor: Darverkelly LLP

AI Summary

  • Core Issue: The District failed to include necessary wage rate compliance provisions in federally funded construction contracts.
  • Impacted Requirements: Non-compliance with 29 CFR Part 5 could lead to disallowed costs and loss of federal funding.
  • Recommended Follow-Up: Establish standard procedures to ensure all contracts include required provisions and verify receipt of certified payrolls before payments.

Finding Text

2023-003 – Internal Controls over Compliance and Non-Compliance with Wage Rate Requirements Finding Type: Material Weakness in Internal Control over Compliance / Material Non-Compliance Program: Education Stabilization Fund (ALN #84.425) Compliance Area: Special Tests and Provisions Criteria: 29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction requires that nonfederal entities include in their federally funded construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with those requirements and the related 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. Condition: Certain District federally funded construction contracts did not contain the appropriate contract provisions for contractor compliance with wage rate requirements, nor were weekly certified payrolls obtained from contractors prior to payment. Cause: The District’s design of the internal control procedures surrounding wage rate requirements for federally funded construction contracts was not properly designed so that it failed to appropriately meet the control objectives of identifying and complying with federal requirements. The District, at the time these contracts were signed and approved, was unaware of the federal wage rate requirements. Effect: Failure to comply with federal Wage Rate Requirements could result in non-compliance and dis-allowed costs, resulting in the loss of federal funds. Recommendation: The District should implement standard procedures to ensure all construction contracts funded with federal dollars contain the appropriate contract provisions as well as ensure that certified payrolls are received with each request for payment.

Categories

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

Other Findings in this Audit

  • 4386 2023-001
    Material Weakness
  • 4387 2023-001
    Material Weakness
  • 4388 2023-001
    Material Weakness
  • 4389 2023-002
    Significant Deficiency
  • 4390 2023-002
    Significant Deficiency
  • 4391 2023-002
    Significant Deficiency
  • 4392 2023-003
    Material Weakness
  • 4394 2023-003
    Material Weakness
  • 580828 2023-001
    Material Weakness
  • 580829 2023-001
    Material Weakness
  • 580830 2023-001
    Material Weakness
  • 580831 2023-002
    Significant Deficiency
  • 580832 2023-002
    Significant Deficiency
  • 580833 2023-002
    Significant Deficiency
  • 580834 2023-003
    Material Weakness
  • 580835 2023-003
    Material Weakness
  • 580836 2023-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund $4.50M
10.553 School Breakfast Program $1.97M
10.555 National School Lunch Program $200,865
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response $148,282
12.000 Jrotc $130,547
10.582 Fresh Fruit and Vegetable Program $52,550
84.367 Improving Teacher Quality State Grants $22,928
10.665 Schools and Roads - Grants to States $19,680
84.010 Title I Grants to Local Educational Agencies $17,669
84.424 Student Support and Academic Enrichment Program $12,013
84.002 Adult Education - Basic Grants to States $7,305
10.560 State Administrative Expenses for Child Nutrition $6,999
84.027 Special Education_grants to States $6,074
84.048 Career and Technical Education -- Basic Grants to States $4,696
84.173 Special Education_preschool Grants $1,089
93.079 Cooperative Agreements to Promote Adolescent Health Through School-Based Hiv/std Prevention and School-Based Surveillance $900
84.358 Rural Education $116
84.365 English Language Acquisition State Grants $98