Finding 484743 (2023-001)

Material Weakness Repeat Finding
Requirement
FN
Questioned Costs
-
Year
2023
Accepted
2024-08-21

AI Summary

  • Core Issue: The District failed to follow federal and state requirements for construction contracts, including not obtaining a written contract with wage provisions and not submitting certified payrolls.
  • Impacted Requirements: Non-compliance with 2 CFR Section 200.313, 29 CFR 5.5, and Ark. Code Ann. § 18-44-503, leading to inaccurate equipment records and potential legal issues.
  • Recommended Follow-Up: The District should seek guidance from the Arkansas DESE and enhance internal controls to ensure compliance with all contract requirements moving forward.

Finding Text

U.S. DEPARTMENT OF EDUCATION PASSED THROUGH THE ARKANSAS DEPARTMENT OF EDUCATION COVID-19 - AMERICAN RESCUE PLAN - ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND - AL NUMBER 84.425U PASS-THROUGH NUMBER 7009 AUDIT PERIOD - YEAR ENDED JUNE 30, 2023 2023-001.Equipment and Real Property Management and Special Tests and Provisions Criteria or specific requirement: Property records should be maintained for equipment acquired with federal awards as specified in 2 CFR Section 200.313. In addition, 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. Additionally, 2 CFR 200.326 and Ark. Code Ann. § 18-44-503 require a non-federal entity to obtain a performance bond for the public construction contract. Condition: The District paid $54,427 for installation of a security camera 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. Additionally, the District did not obtain a performance bond from the contractor, as required by Ark. Code Ann. § 18-44-503, and the system was not recorded in the District's equipment subsidiary ledger. Cause: Lack of Internal controls and management oversight. Effect or potential effect: The District did not comply with Wage Rate Requirements or Bonding Requirements. Additionally, the District's equipment subsidiary records were not accurate. Context: Examined all payments/contracts for facility repairs and improvements, four in total. Identification as a repeat finding: Yes Recommendation: The District should contact the Arkansas Division of Elementary and Secondary Education (DESE) for guidance regarding this matter and implement proper controls over program expenditures. Views of responsible officials: The District will conduct a training for all supervisors indicating and sharing what forms are required for each item purchased or purchased service prior to releasing any funds. Links to required Work Force forms(Davis Bacon Forms; Bond Contractor Form, etc. ) will be shared with all supervisors to use during collaboration with contractors and subcontractors. We are currently working with the company to determine how best to obtain these records from past services.

Corrective Action Plan

The District will communicate with the team at DESE to determine what is needed to bring all files current.

Categories

Equipment & Real Property Management Internal Control / Segregation of Duties Special Tests & Provisions Procurement, Suspension & Debarment Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 484744 2023-002
    Significant Deficiency
  • 1061185 2023-001
    Material Weakness Repeat
  • 1061186 2023-002
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
84.425 Covid-19 - Education Stabilization Fund $638,358
84.010 Title I Grants to Local Educational Agencies $258,140
84.027 Special Education_grants to States $89,729
10.553 School Breakfast Program $81,471
93.323 Epidemiology and Laboratory Capacity for Infectious Diseases (elc) $33,658
84.358 Rural Education $22,778
10.555 National School Lunch Program $13,764
84.371 Comprehensive Literacy Development $12,277
84.424 Student Support and Academic Enrichment Program $10,755
84.173 Special Education_preschool Grants $6,780
84.367 Supporting Effective Instruction State Grants $500