Finding 50659 (2022-004)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-03-29
Audit: 52946
Organization: Municipality of Aibonito (PR)

AI Summary

  • Core Issue: Three out of four construction projects lacked required certified payroll submissions from contractors, violating federal regulations.
  • Impacted Requirements: Compliance with the Davis-Bacon Act and related labor standards is not being enforced, risking non-compliance with federal funding regulations.
  • Recommended Follow-Up: Implement procedures to ensure timely review and approval of contractor documents to maintain compliance with labor standards.

Finding Text

CDBG 2022-004 WAGES RATE REQUIREMENTS (DAVIS-BACON ACT) CFDA 14.228 Statement of Condition: As part of our audit tests, we selected 4 (100%) construction projects out of 4 projects executed during the fiscal year. The following exception was noted during our examination of the project?s files: NONE (a) In three (3) 75% of project files the certified pay-rolls were not submitted by contractor as required by the federal regulations. Criteria: Non-federal entities shall include in their construction contracts subject to the Davis-Bacon Act a requirement that the contractor or subcontractor comply with the requirements of the Davis-Bacon Act and the DOL regulations (29 CFR part 5, ?Labor Standards Provisions Applicable to Contacts Governing Federally Financed and Assisted Construction?). This includes a requirement for the contractor or subcontractor to submit to the non-Federal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls) (29 CFR sections 5.5 and 5.6) Cause and Effect: This condition arose because the Municipality has not implemented specific internal controls and procedures designed to carry out effective monitoring activities over contractors engaged in projects financed with federal funds, including, but not limited to, the enforcement of compliance with contractual clauses related to Davis-Bacon Act and the training of municipal employees about this law. This condition, if not corrected, may increase the risk of avoidable instances of material non-compliances with the laws and regulations applicable to the Program. Recommendation: The Municipality should establish procedures to ascertain that all documents submitted by the contractor are reviewed and approved on a timely basis to ensure compliance with labor standards.

Corrective Action Plan

Finding Control Number: 2022-04 WAGES RATE REQUIREMENTS (DAVIS BACON ACT) Response by Department of Finance and Budget? Finding Control Number 2022-04: We concur with the finding. Starting with all contracts made after the date of this corrective action plan, the Municipality will include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor complies with those requirements and the DOL regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contacts Governing Federally Financed and Assisted Construction). This will include a requirement for the contractor or subcontractor to submit to the Municipality weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls in conformity with 29 CFR sections 5.5 and 5.6; the A-102 Common Rule (section 36(i)(5)); OMB Circular A-110 (2 CFR Part 215, Appendix A, Contract Provisions); 2 CFR Part 176, Subpart C; and 2 CFR section 200.326. Anticipated completion date: Ongoing process expected to be completed by June 30, 2023. Contact person: Ms. Sandra E. Rivera Santos, Municipal Secretary Telephone: (787) 735-8181 Email: srivera@aibonitopr.net

Categories

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

Other Findings in this Audit

  • 627101 2022-004
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $1.79M
21.027 Coronavirus State and Local Fiscal Recovery Funds $1.19M
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants in Hawaii $663,803
84.425 Education Stabilization Fund $650,762
21.019 Coronavirus Relief Fund $639,310
14.195 Section 8 Housing Assistance Payments Program $638,893
93.044 Special Programs for the Aging_title Iii, Part B_grants for Supportive Services and Senior Centers $180,377
93.045 Special Programs for the Aging_title Iii, Part C_nutrition Services $178,461
14.871 Section 8 Housing Choice Vouchers $6,040