Finding 516245 (2024-003)

Material Weakness
Requirement
N
Questioned Costs
$1
Year
2024
Accepted
2024-12-20

AI Summary

  • Core Issue: The District failed to establish contracts with the primary contractor for the HVAC project and did not verify compliance with prevailing wage laws.
  • Impacted Requirements: Federal regulations require contractors to pay prevailing wages and submit weekly certified payrolls, which the District did not enforce.
  • Recommended Follow-Up: Implement a procurement system to ensure contracts include prevailing wage requirements and establish a process to track weekly certified payrolls.

Finding Text

Finding 2024-003: Material Weakness - Internal Control and Compliance Over Special Tests and Provisions Program: COVID-19: Education Stabilization Fund Assistance Listing Number: 84.425 Pass-Through Agency: Wisconsin Department of Public Instruction Criteria: All laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds must be paid wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (DOL) (40 USC 3141–3144, 3146 and 3147. Nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor comply with those requirements 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 nonfederal 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; 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). Condition/Context: The District did not enter into a contract with the primary contractor for the HVAC construction project paid for with federal assistance funds, nor did the District verify that prevailing wage rate requirements were included in subcontracts. Additionally, the District does not have controls in place to track weekly certified payrolls. Cause: The District did not have controls in place to ensure federal requirements were met in the process for selecting contractors and monitoring subcontractors. The District also does not have a process in place to track the weekly certified payrolls. Effect: Federal Funds may be paid to a contractor that does not follow prevailing wage laws. Questioned Costs: Not determinable. Recommendation: We recommend the District implement a system for procurement procedures to ensure contacts are obtained and include the required prevailing wage rate requirements. This should also include monitoring all subcontractors to ensure they meet these requirements. We also recommend the District implement a system to track weekly certified payrolls to ensure all payrolls are received. Views of Responsible Officials: The District is in the process of developing a procurement policy, including prevailing wage rate requirements and will ensure that subcontractors meet the requirements.

Categories

Questioned Costs Special Tests & Provisions Procurement, Suspension & Debarment Subrecipient Monitoring Material Weakness Matching / Level of Effort / Earmarking Internal Control / Segregation of Duties

Other Findings in this Audit

  • 516242 2024-003
    Material Weakness
  • 516243 2024-004
    Material Weakness Repeat
  • 516244 2024-005
    Significant Deficiency Repeat
  • 516246 2024-004
    Material Weakness Repeat
  • 516247 2024-005
    Significant Deficiency Repeat
  • 516248 2024-006
    Significant Deficiency Repeat
  • 1092684 2024-003
    Material Weakness
  • 1092685 2024-004
    Material Weakness Repeat
  • 1092686 2024-005
    Significant Deficiency Repeat
  • 1092687 2024-003
    Material Weakness
  • 1092688 2024-004
    Material Weakness Repeat
  • 1092689 2024-005
    Significant Deficiency Repeat
  • 1092690 2024-006
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund $557,078
84.027 Special Education_grants to States $255,161
10.555 National School Lunch Program $218,169
84.010 Title I Grants to Local Educational Agencies $188,592
93.778 Medical Assistance Program $158,361
10.553 School Breakfast Program $104,339
84.367 Improving Teacher Quality State Grants $22,715
10.559 Summer Food Service Program for Children $11,462
93.354 Public Health Emergency Response: Cooperative Agreement for Emergency Response: Public Health Crisis Response $11,233
84.173 Special Education_preschool Grants $11,202
84.048 Career and Technical Education -- Basic Grants to States $8,897
84.424 Student Support and Academic Enrichment Program $4,116