Finding 516357 (2024-002)

Significant Deficiency
Requirement
N
Questioned Costs
$1
Year
2024
Accepted
2024-12-20
Audit: 334181
Auditor: Auditor General

AI Summary

  • Core Issue: The District failed to include necessary clauses for the Davis-Bacon Act in construction contracts, leading to questioned costs of $71,850.
  • Impacted Requirements: Contracts must include prevailing wage rate clauses and require contractors to submit weekly certified payrolls for federally funded projects over $2,000.
  • Recommended Follow-Up: Enhance procedures to ensure compliance with the Davis-Bacon Act and verify receipt of certified payrolls; document the allowability of questioned costs with the FDOE.

Finding Text

Finding - District controls did not always ensure compliance with the Davis-Bacon Act for Federally funded construction projects exceeding $2,000, resulting in questioned costs totaling $71,850. Criteria - The ES Fund provides Federal funds for school facility repairs and improvements. Title 29, Section 5.5, Code of Federal Regulations (Davis-Bacon Act), requires the District to include prevailing wage rate clauses in any construction contract exceeding $2,000 that is financed either wholly or in part by Federal funds and ensure that contractors pay workers the prevailing wage rates established by the United States Department of Labor. This includes a requirement for the contractor to submit to the District weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). The United States Department of Labor established “prevailing wages” by geographic area and interprets the Davis-Bacon Act to apply to construction, alteration, or repair of a public building or public work. Condition - For the 2023-24 fiscal year, the District expended ES Fund moneys totaling $1.6 million. The Board entered into a construction contract for infrastructure renovations to accommodate a welding program expansion and, during the 2023-24 fiscal year, District ES Fund expenditures totaled $71,850 for the project. We noted that the purchase order, request for proposal, and contract for the project did not contain clauses that required compliance with the Davis-Bacon Act provisions and the contractor did not submit required weekly certified payrolls to the District. Cause - District personnel indicated they were aware that the Davis-Bacon Act applied to the project; however, due to oversight, they did not amend the contract to include the appropriate wage rate clauses or require the certified payrolls. In addition, the contractor of the project stated that they were unaware that the project was Federally funded and, as such, did not maintain certified payrolls. Effect - Absent the required contract clauses and weekly certified payrolls, there is an increased risk that construction contractors paid with Federal moneys will not pay workers the prevailing wage rates established by the United States Department of Labor. The District did not obtain certified payrolls from the contractor demonstrating that the prevailing wage rates were paid for the services, resulting in questioned costs totaling $71,850. Recommendation - The District should enhance procedures to ensure compliance with all Davis-Bacon Act requirements. Such enhancements should ensure that applicable Federally funded facility contracts require submittal of weekly certified payrolls and that District personnel verify the payrolls were received. In addition, the District should document to the FDOE the allowability of the questioned costs or contact the FDOE regarding necessary corrective action. District Response - The District has established procedures for ensuring compliance with Davis-Bacon Act requirements. District personnel will verify they get the required documents (weekly certified payrolls) from the contractors, if a federally funded project is awarded.

Corrective Action Plan

Planned Corrective Action - The District has established procedures for ensuring compliance with Davis-Bacon Act requirements. In the future, if Federally funded construction projects are awarded, we will make sure that we require from the contractor weekly certified payrolls and District personnel will verify the payrolls received. Anticipated Completion Date - December 30, 2024. We will provide documentation to the FDOE supporting the allowability of the questioned costs and discuss the necessary corrective action needed to comply. Responsible Contact Person - Mandie Fowler, Director of Curriculum & Instruction

Categories

Questioned Costs Procurement, Suspension & Debarment Special Tests & Provisions

Other Findings in this Audit

  • 516356 2024-001
    Material Weakness
  • 1092798 2024-001
    Material Weakness
  • 1092799 2024-002
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $866,916
10.555 National School Lunch Program $737,615
84.287 Twenty-First Century Community Learning Centers $352,809
10.665 Schools and Roads - Grants to States $335,995
10.553 School Breakfast Program $190,963
84.002 Adult Education - Basic Grants to States $84,236
84.048 Career and Technical Education -- Basic Grants to States $57,491
84.367 Supporting Effective Instruction State Grants $32,507
12.U01 Army Junior Reserve Officers Training Corps $31,090
84.358 Rural Education $21,725
10.559 Summer Food Service Program for Children $19,467
84.425 Education Stabilization Fund $5,539
84.424 Student Support and Academic Enrichment Program $4,459
84.027 Special Education_grants to States $848
84.173 Special Education_preschool Grants $94