Finding 528150 (2024-005)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2025-03-14

AI Summary

  • Core Issue: The School Corporation failed to include required wage rate clauses in construction contracts funded by federal assistance, leading to noncompliance with federal regulations.
  • Impacted Requirements: The lack of internal controls resulted in violations of the Wage Rate Requirements and failure to obtain certified payroll documentation for four construction projects.
  • Recommended Follow-Up: Implement effective internal controls and ensure all future contracts include necessary wage rate provisions and compliance documentation.

Finding Text

FINDING 2024-005 Subject: COVID-19 - Education Stabilization Fund - Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listings Numbers: 84.425D, 84.425U Federal Award Numbers and Years (or Other Identifying Numbers): S425D210013, S425U210013 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Tests and Provisions - Wage Rate Requirements Audit Findings: Material Weakness, Modified Opinion Condition and Context An effective internal control system was not in place at the School Corporation in order to ensure compliance with requirements related to the grant agreement and the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Construction contracts in excess of $2,000 financed by federal assistance funds must pay wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (DOL) to their laborers and mechanics. Nonfederal entities are to include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with these requirements and the DOL regulations. This would include a requirement to submit a copy of the payroll and statement of compliance to the entity for each week in which contract work was performed. The School Corporation had four applicable construction projects, funded in part or entirely with ESF funding during the audit period; however, related contracts did not contain the required prevailing wage rate clause. Additionally, the School Corporation did not obtain certified payroll documentation from contractors as required throughout the construction projects and audit period. The lack of internal controls was a systemic issue throughout the audit period and noncompliance affected each of the four applicable construction projects. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 29 CFR 5.5 states in part: "(a) Required contract clauses. The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses . . . (1) Minimum wages. (i) Wages rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. . . . (a)(3)(ii) Certified payroll requirements— (A) The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the [write in name of appropriate Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the [write in name of agency]. . . ." 2 CFR 200 Appendix II states in part: "In addition to other provisions required by the Federal agency or non-Federal entity; all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. . . . (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week." Cause The School Corporation officials were unaware of the requirements to include Wage Rate Requirements (Davis Bacon) provisions in the respective construction contracts and obtain weekly certified payrolls from the contractor(s) throughout the construction period. Effect The lack of an effective internal control system enabled material noncompliance with the grant agreement and the aforementioned compliance requirement to occur and remain undetected. Lack of compliance could result in contractors paying wages below those required by the DOL regulations. Questioned Costs There were no questioned costs identified. Recommendation We recommended that the School Corporation's management establish a system of internal controls and include the wage rate requirement clause in federally funded construction contracts. In addition, certified payrolls should be obtained as required for all federally funded construction contracts in excess of $2,000. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Matching / Level of Effort / Earmarking Special Tests & Provisions

Other Findings in this Audit

  • 528139 2024-001
    Material Weakness Repeat
  • 528140 2024-002
    Material Weakness Repeat
  • 528141 2024-003
    Material Weakness Repeat
  • 528142 2024-001
    Material Weakness Repeat
  • 528143 2024-002
    Material Weakness Repeat
  • 528144 2024-003
    Material Weakness Repeat
  • 528145 2024-004
    Material Weakness Repeat
  • 528146 2024-005
    Material Weakness
  • 528147 2024-004
    Material Weakness Repeat
  • 528148 2024-005
    Material Weakness
  • 528149 2024-004
    Material Weakness Repeat
  • 528151 2024-004
    Material Weakness Repeat
  • 528152 2024-005
    Material Weakness
  • 528153 2024-004
    Material Weakness Repeat
  • 528154 2024-005
    Material Weakness
  • 528155 2024-004
    Material Weakness Repeat
  • 528156 2024-005
    Material Weakness
  • 1104581 2024-001
    Material Weakness Repeat
  • 1104582 2024-002
    Material Weakness Repeat
  • 1104583 2024-003
    Material Weakness Repeat
  • 1104584 2024-001
    Material Weakness Repeat
  • 1104585 2024-002
    Material Weakness Repeat
  • 1104586 2024-003
    Material Weakness Repeat
  • 1104587 2024-004
    Material Weakness Repeat
  • 1104588 2024-005
    Material Weakness
  • 1104589 2024-004
    Material Weakness Repeat
  • 1104590 2024-005
    Material Weakness
  • 1104591 2024-004
    Material Weakness Repeat
  • 1104592 2024-005
    Material Weakness
  • 1104593 2024-004
    Material Weakness Repeat
  • 1104594 2024-005
    Material Weakness
  • 1104595 2024-004
    Material Weakness Repeat
  • 1104596 2024-005
    Material Weakness
  • 1104597 2024-004
    Material Weakness Repeat
  • 1104598 2024-005
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund 2023 $2.97M
84.425 Education Stabilization Fund 2024 $2.73M
10.555 National School Lunch Program 2023 $1.87M
10.555 National School Lunch Program 2024 $1.86M
84.010 Title I Grants to Local Educational Agencies 2024 $1.20M
84.027 Special Education Grants to States 2023 $1.10M
84.010 Title I Grants to Local Educational Agencies 2023 $907,836
10.553 School Breakfast Program 2023 $641,429
10.553 School Breakfast Program 2024 $597,006
84.027 Special Education Grants to States 2024 $204,865
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2024 $154,369
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) 2023 $114,081
84.424 Student Support and Academic Enrichment Program 2024 $79,170
84.358 Rural Education 2023 $71,369
84.424 Student Support and Academic Enrichment Program 2023 $51,976
84.002 Adult Education - Basic Grants to States 2024 $34,906
84.358 Rural Education 2024 $34,866
84.002 Adult Education - Basic Grants to States 2023 $34,855
84.173 Special Education Preschool Grants 2023 $33,476
84.048 Career and Technical Education -- Basic Grants to States 2023 $29,956
84.048 Career and Technical Education -- Basic Grants to States 2024 $28,158
84.173 Special Education Preschool Grants 2024 $15,452