Finding 539610 (2023-001)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2025-03-28

AI Summary

  • Core Issue: The District lacked adequate internal controls to ensure compliance with federal wage rate requirements, specifically not collecting certified payroll reports from contractors.
  • Impacted Requirements: This deficiency led to material noncompliance with federal regulations, risking potential liabilities for unpaid wages to laborers.
  • Recommended Follow-up: Strengthen internal controls by obtaining federal certified payroll reports and provide training to staff on compliance with federal requirements.

Finding Text

SCHEDULE OF FEDERAL AWARD FINDINGS AND QUESTIONED COSTS Highline School District No. 401 September 1, 2022 through August 31, 2023 2023-001 The District did not have adequate internal controls for ensuring compliance with federal wage rate requirements. Assistance Listing Number and Title: 84.425, COVID-19 – Education Stabilization Fund Federal Grantor Name: U.S. Department of Education Federal Award/Contract Number: N/A Pass-through Entity Name: Office of Superintendent of Public Instruction Pass-through Award/Contract Number: COVID-19, 84.425D-0144521 COVID-19, 84.425W-0459544 COVID-19, 84.425W-0459014 COVID-19, 84.425U-0140657 COVID-19, 84.425U-0145305 COVID-19, 84.425U-0140072 COVID-19, 84.425U-0140021 COVID-19, 84.425U-0140020 COVID-19, 84.425D-N/A COVID-19, 84.425D-0120523 COVID-19, 84.425D-0138183 COVID-19, 84.425D-0137204 Known Questioned Cost Amount: $0 Prior Year Audit Finding: Yes, Finding 2022-001 Description of Condition During the 2022–23 school year, the District spent $5,160,728 for payments to one contractor to update the heating, ventilation and air conditioning (HVAC) system in four schools to improve air quality and circulation to prevent the spread of COVID-19. Our audit found that the District did not have adequate internal controls for ensuring compliance with federal prevailing wage rate requirements. Specifically, the District did not collect weekly certified payroll reports from the contractor and subcontractors to confirm it paid laborers proper prevailing wages. We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition District staff were aware of state prevailing wage requirements. However, District staff did not collect certified payroll reports because they mistakenly believed they were only required to review the certified payroll in the Washington State Department of Labor and Industries (L&I) website to confirm the contractors and subcontractors submitted weekly certified payroll reports. However, they did not know that this process, while sufficient for state requirements, did not meet federal requirements. Effect of Condition Without adequate internal controls to ensure it collects all weekly certified payroll reports, the District cannot demonstrate it complied with federal wage rate requirements. The District could be liable for paying any additional wages if the contractor and its subcontractors did not pay prevailing wage rates to laborers working on the contract. During the audit period, the District was required to collect certified payroll reports from one contractor and 24 subcontractors. The audit selected the prime contractor and one subcontractor for testing. We found that the District did not obtain any of the weekly certified payroll reports for the contractor and subcontractor we tested. During the audit, the District subsequently collected all weekly certified payrolls. Recommendation We recommend the District strengthen internal controls to ensure compliance with federal prevailing wage rate requirements. This should include obtaining the federal certified payroll reports, as well as implementing effective monitoring processes to collect and review all weekly certified payroll reports from contractors and subcontractors. Additionally, we recommend the District provide additional training to ensure staff overseeing compliance with federal programs are aware of all applicable requirements. District’s Response The District stewards public resources carefully and takes pride in developing and maintaining strong internal controls. The District made adjustments in response to this finding to ensure compliance for Federally funded construction projects. Going forward, the District will also ensure staff are appropriately trained on these requirements. The context of this finding is that the District had established internal controls to check for compliance with state prevailing wage requirements. Until 2021-22, the District very rarely utilized Federal funds for public works contracts, and thus the unique and complex nature of these Federal resources and the requirements around their use were unanticipated. When made aware of this oversight during the 2021-22 audit, the District took steps to review certified payroll documents from the beginning of the project to the current period, and to verify that contractors were in compliance with Federal prevailing wage rules. However, by the time the District took those steps, several months of the next fiscal year (2022-23) had already passed, resulting in the District being out of compliance that year, as well. Many other districts throughout the state received near identical prevailing wage findings from the State Auditor’s Office in the 2021-22 year. However, only a handful of districts, Highline among them, received a second prevailing wage finding in 2022-23, despite every district that was issued an earlier finding facing the same catch-22 conditions described above. Another important point to consider is that the underlying intent of this regulation is to ensure workers are not paid less than Federal prevailing wage. The state of Washington’s prevailing wages are significantly higher than Federal, and the District is in compliance with state prevailing wage regulations. Though the District does not refute being out of compliance in this narrow area, the District is certain that workers on these Federal publics works projects were paid well above Federal prevailing wage. The District respects and values the work of the State Auditor’s Office in conducting their annual audit. Given that numerous districts across the state were provided with one-time federal ESSER dollars to mitigate the impacts of a global pandemic, and that Federal funds are rarely used by districts in Washington to support public works projects, all districts and the State Auditor’s Office would have benefited from clearer guidance and consideration from Federal granting authorities. Auditor’s Remarks We appreciate the District’s commitment to resolving the issue. We will review the condition during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 29 CFR, Section 3.3 – Weekly statement with respect to payment of wages, and Section 3.4 – Submission of weekly statements and the preservation and inspection of weekly payroll records, establishes requirements for contractor or subcontractor submission of weekly certified payroll reports. Title 29 CFR, Section 5.5 – Contract provisions and related matters establishes the requirements for 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 with federal funds the clauses listed, which includes but is not limited to the minimum wages to be paid and payrolls and basic records to be maintained (submission of weekly certified payrolls).

Categories

Subrecipient Monitoring Internal Control / Segregation of Duties Special Tests & Provisions Allowable Costs / Cost Principles Material Weakness Reporting

Other Findings in this Audit

  • 539607 2023-001
    Material Weakness Repeat
  • 539608 2023-001
    Material Weakness Repeat
  • 539609 2023-001
    Material Weakness Repeat
  • 539611 2023-001
    Material Weakness Repeat
  • 539612 2023-001
    Material Weakness Repeat
  • 539613 2023-001
    Material Weakness Repeat
  • 539614 2023-001
    Material Weakness Repeat
  • 539615 2023-001
    Material Weakness Repeat
  • 539616 2023-001
    Material Weakness Repeat
  • 539617 2023-001
    Material Weakness Repeat
  • 539618 2023-001
    Material Weakness Repeat
  • 539619 2023-001
    Material Weakness Repeat
  • 539620 2023-001
    Material Weakness Repeat
  • 1116049 2023-001
    Material Weakness Repeat
  • 1116050 2023-001
    Material Weakness Repeat
  • 1116051 2023-001
    Material Weakness Repeat
  • 1116052 2023-001
    Material Weakness Repeat
  • 1116053 2023-001
    Material Weakness Repeat
  • 1116054 2023-001
    Material Weakness Repeat
  • 1116055 2023-001
    Material Weakness Repeat
  • 1116056 2023-001
    Material Weakness Repeat
  • 1116057 2023-001
    Material Weakness Repeat
  • 1116058 2023-001
    Material Weakness Repeat
  • 1116059 2023-001
    Material Weakness Repeat
  • 1116060 2023-001
    Material Weakness Repeat
  • 1116061 2023-001
    Material Weakness Repeat
  • 1116062 2023-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $6.35M
84.425 Covid 19 - Education Stabilization Fund $5.55M
10.553 School Breakfast Program $1.57M
10.555 National School Lunch Program $895,611
84.365 English Language Acquisition State Grants $817,622
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $765,153
84.424 Student Support and Academic Enrichment Program $570,349
93.778 Medical Assistance Program $352,284
84.027 Special Education Grants to States $314,558
10.582 Fresh Fruit and Vegetable Program $228,205
84.027 Covid 19 - Special Education Grants to States $208,470
93.566 Refugee and Entrant Assistance State/replacement Designee Administered Programs $103,850
84.173 Special Education Preschool Grants $97,950
84.048 Career and Technical Education -- Basic Grants to States $63,760
84.215 Innovative Approaches to Literacy; Promise Neighborhoods; Full-Service Community Schools; and Congressionally Directed Spending for Elementary and Secondary Education Community Projects $57,648
84.196 Education for Homeless Children and Youth $51,601
10.558 Child and Adult Care Food Program $50,882
10.559 Summer Food Service Program for Children $42,885
84.060 Indian Education Grants to Local Educational Agencies $5,876
10.665 Schools and Roads - Grants to States $5,159
84.173 Covid 19 - Special Education Preschool Grants $4,805
17.259 Wioa Youth Activities $4,699
10.574 Team Nutrition Grants $740