Finding Text
2024-001: PROVISIONS OF THE DAVIS-BACON ACT
Program: Federal Impact Aid
Federal Assistance Listing Number: 84.041
Federal Agency: U.S. Department of Education
Questioned Costs: $-0-
Type of Finding: Noncompliance (Other Matter), Significant Deficiency in internal control
Compliance Requirement: N. Special Tests and Provisions
Repeat Finding: No.
Condition/Context: During our testing on one of 1 contractor, we noted the District did not have adequate internal controls designed to ensure contractors were in compliance with applicable Davis-Bacon Wage Rate requirements. The District did not retain documentation supporting indication of certified payrolls being submitted in accordance with monitoring compliance with the Davis-Bacon Act requirements for contracts funded by Impact Aid. In addition, contracts or purchase orders were not documented to support the need for compliance under Davis Bacon.
Criteria or Specific Requirement: The Davis-Bacon Act requires that laborers and mechanics employes by contractors and subcontractors in the performance of federally funded or assisted contracts in excess of $2,000 for construction, alteration, or repair (including painting and decorating) of public buildings or public works must be paid wages not less than those established by the Secretary of Labor. Adequate monitoring of compliance with these wage requirements is required to ensure that workers are being paid correctly per 29 CFR 5.5 compliance provisions.
Per 2 CFR section 200.303(a), a non-Federal entity must establish and maintain effective internal control over 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 comply with guidance in “Standards for Internal Control in 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).
Cause: The District’s procedures and internal controls over monitoring Davis-Bacon Act compliance were not sufficiently designed or implemented to ensure that wage determinations were verified and that contractors were monitored for compliance.
Effect: Noncompliance and internal control weakness.
Recommendation: We recommend the District implement policies and procedures to ensure effective monitoring of compliance with Davis-Bacon wage requirements.