Finding 554236 (2024-001)

Significant Deficiency Repeat Finding
Requirement
N
Questioned Costs
-
Year
2024
Accepted
2025-04-07
Audit: 352806
Organization: Rsu/msad No. 29 (ME)

AI Summary

  • Core Issue: Construction projects over $2,000 lacked compliance with federal Wage Rate Requirements, including missing contract language and incomplete Certified Payroll documentation.
  • Impacted Requirements: Non-compliance with 2 CFR Appendix II to Part 200 and 29 CFR 5.2, 5.5, leading to potential violations of federal wage laws.
  • Recommended Follow-up: The Unit should enhance internal controls and ensure familiarity with federal Wage Rate Requirements to prevent future compliance issues.

Finding Text

Significant Deficiency 2024-001 – WAGE RATE REQUIREMENTS Federal Program Information: U.S. Department of Education Passed through the State of Maine Department of Education: ALN 84.425 Education Stabilization Fund Criteria: The following CFR(s) apply to this finding: 2 CFR Appendix II to Part 200; 29 CFR 5.2; 29 CFR 5.5. Condition: During audit procedures, it was identified that the Unit had construction projects in excess of $2,000 that were not in compliance with the requirements in the criteria above. Some work was performed under contracts that did not include the full language of the required Davis Bacon contract clause. Additionally, it was identified that one of the contractor’s Certified Payroll did not include all required elements. Cause: The Unit does not have the necessary internal controls over compliance. Effect: The construction projects may not have been performed in compliance with the federal Wage Rate Requirements Identification of Questioned Costs: None identified. Context: During audit procedures, we tested 4 contractors and 2 out of the 4 had issues. One did not have a contract, a proposal was used instead of a contract. This contractor did provide Correct Certified Payroll documentation. The other second contractor did provide the Certified payroll documentation, but it was not completed correctly. These construction projects began prior to the beginning of FY24 or during the first quarter of FY 24 prior to RSU 29’s. Repeat Finding: This is a repeat finding of 2023-001. Recommendation: It is recommended that the Unit familiarize themselves with federal Wage Rate Requirements and implement an internal control process and procedure to ensure that they are following the required criteria mentioned above. Views of Responsible Officials and Corrective Action Plan: Please see the Corrective Action Plan issued by the Regional School Unit No. 29.

Corrective Action Plan

CORRECTIVE ACTION PLAN (Concerning Finding 2024-001) 2024-001 – Wage Rate Requirements Contact Person Responsible for Corrective Action: Wendy Bradstreet, RSU29 Business Manager Corrective Action: RSU29 will take the following actions to address finding 2023-001: The district has been implementing new procedures and processes as of May 15, 2024, to correct the issues in question to comply with CFR(s): 2 CFR Appendix II to Part 200; 29 CFR 5.2; 29 CFR 5.5, to make sure we remain in compliance with OMB guidelines. As originally addressed in the Corrective Action Plan, back wages have been issued to ensure compliance with federal guidelines and language has been incorporated into new construction contracts and documents. Davis Bacon language has been included in current year construction projects paid with federal and/or state funding. Payroll certifications have been received and reviewed with each invoice submitted for payment by the district’s business manager to ensure compliance with wage rate requirements for Davis Bacon guidelines as applicable. A copy of the OMB Circulars containing the CFR guidelines have been received and reviewed by the Business Manager and applicable grant managers/coordinators to implement a more stringent internal control process and procedure to ensure all requirements are followed. The Business Manager has updated the district’s administrative team and central office staff of applicable guidelines to ensure compliance of all projects that is being paid for by federal and/or state funding. Anticipated Completion Date: October 15, 2024

Categories

Significant Deficiency Internal Control / Segregation of Duties

Other Findings in this Audit

  • 554237 2024-001
    Significant Deficiency Repeat
  • 554238 2024-001
    Significant Deficiency Repeat
  • 1130678 2024-001
    Significant Deficiency Repeat
  • 1130679 2024-001
    Significant Deficiency Repeat
  • 1130680 2024-001
    Significant Deficiency Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund $1.77M
84.010 Title I Grants to Local Educational Agencies $852,467
10.555 National School Lunch Program $775,162
84.027 Special Education_grants to States $368,851
84.367 Improving Teacher Quality State Grants $115,581
84.424 Student Support and Academic Enrichment Program $73,451
10.582 Fresh Fruit and Vegetable Program $62,408
84.060 Indian Education_grants to Local Educational Agencies $59,630
84.287 Twenty-First Century Community Learning Centers $44,516
84.002 Adult Education - Basic Grants to States $42,900
84.358 Rural Education $35,314
10.565 Commodity Supplemental Food Program $31,879
10.559 Summer Food Service Program for Children $10,981
84.173 Special Education_preschool Grants $8,807
10.649 Pandemic Ebt Administrative Costs $2,612