Finding 570033 (2023-005)

Significant Deficiency
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2025-07-02

AI Summary

  • Core Issue: Delays in certified payroll submissions were found, with three out of fifteen weeks not certified on time, violating federal regulations.
  • Impacted Requirements: This affects compliance with the Wage Rate Requirements under the Davis-Bacon Act, which mandates weekly certified payroll submissions.
  • Recommended Follow-Up: Implement a compliance team to ensure timely payroll certifications and consider requesting a non-compliance waiver from FHWA.

Finding Text

Finding Reference 2023-05 Assistance Listing Number 20.205 Highway Planning and Construction (Federal-Aid Highway Program) Name of Federal Agency Department of Transportation Compliance Requirement Special Tests and Provisions – Wage Rate Requirements Type of Finding Significant Deficiency on Internal Control and Non-Compliance Condition: From a sample of fifteen work weeks examined, we noted that three certified payroll weeks were not certified within the required weekly period as required by federal regulations. The delays in certifications ranged from four days to thirty-three days in excess of the required weekly timeframe. Criteria: Nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements (which still may be referenced as the Davis-Bacon Act) a provision that the contractor or subcontractor comply with those requirements and the DOL regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contacts Governing Federally Financed and Assisted Construction). This includes a requirement for the contractor or subcontractor to submit to the nonfederal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls) (29 CFR sections 5.5 and 5.6; the A-102 Common Rule (section 36(i)(5)); OMB Circular A-110 (2 CFR Part 215, Appendix A, Contract Provisions); 2 CFR Part 176, Subpart C; and 2 CFR section 200.326). Cause: The delays in the certification of payroll weeks may be due to inefficient payroll processing procedures within the contractor or subcontractor's system. Effect: The failure to certify payrolls on a weekly basis as required by federal regulations can lead to noncompliance with federal regulations, specifically the Davis-Bacon Act and related Department of Labor (DOL) regulations. However, the fact that the Authority discharges its obligation by withholding payment to the contractor or subcontractor until the certified payroll is received and reviewed, mitigates all economic risks. Questioned Costs: None. Recommendation: To address the identified issues, the following corrective actions are recommended: • Enhance Oversight and Compliance Reviews: Designate a compliance officer or team responsible for verifying that certified payrolls are submitted timely. Include within the internal audit functions to test compliance with this requirement and recommend corrective actions promptly. • Request a non-compliance waiver from the FHWA: The Authority should request the FHWA for a 20% non-compliance waiver, as it is impracticable for the Authority to ascertain that all contractors or subcontractors comply timely with this requirement. Views of Responsible Officials Refer to Management’s unaudited corrective action plan. -

Corrective Action Plan

Corrective Action Plan: All personnel involved in the administration of programs that expend federal funds, including contractors and subcontractors, will receive adequate training on the requirements of the Davis-Bacon Act and the payroll certification process. Responsible Party: Eng. Maria Ayala Rivera, Director of Construction Office Planned Implementation Date: Currently in progress. Expected to be completed on or before June 30, 2025.

Categories

Internal Control / Segregation of Duties Special Tests & Provisions Significant Deficiency Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 570026 2023-002
    Significant Deficiency
  • 570027 2023-002
    Significant Deficiency
  • 570028 2023-002
    Significant Deficiency
  • 570029 2023-002
    Significant Deficiency
  • 570030 2023-002
    Significant Deficiency
  • 570031 2023-003
    Significant Deficiency
  • 570032 2023-004
    Significant Deficiency Repeat
  • 1146468 2023-002
    Significant Deficiency
  • 1146469 2023-002
    Significant Deficiency
  • 1146470 2023-002
    Significant Deficiency
  • 1146471 2023-002
    Significant Deficiency
  • 1146472 2023-002
    Significant Deficiency
  • 1146473 2023-003
    Significant Deficiency
  • 1146474 2023-004
    Significant Deficiency Repeat
  • 1146475 2023-005
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
20.205 Highway Planning and Construction (federal-Aid Highway Program) $149.22M
20.507 Federal Transit - Formula Grants (urbanized Area Formula Program) $26.97M
20.525 State of Good Repair Grants Program $4.72M
20.505 Metropolitan Transportation Planning Grants $2.57M
20.509 Formula Grants for Rural Areas and Tribal Transit Program $2.43M
20.500 Capital Investment Grants (fixed Guideway Capital Investment Grants) $1.59M
21.027 Covid-19: Coronavirus State and Local Fiscal Recovery Funds $1.50M
20.509 Covid-19 Formula Grants for Rural Areas and Tribal Transit Program $1.06M
20.527 Public Transportation Emergency Relief Program $672,792
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) $426,869
20.933 National Infrastructure Investments $212,794
14.228 Community Development Block Grants/state's Program and Non-Entitlement Grants $31,765
20.513 Enhanced Mobility of Seniors and Individuals with Disabilities $14,913
20.526 Buses and Bus Facilities Formula, Competitive, and Low Or No Emissions Programs (buses and Bus Facilities Program) $2,109