Finding 578135 (2022-001)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-11-13

AI Summary

  • Core Issue: The District lacked adequate internal controls to ensure compliance with federal wage rate requirements for contractors working on funded projects.
  • Impacted Requirements: Failure to collect weekly certified payroll reports from contractors led to material noncompliance with federal regulations.
  • Recommended Follow-Up: Develop and implement internal controls to ensure compliance with federal wage requirements and establish monitoring processes for collecting payroll reports.

Finding Text

Auburn School District No. 408 September 1, 2021 through August 31, 2022 2022-001 The District did not have adequate internal controls for ensuring compliance with 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-120367 COVID-19, 84.425U-138204 COVID-19, 84.425U-137142 COVID-19, 84.425U-9810 Known Questioned Cost Amount: $0 Background The objectives of the Education Stabilization Fund (ESF) program are to prevent, prepare for and respond to the COVID-19 pandemic. In fiscal year 2022, the District spent $18,872,744 of its ESF awards. This included $3,566,208 of its Elementary and Secondary School Emergency Relief (ESSER II) Fund subprogram (84.425D), $15,258,978 of its American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER/ESSER III) subprogram (84.425U), and $47,558 of ESSER subprogram award for Safe School Meals Grant (84.425U). Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding grant requirements and monitoring the effectiveness of established controls. Under federal wage rate requirements, also known as the Davis-Bacon Act, contractors and subcontractors that work on projects financed with more than $2,000 of federal money must pay laborers and mechanics wage rates that the U.S. Department of Labor considers being similar to what local workers have been paid for similar projects. For construction contracts subject to these wage rate requirements, the District must include a provision that the contractor and subcontractor comply with those requirements and the Department of Labor’s regulations. This includes a requirement for the contractor and its subcontractor to submit to the District weekly, for each week in which any contract work is performed, certified payroll reports. These reports must include a copy of the payroll and a signed statement of compliance. Description of Condition During the 2021-22 school year, the District paid $3,285,549 from its ESSER III award to seven contractors for 35 projects to update the existing heating, ventilation and air conditioning (HVAC) systems’ controls, repair insulation, and install new HVAC equipment (heat pumps) in school buildings. These projects were part of the District’s school facility capital improvement efforts to prevent the spread of COVID-19 and enable school operations by facilitating greater air flow and filtration. Our audit found 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 three contractors tested to confirm they paid laborers proper prevailing wages. We consider this deficiency in internal controls to be a material weakness, which led to material noncompliance. The issue was not reported as a finding in the prior audit. Cause of Condition While District officials knew about state prevailing wage requirements, they did not know about the federal requirements because the District does not usually apply federal funds to construction projects. Effect of Condition Without adequate internal controls that ensure it collects all weekly certified payroll reports, the District cannot demonstrate it complied with federal wage requirements. The District could also be liable for paying any additional wages if the contractors and subcontractors did not pay prevailing wage rates to laborers working on the contracts. Recommendation We recommend the District develop internal controls to ensure compliance with federal prevailing wage rate requirements. Additionally, we recommend the District implement effective monitoring processes to collect and review all weekly certified payroll reports from contractors and subcontractors. District’s Response As stated in the “Cause of Condition” section, the district is aware of prevailing wage requirements, but the district does not typically use federal funds for construction projects. The district was unaware of the requirement to review weekly certified payroll reports from the vendors. The district received prior approval from OSPI and has guidance and procedures as it related to Intents, Affidavits, and payments to vendors. The district has implemented internal controls to ensure compliance with federal prevailing wage requirements. 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 Equipment & Real Property Management Internal Control / Segregation of Duties Special Tests & Provisions Allowable Costs / Cost Principles Material Weakness Reporting

Other Findings in this Audit

  • 1684 2022-003
    Material Weakness
  • 1685 2022-002
    Significant Deficiency
  • 1686 2022-002
    Significant Deficiency
  • 1687 2022-002
    Significant Deficiency
  • 1688 2022-002
    Significant Deficiency
  • 1689 2022-002
    Significant Deficiency
  • 1690 2022-002
    Significant Deficiency
  • 1691 2022-002
    Significant Deficiency
  • 1692 2022-002
    Significant Deficiency
  • 1693 2022-001
    Material Weakness
  • 1694 2022-001
    Material Weakness
  • 1695 2022-001
    Material Weakness
  • 1696 2022-001
    Material Weakness
  • 578126 2022-003
    Material Weakness
  • 578127 2022-002
    Significant Deficiency
  • 578128 2022-002
    Significant Deficiency
  • 578129 2022-002
    Significant Deficiency
  • 578130 2022-002
    Significant Deficiency
  • 578131 2022-002
    Significant Deficiency
  • 578132 2022-002
    Significant Deficiency
  • 578133 2022-002
    Significant Deficiency
  • 578134 2022-002
    Significant Deficiency
  • 578136 2022-001
    Material Weakness
  • 578137 2022-001
    Material Weakness
  • 578138 2022-001
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program $7.86M
84.010 Title I Grants to Local Educational Agencies $3.94M
10.553 School Breakfast Program $1.75M
32.009 Covid-19 - Emergency Connectivity Fund Program $850,897
84.367 Supporting Effectve Instruction State Grants $591,514
84.365 English Language Acquisition State Grants $563,404
84.334 Gaining Early Awareness and Readiness for Undergraduate Programs $496,692
10.582 Fresh Fruit and Vegetable Program $280,494
84.027 Special Education_grants to States $229,401
10.559 Summer Food Service Program for Children $174,815
84.424 Student Support and Academic Enrichment Program $170,835
84.041 Impact Aid $161,267
93.566 Refugee and Entrant Assistance_state Administered Programs $158,143
93.959 Block Grants for Prevention and Treatment of Substance Abuse $140,548
84.060 Indian Education_grants to Local Educational Agencies $107,509
84.048 Career and Technical Education -- Basic Grants to States $105,623
12.U01 Jrotc Program $93,622
84.173 Special Education_preschool Grants $61,238
93.778 Medical Assistance Program $59,679
84.425 Covid-19 - Education Stabilization Fund $47,558
21.027 Covid -19 - Coronavirus State and Local Fiscal Recovery Funds $35,950
84.377 School Improvement Grants $6,410
10.649 Covid-19 - Pandemic Ebt Administrative Costs $5,814
10.665 Schools and Roads - Grants to States $5,785
93.434 Every Student Succeeds Act/preschool Development Grants $3,290