Finding Text
Criteria: The Davis-Bacon Act requires contractors and subcontractors on federal contracts to pay laborers and mechanics employed under the contract at rates not less than the prevailing wages and fringe benefits determined by the Secretary of Labor. To comply with federal regulations, it is essential for the auditee to establish internal controls ensuring accurate verification and documentation of these payments.
Condition: The District did not have internal controls in place to validate and confirm that contractors working on federally funded HVAC projects with ESSER money were paying the mandated prevailing wages and fringe benefits to their employees. The absence of such controls resulted in increased risk of non-compliance.
Cause: The absence of adequate controls stemmed from a lack of comprehensive policies, procedures, and training programs related to the Davis-Bacon Act. Additionally, there was a failure to assign responsibility for monitoring and ensuring compliance, leading to gaps in oversight.
Effect: The District could have charged contract costs to ESSER that were not allowable.
Questioned Costs: $-0-
Auditors’ Recommendation: The District should implement controls that verify compliance with Davis-Bacon for all construction contracts using ESSER funds and retain supporting documentation. This should include the development of clear policies and procedures outlining the steps for verifying prevailing wage rates and fringe benefits, as well as adequate training for staff involved in contract administration. Furthermore, the District should designate responsible individuals or teams to oversee compliance monitoring and regularly audit contractor and subcontractor records to confirm adherence to federal regulations.
View of Responsible Officials and Corrective Action Plan: See attachment for District’s corrective action plan.