Finding 58435 (2022-003)

Significant Deficiency
Requirement
N
Questioned Costs
$1
Year
2022
Accepted
2023-06-07

AI Summary

  • Core Issue: Contracts lacked required prevailing wage clauses and certified payroll submissions.
  • Impacted Requirements: Noncompliance with federal regulations, specifically 2 CFR Part 200 regarding wage rate requirements.
  • Recommended Follow-Up: Review and enhance contract procedures to ensure compliance with wage rate clauses and establish monitoring for timely certified payroll submissions.

Finding Text

2022 ? 003 ? Special Test and Provision ? Wage Rate Requirements Federal Agency: U.S. Department of Education Federal Program Name: Education Stabilization Fund Assistance Listing Number: 84.425 Pass-Through Agency: Arizona Department of Education Pass-Through Number(s): All Pass-Though Numbers Present in the SEFA Award Period: March 2020 through September 2024 Statistically Valid Sample: No, and not intended to be a Statistically Valid Sample. Type of Finding: Significant Deficiency in Internal Control over Compliance and Noncompliance Criteria or specific requirement: Construction contracts are reviewed and approved by the Director of Purchasing to ensure the completeness and accuracy of the contract including the appropriate prevailing wage rate clauses are included in the contract or subcontracts. Additionally, contractor or subcontractor are required to submit required certified payroll for each week in which work was performed. Condition/Context: We noted instances where contracts did not include the prevailing wage clauses and no certified payrolls were obtained from the contractor or subcontractors. For 5 of the 6 contracts reviewed, the required prevailing wage rate clauses were not included in the contract and there were no certified payrolls submitted by the contractor or subcontractors. Questioned costs: None. Cause: The District was not aware of the error due to a lack of established processes and internal controls in these areas during the fiscal year. Effect: Noncompliance with federal grant terms and conditions including 2 CFR Part 200 Uniform Guidance over wage rate requirements. Repeat finding: No Recommendation: We recommend the District to review its current procedures over the review of contracts to ensure prevailing wage rates clauses are included in the contract and implement a monitoring control to ensure certified payrolls are submitted by the contractor or subcontractor in a timely manner as required by the regulations. Views of responsible officials: There is no disagreement with the audit finding. See corrective action plan.

Corrective Action Plan

2022-003 Education Stabilization Fund ? Assistance Listing No. 84.425 Recommendation: We recommend the District to review its current procedures over the review of contracts to ensure prevailing wage rates clauses are included in the contract and implement a monitoring control to ensure certified payrolls are submitted by the contractor or subcontractor in a timely manner as required by the regulations. Explanation of disagreement with audit finding: There is no disagreement with the audit finding. Action taken in response to finding: For all Requests for Proposals (RFP), Invitations for Bid (IFB), and Requests for Quotations (RFQ), the District provides a ?Special Requirements: Federal Requirements? section in all of the terms and conditions that prospective vendors must review. All vendors are required to acknowledge that they read, understand, and will abide by the various Federal requirements. Among them, a clause of building projects states, ?Davis-Bacon Act ? the OFFEROR shall complete with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR Part 5).? Any prospective vendor is required to maintain records for the operations under the awarded contract for a period of not less than five (5) years for the District?s review. The District is currently identifying construction project vendors and requesting documentation to show evidence that the vendors met the requirements of Davis-Bacon. Davis-Bacon requirements have been implemented since July 1, 2022, and missing documentation from vendors will be collected by June 30, 2024. Name of the contact person responsible for corrective action: Ricky Hernandez, Chief Financial Officer Planned completion date for corrective action plan: Process was implemented by June 30, 2022. Vendors with missing documentation will be collected by June 30, 2024.

Categories

Questioned Costs Subrecipient Monitoring Reporting Significant Deficiency Internal Control / Segregation of Duties

Other Findings in this Audit

  • 58434 2022-002
    Significant Deficiency
  • 58436 2022-004
    Significant Deficiency
  • 634876 2022-002
    Significant Deficiency
  • 634877 2022-003
    Significant Deficiency
  • 634878 2022-004
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
84.425 Education Stabilization Fund $74.61M
84.010 Title I Grants to Local Educational Agencies $27.25M
10.559 Summer Food Service Program for Children $14.78M
84.027 Special Education_grants to States $9.33M
84.367 Improving Teacher Quality State Grants $2.61M
84.287 Twenty-First Century Community Learning Centers $2.55M
10.555 National School Lunch Program $1.96M
84.126 Rehabilitation Services_vocational Rehabilitation Grants to States $1.81M
84.048 Career and Technical Education -- Basic Grants to States $1.55M
84.424 Student Support and Academic Enrichment Program $1.51M
84.041 Impact Aid $1.19M
10.565 Commodity Supplemental Food Program $1.11M
93.575 Child Care and Development Block Grant $941,446
93.596 Child Care Mandatory and Matching Funds of the Child Care and Development Fund $896,767
84.365 English Language Acquisition State Grants $703,514
10.553 School Breakfast Program $454,582
84.377 School Improvement Grants $430,194
84.060 Indian Education_grants to Local Educational Agencies $385,833
10.558 Child and Adult Care Food Program $226,058
84.173 Special Education_preschool Grants $201,831
16.710 Public Safety Partnership and Community Policing Grants $157,773
10.582 Fresh Fruit and Vegetable Program $145,232
84.196 Education for Homeless Children and Youth $100,618
93.778 Medical Assistance Program $77,098
15.130 Indian Education_assistance to Schools $77,088
12.357 Rotc Language and Culture Training Grants $63,469
12.556 Competitive Grants: Promoting K-12 Student Achievement at Military-Connected Schools $56,592
84.334 Gaining Early Awareness and Readiness for Undergraduate Programs $21,180
93.576 Refugee and Entrant Assistance_discretionary Grants $1,510