Finding 607538 (2022-009)

Material Weakness
Requirement
NP
Questioned Costs
-
Year
2022
Accepted
2023-03-26

AI Summary

  • Core Issue: The School Corporation failed to implement effective internal controls to ensure compliance with wage rate requirements for construction contracts funded by federal assistance.
  • Impacted Requirements: Contracts over $2,000 must include a prevailing wage rate clause and require weekly certified payroll submissions, as mandated by federal regulations.
  • Recommended Follow-Up: Establish a system of internal controls to ensure compliance with wage requirements and conduct training for staff on contract management and documentation practices.

Finding Text

FINDING 2022-009 Subject: COVID-19 - Education Stabilization Fund - Special Tests and Provisions - Wage Rate Requirements Federal Agency: Department of Education Federal Program: COVID-19 - Education Stabilization Fund Assistance Listings Numbers: 84.425C, 84.425D, 84.425U Federal Award Numbers and Years (or Other Identifying Numbers): S425C200018, S425D200013, S425D210013, S425U210013 Pass-Through Entity: Indiana Department of Education Compliance Requirement: Special Tests and Provisions - Wage Rate Requirements Audit Findings: Material Weakness, Modified Opinion Condition and Context An effective internal control system was not designed or implemented at the School Corporation in order to ensure compliance with requirements related to the grant agreement and the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Construction contracts in excess of $2,000 financed by federal assistance funds must pay wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor (DOL) to their laborers and mechanics. Nonfederal entities are to include in their construction contracts subject to the Wage Rate Requirements a provision that the contractor or subcontractor comply with these requirements and the DOL regulations. This would include a requirement to submit a copy of the payroll and statement of compliance to the entity for each week in which contract work was performed. INDIANA STATE BOARD OF ACCOUNTS 35 GARY COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) The School Corporation had not designed nor implemented a system of internal controls to ensure that construction contracts in excess of $2,000 paid from federal grant funds included a prevailing wage rate clause. Three construction contracts, totaling $5,836,924, were paid from the COVID-19 - Education Stabilization Fund grant funds during the audit period. For three of three contracts reviewed, the required prevailing wage rate clause was not included in the contract, nor were certified payrolls submitted by the contractors. The lack of internal controls and failure to maintain and provide adequate supporting documentation were systemic issues throughout the audit period. Criteria 2 CFR 200.303 states in part: "The non-Federal entity must: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in 'Standards for Internal Control in the Federal Government' issued by the Comptroller General of the United States or the 'Internal Control Integrated Framework', issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). . . ." 29 CFR 5.5 states in part: "(a) The Agency head shall cause or require 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 from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in ? 5.1, the following clauses . . . (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. . . . (3) Payrolls and basic records. . . . (ii) INDIANA STATE BOARD OF ACCOUNTS 36 GARY COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency). . . ." 2 CFR 200 Appendix II states in part: "In addition to other provisions required by the Federal agency or non-Federal entity; all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. . . . (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. . . ." Cause Management had not designed or implemented a system of internal controls that would have ensured compliance with the grant agreement and the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Effect The failure to establish an effective system of internal controls and to retain and provide appropriate supporting documentation prevented the determination of the School Corporation's compliance with the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Questioned Costs There were no questioned costs identified. Recommendation We recommended that the School Corporation's management establish internal controls to ensure compliance and comply with the grant agreement and the Special Tests and Provisions - Wage Rate Requirements compliance requirement. Views of Responsible Officials For the views of responsible officials, refer to the Corrective Action Plan that is part of this report.

Categories

Matching / Level of Effort / Earmarking Special Tests & Provisions

Other Findings in this Audit

  • 31070 2022-002
    Material Weakness Repeat
  • 31071 2022-004
    Material Weakness Repeat
  • 31072 2022-003
    Material Weakness
  • 31073 2022-002
    Material Weakness Repeat
  • 31074 2022-003
    Material Weakness
  • 31075 2022-004
    Material Weakness Repeat
  • 31076 2022-002
    Material Weakness Repeat
  • 31077 2022-003
    Material Weakness
  • 31078 2022-004
    Material Weakness Repeat
  • 31079 2022-002
    Material Weakness Repeat
  • 31080 2022-004
    Material Weakness Repeat
  • 31081 2022-003
    Material Weakness
  • 31082 2022-003
    Material Weakness
  • 31083 2022-002
    Material Weakness Repeat
  • 31084 2022-004
    Material Weakness Repeat
  • 31085 2022-002
    Material Weakness Repeat
  • 31086 2022-003
    Material Weakness
  • 31087 2022-004
    Material Weakness Repeat
  • 31088 2022-005
    Material Weakness Repeat
  • 31089 2022-006
    Material Weakness
  • 31090 2022-007
    Material Weakness Repeat
  • 31091 2022-008
    Material Weakness Repeat
  • 31092 2022-005
    Material Weakness Repeat
  • 31093 2022-006
    Material Weakness
  • 31094 2022-007
    Material Weakness Repeat
  • 31095 2022-008
    Material Weakness Repeat
  • 31096 2022-009
    Material Weakness
  • 31097 2022-010
    Material Weakness
  • 31098 2022-011
    Material Weakness
  • 31099 2022-009
    Material Weakness
  • 31100 2022-011
    Material Weakness
  • 31101 2022-010
    Material Weakness
  • 31102 2022-009
    Material Weakness
  • 31103 2022-010
    Material Weakness
  • 31104 2022-009
    Material Weakness
  • 31105 2022-010
    Material Weakness
  • 31106 2022-010
    Material Weakness
  • 31107 2022-009
    Material Weakness
  • 34688 2022-009
    Material Weakness
  • 34689 2022-010
    Material Weakness
  • 34690 2022-009
    Material Weakness
  • 34691 2022-010
    Material Weakness
  • 607512 2022-002
    Material Weakness Repeat
  • 607513 2022-004
    Material Weakness Repeat
  • 607514 2022-003
    Material Weakness
  • 607515 2022-002
    Material Weakness Repeat
  • 607516 2022-003
    Material Weakness
  • 607517 2022-004
    Material Weakness Repeat
  • 607518 2022-002
    Material Weakness Repeat
  • 607519 2022-003
    Material Weakness
  • 607520 2022-004
    Material Weakness Repeat
  • 607521 2022-002
    Material Weakness Repeat
  • 607522 2022-004
    Material Weakness Repeat
  • 607523 2022-003
    Material Weakness
  • 607524 2022-003
    Material Weakness
  • 607525 2022-002
    Material Weakness Repeat
  • 607526 2022-004
    Material Weakness Repeat
  • 607527 2022-002
    Material Weakness Repeat
  • 607528 2022-003
    Material Weakness
  • 607529 2022-004
    Material Weakness Repeat
  • 607530 2022-005
    Material Weakness Repeat
  • 607531 2022-006
    Material Weakness
  • 607532 2022-007
    Material Weakness Repeat
  • 607533 2022-008
    Material Weakness Repeat
  • 607534 2022-005
    Material Weakness Repeat
  • 607535 2022-006
    Material Weakness
  • 607536 2022-007
    Material Weakness Repeat
  • 607537 2022-008
    Material Weakness Repeat
  • 607539 2022-010
    Material Weakness
  • 607540 2022-011
    Material Weakness
  • 607541 2022-009
    Material Weakness
  • 607542 2022-011
    Material Weakness
  • 607543 2022-010
    Material Weakness
  • 607544 2022-009
    Material Weakness
  • 607545 2022-010
    Material Weakness
  • 607546 2022-009
    Material Weakness
  • 607547 2022-010
    Material Weakness
  • 607548 2022-010
    Material Weakness
  • 607549 2022-009
    Material Weakness
  • 611130 2022-009
    Material Weakness
  • 611131 2022-010
    Material Weakness
  • 611132 2022-009
    Material Weakness
  • 611133 2022-010
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies Fy22 $10.42M
84.010 Title I Grants to Local Educational Agencies Fy21 $8.24M
10.555 National School Lunch Program Fy22 $2.11M
84.027 Special Education_grants to States Fy21 $1.70M
10.553 School Breakfast Program Fy22 $749,089
10.559 Summer Food Service Program for Children Fy21 $619,578
10.559 Summer Food Service Program for Children Fy22 $588,166
84.425 Education Stabilization Fund Fy22 $356,835
10.555 National School Lunch Program Fy21 $326,086
84.048 Career and Technical Education -- Basic Grants to States Fy22 $261,473
84.048 Career and Technical Education -- Basic Grants to States Fy21 $168,962
84.173 Special Education_preschool Grants Fy21 $117,197
84.027 Special Education_grants to States Fy22 $81,313
93.778 Medical Assistance Program Fy22 $78,444
84.173 Special Education_preschool Grants Fy22 $70,071
12.000 Officer Training Corps (jrotc) Fy22 $58,966
12.000 Officer Training Corps (jrotc) Fy21 $56,951
84.196 Education for Homeless Children and Youth Fy22 $49,310
10.558 Child and Adult Care Food Program Fy 22 $41,677
93.778 Medical Assistance Program Fy21 $38,114
84.196 Education for Homeless Children and Youth Fy21 $17,179
84.425 Education Stabilization Fund Fy21 $9,774
10.649 Pandemic Ebt Administrative Costs Fy22 $5,814
84.426 Randolph-Sheppard Financial Relief and Restoration Payments Fy22 $3,937