Finding 961680 (2023-003)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-03-27

AI Summary

  • Core Issue: The School Corporation failed to implement effective internal controls, leading to noncompliance with wage rate requirements for federally funded construction contracts.
  • Impacted Requirements: Contracts over $2,000 must include prevailing wage clauses and require weekly certified payroll submissions, as mandated by federal regulations.
  • Recommended Follow-Up: Establish a robust internal control system to ensure compliance with wage rate requirements and regularly review contracts for necessary clauses and documentation.

Finding Text

FINDING 2023-003 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: 84.425D, 84.425U Federal Award Numbers and Years (or Other Identifying Numbers): 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 The School Corporation had not properly designed or implemented a system of internal controls that would likely be effective in preventing, or detecting and correcting, noncompliance. 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. A contract in the amount of $5,438,474 was awarded for facility and HVAC improvement projects for one of the School Corporation's elementary schools. The contract was partially funded with the COVID-19 - Education Stabilization Fund; however, the contract did not contain the required prevailing wage rate clause. Additionally, the required certified payrolls were not obtained by the School Corporation or presented for audit. The lack of internal controls and noncompliance were isolated to the vendor and the renovation project noted above. 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). . . ." INDIANA STATE BOARD OF ACCOUNTS 21 NORTH PUTNAM COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) 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) (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 nonFederal 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. . . ." INDIANA STATE BOARD OF ACCOUNTS 22 NORTH PUTNAM COMMUNITY SCHOOL CORPORATION SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) Cause A proper system of internal controls was not designed by management of the School Corporation, which would include segregation of key functions. Embedded within a properly designed and implemented internal control system should be internal controls consisting of policies and procedures. Policies reflect the School Corporation's management statements of what should be done to effect internal controls, and procedures should consist of actions that would implement these policies. Effect Without the proper implementation of an effectively designed system of internal controls, the internal control system cannot be capable of effectively preventing, or detecting and correcting, material noncompliance. As a result, construction contracts entered into did not contain the required wage rate requirements clauses, nor were all certified payrolls obtained by the School Corporation. Noncompliance with the grant agreement and the compliance requirement could result in the loss of future federal funds to the School Corporation. Questioned Costs There were no questioned costs identified. Recommendation We recommended that the School Corporation's management establish a system of internal controls and include the wage rate requirement clause in construction contracts. In addition, certified payrolls should be obtained as required for all contracts. 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

  • 385228 2023-002
    Material Weakness
  • 385229 2023-002
    Material Weakness
  • 385230 2023-002
    Material Weakness
  • 385231 2023-002
    Material Weakness
  • 385232 2023-002
    Material Weakness
  • 385233 2023-002
    Material Weakness
  • 385234 2023-003
    Material Weakness
  • 385235 2023-003
    Material Weakness
  • 385236 2023-003
    Material Weakness
  • 385237 2023-003
    Material Weakness
  • 385238 2023-003
    Material Weakness
  • 385239 2023-003
    Material Weakness
  • 961670 2023-002
    Material Weakness
  • 961671 2023-002
    Material Weakness
  • 961672 2023-002
    Material Weakness
  • 961673 2023-002
    Material Weakness
  • 961674 2023-002
    Material Weakness
  • 961675 2023-002
    Material Weakness
  • 961676 2023-003
    Material Weakness
  • 961677 2023-003
    Material Weakness
  • 961678 2023-003
    Material Weakness
  • 961679 2023-003
    Material Weakness
  • 961681 2023-003
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
10.555 National School Lunch Program 2022 $696,728
84.425 Education Stabilization Fund 2022 $517,343
10.555 National School Lunch Program 2023 $465,242
84.010 Title I Grants to Local Educational Agencies 2022 $218,829
84.010 Title I Grants to Local Educational Agencies 2023 $184,216
10.553 School Breakfast Program 2022 $130,587
10.553 School Breakfast Program 2023 $119,131
93.778 Medical Assistance Program 2023 $53,557
84.367 Improving Teacher Quality State Grants 2022 $47,026
93.778 Medical Assistance Program 2022 $36,012
84.367 Improving Teacher Quality State Grants 2023 $31,953
84.424 Student Support and Academic Enrichment Program 2022 $22,783
84.173 Special Education_preschool Grants 2022 $15,701
84.424 Student Support and Academic Enrichment Program 2023 $13,906
97.036 Disaster Grants - Public Assistance (presidentially Declared Disasters) 2022 $13,619
84.173 Special Education_preschool Grants 2023 $5,293
84.027 Special Education_grants to States 2022 $5,083
84.027 Special Education_grants to States 2023 $4,593
10.559 Summer Food Service Program for Children 2022 $3,075
10.649 Pandemic Ebt Administrative Costs 2023 $628
10.649 Pandemic Ebt Administrative Costs 2022 $614
84.425 Education Stabilization Fund 2023 $485