Finding 961913 (2023-002)

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

AI Summary

  • Core Issue: Construction projects lacked certified payrolls to prove compliance with wage rate requirements.
  • Impacted Requirements: Nonfederal entities must collect certified payrolls weekly as per 29 CFR Part 5, related to federally funded construction.
  • Recommended Follow-Up: Ensure certified payrolls are obtained for all federally funded construction projects and update contracts to meet federal procurement guidelines.

Finding Text

Condition: Construction projects did not obtain certified payrolls documenting compliance with wage rate requirements. Criteria: 29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted construction requires that nonfederal entities shall include in their construction contracts subject to the Wage Rate Requirements (Which still may be referenced as Davis-Bacon Act). Which includes a requirement for the contractor or subcontractor to submit to the nonfederal entity weekly, for each which in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls). Cause: The District had a letter from the contractor certifying compliance with Davis-Bacon Act but were unaware of need to obtain certified payrolls. Effect: The expenditures may be disallowed. Context: Unable to determine labor costs included in applications for payment from the contractor. Repeat Finding from Prior Year: No Recommendation Obtain certified payrolls for construction projects funded with federal awards. Determine that contracts for construction using federal funds include the appropriate clauses to be in compliance with federal procurement guidelines. Views of Responsible Officials And Planned Corrective Action: Lawton Public Schools obtained contractor certification of Davis-Bacon Act compliance, but did not obtain certified payrolls. The district identified this issue early in FY23 and immediately changed practices and procedures regarding federal funds and Davis-Bacon Act compliance. These changes did not take effect in time to avoid the Impact Aid expenses. Procurement guidelines for construction projects funded by federal awards have been updated to include the appropriate clauses to comply with federal procurement guidelines. This expenditure occurred in FY23 but prior to the FY22 Audit completion.

Categories

Procurement, Suspension & Debarment Matching / Level of Effort / Earmarking Special Tests & Provisions

Other Findings in this Audit

  • 385471 2023-002
    Material Weakness
  • 385472 2023-003
    Material Weakness
  • 385473 2023-004
    Material Weakness Repeat
  • 961914 2023-003
    Material Weakness
  • 961915 2023-004
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $7.94M
84.041 Impact Aid $5.99M
10.553 School Breakfast Program $1.84M
93.323 Epidemiology and Laboratory Capacity for Infectious Diseases (elc) $650,000
10.555 National School Lunch Program $500,206
32.009 Emergency Connectivity Fund Program $303,200
84.060 Indian Education_grants to Local Educational Agencies $265,812
93.243 Substance Abuse and Mental Health Services_projects of Regional and National Significance $185,659
84.048 Career and Technical Education -- Basic Grants to States $105,185
84.126 Rehabilitation Services_vocational Rehabilitation Grants to States $101,631
10.579 Child Nutrition Discretionary Grants Limited Availability $80,578
84.173 Special Education_preschool Grants $75,108
84.196 Education for Homeless Children and Youth $65,656
84.365 English Language Acquisition State Grants $48,109
84.425 Education Stabilization Fund $47,766
15.130 Indian Education_assistance to Schools $39,086
93.778 Medical Assistance Program $15,848
10.559 Summer Food Service Program for Children $12,881
10.649 Pandemic Ebt Administrative Costs $5,950
84.027 Special Education_grants to States $1,475