Finding 971062 (2023-004)

Material Weakness
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-04-25

AI Summary

  • Core Issue: The District lacks a control structure to collect and verify certified payrolls for construction projects funded by federal assistance, risking compliance with prevailing wage laws.
  • Impacted Requirements: Failure to ensure adherence to federal wage rate requirements and proper documentation as mandated by the Department of Labor.
  • Recommended Follow-Up: Appoint a District employee or hire an engineer to oversee the collection and review of certified payrolls to ensure compliance with federal and contractual obligations.

Finding Text

Criteria or specific requirement (including statutory, regulatory, or other citation) N. Special Tests and Provisions - All laborers and mechanics employed by contractors or subcontractors to work on construction contracts in excess of $2,000 financed by federal assistance funds must be paid wages not less than those established for the locality of the project (prevailing wage rates) by the Department of Labor. Nonfederal entities shall include in their construction contracts subject to Wage Rate Requirements a provision that the contractor or subcontractor comply with those requirements and the Department of Labor regulations (29 CFR Part 5). This should include a requirement for the contractor or subcontractor to submit to the nonfederal entity weekly, a copy of the payroll and a statement of compliance (certified payrolls) for each week in which contract work is performed. Condition For the 6 projects paid with ESSER funds that were reviewed, certified payrolls appeared to be provided directly from the vendor upon being requested by the auditor. As a result, there did not appear to be a control structure in place at the District for employees leading the project to gather the certified payrolls and ensure compliance with the requirements noted above. Additionally, one of the projects reviewed did not have certified payrolls provided for it and instead, the District provided certified payrolls for another project outside of the timeframe of the audit that did not appear to be related. Questioned Costs N/A Contex Although contracts reviewed had prevailing wage clauses included, the District was unable to demonstrate that District personnel were ensuring that the clauses were adhered to. Effect Failure to review certified payrolls for the weeks that contractual work was performed puts the District at risk of not being able to ensure that prevailing wages are being paid and the qualified, skilled employees are working on the District's projects. Cause Failure to implement a control structure where certified payroll information is obtained and maintained to ensure compliance with contractual clauses required by the U.S. Department of Labor has taken place. Recommendation The District should review grant compliance requirements related to the use of federal funds for construction projects to ensure that the District and its vendors are in compliance with contractual requirements. Such an action would be to appoint a District employee or hire an engineer to collect and review certified payrolls to ensure contractual compliance.

Categories

Special Tests & Provisions Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 394620 2023-004
    Material Weakness

Programs in Audit

ALN Program Name Expenditures
84.010 Title I Grants to Local Educational Agencies $2.47M
84.425 Education Stabilization Fund $2.12M
84.287 Twenty-First Century Community Learning Centers $438,510
84.367 Improving Teacher Quality State Grants $222,051
93.778 Medical Assistance Program $211,854
84.424 Student Support and Academic Enrichment Program $144,336
10.553 School Breakfast Program $142,427
84.048 Career and Technical Education -- Basic Grants to States $138,053
84.027 Special Education_grants to States $118,147
84.365 English Language Acquisition State Grants $50,447
10.555 National School Lunch Program $35,004
10.649 Pandemic Ebt Administrative Costs $3,135