Finding 974850 (2023-001)

Material Weakness Repeat Finding
Requirement
N
Questioned Costs
-
Year
2023
Accepted
2024-05-23

AI Summary

  • Core Issue: The District lacked adequate internal controls to ensure compliance with federal wage rate requirements for a $2 million pool modernization project.
  • Impacted Requirements: Federal regulations mandate that contracts include wage rate provisions and require certified payroll reports from contractors.
  • Recommended Follow-Up: Strengthen internal controls by including wage rate clauses in contracts and providing training to staff on federal compliance requirements.

Finding Text

2023-001       The District did not have adequate internal controls for ensuring compliance with federal wage rate requirements. Assistance Listing Number and Title: 84.425, COVID-19 Education Stabilization Fund Federal Grantor Name: U.S. Department of Education Federal Award/Contract Number: N/A Pass-through Entity Name: Office of Superintendent of Public Instruction Pass-through Award/Contract Number: 84.425D, 84.425W0459610, 84.425W459033, 84.425U0142370, 84.425142365, 84.425U140671, 84.425D143122, 84.425D142219, 84.425D120528, 84.425U138219 Known Questioned Cost Amount: $0 Prior Year Audit Finding: Yes, Finding 2022-001 Background The objectives of the Education Stabilization Fund (ESF) program are to prevent, prepare for and respond to the COVID-19 pandemic. In the fiscal year 2023, the District spent a total of $7,324,263 of its ESF awards. This included $648,853 in the Elementary and Secondary School Emergency Relief Fund (ESSERII) subprogram (84.425D), $6,673,249 in the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER/ESSER III) subprogram (84.425U) and $2,161 in the American Rescue Plan Elementary and Secondary School Emergency Relief – Homeless Children and Youth (ARP-HCY) subprogram (84.425W). The District spent $2,000,000 in program funds for various improvements and repairs as part of its pool modernization project. Federal regulations require recipients to establish and maintain internal controls that ensure compliance with program requirements. These controls include understanding program requirements and monitoring the effectiveness of established controls. Under federal wage rate requirements, also known as the Davis-Bacon Act, contractors and subcontractors that work on projects financed with more than $2,000 of federal funds must pay laborers and mechanics wage rates that the U.S. Department of Labor considers being similar to what local workers have been paid for similar projects. For construction contracts subject to these wage rate requirements, the District must include a provision that the contractors and subcontractors comply with those requirements and the Department of Labor’s regulations. This includes a requirement for the contractors and its subcontractors to submit to the District weekly, for each week in which any contract work is performed, certified payroll reports. These reports must include a copy of the payroll and a signed statement of compliance.  Description of Condition During the 2023 school year, the District spent $2,000,000 for payments to one contractor for the pool modernization project to update air conditioning (HVAC) system controls and repair the roof at the South Kitsap High School pool. Our audit found the District did not have adequate internal controls for ensuring compliance with federal wage rate requirements. Specifically, the District did not include the required federal wage rate provisions in the contract. We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition The District does not normally use federal funds on public works projects. Additionally, the District did not initially plan to use federal funding for this project when it began planning the project, but did when it awarded the general contractor contract. While District officials knew about state wage requirements, they were not aware of the federal regulations. Therefore, the District focused on the state requirements. Effect of Condition Without adequate internal controls to ensure it includes the wage rate clauses in its contracts, the District cannot demonstrate it complied with federal wage rate requirements. Additionally, because the District did not notify the contractor that the project was federally funded, the contractor submitted state certified payroll reports instead of federal certified payroll reports. The District could also be liable for paying any additional wages if the contractor and subcontractor did not pay prevailing wage rates to laborers working on the contract. Recommendation We recommend the District strengthen internal controls to ensure compliance with federal wage rate requirements. This should include inserting wage rate clauses into contracts and obtaining the federal certified payroll reports. Additionally, we recommend the District provide additional training to ensure staff overseeing compliance with federal programs are aware of all applicable requirements. District’s Response The District understands the finding and appreciates the Auditor bringing this to our attention. The District complied with the federal wage requirements but did not note this in the contract as required. We have reviewed the guidance provided by the Auditor, understand the requirement and have put procedures in place to ensure compliance in the future. Auditor’s Remarks We thank the District for its cooperation and the steps it is taking to address these concerns. We will review the status of the District’s corrective action during our next audit. Applicable Laws and Regulations Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), section 516, Audit findings, establishes reporting requirements for audit findings. Title 2 CFR Part 200, Uniform Guidance, section 303, Internal controls, describes the requirements for auditees to maintain internal controls over federal programs and comply with federal program requirements. The American Institute of Certified Public Accountants defines significant deficiencies and material weaknesses in its Codification of Statements on Auditing Standards, section 935, Compliance Audits, paragraph 11. Title 29 CFR, Section 3.3 – Weekly statement with respect to payment of wages, and Section 3.4 – Submission of weekly statements and the preservation and inspection of weekly payroll records, establishes requirements for contractor or subcontractor submission of weekly certified payroll reports. Title 29 CFR, Section 5.5 – Contract provisions and related matters establishes the requirements for 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 with federal funds the clauses listed, which includes but is not limited to the minimum wages to be paid and payrolls and basic records to be maintained (submission of weekly certified payrolls).

Categories

Subrecipient Monitoring Internal Control / Segregation of Duties Special Tests & Provisions Allowable Costs / Cost Principles Material Weakness Reporting

Other Findings in this Audit

  • 398402 2023-001
    Material Weakness Repeat
  • 398403 2023-001
    Material Weakness Repeat
  • 398404 2023-001
    Material Weakness Repeat
  • 398405 2023-001
    Material Weakness Repeat
  • 398406 2023-001
    Material Weakness Repeat
  • 398407 2023-001
    Material Weakness Repeat
  • 398408 2023-001
    Material Weakness Repeat
  • 398409 2023-001
    Material Weakness Repeat
  • 398410 2023-001
    Material Weakness Repeat
  • 398411 2023-001
    Material Weakness Repeat
  • 398412 2023-001
    Material Weakness Repeat
  • 974844 2023-001
    Material Weakness Repeat
  • 974845 2023-001
    Material Weakness Repeat
  • 974846 2023-001
    Material Weakness Repeat
  • 974847 2023-001
    Material Weakness Repeat
  • 974848 2023-001
    Material Weakness Repeat
  • 974849 2023-001
    Material Weakness Repeat
  • 974851 2023-001
    Material Weakness Repeat
  • 974852 2023-001
    Material Weakness Repeat
  • 974853 2023-001
    Material Weakness Repeat
  • 974854 2023-001
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 Covid-19 - Education Stabilization Fund $6.57M
84.027 Special Education_grants to States $2.22M
84.010 Title I Grants to Local Educational Agencies $2.03M
10.553 School Breakfast Program $416,562
84.367 Supporting Effective Instruction State Grants (formerly Improving Teacher Quality State Grants) $318,406
84.041 Impact Aid $299,140
10.555 National School Lunch Program $288,473
84.215 Innovative Approaches to Literacy; Promise Neighborhoods; Full-Service Community Schools; and Congressionally Directed Spending for Elementary and Secondary Education Community Projects $248,087
17.259 Wioa Youth Activities $177,536
93.778 Medical Assistance Program $92,497
84.048 Career and Technical Education -- Basic Grants to States $71,710
84.424 Student Support and Academic Enrichment Program $61,038
84.173 Special Education_preschool Grants $52,078
84.060 Indian Education_grants to Local Educational Agencies $43,940
84.365 English Language Acquisition State Grants $31,690
43.001 Science $28,034
10.559 Summer Food Service Program for Children $26,214
93.600 Head Start $21,167
12.U01 Naval JR Reserve Officers Training CORP $16,769
47.050 Geosciences $15,408