Grant County Port District No. 9Local Government

2023-001 The Port did not have adequate internal controls for ensuring compliance with federal wage rate requirements. Assistance Listing Number and Title: 20.106, Airport Improvement Program, COVID-19 Airports Programs, and Infrastructure Investment and Jobs Act Programs Federal Grantor Name: Federal Aviation Administration Federal Award/Contract Number: 3-53-0027-023-2022; 3-53-0027-024-2022; 3-53-0027-025-2022 Pass-through Entity Name: N/A Pass-through Award/Contract Number: N/A Known Questioned Cost Amount: $0 Prior Year Audit Finding: Yes, Finding 2023-001 Background The Federal Aviation Administration offers grant funding through the Airport Improvement Program for planning, constructing, improving or repairing public-use airport facilities. In fiscal year 2023, the Port spent $1,344,960 in program funds for various improvements and repairs to its runways and other facilities. Federal regulations require recipients of federal grant funds 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 construction contracts 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 Port 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 contractor and their subcontractor to submit to the Port 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. The Port may use a contracted project manager or engineer to collect certified payroll reports from contractors and subcontractors, but ultimately, it is the Port’s responsibility to comply with these requirements and maintain documentation demonstrating compliance. Description of Condition During fiscal year 2023, the Port spent $1,322,405 to pay a contractor and their subcontractors for various improvements and repairs to the Port’s runaway and other facilities. The Port contracted with an engineer to supervise the project, which included collecting weekly certified payroll reports from the contractor and subcontractors. Our audit found the Port did not have adequate internal controls to collect, or ensure its contracted engineer collected, weekly certified payroll reports from the contractor and their subcontractors to confirm they paid laborers proper prevailing wages. We consider this deficiency in internal controls to be a material weakness that led to material noncompliance. Cause of Condition Port staff relied on the contracted engineer to collect weekly certified payrolls and did not fully understand the requirements for monitoring the contracted engineer and collecting weekly certified payrolls. Port staff said that after the prior audit finding was issued in October 2023, they reviewed the last batch of the certified weekly payrolls on the Washington State Department of Labor and Industries (L&I) website. However, the Port was unable to provide evidence of the review and did not obtain the certified weekly payrolls from the L&I website at that time. Also, submitting the certified weekly payroll to the L&I website may be sufficient for state requirements but does not meet federal requirements. Additionally, the Port experienced turnover in the position responsible for monitoring the engineer. Effect of Condition In 2023, the Port did not collect all eight weekly certified payroll reports for this project. Without adequate internal controls to ensure it collects all weekly certified payroll reports, the Port cannot demonstrate it complied with federal wage rate requirements. The Port could also be liable for paying any additional wages if the contractor and subcontractors did not pay prevailing wage rates to laborers working on the contracts. Recommendation We recommend the Port develop internal controls to ensure compliance with federal wage rate requirements. This should include implementing effective monitoring processes to collect and review all weekly certified payroll reports timely from contractors and subcontractors. Port’s Response The Port welcomes this report as it will take the lessons learned from this finding to strengthen its compliance procedures and shore up internal controls. Updated policies and procedures are being implemented to ensure a high degree of monitoring and recordkeeping that will develop the safety net necessary to prevent a re-occurrence. The Port takes a lot of pride in the quality of its staff, the high level of its achievements, and its record of compliance in the many years of operation. Rest assured, the Port will not allow an incident like this to ever occur again. Auditor’s Remarks We appreciate the Port’s commitment to resolving the issues noted and will follow up during the 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).

2022-001 The Port did not have adequate internal controls for ensuring compliance with federal wage rate requirements. Assistance Listing Number and Title: 20.106, Airport Improvement Program, COVID-19 Airports Programs, and Infrastructure Investment and Jobs Act Programs Federal Grantor Name: Federal Aviation Administration Federal Award/Contract Number: 3-53-0027-020-2021; 3-53-0027-025-2022 Pass-through Entity Name: N/A Pass-through Award/Contract Number: N/A Known Questioned Cost Amount: $0 Prior Year Audit Finding: N/A Background The Federal Aviation Administration offers grant funding through the Airport Improvement Program for the purposes of planning, constructing, improving, or repairing public-use airport facilities. In fiscal year 2022, the Port spent $884,703 in program funds for various improvements and repairs to its runways and other facilities. Federal regulations require recipients of federal grant funds to establish and follow internal controls that ensure compliance with program requirements. These controls include understanding grant 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 construction contracts financed with more than $2,000 of federal money 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 Port 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 contractor and its subcontractor to submit to the Port 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. The Port may use a contracted project manager or engineer to collect certified payroll reports from contractors and subcontractors, but the Port remains responsible for complying with these requirements and maintaining documentation demonstrating compliance. Description of Condition During fiscal year 2022, the Port spent $682,427 to pay a contractor and its subcontractors for various improvements and repairs to its runaway and other facilities. The Port contracted with an engineer to supervise the project, which included collecting weekly certified payroll reports from the contractor and subcontractors. Our audit found the Port did not have adequate internal controls to collect, or ensure its contracted engineer collected, weekly certified payroll reports from the contractor and its subcontractors to confirm they paid laborers proper prevailing wages. While the contracted engineer had a process for collecting the weekly certified payroll reports, it was ineffective for verifying that all reports were collected and reviewed before requesting the Port to pay the contractor. We consider this deficiency in internal controls to be a material weakness, which led to material noncompliance. Cause of Condition Port staff relied on the contracted engineer for the timely collection of certified payroll reports. Port employees said they did not know they needed to monitor throughout the audit period to ensure the contracted project engineer collected all weekly certified payroll reports timely or before paying the contractor. Additionally, the Port experienced turnover in the position responsible for monitoring the engineer. Effect of Condition In 2022, the Port was required to collect a total of 12 weekly certified payroll reports for this project. However, seven were either not collected timely or the Port and engineer could not demonstrate when they were collected. Without adequate internal controls that ensure it collects all weekly certified payroll reports timely, the Port cannot demonstrate it complied with federal wage rate requirements. The Port could also be liable for paying any additional wages if the contractor and subcontractors did not pay prevailing wage rates to laborers working on the contracts. Recommendation We recommend the Port develop internal controls to ensure compliance with federal wage rate requirements. This should include implementing effective monitoring processes to collect and review all weekly certified payroll reports timely from contractors and subcontractors. Port’s Response The Port welcomes this report as it will take the lessons learned from this finding to strengthen its compliance procedures and shore up internal controls. Updated policies and procedures are being implemented to ensure a high degree of monitoring and recordkeeping that will develop the safety net necessary to prevent a re-occurrence. The Port takes a lot of pride in the quality of its staff, the high level of its achievements, and its record of compliance in the many years of operation. Rest assured; the Port will not allow an incident like this to ever occur again. Auditor’s Remarks We appreciate the Port’s commitment to resolving the issue noted, and will follow up during the 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).