Workforce Investment Act (WIA)-Indian and Native American Employment and Training Programs; Solicitation for Grant Applications (SGA)-Final Grantee Award Procedures for Program Years (PY) 2010 and 2011, 11926-11935 [2010-5371]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11926-11935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5371]


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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act (WIA)--Indian and Native American 
Employment and Training Programs; Solicitation for Grant Applications 
(SGA)--Final Grantee Award Procedures for Program Years (PY) 2010 and 
2011

    Announcement Type: New. Notice of Award Procedures for Grantees.
    Funding Opportunity Number: SGA-DFA-PY-09-04.
    Catalog of Federal Domestic Assistance Number (CFDA): 17.265.
    Key Dates: The deadline for Notice of Intent (NOI) Part A is April 
12, 2010. Applications must be received no later than 4 p.m. Eastern 
time. Address: Mailed applications must be addressed to the U.S. 
Department of Labor (DOL), Employment and Training Administration, 
Division of Federal Assistance, Attention: B. Jai Johnson, Grant 
Officer, Reference SGA/DFA PY-09-04, 200 Constitution Avenue, NW., Room 
N4716, Washington, DC 20210. For complete ``Application and submission 
information,'' please refer to Section IV.

I. Funding Opportunity Description

    Section 166 of the Workforce Investment Act (WIA) authorizes 
programs to serve the employment and training needs of Indian and 
Native American adults and youth through competitive two-year grant 
awards with Indian Tribes, Tribal organizations, Alaska Native 
entities, Indian-controlled organizations serving Indians, or Native 
Hawaiian organizations. See WIA Section 166, Public Law 105-220 as 
amended, codified at 29 U.S.C. 2911.
    This SGA contains the procedures by which DOL will select and 
designate grantees for PYs 2010 and 2011 (July 1, 2010 to June 30, 
2012) to operate Indian and Native American Employment and Training 
Programs under WIA Section 166 within specified ``service areas.'' 
Grantees' programs must be open to participation by any eligible 
applicant, cannot be restricted by Tribal affiliation, and must ensure 
equitable access to employment and training services within the service 
area. Requirements for these programs are set forth in WIA Section 166 
and the implementing regulations, 20 CFR parts 667 and 668, published 
at 65 FR 49294 and 49435 (August 11, 2000). The specific eligibility 
and application requirements for designation as a grantee are set forth 
at 20 CFR part 668, subpart B, which is attached to this SGA as Exhibit 
A (SF 424).
    Applying the statutory and regulatory requirements, DOL will select 
entities for WIA Section 166 funding for a two-year period. Designated 
grantees will be funded annually during the designation period, 
contingent upon compliance with all grant award requirements and the 
availability of Federal funds. DOL waived nation-wide competition for 
the WIA Section 166 program in PYs 2006 through 2009. DOL has decided 
that there will be no waivers of competition for PY 2010 and 2011.
    All applicants for designation as a WIA Section 166 grantee for PY 
2010 and PY 2011 must follow the directions for filing an NOI--Part A 
in accordance with Section IV-B herein if they wish to be considered 
for an award of WIA funds. The employment and training activities 
proposed in the applications for Indian, Alaska Native, and Native 
Hawaiian individuals must:
    (a) Develop the academic, occupational, and literacy skills of such 
individuals;
    (b) Make such individuals more competitive in the workforce; and
    (c) Promote the economic and social development of Indian, Alaska 
Native, and Native Hawaiian communities in accordance with the goals 
and values of such communities.
    Congress has also directed DOL to administer the WIA Section 166 
Program in a manner consistent with the principles of the Indian 
Determination Self-Determination and Education Assistance Act, 25 
U.S.C. 450, et seq., and the government-to-government relationship 
between the Federal Government and Indian Tribal governments (WIA 
Section 166(a) (2)).
    This SGA describes the information that all applicants must submit 
in order to be designated as a WIA Section 166 grantee. Before making a 
designation determination, the Grant Officer will conduct a 
``responsibility review,'' in accordance with 20 CFR 667.170 (a review 
of the applicant's available records to assess its overall ability to 
administer Federal funds), of all applicants, along with a review of 
the applicant's ability to administer funds, in accordance with 20 CFR 
668.220, and 668.230, to determine if applicants are capable of 
handling and accounting for Federal funds.
    Entities new to this process should be aware that being designated 
as a Section 166 grantee, according to this SGA, will not automatically 
result in a grant award. Entities that are designated as grantees must 
prepare and obtain DOL approval of a two-year Comprehensive Service 
Plan (CSP). The CSP must include a detailed strategic plan for eligible 
adult and youth participants. Instructions for preparation of the CSP 
will be issued to all designated service providers in accordance with 
20 CFR part 668, subpart G.
    After DOL approves a Section 166 designee's CSP, DOL and the 
grantee will execute a grant agreement that includes the certifications 
and assurances required under 20 CFR 668.292. The grant agreement will 
reflect the amount of Section 166 funds awarded in accordance with 20 
CFR 668.296 and 668.440. Upon approval of the required planning 
documents, the funds will be released to the grantee via a Notice of 
Obligation.

II. Award Information

A. Amount of Funds To Be Awarded

    Funds available under this notice will be awarded by grant. 
Approximately $53 million is available to fund the Comprehensive 
Service Program (Adult) and $14 million is available for the 
Supplemental (Youth) Services Program.

B. Type of Assistance Instrument

    As stated in Section I, DOL has not waived competition for any 
service areas for the PY 2010-2011 grant cycle. Therefore, challengers 
may compete with current grantees. The amount of WIA Section 166 funds 
to be awarded to each INA grantee will be determined under the 
procedures set forth at 20 CFR 668.296 for funds under the Adult 
program and 20 CFR 668.440 for youth-funded programs. DOL will 
determine award amounts after grantees have been designated.

[[Page 11927]]

C. Anticipated Number of Awards

    Approximately 179 grantees may be designated under this SGA.

D. Expected Amounts of Individual Awards

    Funds will be distributed nationwide on the basis of the geographic 
service areas awarded. Awards under the CSP (Adult) are anticipated to 
range from approximately $16,000 to approximately $5.8 million. Awards 
for the Supplemental Youth Services Program (Youth) are anticipated to 
range from approximately $1,073 to $3.1 million. Final award amounts in 
each category will depend on census data and the final PY 2010 
appropriation levels.

E. Average Amount of Funding per Award

    For PY 2009, the average Adult program grant amount was $296,764, 
and the average Supplemental Youth Services grant amount was $102,170. 
We expect that average funding for the PY 2010 awards will not differ 
significantly from these amounts.

F. Anticipated Start Dates and Periods of Performance for New Award

    Grantees will be expected to commence operations of the 
Supplemental Youth Service Program on April 1, 2010, and the Adult 
program on July 1, 2010. The performance period for all grantees will 
be from July 1, 2010 to June 30, 2012.

III. Eligibility Information

A. Definitions Used To Identify Eligible Applicants

    DOL will use the following definitions and special designation 
situations in determining eligibility and designating Section 166 
service providers:
1. Native American, Native Hawaiian, or Native Alaskan-Controlled 
Organization
    A Native American, Native Hawaiian, or Native Alaskan-controlled 
organization is defined as any organization with a governing body where 
more than 50 percent of the governing board members are Native 
Americans, Indians, Native Hawaiians, or Native Alaskans. Such an 
organization can be a Tribal government, Native Alaska entity, Native 
Hawaiian entity, consortium, or public or private nonprofit agency. For 
the purpose of this SGA, the governing board must have decision-making 
authority for the WIA Section 166 program.
2. Consortium
    A consortium or its members must meet the requirements of 20 CFR 
668.200(a), as follows: (1) Have a legal status as a government or as 
an agency of a government, or a private nonprofit corporation; (2) have 
the ability to administer INA program funds; (3) meet the fundings (See 
Section III B (4) herein for description of fundings).
    Consortium members must also:
     Be in close proximity to one another, but they may operate 
in more than one State;
     Have an administrative unit legally authorized to run the 
program and to commit the other members to contracts, grants, and other 
legally binding agreements; and
     Be jointly and individually responsible for the actions 
and obligations of the consortium, including debts. See 20 CFR 
668.200(b).
3. Service Area
    Service Area is defined as the geographic area, described as 
States, counties, or reservations, or parts or combinations thereof, 
for which a Section 166 designation is made (Unlike prior years, a 
service area cannot be defined in terms of a specific population to be 
served.) The formal designation letter issued by the Grant Officer will 
notify the applicant about the geographic service area for which it has 
been designated. Grantees must ensure that all eligible population 
members within the geographic service area have equitable access to 
employment and training services. See 20 CFR 668.650(a).
4. Service Areas for Alaska Native Entities
    Through prior grant competitions, DOL has established geographic 
service areas for Alaska Native employment and training grantees based 
on the following: (a) The boundaries of the regions defined in the 
Alaska Native Claims Settlement Act; (b) the boundaries of major 
subregional areas where the primary provider of human resource 
development-related services is an Indian Reorganization Act (IRA)-
recognized Tribal council; and (c) the boundaries of the one Federal 
reservation in Alaska. These service areas may be modified as a result 
of the current grant competition. Within these established or revised 
geographic service areas, DOL will designate the primary Alaska Native-
controlled human resource development services provider or an entity 
formally selected by that provider. In the past, these entities have 
been regional nonprofit corporations, IRA-recognized Tribal councils, 
and the Tribal government of the Metlakatla Indian Community.
5. Service Areas for Oklahoma Indians
    Through prior grant competitions, DOL has established geographic 
service areas for Indian employment and training programs in Oklahoma, 
which have generally been county-wide areas. These service areas may be 
modified as a result of the current grant competition. In cases in 
which a significant portion of the land area of an individual county 
lies within the traditional jurisdiction(s) of more than one Tribal 
government, the service area has been subdivided on the basis of Tribal 
identification information contained in the most recent Federal 
Decennial Census of Population. Wherever possible, DOL will honor 
arrangements mutually satisfactory to grantees in adjoining or 
overlapping geographic service areas. Where such mutually satisfactory 
arrangements cannot be made, DOL will designate and assign service 
areas to Native American grantees in a manner that is consistent with 
WIA and that will preserve continuity of services and prevent undue 
fragmentation of the programs.

B. Eligible Applicants

    1. To be eligible for designation as a Section 166 grantee in a 
geographic service area, an entity must meet all eligibility 
requirements of WIA Section 166 and 20 CFR 668.200, as well as the 
application and designation requirements found at 20 CFR part 668, 
subpart B (see Exhibit A attached).
    2. Applicants are expected to review and must comply with the 
statute and regulations. Eligible entities must have a legal status as 
a government, an agency of a government, a private nonprofit 
corporation (i.e., incorporated under IRS Section 501(c)(3) or 
501(c)(4) (except for Section 501(c)(4) organizations that engage in 
lobbying, as discussed in Section VI.B.1 herein), or a consortium that 
satisfies the requirements of 20 CFR 668.200(a), (b), and (c)(6)).
    3. Organizations that are potentially eligible to apply for WIA 
Section 166 funds under this solicitation are:
     Federally recognized Indian Tribes;
     Tribal organizations as defined in 25 U.S.C. 450b;
     Alaskan Native-controlled organizations representing 
regional or village areas, as defined in the Alaska Native Claims 
Settlement Act;
     Native Hawaiian-controlled entities;
     Native American-controlled organizations serving Indians 
(see definition of Native American-controlled organizations below);

[[Page 11928]]

     State-recognized Tribal organizations serving individuals 
who were eligible to participate under Section 401 of the Job Training 
Partnership Act as of August 6, 1998;
     Consortia of eligible entities which individually meet the 
criteria for eligibility to apply for a grant (see definition of a 
consortium above). See WIA Sections 166(b)(1), (c)(1), and (d)(2)(B); 
20 CFR 668.200.
    Community and faith-based organizations are eligible to apply for 
Section 166 grants in accordance with WIA Section 166(c) and 20 CFR 
668.200(c) and (d) if they are Native American, Alaska Native, or 
Native Hawaiian-controlled.
    4. Fundings: Requested geographic service areas must comply with 
the funding limitations based on the formula funding level associated 
with their population size. See 20 CFR 668.200(a)(3), 668.296(b), and 
668.440(a). Applicants seeking to provide services in a geographic 
service area for the first time must request one or more geographic 
service areas in competition that contain an eligible population of 
sufficient size to result in a funding level of at least $100,000 under 
the combined adult and youth funding formulas. See Section 
668.200(a)(3). Current Section 166 grantees that do not meet the 
$100,000 are exempt from this requirement. Federally-recognized Tribes 
currently receiving, or applying for WIA Section 166 funds under Public 
Law 102-477 only need to meet a $20,000 funding level, as long as the 
combined funding under Public Law 102-477 is at least $100,000.

C. Other Eligibility Criteria

1. Additional Key Requirements
    Additional key requirements include the following: Applicants must 
be determined to be capable of handling and accounting for Federal 
grant money. See 20 CFR 667.170 668.200(a)(2), 668.220, and 668.230.
2. Priorities
    The regulations establish priorities for designation among eligible 
entities. A Federally recognized Indian Tribe, band, or group on its 
reservation (including former reservation areas in Oklahoma), and 
Alaska Native entities defined in the Alaska Native Claims Settlement 
Act (ANCSA) (or consortia that include a Tribe or an ANCSA entity) will 
receive priority over any other organization for designation as the 
service provider for the geographic area over which the entity has 
legal jurisdiction, provided that the entity has the capability to 
administer the program and also meets all eligibility and regulatory 
requirements. See 20 CFR 668.210(a). If the Grant Officer decides not 
to designate Indian Tribes or Alaska Native entities to serve their 
service areas, the Grant Officer will enter into arrangements to 
provide services with entities which the Tribes or Alaska Native 
entities involved approve. See 20 CFR 668.210(b). In geographic areas 
not served by Indian Tribes or Alaska Native entities, entities with a 
Native American-controlled governing body and which are representative 
of the Native American Community or communities involved will have 
priority for designation. See 20 CFR 668.210(c).

D. Cost Sharing or Matching

    The WIA Section 166 program does not require grantees to share 
costs or provide matching funds.

E. Debarred, Suspended, Convicted, Defaulting Entities

    In accordance with 29 CFR part 98, entities that are debarred or 
suspended are excluded from Federal financial assistance and are 
ineligible to receive a WIA Section 166 grant. Additionally, entities 
that have been convicted of a violation of 18 U.S.C. 665 and/or 666, or 
that are in default of any debt repayment agreement signed with DOL or 
any Federal agency, are ineligible to receive an award under this SGA.

F. Recipients of Services

    All recipients of adult and youth services under WIA Section 166 
must meet the eligibility requirements of 20 CFR 668.300 and 668.430, 
respectively.

G. Veterans Priority

    The Jobs for Veterans Act (Pub. L. 107-288) requires priority of 
service to veterans and spouses of certain veterans for the receipt of 
employment, training, and placement services in any job training 
program directly funded, in whole or in part, by DOL. The regulations 
implementing this priority of service can be found at 20 CFR part 1010. 
In circumstances where a grant recipient must choose between two 
qualified candidates for training, one of whom is a veteran or eligible 
spouse, the Veterans Priority of Service provisions require that the 
grant recipient give the veteran or eligible spouse priority of service 
by admitting him or her into the training program. To obtain priority 
of service a veteran or spouse must meet the program's eligibility 
requirements. Grantees must comply with DOL guidance on veterans' 
priority. Employment and Training Administration (ETA) Training and 
Employment Guidance Letter (TEGL) No. 10-09 (issued November 10, 2009) 
provides guidance on implementing priority of service for veterans and 
eligible spouses in all qualified job training programs funded in whole 
or in part by DOL. TEGL No. 10-09 is available at https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2816.

H. Allowable Activities

    Allowable activities are those listed in 20 CFR 668.340. See 20 CFR 
668.350 for restrictions on allowable activities. Additional 
requirements for providing youth services can be found at 20 CFR 
668.450.

I. Required Partner

    In those local workforce investment areas where an INA grantee 
conducts field operations or provides substantial services, the INA 
grantee is a required partner in the local One-Stop delivery system and 
is subject to the provisions relating to such partners in 20 CFR part 
662. The INA grantee and the Local Board which oversees the operation 
of the One-Stop Center(s) in a workforce investment area also must 
execute a Memorandum of Understanding (MOU). See 20 CFR 668.360.

IV. Application and Submission Information

A. Application Package

    This SGA, together with the attached excerpt of regulations (20 CFR 
part 668, subpart B), includes all information needed to apply for 
designation as a WIA Section 166 service provider.

B. Content and Form of Application Submission

    Every applicant for designation as a WIA Section 166 grantee for PY 
2010 and PY 2011 must submit a signed original and two copies of a 
``NOI--Part A'', as described below. Incumbent Federally recognized 
Tribes participating in the demonstration under Public Law 102-477 
whose status has not changed need to submit only the documents 
referenced in 1a and b below.
    For each noncontiguous geographic service area for which an entity 
is applying, a separate NOI--Part A must be submitted.
1. Notice of Intent--Part A Requirements
    Each applicant for designation must submit an NOI--Part A, which is 
comprised of the following:
    (a) A letter signed by an authorized signatory official, requesting 
designation, or a Tribal resolution;

[[Page 11929]]

    (b)(i) A completed SF-424 (``Application for Federal Assistance'') 
signed by the authorized signatory official who is authorized to bind 
the grantee to the grant agreement. See Exhibit A.
    (ii) Since October 1, 2003, all applicants for Federal grant and 
funding opportunities have been required to have a Dun and Bradstreet 
(D-U-N-S[reg]) number. See the Office of Management and Budget (OMB) 
Notice of Final Policy Issuance, 68 FR 38402 (June 27, 2003). 
Applicants for WIA Section 166 designation must supply their D-U-N-
S[reg] number in item five of the SF-424. See Exhibit B. Where a 
consortium is formed to apply for designation, the consortium must 
obtain a D-U-N-S[reg] number. If the award will be made to the lead 
entity in the consortium, then the D-U-N-S[reg] number for that lead 
entity must be used. The D-U-N-S[reg] number is a nine-digit 
identification number that uniquely identifies business entities. 
Obtaining a D-U-N-S[reg] number is easy and there is no charge. To 
obtain a D-U-N-S[reg] number, access the following Web site: https://www.dunandbradstreet.com or call 1-866-705-5711. Requests for exemption 
from the D-U-N-S[reg] number requirement must be made to OMB.
    (c) A completed SF-424-A (Budget Information form). The form is 
attached at Exhibit C and is also available at https://www07.grants.gov/agencies/forms_repository_information.jsp and https://www.doleta.gov/grants/find_grants.cfm. In preparing the Budget Information Form, the 
applicant must provide a concise narrative explanation to support the 
budget request, explained in detail below.
    (i) Budget Narrative: The budget narrative must provide a 
description of costs associated with each line item on the SF-424-A. It 
should also include a description of leveraged resources provided to 
support grant activities. In addition, the applicant should address 
precisely how the administrative costs support the project goals. The 
entire Federal grant amount requested (not just one year) should be 
included on both the SF 424 and SF 424-A. Separate budget information 
forms for Adult and Youth funding, as applicable, must be completed;
    (d) Documentation of the applicant's legal status as described in 
20 CFR 668.200(a)(1)), including copies of articles of incorporation 
for nonprofit corporations, or consortium agreement (if applicable).
    (e) A specific description of the geographic area being applied for 
by State(s), counties, reservation(s), subparts, or combinations 
thereof.
    (f) Evidence to establish the entity's ability to administer funds 
under 20 CFR 668.220 through 668.230, which at a minimum should 
include:
    (i) A statement that the organization is in compliance with the 
DOL's debt management procedures;
    (ii) A statement that fraud or criminal activity has not been found 
in the organization, or a brief description of the circumstance where 
fraud or criminal activity has been found and a description of the 
resolution, corrective action, and current status;
    (iii) A narrative demonstrating that the entity has or can acquire 
the necessary program and management personnel to safeguard Federal 
funds and effectively deliver program services that support the 
purposes of WIA; and
    (iv) If not otherwise provided, a narrative demonstrating that the 
entity has successfully carried out or has the ability to successfully 
carry out activities that will strengthen the ability of the 
individuals served to obtain or retain unsubsidized employment, 
including the past two-year history of publicly funded grants/contracts 
administered including identification of the fund source and a contact 
person.
    (g) The assurances required by 29 CFR 37.20.
    (h) A Standard Form (SF) 424 signed by the authorized signatory 
official who is authorized to bind the grantee to the grant agreement, 
attached hereto as Exhibit A.
    (i) A very brief summary of the employment and training or human 
resource development program(s) serving Native Americans that the 
entity currently operates or has operated within the previous two-year 
period. The summary should identify the funding source, contact person, 
and phone number for the program(s).
    (j) A brief description of the planning process used by the entity, 
including involvement of the governing body and local employers.
2. Notice of Intent (NOI)--Part B Requirements (Applicable to 
Competitions Only)
    If two or more eligible entities file an NOI--Part A and satisfy 
the initial review described in Section V(B), and they have applied to 
provide Section 166 services for all or part of the same geographic 
service area or for overlapping service areas and no applicant is 
entitled to priority designation under 20 CFR 668.210, or the 
applicants have identical priorities, then a competitive selection will 
be made following the procedures in this section. When a competitive 
selection is necessary, the Grant Officer will notify each applicant of 
all competing NOIs no later than 45 days after publication of this SGA 
in the Federal Register and invite the competing applicants to submit 
the supplemental NOI--Part B and any additional information that the 
applicant determines is appropriate. To be considered, the Part B 
information and any additional information must be received at the DOL 
mailing address provided in Section IV (C) below, by 4 p.m. Eastern 
time within 20 days of the date of the Grant Officer's notification 
letter, or be postmarked in accordance with the directions in Section 
IV (D) below.
    An applicant whose initial NOI submission addressed the 
requirements for both Part A and Part B does not need to submit a 
separate NOI--Part B. Exclusive of charts, graphs, or letters of 
support, Part B must not exceed 50 pages of double-spaced, single-sided 
8.5 inch x 11 inch pages with 12 point text font, and one-inch margins. 
Applicants subject to the NOI--Part B requirements must also submit a 
copy ready copy of Part NOI--Part B, free of bindings, staples, or 
protruding tabs to ease in the reproduction of the application by DOL.

C. Submission Dates and Times

    These directions apply to both NOI--Part A and NOI--Part B, unless 
otherwise specified.
    The closing date for receipt of applications (NOI--Part A) under 
this announcement is April 12, 2010. Mailed NOI--Part A applications 
must be received at the DOL mailing address below no later than 4 p.m. 
Eastern Time, and online applications (applicable to NOI--Part A only) 
must be successfully submitted at grants.gov by the same deadline. 
Applications sent by e-mail, telegram, or facsimile (FAX) will not be 
accepted. Applications that do not meet the conditions set forth in 
this notice will be considered nonresponsive. No exceptions to the 
mailing and delivery requirements set forth in this notice will be 
granted.
    Send an original and two copies of the entire application to: U.S. 
Department of Labor, Employment and Training Administration, Division 
of Federal Assistance, Attention: B. Jai Johnson, Grant Officer, 
Reference SGA/DFA- PY 09-04, 200 Constitution Avenue, NW., Room N-4716, 
Washington, DC 20210. Applicants are advised that mail delivery in the 
Washington area may be delayed due to mail decontamination procedures. 
Hand-delivered proposals will be accepted at the above address. All 
applications submitted through professional overnight delivery service 
will be considered to be hand-delivered and must be received at the 
designated

[[Page 11930]]

place by the specified closing date and time.
    Applicants may submit the NOI--Part A application online through 
Grants.gov (https://www.grants.gov). While not mandatory, DOL encourages 
the submission of applications through professional overnight delivery 
service.
    NOI--Part A applications that are submitted through Grants.gov must 
be successfully submitted at https://www.grants.gov no later than 4 p.m. 
Eastern Time, April 12, 2010. The application must also be validated by 
Grants.gov. The submission and validation process is described in more 
detail below. Applicants are strongly advised to initiate the process 
as soon as possible and to plan for time to resolve technical problems 
if necessary.
    The Department strongly recommends that before the applicant begins 
to write the proposal, applicants should immediately initiate and 
complete the ``Get Registered'' registration steps at: https://www.grants.gov/applicants/get_registered.jsp. These steps may take 
multiple days or weeks to complete, and this time should be factored 
into plans for electronic submission in order to avoid unexpected 
delays that could result in the rejection of an application. The 
Department strongly recommends that applicants use the ``Organization 
Registration Checklist'' at https://www.grants.gov/assets/Organization_Steps_Complete_Registration.pdf to ensure the registration process is 
complete.
    Within two business days of application submission, Grants.gov will 
send the applicant two e-mail messages to provide the status of 
application progress through the system. The first e-mail, almost 
immediate, will confirm receipt of the application by Grants.gov. The 
second e-mail will indicate the application has either been 
successfully validated or has been rejected due to errors. Only 
applications that have been successfully submitted and successfully 
validated will be considered. It is the sole responsibility of the 
applicant to ensure a timely submission, therefore, sufficient time 
should be allotted for submission (two business days), and if 
applicable, subsequent time to address errors and receive validation 
upon resubmission (an additional two business days for each ensuing 
submission). It is important to note that if sufficient time is not 
allotted and a rejection notice is received after the due date and 
time, the application will not be considered. Applications received by 
Grants.gov after the established due date and time will be considered 
late and will not be considered.
    To ensure consideration, the components of the application must be 
saved as either .doc, .xls or .pdf files. If submitted in any other 
format, the applicant bears the risk that compatibility or other issues 
will prevent us from considering the application. ETA will attempt to 
open the document but will not take any additional measures in the 
event of issues with opening. In such cases, the non-conforming 
application will not be considered for funding.
    We strongly advise applicants to use the tools and documents, 
including FAQs that are available on the ``Applicant Resources'' page 
at https://www.grants.gov/applicants/app_help_reso.jsp#faqs. To 
receive updated information about critical issues, new tips for users 
and other time sensitive updates as information is available, 
applicants may subscribe to ``Grants.gov Updates'' at: https://www.grants.gov/applicants/email_subscription_signup.jsp.
    If applicants encounter a problem with Grants.gov and do not find 
an answer in any of the other resources, call 1-800-518-4726 to speak 
to a Customer Support Representative or e-mail grants.gov">support@grants.gov.

D. Late Applications

    For applications submitted on Grants.gov, only applications that 
have been successfully submitted no later than 4 p.m. Eastern Time on 
the closing date and then successfully validated will be considered. 
Any other application received after the date and time specified in 
this notice will not be considered, unless it is received before awards 
are made, it was properly addressed, and it was: (a) Sent by U.S. 
Postal Service mail, postmarked not later than the fifth calendar day 
before the date specified for receipt of applications (e.g., an 
application required to be received by the 20th of the month must be 
postmarked by the 15th of that month, or an NOI--Part B application due 
within 20 days of the date of a notification letter must be postmarked 
15 days after the date of the letter); or (b) sent by professional 
overnight delivery service to the addressee and received at the 
designated place by the specified closing date and time.
    ``Postmarked'' means a printed, stamped or otherwise placed 
impression (exclusive of a postage meter machine impression) that is 
readily identifiable, without further action, as having been supplied 
or affixed on the date of mailing by an employee of the U.S. Postal 
Service. Therefore, applicants should request the postal clerk to place 
a legible hand cancellation ``bull's eye'' postmark on both the receipt 
and the package. Failure to adhere to these instructions will be a 
basis for a determination that the application was not filed timely and 
will not be considered. Evidence of timely submission by a professional 
overnight delivery service must be demonstrated by equally reliable 
evidence created by the delivery service provider indicating the time 
and place of receipt.

E. Intergovernmental Review

    This funding opportunity is not subject to Executive Order (EO) 
12372, ``Intergovernmental Review of Federal Programs.''

F. Funding Restrictions

    Determinations of allowable costs will be made in accordance with 
the applicable Federal cost principles, e.g., OMB Circulars A-87 for 
Tribal governments, A-122 for private non-profits, and A-21 for 
educational institutions. See 20 CFR 668.840. The WIA cost rules at 20 
CFR 667.200 to 667.220, and the administrative requirements at 20 CFR 
Part 668, subpart H also apply.
    Construction (as opposed to maintenance and/or repair) costs are 
generally not allowed under WIA, except in specific circumstances 
specified at 20 CFR 667.260. Certain preaward costs may be allowable 
with specific advance approval of the Grant Officer in accordance with 
OMB Circular A-87 or A-122.
1. Indirect Costs
    As specified in OMB Circular Cost Principles, indirect costs are 
those that have been incurred for common or joint objectives and cannot 
be readily identified with a particular final cost objective. In order 
to use grant funds for indirect costs incurred, the applicant must 
obtain an Indirect Cost Rate Agreement with its cognizant Federal 
agency either before or shortly after grant award.
2. Administrative Costs
    Administrative costs could be direct or indirect costs, and are 
defined at 20 CFR 667.220. Under 20 CFR 668.825, 667.210(b), and this 
SGA, limits on administrative costs will be negotiated with the grantee 
and identified in the grant award document. Generally, these costs 
cannot exceed 20 percent of the amount of the grant. Administrative 
costs do not need to be identified separately from program costs on the 
SF 424A Budget Information Form. However, they must be discussed in the 
budget narrative and tracked through

[[Page 11931]]

the grantee's accounting system. To claim any administrative costs that 
are also indirect costs, the applicant must obtain an Indirect Cost 
Rate Agreement from its cognizant Federal agency.
3. Salary and Bonus Limitations
    Under Public Law 109-234, none of the funds appropriated in Public 
Law 109-149 or prior Acts under the heading ``Employment and Training 
Administration'' that are available for expenditure on or after June 
15, 2006, shall be used by a recipient or subrecipient of such funds to 
pay the salary and bonuses of an individual, either as direct costs or 
indirect costs, at a rate in excess of Executive Level II., Public Laws 
111-8 and 111-117 contain the same limitations with respect to funds 
appropriated under each of those laws. These limitations also apply to 
grants funded under this SGA. The salary and bonus limitation does not 
apply to vendors providing goods and services as defined in OMB 
Circular A-133 (codified at 29 CFR Parts 96 and 99). See Training and 
Employment Guidance Letter No. 5-06 for further clarification: https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262.
4. Intellectual Property Rights
    The Federal Government reserves a paid-up, nonexclusive and 
irrevocable license to reproduce, publish, or otherwise use, and to 
authorize others to use for Federal purposes: (i) The copyright in all 
products developed under the grant, including a subgrant or contract 
under the grant or subgrant; and (ii) any rights of copyright to which 
the grantee, subgrantee, or a contractor purchases ownership under an 
award (including but not limited to curricula, training models, 
technical assistance products, and any related materials). Such uses 
include, but are not limited to, the right to modify and distribute 
such products worldwide by any means, electronically or otherwise. 
Federal funds may not be used to pay any royalty or licensing fee 
associated with such copyrighted material, although they may be used to 
pay costs for obtaining a copy. Those costs are limited to the 
developer/seller costs of copying and shipping. If revenues are 
generated through selling products developed with grant funds, 
including intellectual property, these revenues are program income. 
Program income is added to the grant and must be expended for allowable 
grant activities.
    If applicable, grantees must include the following language on all 
products developed in whole or in part with grant funds:
    This workforce solution was funded by a grant awarded by the 
U.S. Department of Labor's Employment and Training Administration. 
The solution was created by the grantee and does not necessarily 
reflect the official position of the U.S. Department of Labor. The 
Department of Labor makes no guarantees, warranties, or assurances 
of any kind, express or implied, with respect to such information, 
including any information on linked sites and including, but not 
limited to, accuracy of the information or its completeness, 
timeliness, usefulness, adequacy, continued availability, or 
ownership. This solution is copyrighted by the institution that 
created it. Internal use by an organization and/or personal use by 
an individual for noncommercial purposes are permissible. All other 
uses require the prior authorization of the copyright owner.

G. Other Submission Requirements

1. Withdrawal of Applications
    Applications may be withdrawn by written notice to the Grant 
Officer at any time before an award is made.

H. For Further Information Contact

    To confirm DOL's receipt of your submission, contact Ms. Serena 
Boyd, Grants Management Specialist, U.S. Department of Labor, Office of 
Grants and Contract Management, telephone number (202) 693-3338 (this 
is not a toll-free number); e-mail address: boyd.serena@dol.gov.

V. Application Rating Criteria and Review Information

A. Evaluation Criteria for NOI--Part B Applications

    The following review criteria, totaling 100 points, apply only to 
those applicants that are subject to the NOI--Part B requirements as 
described in Part IV B 2 of this SGA. The criteria listed below will be 
considered in evaluating these applicants' capability to provide 
services and their ability to produce the best outcomes for the 
individuals residing in the proposed geographic service area.
1. Understanding the Unique Circumstances of Eligible Indians, Alaska 
Natives, Native Hawaiian Adults, and Youth--30 Points
    Applicants must fully demonstrate a clear and specific 
understanding of the employment, training, and educational barriers 
encountered by the requested service population. It is critical 
throughout this section that applicants are as explicit and specific as 
possible in citing sources of data and analysis. Applicants should use 
relevant data from a wide variety of traditional sources (e.g., BLS 
reports and State surveys) and nontraditional information sources 
including consultation with Tribal economic development programs and 
Tribal colleges. Points for this rating factor will be based on the 
relevance, completeness, and quality of data and analysis presented, as 
follows:
    a. Socioeconomic Factors--15 points.
    Provide data and analysis of socioeconomic factors of and 
conditions faced by the eligible population in the geographic service 
area you propose to serve, including: Number of Indians and Native 
Americans in the requested service area; corresponding poverty rate; 
unemployment rate; potential or actual layoffs; education level, 
including graduation rates; skill levels and skill gaps currently 
existing and projected for eligible participants in the proposed 
geographic service area; potential barriers to employment for the 
service population (such as transportation needs, education needs, and 
child care needs).
    b. Employment Outlook--15 points.
    Provide data and analysis of the employment outlook for the 
geographic service area that you propose to serve, including 
opportunities by industry and occupation, and identification of the job 
skills necessary to obtain those employment opportunities. Specific 
employers that need or are likely to need skilled workers during the 
grant period should be identified.
2. Applicant's Experience--10 Points
    The applicant will be evaluated based, in part, on its experience, 
if any, in implementing and operating programs that serve Indians, 
Alaskan Natives, and/or Native Hawaiians. The discussion must describe:
     The applicant's experience in program(s) that provided 
education, training, and/or placement services to Indians, Alaskan 
Natives, or Hawaiian-Natives, including a description of the 
programmatic goals and the results achieved.
     The applicant's experience leading or significantly 
participating in program(s) that otherwise served Indians, Alaskan 
Natives, or Hawaiian Natives, including a description of the 
programmatic goals and the results achieved.
     The applicant's track record in administering any Federal, 
State, local, or other funding. Include a description of the 
programmatic goals and programmatic fiscal and administrative results.

[[Page 11932]]

3. Capability and Administrative Capacity To Operate an Employment and 
Training Program Established for Serving Indians, Alaskan Natives, and/
or Hawaiian Natives--30 Points
    The applicant must fully describe its capability to staff the 
proposed initiative and maximize service to eligible participants. The 
application must also demonstrate the applicant's fiscal, 
administrative, and performance management capacity to implement the 
key components of this project. Scoring under this criterion will be 
based on the following:
    a. Staff Capacity--10 points.
    The discussion must include a description of the applicant's 
organizational structure, as well as the proposed staffing pattern for 
the project, including management staff, administrative staff, and 
program staff. The description must demonstrate that the designated 
role(s) and time commitment of the proposed staff will be sufficient to 
ensure proper direction, management, implementation, and timely 
completion of each project. Where a project manager is identified, the 
applicant must demonstrate that the qualifications and level of 
experience of the proposed project manager are sufficient to ensure 
proper management of the project. Where no project manager is 
identified, the applicant must discuss the minimum qualifications and 
level of experience that will be required for the position.
    b. Applicant's ability to maximize services to eligible 
participants--10 points.
    i. The applicant must describe its capacity to serve a maximum 
number of eligible participants.
    ii. The applicant must describe its capacity to use a maximum 
amount of the funds provided by the grant to provide services to 
eligible participants, and to minimize the amount of unobligated funds 
that will be carried over from one program year to another.
    c. Fiscal, Administrative and Performance Management Capacity--10 
points.
    The application must provide evidence that the applicant has the 
fiscal, administrative, and performance management capacity to 
administer this grant. Discussion must describe:
     The applicant's capacity, including its systems, 
processes, and administrative and fiscal controls that will enable it 
to comply with Federal rules and regulations related to the grant's 
fiscal and administrative requirements;
     The applicant's participant eligibility determination and 
verification system;
     The applicant's capacity to collect data and to ensure 
that the data collected and reports submitted are accurate and timely;
     The applicant's system to support program integrity, 
including the management and security of participant records;
     If applicable, the applicant's capacity to administer 
multiple funding streams and to track spending by program. The 
description must include the applicant's capacity to ensure that 
expenditures are posted against the appropriate program for applicants 
that receive funding from more than one Federal program;
     The applicant's capacity to manage supportive services 
(such as transportation and child care), and to account for 
expenditures related to these services. Additionally, the applicant 
should provide a description of the electronic tools that it will use 
(such as personal computer, Internet access, and e-mail accounts);
     The applicant's capacity, including its systems and 
processes, to effectively track participant status and performance 
outcomes; and
     The applicant's capacity to begin program operations in 
the proposed geographic service area by July 1, 2010.
4. Strategy and Linkages--30 Points
    a. Proposed Recruitment and Pretraining Activities, Education/
Training, Placement, and Retention Strategies--15 points.
    The applicant must provide a complete and clear explanation of its 
proposed strategy and its implementation plans. The applicant must 
describe the proposed workforce development strategy in full and 
explain how the proposed education/training services will benefit 
Indians, Alaskan Natives, and/or Hawaiian Natives in the proposed 
geographic service area, as follows:
     During all phases of the grant: The applicant must 
describe how it will assist eligible participants in determining what 
supportive services are needed and assist eligible participants in 
obtaining those services.
     Recruitment and pretraining activities: The applicant must 
provide a comprehensive outreach and recruitment strategy that defines 
a clear process for finding and referring workers to the education/
training programs, and describes pretraining activities such as 
assessment services, if applicable. The applicant must clearly identify 
how the proposed strategy will enable the project to effectively 
recruit Indians, Alaskan Natives, and/or Hawaiian Natives in the 
proposed geographic service area, and identify any potential barriers 
to employment.
     Training: The applicant must describe how the project will 
address the education/training needs of Indians, Alaskan Natives, and/
or Hawaiian Natives, including how the education/training activities 
will accommodate the skill and education level, age, language barriers, 
and work experience of the service population. The applicant must 
demonstrate that the education/training will focus on industries, 
occupations, skills, and competencies that are in demand. Further, the 
proposed strategy must integrate training in basic skills, such as 
literacy and numeracy, and describe how the proposed education/training 
will lead to an appropriate employer-or-industry-recognized certificate 
or degree (which can include a license, as well as a registered 
apprenticeship certificate or degree) and/or to employment. The 
proposed strategy must also describe how the applicant will provide 
education/training services at times and locations that are convenient 
and easily accessible for the service population. In addition, the 
proposed strategy must describe how the applicant will educate 
individuals about opportunities for career advancement and wage growth 
within an industry or occupation, provide comprehensive coaching to 
help individuals take advantage of those opportunities, and pay 
participant education/training costs, whether directly through the 
grant or through other resources.
     Placements: The applicant must propose a strategy for 
placing Native Americans, Alaskan Natives, and/or Hawaiian Natives into 
employment. The applicant must identify specific job needs and describe 
the specific employers within the proposed geographic service area, and 
identify methods for engaging employers and referring participants to 
employers. Applicants serving incumbent workers should include a 
strategy for working with employers to support worker career 
advancement, if possible.
     Retention: The applicant must propose a strategy for 
promoting job retention among the Native Americans, Alaskan Natives, 
and/or Hawaiian Natives in the proposed geographic service area, 
including identifying specific activities and partners that could help 
participants retain employment. The proposal must include strategies 
for engaging employers and identifying the barriers to retention faced 
by participants after placement.
    b. Linkages with the range of employment and training resources

[[Page 11933]]

within the proposed geographic service area--15 points.
    Scoring on this section will be based on the extent to which the 
applicant demonstrates that it has linkages, or the capacity to form 
linkages, with other entities within the proposed geographic service 
area, by addressing the following factors:
     Applicants must fully demonstrate that they have 
established, or have the capacity to establish linkages with entities 
such as Tribal economic development programs, the workforce investment 
system, including One-Stop Career Centers, educators, including the 
Department of Education or Tribal colleges, veterans organizations, 
youth councils, and other stakeholders in the proposed geographic 
service area in order to maximize educational and career opportunities 
for the service population. The applicant may include letters of 
support from the entities.
     Applicants must fully describe any partnerships that they 
have developed or initiated with (or must fully describe how they plan 
to develop partnerships with) Tribal economic development programs, the 
workforce investment system, including One-Stop Career Centers (See 
Section III I herein), educators, including the Department of Education 
or Tribal Colleges, veterans organizations, youth councils, and other 
key stakeholders in the geographic service area, and the degree to 
which each partner will play a role in providing employment, training, 
and educational services to the service population. The applicant may 
include letters of support from the partner(s).
     Applicants must fully describe any funds and other 
resources that will be leveraged to support grant activities and how 
these funds and other resources will be used to contribute to the 
proposed outcomes for the project, including any leveraged resources 
related to the provision of supportive services for program 
participants.
     The applicant must describe services available to 
veterans, and how the applicant plans to implement veteran and spousal 
priority of service in the proposed geographic service area.

B. Review Process for All Applications

    DOL's Indian and Native American Program, with the concurrence of 
the Grant Officer, will conduct an initial review of all submissions 
for Section 166 designation for compliance with the statute, 
regulations, and this SGA. The initial review will consider the 
timeliness and completeness of the submission, applicant eligibility, 
eligibility of the requested service area, population size, and 
priorities, as described in Section III C 2, herein. The review will 
also consider the applicant's ability to administer funds as specified 
at 20 CFR 668.220 and 668.230. Applicants that do not satisfy these 
conditions will not be funded.
    The Grant Officer may require additional or clarifying information 
or action, including a site visit, before designating applicants and/or 
before determining whether to conduct a competition for a particular 
geographic service area. In addition, applicants may be required to 
address actions taken to correct deficiencies identified by DOL, 
including specific timeframes for completion.
    Organizations with no prior grant history with DOL, or about whom 
there are financial or grant management concerns, may be conditionally 
designated pending an onsite review and/or a six-month assessment of 
program progress. Failure to satisfy such conditions may result in a 
withdrawal of designation. The Grant Officer is not required to adhere 
to the geographical service area requested in an NOI. The Grant Officer 
may make the designation applicable to all of the area requested or, if 
acceptable to the applicant, a portion of the area requested or more 
than the area requested.

C. Competitive Selection Procedures

    Where competitive evaluation is required, the Grant Officer will 
use a formal panel review process to score the information submitted 
with the complete NOI (Part A and B), using the criteria listed in 
Section V.A. The review panel will include individuals with knowledge 
of or expertise in programs dealing with Indians and Native Americans. 
The purpose of the panel is to review and evaluate an organization's 
potential, based on its application (including the supplemental 
information required in NOI--Part B), to provide services to a specific 
Native American community, to rate the proposals in accordance with the 
rating criteria described in Section V-A, and to make recommendations 
to the Grant Officer.
    It is DOL's policy that no information affecting the panel review 
process will be solicited or accepted after the deadlines for receipt 
of applications set forth in this SGA. All submitted information must 
be in writing. This policy does not preclude the Grant Officer from 
requesting or considering additional information independent of the 
panel review process.
    During the review, the panel will not give weight to undocumented 
assertions. Any information must be supported by adequate and 
verifiable documentation, e.g., supporting references must contain the 
name of the contact person, an address, and telephone number. Panel 
ratings and recommendations are advisory to the Grant Officer.
    The Grant Officer will make the final determination of Section 166 
designees and of the geographic service area for which each designation 
is made. In accordance with 20 CFR 668.250(b) (4), the Grant Officer 
will select the entity that demonstrates the ability to produce the 
best outcomes for its customers, based on all available evidence. In 
addition to considering the review panel's rating, the Grant Officer 
will consider input from DOL's Indian and Native American Program, 
other offices within ETA, the DOL Office of the Inspector General, and 
any other available information regarding applicants' financial 
capability, operational capability, and responsibility in order to make 
funding determinations that are most advantageous to the government. 
The Grant Officer need not designate an entity for every geographic 
area (see 20 CFR 668.294). If there are service areas for which no 
entity submitted a complete NOI, the Grant Officer may either designate 
no service provider or may designate an entity based on demonstrated 
capability to provide the best services to the client population.

D. Anticipated Announcement and Designation

    If possible, designation decisions will be made by April 15, 2010.

VI. Award Administration Information

A. Award Notices

    All award notifications will be posted on the ETA Homepage (https://www.doleta.gov). Applicants selected for award will be contacted 
directly before the grant's execution and non-selected applicants will 
be notified by mail. The Grant Officer will notify Section 166 
applicants of designation results as follows:
    (i) Designation Letter. The designation letter signed by the Grant 
Officer will serve as official notice of an organization's designation. 
The designation letter will include the geographic service area for 
which the designation is made. Upon receipt of the designation letter, 
designated entities must ensure and provide evidence to DOL that a 
system is in place to afford all members of the eligible population 
within their service area an equitable opportunity to receive 
employment and training activities and services. See 29 CFR 668.260(b).

[[Page 11934]]

    (ii) Conditional Designation Letter. Conditional designations will 
include identification of the geographic service area, the nature of 
the conditions, actions required for the designee to achieve full 
designation status, and the timeframe in which such actions must be 
accomplished.
    (iii) Nondesignation Letter. Any organization not designated, in 
whole or in part, for a requested geographic service area will be 
notified formally, in writing, of the nondesignation and provided the 
reasons for the determination. Notification by a person or entity other 
than the Grant Officer that an organization has been designated is not 
valid.
    An applicant for WIA Section 166 designation that is not awarded 
such designation, in whole or in part, may be afforded the opportunity 
to appeal non-designation as provided at 20 CFR 668.270 and 20 CFR part 
667, subpart H. Information about termination of designation can be 
found at 20 CFR 668.290.
    Selection of an organization as a grantee does not constitute 
approval of the grant application as submitted. Before the actual grant 
is awarded, ETA may enter into negotiations about such items as program 
components, staffing and funding levels, and administrative systems in 
place to support grant implementation. If the negotiations do not 
result in a mutually acceptable submission, the Grant Officer reserves 
the right to terminate the negotiation and decline to fund the 
application.

B. Administrative and National Policy Requirements Rules

1. Administrative Program Requirements
    All grantees will be subject to all applicable Federal laws, 
including WIA Section 166, (codified as amended, at 29 U.S.C. 2801 et 
seq.); its implementing regulations, including 20 CFR Part 668; and the 
applicable OMB Circulars.
    The grant(s) awarded under this SGA will be subject to the 
following administrative standards and provisions:
    i. Nonprofit Organizations--OMB Circulars A-122 (Cost Principles) 
and 29 CFR part 95 (Administrative Requirements).
    ii. Educational Institutions--OMB Circulars A-21 (Cost Principles) 
and 29 CFR part 95 (Administrative Requirements).
    iii. State and Local Governments--OMB Circulars A-87 (Cost 
Principles) and 29 CFR part 97 (Administrative Requirements).
    iv. Profit Making Commercial Firms--Federal Acquisition Regulation 
(FAR)--48 CFR part 31 (Cost Principles), and 29 CFR part 95 
(Administrative Requirements).
    v. All entities must comply with 29 CFR parts 93 (new restrictions 
on lobbying) and 98 (debarment, suspension and drug-free workplace 
requirements), and, where applicable, 29 CFR parts 96 (audit 
requirements) and 99.
    vi. 29 CFR Part 2, subpart D--Equal Treatment in DOL Programs for 
Religious Organizations, Protection of Religious Liberty of DOL Social 
Service Providers and Beneficiaries.
    vii. 29 CFR part 31--Nondiscrimination in Federally Assisted 
Programs of DOL--Effectuation of Title VI of the Civil Rights Act of 
1964.
    viii. 29 CFR part 32--Nondiscrimination on the Basis of Handicap in 
Programs and Activities Receiving or Benefiting from Federal Financial 
Assistance.
    ix. 29 CFR part 33--Enforcement of Nondiscrimination on the Basis 
of Handicap in Programs or Activities Conducted by DOL.
    x. 29 CFR part 35-- Nondiscrimination on the Basis of Age in 
Programs or Activities Receiving Federal Financial Assistance from DOL.
    xi. 29 CFR part 36--Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial 
Assistance.
    The following administrative standards and provisions may be 
applicable:
    i. Sections of WIA and its implementing regulations in addition to 
section 166, 20 CFR part 668 and 20 CFR part 667 (General Fiscal and 
Administrative Rules);
    ii. 29 CFR part 29 & 30--Apprenticeship & Equal Employment 
Opportunity in Apprenticeship and Training;
    iii. 29 CFR part 37--Implementation of the Nondiscrimination and 
Equal Opportunity Provisions of the Workforce Investment Act of 1998:
     The Religious Freedom Restoration Act (RFRA), 42 U.S.C. 
2000bb, applies to all Federal law and its implementation. If your 
organization is a faith-based organization that makes hiring decisions 
on the basis of religious belief, it may be entitled to receive Federal 
financial assistance under Title I of WIA and maintain that hiring 
practice even though Section 188 of WIA contains a general ban on 
religious discrimination in employment. If you are awarded a grant, you 
will be provided with information on how to request such an exemption.
    iv. Ensuring the Health and Safety of Participants Under WIA 
Section 181(b)(4)--Health and safety standards established under 
Federal and State law otherwise applicable to working conditions of 
employees are equally applicable to working conditions of participants 
engaged in training and other activities. Applicants that are awarded 
grants through this SGA are reminded that these health and safety 
standards apply to participants in these grants.
    In accordance with WIA Section 195(6) and 20 CFR 668.630(f), 
programs funded under this SGA must not involve political activities. 
Additionally, in accordance with Section 18 of the Lobbying Disclosure 
Act of 1995 (Pub. L. 104-65) (2 U.S.C. 1611), 20 CFR 668.630(g) and 29 
CFR part 93, nonprofit entities incorporated under Internal Revenue 
Service Code Section 501(c)(4) that engage in lobbying activities are 
not eligible to receive Federal funds and grants.
    Except as specifically provided in this SGA, ETA's acceptance of a 
proposal and an award of Federal funds to sponsor any programs(s) does 
not provide a waiver of any grant requirements and/or procedures. For 
example, the OMB Circulars require that an entity's procurement 
procedures must ensure that all procurement transactions are conducted, 
as much as practical, to provide open and free competition. If a 
proposal identifies a specific entity to provide services, the ETA's 
award does not provide the justification or basis to sole source the 
procurement, i.e., avoid competition.
2. Reporting
    WIA Section 166 grantees will be required to submit reports on 
financial expenditures, program participation, and participant outcomes 
on no more than a quarterly basis. Grantees are required to file 
reports electronically. Reporting requirements include OMB Common 
Measures and will include evaluation of the Grantee's annual 
performance against those Common Measures. Current reporting 
requirements for Section 166 grants are found at 20 CFR part 668, 
subparts D and F. DOL will provide instructions on how and when to file 
reports. Failure to follow DOL instructions for the submission of 
timely and complete reports may be considered a material failure to 
conform with the terms of the grant award and may lead to sanctions.

VII. Agency Contacts

    For further information about this SGA, please contact Serena Boyd, 
Grants Management Specialist, Division

[[Page 11935]]

of Federal Assistance, at (202) 693-3338 (this is not a toll-free 
number). Applicants should e-mail all technical questions to 

                    

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