FEDERAL T-CS WIOA PY22.PDF

Maricopa County — Formal (2022-08-17)

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PY 2022 Workforce Innovation and Opportunity Act (WIOA)
Youth, Adult & Dislocated Worker Programs
Annual Funding Agreement
TERMS AND CONDITIONS
Table of Contents

Part A: General Award, System for Award Management and Uniform Guidance ............... 4
A.1 Compliance and the Order of Precedence .......................................................................................... 4
A.2 Training and Employment Guidance Letter ....................................................................................... 5
A.3 SF-424, Application for Federal Assistance, and SF-424B, Assurances and Certifications .............. 5
A.4 Federal Project Officer or Point of Contact (POC) ............................................................................ 5
A.5 Unique Entity Identifier Requirements .............................................................................................. 5
A.6 System for Award Management ......................................................................................................... 6
A.7 Uniform Guidance Revisions ............................................................................................................. 7
A.8 Subawards .......................................................................................................................................... 7
A.9 Vendor/Contractor Defined ................................................................................................................ 7
A.10 Technical Assistance, Resources, and Information .......................................................................... 7
A.11 Monitoring, Technical Assistance, and Additional Specific Conditions of Award ......................... 8
A.12 Evaluation, Data, and Implementation ............................................................................................. 8
A.13 Program Requirements ..................................................................................................................... 8
Part B: Budget and Cost Share (Match) ..................................................................................... 9
B.1 Budget - Approved ............................................................................................................................. 9
B.2 Budget Flexibility ............................................................................................................................... 9
B.3 Non-Federal Share (Match or Cost Share) ......................................................................................... 9
Part C: Funds Management and Special or Temporary Restrictions ................................... 10
C.1 Funds – Payment Management System (PMS) ................................................................................ 10
C.2 Funds - Return & Refunds ................................................................................................................ 10
Part D: Costs - Limitations, Items, and Restrictions ............................................................... 10
D.1 PY 2019 Administrative Costs Limit Change – Coronavirus Aid, Relief, and Economic Security
(CARES) Act .......................................................................................................................................... 10
D.2 PY 2019 Rapid Response Activities Change – CARES Act ............................................................ 10
D.3 Administrative Costs ........................................................................................................................ 10
D.4 Consultants ....................................................................................................................................... 11
D.5 Equipment ........................................................................................................................................ 11

D.6 Pre-Award Costs .............................................................................................................................. 11
D.7 Program Income ............................................................................................................................... 11
D.8 Supportive Services & Participant Support Costs ............................................................................ 11
D.9 Travel ............................................................................................................................................... 11
D.10 Travel – Mileage Reimbursement Rates ........................................................................................ 12
D.11 Travel – Foreign ............................................................................................................................. 12
D.12 Conferences and Conference Space ............................................................................................... 12
D.13 Hotel-Motel Fire Safety ................................................................................................................. 12
D.14 WIOA Infrastructure ...................................................................................................................... 12
D.15 Pay-For-Performance Contract Strategies ...................................................................................... 13
D.16 Procurement ................................................................................................................................... 13
Part E: Reporting, Audit, and Closeout.................................................................................... 14
E.1 Reports .............................................................................................................................................. 14
E.2 Federal Funding Accountability and Transparency Act (FFATA or Transparency Act) ................. 14
E.3 Integrity and Performance Matters – FAPIIS ................................................................................... 17
E.4 Audits ............................................................................................................................................... 18
E.5 Audit Submission Deadline Extension Related to COVID-19 ......................................................... 19
E.6 Closeout/Final Year Requirements ................................................................................................... 19
Part F: National Policy and Restrictions .................................................................................. 20
F.1 Architectural Barriers ....................................................................................................................... 20
F.2 Domestic Preferences for Procurements ........................................................................................... 20
F.3 Drug-Free Workplace ....................................................................................................................... 20
F.4 Flood Insurance ................................................................................................................................. 20
F.5 Intellectual Property Rights .............................................................................................................. 20
F.6 Promoting Equitable Delivery of Government Benefits and Equal Opportunity ............................. 21
F.7 Personally Identifiable Information .................................................................................................. 22
F.8 Publicity ............................................................................................................................................ 22
F.9 Telecommunications Prohibition ...................................................................................................... 22
F.10 Veterans’ Priority Provisions .......................................................................................................... 23
F.11 Waste, Fraud and Abuse ................................................................................................................. 23
F.12 Whistleblower Protection ............................................................................................................... 23
F.13 Executive Order 12928 - Historically Black Colleges and Universities and other Minority
Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities ....................... 24
F.14 Executive Order 13043 - Increasing Seat Belt Use......................................................................... 24

3
F.15 Executive Order 13166 - Improving Access to Services for Persons with Limited English
Proficiency .............................................................................................................................................. 24
F.16 Executive Order 13513 - Federal Leadership On Reducing Text Messaging While Driving ........ 24
F.17 Executive Order 14005 - Ensuring the Future Is Made in All of America by All of America's
Workers ................................................................................................................................................... 25
F.18 Salary and Bonus Limitations ......................................................................................................... 25
F.19 Harassment Prohibited .................................................................................................................... 25
Part G: National Prohibitions and Other Restrictions ............................................................ 26
G.1Contracting with Corporations with Felony Criminal Convictions Prohibited ................................. 26
G.2 Contracting with Corporations with Unpaid Tax Liabilities Prohibited .......................................... 26
G.3 Trafficking in Persons Prohibited .................................................................................................... 26
G.4 Health Benefits Coverage for Contraceptives .................................................................................. 28
G.5 Health Benefits Coverage for Abortions Restricted ......................................................................... 29
G.6 Fair Labor Standards Act Amendment for Major Disasters ............................................................. 29
G.7 Lobbying/Advocacy Restricted ........................................................................................................ 30
G.8 Blocking Pornography Required ...................................................................................................... 30
G.9 Privacy Act ....................................................................................................................................... 30
G.10 Procuring Goods Obtained Through Child Labor Prohibited ........................................................ 30
G.11 Promotion of Drug Legalization Restricted ................................................................................... 31
G.12 Public Communications – Certain Information Requirement ........................................................ 31
G.13 Purchase of Sterile Needles or Syringes Restricted ....................................................................... 31

Part A: General Award, System for Award Management and Uniform
Guidance
A.1 Compliance and the Order of Precedence
The recipient of this Federal award will assure that they will fully comply with the rules and
requirements specified in the award document. Program requirements may be found in the
Funding Opportunity Announcement (FOA), statutes, Executive Orders, government-wide
regulations, agency regulations, agency policy guidance such as Training Employment
Guidance Letter (TEGL), and the terms outlined in the award document. The list below
identifies the hierarchy of authority.
The following order of precedence applies to your activities under this federal award. In the
event of any inconsistency between the terms and conditions of this Notice of Award (NOA)
and other requirements, consult the below order:

1. Workforce Innovation Opportunity Act (WIOA).
2. Other applicable Federal statutes.
3. Consolidated Appropriations Act 2022 (Public Law 117-103) dated March 15, 2022.
4. Implementing Regulations.
5. Executive Orders and Presidential Memoranda.
6. The Office of Management and Budget (OMB) Guidance, including the Uniform
Guidance at 2 CFR (Code of Federal Regulations) parts 200 and 2900.
7. The U.S. Department of Labor (DOL) or Employment and Training Administration
(ETA) directives.
8. Terms and conditions of this award.

Notice of Award The funds provided under this Notice of Award (NOA) must be expended
according to all applicable Federal statutes, regulations and policies, and the applicable
provisions in the appropriations act(s). The funds shall be obligated and expended via a NOA
award modification. These obligations and expenditures may not exceed the amount awarded
by the NOA modification unless otherwise modified by the ETA.
The funds that are provided under this NOA must be expended according to all applicable
Federal statutes, regulations and policies, including those of the Workforce Innovation and
Opportunity Act (WIOA), the applicable approved WIOA State Plan (including approved
modifications and amendments to the plan), and any waiver plan approved under WIOA
Section 189(i)(3) or Workforce Flexibility (Workflex) plan approved under WIOA Section
190, the negotiated performance levels and policies established pursuant to the Secretary’s
authority under WIOA Section 116, and the applicable provisions in the appropriations
act(s).
The funds shall be obligated and allocated via a NOA grant modification. These obligations
and expenditures may not exceed the amount awarded by the NOA modification unless
otherwise modified by the ETA.

By drawing down funds, your organization as the award recipient agrees to the provisions of
20 CFR 683.820(b)(6), which states:
“Any organization selected and/or funded under WIOA Title I, Subtitle D, is subject to
having its award removed if an Administrative Law Judge (ALJ) decision so orders. As
part of this process, the Grant Officer will provide instructions on transition and closeout
to both the newly selected grant recipient and to the grant recipient whose positions is
affected, or which is being removed.”
A.2 Training and Employment Guidance Letter
Training and Employment Guidance Letter No. 09-21 and any amendments found at
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8776 are hereby incorporated into
this NOA. Award recipients are bound by the authorizations, restrictions, and requirements
contained in the NOA. Therefore, the expenditure of funds by the award recipient certifies
that your organization has read and will comply with all the parts that are contained in the
NOA.
A.3 SF-424, Application for Federal Assistance, and SF-424B, Assurances and
Certifications
The signed SF-424, Application for Federal Assistance, has been included as an attachment
to this award. The individual that signed the SF-424 on behalf of the applicant is considered
the Authorized Representative of the applicant. As stated in block 21 of the SF-424 form, the
signature of the Authorized Representative on the SF-424 certifies that the grant award
recipient is in compliance with the Assurances and Certifications form SF-424B available at
Grants.gov. The grant award recipient does not need to submit the SF-424B form
separately.
A.4 Federal Project Officer or Point of Contact (POC)
The DOL/ETA Federal Project Officer (FPO) or Point of Contact for this award is:

Name: Marian Esver
Telephone: (415) 625-7948
E-mail: Esver.Marian@dol.gov

The individual named above is not authorized to change any of the terms or conditions of the
award or approve prior approval requests. Any changes to the terms or conditions or prior
approvals must be approved by the Grant Officer through the use of a formally executed
award modification process.

A.5 Unique Entity Identifier Requirements
Effective on April 4, 2022, the DUNS Number will be replaced by a new, non-proprietary
identifier requested in and assigned by SAM.gov. This new identifier is called the Unique
Entity Identifier (UEI), or the Entity ID. To learn more about SAM’s rollout of the UEI,
please visit the U.S. General Service Administration (GSA), Unique Entity Identifier Update
webpage.

If the grant award or cooperative agreement recipient is authorized to make subawards under
this award, then the recipient:
1. Must notify potential subrecipients that no entity (see definitions below) may receive
a subaward from the grant award recipient until the entity has provided its UEI to the
recipient.
2. May not make a subaward to an entity unless the entity has provided its UEI to the
grant or cooperative agreement recipient. Subrecipients are not required to obtain an
active SAM registration but must obtain a UEI.

A.6 System for Award Management
System for Award Management (SAM) is the official federal system that collects, validates,
stores, and disseminates business information about the federal government's trading partners
in support of contract awards, grants, and electronic payment processes.

A SAM registration is required for an entity to be able to apply for federal awards, to request
modifications to existing awards, and to enable them to closeout expiring awards. See
Training and Employment Notice (TEN) 18-17 for additional guidance.
Unless the award recipient is exempt from this requirement under 2 CFR 25.110, the grant
award or cooperative agreement recipient must maintain current information in the SAM.
This includes information on the recipient’s immediate and highest-level owner and
subsidiaries, as well as on all of the recipient’s predecessors that have been awarded a
Federal contract or Federal financial assistance within the last three years, if applicable, until
the award recipient submits the final financial report required under this Federal award or
receive the final payment, whichever is later.

DOL advises grant award recipients and other awardees of Federal awards such as
cooperative agreements registered in SAM to review their registration information,
particularly their financial information and points of contact. Assistance is available by
contacting the Federal Service Desk at FSD.gov. Grant award or cooperative agreement
recipients should contact ETA at ETAAccountingGrants@dol.gov if they find that payments
have been paid to a bank account other than their registered bank account.
DOL routinely checks the validity of a grant or cooperative agreement award recipient’s
SAM registration and verifies that the recipient is not included on the excluded parties list
before making an award or approving a modification to an existing award. Failure to have an
active SAM registration can delay award recipients from receiving their initial award or
requested modifications to their existing awards.

DOL further encourages award recipients to review the expiration date of their SAM
registration and begin the renewal process well in advance, to ensure that their registration
remains valid. If the award recipient has not logged in and updated its entity registration
record within at least the past 365 days, its record will expire and go into inactive
status. Timely renewal will ensure that the award recipient can continue to request and
receive modifications to their existing grants, as well as apply for new funding opportunities.
Further, the EIN numbers must remain active until the award closeout process is fully
completed.

A.7 Uniform Guidance Revisions
The Office of Management and Budget issued revisions to 2 CFR parts 25, 170, 183, and 200
(the Uniform Guidance) on August 13, 2020, and February 22, 2021 (technical
correction). These revisions became effective November 12, 2020, except for the
amendments to 2 CFR 200.216 and 200.340, which were immediately effective on August
13, 2020. The award recipient must operate in compliance with these revised regulations.
Please note that the section numbering in the Uniform Guidance has changed in some
instances, and this terms and conditions document has been updated accordingly.

A.8 Subawards
A subaward means an award provided by a Pass-Through Entity (PTE) to a subrecipient for
the subrecipient to carry out part of a Federal award received by the PTE. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal
program. A subaward may be provided through any form of legal agreement, including an
agreement that the PTE considers a contract.

The provisions of the Terms and Conditions of this award will be applied to any subrecipient
under this award. The recipient is responsible for monitoring the subrecipient, ensuring that
the Terms and Conditions are in all subaward packages and that the subrecipient complies
with all applicable regulations and the Terms and Conditions of this award (2 CFR
200.101(b)).

A.9 Vendor/Contractor Defined
The term “contractor,” sometimes referred to as a vendor, is a dealer, distributor, merchant or
other seller providing goods or services that are required to implement a Federal program
(see 2 CFR 200.1). These goods or services may be for an organization's own use or for the
use of the beneficiaries of the Federal program. Additional guidance on distinguishing
between a subrecipient and a contractor (vendor) is provided in 2 CFR 200.331. When
procuring contractors for goods and services, DOL/ETA recipients and subrecipients must
follow the procurement requirements found at 2 CFR 200.320 (except states, pursuant to 2
CFR 200.317), which calls for free and open competition.
A.10 Technical Assistance, Resources, and Information
Additional resources, training, and information to assist the award recipient are located on
the ETA website, Resources webpage and on the Grants Application and Management
collection page on WorkforceGPS.org. SMART training is a technical assistance initiative
sponsored by DOL/ETA to assist its grant and cooperative agreement recipients and
subrecipients in improving its program/project operations through effective grants
management. Please take some time to review the training modules which are focused on:
Strategies for sound grant management that include:
Monitoring,
Accountability,
Risk mitigation and
Transparency.

These four themes are woven throughout the OMB Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, also known as the Uniform
Guidance (2 CFR Part 200 and 2 CFR Part 2900). The 508-compliant PowerPoints of the
modules may be found on WorkforceGPS.org at the Resource page.

A.11 Monitoring, Technical Assistance, and Additional Specific Conditions of Award
All grant and cooperative agreement award recipients, including states and territories
managing the Unemployment Insurance programs, are subject to 2 CFR 200.208, Specific
conditions, which indicates that the Federal awarding agency may adjust specific award
conditions as needed. A specific condition is based on an analysis of the following factors:
1. Based on the criteria in §200.206, Federal awarding agency review of risk posed by
applicants;
2. The applicant or recipient's history of compliance with the general or specific terms
and conditions of a Federal award;
3. The applicant or recipient's ability to meet expected performance goals as described
in 2 CFR 200.211; or
4. A responsibility determination of an applicant or recipient.
Additional Federal award conditions may include items such as the following:
1. Requiring payments as reimbursements rather than advance payments;
2. Withholding authority to proceed to the next phase until receipt of evidence of
acceptable performance within a given performance period;
3. Requiring additional, more detailed financial reports;
4. Requiring additional project monitoring;
5. Requiring the non-Federal entity to obtain technical or management assistance; or
6. Establishing additional prior approvals.
Grant and cooperative agreement award recipients may be required to obtain technical or
management assistance through an established provider/contractor that has been selected or
hired by DOL/ETA that may include in-person or remote assistance.
A.12 Evaluation, Data, and Implementation
Grant and cooperative award recipients must cooperate during the implementation of a third-
party evaluation. This means providing DOL/ETA or its authorized contractor with the
appropriate data and access to program operating personnel and participants in a timely
manner.

A.13 Program Requirements
Training and Employment Guidance Letter No. 09-21 contains the program requirements for
this award.

Part B: Budget and Cost Share (Match)
B.1 Budget - Approved
The grant award recipient’s budget documents are attached in this NOA. The documents are:
1) the SF-424, included as Attachment A. The grant award recipient must confirm that all
costs are allowable, reasonable, necessary, and allocable before charging any expense.
Pursuant to 2 CFR 2900.1, the approval of the budget as awarded does not constitute prior
approval of those items specified in 2 CFR part 200 and 2 CFR part 2900 or as a part of the
grant award as requiring prior approval. The Grant Officer is the only official with the
authority to provide such approval.

Any changes to the budget that impact the Statement of Work (SOW) and agreed upon
outcomes or deliverables will require a request for modification and prior approval from the
Grant Officer.

If the period of performance will include multiple budget periods, subsequent budget periods
are subject to the availability of funds, program authority, satisfactory performance, and
compliance terms and conditions of the Federal award.

B.2 Budget Flexibility
Award recipients are not permitted to make transfers that would cause any funds to be used
for purposes other than those consistent with this Federal program. Any budget changes that
impact the SOW and agreed upon outcomes or deliverables require a request for modification
and approval from the Grant Officer.

As directed in 2 CFR 200.308(f), for programs where the Federal share is over the Simplified
Acquisition Threshold (SAT) (currently $250,000), the transfer of funds among direct cost
categories or programs, functions, and activities is restricted such that if the cumulative
amount of such transfers exceeds or is expected to exceed 10% of the total budget as last
approved by the Federal awarding agency, the recipient must receive prior approval from the
Grant Officer. Any changes within a specific cost category on the SF-424(a) do not require a
grant modification unless the change results in a cumulative transfer among direct cost
categories exceeding 10% of total budget. It is recommended that the assigned Federal point
of contact review any within-line changes to the award recipient’s budget prior to
implementation to ensure they do not require a modification.

For programs where the Federal share of the project is below the SAT of $250,000, recipients
are not required to obtain the Grant Officer’s approval when transferring funds among direct
cost categories.

B.3 Non-Federal Share (Match or Cost Share)
This award does not include a match requirement.

Part C: Funds Management and Special or Temporary Restrictions
C.1 Funds – Payment Management System (PMS)
Upon receipt of a NOA, in order to draw funds from the U.S. Department of Health and
Human Services (HHS) Payment Management System (PMS), an active account must be
established. To establish an account, award recipients must complete an SF-1199A and PMS
Access form (shown as the PMS/FFR User Form on the PMS website). DOL/ETA is
responsible for completing portions of the SF-1199A and submitting the completed SF-
1199A to the Division of Payment Management, which operates PMS. Federal award
recipients do not need to complete these forms if they already have an account with PMS.

C.2 Funds - Return & Refunds
DOL/ETA does not accept paper checks for any type of returned funds. For active grants, all
return of funds are to be submitted electronically through the PMS operated by the HHS via
the same method as a drawdown. For grants that have been cancelled or are expired
(typically older than five years), incoming payments, including returns and recoveries to
DOL, must be made via the Pay.gov website.

If there are questions regarding the return of funds, or your organization no longer has access
to PMS, contact the DOL/ETA, Office of Financial Administration via email at: ETA-
ARteam@dol.gov for further assistance.

Part D: Costs - Limitations, Items, and Restrictions
D.1 PY 2019 Administrative Costs Limit Change – Coronavirus Aid, Relief, and
Economic Security (CARES) Act
Pursuant to Public Law 116-136 (the CARES Act), and notwithstanding WIOA section
128(b)(4), for PY 2019, not more than 20% of the total amount allocated to a local area may
be used for the administrative costs of carrying out local workforce investment activities
under WIOA Chapter 2 (Youth Workforce Investment Activities) and Chapter 3 (Adult and
Dislocated Worker Employment and Training Activities), if the portion of the total amount of
administrative costs that exceeds 10% of the total amount allocated is used to respond to a
qualifying emergency.
D.2 PY 2019 Rapid Response Activities Change – CARES Act
Pursuant to Public Law 116-136 (the CARES Act), the funds reserved by a Governor for PY
2019 for statewide activities under WIOA 128(a) that remain unobligated may be used for
statewide rapid response activities as described in WIOA 134(a)(2)(A) for responding to a
qualifying emergency.
D.3 Administrative Costs
Administrative costs are defined in the WIOA at 20 CFR 683.215. Limitations on
administrative costs are described at 20 CFR 683.205. Under no circumstances may the
administrative costs exceed these limits. The grant recipient will be monitored for

compliance with the administrative cost limits throughout the grant’s period of performance.
Any amounts that exceed these limitations will be disallowed and subject to debt collection.

D.4 Consultants
For the purposes of this grant award, the ETA’s Grant Officer has determined that fees paid
to a consultant who provides services under a program shall be limited to $750.00 a day
(representing an eight-hour workday). Such costs must be reasonable, allocable, and
allowable to the program. Any fees paid in excess of this amount cannot be paid without
prior approval from the Grant Officer.

D.5 Equipment
The requirement that grant recipients obtain prior approval from the Grant Officer for all
purchases of equipment (as described in 2 CFR 200.439) is waived in accordance with 2 CFR
200.308(c)(4) and 20 CFR 683.200, and approval authority is delegated to the Governor for
programs funded under Section 127 (Youth) or Section 132 (Adult & Dislocated Worker) of
WIOA or under the Wagner-Peyser Act. Notwithstanding this waiver, the Grant Officer
reserves the right to reimpose the requirement of prior approval, after providing advance
notice to the recipient.

D.6 Pre-Award Costs
All costs incurred by the award recipient prior to the start date specified in the grant award
issued by the Department are incurred at the recipient’s own expense.

D.7 Program Income
The “Addition” method as described in 2 CFR 200.307 must be used in allocating any
program income generated for this awards award. The award recipient must expend all
program income prior to drawing down any additional funds as required at 2 CFR
200.305(b)(5) and 2 CFR 200.307(e). Any program income found remaining at the end of
period of performance must be returned to ETA. In addition, the award recipient(s) must
report program income on the quarterly financial report using the applicable ETA-9130 or
SF-425 reports.

D.8 Supportive Services & Participant Support Costs
When supportive services are expressly authorized by a program statute, regulation, or FOA,
this award waives the prior approval requirement for participant support costs as described in
2 CFR 200.456. Costs must still meet the basic considerations at 2 CFR 200.402 – 200.411.
Questions regarding supportive services and participant support costs should be directed to
the FPO who is assigned to the award.

D.9 Travel
This award waives the prior approval requirement for domestic travel as contained in 2 CFR
200.475. For domestic travel to be an allowable cost, it must be necessary, allowable,
reasonable, allocable and conform to the non-Federal entity’s written policies and

procedures. All travel must also comply with Fly America Act (49 USC 40118), which states
in part that any air transportation, regardless of price, must be performed by, or under a code-
sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is
available.

D.10 Travel – Mileage Reimbursement Rates
Pursuant to 2 CFR 200.475(a), all award recipients must have policies and procedures in
place related to travel costs; however, for reimbursement on a mileage basis, this Federal
grant award cannot be charged more than the maximum allowable mileage reimbursement
rates for Federal employees. Mileage rates must be checked annually at GSA’s Privately
Owned Vehicle (POV) Mileage Reimbursement Rates webpage to ensure compliance.

D.11 Travel – Foreign
Funds that are awarded and authorized to carry out an activity under WIOA, Subtitle B
cannot be used for foreign travel.

D.12 Conferences and Conference Space
Conferences sponsored in whole or in part by the award recipient are allowable if the
conference is necessary and reasonable for the successful performance of the Federal Award.
The award recipients are urged to use discretion and good judgment to ensure that all
conference costs charged to the grant are appropriate and allowable. For more information on
the requirements and the allowability of costs associated with conferences, refer to 2 CFR
200.432. Recipients will be held accountable to the requirements in 2 CFR 200.432.
Therefore, costs that do not comply with 2 CFR 200.432 will be questioned and may be
disallowed.

D.13 Hotel-Motel Fire Safety
Pursuant to 15 U.S.C. 2225a, the recipient must ensure that all space for conferences and
conventions or training seminars funded in whole or in part with federal funds complies with
the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391,
as amended). Recipients may search the Hotel-Motel National Master List to see if a property
is in compliance, or to find other information about the Act.

D.14 WIOA Infrastructure
WIOA, Section 121(b)(1)(B) and 20 CFR 678.400 require the following programs to be One-
Stop partners:
1. WIOA, Title I programs: Adult, Dislocated Worker, and Youth formula programs,
Job Corps, YouthBuild, Native American programs, National Dislocated Worker
Grants (DWG), and NFJP;
2. Wagner-Peyser Act Employment Service (ES) program authorized under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), as amended by WIOA, Title III;
3. SCSEP authorized under Title V of the Older Americans Act of 1965;
4. Trade Adjustment Assistance (TAA) activities authorized under Chapter 2 of Title II
of the Trade Act of 1974;

5. Unemployment Compensation (UC) programs;
6. Jobs for Veterans State Grants (JVSG) programs authorized under Chapter 41 of Title
38, U.S.C.; and
7. Reentry Employment Opportunities (REO) programs (formerly known as the
Reintegration of Ex-Offenders Program (RExO) awarded prior to January 1, 2019,
which were authorized under Section 212 of the Second Chance Act of 2007 (42
U.S.C. 17532).

With the exception of Native American programs established under WIOA, Section 166 all
One-Stop partner programs, including all programs that are funded under Title I of WIOA,
are required to contribute to the infrastructure costs and certain additional costs of the One-
Stop delivery system in proportion to their use and relative benefits received, per 20 CFR
678.700 and 678.760. While Native American programs are not required to contribute to
infrastructure costs per WIOA Section 121(h)(2)(D)(iv), they are strongly encouraged to
contribute as stated in TEGL No. 17-16. The sharing and allocation of infrastructure costs
between One-Stop partners is governed by WIOA Section 121(h), WIOA’s implementing
regulations, and the Federal Cost Principles contained in the Uniform Guidance at 2 CFR
part 200 and DOL’s exceptions at 2 CFR part 2900.

If not deemed a required one-stop partner, it is strongly recommended that the grant recipient
partner with the local WIOA one-stop delivery system in its service area(s). The one-stop
system can assist with referrals, labor market information, and many other services that will
directly benefit the management and performance of your grant. The one-stop system also
provides access to a wide range of publicly- and privately-funded education, employment,
training, and supportive services while also providing high-quality customer service to job
seekers, workers, and businesses.
D.15 Pay-For-Performance Contract Strategies
If any subrecipients (Local Workforce Development Boards (LWDBs)) of the grant recipient
elect to set aside funds for pay-for-performance (PFP) contract strategies under 20 CFR
683.520, a separate grant agreement must be created to administer these funds. The grant
recipient must provide sufficient notice to the Grant Officer, through its FPO, of any
LWDB’s decision to reserve up to 10% of its total local Adult/Dislocated Worker or Youth
allotment for PFP contract strategies so that a new grant agreement can be issued to cover
those funds. The grant recipient should inform its FPO as soon as an amount to be reserved
under this provision has been finalized.
D.16 Procurement
The Uniform Guidance (2 CFR 200.317) require States (as defined in 2 CFR 200.1) to follow
the same procurement policies and procedures it uses for non-Federal funds. The state must
comply with 2 CFR 200.321, 200.322, and 200.323 and ensure that every purchase order or
other contract includes any clauses required by 2 CFR 200.327. The grant award recipient(s)
must also follow the requirements regarding the competitive selection of One-Stop Operators
at WIOA Sections 121(d) and 123.

Part E: Reporting, Audit, and Closeout
E.1 Reports
All ETA award recipients are required to submit quarterly financial and narrative progress
reports for each award.

1. Quarterly Financial Reports. All ETA award recipients are required to report
financial data on the ETA-9130 Financial Report. ETA-9130 reports are due no later
than 45 calendar days after the end of each specified reporting quarter. Reporting
quarter end dates are March 31, June 30, September 30, and December 31. A final
financial report must be submitted no later than 45 calendar days after the quarter
encompassing the award end date ends, or 45 calendar days after the completion of
the quarter in which all funds have been expended, whichever comes first. A closeout
report will be submitted during the closeout process. For additional guidance on
ETA’s financial reporting, reference TEGL 20-19 and ETA-9130 Financial Reporting
Resources.

The instructions for accessing both the online financial reporting system and the HHS
PMS can be found in the transmittal memo accompanying this NOA.

E.2 Federal Funding Accountability and Transparency Act (FFATA or Transparency
Act)
Applicable to grants and cooperative agreements:
1. Reporting of first-tier subawards.
a) Applicability. Unless the award recipient is exempt as provided in paragraph
[4.] of this award term, the award recipient must report each action that equals
or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or
Federal agency (see definitions in paragraph [5.] of this award term).
b) Where and when to report.
I.
The Federal entity or Federal agency must report each obligating action
described in paragraph [1.a.] of this award term to FSRS.gov.
II.
For subaward information, the recipient must report no later than the end
of the month following the month in which the obligation was made.
(For example, if the obligation was made on November 7, 2010, the
obligation must be reported by no later than December 31, 2010.)
c) What to report. The award recipient must report the information about each
obligating action that the submission instructions posted at FSRS.gov specify.
2. Reporting total compensation of recipient executives for non-Federal entities.
a) Applicability and what to report. The award recipient must report total
compensation for each of their five most highly compensated executives for
the preceding completed fiscal year, if—
I.
the total Federal funding authorized to date under this Federal award is
equal to or exceeds $30,000 and is subject to the Transparency Act, as
defined in 2 CFR 170.320;
II.
in the preceding fiscal year, the recipient received—

(A) 80% or more of the annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as defined in 2 CFR 170.320 (and
subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined in 2 CFR
170.320 (and subawards); and
III.
The public does not have access to information on the compensation of
the executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security
and Exchange Commission (SEC) total compensation filings)
b) Where and when to report. The award recipient must report executive total
compensation described in paragraph [2.a.] of this award term:
a. As part of your registration profile at SAM.gov.
b. By the end of the month following the month in which this award is
made, and annually thereafter.
3. Reporting of Total Compensation of Subrecipient Executives.
a) Applicability and what to report. Unless the recipient is exempt as provided in
paragraph [4.] of this award term, for each first-tier non-Federal entity
subrecipient under this award, the award recipient shall report the names and
total compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if—
I.
in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80% or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as defined in 2 CFR 170.320 (and
subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
II.
The public does not have access to information on the compensation of
the executives through periodic reports filed under Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see
the SEC total compensation filings)
b) Where and when to report. The award recipient must report subrecipient
executive total compensation described in paragraph [3.a] of this award term:
I.
To the recipient.
II.
By the end of the month following the month during which the recipient
makes the subaward. For example, if a subaward is obligated on any
date during the month of October of a given year (i.e., between October

1 and 31), the grant recipient must report any required compensation
information of the subrecipient by November 30 of that year.
4. Exemptions.
If, in the previous tax year, the award recipient had gross income, from all sources,
under $300,000, the recipient is exempt from the requirements to report:
a) Subawards; and
b) The total compensation of the five most highly compensated executives of any
subrecipient.
5. Definitions.
For purposes of this award term:
a) Federal Agency means a Federal agency as defined in 5 U.S.C. 551(1) and
further clarified by 5 U.S.C. 552(f).
b) Non-Federal Entity means all of the following, as defined in 2 CFR part 25:
I.
A Governmental organization, which is a State, local government, or
Indian tribe;
II.
A foreign public entity;
III.
A domestic or foreign nonprofit organization; and
IV.
A domestic or foreign for-profit organization.
c) Executive means officers, managing partners, or any other employees in
management positions.
d) Subaward:
I.
This term is used as a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the grant recipient received this award and that the grant recipient
as the recipient award to an eligible subrecipient.
II.
The term does not include the grant award recipient’s payment to a
contractor, as defined in 2 CFR 200.331, for property and services
needed to carry out the project or program.
III.
A subaward may be provided through any legal agreement, including an
agreement that the grant recipient or a subrecipient considers a contract.
e) Subrecipient means a non-Federal entity or Federal agency that:
I.
Receives a subaward from the grant award recipient under this award;
and
II.
Is accountable to the grant recipient for the use of the Federal funds
provided by the subaward.
f) Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
I.
Salary and bonus.
II.
Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
III.
Earnings for services under non-equity incentive plans. This does not
include group life, health, hospitalization, or medical reimbursement

plans that do not discriminate in favor of executives and are available
generally to all salaried employees.
IV.
Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
V.
Above-market earnings on deferred compensation which is not tax-
qualified.
VI.
Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites, or property) for
the executive exceeds $10,000.

E.3 Integrity and Performance Matters – FAPIIS
1. If the total value of the currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then the
award recipient during that period of time must maintain the currency of information
reported to the System for Award Management (SAM) that is made available in the
designated integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS)) about civil, criminal, or
administrative proceedings described in Paragraph 2 of this award term and condition.
This is a statutory requirement under Section 872 of Public Law 110-417, as amended
(41 U.S.C. 2313). As required by Section 3010 of Public Law 111-212, all
information posted in the designated integrity and performance system on or after
April 15, 2011, except past performance reviews required for Federal procurement
contracts, will be publicly available.

2. Proceedings about which the award recipient must report. Submit the information
required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement,
or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent 5-year period; and
c. Is one of the following:
I.
A criminal proceeding that resulted in a conviction, as defined in Paragraph 5.
of this award term;
II.
A civil proceeding that resulted in a finding of fault and liability and paying a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or
more;
III.
An administrative proceeding, as defined in Paragraph 5. of this award term,
that resulted in a finding of fault and liability and grant recipient payment of
either monetary fine or penalty of $5,000 or more or a reimbursement,
restitution, or damages in excess of $100,000; or
IV.
Any other criminal, civil, or administrative proceeding if:
(A) It could have led to an outcome described in Paragraph 2.c.I, II, or III of
this award term;
(B) It had a different disposition arrived at by consent or compromise with
an acknowledgment of fault on the grant recipient’s part; and

(C) The requirement in this award term to disclose information about the
proceeding does not conflict with applicable laws and regulations.

3. Reporting procedures. Enter in SAM, Entity Management area (formerly CCR), or
any successor system, the FAPIIS information that SAM requires about each
proceeding described in Paragraph 2 of this award term. The award recipient does not
need to submit the information a second time under assistance awards that were
received if the recipient already provided the information through SAM (formerly
CCR) because the recipient was required to do so under Federal procurement
contracts that the recipient was awarded.

4. Reporting frequency. During any period of time when the award recipient is subject
to the requirement in Paragraph 1 of this award term, the award recipient must report
FAPIIS information through SAM no less frequently than semiannually following the
initial report of any proceedings for the most recent 5-year period, either to report
new information about any proceeding(s) that the award recipient has not reported
previously or to affirm that there is no new information to report.

5. Definitions. For purposes of this award term:

a. Administrative proceeding means a non-judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., SEC
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and
Armed Services Board of Contract Appeals proceedings). This includes
proceedings at the Federal and State level. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term, means a judgment or conviction of a
criminal offense by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement
contracts includes —
I.
Only the Federal share of the funding under any award with a recipient cost
share or match; and
II.
The value of all options, even if not yet exercised.

E.4 Audits
Organization-wide or program-specific audits must be performed in accordance with Subpart
F, the Audit Requirements of the Uniform Guidance. DOL award recipients that expend
$750,000 or more in a year from any Federal awards must have an audit conducted for that
year in accordance with the requirements contained in 2 CFR 200.501. OMB’s approved
DOL exception at 2 CFR 2900.2 expands the definition of ‘non-Federal entity’ to include
for-profit entities and foreign entities. As such, for-profit and foreign entities that are
recipients/subrecipients of a DOL award must adhere to the Uniform Guidance at 2 CFR 200,
including Subpart F. Audits of direct award recipients that are for-profit and foreign entities
must be submitted directly to: USDOL ETA-OGM, Attn: Audit Resolution, 200 Constitution

Ave NW, Room N-4716, Washington, DC 20210. All other audit reports are submitted
through the Federal Audit Clearinghouse

The recipient is prohibited from earning a profit resulting from the implementation of this
cooperative agreement. As directed in 2 CFR 200.400(g), non-Federal entities may not earn
or keep any profit resulting from Federal financial assistance unless explicitly authorized in
the Federal Award Terms. Additionally, the provision on profit only applies to WIOA Title 1
programs at 20 CFR 683.295
E.5 Audit Submission Deadline Extension Related to COVID-19
In OMB Memorandum M-20-17, OMB offered an extension of Single Audit submission
deadlines for fiscal years ending June 30, 2020 to allow recipients and subrecipients a
responsible transition to normal operations. This flexibility was extended through December
31, 2020 by OMB Memorandum 20-26.

In OMB Memorandum M-21-20, Appendix 3, Item IX, OMB has offered an additional
extension of Single Audit submission deadlines for fiscal years ending June 30, 2021. Award
recipients and subrecipients that have not yet filed their single audits with the Federal Audit
Clearinghouse as of March 19, 2021, that have fiscal year-ends through June 30, 2021, may
delay the completion and submission of the Single Audit reporting package, as required
under 2 CFR 200.501 (Audit Requirements), to six (6) months beyond the normal due date.
This extension does not require individual recipients and subrecipients to seek approval for
the extension by the cognizant or oversight agency for audit; however, recipients and
subrecipients should maintain documentation of the reason for the delayed filing.

E.6 Closeout/Final Year Requirements
At the end of the grant period, the award recipient will be required to close the grant with the
ETA. The grant and cooperative agreement award recipient will be notified approximately 15
days prior to the end of the period of performance that the closeout process will begin when
the period of performance ends. See ETA’s Grant Closeout webpage for further information
on the closeout process. The recipient’s responsibilities at closeout may be found at 2 CFR
200.344. During the closeout process, the award recipient must be able to provide
documentation for all direct and indirect costs that are incurred. For instance, if an
organization is claiming indirect costs, the required documentation is a NICRA or CAP
issued by the award recipient’s FCA. For those approved to utilize a de minimis rate for
indirect costs, the grant agreement or cooperative agreement is sufficient documentation. Not
having documentation for direct or indirect costs will result in costs being disallowed and
subject to debt collection.

The only liquidation that can occur during closeout is the liquidation of accrued expenditures
(NOT obligations) for goods and/or services received during the period of performance
specified in this award (NOA) (2 CFR 2900.15).

Part F: National Policy and Restrictions
F.1 Architectural Barriers
The Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq., as amended, the Federal
Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal
Accessibility Standards issued by the U.S. General Services Administration (GSA) (see 36
CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and
usable by, the physically handicapped and include minimum design standards. All new
facilities designed or constructed with grant support must comply with these requirements.

F.2 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the
greatest extent practicable under a Federal award, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including
but not limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of 2 CFR Part 200.322 must be included in all subawards including all
contracts and purchase orders for work or products under this award.
F.3 Drug-Free Workplace
The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all
award recipients receiving awards from any Federal agency maintain a drug-free workplace.
The award recipient must notify the awarding office if an employee of the recipient is
convicted of violating a criminal drug statute. Failure to comply with these requirements may
be cause for suspension or debarment.

F.4 Flood Insurance
The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides that
no Federal financial assistance to acquire, modernize, or construct property may be provided
in communities in the United States identified as flood-prone, unless the community
participates in the National Flood Insurance Program and flood insurance is purchased within
1 year of the identification. The flood insurance purchase requirement applies to both public
and private applicants for the DOL support. Lists of flood-prone areas that are eligible for
flood insurance are published in the Federal Register by FEMA.

F.5 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: the
copyright in all products developed under the grant, including a subgrant or contract under
the grant or subgrant; and any rights of copyright to which the grant award recipient,
subrecipient 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 license fee for use of a copyrighted
work, or the cost of acquiring by purchase a copyright in a work, where the DOL/ETA has a
license or rights of free use in such work, although they may be used to pay costs for
obtaining a copy which is limited to the developer/seller costs of copying and shipping.

If revenues are generated by selling products developed with grant funds, including
intellectual property, these revenues are considered as program income. Program income
must be used in accordance with the provisions of this grant award and 2 CFR 200.307.

The following language must be on all workforce products developed in whole or in part
with grant funds:

“This workforce product was funded by a grant awarded by the U.S. Department
of Labor (DOL)’s Employment and Training Administration. The product was
created by the recipient and does not necessarily reflect the official position of
DOL/ETA. DOL/ETA 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 product is copyrighted by the institution that
created it.”

F.6 Promoting Equitable Delivery of Government Benefits and Equal Opportunity
The Department of Labor (Labor) seeks to affirmatively advance equity, civil rights and
equal opportunity in the policies, programs, and services it provides. Therefore, consistent
with Executive Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, grant and cooperative award recipients must
execute the terms and conditions of their award in a manner that advances equity for all,
including people of color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality. This extends to all award
activities including, but not limited to, service delivery, selection of subrecipients and
contractors, and procurement of goods and services. Government programs are designed to
serve all eligible individuals. As an expectation, Labor’s award recipients should make the
goods and services they provide widely available with the goal of effectively serving a
diverse population of eligible individuals; fairly, justly, and impartially in administering the
grant award. Award recipients are encouraged to engage in contracting and subcontracting
for goods and services related to performing the terms and conditions of their grants in such a
way to achieve equity.
The term “equity” means the consistent and systematic fair, just, and impartial treatment of
all individuals, including individuals who belong to underserved communities that have been
denied such treatment, such as Black, Latino, and Indigenous and Native American persons,
Asian Americans and Pacific Islanders and other persons of color; members of religious
minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with

disabilities; persons who live in rural areas; and persons otherwise adversely affected by
persistent poverty or inequality.
The term “underserved communities” refers to populations sharing a particular characteristic,
as well as geographic communities, that have been systematically denied a full opportunity to
participate in aspects of economic, social, and civic life, as exemplified by the list in the
preceding definition of “equity.”
F.7 Personally Identifiable Information
The award recipient(s) must recognize and safeguard Personally Identifiable Information
(PII) except where disclosure is allowed by prior written approval of the Grant Officer or by
court order. Award recipients must meet the requirements in TEGL No. 39-11, Guidance on
the Handling and Protection of PII.

F.8 Publicity
Pursuant to P.L. 117-103, Division H, Title V, Section 503, the award recipient is not
authorized to use any funds provided under this award—other than for normal and
recognized executive–legislative relationships—for publicity or propaganda purposes, for the
preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation, designed to support or defeat
legislation pending before the Congress or any state or local legislature or legislative body,
except in presentation to the Congress or any state or local legislature itself, or designed to
support or defeat any proposed or pending regulation, administrative action, or order issued
by the executive branch of any state or local government, except in presentation to the
executive branch of any state or local government itself.

F.9 Telecommunications Prohibition
Award recipients must adhere to 2 CFR 200.216 - Prohibition on certain telecommunications
and video surveillance services or equipment (effective August 13, 2020).

Award recipients, including grant and cooperative agreements, and subrecipients are
prohibited from obligating or expending loan or grant funds to:
Procure or obtain;
Extend or renew a contract to procure or obtain; or
Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any

subsidiary or affiliate of such entities). Including telecommunications or video surveillance
services provided by such entities or using such equipment and telecommunications or video
surveillance equipment or services produced or provided by an entity that the Secretary of
Defense, in consultation with the Director of the National Intelligence or the Director of the
Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country.

In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to
transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and customers is
sustained. See Public Law 115-232 (section 889) and 2 CFR 200.471 for additional
information.

F.10 Veterans’ Priority Provisions
The Jobs for Veterans Act (Public Law 107-288) requires award recipients to provide priority
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
the DOL. The regulations implementing this priority of service can be found at 20 CFR Part
1010. In circumstances where an award recipient must choose between two qualified
candidates for a service, one of whom is a veteran or eligible spouse, the veterans’ priority of
service provisions require that the award recipient give the veteran or eligible spouse priority
of service by first providing him or her that service. To obtain priority of service, a veteran or
spouse must meet the program’s eligibility requirements. Award recipients must comply with
the DOL guidance on veterans’ priority. ETA’s 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.

F.11 Waste, Fraud and Abuse
No entity receiving federal funds may require employees or contractors of such entity
seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.
F.12 Whistleblower Protection
All employees working for contractors, grantees/ grant recipients, subcontractors,
subgrantees/ subrecipients, and recipients of cooperative agreements working on this Federal
award are subject to the whistleblower rights and remedies established at 41 U.S.C.
4712. The award recipient shall inform its employees and applicable contractors and
subrecipients, in writing, in the predominant language of the workforce, of employee
whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of

the Federal Acquisition Regulation. The award recipient shall insert the substance of this
clause in all subawards and contracts over the Simplified Acquisition Threshold.
F.13 Executive Order 12928 - Historically Black Colleges and Universities and other
Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and
Universities
Pursuant to Executive Order (EO) 12928, the award recipient is strongly encouraged to
provide subcontracting/subgranting opportunities to Historically Black Colleges and
Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal
Colleges and Universities; and to Small Businesses Owned and Controlled by Socially and
Economically Disadvantaged Individuals.

F.14 Executive Order 13043 - Increasing Seat Belt Use
Pursuant to EO 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the award recipients are encouraged to adopt and enforce on-the-job seat belt policies and
programs for their employees when operating company-owned, rented, or personally owned
vehicles.

F.15 Executive Order 13166 - Improving Access to Services for Persons with Limited
English Proficiency
As clarified by EO 13166, Improving Access to Services for Persons with Limited English
Proficiency, dated August 11, 2000, and resulting agency guidance, national origin
discrimination includes discrimination on the basis of limited English proficiency (LEP). To
ensure compliance with Title VI, award recipients must take reasonable steps to ensure that
LEP persons have meaningful access to programs in accordance with DOL’s Policy
Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with
Limited English Proficiency, 68 FR 32289 (May 29, 2003). Meaningful access may entail
providing language assistance services, including oral and written translation, where
necessary. Award recipients are encouraged to consider the need for language services for
LEP persons served or encountered both in developing budgets and in conducting programs
and activities. For assistance and information regarding your LEP obligations, go to
LEP.gov.

F.16 Executive Order 13513 - Federal Leadership On Reducing Text Messaging While
Driving
Pursuant to EO 13513, Federal Leadership On Reducing Text Messaging While Driving,
dated October 1, 2009, award recipients and subrecipients are encouraged to adopt and
enforce policies that ban text messaging while driving company-owned or -rented vehicles or
government-owned vehicles (GOV), or while driving privately-owned vehicles (POV) when
on official Government business or when performing any work for or on behalf of the
Government. Award recipients and subrecipients are also encouraged to conduct initiatives of
the type described in section 3(a) of this order.

F.17 Executive Order 14005 - Ensuring the Future Is Made in All of America by All of
America's Workers
Pursuant to EO 14005, Ensuring the Future Is Made in All of America by All of America's
Workers, the award recipient agrees to comply with all applicable Made in America Laws (as
defined in the EO), including the Buy American Act at 41 USC sections 8301-8305. For the
purposes of this award, the grant and cooperative award recipient is required to maximize the
use of goods, products, and materials produced in, and services offered in, the United States,
in accordance with the Made in America Laws. No funds may be made available to any
person or entity (including as a contractor or subrecipient of the award recipient) that has
been found to be in violation of any Made in America Laws.

“Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating
to Federal financial assistance awards or Federal procurement, including those that refer to
“Buy America” or “Buy American,” that require, or provide a preference for, the purchase or
acquisition of goods, products, or materials produced in the United States, including iron,
steel, and manufactured goods offered in the United States. Made in America Laws include
laws requiring domestic preference for maritime transport, including the Merchant Marine
Act of 1920 (Public Law 66-261), also known as the Jones Act.

F.18 Salary and Bonus Limitations
Pursuant to P.L. 117-103, Division H, Title I, Section 105, award recipients and subrecipients
shall not use funds to pay the salary and bonuses of an individual, either as direct costs or as
indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may
change yearly and is located on the OPM.gov website. The salary and bonus limitation does
not apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.331.
Where States are recipients of such funds, States may establish a lower limit for salaries and
bonuses of those receiving salaries and bonuses from subrecipients, taking into account
factors including the relative cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size of the organizations that
administer Federal programs involved including ETA programs. See TEGL 5-06 for further
clarification.

F.19 Harassment Prohibited
The grant recipient and any subrecipients are prohibited from engaging in harassment of an
individual based on race, color, religion, sex, national origin, age, disability, or political
affiliation or belief, or, for beneficiaries, applicants, and participants only, based on
citizenship status or participation in any WIOA Title I-financially assisted program or
activity. Harassing conduct of this type is a violation of the nondiscrimination provisions of
WIOA and of 29 CFR Part 38.
Unwelcome sexual advances, requests for sexual favors, or offensive remarks about a
person's race, color, religion, sex, national origin, age, disability, political affiliation or
belief, or citizenship or participation, and other unwelcome verbal or physical conduct

based on one or more of these protected categories constitutes unlawful harassment on
that basis(es) when:
Submission to such conduct is made either explicitly or implicitly a term or condition
of accessing the aid, benefit, service, or training of, or employment in the
administration of or in connection with, any WIOA title I-financially assisted
program or activity; or
Submission to, or rejection of, such conduct by an individual is used as the basis for
limiting that individual's access to any aid, benefit, service, training, or employment
from, or employment in the administration of or in connection with, any WIOA Title
I-financially assisted program or activity; or
Such conduct has the purpose or effect of unreasonably interfering with an
individual's participation in a WIOA Title I-financially assisted program or activity
creating an intimidating, hostile or offensive program environment.
Harassment because of sex includes harassment based on gender identity or sexual
orientation; harassment based on failure to comport with sex stereotypes; and harassment
based on pregnancy, childbirth, and related medical conditions. Sex-based harassment
may include harassment that is not sexual in nature but that is because of sex or where
one sex is targeted for the harassment.
Part G: National Prohibitions and Other Restrictions
G.1Contracting with Corporations with Felony Criminal Convictions Prohibited
The award recipient may not knowingly enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months.

G.2 Contracting with Corporations with Unpaid Tax Liabilities Prohibited
The award recipient may not knowingly enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.

G.3 Trafficking in Persons Prohibited
1. This part establishes a government-wide award term for grants and cooperative
agreements to implement the requirement in regard to Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
I. The award recipient, the award recipient’s employees, subrecipients
under this award, and subrecipients' employees may not—

(A). Engage in severe forms of trafficking in persons during the
period of time that the grant award is in effect; or
(B). Procure a commercial sex act during the period of time that
the award is in effect; or
(C). Use forced labor in the performance of the award or
subawards under the award.
II. DOL/ETA as the Federal awarding agency may unilaterally terminate
this award, without penalty, if the award recipient or a subrecipient that is
a private entity —
(A). Is determined to have violated a prohibition in paragraph a.I
of this award term; or
(B). Has an employee who is determined by the agency official
authorized to terminate the award to have violated a prohibition in
paragraph a.I of this award term through conduct that is either—
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards
and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180,
“OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),” as
implemented by our agency at 2 CFR Part 2998.
b. Provision applicable to a recipient other than a private entity. DOL/ETA as the
Federal awarding agency may unilaterally terminate this award, without penalty,
if a subrecipient that is a private entity—
I. Is determined to have violated an applicable prohibition in paragraph a.I
of this grant award term; or
II. Has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in
paragraph a.I of this grant award term through conduct that is either—
(A). Associated with performance under this award; or
(B). Imputed to the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by our agency at
29 CFR Part 98.
c. Provisions applicable to any recipient.
I. The award recipient must inform DOL/ETA immediately of any
information the award recipient receives from any source alleging a
violation of a prohibition in paragraph a.1 of this grant award term.
II. DOL/ETA right to terminate unilaterally that is described in paragraph
a.II or b of this section:
(A). Implements section 106(g) of the Trafficking Victims
Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and

(B). Is in addition to all other remedies for noncompliance that are
available to DOL/ETA under this grant award.
III. The award recipient must include the requirements of paragraph a.I of
this award term in any subaward the award recipient make to a private
entity.
d. Definitions. For purposes of this award term:
I. “Employee” means either:
(A). An individual employed by the grant award recipient or a
subrecipient who is engaged in the performance of the project or
program under this award; or
(B). Another person engaged in the performance of the project or
program under this grant award and not compensated by the grant
recipient including, but not limited to, a volunteer or individual
whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
II. “Forced labor” means labor obtained by any of the following methods:
the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
III. “Private entity”:
(A). Means any entity other than a State, local government, Indian
tribe, or foreign public entity, as those terms are defined in 2 CFR
175.25.
(B). Includes:
i. A nonprofit organization, including any nonprofit
institution of higher education, hospital, or tribal
organization other than one included in the definition of
Indian tribe at 2 CFR 175.25(b).
ii. A for-profit organization.
IV. “Severe forms of trafficking in persons,” “commercial sex act,” and
“coercion” have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).

G.4 Health Benefits Coverage for Contraceptives
Federal funds may not be used to enter in to or renew a contract which includes a provision
for prescription drug coverage unless the contract also includes a provision for contraceptive
coverage. This requirement does not apply to contracts with 1) the religious plans Personal
Care’s HMO and OSF Health Plans, Inc. and 2) any existing or future plan if the carrier for
the plan objects to such coverage on the basis of religious beliefs.
In implementing this section, any plan that enters into or renews a contract may not subject
any individual to discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be contrary to the
individuals’ religious beliefs or moral convictions. Nothing in this term shall be construed to
require coverage of abortion or abortion related services.

G.5 Health Benefits Coverage for Abortions Restricted
Pursuant to P.L. 117-103, Division H, Title V, Section 506 and 507, Federal funds may not
be expended for health benefits coverage that includes coverage of abortions, except when
the pregnancy is the result of rape or incest, or in the case where a woman suffers from a
physical disorder, physical injury, or physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy itself that would, as certified by a
physician, place the women in danger of death unless an abortion is performed. This
restriction does not prohibit any non-Federal entity from providing health benefits coverage
for abortions when all funds for that specific benefit do not come from a Federal source.
Additionally, no funds made available through this grant award may be provided to a State or
local government if such government subjects any institutional or individual health care
entity to discrimination on the basis that the health care entity does not provide, pay for,
provide coverage of, or refer for abortions.

G.6 Fair Labor Standards Act Amendment for Major Disasters
Pursuant to P.L. 117-103, Division H, Title I, Section 108, the Fair Labor Standards Act of
1938 (FLSA) will apply as if the following language was added to Section 7 (the Maximum
Hours Worked Section). This language specifically relates to occurrences of a major disaster
(as declared or designated by the state or federal government) and are applied for a period of
two years afterwards. The language is as follows:

“(s)(1) The provisions of this section [maximum hours worked] shall not apply for a
period of 2 years after the occurrence of a major disaster to any employee—
(A) employed to adjust or evaluate claims resulting from or relating to such major
disaster, by an employer not engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability insurance policies or contracts;
(B) who receives from such employer on average weekly compensation of not less than
$591.00 per week or any minimum weekly amount established by the Secretary,
whichever is greater, for the number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and (C) whose duties include any of the
following:
(i) interviewing insured individuals, individuals who suffered injuries or other damages
or losses arising from or relating to a disaster, witnesses, or physicians;
(ii) inspecting property damage or reviewing factual information to prepare damage
estimates;
(iii) evaluating and making recommendations regarding coverage or compensability of
claims or determining liability or value aspects of claims;
(iv) negotiating settlements; or
(v) making recommendations regarding litigation.
(2) The exemption in this subsection shall not affect the exemption provided by section
13(a)(1) [of the FLSA].
(3) For purposes of this subsection—
(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by
any State or Federal agency or department;

(B) the term ‘employee employed to adjust or evaluate claims resulting from or relating
to such major disaster’ means an individual who timely secured or secures a license
required by applicable law to engage in and perform the activities described in clauses (i)
through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance coverage or protection for its
employees, if required by applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and any benefits of such
employees; and
(C) the term ‘affiliate’ means a company that, by reason of ownership or control of 25%
or more of the outstanding shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by, or is under common control
with, another company.”

G.7 Lobbying/Advocacy Restricted
Pursuant to P.L. 117-103, Division H, Title V, Section 503, no federal funds may be used to
pay the salary or expenses of any grant recipient, or agent acting for such recipient, related to
any activity designed to influence the enactment of legislation, appropriations, regulation,
administrative action, or executive order proposed or pending before the Congress or any
state government, state legislature or local legislature or legislative body, other than for
normal and recognized executive–legislative relationships or participation by an agency or
officer of a state, local or tribal government in policymaking and administrative processes
within the executive branch of that government.

G.8 Blocking Pornography Required
Pursuant to P.L. 117-103, Division H, Title V, Section 520, no Federal funds may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.

G.9 Privacy Act
No funds can be used in contravention of 5 U.S.C. 552a (the Privacy Act) or regulations
implementing the Privacy Act.

G.10 Procuring Goods Obtained Through Child Labor Prohibited
Pursuant to P.L. 117-103, Division H, Title I, Section 103, no Federal funds may be
obligated or expended for the procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced or indentured child labor in
industries and host countries identified by the DOL prior to December 20, 2019. DOL has
identified these goods and services at ILAB’s List of Products Produced by Forced or
Indentured Child Labor webpage.

31
G.11 Promotion of Drug Legalization Restricted
Pursuant to P.L. 117-103, Division H, Title V, Section 509, no Federal funds shall be used
for any activity that promotes the legalization of any drug or other substance included in
Schedule I of the schedules of controlled substances established under Section 202 of the
Controlled Substances Act except for normal and recognized executive-congressional
communications or where there is significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that federally sponsored clinical trials are being
conducted to determine therapeutic advantage.
G.12 Public Communications – Certain Information Requirement
Pursuant to P.L. 117-103, Division H, Title V, Section 505, when issuing statements, press
releases, requests for proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all non-Federal entities receiving
Federal funds shall clearly state:
1. The percentage of the total costs of the program or project which will be financed
with Federal money;
2. The dollar amount of Federal funds for the project or program; and
3. The percentage and dollar amount of the total costs of the project or program that will
be financed by non-governmental sources.
The requirements of this term are separate from those in 2 CFR Part 200 and, when
applicable, both must be complied with.
G.13 Purchase of Sterile Needles or Syringes Restricted
Pursuant to P.L. 117-103, Division H, Title V, Section 526, no Federal funds shall be used to
purchase sterile needles or syringes for the hypodermic injection of any illegal drug.