PY2020 FEDERAL AWARD.PDF

Maricopa County — Formal (2020-11-18)

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PY 2020 Workforce Innovation and Opportunity Act (WIOA)
Youth, Adult, and Dislocated Worker Programs
Terms and Conditions
Table of Contents

1.
Order of Precedence ............................................................................................................3
2.
Notice of Award ..................................................................................................................3
3.
Training and Employment Guidance Letter (TEGL) No. 16-19 ....................................................3
4.
Approved Budget ................................................................................................................3
5.
Federal Project Officer .........................................................................................................4
6.
Return of Funds ..................................................................................................................4
7.
Evaluation, Data, and Implementation...................................................................................4
8.
Resources and Information...................................................................................................4
9.
Cost Limitation Restrictions ..................................................................................................4
a. Administrative Costs ............................................................................................................4
b. Budget Flexibility .................................................................................................................5
c. Consultants.........................................................................................................................5
d. Travel.................................................................................................................................5
e. Travel – Foreign ...................................................................................................................5
f. Travel – Mileage Reimbursement Rates ..................................................................................6
g. WIOA Infrastructure .............................................................................................................6
10. Administrative Requirements ...............................................................................................7
a. Assurances and Certifications ................................................................................................7
b. Audits ................................................................................................................................7
c. Changes in Micro-purchase and Simplified Acquisition Thresholds ..............................................7
d. Closeout/Final Year Requirements .........................................................................................7
e. Equipment ..........................................................................................................................8
f. Federal Funding Accountability and Transparency Act (FFATA) ...................................................8
g. Intellectual Property Rights ................................................................................................. 10
h. Pay for Performance Contract Strategies ............................................................................... 11
i. PY 2019 Administrative Costs Limits (WIOA Title I Only)........................................................... 11
j. PY 2019 Rapid Response Activities (WIOA Title I Only) ............................................................. 12
k. Personally Identifiable Information....................................................................................... 12
l. Pre-Award ........................................................................................................................ 12
m. Procurement ..................................................................................................................... 12
n. Program Income ................................................................................................................ 12
o. Publicity ........................................................................................................................... 12
p. Recipient Integrity and Performance Matters......................................................................... 13
q. Reports ............................................................................................................................ 14
r. Requirements for Conference and Conference Space .............................................................. 14
s. Subawards ........................................................................................................................ 15
t. Supportive Services & Participant Support Costs .................................................................... 15
u. System for Award Management ........................................................................................... 15
v. SAM Registration Validation ................................................................................................ 16
w. Vendor/Contractor ............................................................................................................ 16

x. Whistleblower Protection ................................................................................................... 16
11. Program Requirements ...................................................................................................... 17
12. Fiscal Year (FY) 2020 Federal Appropriations Requirements ................................................... 17
a. Fair Labor Standards Act Amendment for Major Disasters ....................................................... 17
b. Health Benefits Coverage for Contraceptives ......................................................................... 18
c. Privacy Act ........................................................................................................................ 18
d. Prohibition on Contracting with Corporations with Felony Criminal Convictions .......................... 18
e. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities ................................... 18
f. Prohibition on Procuring Goods Obtained Through Child Labor ................................................ 18
g. Prohibition on Providing Federal Funds to ACORN .................................................................. 19
h. Reporting of Waste, Fraud and Abuse ................................................................................... 19
i. Requirement for Blocking Pornography................................................................................. 19
j. Requirement to Provide Certain Information in Public Communications .................................... 19
k. Restriction on Health Benefits Coverage for Abortions ............................................................ 19
l. Restriction on Lobbying/Advocacy........................................................................................ 20
m. Restriction on the Promotion of Drug Legalization .................................................................. 20
n. Restriction on Purchase of Sterile Needles or Syringes............................................................. 20
o. Salary and Bonus Limitations ............................................................................................... 20
13. Public Policy ..................................................................................................................... 20
a. Architectural Barriers ......................................................................................................... 20
b. Drug-Free Workplace ......................................................................................................... 21
c. Executive Orders ............................................................................................................... 21
d. Flood Insurance ................................................................................................................. 22
e. Hotel-Motel Fire Safety....................................................................................................... 22
f. Prohibition on Trafficking in Persons..................................................................................... 22
g. Veterans’ Priority Provisions................................................................................................ 24
14. Attachments..................................................................................................................... 24
Attachment A: SF-424

1.
Order of Precedence
In the event of any inconsistency between the terms and conditions of this Notice of Award and
other requirements, the following order of precedence shall apply:
I.
Workforce Innovation and Opportunity Act (Pub. L. 113-128).
II.
Other applicable Federal statutes.
III.
Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94)
IV.
Implementing Regulations.
V.
Executive Orders.
VI.
OMB Guidance, including the Uniform Guidance at 2 CFR 200 and 2900.
VII.
DOL-ETA Directives.
VIII.
Terms and conditions of this award.

2.
Notice of Award
The funds that are provided under this Notice of Award must be expended according to all
applicable Federal statutes, regulations and policies, including those of the Workforce
Innovation and Opportunity Act; the applicable approved State WIOA plan including approved
modifications and amendments to the plan, and any waiver plan approved under WIOA Sec.
189(i)(3) or Workforce Flexibility (Workflex) plan approved under WIOA Sec. 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 Notice of Award (NOA) grant modification. These
obligations and expenditures may not exceed the amount awarded by the NOA modification
unless otherwise modified by the ETA.

3.
Training and Employment Guidance Letter (TEGL) No. 16-19
Training and Employment Guidance Letter (TEGL) No. 16-19 and any amendments
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8295 are hereby incorporated into this
Grant Agreement. Award recipients are bound by the authorizations, restrictions, and
requirements contained in the TEGL. Therefore, the expenditure of grant funds by the award
recipient certifies that (your organization has read and will comply with all the parts that are
contained in the Notice of Award (NOA).

4.
Approved Budget
The award recipient’s budget documents are attached in this Notice of Award. The documents
are: 1) the SF-424, included as Attachment A. As the award recipient, your organization must
confirm that all costs are allowable before creating any expenses. 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 200 or your grant award as requiring prior approval. The Grant Officer is the only official
with the authority to provide such approval.

5.
Federal Project Officer
The DOL/ETA Federal Project Officer (FPO) for this award is:

Name: Jeffrey Patton
Telephone: 415-625-7945
E-mail: Patton.Jeffrey.D@dol.gov

The FPO 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.

6.
Return of Funds
Effective October 1, 2017, the U.S. Department of Labor, Employment & Training Administration
will no longer be accepting paper checks for any type of returned funds. All return of funds are
to be submitted electronically through the Payment Management System (PMS) operated by
the U.S. Department of Health and Human Resources via the same method as a drawdown.

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

7.
Evaluation, Data, and Implementation
As the award recipient, your organization must cooperate during the implementation of a third-
party evaluation. This means providing DOL or its authorized contractor with the appropriate
data and access to program operating personnel and participants in a timely manner.

8.
Resources and Information
Additional resources and information to assist you are located on the ETA website at
https://www.doleta.gov/grants/resources.cfm and on the Grants Application and Management
collection page located on WorkforceGPS.org at
https://grantsapplicationandmanagement.workforcegps.org/. These sites contains information
about the Uniform Guidance, grant terms and conditions, financial reporting, indirect costs,
recipient training resources, and other relevant information.

9. Cost Limitation Restrictions
a. Administrative Costs
Under the Workforce Innovation and Opportunity Act, administrative costs are defined and
discussed in 20 CFR 683.215. There is a 10 percent limitation on administrative costs on funds
that are awarded under this grant. Under no circumstances may the administrative costs
exceed this limit. Award recipients will be evaluated based on their compliance to the limits of
the administrative costs during close out. Any amounts that exceeds this limitation will be
disallowed and subject to debt collection.

b. Budget Flexibility
Federal 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 Statement of Work and agreed upon outcomes or deliverables require a request for
modification and prior approval from the Grant Officer.

As directed in 2 CFR 200.308(e), for programs where the Federal share is over the simplified
acquisition threshold (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 percent 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 SF424(a) do not require a grant modification
unless the change results in a cumulative transfer among direct cost categories exceeding 10%
of total budget as noted above. It is recommended that your assigned FPO review any within-
line changes to your budget prior to implementation to ensure they do not require a
modification. For programs where the Federal share is below the simplified acquisition
threshold, recipients are not required to obtain the Grant Officer’s approval when transferring
funds among direct cost categories. This includes transferring direct costs to the indirect cost
category contained on the SF424 (a).

c. Consultants
For the purposes of this award, the ETA Grant Officer has determined that fees paid to a
consultant who provides services under a program shall be limited to $710 per day
(representing an eight hour work day). Any fees paid in excess of this amount cannot be paid
without prior approval from the Grant Officer.

d. Travel
This award waives the prior approval requirement for domestic travel as contained in 2 CFR
200.474. For domestic travel to be an allowable cost, it must be necessary, reasonable, allocable
and conform to the non-Federal entities 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 US Flag
air carrier if service provided by such carrier is available.

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

f. Travel – Mileage Reimbursement Rates
Pursuant to 2 CFR 200.474(a), all award recipients must have policies and procedures in place
related to travel costs; however, for reimbursement on a mileage basis, this Federal award
cannot be charged more than the maximum allowable mileage reimbursement rates for Federal
employees. The 2020 mileage reimbursement rates are:

Modes of Transportation
Effective/Applicability
Date
Rate per
mile
Privately owned automobile
January 1, 2020
$0.575
Privately owned motorcycle
January 1, 2020
$0.545
Mileage rates must be checked annually at www.gsa.gov/mileage to ensure compliance.

g. WIOA Infrastructure
WIOA sec. 121(b)(1)(B)and 20 CFR 678.400 require the following programs to be One-Stop
partners: A. WIOA title I programs: Adult, Dislocated Worker, and Youth formula programs; Job
Corps; YouthBuild; Native American programs; National Farmworker Jobs Program (NFJP); B.
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; C. Senior Community Service Employment
Program (SCSEP) authorized under title V of the Older Americans Act of 1965; D. Trade
Adjustment Assistance (TAA) activities authorized under chapter 2 of title II of the Trade Act of
1974; E. Unemployment Compensation (UC) programs; F. Jobs for Veterans State Grants
(JVSG) programs authorized under chapter 41of title 38, U.S.C.; and G. Reentry Employment
Opportunities (REO) programs (formerly known as Reintegration of Ex-Offenders Program
(RExO) awarded prior to January 1, 2019 which were authorized under sec. 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).

With the exception of Native American programs established under WIOA sec. 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 as required in 20 CFR 678.700
and 678.760. While Native American programs are not required to contribute to infrastructure
costs per WIOA 121(h)(2)(D)(iv), they are strongly encouraged to contribute as stated in TEGL
17-16. The sharing and allocation of infrastructure costs between One-Stop partners is
governed by WIOA sec. 121(h), WIOA’s implementing regulations, and the Federal Cost
Principles contained in the Uniform Guidance at 2 CFR part 200and DOL’s exceptions at 2 CFR
part 2900. The Federal Cost Principles state that a partner’s contribution is an allowable,
reasonable, necessary, and allocable cost to the program and is consistent with other legal
requirements.

10.
Administrative Requirements
a. Assurances and Certifications
The signed SF-424, Application for Federal Assistance, has been included as an attachment to
this grant. 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 organization is in
compliance with the Assurances and Certifications form SF-424B (available at
http://apply07.grants.gov/apply/forms/sample/SF424B-V1.1.pdf). You do not need to submit
the SF-424B form separately.
b. Audits
Organization-wide or program-specific audits shall be performed in accordance with Subpart F,
the Audit Requirements of the Uniform Guidance which apply to audits for fiscal years beginning
on or after December 26, 2014. DOL awards recipients including for-profit and foreign entities
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 exception at 2 CFR 2900.2 expands the definition of ‘non-Federal entity’ to
include for-profit entities and foreign entities. For-profit and foreign entities that are recipients
or subrecipients of a DOL award must adhere to the Uniform Guidance at 2 CFR 200.
c. Changes in Micro-purchase and Simplified Acquisition Thresholds
The Office of Management and Budget memorandum (M-18-18), issued on June 20, 2018,
increased the threshold for micro-purchases under Federal financial assistance awards from
$3,500 to $10,000 and the threshold for simplified acquisitions under Federal financial
assistance awards from $100,000 to $250,000. Please note that these two threshold increases
were effective for all Employment and Training (ETA) grantees as of October 1, 2018. All ETA
grantees should carefully review the above-referenced memorandum and make any necessary
updates to their financial and administrative policies, procedures and systems as a result of
these threshold increases.
d. Closeout/Final Year Requirements
At the end of the grant period, the award recipient will be required to close the grant with the
ETA. As the award recipient, your organization will be notified approximately 15 days prior to
the end of the period of performance that the closeout process will begin once the grant ends.
The information concerning the recipient’s responsibilities at closeout may be found at 2 CFR
200.343. During the closeout process, the grantee 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 documentation that is required is a Negotiated Indirect Cost Rate Agreement or Cost
Allocation Plan issued by the grantee’s Federal cognizant agency. Documentation for those
approved to utilize a de minimis rate for indirect costs is demonstrated through the grant
agreement. 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 grant period (2 CFR 2900.15).

e. Equipment
The requirement that grant recipients obtain prior approval from the Federal Grantor agency 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 Part 683.200, and approval authority is delegated to the Governor.
Notwithstanding this waiver, the Grantor reserves the right to reimpose the requirement of
prior approval by the Grantor, after providing advance notice to the State (Grantee).

f. Federal Funding Accountability and Transparency Act (FFATA)
1. Reporting of first-tier subawards.
I.
Applicability. Unless your organization is exempt as provided in paragraph [4.] of
this award term, you must report each action that obligates $25,000 or more in
Federal funds that does not include Recovery funds (as defined in section 1512(a)(2)
of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a
subaward to an entity (see definitions in paragraph [5.] of this award term).
II.
Where and when to report.
I.
You must report each obligating action described in paragraph [1.i.] of this
award term to https://www.fsrs.gov.
II.
For subaward information, you 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.)
III.
What to report. You must report the information about each obligating action that
the submission instructions posted at https://www.fsrs.gov specify.
2. Reporting Total Compensation of Recipient Executives.
I.
Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if—
I.
the total Federal funding authorized to date under this award is $25,000 or
more;
II.
in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 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 at 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 total compensation filings at
https://www.sec.gov/answers/execomp.htm.)
II.
Where and when to report. You must report executive total compensation described
in paragraph [2.a.] of this award term:
a. As part of your registration profile at http://www.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.
I.
Applicability and what to report. Unless you are exempt as provided in paragraph
[4.]of this award term, for each first-tier subrecipient under this award, you 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 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 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 U.S. Security and Exchange
Commission total compensation filings at
https://www.sec.gov/answers/execomp.htm.)
II.
Where and when to report. You 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 you make 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), you must
report any required compensation information of the subrecipient by
November 30 of that year.
4. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
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. 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;
IV.
A domestic or foreign for-profit organization;
V.
A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.

b. Executive means officers, managing partners, or any other employees in
management positions.
c. 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 you received
this award and that you as the recipient award to an eligible subrecipient.
II.
The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see [2 CFR
200.330]).
III.
A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
d. Subrecipient means an entity that:
I.
Receives a subaward from you (the recipient) under this award; and
II.
Is accountable to you for the use of the Federal funds provided by the
subaward.
e. 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.

g. 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 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
Department 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. Therefore, program income must
be used in accordance with the provisions of this grant award and 2 CFR 200.307.

If applicable, the following needs to be on all 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’s Employment and Training Administration. The product was created
by the recipient 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 product is
copyrighted by the institution that created it.”

h. Pay for Performance Contract Strategies
Pay for Performance (PFP) contract strategies seek to maximize the likelihood that the Federal
government pays only for services that are demonstrably effective, and secures performance
results at a lower cost. The Workforce Innovation and Opportunity Act (WIOA) has authorized
PFP as a discretionary activity in WIOA Title I Adult, Dislocated Worker, and Youth programs:

WIOA, Public Law No. 113-128, enacted July 22, 2015, available at
https://www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf, Sections 3(47);
116(d)(2)(K), which references 116(b)(2)(A); 116(d)(6)(D); 116(h); 128(b); 133(b); 129(c)(2);
134(a)(3)(A)(xiv), which references 134(d)(1)(A)(iii); 134(c)(3) and 134(c)(3)(G)(ii)(VI)
specifically; and 189(g)(2)(D)
A state may request no more than 10 percent of the total local adult and dislocated worker
allocations be reserved and used on the implementation of WIOA PFP contract strategies for
adult training services described in sec. 134(c)(3) of WIOA. No more than 10 percent of the local
youth allocation can be reserved and used on the implementation of WIOA PFP contract
strategies for youth training services and other activities described in sec. 129(c)(2) of WIOA.
Section 189(g)(2)(D) of WIOA authorizes funds used for WIOA PFP contract strategies are
available until expended.

A forthcoming Training and Employment Guidance Letter (TEGL) will provide information and
procedural requirements on the implementation of PFP Contract Strategies using the WIOA
formula funding streams. After the PFP TEGL is published, this grant will be modified to
incorporate the PFP Federal Award Terms, which would become effective when a state has
received approval of a grant modification request to implement PFP.
i. PY 2019 Administrative Costs Limits (WIOA Title I Only)
Notwithstanding WIOA section 128(b)(4), for PY 2019, not more than 20 percent 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 percent of the total amount
allocated is used to respond to a qualifying emergency.
j. PY 2019 Rapid Response Activities (WIOA Title I Only)
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.
k. Personally Identifiable Information
Award recipients 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 Training and Employment Guidance letter
(TEGL) 39-11, Guidance on the Handling and Protection of Personally Identifiable Information
(PII)), found at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7872.

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

m. Procurement
The Uniform Guidance (2 CFR 200.317) require States (as defined at 2 CFR 200.90) to follow the
same procurement policies and procedures it uses for non-Federal funds. The state will comply
with 200.322 Procurement of recovered materials and ensure that every purchase orders or
other contract includes any clauses required by section 200.326 Contract provisions. Award
recipients must also follow the requirements regarding the competitive award of One-Stop
Operators in the Workforce Innovation and Opportunity Act at WIOA Sec. 121(d) and sec. 123.

n. Program Income
The “Addition” method as described in 2 CFR 200.307 must be used in allocating any program
income generated for this grant award. Award recipients must expend all program income prior
to drawing down 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 the
ETA. In addition, recipients must report program income on the quarterly financial report using
ETA-9130 form.

o. Publicity
No funds provided under this grant shall be used for publicity or propaganda purposes, for the
preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or
film 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. Nor shall
grant funds be used to pay the salary or expenses of any 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 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.

p. Recipient Integrity and Performance Matters
1. If the total value of your 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 you as 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 you 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 your 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 your 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. You do not need to submit the information a
second time under assistance awards that you received if you already provided the
information through SAM (formerly CCR) because you were required to do so under Federal
procurement contracts that you were awarded.

4. Reporting frequency. During any period of time when you are subject to the requirement in
paragraph 1. of this award term, you must report FAPIIS information through SAM no less
frequently than semiannually following your initial report of any proceedings for the most
recent 5-year period, either to report new information about any proceeding(s) that you
have not reported previously or 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., Securities and Exchange
Commission 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.

q. Reports
All ETA recipients are required to submit quarterly financial and narrative progress reports for
each grant award.

a.
Quarterly Financial Reports. All ETA recipients are required to report quarterly financial
data on the ETA-9130 Form. 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 ends and the closeout 9130
report must be submitted no later than 90 calendar days after the grant period of
performance ends. A closeout report will be submitted during the closeout process. For
additional guidance on ETA’s financial reporting, reference Training and Employment
Guidance Letter (TEGL) 20-19 and https://www.doleta.gov/grants/pdf/ETA-
9130_Financial_Reporting_Resources.pdf.

The instructions for accessing both the on-line financial reporting system and the HHS
Payment Management System can be found in the transmittal memo accompanying this
NOA.

r. Requirements for Conference 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.
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.

s. Subawards
A subaward means an award provided by a pass-through entity to a subrecipient for the
subrecipient to carry out part of a Federal award received by the pass-through entity. 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 pass-through entity 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 comply with all
applicable regulations and the terms and conditions of this award (2 CFR 200.101(b)(1)).

t. 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 grant.

u. System for Award Management
1. Requirement for System of Award Management (SAM)
Unless you are exempt from this requirement under 2 CFR 25.110, you as the award recipient
must maintain the currency of your information in the SAM until you submit the final financial
report required under this award or receive the final payment, whichever is later. This requires
that you review and update the information at least annually after the initial registration, and
more frequently if required by changes in your information or another award term.
2. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
i. Must notify potential subrecipients that no entity (see definition in paragraph [3] of
this award term) may receive a subaward from you unless the entity has provided its
unique entity identifier to you.
ii. May not make a subaward to an entity unless the entity has provided its unique entity
identifier to you.
3. Definitions
For purposes of this award term:
i. System of Award Management (SAM) is the Federal repository where award recipients
register to do business with the U.S. government. Additional information about
registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
ii. Unique entity identifier means the code that is unique to a registered entity in order
to complete its registration on SAM. \iii. Entity, as it is used in this award term, means all
of the following, as defined at 2 CFR part 25, subpart C:

a. A Governmental organization, which is a State, local government, or Indian
Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
iv. Subaward:
a. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see 2 CFR 200.330).
c. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
v. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.

v. SAM Registration Validation
ETA advises grant recipients registered in SAM to log into SAM and review their registration
information, particularly their financial information and points of contact. Further, the DUN and
EIN numbers must remain active until the grant award closeout process is fully completed. See
TEN 18-17 for additional guidance.
w. Vendor/Contractor
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. (2
CFR 200.23) 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 200.330. When procuring
contractors for goods and services, DOL ETA recipients and subrecipients must follow the
procurement requirements 2 CFR 200.319, which calls for free and open competition.
x. Whistleblower Protection
This grant and employees working on this grant are subject to the whistleblower rights and
remedies established at 41 U.S.C. 4712. The recipient shall inform its employees 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 (48 CFR
3.908; note that for the purpose of this term and condition, use of the term "contract,"
"contractor," "subcontract," or "subcontractor" in section 3.908 should be read as "grant,"
"grantee," "subgrant," or "subgrantee"). The recipient shall insert the substance of this clause in
all subgrants and contracts over the simplified acquisition threshold.

11.
Program Requirements
Training and Employment Guidance Letter (TEGL) No. 16-19 outlines the program requirements
for this award.

12.
Fiscal Year (FY) 2020 Federal Appropriations Requirements
a. Fair Labor Standards Act Amendment for Major Disasters
Pursuant to P.L. 116-94, Division A, 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”
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
percent 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.’’

b. Health Benefits Coverage for Contraceptives
Federal funds may not be used to enter into 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 HealthPlans, 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.

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

d. Prohibition on Contracting with Corporations with Felony Criminal
Convictions
The 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.

e. Prohibition on Contracting with Corporations with Unpaid Tax
Liabilities
The 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.

f. Prohibition on Procuring Goods Obtained Through Child Labor
Pursuant to P.L. 116-94, Division A, Title I, Section 103, no 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 here: http://www.dol.gov/ilab/reports/child-labor/list-of-products.

g. Prohibition on Providing Federal Funds to ACORN
Pursuant to P.L. 116-94, Division A, Title V, Section 521, these funds may not be provided to the
Association of Community Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries, allied organizations or successors.

h. Reporting of 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.
i. Requirement for Blocking Pornography
Pursuant to P.L. 116-94, Division A, 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.

j. Requirement to Provide Certain Information in Public Communications
Pursuant to P.L. 116-94, Division A, 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 part are separate from those in the 2 CFR part 200 and, when
applicable, both must be complied with.

k. Restriction on Health Benefits Coverage for Abortions
Pursuant to P.L. 116-94, Division A, 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 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.

l. Restriction on Lobbying/Advocacy
Pursuant to P.L. 116-94, Division A, Title V, Section 503, no federal funds may be used by a grant
recipient, other than for normal and recognized executive-legislative relationships, to engage in
lobbying or advocacy activities (including, for publicity or propaganda purposes, the
preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation) designed to support or defeat the
enactment of federal, state, or local legislation, regulation, appropriations, order, or other
administrative action, except in presentation to Congress or a State or local legislature itself or
for 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.

m. Restriction on the Promotion of Drug Legalization
Pursuant to P.L. 116-94, Division A, 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.

n. Restriction on Purchase of Sterile Needles or Syringes
Pursuant to P.L. 116-94, Division A, Title V, Section 527, no Federal funds shall be used to
purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

o. Salary and Bonus Limitations
Pursuant to P.L. 116-94, Division A, Title I, Section 105, 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 (http://www.opm.gov/policy-data-oversight/pay-
leave/salaries-wages/2020/executive-senior-level). The salary and bonus limitation does not
apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.330. 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 Employment and Training Administration programs. See Training and
Employment Guidance Letter No. 5-06 for further clarification, available at
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262.

13.
Public Policy
a. 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 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.

b. Drug-Free Workplace
The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all
organizations receiving grants 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.

c. Executive Orders
12928: Pursuant to Executive Order 12928, the 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.

13043: Pursuant to Executive Order 13043, Increasing Seat Belt Use in the United States, dated
April 16, 1997, 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.

13166: As clarified by Executive Order 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, 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 [05/29/2003] Volume 68, Number 103, Page 32289-32305. Meaningful access may
entail providing language assistance services, including oral and written translation, where
necessary. 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 http://www.lep.gov.

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

13788: Pursuant to Executive Order 13788, by drawing down funds, the recipient agrees to
comply with sections 8301 through 8303 of title 41, United States Code (commonly known as
the “Buy American Act”). Additionally, no funds may be made available to any person or entity
that has been convicted of violating the Buy American Act.

For the purposes of this award, the Buy American Act requires the recipient to use, with limited
exceptions, only 1) unmanufactured items that have been mined or produced in the United
States; and 2) manufactured items that have been manufactured in the Unites States
substantially all from articles, materials, or supplies that were mined, produced, or
manufactured in the United States.
These requirements do not apply to 1) items for use outside of the United States, 2) items that
are not mined, produced, or manufactured in the United States in sufficient and reasonably
available commercial quantities and are not of a satisfactory quality; and 3) manufactured items
procured under any contract with an award value that is equal to or less than the micro-
purchase threshold (currently $10,000). In order to claim an exception to these requirements
under 1 or 2 above, the recipient must get prior approval from the Grant Officer. Prior approval
is not needed for purchases under the micro-purchase threshold.

d. 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.

e. 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 at
https://apps.usfa.fema.gov/hotel/ to see if a property is in compliance, or to find other
information about the Act.

f. Prohibition on Trafficking in Persons
1. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
I. You as the recipient, your 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 award is in effect;
(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. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity —
(A). Is determined to have violated a prohibition in paragraph a.1 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.1 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. We 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.1 of this
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.1
of this 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. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award term.
II. Our right to terminate unilaterally that is described in paragraph a.2 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 us under this award.
III. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
I. “Employee” means either:
(A). An individual employed by you 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 award and not compensated by you 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. Veterans’ Priority Provisions
The Jobs for Veterans Act (Public Law 107-288) requires 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 a grant 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 grant 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. Recipients must comply with the DOL guidance on
veterans’ priority. ETA’s 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 http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2816.

14.
Attachments
Attachment A: SF-424