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Training and Employment Guidance Letter 03-22

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EMPLOYMENT AND TRAINING ADMINISTRATION

ADVISORY SYSTEM

U.S. DEPARTMENT OF LABOR

Washington, D.C. 20210

CLASSIFICATION

Community Projects

CO

RRESPONDENCE SYMBOL

ORM

DATE

July 21, 2022

RESCISSIONS

None

EXPIRATION DATE

June 30, 2023

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 03-22

TO: DEPARTMENT OF LABOR COMMUNITY PROJECT FUNDING

RECIPIENTS

FROM: BRENT PARTON

Acting Assistant Secretary

SUBJECT: Application Instructions and Program Guidance for Department of Labor

Community Project Recipients

1. Purpose. To provide guidance for the Department of Labor’s (Department) Fiscal Year (FY)

2022 Community Project Funding/Congressionally Directed Spending recipients specified in

Appendix I.

2. Action Requested. In order to receive Congressionally Directed funds, eligible applicants specified in Appendix I must submit applications responding to this Training and

Employment Guidance Letter (TEGL), including all required documents detailed in

Appendix IV, to https://www.grants.gov no earlier than 12:00 pm Eastern Time, August 22, 2022 and no later than 11:59 pm Eastern Time, February 28, 2023.

3. Summary and Background.

a. Summary – This TEGL solicits applications from eligible entities for the Department’s

Employment and Training Administration (ETA) Community Project demonstration grants and announces application procedures.

b. Background – In March 2022, the Consolidated Appropriations Act, 2022 was signed into law. The legislation authorizes $137,638,000 in congressionally directed funds for

173 organizations to carry out demonstration and pilot projects under section 169(c) of the Workforce Innovation and Opportunity Act (WIOA), overseen by the Department’s

ETA. The purpose and award amount of each grant is specified in the Division H –

Departments of Labor, Health and Human Services, and Education, and Related Agencies

Appropriations Act, 2022, Community Project Funding/Congressionally Directed

Spending Table.

4. Program Authority. Funds for ETA Community Project demonstration grants are authorized by Division H of the Consolidated Appropriations Act, 2022 (Public Law 117-

103, HR 2471).

https://www.grants.gov/

5. Inquiries. Please direct questions regarding this funding opportunity to

Community.Projects.ETA@dol.gov. Applicants should include a contact name, organization name, phone number and email with all questions to provide a means of response. This announcement is available on the ETA website at https://www.dol.gov/agencies/eta/grants , the dedicated Community Projects WorkforceGPS page at https://grantsapplicationandmanagement.workforcegps.org/resources/2022/05/04/15/35/Com munity-Projects and at https://www.grants.gov.

6. References.

• Consolidated Appropriations Act, 2022 (Public Law 117-103, HR 2471)

• WIOA (Public Law 113-128), Section 169(c)

7. Appendixes.

• Appendix I: Eligible Applicants

• Appendix II: Award Information

• Appendix III: Funding Restrictions

• Appendix IV: Application Submission

• Appendix V: Application Review and Award

• Appendix VI: Administrative and National Policy Requirements

• Appendix VII: Reporting Requirements

• Appendix VIII: Grant Recipient Training

• Appendix IX: Agency Contacts

• Appendix X: OMB Information Collection

• Appendix XI: Resources

8. Attachments.

• Attachment A: Budget Narrative Guidance

• Attachment B: Project Narrative Guidance

• Attachment C: Suggested Work Plan Template

• Attachment D: Organizational Chart Guidance

• Attachment E: Suggested Abstract Template

• Attachment F: Letters of Commitment Guidance

• Attachment G: Financial System Risk Assessment

• Attachment H: Application Submission Checklist mailto:Community.Projects.ETA@dol.gov https://www.dol.gov/agencies/eta/grants https://grantsapplicationandmanagement.workforcegps.org/resources/2022/05/04/15/35/Community-Projects https://grantsapplicationandmanagement.workforcegps.org/resources/2022/05/04/15/35/Community-Projects

Appendix I

I-1

Eligible Applicants

Only organizations named in this table (also specified in the Explanatory Statement for Division

H of the Consolidated Appropriations Act, 2022) are eligible for grant awards under this

Training and Employment Guidance Letter.

Recipient Name State Funding

Amount

AIDS Service Center of Lower Manhattan, Inc. dba Alliance for Positive

Change

NY $1,000,000

American Indian OIC MN $350,000

Anne Arundel County Government MD $500,000

Applied Behavioral Rehabilitation Institute, Inc. CT $25,000

Arizona Opportunities Industrialization Center AZ $1,200,000

AS220 RI $500,000

Autism Society of America Nassau Suffolk Chapter NY $200,000

Avivo MN $1,000,000

Baker Technical Institute OR $544,000

Baltimore Mayor’s Office of Employment Development MD $500,000

Beat the Street Community Center, Inc. CT $25,000

Bedford-Stuyvesant Restoration Corporation NY $500,000

Benedict College SC $3,200,000

Berks Latino Workforce Development Corporation PA $500,000

Beyond the Sanctuary, Inc. NY $525,000

Brattleboro Development Credit Corporation VT $900,000

Bristol County Chamber Foundation MA $500,000

Broward College FL $2,000,000

Buffalo Sewer Authority NY $575,000

California Mobility Center CA $2,000,000

California Workforce Association Foundation CA $1,000,000

Capital Workforce Partners CT $593,000

Catalyst Connection PA $1,000,000

City of Boston MA $1,000,000

City of Charleston WV $500,000

City of East Providence RI $350,000

City of Greensboro NC $1,600,000

City of Houston TX $750,000

City of Jersey City NJ $250,000

City of Pawtucket RI $3,000,000

City of Perris CA $1,000,000

I-2

Recipient Name State Funding

Amount

City of Richmond VA $1,000,000

City of Rochester MN $750,000

City of South San Francisco CA $500,000

City of Stamford CT $513,000

City of Syracuse NY $300,000

Clovis Community College NM $1,073,000

Coalition for Responsible Community Development CA $250,000

College of Eastern Idaho ID $100,000

College of Lake County IL $900,000

Colonial Farmhouse Restoration Society of Bellerose, Inc. NY $200,000

Community Assistance Programs IL $100,000

Comunidades Organizando el Poder y la Accion Latina Education Fund MN $1,000,000

Concordance Leadership Academy MO $650,000

Cook County Health IL $315,000

Cornerstone Revitalization Foundation, Inc. AL $1,500,000

Council for Native Hawaiian Advancement HI $1,200,000

Covenant House Florida FL $300,000

Covenant House Missouri MO $150,000

Danville Pittsylvania County Chamber Foundation VA $850,000

DC Central Kitchen DC $500,000

Dorcas International Institute of Rhode Island RI $230,000

Dream It Do It Western New York, Inc. NY $250,000

Eastern Maine Development Corporation ME $600,000

Eastern Maine Development Corporation ME $750,000

Eclectic Soul VOICES Corporation IN $100,000

Employ Milwaukee WI $2,000,000

Evergreen Rural Water of Washington WA $2,500,000

Fairfax County Government VA $1,000,000

Fairfax County Government VA $400,000

Florida Endowment Foundation for Florida's Graduates FL $1,500,000

Frederick County Government MD $250,000

Generation West Virginia WV $167,000

Goodwill of Southern New England CT $372,000

Greater Baltimore Urban League MD $800,000

Hannaford Regional Technical School District VT $100,000

Hire Heroes USA GA $720,000

Humanim, Inc. MD $500,000 iFoster, Inc. NV $150,000

I-3

Recipient Name State Funding

Amount

International Institute of Minnesota MN $500,000

JEVS Human Services PA $1,000,000

Jewish Family Service of Colorado CO $500,000

Jewish Vocational and Career Counseling Service CA $412,000

Jewish Vocational Service (JVS) Boston MA $750,000

Kent State University at Tuscarawas OH $250,000

Kentucky Capital Development Corporation KY $440,000

La Colaborativa/Chelsea Collaborative MA $300,000

Literacy Pittsburgh PA $675,000

Living Classrooms Foundation MD $750,000

Lorain County Community College District OH $688,000

Los Angeles Community College District CA $1,320,000

Los Angeles Conservation Corps CA $1,500,000

Macomb Community College MI $610,000

Macomb County, Clinton Township MI $525,000

Marshall University WV $4,500,000

Mary's Mercy Center, Inc. CA $300,000

Mecklenburg County NC $1,000,000

Meristem, Inc. CA $1,000,000

Mi Casa Resource Center CO $20,000

Milwaukee Metropolitan Sewerage District WI $1,000,000

Mississippi Rural Water Association MS $1,000,000

Mississippi State University and East Mississippi Community College MS $1,000,000

Montgomery County Office of Broadband Programs MD $1,000,000

Multi-Craft Apprenticeship Preparation Program, Inc. NY $200,000

National Institute for Medical Assistant Advancement CO $450,000

National Rural Water Association MO $150,000

Neighborhood House Incorporated WA $275,000

Neighbors and Neighbors Association, Inc. FL $500,000

Nevada Workforce Connections NV $800,000

New Century Careers PA $500,000

New Jersey Chamber of Commerce Foundation NJ $270,000

Newark Emergency Services for Families (NESF) NJ $325,000

Newport Community School RI $100,000

Next Generation & Futures RI $300,000

Northern Maine Community College ME $567,000

Northern Maine Community College ME $1,000,000

Northwest Regional Workforce Investment Board CT $650,000

I-4

Recipient Name State Funding

Amount

Opportunities Industrialization Center (d/b/a Philadelphia OIC) PA $575,000

Opportunities Industrialization Center, Inc. CT $300,000

Opportunity Village NV $525,000

Oregon Tradeswomen OR $500,000

Ozarks Technical Community College MO $3,000,000

Pacific Intl. Center for High Technology Research HI $1,000,000

Para Los Niños CA $350,000

Parents and Children Together HI $270,000

Passaic County Community College NJ $1,950,000

Path of Life Ministries CA $250,000

Philadelphia Works, Inc. PA $1,000,000

PIDC Community Capital PA $525,000

Polytech Education, Adult Education Division DE $800,000

Portland Opportunities Industrialization Center OR $500,000

Presbyterian Villages of Michigan MI $600,000

Prince George’s County Office of Human Resources Management MD $2,000,000

Project QUEST, Inc. TX $1,000,000

Providence Preservation Society RI $140,000

Proyecto Del Barrio, Inc. CA $300,000

Quad County Urban League, Inc. IL $425,000

Rhode Island Institute for Labor Studies and Research RI $175,000

San Bernardino County Workforce Development Department CA $250,000

San Jose Conservation Corps & Charter School CA $275,000

Second Harvest Food Bank of Central Florida FL $775,000

Skills for Rhode Island’s Future RI $3,700,000

Skills for Rhode Island’s Future RI $1,250,000

South Bay Workforce Investment Board CA $500,000

Southeast Michigan Community Alliance, Inc. MI $850,000

Southern California Regional Occupational Center CA $1,000,000

Southern Maine Community College ME $1,000,000

State of Hawaii Workforce Development Council HI $975,000

Summit Academy OIC MN $2,000,000

Sunnyside Community Services NY $175,000

SUNY Maritime College NY $800,000

The Corporate Source NY $125,000

The HOPE Program NY $800,000

The Moore Wright Group WA $2,306,000

Tri-Council Development Fund IL $975,000

I-5

Recipient Name State Funding

Amount

TXRX LABS TX $550,000

Uintah Basin Technical College UT $515,000

United Community Services for Working Families PA $450,000

United Northeast Community Development Corporation IN $600,000

United Way of Central Jersey NJ $425,000

United Way of Chester County PA $100,000

United Way of Long Island NY $700,000

United Way of Miami-Dade, Inc. FL $250,000

University of Delaware DE $1,060,000

University of Rochester NY $300,000

UPROSE NY $175,000

Urban League of Hillsborough County, Inc. FL $300,000

Urban League of Portland OR $400,000

VBR Research and Education Foundation VT $1,200,000

Vehicles for Change MD $1,000,000

Vermont Adult Learning VT $1,000,000

Vermont Wood Works Council VT $165,000

Warren County Employment and Training Administration NY $205,000

West Virginia Community and Technical College System WV $300,000

West Virginia Rural Water Association WV $6,341,000

Western Nevada College NV $700,000

Workforce Alliance CT $823,000

Workforce Southwest Washington WA $1,500,000

WorkSystems, Inc. OR $1,000,000

World Arts Focus, Inc. dba Joe’s Movement Emporium MD $300,000

York College, CUNY NY $527,000

YouthCare WA $3,057,000

YWCA Northern New Jersey NJ $500,000

Appendix II

II-1

Award Information

Applications will be accepted and awarded on a rolling basis from 12:00 pm Eastern Time, August 22, 2022 until 11:59 pm Eastern Time, February 28, 2023. This funding will be treated by the Department of Labor’s (Department) Employment and Training Administration (ETA) as a demonstration and research grant under Section 169(c) of the Workforce Innovation and

Opportunity Act (WIOA). Awards will be subject to the Terms and Conditions of the Grant

Agreement. The Department will provide additional guidance to applicants through tip sheets, Frequently Asked Questions (FAQs), training, or through special conditions.

Please note that DOL recommends that the application clearly articulate a project purpose, utilize a significant amount of the funding for direct employment and training services to individuals, propose a program or services to address the project goals, have measurable outcomes, demonstrate evidence of a linkage with the State or local workforce investment system, and include activities/costs that are allowable per WIOA and the Federal Uniform Guidance.

Fiscal and Administrative Responsibility:

Upon grant award, the grant recipient will have overall fiscal and administrative responsibility for the award, including any performance of sub-awardees. As part of their responsibility for the award, the grant recipient shall be:

• the point of contact with the Department to receive and respond to all inquiries or communications under this award and any sub-awards;

• the entity with authority to withdraw or draw down funds;

• the entity responsible for submitting to the Department all deliverables under the award, including all related technical and financial reports, even when work was performed by a contractor or sub-awardee;

• the entity that may request modifications to the award or statement of work;

• the entity with overall responsibility for carrying out programmatic functions of the award, as well as the oversight of all expenditures under the award;

• the entity responsible for coordinating with the national evaluator, if any; and

• the entity responsible for working with the Department to close out the award at the end of the period of performance.

Appendix III

III-1

Funding Restrictions

All proposed project costs must be necessary and reasonable and in accordance with federal guidelines. Determinations of allowable costs will be made in accordance with the Cost

Principles found at 2 CFR Part 200 (Uniform Guidance) and 2 CFR Part 2900 (Uniform

Guidance – Department of Labor Specific). Compensation, including salaries, must be handled consistently with the Uniform Guidance, including 2 CFR Part 200.430. Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowed in accordance with the Cost Principles or other conditions contained in the grant. Applicants will not be entitled to reimbursement of pre-award costs. The following limitations apply to funds awarded under this Training and Employment Guidance Letter:

• Salary caps: None of the funds appropriated under the heading “Employment and

Training” in the appropriation statute(s) may be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may change yearly and is located on the U.S. Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/executive-senior-level. This limitation does not apply to contractors providing goods and services as defined in the Audit Requirements of the Office of Management and Budget Uniform

Guidance (see 2 CFR Part 200 Subpart F).

• Equipment: The grant award recipient(s) must receive prior approval from the Grant

Officer to purchase any equipment as defined in the Uniform Guidance at 2 CFR Part

200.1. Prior approval is required only when the per unit’s acquisition cost is $5,000 or more, regardless of the non-Federal entity’s capitalization threshold. Equipment purchases must adhere to the procurement requirements found in 2 CFR Part 200.313 or

2 CFR Part 200.439.

Being awarded this grant does not automatically mean that the equipment specified in the approved budget or Statement of Work is approved by the Grant Officer. The recipient must submit an equipment approval request to the Federal Project Officer (FPO) for review, preferably within 90 days of the Notice of Award date. This request must include:

1. Item name;

2. Item description and basic specifications;

3. Estimated useful life of the equipment;

4. Item cost (actual or estimated) including the cost to put the asset(s) in place and make it usable for the purpose it was acquired;

5. Purpose of acquisition: a description of how the equipment will be used to support the grant and a reference to the approved activities in the Statement of

Work (and page numbers, if known). This description and justification are critical, as the information will provide the documentation that the costs to be incurred are for approved grant-related activities and in the best interests of the government; and

6. Contact name with email address and telephone number.

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/executive-senior-level https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/executive-senior-level

Appendix III

III-2

The FPO will submit this request to the Grant Officer who has the authority to approve or disapprove the request. All Grant Officer approvals will be in writing and in the form of a modification to the grant agreement. The recipients are strongly encouraged to submit requests for equipment purchase as early as possible in the grant’s period of performance with as many planned pieces of equipment as possible.

Recipients may not purchase equipment during the last year of the period of performance.

If any approved acquisition has not occurred prior to the last funded year of performance, approval for that item is rescinded.

Appendix IV

IV-1

Application Submission

Applicants must submit an application, which includes a funding request for the amount specified in the Explanatory Statement for Division H of the Consolidated Appropriations Act, 2022, as listed in Appendix I. If your organization is receiving funding for more than one

Community Project, please submit a separate application package for each project for which funding is requested. Applicants should not include materials that are not requested or required, such as resumés or general letters of support (such as those from elected officials).

a. Required Documents

In an effort to achieve greater efficiency and streamline the grant award process, the

Employment and Training Administration (ETA) requires applicants to submit the following items through Grants.gov at https://www.grants.gov/. Please note that ETA will not accept an application package submitted via other electronic mediums (such as e-mail or fax) or via paper copy.

The application must include each of the following required documents:

1) SF-424, “Application for Federal Assistance”

The SF-424 (available at https://www.grants.gov/web/grants/forms/sf-424-family.html) must clearly identify the applicant entity and must be submitted by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual ‘signing’ 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, 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 the above link). Applicants do not need to submit the SF-424B with the application.

2) Project Budget

• The SF-424A “Budget Information Form” (available at https://www.grants.gov/web/grants/forms/sf-424-family.html); and

• Budget Narrative. The Budget Narrative must provide a concise description of costs associated with each line item on the SF-424A. See Attachment A for the structure and content requirements of the Budget Narrative.

Note that the SF-424, SF-424A, and Budget Narrative must include the entire federal grant amount requested (not just one year).

Do not show leveraged resources contributed to the project on the SF-424 and SF-424A.

Leveraged resources, if any, must only be described in the Budget Narrative.

https://www.grants.gov/ https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html

IV-2

Applicants should list the same requested federal grant amount on the SF-424, SF-424A, and

Budget Narrative. This amount must not differ from the amount listed for the applicant organization in the table found in Appendix I.

3) Project Narrative.

The Project Narrative must demonstrate your capability to implement the grant project in accordance with the provisions of this Announcement. It provides a comprehensive framework and description of all aspects of the proposed project. For service delivery projects, it includes information about the target group and the services that will be provided.

The Project Narrative is limited to 15 double-spaced, single-sided, 8.5 x 11 inch pages with

Times New Roman 12-point text font and 1-inch margins. You must number the Project

Narrative beginning with page number 1. See Attachment B for details on the structure and content requirements for the Project Narrative.

The Project Narrative must be uploaded as part of the application package and labeled

“Project Narrative.”

4) Work Plan

The work plan must be included as an attachment to the project narrative and does not count against the page limitation. See Attachment C for details.

The Work Plan must be uploaded as an attachment to the application package and labeled

“Work Plan.”

5) Organizational Chart

The chart must be included as an attachment to the project narrative and does not count against the page limitation. See Attachment D for details.

When submitting in Grants.gov, this document must be uploaded as an attachment to the application package and labeled “Organizational Chart.”

6) Abstract

This attachment must summarize the proposed project, including, but not limited to, the scope of the project and proposed outcomes. The Abstract must, at a minimum, succinctly specify all the following:

o Applicant Name o Project Title o Funding Level Requested o Congressional Sponsor o Requested Period of Performance

IV-3

o Project Location o Project Purpose and Goals o Activities to be Performed o Expected Outcomes o Intended Beneficiaries o Subrecipient Activities

The Abstract is limited to two double-spaced, single-sided, 8.5 x 11 inch pages with Times

New Roman 12-point text font and 1-inch margins. See Appendix E for additional details and a suggested abstract template.

When submitting in Grants.gov, this document must be uploaded as an attachment to the application package and labeled “Abstract.”

7) Letters of Commitment

Submit signed and dated Letters of Commitment or Memoranda of Understanding between the applicant and partner organizations and/or sub-recipients that propose to provide services to support the program model and lead to the identified outcomes. See Attachment F for details.

When submitting in Grants.gov, these letters must be uploaded as an attachment to the application package and labeled “Letters of Commitment.”

8) Financial System Risk Assessment

All applicants are requested to submit Funding Opportunity Announcement Financial System

Risk Assessment Information. See Attachment G for a sample template and additional instructions.

When submitting in Grants.gov, this document must be uploaded as an attachment to the application package and labeled “FSRA.”

9) Negotiated Indirect Cost Rate Agreement (NICRA) or Cost Allocation Plan (CAP), if applicable

Applicants that have a federally approved NICRA or CAP and are charging indirect costs must submit the approved current agreement as part of the application.

When submitting in Grants.gov, this document must be uploaded as an attachment to the application package and labeled “NICRA” or “CAP” as applicable.

Save all files with descriptive file names as specified of 50 characters or less and only use standard characters in file names: A-Z, a-z, 0-9, and underscore (_). File names may not include special characters (e.g. &, –, *, %, /, #), periods (.), blank spaces, or accent marks, and must be

IV-4

unique (e.g. no other Attachment may have the same file name). You may use an underscore

(example: My_Attached_File.pdf) to separate a file name.

b. Grants.gov Submission Process

Applicants must submit the application package through Grants.gov. Submission via other electronic mediums will not be accepted, nor will hard copy submissions. This submission process may at times be complicated and time-consuming. As such, the Department of Labor strongly encourages applicants to initiate the process as soon as possible, well before the final day, in order to allow time to resolve unanticipated technical problems. Applicants needing to register with Grants.gov may do so at https://www.grants.gov/web/grants/register.html.

Registration is a one-time process, and applicants that already have a Grants.gov account do not need to register again. Grants.gov applicants can apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different web forms within an application. For a complete Workspace overview, refer to https://www.grants.gov/web/grants/applicants/workspace-overview.html.

For technical issues encountered during application submission, applicants may call 800-518-

4726, or 606-545-5035 to speak to a Customer Support Representative, or email support@grants.gov. The Contact Center is open 24 hours a day, seven days a week, but closes on federal holidays.

Requirement for Unique Entity Identified (UEI) Number

On April 4, 2022, the federal government transitioned from using a Data Universal Numbering

System (DUNS) number to a Unique Entity Identifier (UEI). Applicants are now required to supply their UEI on the SF-424. If your entity is registered with SAM.gov, your UEI has already been assigned and is viewable under your entity record. Organizations that are not registered with SAM.gov can obtain more information about obtaining a UEI at https://www.sam.gov.

Grant recipients authorized to make sub-awards must meet these requirements related to UEI numbers:

• Grant recipients must notify potential sub-awardees that no entity may receive a sub-award from the recipient unless the entity has provided its UEI number to the lead applicant; and

• Grant recipients may not make a sub-award to an entity unless the entity has provided its

UEI number to the applicant. (See, Appendix A to 2 CFR Part section 25.)

Requirement for Registration with SAM

Recipients must register with the System for Award Management (SAM) before submitting an application. Find instructions for registering with SAM at https://www.sam.gov.

A recipient must maintain an active SAM registration with current information at all times during which it has an active federal award or an application under consideration. To remain registered in the SAM database after the initial registration, the recipient is required to review https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/applicants/workspace-overview.html mailto:support@grants.gov https://www.sam.gov/ https://www.sam.gov/

IV-5

and update the registration at least every 12 months from the date of initial registration or subsequently update its information in the SAM database to ensure it is current, accurate, and complete. For purposes of this paragraph, the recipient is the entity that meets the eligibility criteria and has the legal authority to apply and to receive the award. If an applicant has not fully complied with these requirements by the time the Grant Officer is ready to make a federal award, the Grant Officer may determine that the applicant is not qualified to receive a federal award.

Appendix V

V-1

Application Review and Award

Application packages will first be screened to determine if the applicant meets the eligibility requirements enumerated in Appendix I, Eligible Applicants. All required elements outlined in

Appendix IV, Application Submission of this announcement must be submitted. Submissions will only be accepted via https://www.grants.gov. Submission via other electronic mediums will not be accepted, nor will hard copy submissions.

The Department of Labor (DOL), Employment and Training Administration (ETA) intends to fund awards for any recipient: (i) who adequately demonstrates their ability to achieve grant goals through a clear, detailed, and reasonable project narrative, and (ii) whose budget and budget narrative are sufficient to support the activities in the program narrative. This includes adequate staffing levels to support grant goals and grant management. To determine whether submitted applications meet these requirements, applications will be reviewed by a review committee that is comprised of ETA staff. Submitted applications will be reviewed as follows:

1) An initial review of the application for eligibility and whether required documents have been included;

2) Reviews of the contents of the application components as specified in Appendix IV;

3) If necessary, a representative from the appropriate regional office will work with the recipient to resolve impediments to award as determined by the review process; and

4) Applications recommended for award will be funded via Notices of Award attached to a

Grant Agreement issued by the Grant Officer of record and may or may not have ‘Special

Conditions’ requiring additional response. Grants will be awarded on a rolling basis as the above steps are completed.

ETA may elect to award a grant with or without discussions with the recipient. Should a grant be awarded without discussions, the award will be based on the recipient’s signature on the

SF-424, including electronic signature, which constitutes a binding offer by the applicant.

All applications deemed to be complete and responsive by the Grant Officer will go through a risk review process. Before making an award, ETA will review information available through any Office of Management and Budget (OMB)-designated repository of government-wide eligibility qualification or federal integrity information, such as the Federal Awardee

Performance and Integrity System (FAPIIS), SAM.gov, and “Do Not Pay.” Additionally, ETA will comply with the requirements of 2 CFR Part 180 (Government-wide Debarment and

Suspension (Non-Procurement)). This risk evaluation may incorporate results of the evaluation of the applicant’s eligibility (application screening), or the quality of its application (technical review). If ETA determines that an entity is responsible and an award will be made, special conditions that correspond to the degree of risk assessed may be applied to the award. Risk-related criteria evaluated include:

1) Financial stability;

2) Quality of management systems and ability to meet the management standards prescribed in the Uniform Guidance;

Appendix V

V-2

3) History of performance. The applicant’s record in managing awards, cooperative agreements, or procurement awards, if it is a prior recipient of such federal awards, including timeliness of compliance with applicable reporting requirements, and if available, the extent to which any previously awarded amounts will be expended prior to future awards;

4) Reports and findings from audits performed under Sub-part F – Audit Requirements of the Uniform Guidance (2 CFR Parts 200.500 – 200.520) or the reports and findings of any other available audits and monitoring reports containing findings, issues of non-compliance, or questioned costs; and

5) The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on recipients.

Before the actual grant is awarded, DOL may enter into negotiations about such items as program components, staffing and funding levels, and administrative systems in place to support grant implementation.

Except as specifically provided in this Training and Employment Guidance Letter, acceptance of an application and an award of federal funds to sponsor any programs(s) does not provide a waiver of any grant requirements and/or procedures. For example, the Uniform Guidance requires that an entity’s procurement procedures ensure that all procurement transactions are conducted, as much as practical, to provide full and open competition. If an application identifies a specific entity to provide goods or services, the award does not provide the justification or basis to solely source the procurement, i.e., avoid competition.

Appendix VI

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Administrative and National Policy Requirements

Administrative Program Requirements

All grant recipients will be subject to all applicable federal laws and regulations, including the

Uniform Guidance, and the terms and conditions of the award. The grant(s) awarded under this

Training and Employment Guidance Letter (TEGL) will be subject to the following administrative standards and provisions:

i. Non-Profit Organizations, Educational Institutions, For-profit entities, and State, Local, and Indian Tribal Governments – 2 CFR Part 200 (Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards) and 2 CFR

Part 2900 (DOL’s Supplement to 2 CFR Part 200).

ii. All recipients must comply with the applicable provisions of the Workforce Innovation and Opportunity Act (WIOA), Public Law No. 113-328, 128 Stat. 1425 (codified as amended at 29 U.S.C. 3101 et. seq.) and the applicable provisions of the regulations at 20

CFR Part 675 et. seq.

iii. All entities must comply with 29 CFR Part 93 (New Restrictions on Lobbying), 29 CFR

Part 94 (Governmentwide Requirements for Drug-Free Workplace (Financial

Assistance)), 2 CFR Part 180 (Office of Management and Budget Guidance to Agencies on Government-wide Debarment and Suspension (Non-procurement)), and, where applicable, 2 CFR Part 200 (Audit Requirements).

iv. 29 CFR Part 2, subpart D—Equal Treatment in Department of Labor Programs for

Religious Organizations; Protection of Religious Liberty of Department of Labor Social

Service Providers and Beneficiaries.

v. 29 CFR Part 31—Nondiscrimination in Federally Assisted Programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964.

vi. 29 CFR Part 32—Nondiscrimination on the Basis of Handicap in Programs or Activities

Receiving Federal Financial Assistance.

vii. 29 CFR Part 35—Nondiscrimination on the Basis of Age in Programs or Activities

Receiving Federal Financial Assistance from the Department of Labor.

viii. 29 CFR Part 36—Nondiscrimination on the Basis of Sex in Education Programs or

Activities Receiving Federal Financial Assistance.

ix. 29 CFR Part 38 – Implementation of the Nondiscrimination and Equal Opportunity

Provisions of the Workforce Innovation and Opportunity Act.

x. 29 CFR Parts 29 and 30—Labor Standards for the Registration of Apprenticeship

Programs, and Equal Employment Opportunity in Apprenticeship and Training, as applicable.

xi. The Department of Labor (Department) will follow the procedures outlined in its

Freedom of Information Act (FOIA) regulations (29 CFR Part 70). If a FOIA request is received for your application, the procedures in Department’s FOIA regulations for responding to requests for commercial/business information submitted to the government will be followed, as well as all FOIA exemptions and procedures. See generally 5 U.S.C.

§ 552; 29 CFR Part 70.

xii. Standard Grant Terms and Conditions of Award—see the following link:

https://www.dol.gov/agencies/eta/grants/resources.

https://www.dol.gov/agencies/eta/grants/resources

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Other Legal Requirements

a. Religious Activities

The Department notes that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. §

2000bb, applies to all federal law and its implementation. If an applicant organization is a faith-based organization that makes hiring decisions on the basis of religious belief, it may be entitled to receive federal financial assistance under this grant solicitation and maintain that hiring practice. As stated in 29 CFR Part 2.32(a), religious organizations are eligible on the same basis as any other organization, to seek the Department’s support or participate in the Department’s programs for which they are otherwise eligible. The

Department’s guidance is found at https://www.dol.gov/agencies/oasam/grants/religious-freedom-restoration-act/guidance.

b. Lobbying or Fundraising

In accordance with Section 18 of the Lobbying Disclosure Act of 1995 (Public Law 104-

65) (2 U.S.C. § 1611), non-profit entities incorporated under Internal Revenue Service

Code section 501(c)(4) that engage in lobbying activities are not eligible to receive federal funds and grants. No activity, including awareness-raising and advocacy activities, may include fundraising for, or lobbying of, U.S. federal, state, or local governments (see 2 CFR Part 200.450 for more information).

c. Transparency Act Requirements

You must ensure that you have the necessary processes and systems in place to comply with the reporting requirements of the Federal Funding Accountability and Transparency

Act of 2006 (Pub. Law 109-282, as amended by the Government Funding Transparency

Act of 2008, Pub. Law 110-252, Title VI, Chap. 2, Sec. 6202), as follows:

• Except for those excepted from the Transparency Act under sub-paragraphs 1, 2, and 3 below, you must ensure that you have the necessary processes and systems in place to comply with the subaward and executive total compensation reporting requirements of the Transparency Act, should you receive funding.

• Upon award, you will receive detailed information on the reporting requirements of the Transparency Act, as described in 2 CFR Part 170, Appendix A, which can be found at https://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf.

The following types of awards are not subject to the Federal Funding Accountability and

Transparency Act:

1. Federal awards to individuals who apply for or receive federal awards as natural persons (e.g., unrelated to any business or non-profit organization they may own or operate in their name);

2. Federal awards to entities that had a gross income, from all sources, of less than

$300,000 in the entities' previous tax year; and, https://www.dol.gov/agencies/oasam/grants/religious-freedom-restoration-act/guidance https://www.dol.gov/agencies/oasam/grants/religious-freedom-restoration-act/guidance https://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf

VI-3

3. Federal awards if the required reporting would disclose classified information.

d. Safeguarding Data Including Personally Identifiable Information (PII)

Applicants submitting applications in response to this TEGL must recognize that confidentiality of PII and other sensitive data is of paramount importance to the

Department and must be observed except where disclosure is allowed by the prior written approval of the Grant Officer or by court order. By submitting an application, you are assuring that all data exchanges conducted through or during the course of performance of this grant will be conducted in a manner consistent with applicable federal law and

TEGL No. 39-11 (issued June 28, 2012). All such activity conducted by the

Department’s Employment and Training Administration (ETA) and/or recipient(s) will be performed in a manner consistent with applicable state and federal laws.

By submitting a grant application, you agree to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable in governing the handling of confidential information: You must ensure that PII and sensitive data developed, obtained, or otherwise associated with federally funded grants is securely transmitted.

i. To ensure that such PII is not transmitted to unauthorized users, all PII and other sensitive data transmitted via email or stored on Compact Discs, Digital Video

Discs, thumb drives, etc., must be encrypted using a Federal Information

Processing Standards (FIPS) 140-2 compliant and National Institute of Standards and Technology (NIST) validated cryptographic module. You must not email unencrypted sensitive PII to any entity, including ETA or contractors.

ii. You must take the steps necessary to ensure the privacy of all PII obtained from participants and/or other individuals and to protect such information from unauthorized disclosure. You must maintain such PII in accordance with the ETA standards for information security described in TEGL No. 39-11 and any updates to such standards we provide to you. Grant recipients who wish to obtain more information on data security should contact their Federal Project Officer.

iii. You must ensure that any PII used during the performance of your grant has been obtained in conformity with applicable federal and state laws governing the confidentiality of information.

iv. You further acknowledge that all PII data obtained through your ETA grant must be stored in an area that is physically safe from access by unauthorized persons at all times and the data will be processed using recipient-issued equipment, managed information technology (IT) services, and designated locations approved by ETA. Accessing, processing, and storing of ETA grant PII data on personally owned equipment, at off-site locations, (e.g., employee’s home), and non-recipient managed IT services (e.g., Yahoo mail), is strictly prohibited unless approved by ETA.

v. Your employees and other personnel who will have access to sensitive/confidential/proprietary/private data must be advised of the confidential nature of the information, the safeguards required to protect the information, and https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7872

VI-4

that there are civil and criminal sanctions for noncompliance with such safeguards that are contained in federal and state laws.

vi. You must have policies and procedures in place under which your employees and other personnel, before being granted access to PII, acknowledge their understanding of the confidential nature of the data and the safeguards with which they must comply in their handling of such data, as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure.

vii. You must not extract information from data supplied by ETA for any purpose not stated in the grant agreement.

viii. Access to any PII created by the ETA grant must be restricted to only those employees of the grant recipient who need it in their official capacity to perform duties in connection with the scope of work in the grant agreement.

ix. All PII data must be processed in a manner that will protect the confidentiality of the records/documents and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Data may be downloaded to, or maintained on, mobile or portable devices only if the data are encrypted using NIST validated software products based on FIPS 140-2 encryption. In addition, wage data may be accessed only from secure locations.

x. PII data obtained by the recipient through a request from ETA must not be disclosed to anyone but the individual requestor, except as permitted by the Grant

Officer or by court order.

xi. You must permit ETA to make onsite inspections during regular business hours for the purpose of conducting audits and/or conducting other investigations to assure that you are complying with the confidentiality requirements described above. In accordance with this responsibility, you must make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit.

xii. You must retain data received from ETA only for the period of time required to use it for assessment and other purposes, or to satisfy applicable federal records retention requirements, if any. Thereafter, you agree that all data will be destroyed, including the degaussing of magnetic tape files and deletion of electronic data.

e. Record Retention

You must follow federal guidelines on record retention, which require that you maintain all records pertaining to grant activities for a period of at least three years from the date of submission of the final expenditure report. See 2 CFR Part 200.333-200.337 for more specific information, including information about the start of the record retention period for awards that are renewed quarterly or annually, and when the records must be retained for more than three years.

f. Use of Contracts and Subawards

You must abide by the following definitions of contract, contractor, subaward, and subrecipient.

VI-5

Contract: Contract means a legal instrument by which a non-federal entity (defined as a state or local government, Indian tribe, institution of higher education (IHE), non-profit organization, for-profit entity, foreign public entity, or a foreign organization that carries out a federal award as a recipient or subrecipient) purchases property or services needed to carry out the project or program under a federal award. The term as used in this TEGL does not include a legal instrument, even if the non-federal entity considers it a contract when the substance of the transaction meets the definition of a federal award or subaward

(see definition of Subaward below).

Contractor: Contractor means an entity that receives a contract as defined above in

Contract.

Subaward: Subaward means an award provided by a pass-through entity (defined as a non-federal entity that provides a subaward to a subrecipient to carry out part of a federal program) 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.

Subrecipient: Subrecipient means a non-federal entity that receives a subaward from a pass-through entity to carry out part of a federal program but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

You must follow the provisions at 2 CFR Part 200.330-200.332 regarding subrecipient monitoring and management. Also see 2 CFR Part 200.308(c)(6) regarding prior approval requirements for subawards. When awarding subawards, you are required to comply with provisions on government-wide suspension and debarment found at 2 CFR

Part 180 and codified at 2 CFR Part 2998.

g. Closeout of Grant Award

Any entity that receives an award under this Announcement must close its grant with

ETA at the end of the final year of the grant. Information about this process may be found in ETA’s Grant Closeout FAQ located at https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/GCFAQ.pdf.

Other Administrative Standards and Provisions

Except as specifically provided in this TEGL, our acceptance of an application and an award of federal funds to sponsor any programs(s) does not provide a waiver of any grant requirements and/or procedures. For example, the Uniform Guidance requires that an entity’s procurement procedures ensure that all procurement transactions are conducted, as much as practical, to provide full and open competition. If an application identifies a specific entity to provide goods https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/GCFAQ.pdf

VI-6

or services, the award does not provide the justification or basis to sole-source the procurement

(i.e., avoid competition).

Special Program Requirements

a. ETA Evaluation

As a condition of grant award, grant recipients are required to participate in an evaluation, if undertaken by the Department. The evaluation may include an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, and a benefit/cost analysis or assessment of return on investment. Conducting an impact analysis could involve random assignment (which involves random assignment of eligible participants into a treatment group that would receive program services or enhanced program services, or into control group(s) that would receive no program services or program services that are not enhanced). We may require applicants to collect data elements to aid the evaluation.

As a part of the evaluation, as a condition of award, grant recipients must agree to:

(1) make records available to the evaluation contractor on participants, employers, and funding, (2) provide access to program operating personnel, participants, and operational and financial records, and any other relevant documents to calculate program costs and benefits, (3) in the case of an impact analysis, facilitate the assignment by lottery of participants to program services, including the possible increased recruitment of potential participants, and (4) follow evaluation procedures as specified by the evaluation contractor under the direction of the Department.

b. Performance Goals

Please note that applicants will be held to the expected outcomes provided in the application. Failure to meet those outcomes may result in technical assistance or other intervention by ETA.

Appendix VII

VII-1

Reporting Requirements

You must meet Department of Labor (Department) reporting requirements. Specifically, you must submit the reports and documents listed below to the Department electronically.

Quarterly Financial Reports

A Quarterly Financial Status Report (ETA 9130) is required until such time as all funds have been expended or the grant period has expired. Quarterly reports are due 45 days after the end of each calendar year quarter.

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