(a) Service providers selected under titles I, II, and III of the
Act shall be selected in accordance with the provisions of section 107
of the Act, except that section 107(d) shall not apply to training under
title III.
(b) Consistent with the requirements of this section, the Governor
shall establish standards to be followed by recipients and subrecipients
in making determinations of demonstrated performance, prior to the award
of all agreements under titles I, II, and III of the Act. These
standards shall comply with the requirements of this section,
Sec. 627.420, of this part, Procurement, and section 164(a)(3) of the
Act. The standards shall require that determinations of demonstrated
performance will be in writing, and completed prior to the award of an
agreement.
(c) Each recipient and subrecipient, to the extent practicable,
shall select service providers on a competitive basis, in accordance
with the standards established in Sec. 627.420(b) of this part,
Procurement. When a State, SDA, SSG, or administrative entity determines
that services other than intake and eligibility determination will be
provided by its own staff, a determination shall be made of the
demonstrated performance of the entity to provide the services. This
determination: Shall be in writing; shall take into consideration the
matters listed in paragraph (d) of this section; and may, if
appropriate, be documented and described in the Job Training Plan,
GCSSP, or EDWAA plan.
(d) Awards are to be made to organizations possessing the
demonstrated ability to perform successfully under the terms and
conditions of a proposed subgrant or contract. Where comparable
proposals have been received from an offeror which has demonstrated
performance and a high-risk recipient/subrecipient, and a determination
has been made that both proposals are fundable, the award should be made
to the offeror which has demonstrated performance, unless other factors
dictate a contrary result. Determinations of demonstrated performance
shall be in writing, and take into consideration such matters as whether
the organization has:
(1) Adequate financial resources or the ability to obtain them;
(2) The ability to meet the program design specifications at a
reasonable cost, as well as the ability to meet performance goals;
(3) A satisfactory record of past performance (in job training,
basic skills training, or related activities), including demonstrated
quality of training; reasonable drop-out rates from past programs; where
applicable, the ability to provide or arrange for appropriate supportive
services as specified in the
ISS, including child care; retention in employment; and earning rates of
participants;
(4) For title II programs, the ability to provide services that can
lead to the achievement of competency standards for participants with
identified deficiencies;
(5) A satisfactory record of integrity, business ethics, and fiscal
accountability;
(6) The necessary organization, experience, accounting and
operational controls; and
(7) The technical skills to perform the work.
(e) In selecting service providers to deliver services in a service
delivery area/substate area, proper consideration shall be given to
community-based organizations (section 107(a)). These community-based
organizations, including women's organizations with knowledge about or
experience in nontraditional training for women, shall be organizations
which are recognized in the community in which they are to provide
services. Where proposals are evenly rated, and one of these proposals
has been submitted by a CBO, the tie breaker may go to the CBO.
(f) Appropriate education agencies in the service delivery area/
substate area shall be provided the opportunity to provide educational
services, unless the administrative entity demonstrates that alternative
agency(ies) or organization(s) would be more effective or would have
greater potential to enhance the participants' continued educational and
career growth (section 107(c)). Where proposals are evenly rated, and
one of these proposals has been submitted by an educational institution,
the tie breaker shall go to the educational institution.
(g) In determining demonstrated performance of institutions/
organizations which provide training, such performance measures as
retention in training, training completion, job placement, and rates of
licensure shall be taken into consideration.
(h) Service providers under agreements to conduct projects under
section 123(a)(2) shall be selected in accordance with the requirements
of this section.
(i) The requirements of section 204(d)(2)(B) shall be followed in
entering into agreements to provide services for older individuals
funded under title II, part A.
(j) Additional requirements for selection of service providers by
substate grantees are described at section 313(b)(6) of the Act and
Sec. 631.52 of this chapter.
(k) Amounts for service providers. Each SDA/SSG shall ensure that,
for all services provided to participants through contracts, grants, or
other agreements with a service provider, such contract, grant, or
agreement shall include appropriate amounts necessary for administration
and supportive services (section 108(b)(5)).
(l) When a State, SDA or SSG has a policy of awarding additional
points to proposals received from such organizations as minority
business enterprises and women-owned businesses, and this policy is
generally applicable to its other funds, the State, SDA or SSG may apply
this policy to the JTPA funds.
