(a) Contracts may be entered into between the Native American
grantee and any party, public or private, for purposes set forth in the
JTPA.
(b) Subgrants may be entered into between the Native American
grantee and units of State and local general government, Indian tribal
government, public agencies or nonprofit organizations.
(c) The Native American grantee is responsible for the development,
approval and operation of all contracts and subgrants and shall require
that its contractors and subgrantees adhere to the requirements of the
Act, the regulations under the Act, and other applicable law. It shall
also require contractors and subgrantees to maintain effective control
and accountability over all funds, property and other assets covered by
the contract or subgrant.
(d) Each Native American grantee shall take action against its
contractors and subgrantees to prevent or eliminate violations of the
regulations, and to prevent misuse of JTPA funds.
(e) Subgrantees are entitled to funding for administrative costs.
The amount of such funding will be determined during the development of
subgrants subject to the overall administrative costs of the grant.
(f) If a contract or subgrant is cancelled in whole or in part, the
Native American grantee shall develop procedures for ensuring continuity
of service to affected participants to the extent feasible.
(g) The Native American grantee may enter into contracts or
subgrants which extend past the expiration date of the CAP but such
extension shall not exceed 6 months. In such cases, the grantee shall
continue to be responsible for the administration of such contracts and
subgrants.
(h) To the extent feasible, Native American Indian grantees shall
give preference in the award of contracts and subgrants to Indian
organizations and to Indian-owned economic enterprises as defined in
section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). Any
contract or subgrant made by a Native American grantee shall require
that, to the greatest extent feasible, preference and opportunities for
training and employment in connection with such contract or subgrant
shall be given to qualified Indians regardless of age, religion or sex
and that the contractor or subgrantee shall comply with any Indian
preference requirements established by the Native American grantee. All
grantees, subgrantees and contractors shall include the requirements of
this paragraph in all subcontracts and subgrants made by them (sec. 7(b)
of the Indian Self-Determination and Education Assistance Act, Public
Law 93-638 (25 U.S.C. 450 et seq)).
(i) The Native American grantee shall ensure that contractors and
subgrantees maintain and make available for review by the grantee and
the Department of Labor all records pertaining to the operations of
programs under such contracts and subgrants consistent with the
maintenance and retention of record requirements in 41 CFR parts 29-70.
