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Content Last Revised: 10/20/83 |
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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Migrant and Seasonal Farmworker Programs |
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| Grant Planning and Application Procedures |
20 CFR 633.204 - Responsibility review.
- Section Number: 633.204
- Section Name: Responsibility review.
(a) Prior to final selection as a potential grantee the Department
will conduct a review of the available records to determine whether or
not the organization has failed any responsibility test. This review is
intended to establish overall responsibility to administer Federal
funds. With the exceptions of paragraphs (a)(1) and (a)(3) of this
section, the failure to meet any one of the tests would not establish
that the organization is irresponsible unless the failure is substantial
or persistent. The responsibility tests are as follows:
(1) The agency's efforts to recover debts (for which three demand
letters have been sent) established by final agency action have been
unsuccessful, or failure to comply with an approved repayment plan.
(2) Serious administrative deficiencies identified in final findings
and determinations--such as failure to maintain a financial management
system as required by Federal regulations.
(3) Established fraud or criminal activity within the organization.
(4) Wilfull obstruction of the audit process.
(5) Substantial failure to provide services to applicants as agreed
to in a current or recent grant or to meet performance standard
requirements as provided at Sec. 633.321 of this subpart.
(6) Failure to correct deficiencies brought to the grantees'
attention in writing as a result of monitoring activities, reviews,
assessments, etc.
(7) Failure to return a grant closeout package or outstanding
advances within 90 days of expiration date or receipt of closeout
package, whichever is later, unless an extension has been requested and
granted; final billings reflecting serious cost category or total budget
cost overrun.
(8) Failure to submit required reports.
(9) Failure to properly report and dispose of government property as
instructed by DOL.
(10) Failure to have maintained cost controls resulting in excess
cash on hand.
(11) Failure to procure or arrange for audit coverage for any two
year period when required by DOL.
(12) Failure to audit a subrecipient within the required period when
applicable.
(13) Final disallowed costs in excess of five percent of the grant
or contract award.
(14) Failure to establish a mechanism to resolve subrecipient's
audit within established time frames.
(b) This responsibility review is independent of the competitive
process. Applicants failing to meet the requirements of this section
will not be selected as potential grantees irrespective of their
standing in the competition.
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