(a) Uniform fiscal and administrative requirements. (1) Except as
provided in paragraphs (a)(3) through (6) of this section, State,
local, and Indian tribal government organizations that receive grants
or cooperative agreements under WIA title I must follow the common rule
``Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments'' which is codified at 29 CFR
part 97.
(2) Except as provided in paragraphs (a)(3) through (6) of this
section, institutions of higher education, hospitals, and other non-
profit organizations must the follow the common rule implementing OMB
Circular A-110 which is codified at 29 CFR part 95.
(3) In addition to the requirements at 29 CFR 95.48 or 29 CFR
97.36(i) (as appropriate), all procurement contracts and other
transactions between Local Boards and units of State or local
governments must be conducted only on a cost reimbursement basis. No
provision for profit is allowed. (WIA sec. 184(a)(3)(B).)
(4) In addition to the requirements at 29 CFR 95.42 or 29 CFR
97.36(b)(3) (as appropriate), which address codes of conduct and
conflict of interest issues related to employees:
(i) A State Board member or a Local Board member or Youth Council
member must neither cast a vote on, nor participate in, any decision-
making capacity on the provision of services by such member (or any
organization which that member directly represents), nor on any matter
which would provide any direct financial benefit to that member or a
member of his immediate family.
(ii) Neither membership on the State Board, the Local Board or the
Youth Council nor the receipt of WIA funds to provide training and
related services, by itself, violates these conflict of interest
provisions.
(5) The addition method, described at 29 CFR 95.24 or 29 CFR
97.25(g)(2) (as appropriate), must be used for the all program income
earned under WIA title I grants. When the cost of generating program
income has been charged to the program, the gross amount earned must be
added to the WIA program. However,
the cost of generating program income must be subtracted from the
amount earned to establish the net amount of program income available
for use under the grants when these costs have not been charged to the
WIA program.
(6) Any excess of revenue over costs incurred for services provided
by a governmental or non-profit entity must be included in program
income. (WIA sec. 195(7)(A) and (B).)
(7) On a fee-for-service basis, employers may use local area
services, facilities, or equipment funded under title I of WIA to
provide employment and training activities to incumbent workers:
(i) When the services, facilities, or equipment are not being used
by eligible participants;
(ii) If their use does not affect the ability of eligible
particpants to use the services, facilities, or equipment; and
(iii) If the income generated from such fees is used to carry out
programs authorized under this title.
(b) Audit requirements. (1) All governmental and non-profit
organizations must follow the audit requirements of OMB Circular A-133.
These requirements are found at 29 CFR 97.26 for governmental
organizations and at 29 CFR 95.26 for institutions of higher education,
hospitals, and other non-profit organizations.
(2)(i) The Department is responsible for audits of commercial
organizations which are direct recipients of Federal financial
assistance under WIA title I.
(ii) Commercial organizations which are subrecipients under WIA
title I and which expend more than the minimum level specified in OMB
Circular A-133 ($300,000 as of April 15, 1999) must have either an
organization-wide audit conducted in accordance with A-133 or a program
specific financial and compliance audit.
(c) Allowable costs/cost principles. All recipients and
subrecipients must follow the Federal allowable cost principles that
apply to their kind of organizations. The DOL regulations at 29 CFR
95.27 and 29 CFR 97.22 identify the Federal principles for determining
allowable costs which each kind of recipient and subrecipient must
follow. The applicable Federal principles for each kind of recipient
are described in paragraphs (c)(1) through (5) of this section; all
recipients must comply with paragraph (c)(6) of this section. For those
selected items of cost requiring prior approval, the authority to grant
or deny approval is delegated to the Governor for programs funded under
sections 127 or 132 of the Act.
(1) Allowable costs for State, local, and Indian tribal government
organizations must be determined under OMB Circular A-87, ``Cost
Principles for State, Local and Indian Tribal Governments.''
(2) Allowable costs for non-profit organizations must be determined
under OMB Circular A-122, ``Cost Principles for Non-Profit
Organizations.''
(3) Allowable costs for institutions of higher education must be
determined under OMB Circular A-21, ``Cost Principles for Educational
Institutions.''
(4) Allowable costs for hospitals must be determined in accordance
under appendix E of 45 CFR part 74, ``Principles for Determining Costs
Applicable to Research and Development Under Grants and Contracts with
Hospitals.''
(5) Allowable costs for commercial organizations and those non-
profit organizations listed in Attachment C to OMB Circular A-122 must
be determined under the provisions of the Federal Acquisition
Regulation (FAR), at 48 CFR part 31.
(6) In addition to the allowable cost provisions identified above,
the cost of information technology--computer hardware and software--
will only be allowable under WIA title I grants when such computer
technology is ``Year 2000 compliant.'' To meet this requirement,
information technology must be able to accurately process date/time
(including, but not limited to, calculating, comparing and sequencing)
from, into and between the twentieth and twenty-first centuries, and
the years 1999 and 2000. The information technology must also be able
to make leap year calculations. Furthermore, ``Year 2000 compliant''
information technology, when used in combination with other information
technology, must accurately process date/time data if the other
information technology properly exchanges date/time with it.
(d) Government-wide debarment and suspension, and government-wide
drug-free workplace requirements. All WIA title I grant recipients and
subrecipients must comply with the government-wide requirements for
debarment and suspension, and the government-wide requirements for a
drug-free workplace codified at 29 CFR part 98.
(e) Restrictions on Lobbying. All WIA title I grant recipients and
subrecipients must comply with the restrictions on lobbying which are
codified in the DOL regulations at 29 CFR part 93.
(f) Nondiscrimination. All WIA title I recipients, as the term is
defined in 29 CFR 31.2(h), must comply with the nondiscrimination and
equal opportunity provisions of WIA sec. 188 and its implementing
regulations. Information on the handling of discrimination complaints
by participants and other interested parties may be found at
Sec. 667.600(f) of this part.
(g) Nepotism. (1) No individual may be placed in a WIA employment
activity if a member of that person's immediate family is directly
supervised by or directly supervises that individual.
(2) To the extent that an applicable State or local legal
requirement regarding nepotism is more restrictive than this provision,
such State or local requirement must be followed.
