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Veteran Workforce Investment Program (VWIP) - General Provisions

GRANTS AND COOPERATIVE AGREEMENTS

I. ADMINISTRATIVE PROVISIONS

This grant is subject to the following administrative standards and provisions.

A. 29 CFR Part 96 (Federal Standards for Audit of Federally Funded Grants, Contracts and Agreements). This rule implements, for State and local governments and Indian tribes that receive Federal Assistance from the DOL, Office of Management and Budget (OMB) Circular A-128 "Audits of State and Local Governments" which was issued pursuant to the Single Audit Act of 1984, 31 U.S.C.§§ 7501-7507. It also consolidates the audit requirements currently contained throughout the DOL regulations.

B. Section 168(b) of the Public Law 105-220 - Administration of Programs Please note that Sections 181-195 also apply.

C. 29 CFR Part 97 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

D. 29 CFR Part 95 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Etc.

E. 29 CFR, Parts 31, 32, and 33 - Nondiscrimination in Federally Assisted Programs of the Department of Labor, Effectuation of Title VI of the Civil Rights Act of 1964, and; Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance (Incorporated by Reference). These rules implement, for recipients of federal assistance, non-discrimination provisions on the basis of race, color, national origin, and handicapping condition, respectively.

F. Applicable provisions of WIA, 29 USC § 2931-39 and its implementing regulations and 20 CFR Part 667.

G. Appeals from nondesignation will be handled under 20 CFR Part 667.

II. MODIFICATIONS TO THE GRANT

A. Unilateral Modifications by Grant Officer

This grant may be unilaterally modified in writing by the Grant Officer whenever there has been a change in any federal statute, regulation, Executive Order, or other Federal law, which, as determined by the U.S. Department of Labor, is relevant to the financial assistance provided under the grant.

Should a grantee not qualify for second year funding, pursuant to the criteria setforth in Section V. Period of Performance, paragraph B. Second-Year Funding, the grantee may apply for a no cost extension or modification. This will allow the grantee to extend the grant period in order to meet the approved programmatic and fiscal goals.

B. Grant Changes Requiring Grant Officer Approval

29 CFR Part 95 and 29 CFR 97.30, as applicable, set forth requirements for obtaining Grant Officer approval for deviations from the grant objectives, scope or budget. Expenditures requiring prior written approval are found in the applicable Federal Cost Principles listed in paragraph III of these General Provisions.

Whenever a modification to the approved grant is requested, the request is to be submitted to the Director for Veterans' Employment and Training (DVET) by the grantee and shall include an application for proposed funding at the new total funding level (Standard Form 424, latest revision); and a short narrative describing the modification requested, the need for the request, and the expected results, if approved. The DVET will forward this request with his/her recommendations through the Regional Administrator for Veterans' Employment and Training through the Assistant Secretary for Veterans' Employment and Training to the Grant Officer.

III. ALLOWABLE COSTS

Payment up to the amount specified in the grant shall be made only for allowable, allocable, and reasonable costs actually incurred in conducting the work under the grant. The determination of allowable costs shall be made in accordance with the following applicable Federal Cost Principles:

State and Local Governments - OMB Circular A-87

Educational Institutions and Hospitals - OMB Circular A-21

Non-profit Organizations - OMB Circular A-122

IV. INTEREST EARNED AND PROGRAM INCOME

Requirements for the use and disposal of interest earned and program income are set forth in 29 CFR Part 95 and 29 CFR 97.21. When required to do so by this provision, the grantee shall remit promptly, but at least quarterly, interest earned on advances to the Grant Officer. The grantee may keep interest amounts up to $100 per year for administrative expenses.

If not otherwise addressed in this grant, program income earned during the period of the grant shall be added to funds committed to the project and used to further eligible program objectives.

V. GRANT CLOSEOUT PROCEDURES

A. Definitions

1. Grant closeout. The closeout of a grant is the process by which a Federal grantor agency determines that all applicable administrative actions and all required work of the grant have been completed by the grantee and the grantor.

2. Date of completion. The date when all work under a grant is completed.

3. Disallowed costs. Disallowed costs are those charges to a grant which the grantor agency or its representative determines to be unallowable in accordance with the applicable Federal Cost Principles or other conditions contained in the grant.

B. Grants shall be closed out in accordance with the following procedures:

1. Upon request, the grantor shall make prompt payments to a grantee for allowable reimbursable costs under the grant being closed out.

2. The grantee shall immediately refund to the grantor any balance of unobligated (unencumbered) cash advanced to the grantee that is not authorized to be retained by the grantee for use on other grants.

3. Within 210 days after completion of the grant period, the grantee shall submit all financial, performance and other reports required by the Grant Officer to close out the grant.

4. The Grant Officer shall make a settlement for any upward or downward adjustments to the Federal share of costs within one year after these reports are received.

5. In the case of grants which include outside contributions, the grantee has a legal requirement to provide the total amount of outside contributions indicated on the face sheet of the agreement, as amended.

6. The grantee shall account for any property acquired with grant funds, or received from the Government in accordance with the provisions of 29 CFR Part 95, or 29 CFR 92.50(b), whichever is applicable.

7. In the event a final audit has not been performed prior to the closeout of the grant, the grantor shall retain the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit.

VI. SUSPENSION AND TERMINATION PROCEDURES

A. Definitions

1. Termination. Termination means the permanent withdrawal of the authority to obligate previously awarded grant funds before that authority would otherwise expire. It also means the voluntary relinquishment of that authority by the grantee or subgrantee.

2. Suspension. Depending on the context, suspension means either, (a) An action by the Grant Officer which temporarily suspends Federal assistance under the grant pending corrective action by the grantee or pending a decision to terminate the grant by the Grant Officer; or (b) An action taken by a suspension official implementing Executive Order 12549 to immediately exclude a person from participating in grant transactions for a period, pending completion of an investigation and such legal or debarment proceedings as may ensue.

B. When a grantee has failed to comply with the terms, conditions or standards of the grant, the Grant Officer may, on reasonable notice to the grantee, suspend the grant, and withhold further payments, or prohibit the grantee from incurring additional obligations of grant funds, pending corrective action by the grantee or a decision to terminate in accordance with paragraph C below. The Grant Officer shall allow all necessary and proper costs which the grantee could not reasonably avoid during the period of suspension provided that they meet the provisions of the applicable Federal Costs Principles.

C. This grant may be terminated for cause or convenience.

1. Termination for cause. The Grant officer may terminate this grant in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with any term of the award, whether stated in a federal statute or regulation, an assurance, an application, a notice of award, or elsewhere. The Grant Officer shall promptly notify the grantee in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the grantee or recoveries by the grantor under grants terminated for cause shall be in accord with the legal rights and liabilities of the parties.

2. Termination for convenience. This may only be accomplished pursuant to

29 CFR 97.44 or 29 CFR Part 95.

VII. ENCUMBRANCE OF GRANT FUNDS

Grant funds may not be encumbered/obligated by the grantee prior to or after the grant period of Performance. Encumbrances/obligations outstanding as of the end of the grant period may be liquidated (paid out) after the end of the grant period. Such encumbrances/obligations shall involve only specified commitments for which a need existed during the grant period and which are supported by approved contracts, purchase orders, requisitions, invoices, bills, or other evidence of liability consistent with the Grantee's purchasing procedures and incurred within the grant period. All encumbrances/obligations incurred during the grant period shall be liquidated within 180 days after the end of the grant period, if practicable.

VIII. SITE VISITS

The grantor, through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the grantor on the premises of the grantee or a subgrantee/contractor under this grant, the grantee shall provide and shall require its subgrantees/contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay the work.

IX. ORDER OF PRECEDENCE

In the event of any inconsistency between any provisions of this grant, the following order of precedence shall apply:

A. Special Provisions

B. General Provisions

C. Grantee's Application for Federal Assistance