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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
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