INA SGA - as submitted by DOL

DEPARTMENT OF LABOR
Employment and Training Administration
Workforce Investment Act (WIA) - Indian and Native American Employment
and Training Programs; Solicitation for Grant Applications (SGA) – Final
Grantee Award Procedures for Program Years (PY) 2010 and 2011
Announcement Type: New. Notice of Award Procedures for Grantees.
Funding Opportunity Number: SGA-DFA-PY-09-04
Catalog of Federal Domestic Assistance Number (CFDA): 17.265.
Key Dates: The deadline for Notice of Intent (NOI) Part A is [insert date that is
30 days after publication in the Federal Register]. Applications must be received
no later than 4 p.m. Eastern time. Address: Mailed applications must be
addressed to the U.S. Department of Labor, Employment and Training
Administration, Division of Federal Assistance, Attention: B. Jai Johnson, Grant
Officer, Reference SGA/DFA PY-09-04, 200 Constitution Avenue, N.W., Room
N4716, Washington, D.C. 20210. For complete “Application and submission
information,” please refer to Section IV.
I. Funding Opportunity Description
Section 166 of WIA authorizes programs to serve the employment and
training needs of Indian and Native American adults and youth through
competitive two-year grant awards with Indian tribes, tribal organizations,
Alaska Native entities, Indian - controlled organizations serving Indians, or
Native Hawaiian organizations. See WIA section 166, Public Law 105-220 as
amended, codified at 29 U.S.C. 2911.
This SGA contains the procedures by which the Department of Labor
(DOL) will select and designate grantees for Program Years (PY) 2010 and PY

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2011 ( July 1, 2010 to June 30, 2012) to operate Indian and Native American
Employment and Training Programs under WIA section 166 within specified
“service areas.” Grantees must provide services to any eligible applicant, and
ensure equitable access to employment and training services within the service
area. Requirements for these programs are set forth in WIA section 166 and the
implementing regulations, 20 CFR parts 667 and 668, published at 65 FR 49294,
49435 (August 11, 2000). The specific eligibility and application requirements for
designation as a grantee are set forth at 20 CFR part 668, subpart B, which is
attached to this SGA as Exhibit A.
Applying the statutory and regulatory requirements, DOL will select
entities for WIA section 166 funding for a two-year period. Designated grantees
will be funded annually during the designation period, contingent upon
compliance with all grant award requirements and the availability of Federal
funds. DOL waived nation-wide competition for the WIA section 166 program
in PYs 2006 through 2009. DOL has decided that there will be no waivers of
competition for PY 2010 and 2011.
All applicants for designation as a WIA section 166 grantee for PY 2010
and PY 2011 must submit an NOI - Part A, in accordance with this SGA if they
wish to be considered for an award of WIA funds. Current grantees and
potential eligible tribes participating in Public Law 102-477 Demonstration
Projects also must submit a NOI, Part A, and an application in accordance with
the terms of this SGA The employment and training activities proposed in the
applications for Indian, Alaska Native, and Native Hawaiian individuals must:
(a) develop the academic, occupational, and literacy skills of such
individuals;
(b) make such individuals more competitive in the workforce; and
(c) promote the economic and social development of Indian, Alaska
Native, and Native Hawaiian communities in accordance with the goals
and values of such communities.

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Congress has also directed DOL to administer the WIA section 166
Program in a manner consistent with the principles of the Indian SelfDetermination and Education Assistance Act, 25 U.S.C. 450, et seq., and the
government-to-government relationship between the Federal Government and
Indian tribal governments (WIA section 166(a) (2)).
This SGA describes the information that all applicants must submit in
order to be designated as a WIA section 166 grantee. Entities new to this process
should be aware that being designated as a section 166 grantee, according to this
SGA, will not automatically result in a grant award. Prior to making a
designation determination, the Grant Officer will conduct a “responsibility
review,” in accordance with 20 CFR § 667.170, (a review of the applicant’s
available records to assess its overall ability to administer Federal funds), of all
applicants as part of the designation process, along with a review of the
applicant’s ability to administer funds, in accordance with §§ 668.220, and
668.230, to determine if applicants are capable of handling and accounting for
Federal funds.
Entities that are designated as grantees must prepare and obtain DOL
approval of a two-year Comprehensive Service Plan (CSP). The CSP must
include a detailed strategic plan for eligible adult and youth participants.
Instructions for preparation of the CSP will be issued to all designated service
providers in accordance with 20 CFR part 668, subpart G.
After DOL approves a section 166 designee's CSP, DOL and the grantee
will execute a grant agreement that includes the certifications and assurances
required under 20 CFR 668.292. The grant agreement will reflect the amount of
section 166 funds awarded in accordance with 20 CFR 668.296 and 668.440.
Upon approval of the required planning documents, the funds will be released to
the grantee via a Notice of Obligation.
II. Award Information

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A. Amount of Funds to be Awarded
Funds available under this notice will be awarded by grant.
Approximately $53 million is available to fund the Comprehensive Service
Program (Adult) and $14 million is available for the Supplemental (Youth)
Services Program .
B. Type of Assistance Instrument
As stated in Section I, DOL has not waived competition for any service
areas for the PY 2010-2011 grant cycle. Therefore, challengers may compete with
current grantees. The amount of WIA section 166 funds to be awarded to each
INA grantee will be determined under the procedures set forth at 20 CFR 668.296
for funds under the Adult program and 20 CFR 668.440 for Youth funded
programs. DOL will determine award amounts after grantees have been
designated.

C. Anticipated Number of Awards
Approximately 179 grantees may be designated under this SGA.

D. Expected Amounts of Individual Awards
Funds will be distributed nationwide on the basis of the geographic
service areas awarded. Awards under the CSP (Adult) are anticipated to range
from approximately $16,000 to approximately $5.8 million. Awards for the
Supplemental Youth Services Program (Youth) are anticipated to range from
approximately $1,073 to $3.1 million. Final award amounts in each category will
depend on census data and the final PY 2010 appropriation levels.
E. Average Amount of Funding Per Award

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For PY 2009, the average Adult program grant amount was $296,764, and
the average Supplemental Youth Services grant amount was $102,170. We expect
that average funding for the PY 2010 awards will not differ significantly from
these amounts.

F. Anticipated Start Dates and Periods of Performance for New Award
Grantees will be expected to commence operations of the Supplemental
Youth Service Program on April 1, 2010, and the Adult program on July 1, 2010.
The performance period for all grantees will be from July 1, 2010 to June 30, 2012.

III. Eligibility Information
A. Definitions used to identify eligible applicants.
DOL will use the following definitions and special designation situations
in determining eligibility and designating Section 166 service providers:
1. Native American-, Native Hawaiian- or Native Alaskan-Controlled
Organization:
A Native American, Native Hawaiian, or Native Alaskan-controlled
organization is defined as any organization with a governing body, where more
than 50 percent of the governing board members are Native Americans, Indians,
Native Hawaiians, or Native Alaskans. Such an organization can be a tribal
government, Native Alaska entity, Native Hawaiian entity, consortium, or public
or private nonprofit agency. For the purpose of this SGA, the governing board
must have decision-making authority for the WIA Section 166 program.

2. Consortium:
A consortium or its members must meet the requirements of 20 CFR
668.200(a), as follows: (1) have a legal status as a government or as an agency of a

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government, private non-profit corporation; (2) have the ability to administer
INA program funds; (3) meet the funding thresholds.
Consortium members must also:
• Be in close proximity to one another, but they may operate in more than
one State;
• Have an administrative unit legally authorized to run the program and
to commit the other members to contracts, grants, and other legally binding
agreements; and
• Be jointly and individually responsible for the actions and obligations of
the consortium, including debts.

3. Service Area
Service Area is defined as the geographic area, described as states,
counties, or reservations, or parts or combinations thereof, for which a Section
166 designation is made. (Unlike prior years, a service area cannot be defined in
terms of a specific population to be served.) The formal designation letter issued
by the Grant Officer will notify the applicant about the geographic service area
for which it has been designated. Grantees must ensure that all eligible
population members within the geographic service area have equitable access to
employment and training services. See 20 CFR 668.650(a).

4. Service Areas for Alaska Native Entities
Through prior grant competitions, DOL has established geographic
service areas for Alaska Native employment and training grantees based on the
following: (a) The boundaries of the regions defined in the Alaska Native Claims
Settlement Act; (b) the boundaries of major sub-regional areas where the primary
provider of human resource development-related services is an Indian
Reorganization Act (IRA) - recognized tribal council; and (c) the boundaries of

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the one Federal reservation in Alaska. These service areas may be modified as a
result of the current grant competition. Within these established or revised
geographic service areas, DOL will designate the primary Alaska Nativecontrolled human resource development services provider or an
entity formally selected by that provider. In the past, these entities have been
regional nonprofit corporations, IRA - recognized tribal councils, and the tribal
government of the Metlakatla Indian Community.
5. Service Areas for Oklahoma Indians
Through prior grant competitions, DOL has established geographic
service areas for Indian employment and training programs in Oklahoma, which
have generally been county-wide areas. These service areas may be modified as
a result of the current grant competition. In cases in which a significant portion
of the land area of an individual county lies within the traditional jurisdiction(s)
of more than one tribal government, the service area has been subdivided on the
basis of tribal identification information contained in the most recent Federal
Decennial Census of Population. Wherever possible, DOL will honor
arrangements mutually satisfactory to grantees in adjoining or overlapping
geographic service areas. Where such mutually satisfactory arrangements
cannot be made, DOL will designate and assign service areas to Native American
grantees in a manner that is consistent with WIA and that will preserve
continuity of services and prevent undue fragmentation of the programs.

B. Eligible Applicants
To be eligible for designation as a section 166 grantee in a geographic
service area, an entity must meet all eligibility requirements of WIA section 166
and 20 CFR 668.200, as well as the application and designation requirements
found at 20 CFR part 668, subpart B (see Exhibit A attached).

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Applicants are expected to review and must comply with the statute and
regulations. Eligible entities must have a legal status as a government, an agency
of a government, a private non-profit corporation (i.e., incorporated under IRS
Section 501(c) (3) or 501(c) (4) (except for section 501(c)(4) organizations that
engage in lobbying, as provided in section VI.B.1) , or a consortium that satisfies
the requirements of 20 CFR 668.200(a), (b), and (c)(6)).
Organizations that are potentially eligible to apply for WIA Section 166
funds under this solicitation are:
• Federally recognized Indian Tribes;
• Tribal organizations as defined in 25 U.S.C. 450b;
• Alaskan Native-controlled organizations representing regional or
village areas, as defined in the Alaska Native Claims Settlement Act;
• Native Hawaiian-controlled entities;
• Native American-controlled organizations serving Indians (see
definition of Native American-controlled organizations below);
• State-recognized tribal organizations serving individuals who were
eligible to participate under the section 401 of the Job Training Partnership Act as
of August 6, 1998;
• Consortia of eligible entities each of which individually meets the
criteria for eligibility to apply for a grant (see definition of a consortium below).
See WIA sections 166(b)(1), (c)(1), and (d)(2)(B); 20 CFR 668.200.
Community and faith-based organizations are eligible to apply for
section 166 grants in accordance with WIA section 166(c) and 20 CFR 668.200(c)
and (d) if they are Native American-, Alaska Native-, or Native Hawaiiancontrolled.

Funding Thresholds: Applicants seeking to provide services in a
geographic service area for the first time must request one or more geographic

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service areas in competition that contain an eligible population of sufficient size
to result in a funding level of at least $100,000 under the combined adult and
youth funding formulas. See § 668.200(a)(3). Current section 166 grantees that do
not meet the $100,000 threshold are exempt from this requirement. Federallyrecognized tribes currently receiving, or applying for WIA § 166 funds under
Public Law 102-477 only need to meet a $20,000 threshold, as long as the
combined funding under Public Law 102-477 is at least $100,000. Attachment C
provides funding estimates for the geographic areas in competition.

C. Other eligibility criteria

1. Additional key requirements.
Additional key requirements include the following: Applicants must be
determined to be capable of handling and accounting for Federal grant money.
See 20 CFR 667.170 668.200(a)(2), 668.220, and 668.230. Requested geographic
service areas must comply with eligibility restrictions based on the formula
funding level associated with the population size. See 20 CFR 668.200(a) (3),
668.296(b), and 668.440(a).

2. Priorities
The regulations establish priorities for designation among eligible entities.
A federally recognized Indian tribe, band, or group on its reservation (including
former reservation areas in Oklahoma), and Alaska Native entities defined in the
Alaska Native Claims Settlement Act (ANCSA) (or consortia that include a tribe
or an ANCSA entity) will receive priority over any other organization for

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designation as the service provider for the geographic area over which the entity
has legal jurisdiction, provided that the entity has the capability to administer the
program and also meets all eligibility and regulatory requirements. See 20 CFR
668.210(a). If the Grant Officer decides not to designate Indian Tribes or Alaska
Native entities to serve their service areas, the Grant Officer will enter into
arrangements to provide services with entities which the tribes or Alaska Native
entities involved approve. See 20 CFR 668.210(b). In geographic areas not
served by Indian tribes or Alaska Native entities, entities with a Native
American-controlled governing body and which are representative of the Native
American Community or communities involved will have priority for
designation. See 20 CFR 668.210(c).

C. Cost Sharing or Matching
The WIA section 166 program does not require grantees to share costs or
provide matching funds.
D. Debarred, Suspended, Convicted, Defaulting Entities
In accordance with 29 CFR part 98, entities that are debarred or suspended
are excluded from Federal financial assistance and are ineligible to receive a WIA
section 166 grant. Additionally, entities that have been convicted of a violation
of 18 U.S.C. 665 and/or 666, or that are in default of any debt repayment
agreement signed with DOL or any Federal agency, are ineligible to receive an
award under this SGA.

E. Recipients of Services
All recipients of adult and youth services under WIA section 166 must
meet the eligibility requirements of 20 CFR 668.300 and 668.430, respectively.
F. Veterans Priority

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The Jobs for Veterans Act (Pub. L. 107-288) requires priority of service to
veterans and spouses of certain veterans for the receipt of employment, training,
and placement services in any job training program directly funded, in whole or
in part, by DOL. The regulations implementing this priority of service can be
found at 20 CFR part 1010. In circumstances where a grant recipient must choose
between two qualified candidates for training, one of whom is a veteran or
eligible spouse, the Veterans Priority of Service provisions require that the grant
recipient give the veteran or eligible spouse priority of service by admitting him
or her into the training program. To obtain priority of service a veteran or
spouse must meet the program’s eligibility requirements. Grantees must comply
with DOL guidance on veterans’ priority. Employment and Training
Administration (“ETA”) Training and Employment Guidance Letter (TEGL) No.
10-09 (issued November 10, 2009) provides guidance on implementing priority of
service for veterans and eligible spouses in all qualified job training programs
funded in whole or in part by DOL. TEGL No. 10-09 is available at
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2816.
G. Allowable Activities
Allowable activities are those listed in 20 CFR 668.340. See 20 CFR 668.350
for restrictions on allowable activities. Additional requirements for providing
youth services can be found at 20 CFR 668.450.
H. Required Partner
In those local workforce investment areas where an INA grantee conducts
field operations or provides substantial services, the INA grantee is a required
partner in the local One-Stop delivery system and is subject to the provisions
relating to such partners in 20 CFR part 662. The INA grantee and the Local
Board which oversees the operation of the One-Stop Center(s) in a workforce

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investment area also must execute a Memorandum of Understanding (MOU).
See 20 CFR 668.360.
IV. Application and Submission Information
A. Application Package
This SGA, together with the attached excerpt of regulations (20 CFR part
668, subpart B), includes all information needed to apply for designation as a
WIA section 166 service provider.
B. Content and Form of Application Submission
Every applicant for designation as a WIA section 166 grantee for PY 2010
and PY 2011, except as noted elsewhere in this section, must submit a signed
original and two copies of an “NOI - Part A'' containing the information listed
below. Incumbent federally recognized tribes participating in the demonstration
under Public Law 102-477 whose status has not changed need only to submit a
completed Standard Form (SF) 424 (Application for Federal Assistance). The SF424, the Budget Information Form (SF-424A), and budget narratives all must be
signed by an authorized signatory official for the applicant. The authorized
official must be authorized to bind the grantee to the grant agreement. Note that,
for each noncontiguous geographic service area for which an entity is applying,
a separate NOI - Part A must be submitted.

1. Notice of Intent – Part A Requirements
Each NOI – Part A must include the following:
(1) A cover letter and, if necessary, another document (for example, a tribal
resolution), signed by an authorized signatory official, that requests designation
and provides the information listed below or indicates that it accompanies the
cover letter.

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(2) (i) A completed SF-424, “Application for Federal Assistance,” signed by the
authorized signatory official. See Exhibit B.
(ii) Since October 1, 2003, all applicants for Federal grant and funding
opportunities have been required to have a Dun and Bradstreet (D.U.N.S.)
number. See the Office of Management and Budget (OMB) Notice of Final Policy
Issuance, 68 FR 38402 (June 27, 2003). Applicants for WIA section 166
designation must supply their D.U.N.S. number in item 5 of the SF-424. See
Exhibit B. Where a consortium is formed to apply for designation, the
consortium must obtain a D.U.N.S. number. If the award will be made to the
lead entity in the consortium, then the D.U.N.S. number for that lead entity must
be used. The D.U.N.S. number is a nine-digit identification number that
uniquely identifies business entities. Obtaining a D.U.N.S. number is easy and
there is no charge. To obtain a D.U.N.S. number, access the following Web site:
http://www.dunandbradstreet.com or call 1-866-705-5711. Requests for
exemption from the D.U.N.S. number requirement must be made to OMB.
(iii) A completed SF-424A “Budget Information Form” signed by the authorized
signatory official. See Exhibit C. Separate budget information instruction forms
for Adult and Youth funding, as applicable, must be completed.
(iv) Identification and documentation of the applicant's legal status as
described in 20 CFR 668.200(a)(1)), including copies of articles of incorporation
for nonprofit corporations or consortium agreement (if applicable).
(v) A specific description of the geographic area being applied for by
state(s), counties, reservation(s), subparts, or combinations thereof.
(vi) Evidence to establish an entity’s ability to administer funds under 20 CFR
668.220 through 668.230.

2. Notice of Intent--Part B Requirements (Applicable to competitions only)
If two or more eligible entities file an NOI-Part A and satisfy the initial
review described in section IV(C), and they have applied to provide section 166

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services for all or part of the same geographic service area or for overlapping
service areas and no applicant is entitled to priority designation under 20 CFR
668.210, or the applicants have identical priorities, then a competitive selection
will be made following the procedures in this section. When competitive
selection is necessary, the Grant Officer will, notify each applicant of all
competing NOIs no later than 45 days after publication of this SGA in the Federal
Register and invite the competing applicants to submit the supplemental NOIPart B and any additional information that the applicant determines is
appropriate. To be considered, the Part B information and any additional
information must be received by the Grant Officer or be postmarked, in
accordance with the directions in section IV (D), within 20 days of the date of the
Grant Officer’s notification letter.
An applicant whose initial NOI submission addressed the requirements for
both Part A and Part B does not need to submit a separate Part B. Exclusive of
charts, graphs, or letters of support, Part B must not exceed 50 pages of doublespaced, single-sided 8.5” inch x 11 inch pages with 12 point text font, and oneinch margins. Applicants subject to the NOI-Part B requirements must also
submit 3 copy ready copies of Part B.

C. Submission Dates and Times.
These directions apply to both NOI-Part A and NOI-Part B, unless otherwise
specified.
The closing date for receipt of applications (NOI – Part A) under this
announcement is [insert date that is 30 days after publication in the Federal
Register.] Mailed applications must be received at the address below no later
than 4 p.m. Eastern Time, and online applications must be successfully submitted
at grants.gov before the same deadline. Applications sent by e-mail, telegram, or
facsimile (FAX) will not be accepted. Applications that do not meet the
conditions set forth in this notice will be considered non-responsive. No

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exceptions to the mailing and delivery requirements set forth in this notice will
be granted.
Mailed applications must be addressed to the U.S. Department of Labor,
Employment and Training Administration, Division of Federal Assistance,
Attention: B. Jai Johnson, Grant Officer, Reference SGA/DFA- PY 09-04, 200
Constitution Avenue, NW, Room N4716, Washington, DC 20210. Applicants are
advised that mail delivery in the Washington area may be delayed due to mail
decontamination procedures. Hand-delivered proposals will be accepted at the
above address. All applications submitted through professional overnight
delivery service will be considered to be hand-delivered and must be received at
the designated place by the specified closing date and time.
Applicants may apply online through Grants.gov (www.grants.gov)
While not mandatory, DOL encourages the submission of applications thru
professional overnight delivery service.
NOI-Part A applications that are submitted through Grants.gov must be
successfully submitted at http://www.grants.gov no later than 4 p.m. Eastern
Time,[insert date that is 30 days after publication in the Federal Register.] NOIPart A and Part B applications must also be validated by Grants.gov. The
submission and validation process is described in more detail below. The
process can be complicated and time-consuming. Applicants are strongly
advised to initiate the process as soon as possible and to plan for time to resolve
technical problems if necessary.
It is strongly recommended that before the applicant begins to write the
proposal, applicants should immediately initiate and complete the “Get
Registered” registration steps at
http://www.grants.gov/applicants/get_registered.jsp. These steps may take
multiple days or weeks to complete, and this time should be factored into plans
for electronic submission in order to avoid unexpected delays that could result in
the rejection of an application. It is strongly recommended that applicants use

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the “Organization Registration Checklist” at
http://www.grants.gov/assets/Organization_Steps_Complete_Registration.pdf
to ensure the registration process is complete.
Within two business days of application submission, Grants.gov will send
the applicant two email messages to provide the status of application progress
through the system. The first email, almost immediate, will confirm receipt of the
application by Grants.gov. The second email will indicate the application has
either been successfully validated or has been rejected due to errors. Only
applications that have been successfully submitted and successfully validated
will be considered. It is the sole responsibility of the applicant to ensure a timely
submission, therefore sufficient time should be allotted for submission (two
business days), and if applicable, subsequent time to address errors and receive
validation upon resubmission (an additional two business days for each ensuing
submission). It is important to note that if sufficient time is not allotted and a
rejection notice is received after the due date and time, the application will not be
considered. Applications received by Grants.gov after the established due date
and time will be considered late and will not be considered.
To ensure consideration, the components of the application must be saved
as either .doc, .xls or .pdf files. If submitted in any other format, the applicant
bears the risk that compatibility or other issues will prevent our ability to
consider the application. ETA will attempt to open the document but will not
take any additional measures in the event of issues with opening. In such cases,
the non-conforming application will not be considered for funding.
We strongly advise applicants to use the tools and documents, including
FAQs that are available on the “Applicant Resources” page at
http://www.grants.gov/applicants/app_help_reso.jsp#faqs. To receive
updated information about critical issues, new tips for users and other time
sensitive updates as information is available, applicants may subscribe to

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“Grants.gov Updates” at
http://www.grants.gov/applicants/email_subscription_signup.jsp.
If applicants encounter a problem with Grants.gov and do not find an
answer in any of the other resources, call 1-800-518-4726 to speak to a Customer
Support Representative or email “[email protected]”.
D. Late Applications
For applications submitted on Grants.gov, only applications that have
been successfully submitted no later 4 p.m. Eastern Time on the closing date and
then successfully validated will be considered. Any application received after
the date and time specified in this notice will not be considered, unless it is
received before awards are made, it was properly addressed, and it was: (a) sent
by U.S. Postal Service mail, postmarked not later than the fifth calendar day
before the date specified for receipt of applications (e.g., an application required
to be received by the 20th of the month must be postmarked by the 15th of that
month); or (b) sent by professional overnight delivery service to the addressee
and received at the designated place by the specified closing date and time.
‘‘Postmarked’’ means a printed, stamped or otherwise placed impression
(exclusive of a postage meter machine impression) that is readily identifiable,
without further action, as having been supplied or affixed on the date of mailing
by an employee of the U.S. Postal Service.
Therefore, applicants should request the postal clerk to place a legible
hand cancellation ‘‘bull’s eye’’ postmark on both the receipt and the package.
Failure to adhere to the instructions will be a basis for a determination that the
application was filed late. Evidence of timely submission by a professional
overnight delivery service must be demonstrated by equally reliable evidence
created by the delivery service provider indicating the time and place of receipt.

E. Intergovernmental Review

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This funding opportunity is not subject to Executive Order (EO) 12372,
“Intergovernmental Review of Federal Programs.”

F. Funding Restrictions
Determinations of allowable costs will be made in accordance with the
applicable Federal cost principles, e.g., OMB Circulars A-87 for tribal
governments, A-122 for private non-profits, and A-21 for educational
institutions. See 20 CFR 668.840. The WIA cost rules at 20 CFR 667.200 to
667.220, and the administrative requirements at 20 CFR Part 668, subpart H also
apply.
Construction (as opposed to maintenance and/or repair) costs are
generally not allowed under WIA, except in specific circumstances specified at 20
CFR 667.260. Certain pre-award costs may be allowable with specific advance
approval of the Grant Officer in accordance with OMB Circular A-87 or A-122.

1. Indirect Costs
As specified in OMB Circular Cost Principles, indirect costs are those that
have been incurred for common or joint objectives and cannot be readily
identified with a particular final cost objective. In order to use grant funds for
indirect costs incurred, the applicant must obtain an Indirect Cost Rate
Agreement with its cognizant Federal agency either before or shortly after grant
award.

2. Administrative Costs
Administrative costs could be direct or indirect costs, and are defined at 20 CFR
667.220. Under 20 CFR 668.825 and 667.210(b) and this SGA, limits on administrative
costs will be negotiated with the grantee and identified in the grant award document. In
no event may these costs exceed 15 percent of the amount of the grant. Administrative

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costs do not need to be identified separately from program costs on the SF 424A Budget
Information Form. However, they must be discussed in the budget narrative and tracked
through the grantee’s accounting system. To claim any administrative costs that are also
indirect costs, the applicant must obtain an Indirect Cost Rate Agreement from its
cognizant Federal agency.

3. Salary and Bonus Limitations:

Under Public Law 109-234, none of the funds appropriated in Public Law
109-149 or prior Acts under the heading ”Employment and Training
Administration” that are available for expenditure on or after June 15, 2006, shall
be used by a recipient or sub-recipient of such funds to pay the salary and
bonuses of an individual, either as direct costs or indirect costs, at a rate in excess
of Executive Level II. Public Laws 111-8 and 111-117 contain the same limitations
with respect to funds appropriated under each of those laws. These limitations
also apply to grants funded under this SGA. The salary and bonus limitation
does not apply to vendors providing goods and services as defined in OMB
Circular A-133 (codified at 29 CFR Parts 96 and 99). See Training and
Employment Guidance Letter number 5-06 for further clarification:
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262.

4. Intellectual Property Rights:
The Federal Government reserves a paid-up, nonexclusive and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use for
Federal purposes: i) the copyright in all products developed under the grant,
including a subgrant or contract under the grant or subgrant; and ii) any rights of
copyright to which the grantee, subgrantee or a contractor purchases ownership
under an award (including but not limited to curricula, training models,

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technical assistance products, and any related materials). Such uses include, but
are not limited to, the right to modify and distribute such products worldwide by
any means, electronically or otherwise. Federal funds may not be used to pay
any royalty or licensing fee associated with such copyrighted material, although
they may be used to pay costs for obtaining a copy. Those costs are limited to the
developer/seller costs of copying and shipping. If revenues are generated
through selling products developed with grant funds, including intellectual
property, these revenues are program income. Program income is added to the
grant and must be expended for allowable grant activities.
If applicable, grantees must include the following language on all
products developed in whole or in part with grant funds:
“This workforce solution was funded by a grant awarded by the U.S.
Department of Labor’s Employment and Training Administration. The solution
was created by the grantee and does not necessarily reflect the official position of
the U.S. Department of Labor. The Department of Labor makes no guarantees,
warranties, or assurances of any kind, express or implied, with respect to such
information, including any information on linked sites and including, but not
limited to, accuracy of the information or its completeness, timeliness,
usefulness, adequacy, continued availability, or ownership. This solution is
copyrighted by the institution that created it. Internal use by an organization
and/or personal use by an individual for non-commercial purposes is
permissible. All other uses require the prior authorization of the copyright
owner.”

G. Other Submission Requirements

Withdrawal of Applications:
Applications may be withdrawn by written notice to the Grant Officer at
any time before an award is made.

21

H. Addresses
Send a signed original and two copies of the NOI - Part A to Ms. B. Jai
Johnson, Grant Officer, U.S. Department of Labor, Employment and Training
Administration, Division of Federal Assistance,
200 Constitution Avenue, NW, Room N-4716, Washington, DC 20210. For
further information on this SGA, please contact Ms. Johnson.
I. For Further Information Contact
To confirm DOL's receipt of your submission, contact Ms. Serena Boyd,
Grants Management Specialist, U. S. Department of Labor, Office of Grants and
Contract Management, telephone number (202) 693-3338 (this is not a toll-free
number). ADD E-MAIL ADDRESS

V. Application Rating Criteria
1. The following review criteria, totaling 100 points, apply only to those
applicants who are subject to the NOI - Part B requirements as described in Part
VI D of this SGA. The criteria listed below will be considered in evaluating these
applicants’ capability to provide services and their ability to produce the best
outcomes for the individuals residing in proposed geographic service area.
1. Status as an Indian tribe, Alaska Native entity, Indian-controlled
organizations serving Indians, or Native Hawaiian organization; consortia of
eligible entities; or State-recognized tribe. – 5 points
By statute, priority for designation will be given to federally recognized
Indian tribe, band, or group on its reservation (including former reservation
areas in Oklahoma), and Alaska Native entities defined in the Alaska Native
Claims Settlement Act (ANCSA) (or consortia that include a tribe or an ANCSA

22
entity). Tribal consortiums and State-recognized tribes also have designation
priority.

Applicants will be evaluated on:
The evidence that establishes the applicant’s qualifications as an eligible entity
(such as the submission of a tribal resolution or evidence of its status as a Native
American-, Native Hawaiian-, or Native Alaskan-controlled organization).
2. Understandingof the Unique Problems of Eligible Indian, Alaska Native,
Native Hawaiian Adults and Youth - 30 Points.
Understanding the employment, training, and educational barriers
encountered by the requested service population requires knowledge of the
economy, infrastructure, and culture unique to that population. Therefore,
applicants must describe the economic factors facing the geographic service area
they propose to serve. Applicants should also discuss the employment outlook
for the area, including such factors as the number of Indians and Native
Americans in the requested service area, as well as the corresponding poverty
rate, unemployment rate, graduation rate, jobs available in the area, including
high-growth jobs. Applicants must describe the socio-economic characteristics
and conditions faced by eligible Indian, Alaska Native, and Native Hawaiians,
and their families, in the proposed geographic service area.
3. Previous experience successfully operating an employment and training
program for serving Indians, Alaskan Natives, or Hawaiian Natives - ? points.
Applicants should provide examples of previous experience operating
employment and training programs, along with a description of outcomes.
Examples of operating a program in any service area will be relevant in the
scoring process.

23
ƒ

Any experience the organization has successfully operating an
employment and training program for serving Indians, Alaskan Natives,
or Hawaiian-Natives;

ƒ

Any experience the organization has successfully operating any type of
program that serves Indians, Alaskan Natives, or Hawaiian Natives;

ƒ

Any experience the organization has had operating grants from other
Federal or non-Federal sources, and the capability to administer multiple
funding streams;

ƒ

Any experience the organization has successfully operating and
employment and training program.

4 Demonstrated capability to successfully operate an employment and training
program established for and serving Indians, Alaskan Natives, or Hawaiian
Natives –? Points
Applicants must demonstrate that they have the capability to
successfully operate an employment and training program. Include a description
of outcomes. Examples of operating a program in any service area will be
relevant in the scoring process.
Applicants must also address:
ƒ

The organizational structure and experience that enables the applicant to
manage an employment and training program designed to addressed the
barriers to employment, and special needs of Indian, Alaskan Native, and
Native Hawaiian adults and youth;

ƒ

The experience, responsibilities, and qualifications of the applicant’s
staff, ;

.

Any experience the organization has had operating grants from other

Federal or non-Federal sources;
ƒ

The applicant’s ability to serve a maximum number of eligible
participants, and,

24
ƒ

The applicant’s capability to begin program operation in the proposed
geographic service area by July 1, 2010.

5) Adminstrative capacity to successfully operate an employment and training
program for serving Indians, Alaskan Natives, or Hawaiian Natives - ? Points
Applicants must demonstrate that they have adequate and sustainable
management information, performance management, case management
accounting, and program and fiscal reporting systems in place to ensure
program and fiscal integrity. Because the WIA section 166 program has
eligibility requirements for participation in the program, the applicant must also
describe an eligibility determination and verification system that will enable the
applicant to make correct eligibility determinations. .In addition, all ETA-funded
job training programs, including the WIA section 166 program, are required to
submit program and financial reports. Therefore, the applicant must
demonstrate the capability to collect data, and to ensure that the data collected
and reports submitted are accurate. Applicants must also describe their system
in support of program integrity, such as the management and security of
participant records. Fiscal integrity of federal funding is also imperative; thus,
applicants must describe a system that tracks funds and expenditures to ensure
that funds are spent lawfully. The system must have the capacity to track
spending by program, to ensure that, for those organizations with funding from
more than one federal program, expenditures are posted against the appropriate
program. Applicants must describe their capacity to manage the supportive
services and account for expenditures related to these services. The applicant
must also demonstrate its capacity to provide case management as well as the
electronic tools to be used (personal computer, internet access, and email
accounts) to implement client-centered, case management systems.
Applicants must also address:
. The applicant’s capability to administer multiple funding streams;

25
. The fiscal controls in place in the organization for auditing, and the
applicant’s accountability procedures;
. The applicant’s capability to collect and manage data, in a way that allows
consistent, accurate, and timely reporting.

6

Strategic Plan ADD MORE DETAIL ABOUT WHAT ETA WANTS RE
STRATEGIC PLANNING, AND FOR PROVIDING THE MIX OF
SERVICES .

Integrated Service Strategy: Linkages with Indian and non-Indian, Alaska
Native, and Native Hawaiian and non-Native American employment and
training resources within the community, including, but not limited to,
Workforce Investment Boards, One-Stop Career Centers (as applicable), Youth
Councils, educational, or Veteran Organizations, to eliminate duplication of
service. – 30 Points
WIA section 166 grantees must work with tribal economic development
programs, the workforce investment system, One-Stop-Career Center System,
educators, veteran organizations, youth councils, and other strategic partners in
order to maximize career and education opportunities for the service population.
WIA section 166 grantees must also effectively leverage resources, and identify
new strategies to ensure that Indians, Alaska Natives, and Native Hawaiians
adults and youth develop the skills necessary to increase their earnings and to
compete in the labor market. Therefore, applicants must describe in detail their
strategies for providing the mix of services and activities offered to the intended
service population.
A balanced mix emphasizes employment and training activities,
recognizing the importance of related assistance services, and includes service
delivery strategies that focus on appropriate educational approaches, such as
career guidance, and GED preparation. Therefore, the applicant must describe

26
partnerships with tribal economic development programs, the workforce
investment system, One-Stop Career Center, educators, including the
Department of Education or Tribal Colleges, veteran organizations, youth
councils or other key stakeholders in the proposed geographic service area.
The applicant must also describe how these partnerships will strengthen
Indian, Native Alaskan, or Native Hawaiian adults’ and youths’ ability to obtain
or retain employment, access educational opportunities, or employment
opportunity in high demand and/or high growth sectors.
Applicants must discuss any involvement they have had with local
employers within the geographic service area, and efforts that have been made to
link unemployed Indians and Native Americans with employers.

Applicants must also address:
ƒ

The partnerships they have developed or initiated and the degree to
which each partner plays a committed role in providing employment and
training, educational, or veteran services to Indian, Alaska Native, and
Native Hawaiians in the proposed geographic service area;

ƒ

Its plan for interaction and communication between key partners and the
capability to manage partnerships;

ƒ

The applicant’s connections with educational institutions or Tribal
colleges, veteran organizations, or social service programs in the proposed
geographic service area;

ƒ

The applicant’s experience working with the workforce systems and OneStop Career Centers in the proposed geographic service area; and

ƒ

The services currently offered to eligible veterans and spouses, as well as a
detailed plan on how the applicant intends to implement veteran and
spousal priority of service in their proposed geographic service area.

2. Review Process for All Applications

27
DOL's INA Program, with the concurrence of the Grant Officer, will
conduct an initial review of all submissions for Section 166 designation for
compliance with the statute, regulations, and this SGA. The initial review will
consider the timeliness and completeness of the submission, applicant eligibility,
eligibility of the requested service area, population size, and priorities, as
described in section III B 2, herein. The review will also consider the applicant’s
ability to administer funds as specified at 20 CFR 668.220 and 668.230.
Applicants that do not satisfy these conditions will not be funded.
The Grant Officer may require additional or clarifying information or action,
including a site visit, before designating applicants and/or before determining
whether to conduct a competition for a particular geographic service area. In
addition, applicants may be required to address actions taken to correct
deficiencies identified by the DOL, including specific timeframes for completion
Organizations with no prior grant history with DOL, or about whom there
are financial or grant management concerns, may be conditionally designated
pending an onsite review and/or a six-month assessment of program progress.
Failure to satisfy such conditions may result in a withdrawal of designation. The
Grant Officer is not required to adhere to the geographical service area requested
in an NOI. The Grant Officer may make the designation applicable to all of the
area requested or, if acceptable to the applicant, a portion of the area requested
or more than the area requested.

3. Competitive Selection Procedures:
Where competitive evaluation is required, the Grant Officer will use a
formal panel review process to score the information submitted with the
complete NOI (Part A and B), using the criteria listed in Section V (1). The
review panel will include individuals with knowledge of or expertise in
programs dealing with Indians and Native Americans. The purpose of the panel

28
is to review and evaluate an organization's potential, based on its application
(including the supplemental information required in Part B), to provide
services to a specific Native American community, to rate the proposals in
accordance with the rating criteria described in Section V(1), and to make
recommendations to the Grant Officer.
It is DOL's policy that no information affecting the panel review process
will be solicited or accepted after the deadlines for receipt of applications set in
this SGA. All submitted information must be in writing. This policy does not
preclude the Grant Officer from requesting or considering additional information
independent of the panel review process.
During the review, the panel will not give weight to undocumented
assertions. Any information must be supported by adequate and verifiable
documentation, e.g., supporting references must contain the name of the contact
person, an address, and telephone number. Panel ratings and recommendations
are advisory to the Grant Officer.
The Grant Officer will make the final determination of section 166
designees and of the geographic service area for which each designation is
made. In accordance with 20 CFR 668.250(b) (4), the Grant Officer will select the
entity that demonstrates the ability to produce the best outcomes for its
customers, based on all available evidence. In addition to considering the review
panel's rating, the Grant Officer will consider input from DOL’s Indian and
Native American Program, other offices within ETA, and the DOL Office of the
Inspector General, and any other available information regarding applicants'
financial capability, operational capability, and responsibility in order to make
funding determinations that are most advantageous to the government. The
Grant Officer need not designate an entity for every geographic area (see 20 CFR
668.294). If there are service areas for which no entity submitted a complete NOI,
the Grant Officer may either designate no service provider or may designate an

29
entity based on demonstrated capability to provide the best services to the client
population.

4. Anticipated Announcement and Designation
If possible, designation decisions will be made by March 30, 2010.
VI. Award Administration Information
A. Award Notices
All award notifications will be posted on the ETA Homepage
(http://www.doleta.gov). Applicants selected for award will be contacted
directly before the grant’s execution and non-selected applicants will be notified
by mail. The Grant Officer will notify section 166 applicants of designation
results as follows:
(i) Designation Letter. The designation letter signed by the Grant Officer
will serve as official notice of an organization's designation. The designation
letter will include the geographic service area for which the designation is made.
Upon receipt of the designation letter, designated entities must ensure and
provide evidence to DOL that a system is in place to afford all members of the
eligible population within their service area an equitable opportunity to receive
employment and training activities and services. See 29 CFR 668.260(b).
(ii) Conditional Designation Letter. Conditional designations will include
identification of the geographic service area, the nature of the conditions, actions
required for the designee to achieve full designation status, and the timeframe in
which such actions must be accomplished.
(iii) Non-Designation Letter. Any organization not designated, in whole or
in part, for a requested geographic service area will be notified formally, in
writing, of the non-designation and provided the reasons for the determination.

30
Notification by a person or entity other than the Grant Officer that an
organization has been designated is not valid.
An applicant for WIA section 166 designation that is not awarded such
designation, in whole or in part, may be afforded the opportunity to appeal nondesignation as provided at 20 CFR 668.270 and 20 CFR part 667, subpart H.
Information about termination of designation can be found at 20 CFR 668.290.
Selection of an organization as a grantee does not constitute approval of the
grant application as submitted. Before the actual grant is awarded, ETA may
enter into negotiations about such items as program components, staffing and
funding levels, and administrative systems in place to support grant
implementation. If the negotiations do not result in a mutually acceptable
submission, the Grant Officer reserves the right to terminate the negotiation and
decline to fund the application.
B. Administrative and National Policy Requirements Rules;
1. Administrative Program Requirements
All grantees will be subject to all applicable Federal laws, including WIA
section 166, (codified as amended at 29 U.S.C. § 2801 et seq.) (“WIA”); its

implementing regulations, including 20 CFR Part 668; and the applicable OMB
Circulars.
The grant(s) awarded under this SGA will be subject to the following
administrative standards and provisions:
i. Non-Profit Organizations – OMB Circulars A–122 (Cost Principles) and
29 CFR part 95 (Administrative Requirements).
ii. Educational Institutions – OMB Circulars A–21 (Cost Principles) and 29
CFR part 95 (Administrative Requirements).
iii. State and Local Governments – OMB Circulars A–87 (Cost Principles)

31
and 29 CFR part 97 (Administrative Requirements).
iv. Profit Making Commercial Firms – Federal Acquisition Regulation
(FAR) – 48 CFR part 31 (Cost Principles), and 29 CFR part 95 (Administrative
Requirements).
v. All entities must comply with 29 CFR parts 93 and 98, and, where
applicable, 29 CFR parts 96 and 99.
vi. 29 CFR Part 2, subpart D—Equal Treatment in Department of Labor
Programs for Religious Organizations, Protection of Religious Liberty of
Department of Labor Social Service Providers and Beneficiaries.
vii. 29 CFR part 31—Nondiscrimination in Federally Assisted Programs of
the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964.
viii. 29 CFR part 32—Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial
Assistance.
ix. 29 CFR part 33—Enforcement of Nondiscrimination on the Basis of
Handicap in Programs or Activities Conducted by the Department of Labor.
x. 29 CFR part 35— Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance from the Department of Labor.
xi. 29 CFR part 36—Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance.
The following administrative standards and provisions may be applicable:
i. Sections of WIA in addition to section 166 and 20 CFR part 667 (General
Fiscal and Administrative Rules);
ii. 29 CFR part 29 & 30—Apprenticeship & Equal Employment
Opportunity in Apprenticeship and Training;
iii. 29 CFR part 37—Implementation of the Nondiscrimination and Equal
Opportunity Provisions of the Workforce Investment Act of 1998:
•

The Religious Freedom Restoration Act (RFRA), 42 U.S.C. sec.

2000bb, applies to all Federal law and its implementation. If your organization is

32
a faith-based organization that makes hiring decisions on the basis of religious
belief, it may be entitled to receive Federal financial assistance under Title I of the
Workforce Investment Act and maintain that hiring practice even though Section
188 of the Workforce Investment Act contains a general ban on religious
discrimination in employment. If you are awarded a grant, you will be provided
with information on how to request such an exemption.
iv. Ensuring the Health and Safety of Participants Under WIA Section
181(b)(4) -- Health and safety standards established under Federal and State law
otherwise applicable to working conditions of employees are equally applicable
to working conditions of participants engaged in training and other activities.
Applicants that are awarded grants through this SGA are reminded that these
health and safety standards apply to participants in these grants. See WIA
section 181(b)(4).
In accordance with WIA Section 195(6) and 20 CFR 668.630(f), programs
funded under this SGA must not involve political activities. Additionally, in
accordance with Section 18 of the Lobbying Disclosure Act of 1995 (Pub. L. 10465) (2 U.S.C. 1611), 20 CFR 668.630(g) and 29 CFR part 93, non-profit entities
incorporated under Internal Revenue Service Code section 501(c) (4) that engage
in lobbying activities are not eligible to receive Federal funds and grants.
Except as specifically provided in this SGA, ETA’s acceptance of a
proposal and an award of Federal funds to sponsor any programs(s) does not
provide a waiver of any grant requirements and/or procedures. For example,
the OMB Circulars require that an entity’s procurement procedures must ensure
that all procurement transactions are conducted, as much as practical, to provide
open and free competition. If a proposal identifies a specific entity to provide
services, the ETA’s award does not provide the justification or basis to sole
source the procurement, i.e., avoid competition, unless the activity is regarded as
the primary work of a partner named in the application.

33
3. Reporting

WIA section 166 grantees will be required to submit reports on financial
expenditures, program participation, and participant outcomes on no more than
a quarterly basis. Grantees are required to file reports electronically. Reporting
requirements include OMB Common Measures and will include evaluation of
the Grantee's annual performance against those Common Measures. Current
reporting requirements for Section 166 grants are found at 20 CFR part 668,
subparts D and F.
VII. Agency Contacts
For further information regarding this SGA, please contact Serena Boyd,
Grants Management Specialist, Division of Federal Assistance, at (202) 693-3338
(this is not a toll-free number). Applicants should e-mail all technical questions
to [email protected] and must specifically reference SGA-DFA-PY 09-04, and
along with question(s), include a contact name, fax and phone number.
This announcement is being made available on the ETA Web site at
http://www.doleta.gov/grants and at http://www.grants.gov.

VIII. Other Information
Potential applicants may obtain further information on the WIA Section
166 Program for employment and training of Native Americans through the Web
site for DOL's INAP programs: http://www.doleta.gov/dinap. Any
information submitted in response to this SGA will be subject to the provisions of
the Privacy Act and the Freedom of Information Act, as appropriate. The DOL is
not obligated to make any awards as a result of this SGA, and only the Grant
Officer can bind the DOL to the provision of funds under WIA Section 166.

34
Unless specifically provided in the grant agreement, DOL's acceptance of a
proposal and/or award of Federal funds does not waive any grant requirements
and/or procedures.
X. OMB Information Collection
OMB Information Collection No. 1225-0086
Expires November 30, 2012
According to the Paperwork Reduction Act of 1995, no persons are
required to respond to a collection of information unless such collection displays
a valid OMB control number. Public reporting burden for this collection of
information is estimated to average 20 hours per response, including time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of
information. Send comments about the burden estimated or any other aspect of
this collection of information, including suggestions for reducing this burden, to
the OMB Desk Officer for ETA, Department of Labor, in the Office of
Management and Budget, Room 10235, Washington, DC 20503. PLEASE DO
NOT RETURN THE COMPLETED APPLICATION TO THE OMB. SEND IT TO
THE SPONSORING AGENCY AS SPECIFIED IN THIS SOLICITATION.
This information is being collected for the purpose of awarding a grant.
The information collected through this SGA will be used by DOL to ensure that
grants are awarded to the applicant best suited to perform the functions of the

35
grant. Submission of this information is required in order for the applicant to be
considered for award of this grant. Unless otherwise specifically noted in this
announcement, the information submitted by grant applicants is not considered
to be confidential, and will be available to the public. Applications filed in
response to this SGA may be posted on the Department’s website.

Signed at Washington, DC, this

day of

, 2010

B. Jai Johnson
Grant Officer

Billing Code 4510-FN-P