Sacramento City Council
August 12, 2025

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00913 8/12/2025
Supplemental Contract with Los Rios Community College District - Early Childhood Education (ECE) Apprenticeship Cohort 2
File ID: 2025-00913
Location: Citywide
Recommendation: Pass a Motion authorizing the Interim City Manager or designee to execute Supplemental Contract No. 1 to the City Professional Services Agreement No. PRC003156 with Los Rios Community College to: 1) extend the term of the Contract to May 31, 2027 and 2) increase the budget for the Early Childhood Education Apprenticeship Program in an amount not to exceed $222,239 bringing the total not-to-exceed amount for the Contract to $438,239.

Contact: Janine Cooper, Child Care Project Manager, (916) 808-5449, [email protected]; Denise Malvetti, Deputy Director, (916) 808-7064, [email protected]; City Manager’s Office of Innovation and Economic Development Presenter: None
Attachments:
1-Description/Analysis
2-Exhibit A- Supplemental Contract
Description/Analysis
Issue Detail: The City’s Early Childhood Education (ECE) Apprenticeship Program was approved as part of the City Council’s American Rescue Plan Act (ARPA) Childcare Framework and Spending Plan on August 16, 2022. On October 10, 2023, the City of Sacramento approved an agreement with Los Rios Community College to facilitate an ECE Apprenticeship Program. As part of the program, funds are given to participants who are simultaneously receiving ECE credits while working at local childcare centers and receiving wraparound services (including needs assessments, career coaching and tutoring) from the City’s partner, Pivot Sacramento.

Since that time, the ECE apprenticeship program has graduated one cohort of 9 participants and launched a second cohort of 16 participants in August 2024 with funding from the U.S. Department of Labor (DOL). On July 1, 2024, the City of Sacramento received $850,000 in grant funding from the U.S. Small Business Administration (SBA) for Infant and Toddler Expansion and Capacity Building

File ID: 2025-00913 8/12/2025
Technical Assistance. The following activities were designated in the SBA funding application:
· Family Childcare Home Infant and Toddler Expansion
· Early Childhood Education Apprenticeship Program and Wrap Around Services · Equity-based Childcare Business Development Training
· Family Childcare Home Startup Technical Assistance and Stipend Program The supplemental contract with Los Rios Community College will allow for implementation of a third ECE apprenticeship cohort of up to 30 participants commencing in Fall 2025.

Policy Considerations: Continuing to invest in the ECE Apprenticeship Program aligns with the Council-approved ARPA Childcare Framework and Spending Plan. Implementation of the ECE Apprenticeship Program has helped develop a pipeline of childcare workers to address the workforce shortage in Sacramento’s childcare industry. Nine apprentices have graduated and 16 more are in cohort 2 supporting capacity building at childcare centers throughout the City of Sacramento.

In accordance with AP 4102, the City entered into a sole source contract with Los Rios Community College District because they are the only reasonable and practicable source for the required professional services.

Economic Impacts: The ECE Apprenticeship Program work specified in this supplemental contract with Los Rios Community College will be funded through a grant from the U.S. SBA that is being used to support the childcare industry in Sacramento and help strengthen the childcare industry by increasing the number of family childcare home (FCCH) providers, support the retention of current FCCH providers, train, and recruit childcare workers, and increase the number of available infant and toddler slots for families to support getting Sacramentans back to work.

Environmental Considerations: California Environmental Quality Act (CEQA): The proposed actions are not a project under CEQA because they relate to government fiscal activities that do not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines, §§15060(c)(3), 15378(b)(4)). Further, it can be seen with certainty that there is no possibility that the proposed actions may have a significant effect on the environment. (CEQA Guidelines, §15061(b)(3)).

Sustainability: Not applicable.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: The childcare industry is still recovering from the devastation of the COVID-19 pandemic. The City of Sacramento has seen approximately 250 childcare facilities close, and in 2021 in Sacramento County, the childcare workforce was reportedly down by 13.3%

File ID: 2025-00913 8/12/2025
from pre-pandemic levels. Although we have seen some improvement in the workforce, the childcare industry continues to struggle to return to its pre-pandemic levels. To assist with addressing the childcare crisis, the City Council allocated $1.5 million for childcare services in the ARPA Framework and Funding priorities.

A key component of the Framework is an ECE apprenticeship program. Approval of the supplemental contract will allow the City to continue its support of the childcare industry that has been negatively affected by COVID-19 pandemic. The ECE Apprenticeship Program has proven to help increase the number of childcare workers, therefore, increasing childcare center capacity and moving children off waitlists.

Financial Considerations: In 2023, The City entered into a $216,000 contract with Los Rios Community College District and this staff report recommends increasing that contract by $229,239 for a new not to exceed of $438,239. This supplemental contract will be funded by a U.S. Small Business Administration grant (G02180360 ECE Workforce Training Program - SBA, Fund 2702) for infant and toddler care expansion, technical assistance and capacity building. Sufficient funding from the $850,000 grant remains to cover the full cost of the supplemental contract.

Local Business Enterprise (LBE): Not applicable.

SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: ECE Apprenticeship Cohort 2 Date: April 10, 2025 Purchase Order #: 77864 Supplemental Contract No.: 1 The City of Sacramento ("City") and _____Los Rios Community College ____("Contractor"), as parties to that certain Professional Services Agreement designated as Contract Number ___PRC003156____, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:

1. The Contract is amended as follows:

A. Section 3 of Exhibit A is amended to extend the Contract until May 31, 2027.

B. Section 2(a) of Attachment 1 to Exhibit A (Scope of Work) is hereby delete d and replaced with the following:
“Contractor shall utilize the following single-tiered approach for developing an ECE Apprenticeship Program for two cohorts of 30 apprentices each:”
C. The not-to-exceed amount is being increased by $222,239.00 to allow for an extra year of services. Attachment 1 to Exhibit B (Budget Table and Budget Narrative) is hereby replaced with the attached Attachment 1 to Exhibit B.

D. Given this Contract is funded by a grant from the U.S. Department of Labor and the U.S. Small Business Administration, Exhibit F is hereby added to the Contract to incorporate federal requirements into this Contract.

E. Exhibit G is hereby added to this Contract to incorporate the U.S. Small Business Administration FY24 Congressional Community Projects Terms and Conditions into the Contract.

F. Exhibit H is hereby added to this Contract to i ncorporate the U.S. Department of Labor FY23 Congressional Community Projects Terms and Conditions into the Contract.

2. In consideration of the additional and/or revised services described in section 1, above, the maximum not-t o-exceed amount that i s specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased by __$222,239.00_, and the Contract’s maximum not-to-exceed amount is amended as follows:

Agre
ement's original not-to-exceed amount: _$216,000.00_
Net change by previous supplemental contracts:

Not-to-exceed amount prior to this supplemental contract:

Increase by this supplemental contract:
______0____
$216,000.00_
$222,239.00
New not-to exceed amount including all supplemental contracts: _$438,239.00__

3. Co
ntractor agrees that the amount of increase or decrease in the not -to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in schedules or in the delivery of other services by Contractor.

4. Co
ntractor warrants and represents that the person or persons executing this supplemental contrac t on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.

5. Ex
cept as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract. [SI
GNATURES ON FOLLOWING PAGE]

SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Ap
proval Recommended By: Approved As To Form By:

Pr oject Manager City Attorney
Ap
proved By: Attest:
____
________________________________
Con tractor City Clerk
Ap
proved By:

Michael Jasso, As st. City Manager
City of Sacramento
Atta
chment 1 to Exhibit B
Budget Table and Budget Narrative
BUDGET
Cost Category Amount
Salaries and Benefits
Instructor (instructional hours) $52,446.07
Instructor (APPRT 498 lab hours) $74,664.30
Instructor (curriculum development/curating hours) $5,200.21 Workforce Development Administrator $65,952.21
Salaries and Benefits Total $198,262.79
Services and Supplies
Instructional Materials $18,000.00
Services and Supplies Total $18,000.00
Indirect Costs
Administrative Cost $5,976.21
Indirect Costs Total $5,976.21
BUDGET TOTAL $222,239.0 0

BUDGET NARRATIVE
• Salaries and Benefits $198,262.79
o Instructor (instructional ho urs)—$52,446.07 —t his position will instruct all academic components of the agreed upon program curriculum.  Year 1—108 hours x $1 63.1386 hourly rate with 44.5% in benefits = $25,459.40.
 Year 2—$108 hours x $172.925 with 44.5% in benefits =$26,986.67 (assumes annual salary step increase and retroactive pay that is typical of L
RCCD faculty)
o Instructor (APPRT 498 l ab hours supervised experience)—$74,6 64.30 —this position will instruct all academic components of the agreed upon program curriculum.
 Year 1—180 hours x $139.35 hourly r ate with 44.5% in benefits =$36,244.93
 Year 2—$180 hours x $1 47.71 with 44.5% in benefits =$38 ,419.37 (assumes annual salary step increase and retroactive pay that is typical of LRCCD faculty)
o Workforce Development Administrator—$65,9 52.21—t his position will provide program administration coordination and stakeholder e ngagement.  Year 1—$52.29 per hour x 416 hours x 47.3% = $32,041.63  Year 2—$55 .34 per hour x 416 hours x 47.3% = $33,9 10.58 (assumes annual salary step increase and r etroactive pay that is typical of LRCCD faculty)
o Instructor ( curriculum development/curating hours) —$5,20 0.21—w ill cover expenses related to curriculum development by a fully -qualified, credentialed contractor faculty member .
 Year 1—$147.89 per hour x 35.1627 hours = $5,20 0.21 • Services and Supplies: $18,000.00
o Instructional materials—$1 8,000.00—w ill cover expenses related to textbooks, software licensing fees, and other general office supplies.  Year 1—$30 0 per apprentice x 30 apprentices = $9,0 00.00  Year 2—$30 0 per apprentice x 30 apprentices = $9,000.00 • Indirect Costs: $5,976.21
o Contract Education Administrative Co st - Instructional m aterials—$ 5,976.21 will cover costs associated with administra tion of contract.

Exhibit F
Standard Federal Requirements

1. A
cknowledging Use of Federal Funds; Compliance with Federal Law and Rules.

Contractor acknowledges that United States Small Business Administration (“SBA”) and United States Department of Labor (“DOL”) financial assistance is being used to fund all or a portion of the Contract . Contractor further acknowledges that Contractor is a pass- through entity and subrecipient as defined in title 2 of the Code of Federal Regulations (“CFR”), section 200.1. In connection with its activities and expenditures related to this Contract, Contractor shall do the following:
(a
) Contractor shall comply with all applicable federal laws, regulations, executive orders, SBA and DOL policies, procedures, rules, directives, and guidance, as they currently exist and as they may be amended from time to time, all of which are incorporated by reference (collectively, the “SBA and DOL Requirements”).

Contractor’s failure to comply all SBA and DOL Requirements, including without limitation those in this Exhibit F and those in the Terms and Conditions attached hereto as Exhibit G and Exhibit H, will constitute a material breach of this Contract; (b
) Contractor shall maintain a valid SAM.gov registration; (c) Co
ntractor shall comply with the applicable cost principles in title 2, CFR, Part 200, Subpart E and, to the extent required, costs must be reasonable, eligible, and allocable as provided in title 2, CFR, sections 200.404 and 200.405; (d
) Contractor shall not seek reimbursement for pre-award costs, as defined in title 2, CFR, section 200.458;
(e
) Contractor shall comply with all laws and regulations, including without limitation title 2, CFR, Part 200, subpart D, when purchasing equipment or property; (f
) If Contractor has a current Negotiated Indirect Costs Rate Agreement with a federal cognizant agency (NICRA), Contractor may use its current NICRA.

Alternatively, Contractor’s indirect costs are limited to 10% of the modified total direct costs (pursuant to title 2, CFR, section 200.414(f)); (g
) Contractor shall comply with the audit requirements in title 2, CFR, Part 200, Subpart F;
(h
) Contractor shall comply with the provisions of title 24, CFR, Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status;
(i) Contractor shall enter into a written subaward agreement for each subaward of federal funding that Contractor makes to a subrecipient;

(j) Contractor shall enter into a written contract when it purchases goods or services using federal funds . All procurement contracts using federal funds shall be consistent with the procurement standards set forth in title 2, CFR, sections 200.317 through 200.327, as applicable;

(k) Contractor shall ensure that each written grant subaward agreement for a subaward of federal funds imposes on the subrecipient all the obligations that the Contract imposes on Contractor; and

(l) Contractor shall report its subaward and executive compensation information as required by title 2, CFR, Part 170.

2. Compliance with Nondiscrimination and Equal Employment Opportunity Laws. During the performance of this Contract , Contractor shall comply with all laws, regulations, orders of public officials, and requirements pertaining to non -discrimination and equal employment opportunity, including without limitation the following:

(a) Title VI of the Civil Rights Act of 1964, Public Law 88-352, as amended, (42 U.S.C. § 2000d et seq.) and the department implementing regulations at 31 C.F.R. Part 22, and any other applicable implementing federal directives that may be issued;

(b) Section 504 of the Rehabilitation Act of 1973, Public Law 93 -112, as amended by Public Law 93 -516, title 29 of the U.S. Code, section 794, which provides that otherwise qualified handicapped individuals shall not be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds;

(c) Title IX of the Education Amendments of 1972 (Title IX), title 20 of the U.S. Code, sections 1681 et seq., and the department’s implementing regulations at title 31, CFR, part 28;

(d) Age Discrimination Act of 1975, Public Law 94 -135, title 42 of the U.S. Code, sections 6101 et seq., and the d epartment implementing regulations at title 31, CFR, part 23 and title 28, CFR, part 42.

(e) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.);

(f) The Older Americans Act, title 42 of the U.S. Code, Chapter 35;

(g) Section 324 of title 23 of the U.S. Code , prohibiting discrimination based on gender; and

(h) The Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. § 12101 et seq.), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the C.F.R., title 49, parts 27, 37, and 38.

3. Assurances of Compliance for Nondiscrimination.

(a) As a condition of receipt of federal financial assistance from the SBA and DOL , Contractor agrees that it will comply with the nondiscrimination requirements of 13 CFR parts 112, 113, and 117, of the Regulations issued by the SBA and any nondiscrimination requirements contained in Regulations issued by the DOL.

(b) 13 CFR Parts 112, 113 and 117 require that no person shall on the grounds of age, color, handicap, marital status, national origin, race, religion or sex, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination und er any program or activity for which the applicant received federal financial assistance from the SBA.

(c) Contractor agrees to comply with the record keeping requirements of 13 CFR 112.9, 113.5, and 117.9 as set forth in SBA Form 793, "Notice to New SBA Borrowers", to permit effective enforcement of 13 CFR 112, 113 and 117. Such record keeping requirements have been approved under OMB Number 3245- 0076. Contractor further agrees to obtain or require similar Assurance of Compliance for Nondiscrimination from subrecipients,
contractors/subcontractors, successors, transferees and assignees as long as it/they receive or retai n possession of any federal financial assistance from SBA.

In the event Contractor fails to comply with any provision or requirements of 13 CFR Parts 112, 113 and 117, the SBA may call, cancel, terminate, accelerate repayment or suspend any or all federal financial assistance provided by the SBA.

4. General Procurement Standards. In awarding any subcontracts involving federal funding, Contractor shall comply with the general procurement standards in title 2, CFR, sections 200.317 through 200.327.

5. Environmental Compliance. Contractor shall comply with all generally applicable federal environmental laws and regulations, including but not limited to the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), Executive Order 11738, all Environmental Protection Agency (“EPA”) Regulations (title 40, CFR) and all applicable standards, orders or regulations issued pursuant thereto.

Contractor agrees to report any violation of these statutes and regulations to the City and understands and agrees that the City will, in turn, report each violation, as required, to assure notification to the appropriate federal agency and EPA Regional Office.

6. Debarment and Suspension (Executive Orders 12549 and 12689). Contractor hereby confirms that it is not listed on the governmentwide exclusions in the System for Award Management (“SAM”), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. 1986 Comp., p. 189) and 12689 (3 C.F.R. 1989 Comp., p. 235) regarding “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

7. Conflicts of Interest. Contractor, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders Contractor’s performance under this Contract. Contractor shall disclose, in writing to the City, any potential conflict of interest affecting the awarded funds in accordance with title 2, CFR, section 200.112 and must maintain a conflict of interest policy consistent with title 2, CFR, section 200.318, subsection (c).

8. Prohibition of Expending Federal Funds for Lobbying.

(a) Contractor certifies, to the best of its knowledge or belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor , to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of the United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any f ederal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(b) This certification is a material representation of fact upon which reliance was placed when this Contract was entered into. This certification is a prerequisite for making or entering into this Contract imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

(c) Contractor also agrees, by signing this Contract , that it will require that the language of this certification be included in all lower tier contracts and subawards that exceed $100,000, and that all such subcontractors and subrecipients shall certify and disclose accordingly.

(d) Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and any disclosure. In addition, Contractor understands and agrees that the provisions of Chapter 38 of title 31 of U.S. Code, Administrative Remedies for False Claims and Statements, apply to this certification and any disclosure.

9. Drug-free Certification . By signing this Contract, Contractor hereby certifies that Contractor will comply with the requirements of title 31, CFR, Part 20 (Government-wide Requirements for Drug-Free Workplace) and will provide a drug-free workplace by taking the following actions:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing a drug-free awareness program to inform employees about—

(1) The dangers of drug abuse in the workplace;
(2) Contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction;

(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;

(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted—

(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

10. Procurement of Recovered Materials.

(a) In the performance of this Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired.

(b) Information about this requirement, along with the list of EPA -designated items, is available at the EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program.

(c) Contravtor shall also comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price.

11. Prohibition on Contracting for Covered Telecommunications Equipment or Services.

Contractor shall comply with 2 C.F.R. § 200.216, which includes prohibitions on certain telecommunication and video surveillance services or equipment.

12. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Contractor shall comply with the Buy America requirement (23 U.S.C. § 313). Buy America requires Contractor to purchase only steel, iron, and manufactured products produced in the United States, unless the applicable federal agency determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasona bly available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall contract by more than 25 percent. In order to use foreign produced items, Contractor must first submit a waiver request to the City that provides an adequate basis and justification for approval by the applicable federal agency.

13. Access to Records and Work Sites. Contractor shall provide the City, the SBA, the DOL, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and other records of the Contractor which are pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. This right of access includes timely and reasonable access to Contractor’s personnel for the purpose of interview and discussion related to the records.

Contractor shall permit the City, the SBA , the DOL, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

Contractor shall also provide the City, the SBA , the DOL, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives access to work sites pertaining to the work being completed under this Contract.

14. Allowable Costs. Contractor agrees that the “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (2 C.F.R., Part 200), 48 C.F.R., Part 31, Federal Acquisition Regulations System, and any applicable federal agencies implementation procedures, shall be used to determine the cost allowability of individual items. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 2 C.F.R., Part 200, 48 C.F.R., Par t 31, Federal Acquisition Regulations System or federal agency procedures implementing 2 C.F.R., Part 200 are subject to repayment by Contractor to the City. Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan.

15. No Obligation by Federal Government. The federal government is not a party to this Contract and is not subject to any obligations or liabilities to the City, Contractor , or any other party pertaining to any matter resulting from the Contract.

16. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap ter 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this Contract.

17. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

18. Protections for Whistleblowers. Pursuant to 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this Contract , a gross waste of federal funds, an abuse of authority related to this Contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this Contract.

19. Terrorist Financing. Contractor must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism.

20. Rebates, Kickbacks or Other Unlawful Consideration. Contractor warrants that this Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion: to terminate this Contract without liability; to pay only for the value of the work actually performed; or to deduct from the Contract price, or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

21. Uniform Relocation Assistance and Real Property Acquisitions. Contractor shall comply with the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations, to the extent applicable.

22. Hatch Act. Any Contractor that is a public agency shall comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328), which limits certain political activities of state or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal funds.

23. False Claims. Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from parti cipating in federal awards or contracts, and/or any other remedy available by law.

24. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on -the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles.

25. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and should establish workplace safety policies to decrease accidents caused by distracted drivers.

26. Protections For Whistleblowers. In accordance with section 4712 of title 41 of the U.S Code, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this Contract , a gross waste of federal funds, an abuse of authority related to this Contract , a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this Contr act.

Contractor shall inform its employees, in writing, of the rights and remedies provided to them under this section in the predominant native language of the workforce.

27. Racial Equity. Contractor must comply with Executive Order 13985 regarding “Advancing Racial Equity and Support for Underserved Communities through the Federal Governments,” which can be found at:

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial- equity-andsupport-for-underserved-communities-through-the-federal-government

28. Data Collection. Contractor is required to collect and report evaluation data to ensure the effectiveness and efficiency of its programs under the Government Performance and Results Modernization Act of 2010 (P.L. 102 -62) (“GPRA”). Contractor must comply with the performance goals, milestones, and expected outcomes of the GPRA.

29. Executive Pay. Pursuant to the Consolidated Appropriations Act, 2020 (Pub. L.116 -94), award funds may not be used to pay the salary of any individual at a rate in excess of $221,900 (as that amount may be amended from time to time). This amount reflects an individual’s base salary exclusive of fringe and any income that an individual may be permitted to earn outside of the duties related to the federal funding . This salary limitation also applies to subawards/subcontracts.

SBA Award Standard Terms and Conditions
Exhibit G
U.S. Small Business Administration
FY 24 Congressional Community Projects
Project Title: Infant & Toddler Care Expansion and Capacity Building Project Summary: The project is a Direct workforce training program. Grantee shall work with childcare providers and Los Rios Community College District’s Workforce Development Department to develop and implement the ECE Apprenticeship Program. In doing so, Los Rios Community College shall act as the Local Education Agency (“LEA”) and assist with program development with a plan to enroll apprentices by the Fall 2024/Spring 2024 semester. As part of its LEA responsibilities, Los Rios Community College shall form a Joint Apprenticeship Committee (“JAC”) to oversee ECE Apprenticeship Program development and maintenance. Los Rios Community College will coordinate with appropriate entities, including the California Department of Apprenticeship Standards (“DAS”) and the JAC, to ensure the ECE Apprenticeship Program meets the requirements to be registered with DAS. The JAC will be composed of City of Sacramento representatives with equal representation from both the management and labor sides, advisors from the LEA and DAS, and any other identified stakeholders as needed. If DAS registration cannot be obtained, workforce training may continue as contract education.

Award Terms and Conditions

1. Standard Term - Acceptance of the Terms of an Award
By drawing or otherwise obtaining funds from the Small Business Administration (SBA), the non- federal entity acknowledges acceptance of the terms and conditions of the award and is obligated to perform in accordance with the requirements of the award.

Certification Statement: By drawing down funds, the non-federal entity certifies that proper financial management controls and accounting systems, to include personnel policies and procedures, have been established to adequately administer federal awards and funds drawn down.

Non-federal entities of Small Business Administration (SBA) earmark agreement must comply with all terms and conditions of their awards, including: (a) terms and conditions included in the SBA Grants Policy effective at the time of award including the requirements of OMB grants administration regulations; (b) requirements of the authorizing statutes and implementing regulations for the program under which the award is funded; (c) applicable requirements or

SBA Award Standard Terms and Conditions

limitations in appropriations acts; and (d) any requirements specific to the particular award specified in program policy and guidance.

2. Standard Term - Award Expectations
The stipulated reporting requirements as part of this award must be addressed by the project end date. Additional terms and/or conditions may be applied to this award if outstanding financial or programmatic compliance issues are identified by SBA.

3. Standard Term - Administrative and National Policy Requirements Public policy requirements are requirements with a broader national purpose than that of the Federal sponsoring program or award that an applicant/non-federal entity must adhere to as a prerequisite to and/or condition of an award. Public policy requirements are established by statute, regulation, DOJ, and OMB memorandums, or Executive order. In some cases, they relate to general activities, such as preservation of the environment, while, in other cases they are integral to the purposes of the award-supported activities. An application funded with the release of federal funds through a grant award does not constitute or imply compliance with federal statute and regulations. Funded organizations are responsible for ensuring that their activities comply with all applicable federal regulation requirements.

4. Standard Term - Executive Pay
The Consolidated Appropriations Act, 2020 (Pub. L.116-94) signed into law on December 20, 2019, restricts the amount of direct salary to Executive Level II of the Federal Executive Pay scale. The Executive Level II salary per E.O. 13756, was increased to $221,900 effective January 2024.

The law limits the salary amount that may be awarded and charged to SBA assistance agreements and cooperative agreements. Award funds may not be used to pay the salary of any individual at a rate in excess of Executive Level II. This amount reflects an individual’s base salary exclusive of fringe and any income that an individual may be permitted to earn outside of the duties to the applicant organization. This salary limitation also applies to subawards/subcontracts under an SBA grant or cooperative agreement.

5. Standard Term - Non-federal Entity Responsibilities
a. Be responsive to SBA requests for information and communication. Changes to Your organization’s contact information, including Your Agreement Officer Representative (AOR) or other key personnel designated representatives, must be reported promptly to SBA.
b. Cooperate with all programmatic and financial examinations and any accreditation or certification reviews conducted by SBA, its agents, or contractors. You will promptly address and act upon all findings regarding Your project made as part of any such process.
• Provide full access to all activities supported with project funds to the general public without regard to their participation in any paid membership or subscription plan.
• Maintain adequate staffing levels for the delivery of client services, including

SBA Award Standard Terms and Conditions

replacing Key Personnel no more than 60 days after they cease their involvement with the project.
• Participate in SBA surveys and studies regarding the effectiveness and outcomes of the program/project, curriculum, types of assistance, service delivery methods, etc."
c. Coordinate with SBA and other Agency resource partners operating within Your project service area to maximize the effectiveness of Your efforts and avoid duplication of products and services.
d. Promote SBA programs, products, and services to clients, as appropriate. e. Maintain adequate, readily accessible facilities for assisting clients. f. Provide meaningful access to project services for clients with limited English language proficiency and/or disabilities.
g. Submit and update information to USASpending.gov and other Federal databases, as required.

6. Standard Term - Recipient Integrity and Performance
Appendix XII to 2 CFR Part 200
i. Reporting of Matters Related to Recipient Integrity and Performance • Proceedings About Which You Must Report
Submit the information required about each proceeding that:
• Is in connection with the award or performance of a
grant, cooperative agreement, or procurement contract from the Federal Government;
• Reached its final disposition during the most recent five-year period; and • If one of the following:
• A criminal proceeding that resulted in a
conviction, as defined in paragraph 5 of this award
term and condition;
• A civil proceeding that resulted in a finding of
fault and liability and payment of a monetary fine,
penalty, reimbursement, restitution, or damages of
$5,000 or more;
• An administrative proceeding, as defined in
paragraph 5 of this award term and condition, that
resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or
damages in excess of $100,000; or
• Any other criminal, civil, or administrative proceeding if:

SBA Award Standard Terms and Conditions

• It could have led to an outcome described in
paragraph 2.c.(1), (2), or
(3) of this award term and condition;
• It had a different disposition arrived at by consent or compromise with an acknowledgement of fault on your part; and
• The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
• Reporting Frequency
Unless specified otherwise in the Special Terms and Conditions for Your award, the following reporting timelines apply:

For multi-year performance periods, annual financial and performance reports are due thirty (30) days after each year. The first reflects the initial 12-month period. For example, awards issued on 10/01, the report period ends on 9/30 the following year and is due on 10/31.

Subsequent annual reports should build upon the previous annual report.

Final Financial Reporting – Non-Federal Entities are required to submit at the end of the performance period (form SF-425).

Final Performance Report – The final report is due thirty (30) days after the period of performance and must be sent directly to your assigned Grants Management Officer.

Reports must be emailed to your designated Grants Management Officer:

Grants Management Officer: Phuc Nguyen
Email: [email protected]

7. Standard Term - Acknowledgement of SBA Support/Use of SBA’s Logo/Publication Requirements.

It is important that Your clients and the general public are aware of the Congressional Community Program and SBA’s role in this project, as well as the taxpayer funded support the Agency is providing under this Award. Therefore, You must include the following acknowledgment of support statement on all materials produced in whole or in part with Project Funds:

“Funded [in part] through a Grant with the U.S. Small Business Administration.” For purposes of this requirement, the term “materials” includes, but is not limited to, press releases, brochures, pamphlets, handouts, reports, advertisements, books, curricula, websites, video or audio productions, and similar items regardless of the medium employed. The term “materials” does not include stationery or business cards and SBA’s logo may not be used on such items.

Where the non-federal entity (You) use Project Funds to produce materials featuring editorial content, You must use the following alternate acknowledgment of support statement (either independently or in conjunction with the SBA logo):
“Funded in part through a Grant with the U.S. Small Business Administration. All opinions, conclusions, and/or recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the SBA.”

SBA Award Standard Terms and Conditions

In addition, You must display signage featuring the SBA logo at all facilities that are open to the public and which are being used for project activities. Such signage must prominently feature the acknowledgment of support statement identified above.

Where used, the acknowledgment of support statement must be presented in a legible typeface, font size, and (where applicable) color contrast and must appear verbatim and may not be altered or replaced with substitute language. However, on materials with severe space constraints such as signs and banners, You may use “SBA” in the acknowledgment of support statement instead of “U.S. Small Business Administration.”
You may elect to use SBA’s logo on materials produced with Project Funds. You may contact the GMO in order to obtain a high-resolution copy of SBA’s logo and a copy of SBA’s Graphic and Use Guide. Where used, the SBA logo may be positioned in close proximity to Your organization’s logo or may be placed in a prominent location elsewhere in the material. However, SBA’s logo may not be placed in close proximity to any third party’s logo, or used in such a way as may imply that a relationship exists between SBA and any third party (Note: Your organization’s parent entity is not considered a third party). Additionally, in each instance where You use the SBA logo, You must also include the acknowledgement of support statement in reasonably close proximity to the logo.

Neither the SBA logo nor the acknowledgment of support statement may be used in connection with activities outside the scope of this Award. In particular, UNDER NO CIRCUMSTANCES may the SBA logo or acknowledgment of support statement appear on items used in conjunction with fundraising, lobbying, or the express or implied endorsement of any goods, service, entity, or individual. Additionally, You may not use the SBA logo on any social media sites or services without obtaining prior approval from SBA. For further guidance regarding the prior approval process, see Part III(A)(13) above.

8. Standard Term - Mandatory Disclosures
Recipients must disclose in a timely manner, in writing to the SBA awarding agency with a copy to the SBA Office of Inspector General (OIG), all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity) and the SBA OIG, all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Disclosures must be sent in writing to the awarding agency and to the SBA OIG and OGM at the following addresses:

US Small Business Administration
Attention: Office of Grants Management
409 3rd Street SW, Suite 500
Washington, DC 20416
AND
US Small Business Administration
Office of Inspector General
409 3rd Street SW, 5th Floor

SBA Award Standard Terms and Conditions

Washington, DC 20416
Failure to make required disclosures can result in any of the remedies for noncompliance, including suspension or debarment.

Pursuant to the Consolidated Appropriations Act of 2023 (P.L. 117-328) Section 632 Title VI Division E, all grant recipients must ensure they clearly state in all press releases pertaining to their current SBA grant award the following:
a. The percentage of the total costs of the program or project which will be financed with Federal money;
b. The dollar amount of Federal funds for the project of program; and c. The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources

9. Lobbying Restrictions
Recipients are subject to the restrictions on lobbying. 18 U.S.C. § 1913, No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his/her request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter- intelligence, intelligence, or national security activities.

Violations of this section shall constitute as a violation of 31 U.S.C. § 1352(a).

10. Drug-Free Workplace
The Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. By signing the application, the AOR agrees that the Non-federal entity will provide a drug-free workplace and will comply with the requirement to notify NIH if an employee is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. Government wide requirements for Drug- Free Workplace for Financial Assistance are found in 2 CFR part 182; SBA implementing regulations are set forth in 2 CFR part 382.400. All non-federal entities of SBA grant funds must comply with the requirements in Subpart B (or Subpart C if the non-federal entity is an individual) of part 382.

11. Non- Transferability

SBA Award Standard Terms and Conditions

This Award may not be transferred or assigned (either in whole or in part) without prior written approval from SBA. Additionally, no interest in this Award may be conferred upon a third party and the Award may not be pledged as collateral or security.

12. Standard Term - Advancing Racial Equity and Support for Underserved Communities Executive Order: Advancing Racial Equity and Support for Underserved Communities through the Federal Governments (E.O. 13985 can be found at:
https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and- support-for-underserved-communities-through-the-federal-government )

13. Standard Term - Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(G)), as amended, and 2 C.F.R. PART 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the federal government, if the recipient or subrecipient engages in certain activities related to trafficking in persons. 2 C.F.R. § 175.15(b). See http://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012- title2-vol1-sec175-15.pdf.

Award Term from Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity. 1) You, as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not:
a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
b) Procure a commercial sex act during the period of time that the award is in effect; or c) Use forced labor in the performance of the award or subawards under the award. 2) We as the federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
a) Is determined to have violated a prohibition in paragraph a.1 of this award term; or b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on and Suspension (Non- procurement).”
b. Provision applicable to a non-federal entity other than a private entity. We as the federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:

SBA Award Standard Terms and Conditions

1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
a) Associated with performance under this award; or
b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement),” as implemented by our agency at 2 CFR Part 1125. c. Provisions applicable to any non-federal entity.
1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)); and
b) Is in addition to all other remedies for noncompliance that are available to us under this award.
3) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1) “Employee” means either:
• An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
• Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
2) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3) “Private entity”:
• Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
• Includes:

A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe

SBA Award Standard Terms and Conditions

at 2 CFR 175.25(b).

A for-profit organization.
4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

14. Standard Term - Accessibility Provisions
Non-federal entities of federal financial assistance (FFA) from SBA must administer their programs in compliance with federal civil rights law. This means that non-federal entities of SBA funds must ensure equal access to their programs without regard to a person’s race, color, national origin, disability, age, and in some circumstances, sex and religion. This includes ensuring your programs are accessible to persons with limited English proficiency. SBA provides guidance to recipients of FFA on meeting their legal obligation to take reasonable steps to provide meaningful access to their programs by persons with limited English proficiency.

The SBA Office for Civil Rights also provides guidance on complying with civil rights laws enforced by SBA.

Recipients of SBA also have specific legal obligations for serving qualified individuals with disabilities. Please contact the SBA Office for Civil Rights for more information about obligations and prohibitions under federal civil rights laws at 1- 800-827-5722.

15. Standard Term - Accessibility of Facilities and Events

In accordance with the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and § 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), all facilities You use to provide services to the public in connection with this project must be accessible by persons with disabilities. In addition, all notices, promotional items, brochures, publications, and media announcements informing the public of events, programs, meetings, seminars, conferences and workshops conducted pursuant to this project must include the following accessibility/accommodations notice:

Reasonable accommodations for persons with disabilities will be made if requested at least two weeks in advance. Contact [insert contact information for the person who will make the arrangements]."

16. Standard Term - Data Collection and Performance Measurement:

All non-federal entities are required to collect and report evaluation data to ensure the effectiveness and efficiency of its programs under the Government Performance and Results (GPRA) Modernization Act of 2010 (P.L. 102-62). Non-federal entities must comply with the performance goals, milestones, and expected outcomes.

17. Standard Term - Procurement of Goods and Services:

You are encouraged to follow your own procurement policies and procedures when contracting with Project Funds. Additionally, when using Project Funds to procure supplies and/or equipment, You are encouraged to purchase American-manufactured goods to the maximum extent practicable.

American-manufactured goods are those products for which the cost of their component parts that were mined, produced, or manufactured in the United States exceeds 50 percent of the total cost of all their components. For further guidance regarding what constitutes an American-manufactured

SBA Award Standard Terms and Conditions

good (also known as a domestic end product), see 48 C.F.R. Part 25.

18. Standard Term – Recordkeeping
You must maintain complete and accurate records and supporting documentation of sufficient detail to facilitate a thorough financial, programmatic, and/or legal compliance audit or examination of this project. You must make these records available to SBA, its agents, its Office of Inspector General, and/or Federal investigators on demand and provide them with unrestricted access to review and make copies of all products, materials, and data, including those prepared or stored electronically. Standard Term - Submitting Responses to Conditions and Reporting Requirements. Unless otherwise identified in the special terms and conditions of award and post award requests, all responses to special terms and conditions of award and post award requests must be submitted to the Office of Grants Management (OGM).

19. Standard Term - FAIN/UEI
The Unique Entity Identifier (formerly DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A Unique Entity Identifier number may be obtained from the D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).

20. Standard Term – Whistleblower Protection
If you are a Federal employee, or employee of a contractor, subcontractor, or grantee submitting information to the SBA OIG regarding fraud waste or abuse in the SBA’s programs or operations, you are probably a whistleblower. Please be aware, however that specific criteria apply to whistleblower protections afforded by law. For example, disclosures by current and former federal employees, applicants for federal employment, and employees of a federal contractor, subcontractor, or grantee have special meaning and protections.

Federal law prohibits governmental personnel from retaliating against an employee who acts as a whistleblower by reporting suspected waste, fraud or abuse to the OIG. Under the Federal prohibited personnel practices, 5 U.S.C. §2302(b)(8), employees may not “take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment” because the person has disclosed information to an OIG which he or she reasonably believes is evidence of (1) a violation of any law, rule, or regulation, or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, so long as the disclosure is not specifically prohibited by law or Executive Order.

Reporting Fraud
The OIG encourages all SBA employees and lenders to be on the lookout for fraud. If you suspect fraud, please report it to the OIG immediately by contacting the OIG Hotline at 1-800-767-0385 or [email protected](link sends e-mail).

21. Standard Term – Restrictions on Certain Types of Clients You may not utilize project resources to provide counseling services to any concern that:

• is other than small;
• is based in a foreign country;
• is engaged in any activity that is illegal under federal, state, or local law or that can reasonably be determined to support or facilitate any activity that is illegal under federal, state, or local law;

SBA Award Standard Terms and Conditions

• derives more than one-third of its gross annual revenue from legal gambling activities; • presents live performances of a prurient sexual nature or derives more than a de-minimus amount of revenue from the sale of products or services of a prurient sexual nature; • is not organized for profit (Exception: To the extent it does not negatively impact the goals or milestones established under this Award or detract from its core purpose, You may use project resources to counsel non-profit organizations that devote a significant portion of their activities to assisting entrepreneurs).

22. Standard Term – Governing Authority/Order of Precedence This Award is subject to the following requirements and representations, whether stated explicitly or incorporated by reference:

1. The statutes, regulations, and policy documents cited in Blocks 1 and 14 of the Notice of Award cover page and any other relevant, subsequently enacted laws.

2. Those terms and conditions set forth below.

3. Your accepted application for this Award, including all forms and assurances, and any subsequently approved additions or modifications.

In the event of a conflict between these requirements, the Order of Precedence listed above will determine which prevails. Unless explicitly stated otherwise, all deadlines discussed in this Notice of Award will be measured in terms of calendar days. By signing Block 23 of the Notice of Award cover page, You acknowledge Your acceptance of all these requirements.

Definitions
The definitions listed below apply to all SBA Awards. Additional definitions relating to a particular SBA program may be found in the grant program regulations, Program Announcement, and/or Special Terms and Conditions.

Earmark – Earmarks are grants that are appropriated by Congress prior to a peer review. The term "earmark" is a reference to the Congressional Record where the awards are written into legislation specifically with the grant applicant's name, activity, and dollar amounts. a. Client – an entity receiving technical assistance under this Award. A Client may be an existing small business concern, or an individual interested in owning and operating a small business concern.
b. Client Information – files and records concerning a Client, as well as any information that could be used to identify, contact, or locate a Client. Does not include statistics or similar data that is not attributed to a particular Client.
c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A governmental organization, which is a state, local government, or Indian Tribe;
b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or

SBA Award Standard Terms and Conditions

foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity.
e. Key Personnel – those individuals who play a crucial role in the conduct of a project.

Examples include directors, managers, counselors, and instructors, but not support staff. f. Program Income – additional funds generated through the conduct of project activities.

Includes, but is not limited to, income derived from service or event fees, sales of commodities, repayments of interest or principal on loans made with Project Funds, and usage or rental fees.

Does not include interest earned on advances of Federal funds. g. Unique entity identifier (UEI) means the identifier required for SAM registration to uniquely identify business entities.

h. You – the non-federal entity organization (recipient) for the Award.

FY 2023 DOL Federal Award Terms & Conditions 1

EXHIBIT H
U.S. Department of Labor

TERMS AND CONDITIONS

TABLE OF CONTENTS
PART A: GENERAL AWARD, SYSTEM FOR AWARD MANAGEMENT AND
UNIFORM GUIDANCE .............................................................................................. 4 A(1.) C OMPLIANCE AND THE ORDER OF PRECEDENCE ........................................................... 4 A(2.) T RAINING AND EMPLOYMENT GUIDANCE LETTER (TEGL) .......................................... 4 A(3.) A PPROVED STATEMENT OF WORK................................................................................ 5 A(4.) SF-424, APPLICATION FOR FEDERAL ASSISTANCE, AND SF-424B, ASSURANCES AND CE
RTIFICATIONS ........................................................................................................... 5 A(5.) F EDERAL PROJECT OFFICER (FPO) OR POINT OF CONTACT (POC) .............................. 5 A(6.) S YSTEM FOR AWARD MANAGEMENT ........................................................................... 5 A(7.) U NIQUE ENTITY IDENTIFIER REQUIREMENTS ............................................................... 6 A(8.) U NIFORM GUIDANCE REVISIONS .................................................................................. 6 A(9.) F OR-PROFIT ENTITIES AND PROFIT ............................................................................... 7 A(10.) S UBAWARDS ................................................................................................................. 7 A(11.) V ENDOR/CONTRACTOR DEFINED ................................................................................. 7 A(12.) T ECHNICAL ASSISTANCE, RESOURCES, AND INFORMATION ......................................... 7 A(13.) M ONITORING, TECHNICAL ASSISTANCE, AND ADDITIONAL SPECIFIC CONDITIONS OF AWARD ........................................................................................................................ 8 A(14.) E VALUATION, DATA, AND IMPLEMENTATION ............................................................... 8 A(15.) P ROGRAM REQUIREMENTS ........................................................................................... 9 PART B: INDIRECT COSTS, BUDGET, AND COST SHARE (MATCH) .......................... 9 B(1.) I NDIRECT COST RATE AND COST ALLOCATION PLAN .................................................. 9 B(2.) I NDIRECT COST RATE – FINANCIAL REPORTING FOR NICRA AND DE MINIMIS ......... 11 B(3.) B UDGET - APPROVED ................................................................................................. 11 B(4.) B UDGET FLEXIBILITY ................................................................................................. 12 PART C: FUNDS MANAGEMENT ......................................................................................... 13 C(1.) F UNDS – PAYMENT MANAGEMENT SYSTEM (PMS) ................................................... 13 C(2.) F UNDS - RETURN & REFUNDS .................................................................................... 13 PART D: COSTS - LIMITATIONS, ITEMS, AND RESTRICTIONS ................................. 13 D(1.) C ONSULTANTS ............................................................................................................ 13 D(2.) E QUIPMENT ................................................................................................................ 13 D(3.) P RE-AWARD COSTS .................................................................................................... 14 D(4.) P ROGRAM INCOME ..................................................................................................... 14 D(5.) S UPPORTIVE SERVICES & PARTICIPANT SUPPORT COSTS ........................................... 14 D(6.) T RAVEL ...................................................................................................................... 14 D(7.) T RAVEL – FOREIGN .................................................................................................... 15 D(8.) T RAVEL – MILEAGE REIMBURSEMENT RATES ............................................................ 15 D(9.) C ONFERENCES AND CONFERENCE SPACE ................................................................... 15 FY 2023 DOL Federal Award Terms & Conditions 2 D(10.) HOTEL-MOTEL FIRE SAFETY ...................................................................................... 15 PART E: REPORTING, AUDIT, AND CLOSEOUT ............................................................. 15 E(1.) REPORTS – FINANCIAL REPORTS ................................................................................ 15 E(2.) REPORTS – NARRATIVE PROGRESS REPORTS.............................................................. 16 E(3.) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR TRANSPARENCY ACT) ................................................................................................ 16 E(4.) INTEGRITY AND PERFORMANCE MATTERS – FAPIIS (FOR AWARDS EXCEEDING $500,000) ................................................................................................................... 18 E(5.) AUDITS ....................................................................................................................... 20 E(6.) AUDIT SUBMISSION DEADLINE EXTENSION RELATED TO MAJOR DISASTER AREAS .. 20 E(7.) CLOSEOUT/FINAL YEAR REQUIREMENTS ................................................................... 20 PART F: NATIONAL POLICY AND RESTRICTIONS ....................................................... 21 F(1.) ARCHITECTURAL BARRIERS ....................................................................................... 21 F(2.) DOMESTIC PREFERENCES FOR PROCUREMENTS .......................................................... 21 F(3.) DRUG-FREE WORKPLACE ........................................................................................... 21 F(4.) FLOOD INSURANCE ..................................................................................................... 21 F(5.) INTELLECTUAL PROPERTY RIGHTS ............................................................................. 21 F(6.) PROMOTING EQUITABLE DELIVERY OF GOVERNMENT BENEFITS AND EQUAL OPPORTUNITY ............................................................................................................ 22 F(7.) PERSONALLY IDENTIFIABLE INFORMATION ................................................................ 23 F(8.) PUBLICITY AND LOBBYING/ADVOCACY ..................................................................... 23 F(9.) TELECOMMUNICATIONS PROHIBITION ........................................................................ 24 F(10.) VETERANS’ PRIORITY PROVISIONS ............................................................................. 24 F(11.) WASTE, FRAUD AND ABUSE ....................................................................................... 25 F(12.) WHISTLEBLOWER PROTECTION .................................................................................. 25 F(13.) EXECUTIVE ORDER 12928 – HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND

OTHER MINORITY INSTITUTIONS SUCH AS HISPANIC-SERVING INSTITUTIONS AND TRIBAL COLLEGES AND UNIVERSITIES ....................................................................... 25 F(14.) EXECUTIVE ORDER 13043 - INCREASING SEAT BELT USE .......................................... 25 F(15.) EXECUTIVE ORDER 13166 - IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY ................................................................................. 25 F(16.) EXECUTIVE ORDER 13513 - FEDERAL LEADERSHIP ON REDUCING TEXT MESSAGING WHILE DRIVING ......................................................................................................... 26 F(17.) PUBLIC LAW: THE BUILD AMERICAN, BUY AMERICA ACT (BABAA) ....................... 26 F(18.) SALARY AND BONUS LIMITATIONS ............................................................................ 26 F(19.) HARASSMENT PROHIBITED ......................................................................................... 27 F(20.) INTELLECTUAL PROPERTY, OPEN LICENSING RIGHTS, AND THE BAYH-DOLE ACT .... 27 F(21.) PROCUREMENT ........................................................................................................... 28 PART G: NATIONAL PROHIBITIONS AND OTHER RESTRICTIONS......................... 28 G(1.) CONTRACTING WITH CORPORATIONS WITH FELONY CRIMINAL CONVICTIONS PROHIBITED ................................................................................................................ 28 FY 2023 DOL Federal Award Terms & Conditions 3
G(2.) CONTRACTING WITH CORPORATIONS WITH UNPAID TAX LIABILITIES PROHIBITED ... 28 G(3.) TRAFFICKING IN PERSONS PROHIBITED ...................................................................... 28 G(4.) HEALTH BENEFITS COVERAGE FOR CONTRACEPTIVES ............................................... 30 G(5.) HEALTH BENEFITS COVERAGE FOR ABORTIONS RESTRICTED .................................... 31 G(6.) FAIR LABOR STANDARDS ACT AMENDMENT FOR MAJOR DISASTERS ........................ 31 G(7.) BLOCKING PORNOGRAPHY REQUIRED ........................................................................ 32 G(8.) PRIVACY ACT ............................................................................................................. 32 G(9.) PROCURING GOODS OBTAINED THROUGH CHILD LABOR PROHIBITED ...................... 32 G(10.) PROMOTION OF DRUG LEGALIZATION RESTRICTED ................................................... 32 G(11.) PUBLIC COMMUNICATIONS – CERTAIN INFORMATION REQUIREMENT ....................... 33 G(12.) PURCHASE OF STERILE NEEDLES OR SYRINGES RESTRICTED ..................................... 33 G(13.) RESTRICTIONS AGAINST THE CREATION OR RESEARCH OF EMBRYOS ........................ 33 PART H: ATTACHMENTS ...................................................................................................... 34 H(1.) ATTACHMENT A: SF-424 ........................................................................................... 34 H(2.) ATTACHMENT B: SF-424A ......................................................................................... 34 H(3.) ATTACHMENT C: BUDGET NARRATIVE ...................................................................... 34 H(4.) ATTACHMENT D: STATEMENT OF WORK .................................................................... 34 4 Part A: General Award, System for Award Management and Uniform Guidance
A(1.) Compliance and the Order of Precedence
The recipient of this Federal award must assure to fully comply with the rules and requirements specified in the award document. Program requirements may be located in the Funding Opportunity Announcement (FOA), statutes, Executive Orders, government- wide regulations, agency regulations, agency policy guidance such as Training Employment Guidance Letter (TEGL), and the terms outlined in the award document.

The list below identifies the hierarchy of authority.

The following order of precedence applies to your activities under this Federal award. In the event of any inconsistency between the terms and conditions of this Notice of Award (NOA) and other requirements, consult the below order:

1. Workforce Innovation and Opportunity Act, Section 169(c)

2. Other applicable Federal statutes.

3. Consolidated Appropriations Act, 2023 (Public Law 117-328) dated December 29, 2022.

4. Implementing Regulations.

5. Executive Orders and Presidential Memoranda.

6. The Office of Management and Budget (OMB) Guidance, including the Uniform Guidance at 2 CFR (Code of Federal Regulations) parts 200 and 2900.

7. The U.S. Department of Labor (DOL) or Employment and Training Administration (ETA) directives.

8. Terms and conditions of this award.

By drawing down funds, your organization as the award recipient agrees to the provisions of 2 CFR 200.521, 2 CFR 2900.20, and 2 CFR 2900.21 and is subject to having its award removed as a result of an ALJ decision. As part of this process, the Grant Officer will provide instructions on transition and closeout to both the newly selected grant recipient and to the grant recipient whose positions is affected, or which is being removed.

A(2.) Training and Employment Guidance Letter (TEGL)
The Training and Employment Guidance Letter and any amendments found TEGL 19-22
| U.S. Department of Labor (dol.gov) are hereby incorporated into this NOA. Award recipients are bound by the authorizations, restrictions, and requirements contained in the FOA. Therefore, the expenditure of funds by the award recipient certifies that your organization has read and will comply with all the parts that are contained in the NOA.

Notice of Award The funds provided under this Notice of Award (NOA) must be expended according to all applicable Federal statutes, regulations and policies, and the applicable provisions in the appropriations act(s). The funds shall be obligated and expended via a NOA. These obligations and expenditures may not exceed the amount awarded by the NOA unless otherwise amended by the ETA. 5 A(3.) Approved Statement of Work
This project’s narrative is the approved Statement of Work (SOW). It has been included as Attachment D. If there is any inconsistency between the project narrative and the program statute, appropriation, regulations, Executive Orders, Uniform Guidance, and DOL or ETA directives, the order of precedence (as described in Section A(1). above) will prevail.

A(4.) SF-424, Application for Federal Assistance, and SF-424B, Assurances and Certifications The signed SF-424, Application for Federal Assistance, has been included as an attachment to this award. The individual that signed the SF-424 on behalf of the applicant is considered the Authorized Representative of the applicant. As stated in block 21 of the SF-424 form, the signature of the Authorized Representative on the SF-424 certifies that the award recipient is in compliance with the Assurances and Certifications form SF- 424B available at
Grants.gov. The award recipient does not need to submit the SF-424B form separately.

A(5.) Federal Project Officer (FPO) or Point of Contact (POC) See item number 10 on page 1 of this grant agreement for the Program Official/Federal Project Officer name and contact information.

The individual named as the Program Official/Federal Project Officer is not authorized to change any of the terms or conditions of the award or approve prior approval requests.

Any changes to the terms or conditions or prior approvals must be approved by the Grant Officer through the use of a formally executed award amendment process.

A(6.) System for Award Management
System for Award Management (SAM) is the official Federal system that collects, validates, stores, and disseminates business information about the Federal government's trading partners in support of contract awards, grants, and electronic payment processes.

A SAM registration is required for an entity to be able to apply for Federal awards, to request amendments to existing awards, and to enable them to closeout expiring awards.

See
Training and Employment Notice (TEN) 18-17 for additional guidance.

Unless the award recipient is exempt from this requirement under 2 CFR 25.110, the grant award or cooperative agreement recipient must maintain current information in the SAM. This includes information on the recipient’s immediate and highest-level owner and subsidiaries, as well as on all of the recipient’s predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until the award recipient submits the final financial report required under this Federal award or receive the final payment, whichever is later.

DOL advises award recipients and other awardees of Federal awards such as cooperative agreements registered in SAM to review their registration information, particularly their 6 financial information and points of contact. Assistance is available by contacting the Federal Service Desk at FSD.gov. Grant award or cooperative agreement recipients should alert their FPO and contact ETA at [email protected] if they find that payments have been paid to a bank account other than their registered bank account.

DOL routinely checks the validity of a grant award or cooperative agreement recipient’s SAM registration and verifies that the recipient is not included on the excluded parties list before making an award or approving a modification to an existing award. Failure to have an active SAM registration can delay award recipients from receiving their initial award or requested modifications to their existing awards.

DOL further encourages award recipients to review the expiration date of their SAM registration and begin the renewal process well in advance, to ensure that their registration remains valid. If the award recipient has not logged in and updated its entity registration record within at least the past 365 days, its record will expire and go into inactive status. Timely renewal will ensure that the award recipient can continue to request and receive modifications to their existing grants, as well as apply for new funding opportunities. Further, the EIN number must remain active until the award closeout process is fully completed.

A(7.) Unique Entity Identifier Requirements
Effective on April 4, 2022, the DUNS Number was replaced by a new, non-proprietary identifier requested in and assigned by
SAM.gov. This new identifier is called the Unique
Entity Identifier (UEI), or the Entity ID. To learn more about how to access your UEI, please visit the U.S. General Service Administration (GSA), Unique Entity Identifier Update webpage.

If the grant award or cooperative agreement recipient is authorized to make subawards (see definition below in Section A (10.)) under this award, then the recipient:

1. Must notify potential subrecipients that no entity may receive a subaward from the award recipient until the entity has provided its UEI to the recipient.

2. May not make a subaward to an entity unless the entity has provided its UEI to the grant award or cooperative agreement recipient. Subrecipients are not required to obtain an active SAM registration but must obtain a UEI.

A(8.) Uniform Guidance Revisions
The Office of Management and Budget issued revisions to 2 CFR parts 25, 170, 183, and 200 (the Uniform Guidance) on August 13, 2020, and February 22, 2021 (technical correction). These revisions became effective November 12, 2020, except for the amendments to 2 CFR 200.216 and 200.340, which were immediately effective on August 13, 2020. The award recipient must operate in compliance with these revised regulations. Please note that the section numbering in the Uniform Guidance has changed in some instances, and this terms and conditions document has been updated accordingly.
7 A(9.) For-Profit Entities and Profit
For-profit and foreign entities are included in the definition of Non-Federal Entity (NFE) for DOL awards, per DOL’s OMB-approved exception found at 2 CFR 2900.2. These entities, along with all other recipients of Federal awards, must comply with the Uniform Guidance found at 2 CFR parts 200 and 2900. The regulation at 2 CFR 2900.2 defines Non-Federal Entity as a state, local government, Indian tribe, institution of higher education (IHE), for-profit entity, foreign public entity, foreign organization or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

The recipient is prohibited from earning a profit resulting from the implementation of this cooperative agreement. As directed in 2 CFR 200.400(g), non-Federal entities may not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized in the Federal award. Additionally, the provision on profit only applies to WIOA Title 1 programs at 20 CFR 683.295.

A(10.) Subawards
A subaward means an award provided by a Pass-Through Entity (PTE) to a subrecipient for the subrecipient to carry out part of a Federal award received by the PTE. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the PTE considers a contract.

The provisions of the Terms and Conditions of this award will be applied to any subrecipient under this award. The recipient is responsible for monitoring the subrecipient, ensuring that the Terms and Conditions are in all subaward packages and that the subrecipient complies with all applicable regulations and the Terms and Conditions of this award (2 CFR 200.101(b)).

A(11.) Vendor/Contractor Defined
The term “contractor,” sometimes referred to as a vendor, is a dealer, distributor, merchant or other seller providing goods or services that are required to implement a Federal program (see 2 CFR 200.1). These goods or services may be for an organization's own use or for the use of the beneficiaries of the Federal program. Additional guidance on distinguishing between a subrecipient and a contractor (vendor) is provided in 2 CFR 200.331. When procuring contractors for goods and services, DOL/ETA recipients and subrecipients must follow the procurement requirements found at 2 CFR 200.320 (except states, pursuant to 2 CFR 200.317), which calls for free and open competition.

A(12.) Technical Assistance, Resources, and Information Additional resources, training, and information to assist the award recipient are located on the ETA website,
Resources webpage and on the Grants Application and Management collection page on WorkforceGPS.org. SMART training is a technical assistance initiative sponsored by DOL/ETA to assist its award recipients and subrecipients in 8 improving its program/project operations through effective grants management. Please take some time to review the training modules which are focused on:

Strategies for sound grant management that include:

Monitoring,
Accountability,
Risk mitigation and
Transparency.

These four themes are woven throughout the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, also known as the Uniform Guidance (2 CFR Part 200 and 2 CFR Part 2900). The 508-compliant PowerPoints of the modules may be found on
WorkforceGPS.org at the Resource page.

A(13.) Monitoring, Technical Assistance, and Additional Specific Conditions of Award All award recipients, including states and territories managing the Unemployment Insurance programs, are subject to 2 CFR 200.208, Specific conditions, which indicates that the Federal awarding agency may adjust specific award conditions as needed. A specific condition is based on an analysis of the following factors:

1. Based on the criteria in §200.206, Federal awarding agency review of risk posed by applicants;

2. The applicant or recipient's history of compliance with the general or specific terms and conditions of a Federal award;

3. The applicant or recipient's ability to meet expected performance goals as described in 2 CFR 200.211; or

4. A responsibility determination of an applicant or recipient.

Additional Federal award conditions may include items such as the following:

1. Requiring payments as reimbursements rather than advance payments;

2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given performance period;

3. Requiring additional, more detailed financial reports;

4. Requiring additional project monitoring;

5. Requiring the non-Federal entity to obtain technical or management assistance; or

6. Establishing additional prior approvals.

Award recipients may be required to obtain technical or management assistance through an established provider/contractor that has been selected or hired by DOL/ETA that may include in-person or remote assistance.

A(14.) Evaluation, Data, and Implementation
Award recipients must cooperate during the implementation of a third-party evaluation.

This means providing DOL/ETA or its authorized contractor with the appropriate data 9 and access to program operating personnel and participants in a timely manner.

A(15.) Program Requirements
TEGL-19-22 contains the program requirements for this award.

Part B: Indirect Costs, Budget, and Cost Share (Match)
B(1.) Indirect Cost Rate and Cost Allocation Plan
An award recipient that is claiming indirect costs to a Federal award must have a Negotiated Indirect Cost Rate Agreement (NICRA), Cost Allocation Plan (CAP), or elect to utilize the de minimis rate of 10% of modified total direct costs (MTDC). Indirect (facilities & administrative (F&A)) costs are costs incurred for a common or joint purpose that benefit more than one cost objective and are not readily assignable to one cost objective without specifically benefitting effort disproportionate to the results achieved. Direct costs, by contrast, can be identified specifically with a particular cost objective, such as a Federal award, or other internally or externally funded activity that can be directly assigned to such activities relatively easily with a high degree of accuracy.

Identification with the Federal award rather than the nature of the goods and services involved is the determining factor in distinguishing direct from indirect (F&A) costs.

If the DOL serves as the Federal Cognizant Agency (FCA) for the award recipient, then the award recipient must work with DOL’s Cost & Price Determination Division (CPDD), which has delegated authority to negotiate and issue a NICRA or CAP on behalf of the Federal Government. More information about the DOL’s CPDD is available at DOL’s Cost & Price Determination Division (CPDD) their website and provides
guidelines to help develop indirect cost rates, links to the applicable cost principles, and contact information. The CPDD also has Frequently Asked Questions to provide general information about the indirect cost rate approval process and due dates for provisional and final indirect cost rate proposals.

If a new NICRA is issued during the award’s period of performance, it must be provided to DOL within 30 days of issuance. Funds may be re-budgeted as necessary between direct cost categories as long as they are consistent with the Budget Flexibility term within this agreement, grant requirements, and DOL regulations on prior approval.

However, the total amount of the award will not be increased.

☐
(1) The award recipient has a federally approved NICRA or CAP covering the entirety or a portion of the grant period of performance is included as Attachment E. If the NICRA or CAP covers only a portion of the period of performance, a new approved NICRA or CAP will need to be provided for the remaining portion of the period of performance. Once approved, the NICRA or CAP must be submitted to your Federal Project Officer.

10 ☐ (2) The award recipient has elected to use the De Minimis Rate of 10% of Modified Total Direct Costs (MTDC). To avoid a serious inequity in the distribution of indirect cost, DOL defines MTDC as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, and travel up to the first $25,000 of each subaward or subcontract (regardless of the period of performance of the subawards and subcontracts under the awa rd). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward or subcontract in excess of $25,000.

See 2 CFR 200.414(f) for more information on use of the de minimis rate.

Please be aware that incurred indirect-type costs (such as but not limited to top management salaries, financial oversight, human resources, payroll, personnel, auditing costs, acco unting and legal, etc. used for the general oversight and administration of the organization) must not be classified as direct costs; these types of costs are recovered as part of charging the de minimis rate.

To use de minimis, t
he award recipient must not have a current negotiated
(including provisional) rate.

A governmental department or agency unit that receives more than $35 million in direct Federal funding must submit its indirect cost rate proposal to its cognizant agency for indirect costs and cannot utilize the de minimis rate in accordance with 2 CFR 200.414(f).

De minimis may be used indefinitely.

If the award recipient elects to utilize the
de minimis rate, this methodology must be used consistently for all Federal awards until such time as the award recipient chooses to negotiate for an indirect cost rate, which the award recipient may apply to do at any time.

☐ (3) The award recipient has claimed indirect costs on the SF -424A; however, an approved NICRA or CAP approved by the FCA was not provided and the award recipient did not elect to utilize the de minimis rate of 10% of MTDC.

An approved NICRA or CAP must be subm itted to the Grant Officer, or the award recipient must elect to utilize the de minimis rate of 10% of MTDC in order to charge indirect costs to the Federal award.

URGENT NOTICE: Estimated indirect costs have been specified on the SF - 424A Budget Information form, however only the de minimis rate of 10% of MTDC will be released to support the indirect costs in the absence of a NICRA or CAP approved by the FCA.

The remaining funds which have been awarded for indirect costs are restricted and may not be used for any purpose until the recipient provides a signed copy of the NICRA or CAP. As the grant award or cooperative agreement recipient, the recipient must sub mit an indirect cost rate proposal or CAP to their FCA. 11 Alternatively, the award recipient may request the de minimis rate if eligible in accordance with 2 CFR 200.414(f).

As the award recipient, the recipient must submit an indirect cost rate proposal or CAP. If the FCA for indirect costs is DOL, these documents should be submitted to the DOL’s Cost & Price Determination Division (CPDD).

Otherwise, they should be submitted to the award recipient’s FCA.

Alternatively, the award recipient may request the de minimis rate if eligible (see section b. above). In addition, the recipient must notify the FPO that the documents have been submitted to the appropriate FCA.

If the award recipient does not submit a NICRA proposal within 90 days of award, they will be limited to the de minimis rate of 10% of Modified Total Direct Costs (MTDC).

☒ (4) The award recipient elected to exclude indirect costs from the proposed budget.

F&A costs should only be classified as direct costs if they meet the conditions specified in 2 CFR 200.413(c).

If indirect costs are misclassified as direct costs, per the guidelines at 2 CFR 200.412 - 414, such costs may become disallowed through an audit or compliance review conducted by a Federal staff person. Please be aware that incurred indirect costs (such a s but not limited to top management salaries, financial oversight, human resources, payroll, personnel, auditing costs, accounting and legal, etc. used for the general oversight and administration of the organization) must not be classified as direct costs; these types of costs are indirect costs. Only direct costs, as defined by the cost principles contained in the Uniform Guidance will be charged.

B(2.) Indirect Cost Rate – Financial Reporting for NICRA and De Minimis All award recipients with an approved NICRA or de minimis rate must report indirect costs on their FINAL ETA-9130 Financial Report. If an award recipient has a NICRA and a CAP, only the indirect costs tied to the NICRA are reported on the FINAL ETA- 9130 Financial Report. The grant recipient may refer to the ETA-9130 Report for additional guidance.

B(3.) Budget - Approved
The award recipient’s budget documents are attached in this NOA. The documents are: 1) the SF-424, included as Attachment A; 2) the SF-424A, included as Attachment B; and 3) the Budget Narrative, included as Attachment C. The award recipient must confirm that all costs are allowable, reasonable, necessary, and allocable before charging any expense.

Pursuant to 2 CFR 2900.1, the approval of the budget as awarded does not constitute prior approval of those items specified in 2 CFR part 200 and 2 CFR part 2900 or as a 12 part of the grant award as requiring prior approval. The Grant Officer is the only official with the authority to provide such approval.

Any changes to the budget that impact the Statement of Work (SOW) and agreed upon outcomes or deliverables will require a request for modification and prior approval from the Grant Officer.

If the period of performance will include multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance terms and conditions of the Federal award.

Unless otherwise authorized in a grant award or cooperative agreement or subsequent modification, recipients must expend funds with the shortest period of availability first (20 CFR 683.110).

B(4.) Budget Flexibility
Award recipients are not permitted to make transfers that would cause any funds to be used for purposes other than those consistent with this Federal program. Any budget changes that impact the SOW and agreed upon outcomes or deliverables require a request for modification and approval from the Grant Officer.

Any request for a budget modification or non-competing extension of the final budget should be submitted to the Grant Officer, in writing, at least 30 days before the Period of Performance is scheduled to expire. Such requests usually are for a period of up to 12 months.

As directed in 2 CFR 200.308(f), for programs where the Federal share is over the Simplified Acquisition Threshold (SAT) (currently $250,000), the transfer of funds among direct cost categories or programs, functions, and activities is restricted such that if the cumulative amount of such transfers exceeds or is expected to exceed 10% of the total budget as last approved by the Federal awarding agency, the award recipient must receive prior approval from the Grant Officer. Any changes within a specific cost category on the SF-424A do not require a grant modification unless the change results in a cumulative transfer among direct cost categories exceeding 10% of total budget. It is recommended that the assigned Federal Project Officer or point of contact review any within-line changes to the award recipient’s budget prior to implementation to ensure they do not require a modification.

For programs where the Federal share of the project is below the SAT of $250,000, recipients are not required to obtain the Grant Officer’s approval when transferring funds among direct cost categories.

13 Part C: Funds Management
C(1.) Funds – Payment Management System (PMS)
Upon receipt of a NOA, in order to draw funds from the U.S. Department of Health and Human Services (HHS) Payment Management System (PMS), an active account must be established. To establish an account, award recipients must complete an SF-1199A and PMS Access form (shown as the PMS New User Access Request on the PMS website) (User Access). DOL is responsible for completing portions of the SF-1199A and submitting the completed SF-1199A to the Division of Payment Management, which operates PMS. Federal award recipients do not need to complete these forms if they already have an account with PMS.

C(2.) Funds - Return & Refunds
DOL does not accept paper checks for any type of returned funds. For active grants, all return of funds are to be submitted electronically through the PMS operated by the HHS via the same method as a drawdown. For grants that have been cancelled or are expired (typically older than five years), incoming payments, including returns and recoveries to DOL, must be made via the
Pay.gov website.

If there are questions regarding the return of funds, or your organization no longer has access to PMS, contact the DOL/ETA, Office of Financial Administration via email at:

[email protected] for further assistance.

Part D: Costs - Limitations, Items, and Restrictions
D(1.) Consultants
For the purposes of this grant award, the Grant Officer has determined that fees paid to a consultant who provides services under a program shall be limited to $815.00 a day (representing an eight-hour workday). Such costs must be reasonable, allocable, and allowable to the program. Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer.

D(2.) Equipment
The award recipient(s) must submit a request to purchase equipment and receive prior approval from the Grant Officer as defined in the Uniform Guidance at 2 CFR 200.1. A request to purchase equipment will be reviewed and approved in a modification to the award. Prior approval is required only when the per unit’s acquisition cost is $5,000 or more regardless of the non-Federal entity’s capitalization threshold. Equipment purchases must be made in accordance with 2 CFR 200.313 or 2 CFR 200.439.

14 Being awarded this grant does not automatically mean that the equipment specified in the approved budget or SOW is approved by the Grant Officer. Unless approval is provided in the grant agreement remarks, the recipient must submit a detailed list describing the planned purchases to the FPO for review within 90 days of the NOA date. Recipients are strongly encouraged to submit requests to purchase equipment as early as possible in the grant’s period of performance with as many planned pieces of equipment as possible.

Recipients may not purchase equipment during the last year of the period of performance or the last year of full program service delivery (not follow-up activities), whichever comes first. If any approved acquisition has not occurred prior to the last funded year of performance, approval for that item will be rescinded.

D(3.) Pre-Award Costs
All costs incurred by the award recipient prior to the start date specified in the grant award issued by the Department are incurred at the recipient’s own expense.

D(4.) Program Income
The Addition method as described in 2 CFR 200.307 must be used in allocating any program income generated for this awards award. The award recipient must expend all program income prior to drawing down any additional funds as required at 2 CFR 200.305(b)(5) and 2 CFR 200.307(e). The DOL will require any program income remaining at the end of period of performance to be returned to DOL. In addition, award recipient(s) must report program income on the quarterly financial report using the applicable ETA-9130 or SF-425 reports.

D(5.) Supportive Services & Participant Support Costs
When supportive services are expressly authorized by a program statute, regulation, or TEGL, this award waives the prior approval requirement for participant support costs as described in 2 CFR 200.456. Costs must still meet the basic considerations at 2 CFR 200.402 – 200.411. Questions regarding supportive services and participant support costs should be directed to the FPO who is assigned to the award.

D(6.) Travel
This award waives the prior approval requirement for domestic travel as contained in 2 CFR 200.475. For domestic travel to be an allowable cost, it must be necessary, allowable, reasonable, allocable and conform to the non-Federal entity’s written policies and procedures. All travel must also comply with Fly America Act (49 USC 40118), which states in part that any air transportation, regardless of price, must be performed by, or under a code-sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is available.

15 D(7.) Travel – Foreign
Foreign travel is not allowable except with prior written approval from the Grant Officer through the process described in 2 CFR 200.407 and 2 CFR 2900.16. All travel, both domestic and Grant Officer approved foreign travel, must comply with the Fly America Act (49 USC 40118), which states in part that any air transportation, regardless of price, must be performed by, or under a code-sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is available.

D(8.) Travel – Mileage Reimbursement Rates
Pursuant to 2 CFR 200.475(a), all award recipients must have policies and procedures in place related to travel costs; however, for reimbursement on a mileage basis, this Federal grant award cannot be charged more than the maximum allowable mileage reimbursement rates for Federal employees. Mileage rates must be checked annually at GSA’s
Privately Owned Vehicle (POV) Mileage Reimbursement Rates webpage to ensure compliance.

D(9.) Conferences and Conference Space
Conferences sponsored in whole or in part by the award recipient are allowable if the conference is necessary and reasonable for the successful performance of the Federal award. Award recipients are urged to use discretion and good judgment to ensure that all conference costs charged to the grant are appropriate and allowable. For more information on the requirements and the allowability of costs associated with conferences, refer to 2 CFR 200.432. Recipients will be held accountable to the requirements in 2 CFR 200.432. Therefore, costs that do not comply with 2 CFR 200.432 will be questioned and may be disallowed.

D(10.) Hotel-Motel Fire Safety
Pursuant to 15 U.S.C. 2225a, the recipient must ensure that all space for conferences and conventions or training seminars funded in whole or in part with Federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391, as amended). Recipients may search the
Hotel-Motel National Master List to
see if a property is in compliance, or to find other information about the Act.

Part E: Reporting, Audit, and Closeout
E(1.) Reports – Financial Reports
All ETA award recipients are required to submit quarterly financial and narrative progress reports for each award.

16 1) Financial Reports. All ETA award recipients are required to report financial data on the ETA-9130 Financial Report. ETA-9130 reports are due by the 15th day of the second month after each calendar-year quarter. A final financial report must be submitted no later than 120 calendar days after the quarter encompassing the award end date ends, or 120 calendar days after the completion of the quarter in which all funds have been expended, whichever comes first. For additional guidance on ETA’s financial reporting, reference ETA-9130 Financial Reporting Resources.

The instructions for accessing both the online financial reporting system and the HHS PMS can be found in the transmittal memo accompanying this NOA.

E(2.) Reports – Narrative Progress Reports
1) Narrative Progress Reports. Award recipients are required to submit quarterly and final narrative reports on grant activities funded under this award. All reports are due by the 15th day of the second month after each calendar-year quarter.

a) The last quarterly progress report that award recipients submit will serve as the grant’s Final Performance Report. This report should provide both quarterly and cumulative information on the award’s activities. It must summarize project activities, employment outcomes and other deliverables, and related results of the project.

b) The award recipient shall use any standard forms and instructions to report on training and employment outcomes and other data relating to the progress reports as provided by ETA.

The award recipient shall utilize standard reporting processes and electronic reporting systems to submit their quarterly progress reports as provided by ETA.

E(3.) Federal Funding Accountability and Transparency Act (FFATA or Transparency Act) Applicable to grants and cooperative agreements:
1) Reporting of first-tier subawards.
a) Applicability. Unless the award recipient is exempt as provided in paragraph [4.] of this award term, the award recipient must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph [5.] of this award term). b) Where and when to report.

I. The Federal entity or Federal agency must report each obligating action described in paragraph [1.a.] of this award term to FSRS.gov.

II. For subaward information, the recipient must report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 17 7, 2010, the obligation must be reported by no later than December 31, 2010.)
c) What to report. The award recipient must report the information about each obligating action that the submission instructions posted at FSRS.gov specify.
2) Exemptions.

If, in the previous tax year, the award recipient had gross income, from all sources, under $300,000, the recipient is exempt from the requirements to report:
a) Subawards; and
b) The total compensation of the five most highly compensated executives of any subrecipient.
3) Definitions.

For purposes of this award term:
a) Federal Agency means a Federal agency as defined in 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).
b) Non-Federal Entity means all of the following, as defined in 2 CFR part 25:

I. A Governmental organization, which is a State, local government, or Indian tribe;
II. A foreign public entity;
III. A domestic or foreign nonprofit organization; and
IV. A domestic or foreign for-profit organization.
c) Executive means officers, managing partners, or any other employees in management positions.
d) Subaward:

I. This term is used as a legal instrument to provide support for the performance of any portion of the substantive project or program for which the grant recipient received this award and that the grant recipient as the recipient award to an eligible subrecipient.

II. The term does not include the award recipient’s payment to a contractor, as defined in 2 CFR 200.331, for property and services needed to carry out the project or program.

III. A subaward may be provided through any legal agreement, including an agreement that the grant recipient or a
subrecipient considers a contract.
e) Subrecipient means a non-Federal entity or Federal agency that:

I. Receives a subaward from the award recipient under this award; and
II. Is accountable to the grant recipient for the use of the Federal funds provided by the subaward.
f) Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

I. Salary and bonus.

II. Awards of stock, stock options, and stock appreciation rights.

Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance 18 with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

III. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried
employees.

IV. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

V. Above-market earnings on deferred compensation which is not tax-qualified.

VI. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000.

E(4.) Integrity and Performance Matters – FAPIIS (For awards exceeding $500,000) 1) If the total value of the currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the award recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in Paragraph 2 of this award term and condition. This is a statutory requirement under Section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by Section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2) Proceedings about which the award recipient must report. Submit the information required about each proceeding that:
a) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b) Reached its final disposition during the most recent 5-year period; and c) Is one of the following:

I. A criminal proceeding that resulted in a conviction, as defined in Paragraph 5. of this award term;
II. A civil proceeding that resulted in a finding of fault and liability and paying a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
III. An administrative proceeding, as defined in Paragraph 5. of this award term, that resulted in a finding of fault and liability and grant recipient payment of either monetary fine or penalty 19 of $5,000 or more or a reimbursement, restitution, or damages in excess of $100,000; or
IV. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in Paragraph

2.c.I, II, or III of this award term;
b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the grant recipient’s part; and
c. The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.

3) Reporting procedures. Enter in SAM, Entity Management area (formerly CCR), or any successor system, the FAPIIS information that SAM requires about each proceeding described in Paragraph 2 of this award term. The award recipient does not need to submit the information a second time under assistance awards that were received if the recipient already provided the information through SAM (formerly CCR) because the recipient was required to do so under Federal procurement contracts that the recipient was awarded.

4) Reporting frequency. During any period of time when the award recipient is subject to the requirement in Paragraph 1 of this award term, the award recipient must report FAPIIS information through SAM no less frequently than semiannually following the initial report of any proceedings for the most recent 5-year period, either to report new information about any proceeding(s) that the award recipient has not reported previously or to affirm that there is no new information to report.

5) Definitions. For purposes of this award term:

a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., SEC Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes —
I. Only the Federal share of the funding under any award with a recipient cost share or match; and
II. The value of all options, even if not yet exercised.

20 E(5.) Audits
Organization-wide or program-specific audits must be performed in accordance with Subpart F, the Audit Requirements of the Uniform Guidance. DOL award recipients that expend $750,000 or more in a year from any Federal awards must have an audit conducted for that year in accordance with the requirements contained in 2 CFR 200.501.

OMB’s approved DOL exception at 2 CFR 2900.2 expands the definition of ‘non-Federal entity’ to include for-profit entities and foreign entities. As such, for-profit and foreign entities that are recipients/subrecipients of a DOL award must adhere to the Uniform Guidance at 2 CFR 200, including Subpart F. Audits of direct award recipients that are for-profit and foreign entities must be submitted directly to: USDOL ETA-OGM, Attn:

Audit Resolution, 200 Constitution Ave NW, Room N-4716, Washington, DC 20210.

All other audit reports are submitted through the Federal Audit Clearinghouse.

The Federal Audit Clearinghouse (FAC) will transition from the U.S. Census Bureau (Census) to the U.S. General Services Administration (GSA) on October 1, 2023. At that time, all submissions will need to be made through the
new FAC hosted by GSA. Any
draft not fully submitted to the Census FAC by October 1, 2023 may need to be completely re-started at the new GSA FAC.

E(6.) Audit Submission Deadline Extension Related to Major Disaster Areas OMB announced on the
FAC website that a six-month single audit submission extension is available to non-federal entity recipients in Puerto Rico, Alaska, Florida, South Carolina, and North Carolina that have due dates between September 18, 2022, and December 31, 2022. Although the extension is due to complications created by various weather-related events, the extension is available to all recipients in each of the states and not just those located in certain areas of the states most significantly impacted. OMB encourages recipients in less affected areas to submit their reports as soon as possible.

E(7.) Closeout/Final Year Requirements
At the end of the grant period, the award recipient will be required to close the grant with the DOL. The grant award and cooperative agreement recipient will be notified approximately 15 days prior to the end of the period of performance that the closeout process will begin when the period of performance ends. See ETA’s Grant Closeout
webpage for further information on the closeout process. The recipient’s responsibilities at closeout may be found at 2 CFR 200.344. During the closeout process, the award recipient must be able to provide documentation for all direct and indirect costs that are incurred. For instance, if an organization is claiming indirect costs, the required documentation is a NICRA or CAP issued by the award recipient’s FCA. For those approved to utilize a de minimis rate for indirect costs, the grant agreement or cooperative agreement is sufficient documentation. Not having documentation for direct or indirect costs will result in costs being disallowed and subject to debt collection.

The only liquidation that can occur during closeout is the liquidation of accrued expenditures (NOT obligations) for goods and/or services received during the period of performance specified in this award (see 2 CFR 2900.15). 21 Part F: National Policy and Restrictions
F(1.) Architectural Barriers
The Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq., as amended, the Federal Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal Accessibility Standards issued by the U.S. General Services Administration (GSA) (see 36 CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and usable by, the physically handicapped and include minimum design standards. All new facilities designed or constructed with grant support must comply with these requirements.

F(2.) Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of 2 CFR 200.322 must be included in all subawards including all contracts and purchase orders for work or products under this award.

F(3.) Drug-Free Workplace
The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all award recipients receiving awards from any Federal agency maintain a drug-free workplace. The award recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment.

F(4.) Flood Insurance
The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in communities in the United States identified as flood-prone, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification. The flood insurance purchase requirement applies to both public and private applicants for the DOL support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by Federal Emergency Management Agency (FEMA).

F(5.) 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:
the copyright in all products developed under the grant, including a subgrant or contract under the grant or subgrant; and any rights of copyright to which the award recipient, subrecipient or a contractor purchases ownership under an award (including but not 22 limited to curricula, training models, 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 license fee for use of a copyrighted work, or the cost of acquiring by purchase a copyright in a work, where the DOL has a license or rights of free use in such work, although they may be used to pay costs for obtaining a copy which is limited to the developer/seller costs of copying and shipping.

If revenues are generated by selling products developed with grant funds, including intellectual property, these revenues are considered as program income. Program income must be used in accordance with the provisions of this grant award and 2 CFR 200.307.

The following language must be on all workforce products developed in whole or in part with grant funds:

“This workforce product was funded by a grant awarded by the U.S.

Department of Labor (DOL)’s , Employment and Training
Administration. The product was created by the recipient and does not necessarily reflect the official position of DOL. DOL makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on lin ked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequ acy, continued availability, or ownership. This product is copyrighted by the institution that created it.”
F(6.) Promoting Equitable Delivery of Government Benefits and Equal Opportunity The Department of Labor (Labor) seeks to affirmatively advance equity, civil rights and equal opportunity in the policies, programs, and services it provides. Therefore, consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, grant award and cooperative agreement recipients must execute the terms and conditions of their award in a manner that advances equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. This extends to all award activities including, but not limited to, service delivery, selection of subrecipients and contractors, and procurement of goods and services. Government programs are designed to serve all eligible individuals. As an expectation, Labor’s award recipients should make the goods and services they provide widely available with the goal of effectively serving a diverse population of eligible individuals; fairly, justly, and impartially in administering the grant award. Award recipients are encouraged to engage in contracting and subcontracting for goods and services related to performing the terms and conditions of their grants in such a way to achieve equity.

23 The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

The term “underserved communities” refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity.” F(7.) Personally Identifiable Information
The award recipient(s) must recognize and safeguard Personally Identifiable Information (PII) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. Award recipients must meet the requirements in TEGL No. 39-11,
Guidance on the Handling and Protection of PII.

F(8.) Publicity and Lobbying/Advocacy
Publicity - Pursuant to P.L. 117-328, Division H, Title V, Section 503, the award recipient is not authorized to use any funds provided under this award—other than for normal and recognized executive–legislative relationships—for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation, designed to support or defeat legislation pending before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself.

Lobbying/Advocacy - Pursuant to P.L. 117-328, Division H, Title V, Section 503, no federal funds may be used to pay the salary or expenses of any grant recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive–legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government.
24 F(9.) Telecommunications Prohibition
Award recipients must adhere to 2 CFR 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment (effective August 13, 2020).

Grant award and cooperative agreement recipients, and subrecipients are prohibited from obligating or expending loan or grant funds to:

Procure or obtain;
Extend or renew a contract to procure or obtain; or
Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Including telecommunications or video surveillance services provided by such entities or using such equipment and telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. See Public Law 115-232 (section 889) and 2 CFR 200.471 for additional information.

F(10.) Veterans’ Priority Provisions
The Jobs for Veterans Act (Public Law 107-288) requires award recipients to provide priority 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 the DOL. The regulations implementing this priority of service can be found at 20 CFR Part 1010. In circumstances where an award recipient must choose between two qualified candidates for a service, one of whom is a veteran or eligible spouse, the veterans’ priority of service provisions require that the award recipient give the veteran or 25 eligible spouse priority of service by first providing him or her that service. To obtain priority of service, a veteran or spouse must meet the program’s eligibility requirements.

Award recipients must comply with the DOL guidance on veterans’ priority. ETA’s 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.

F(11.) Waste, Fraud and Abuse
No entity receiving Federal funds may require employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

F(12.) Whistleblower Protection
All employees working for contractors, grantees/ grant recipients, subcontractors, subgrantees/ subrecipients, and recipients of cooperative agreements working on this Federal award are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. The award recipient shall inform its employees and applicable contractors and subrecipients, in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. The award recipient shall insert the substance of this clause in all subawards and contracts over the Simplified Acquisition Threshold.

F(13.) Executive Order 12928 – Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities Pursuant to Executive Order (EO) 12928, the award recipient is strongly encouraged to provide subcontracting/subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities; and to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals.

F(14.) Executive Order 13043 - Increasing Seat Belt Use Pursuant to EO 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the award recipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

F(15.) Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency
As clarified by EO 13166, Improving Access to Services for Persons with Limited English Proficiency, dated August 11, 2000, and resulting agency guidance, national 26 origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, award recipients must take reasonable steps to ensure that LEP persons have meaningful access to programs in accordance with DOL’s Policy Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with Limited English Proficiency, 68 FR 32289 (May 29, 2003).

Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Award recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding your LEP obligations, go to
LEP.gov.

F(16.) Executive Order 13513 - Federal Leadership On Reducing Text Messaging While Driving
Pursuant to EO 13513, Federal Leadership On Reducing Text Messaging While Driving, dated October 1, 2009, award recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles (GOV), or while driving privately-owned vehicles (POV) when on official Government business or when performing any work for or on behalf of the Government. Award recipients and subrecipients are also encouraged to conduct initiatives of the type described in section 3(a) of this order.

F(17.) Public Law: The Build American, Buy America Act (BABAA) The Build America, Buy America Act (“BABAA”) was enacted on November 12, 2021 as part of the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58. With the passage of the IIJA, federal financial assistance projects for infrastructure must comply with domestic content procurement preference requirements established in BABAA Section 70914. These requirements went into effect May 14, 2022. The Buy America preference requires all iron, steel, manufactured products, and construction materials used for infrastructure projects in the United States under an award to be domestically manufactured. Covered activities include the construction, alteration, maintenance, or repair of public infrastructure, including buildings and real property (See OMB Memorandum M-22-11).

F(18.) Salary and Bonus Limitations

Pursuant to P.L. 117-328, Division H, Title I, Section 105, award recipients and subrecipients shall not use funds to pay the salary and bonuses of an individual, either as direct costs or as indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may change yearly and is located on the OPM.gov website. The salary
and bonus limitation does not apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.331. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients, taking into account factors including the relative cost-of- living in the State, the compensation levels for comparable State or local government 27 employees, and the size of the organizations that administer Federal programs involved including DOL programs. See TEGL 5-06 for further clarification.

F(19.) Harassment Prohibited
The grant recipient and any subrecipients are prohibited from engaging in harassment of an individual based on race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, based on citizenship status or participation in any WIOA Title I-financially assisted program or activity. Harassing conduct of this type is a violation of the nondiscrimination provisions of WIOA and of 29 CFR Part 38.
i. Unwelcome sexual advances, requests for sexual favors, or offensive remarks about a person's race, color, religion, sex, national origin, age, disability, political affiliation or belief, or citizenship or participation, and other unwelcome verbal or physical conduct based on one or more of these protected categories constitutes unlawful harassment on that basis(es) when:
ii. Submission to such conduct is made either explicitly or implicitly a term or condition of accessing the aid, benefit, service, or training of, or employment in the administration of or in connection with, any WIOA title I-financially assisted program or activity; or
iii. Submission to, or rejection of, such conduct by an individual is used as the basis for limiting that individual's access to any aid, benefit, service, training, or employment from, or employment in the administration of or in connection with, any WIOA Title I-financially assisted program or activity; or iv. Such conduct has the purpose or effect of unreasonably interfering with an individual's participation in a WIOA Title I-financially assisted program or activity creating an intimidating, hostile or offensive program environment. v. Harassment because of sex includes harassment based on gender identity or sexual orientation; harassment based on failure to comport with sex stereotypes; and harassment based on pregnancy, childbirth, and related medical conditions.

Sex-based harassment may include harassment that is not sexual in nature but that is because of sex or where one sex is targeted for the harassment.

F(20.) Intellectual Property, Open Licensing Rights, and the Bayh-Dole Act As required at 2 CFR 2900.13, any intellectual property developed under a discretionary Federal award process must be licensed under an open license, which allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and attribute the work in the manner specified by the recipient.

All small business firms, and non-profit organizations (as defined in the link below, and including Institutions of Higher Education) must adhere to the Bayh-Dole Act, which requirements are provided at 37 CFR 401.3(a) and at
Bayh‐Dole Act Required ETA
Grant Term. To summarize, these requirements describe the ownership of intellectual property rights and the government’s nonexclusive, nontransferable, irrevocable, paid-up 28 license to use any invention conceived or first actually reduced to practice in the performance of work under this grant award. These requirements are in addition to those found in the Intellectual Property Rights term above.

F(21.) Procurement
The Procurement Standards found in the Uniform Guidance at 2 CFR 200.318-327 require all award recipients and subrecipients to conduct procurement transactions in a manner that promote practical, open, and free competition. The award recipient’s description in the SOW of a specific entity that will provide goods or services does not constitute approval or justification of sole-source procurement from this entity.

The Uniform Guidance (at 2 CFR 200.317) requires States (as defined in 2 CFR 200.1) to follow the same procurement policies and procedures it uses for non-Federal funds. The State must comply with 2 CFR 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 CFR 200.327.

Part G: National Prohibitions and Other Restrictions
G(1.) Contracting with Corporations with Felony Criminal Convictions Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months.

G(2.) Contracting with Corporations with Unpaid Tax Liabilities Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

G(3.) Trafficking in Persons Prohibited
1) This part establishes a government-wide award term for grants and cooperative agreements to implement the requirement in regard to Trafficking in persons. a) Provisions applicable to a recipient that is a private entity.

I.The award recipient, the award recipient’s employees, subrecipients under this award, and subrecipients' employees may not—
(A). Engage in severe forms of trafficking in persons during the period of time that the grant award is in effect; or
(B). Procure a commercial sex act during the period of time that the award is in effect; or
29 (C). Use forced labor in the performance of the award or subawards under the award.

II.DOL as the Federal awarding agency may unilaterally terminate this award, without penalty, if the award recipient or a subrecipient that is a private entity —
(A). Is determined to have violated a prohibition in paragraph a) I. of this award term; or
(B). Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a) I. of this award term through conduct that is either— i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement),” as implemented by
our agency at 2 CFR Part 2998.
b. Provision applicable to a recipient other than a private entity. DOL as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
I.Is determined to have violated an applicable prohibition in paragraph a(I) of this grant award term; or
II.Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a(I) of this grant award term through conduct that is either—
(A). Associated with performance under this award; or
(B). Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by our agency at 29 CFR Part 98.
c. Provisions applicable to any recipient.

I.The award recipient must inform DOL immediately of any information the award recipient receives from any source alleging a violation of a prohibition in paragraph a.1 of this grant award term.

II.DOL’s right to terminate unilaterally that is described in paragraph a.II or b of this section:
(A). Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(B). Is in addition to all other remedies for noncompliance that are available to DOL under this grant award.
30 III.The award recipient must include the requirements of paragraph a) I. of this award term in any subaward the award recipient make to a private entity.
d. Definitions. For purposes of this award term:

I.“Employee” means either:
(A). An individual employed by the grant award recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(B). Another person engaged in the performance of the project or program under this grant award and not compensated by the grant recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

II.“Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

III.“Private entity”:
(A). Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
(B). Includes:
i. A nonprofit organization, including any nonprofit
institution of higher education, hospital, or tribal
organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
ii. A for-profit organization.

IV.“Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

G(4.) Health Benefits Coverage for Contraceptives
Federal funds may not be used to enter in to or renew a contract which includes a provision for prescription drug coverage unless the contract also includes a provision for contraceptive coverage. This requirement does not apply to contracts with 1) the religious plans Personal Care’s HMO and OSF Health Plans, Inc. and 2) any existing or future plan if the carrier for the plan objects to such coverage on the basis of religious beliefs.

In implementing this section, any plan that enters into or renews a contract may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individuals’ religious beliefs or moral convictions. Nothing in this term shall be construed to require coverage of abortion or abortion related services. 31 G(5.) Health Benefits Coverage for Abortions Restricted Pursuant to P.L. 117-328, Division H, Title V, Section 506 and 507, Federal funds may not be expended for health benefits coverage that includes coverage of abortions, except when the pregnancy is the result of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself that would, as certified by a physician, place the women in danger of death unless an abortion is performed. This restriction does not prohibit any non-Federal entity from providing health benefits coverage for abortions when all funds for that specific benefit do not come from a Federal source. Additionally, no funds made available through this grant award may be provided to a State or local government if such government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.

G(6.) Fair Labor Standards Act Amendment for Major Disasters Pursuant to P.L. 117-328, Division H, Title I, Section 108, the Fair Labor Standards Act of 1938 (FLSA) will apply as if the following language was added to Section 7 (the Maximum Hours Worked Section). This language specifically relates to occurrences of a major disaster (as declared or designated by the state or federal government) and are applied for a period of two years afterwards. The language is as follows:

“(s)(1) The provisions of this section [maximum hours worked] shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (B) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts;
(C) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following:
(i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians;
(ii) inspecting property damage or reviewing factual information to prepare damage estimates;
(iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims;
(iv) negotiating settlements; or
(v) making recommendations regarding litigation.
(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1) [of the FLSA].
(3) For purposes of this subsection—
32 (A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term ‘employee employed to adjust or evaluate claims resulting from or relating to such major disaster’ means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and
(C) the term ‘affiliate’ means a company that, by reason of ownership or control of 25% or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.” G(7.) Blocking Pornography Required
Pursuant to P.L. 117-328, Division H, Title V, Section 520, no Federal funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

G(8.) Privacy Act
No funds can be used in contravention of 5 U.S.C. 552a (the Privacy Act) or regulations implementing the Privacy Act.

G(9.) Procuring Goods Obtained Through Child Labor Prohibited Pursuant to P.L. 117-328, Division H, Title I, Section 103, no Federal funds may be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries identified by the DOL prior to December 29, 2022. DOL has identified these goods and services at ILAB’s
List of Products Produced by Forced or
Indentured Child Labor webpage.

G(10.) Promotion of Drug Legalization Restricted
Pursuant to P.L. 117-328, Division H, Title V, Section 509, no Federal funds shall be used for any activity that promotes the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications or where there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 33 G(11.) Public Communications – Certain Information Requirement Pursuant to P.L. 117-328, Division H, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all non-Federal entities receiving Federal funds shall clearly state:
1) The percentage of the total costs of the program or project which will be financed with Federal money;
2) The dollar amount of Federal funds for the project or program; and 3) The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

The requirements of this term are separate from those in 2 CFR Part 200 and, when applicable, both must be complied with.

G(12.) Purchase of Sterile Needles or Syringes Restricted Pursuant to P.L. 117-328, Division H, Title V, Section 526, no Federal funds shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug. This limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law.

G(13.) Restrictions Against the Creation or Research of Embryos Pursuant to P.L. 117-328, Division H, Title V, Section 508, no Federal funds shall be used for (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). For purposes of this section, the term “human embryo or embryos” includes any organism, not protected as a human subjected under 45 CFR 46 as of December 29, 2022, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.