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DINAP Notice of Intent Frequently Asked Questions

Questions:

Section I. Funding Opportunity Description:

Q:  Page 75643 of SGA - Where can I find information about the Common Measures mentioned in the SGA?

A: The Training and Employment Guidance Letter 15-03 which address the Common Measures can be accessed on the DOL website at: http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=1535

Q:  Note on Reauthorization Page 75643 - If the WIA legislation is in the process of reauthorization, and we are designated before WIA is reauthorized, will we be required to comply with changes that may be approved after the legislation is reauthorized?

A: Yes, so long as those changes are applicable to the section 166 program, and are scheduled to begin immediately, or at the beginning of the second year of the PY 2004-2005 designation period. Further guidance will be provided to all designated/funded entities if applicable.

Section II. Award Information:

Q:  Assuming we're designated, how soon will we know how much money we're going to get for PY 2004?

A: We cannot run our funding formula(s) using either 1990 or 2000 Census data because the Department of Labor does not yet have an appropriation from Congress for Fiscal Year 2004 (which would include PY 2004 funds). Until either a separate DOL/HHS/ED appropriations bill is passed, or the Omnibus Appropriations bill is signed, or we're definitely on a Continuing Resolution for the remainder of FY 2004, we will not be able to determine funding amounts for either the SYS or CS programs.

Q:  Our organization (tribe, private non-profit, etc.) is not a current WIA grantee. If we were to apply for a grant under this SGA, how much funding could we expect to receive and would it be sufficient to meet the eligibility requirements at 20 CFR 668.200(c)?

A: The details of the section 166 funding formula(s) can be found at 20 CFR 668.296 for the Comprehensive Services program and 668.440 for the Supplemental Youth Services funds. At this time, we will be basing designation on the 1990 Decennial Census, because we have only recently received 2000 Census data and do not have time to adapt it to the needs of the designation process. Census data for specific counties and reservation areas can be obtained from Greg Gross at (202) 693-3752. However, it should be noted that if a tribe or Indian-controlled private non-profit is not currently a WIA section 166 grantee, it may be because the entity is too small, population-wise, to qualify for a separate section 166 grant.

Q:  We have recently obtained status as a Federally-recognized tribe. Are we entitled to our own grant?

A: No. The WIA section 166 program is not an entitlement program, either to tribes or to individual Native Americans. While it is true that Federally-recognized tribes have designation priority over their own reservation area(s), this fact does not entitle them to any minimum funding level under section 166. If entities applying under this SGA do not meet the minimum funding thresholds outlined at 20 CFR 668.200(c), they will not be designated.

Q:  Can we get WIA section 166 funding based on our real poverty levels/need as reflected in the most recent BIA data?

A: No. The WIA section 166 program is formula-funded, predicated on unemployment and poverty numbers for Indians and Native Americans nationwide. Therefore, by law [WIA section 182(a)], we must use "the most recent satisfactory data from the Bureau of the Census" to determine individual grantee allotments. Regardless of the accuracy of BIA data, it is only collected for tribes and reservations or ANCSA Native Areas. We cannot use BIA data, because the section 166 program also funds private non-profit Indian-controlled organizations (i.e., "urbans").

Section III. Eligibility Information:

Q:  Under III. Eligibility Information, the definition for Service Area states: "Grantees must ensure that all eligible population members have equitable access to employment and training services within their designated service area. See 20 CFR 668.650(a)." Does this mean that we cannot give exclusive priority to our tribal members?

A: All entities designated as a DOL-WIA grantee and awarded a grant are required to ensure that all eligible persons residing in their designated area of service are provided an equal opportunity to apply for services. Grantees may implement a priority system for services, and should clearly state so in their approved plan. However, application for and enrollment in the section 166 program cannot be based exclusively on a grantee's own tribal membership or enrollment, unless specifically authorized by the Grant Officer.

Q:  We are a newly Federally-recognized (or restored) tribe with a (Congressionally-mandated, BIA/IHS designated) service area, but no reservation. Can we still be designated under WIA section 166? And what kind of priority will we have, if any?

A: Since you do not have a reservation, and therefore no Census data applicable to it, you would have to compete on an equal basis with an existing section 166 grantee for all counties for which you are applying. The fact that you are a Federally-recognized tribe would, in this case, have no bearing on the resultant competition - your tribe would be considered as hierarchically equal to the incumbent grantee, regardless of its nature.

Q:  The SGA refers to submitting a separate Notice of Intent for "each non-contiguous geographic area for which (they) seek designation." Does this mean we have to submit two NOI's if we serve (or seek to serve) counties/reservations, etc. in neighboring States?

A: No. The requirement only applies to entities seeking to serve areas NOT near or next to their current or proposed service area(s). An example is the case of the California Indian Manpower Consortium located in Sacramento providing services to the State of Illinois. However, in the case of entities serving contiguous areas in adjoining States, no separate NOI is necessary for each State.

Q:  We are a group of small tribes currently served by a much larger consortium. Can we band together to form our own consortium in just our county? If so, how much money could we expect? Can a non-Indian entity be part of that consortium?

A: Consortia can be formed at will for the purpose of WIA section 166 designation, especially consortia of Federally-recognized tribes. However, any such consortium must conform to the general requirements for consortia found at 20 CFR 668.200. A specific consortium may contain a "non-Indian controlled" member, as long as the consortium as a whole is determined to be "Indian controlled" by DOL. Because DOL doesn't yet have an appropriation for FY/PY 2004, and because we haven't yet decided which Census data we will use to power the PY 2004 funding formula(s), no accurate estimate of potential section 166 resources is possible at this time.

Section IV. Application and Submission Information:

Q: We submitted an NOI package prior to the 12/31/03 Federal Register publication using the old SF 424 (A. (i) SF 424). Do we need to submit another package using the new SF 424 referred to and included in the Federal Register notice?

A: Although it is preferable that the new SF 424 be submitted with this Notice of Intent, previous versions of the SF 424 are still usable. However, if an old SF 424 was used, it should contain the DUNS number somewhere on the form, and that DUNS number must be readily identified as such. If this is not the case in the entities' original submission, then a new NOI must be submitted using the new form.

Q:  Our Board/Tribal Council will not meet before the 1/30/04 deadline and they will not let us submit the NOI without a resolution? Can we request an extension to the 1/30/04 due date?

A: No. Due to the competitiveness of this program and the relatively short time for completion of the designation process, including any allowable competition which may arise, an extension to the due date can not be granted.

Q:  Our Board/Tribal Council will not meet before the 1/30/04 deadline. Can we send our Resolution in after it is approved and after we submit our package?

A: A resolution is not required as part of DOL's NOI application, therefore, an application can be considered if the tribe or organization has submitted a signed SF 424. However, if the Board or Tribal Council will not permit the Chief Executive Official to affix their signature to a cover letter or SF 424, then the unsigned application cannot be considered. Submission of a signed document postmarked after the deadline of 1:00 pm EST on January 30, 2004, will not be considered.

Q:  Will our NOI package be considered without a DUNS (Data Universal Number System) number?

A: No. All applicants for federal funding must have a DUNS number. We urge all applicants to check with the tribe's or organization's contracts/grants office or finance office to make sure that they don't already have an existing DUNS number. If you already have a DUNS number or requested or had one assigned to you for another purpose, you should use that number on all of your applications. It is not necessary to request another DUNS number from Dunn and Bradstreet (R&B). You may request D&B to supply a family-tree report of the DUNS numbers associated with your organization. Organizations should work with D&B to ensure the right information is on the report. Organizations should not establish new numbers, but use existing numbers and update/validate the information associated with the number.

Q:  We used the website listed in the SGA to apply for a DUNS number but were told it will take 30 days to get a number issued. Can we submit the NOI without a number and attach our registration form to show we applied for a number?

A: No, a DUNS number must be included on the SF 424. If you are not sure if you have a DUNS number, call D&B using the toll-free number, 1-866-705-5711 and indicate that you are a Federal grant applicant/prospective applicant. D&B will tell you if you already have a number. If you do not have a DUNS number, D&B will ask you to provide the information listed below and will immediately assign you a number, free of charge. Review the following information on applying for a DUNS number which is quoted from the OMB website: http://www.whitehouse.gov/omb/grants/grants_forms.html

Q:  SF 424 - What do we enter for no. 14 - "Congressional District of:", and where can I find this information?

A: The number of the legislative district(s) in which the grantee is located and where the program will be implemented is entered on this line. You may want to check with the Chief Executive Officer of your organization to see if they have the number for the congressional districts in which the grant will be administered.

Q:  SF 424 - What do we enter as Estimated Funding under #15 of the SF 424?

A: This section can be left blank. Incumbent applicants can enter their PY 2003 obligation.

Section IV. A. Notice of Intent - Part A Requirements:

Q:  Regarding identification of the applicants legal status (A. ii) - if the applicant is a Federally Recognized Tribe, do we need to submit articles of incorporation, or the constitution?

A: A statement that you are a Federally-recognized tribe is sufficient.

Q:  Item 6(d) requests a two-year history of publicly-funded grants and contracts (with fund source and contact person). Do you want a list of ALL the grants and contracts, or just those dealing with employment and training?

A: You can provide a statement that you are a Federally-recognized tribe serving its own reservation and surrounding counties, and that you are currently designated as a WIA grantee. New applicants (i.e., non-incumbent applicants) will need to provide a brief synopsis of their employment and training experience or, if none, provide a history of other applicable Federal/State grant and/or contract experience (Child Care, LIHEAP, SEDS, NAHASDA, etc.).

Q:  What is meant by the Department's debt management procedures for IV.A.vi.a.? Does this refer to DOL's procedures or our Finance Department?

A: This pertains to the Department of Labor's procedures and any debt that has been established or is currently being negotiated by your organization.

Q:  What are DOL's debt management procedures? If the tribe has no debt, is it therefore in compliance? Does the tribe or organization just state that it is in compliance?

A: The two possible answers are: (a) that you don't owe DOL any money, or (b) that you are complying with (or possibly negotiating) a repayment agreement. either answer indicates compliance with DOL's debt management procedures

Q:  How far back do we have to go in our statement on fraud or criminal activity for IV.A.vi.(b)?

A: A minimum of four years will suffice; in other words, to the beginning of the WIA program.

Q:  What is required under Part A Requirements, (vii) The assurances required by 29 CFR 37.20?

A: An applicant can submit the following statement as part of the grant application:

The (insert name of applicant) will fully comply with all requirements specified at 29 CFR 37.20, which provides for the Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998; Final Rule.

If you need more information regarding the certifications and assurances required by 29 CFR 37.20, you can access the Federal Register main page at: http://www.gpoaccess.gov/fr/index.html Scroll down to the section - 1994 (Volume 59) through 2004 (Volume 69) and change the year to 1999 then click on the GO button. Scroll down to November 12, 1999 and click on that date. When the next screen opens, scroll down to Labor Department and select either a text or PDF version of the "Workforce Investment Act of 1998; implementation of nondiscrimination and equal opportunity provisions, 61692-61738 [FR Doc. 99-28202]". Section 37.20 can be found on page 61726.

Q:  Where can we get find the CFRs listed under section VI. Award Administration Information?

A: Access the Code of Federal Regulations at: http://www.access.gpo.gov/nara/cfr/cfr-table-search.html Scroll down the page and locate the specific CFR Title number, then check the 2003 box and click on the Continue button to view a listing of all Parts under this title.

Q:  Can we have a DINAP Federal Project Officer review our NOI before submitting it to DC?

A: No. Due to the competitive process this is not permitted. All applicants who may have a specific question on completing Part A are to contact Mr. Greg Gross, DINAP Program Analyst at 202-693-3752, or by e-mail at gross.gregory@dol.gov.

Q:  As an incumbent grantee, why doesn't the information we received on our geographical area include the 2000 Census Data?

A: The Department just received the finalized 2000 Census data, and therefore could not have included this information in the listing issued to incumbent grantees. We hope to have the 2000 Census data arranged in useable form at a later date, and use it to determine the PY 2004 funding level for designated grantees.

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