Workforce Innovation & Opportunity Act

Frequently Asked Questions

Please note that these FAQs supplement existing guidance (see TEGL 16-16 One-Stop Operations Guidance for the American Job Center Network (AJC) and TEGL 17-16 Infrastructure Funding of the One-Stop Delivery System) and do not make new policy.

While the FAQs are targeted to both United States Department of Agriculture (USDA) Forest Service* and contractor-operated Job Corps centers as One-Stop partners, the requirements described below generally apply to all required partners. As local areas work to reach consensus among required WIOA partners regarding the Infrastructure Funding Agreement by January 1, 2018, ETA wants to provide assurance that we intend to work with states and local areas to resolve any issues faced in reaching agreement over time. We recognize that progress relies on cooperation and collaboration among parties at the local level. We applaud those local areas that have taken advantage of the new approach required through WIOA to build partnerships and establish trust, recognizing that establishing the benefit of services to all partners over time is important.

    Job Corps Required Partner Entity

  1. What are the benefits to Job Corps centers of partnering with the AJC Network?
  2. Which entity is the required Job Corps One-Stop partner in a local area?
  3. Can Job Corps' Outreach and Admissions or Career Transition Services contractors also serve as the required Job Corps One-Stop partner?
  4. In local areas where there are no Job Corps centers, which entity is the required One-Stop partner?
  5. Which Job Corps Center is required to partner with the local One-Stop and contribute to costs when there are multiple Job Corps centers in a local area?
  6. Partner Roles and Responsibilities in the One-Stop/AJC

  7. What are the roles and responsibilities of the required partners?
  8. What are career services?
  9. As a required partner in the One-Stop delivery system, how can Job Corps ensure access to its programs and activities is provided through the AJC network?
  10. What is the MOU?
  11. How does Job Corps ensure that its program is integrated into the One-Stop network?
  12. One-Stop Operating Costs

  13. Is Job Corps required to contribute to the One-Stop Operating costs?
  14. Should the Job Corps center operator be involved in the negotiations of the One-Stop Operating Budget?
  15. What costs are included in the One-Stop Operating Costs/Budget?
  16. What are infrastructure costs?
  17. What is the Infrastructure Funding Agreement?
  18. Where can center operators find additional information on the WIOA One-Stop system/AJC network partnership process?

Job Corps Required Partner Entity

1. What are the benefits to Job Corps centers of partnering with the AJC Network?

Job Corps provides young people with the skills they need to lead to successful careers that will result in economic self-sufficiency and opportunities for advancement. Partnering with the AJC network can help Job Corps achieve those objectives. For example, the AJCs can provide:

  • Referrals to Job Corps from other programs that serve similar populations
  • Labor exchange services, such as:
    • job search and placement assistance
    • job search and placement assistance
    • information on non-traditional employment
  • Short-term pre-vocational services that address:
    • interviewing skills
    • punctuality
    • personal maintenance
    • professional conduct preparation

This list is not exhaustive, but reflects some of the primary advantages that stem from partnering in an integrated American Job Center network (see TEGL 16-16 One-Stop Operations Guidance for the American Job Center Network for additional information).

December 21, 2017

2. Which entity is the required Job Corps One-Stop partner in a local area?

Section 121(b)(1)(B)(i) of the Workforce Innovation and Opportunity Act (WIOA) includes the Job Corps program as a required partner in the One-Stop delivery system. The WIOA Joint Final Rule at 20 CFR § 678.415(d) specifically identifies the Job Corps center as the entity that serves as the required One-Stop partner. Therefore, the Job Corps center operator is the required partner in the local area in which the Job Corps center is located.

December 21, 2017

3. Can Job Corps' Outreach and Admissions or Career Transition Services contractors also serve as the required Job Corps One-Stop partner?

No. Outreach and Admissions (OA) and Career Transition Services (CTS) contractors may not serve as the required One-Stop partner. However, as provided at 20 CFR § 678.410(b)(6), OA and CTS contractors that participate in the delivery of services in a local area may serve as 'additional' partners in the One-Stop delivery system if the Local Workforce Development Board (LWDB) and the chief elected official (CEO) approve the contractor's participation. In addition, the Office of Job Corps will support and encourage OA and CTS providers' participation in the One-Stop delivery system network, where appropriate.

December 21, 2017

4. In local areas where there are no Job Corps centers, which entity is the required One-Stop partner?

If there is no Job Corps center located in a local area, then there will be no required partner representing the Job Corps program in that area; however, if there is an OA or CTS provider in the local area, they may participate in the local delivery system as 'additional' partners, with the approval of the LWDB and CEO. In addition, the Office of Job Corps will support and encourages OA and CTS providers' participation in the One-Stop delivery system network, where appropriate.

December 21, 2017

5. Which Job Corps Center is required to partner with the local One-Stop and contribute to costs when there are multiple Job Corps centers in a local area?

When there are multiple Job Corps centers in a local area, the operators of all those Job Corps centers are required One-Stop partners.

December 21, 2017

Job Corps Required Partner Entity

6. What are the roles and responsibilities of the required partners?

The roles and responsibilities of the required One-Stop partners are stated in 20 CFR § 678.420. Each required One-Stop partner program must:

  • Use a portion of its funds to provide applicable career services and work collaboratively with the state and LWDBs to establish and maintain the one-stop delivery system; including jointly funding the One-Stop infrastructure costs through partner contributions;
  • Provide access to its programs or activities through the AJC network;
  • Enter into a Memorandum of Understanding (MOU) with the LWDB relating to the operation of the AJC network;
  • Participate in the operation of the AJC network consistent with the terms of the MOU, requirements of authorizing laws and implementing regulations, Federal cost principles, and all other applicable legal requirements;
  • Provide representation on the state workforce development board and local boards as required, and participate in board committees, as needed.

December 21, 2017

7. What are career services?

Career services are defined under WIOA Sec. 134(c)(2) and 20 CFR 678.430. They include but are not limited to, activities such as: outreach and intake; initial assessment of skill levels; English language acquisition, job search and placement assistance, provision of labor market information on in-demand jobs and earnings, skills needed, and opportunities for advancement; group and individual counseling; financial literacy services, out-of- area job search and relocation assistance, etc.

December 21, 2017

8. As a required partner in the One-Stop delivery system, how can Job Corps ensure access to its programs and activities is provided through the AJC network?

For dispersed programs such as Job Corps, on-site provision of services might not always be feasible. Therefore, services may be provided through access to One-Stop partner programs and activities. Access to services may be delivered in one of three ways:

  • Option 1. Having a program staff member physically present at the AJC
  • Option 2. Having a staff member from a different partner program physically present at the AJC and appropriately trained to provide information to customers about the programs, services, and activities available through all partner programs; or
  • Option 3. Making available a direct linkage through technology to a program staff member who can provide meaningful information or services.

For example, providing access to Job Corps services through Option 2 can be achieved by having appropriately cross-trained staff from a different program, such as the Wagner-Peyser Employment Service (ES) program, provide basic program information to a One-Stop customer about Job Corps. In this example, the partner staff member is trained by someone from the Job Corps program on basic eligibility requirements, as well as how to access and complete an application. Once the application is completed, the partner staff member connects the customer to a Job Corps representative who can further assist the customer through the enrollment process. It would be essential that the Wagner-Peyser Act ES staff person providing information about Job Corps document his or her time and effort to ensure that the charges made to the appropriate program, namely Job Corps, for salaries and wages are based on records that accurately reflect the work performed.

December 21, 2017

9. What is the MOU?

The MOU is an agreement developed and executed by the LWDB and the One-Stop partners, with the agreement of the CEO, relating to the operation of the One-Stop delivery system. It is the product of local discussion and negotiation and must, at a minimum, contain the elements outlined in section 121(c) of WIOA and 20 CFR 678.500 of the WIOA Joint Final Rule. As stated in the response to question # 5, one of the responsibilities of a required partner is to enter into the MOU with the LWDB regarding the operation of the One-Stop. Key elements that must be included in the MOU include an Infrastructure Funding Agreement (IFA), which in addition to the description of the services provided through the AJC, describes how the costs of services provided by the One-Stop system and the operating costs of such system will be funded, which includes the infrastructure costs (WIOA sec. 121(c)(2)(A) and 20 CFR 678.500(b), 34 CFR 361.500(b), and 34 CFR 463.500(b)).

December 21, 2017

10. How does Job Corps ensure that its program is integrated into the One-Stop network?

To ensure the successful integration and implementation of partner programs in the One-Stops, the Employment and Training Administration (ETA) expects LWDBs and One-Stop partners in local areas to work together, using a collaborative and good-faith approach in negotiating and developing an MOU among the partners that demonstrates the spirit and intent of WIOA. All One-Stop partners that are parties to the MOU should be involved in developing the MOU content. If a partner has not been included in the MOU's development, then any of those One-Stop partners, including Job Corps, should reach out to the LWDB chairperson or the One-Stop operator directly. If attempts to become involved are not successful, the Job Corps center Operator should raise that to the attention of the appropriate Job Corps Regional Office.

December 21, 2017

Job Corps Required Partner Entity

11. Is Job Corps required to contribute to the One-Stop Operating costs?

Yes. As a required partner, the Job Corps center operator must, in addition to providing access to the Job Corps program, contribute to the operating costs of the One-Stop system. These contributions may be provided via cash, non-cash, or third-party in-kind payments (see FAQ #16 below). The One-Stop Operating costs, as specifically identified in WIOA and fully described in the IFA, consist of the following: infrastructure costs, which are defined in WIOA sec. 121(h)(4); and additional costs, which must include applicable career services and may include shared operating costs and shared services that are related to the operation of the One-Stop delivery system, but do not constitute infrastructure costs. These additional costs are described in WIOA sec. 121(i), and in and 20 CFR 678.500(b).

All One-Stop partners, whether they are required partners or additional partners, must contribute to the costs of operating a One-Stop delivery system based on proportionate use and relative benefits received by that partner. Therefore, when a Job Corps OA or CTS contractor is an additional partner within the One-Stop delivery system as approved by the LWDB and CEO, that OA or CTS contractor is required to contribute towards the infrastructure costs and additional costs of operating a local One-Stop center.

Job Corps may also agree to contribute to other additional shared operating or service costs, provided these contributions do not result in payments for services already being provided by another Job Corps contractor at the One-Stop, such as those provided by OA or CTS contractors, several of which have had relationships with One-Stop Centers for some time. All Job Corps funds used to cover the operating costs of the One-Stop delivery system must be based on the Job Corps center operator's proportionate use of the system, relative benefit received, and must be allowable under the Job Corps center operator's contract.

December 21, 2017

12. Should the Job Corps center operator be involved in the negotiations of the One-Stop Operating Budget?

Yes. Since each local One-Stop delivery system is unique and presents a different set of circumstances within which costs are allocated, all partners are expected to be involved in the negotiation of how One-Stop costs will be allocated among the partners based on proportionate use and relative benefit. Negotiations must be conducted in good faith and in an open and transparent environment. Training and Employment Guidance Letter (TEGL) 17-16 Infrastructure Funding of the One-Stop Delivery System (see FAQ # 16 below) provides examples of cost pools and possible allocation bases; however, the specific methods used to allocate costs among the One-Stop partners are not prescribed.

December 21, 2017

13. What costs are included in the One-Stop Operating Costs/Budget?

One-Stop Operating costs are made up of:

  • infrastructure costs
  • applicable career services and;
  • may also include additional shared operating or services costs.

December 21, 2017

14. What are infrastructure costs?

Infrastructure costs are components of the One-Stop Center Operating budget of AJCs and are defined as non-personnel costs that are necessary for the general operation of the One-Stop center. These may include but are not limited to: rental of the facilities, utilities and maintenance, equipment (including assessment-related and assistive technology for individuals with disabilities); and technology to facilitate access to the One-Stop center, including technology used for the center's planning and outreach activities.

December 21, 2017

15. What is the Infrastructure Funding Agreement?

The Infrastructure Funding Agreement (IFA) contains the infrastructure cost budget, which is an integral component of the overall One-Stop operating budget; however, only infrastructure costs are recognized in the IFA. IFAs are a mandatory component of the local MOU, described in WIOA sec. 121(c) and 20 CFR 678.500 and 678.755. Local MOUs, which included the IFA were due to be in place by July 1, 2017. For PY 2017, the Department, using its transition authority, extended the implementation date for final IFAs to January 1, 2018, or to an earlier date specified by the Governor. This extension is provided to allow local areas additional time to negotiate and reach consensus on one-stop partner infrastructure funding contributions in PY 2017.

For subsequent program years, the IFA, a component of the MOU, will be completed and signed concurrently with the MOU. Prior to providing their final agreement with a negotiated IFA, Job Corps center operators must submit the IFA to the appropriate Office of Job Corps Regional Director for review. Within 30 calendar days of receiving the IFA, the Regional Director will provide the operator with feedback as needed, and will return the IFA to the operator. However, it is ultimately the operator's responsibility to ensure that all costs agreed to in the IFA are allowable costs under the operator's contract. Regardless of the Regional Director's feedback, the relevant Contracting Officer retains all authority to disallow such costs.

December 21, 2017

16. Where can center operators find additional information on the WIOA One-Stop system/AJC network partnership process?

For more information on One-Stop operations, please see TEGL 16-16 One-Stop Operations Guidance for the American Job Center Network. For additional information on infrastructure costs, please see TEGL 17-16 Infrastructure Funding of the One-Stop Delivery System . Any questions regarding the process and its specific relevance to Job Corps should be directed to the appropriate Job Corps Regional Director. Below are links to additional technical assistance resources to aid in determining appropriate infrastructure costs.

Sample MOU and Infrastructure Costs Toolkit: May be used as a technical assistance tool when developing a MOU, includes one-stop operating budget, Infrastructure Funding Agreement (IFA), and cost allocation methodologies, pursuant to the requirements of section 121 of WIOA, its implementing regulations at 20 CFR part 678, and the relevant guidance.

https://ion.workforcegps.org/resources/2017/03/23/13/30/Sample_MOU_Infrastructure_Costs_Toolkit

TEGL 17-16: Attachment II: Paying for the One-Stop Delivery System: This attachment includes the three funding types allowable for making infrastructure costs: Cash, Non-Cash, and Third-Party In-Kind Contributions.

https://wdr.doleta.gov/directives/attach/TEGL/TEGL_17-16_Attachment_II.pdf

December 21, 2017

1. How will States send their WIOA performance accountability data to the Department of Labor?

The Department has built the Workforce Integrated Performance System (WIPS), an information technology system that accepts State and grantee performance reporting data, generates quarterly and annual performance accountability reports from that data, and provides the platform for States and grantees to certify their reports. WIOA States and titles I and III grantees are required to submit the first year of annual participant data for Program Year 2016 (July 1, 2016 to June 30, 2017) on or before October 16, 2017, through WIPS.

September 6, 2017

2. Are any changes expected to WIPS?

During summer 2017, ETA has implemented a round of upgrades to the system to enhance user experience and make important refinements. Specifically, the August 4, 2017, release of WIPS updates focused on improving data quality, consisting mostly of new edit checks and updated logical validations. No file format change is expected through these WIPS updates, until any new or revised data elements are approved through the information collection process. This system will continue to be enhanced and improved over time.

September 6, 2017

3. Where can technical users find additional information on WIPS?

WIPS users with technical questions may contact the ETA WIPS User Resource Library Information Page located at: https://doleta.gov/performance/wips/. This site provides instructions and updates to WIPS as well as all required report templates, including the Participant Individual Record Layout (PIRL), which includes all the required data elements.

September 6, 2017

4. Are States expected to collect and report on the data elements proposed in the amended WIOA Common Performance Reporting ICR, published in January 2017?

None of the changes proposed in the amended WIOA Common Performance Reporting ICR will be incorporated into the WIPS until after the information collection request has been approved by the OMB. Any changes will be finalized after the Program Year 2016 reporting period. States should continue to follow the current reporting specifications, which may be found at https://www.doleta.gov/performance.

September 6, 2017

5. Are States still expected to report their WIOA performance accountability data at the end of the Program Year 2016?

States must submit their WIOA titles I and III annual performance report to the Department of Labor on or before October 16, 2017. ETA acknowledges that there will be few outcomes on this report; however, the information on participants served, their characteristics and services they received must be submitted and will be useful for program analysis.

September 6, 2017

6. Are Eligible Training Provider (ETP) reports due for PY 2016?

Since outcomes will not yet be available, and since some of the data elements and reporting format for the ETP report have not yet been finalized, States are not required to submit ETP information until further notified.

September 6, 2017

7. When will SWIS data sharing agreements be in place?

A new State Wage Interchange System (SWIS) is being developed to facilitate the exchange of wage data among participating States for the purpose of assessing and reporting on State and local performance for the programs authorized under WIOA, and other statutory provisions authorized programs identified as one-stop partners under WIOA, and for other purposes allowed under law. The Departments are reconciling input from states on the draft SWIS data sharing agreement; currently the Departments are analyzing the comments, and will make any necessary revisions before sending the data sharing agreement to the States for another review. A second State comment period is planned prior to the data sharing agreement being sent to States for their signature.

The Wage Record Interchange System (WRIS) and WRIS2 data sharing agreements remain in effect until each is terminated, according to the provisions of each agreement. The Departments do not anticipate that the WRIS or WRIS2 data sharing agreements will be terminated until after the SWIS is executed and effective. The drafting of SWIS involves joint renegotiation between the Departments as well as between Federal representatives and State signatories.

September 6, 2017

8. What is the current status of FEDES?

FEDES facilitates the exchange of federal employment information for the purposes of verifying performance outcomes, using federal employment data not otherwise available through the state wage records generally used for grantee reporting. ETA will suspend FEDES beginning January 2018 to assess its structure, costs and benefits to States. ETA is planning to have discussions with States, Federal partners, and other stakeholders, about FEDES, and will provide further information as next steps are determined.

September 6, 2017

9. How will the reassessment of FEDES impact program reporting?

States currently participating in FEDES will be able to query the FEDES for federal wage information through November 2017, which will cover Program Year 2016 reporting.

September 6, 2017

10. Describe the pilot for the Effectiveness in Serving Employers indicator of performance.

As part of an all-state pilot for this indicator, States must select two of three approaches described in the WIOA joint regulations to measure WIOA "core programs" Effectiveness in Serving Employers. States may also develop, at the Governor's discretion, an additional State-specific approach. The three approaches are:

  • Approach 1 - Retention with the same employer - addresses the programs' efforts to provide employers with skilled workers who remain employed with the same employer for at least 12 months;
  • Approach 2 - Repeat Business Customers - addresses the programs' efforts to provide quality engagement and services to employers and sectors and establish productive relationships with employers and sectors over extended periods of time; and
  • Approach 3 - Employer Penetration Rate - addresses the programs' efforts to provide quality engagement and services to all employers and sectors within a State and local economy.

The pilot for this indicator began on July 1, 2016. However, due to the timing of available data under such definitions, the Departments understand that complete data will not be available for reporting in October 2017. States will begin reporting outcomes on this indicator in October 2018. The Department of Labor will conduct an evaluation of the pilot period, beginning fall 2017.

September 6, 2017

11. When selecting two of the three approaches (i.e., Retention with the Same Employer, Repeat Business Customers, and Employer Penetration rate) for the pilot, are States able to switch approaches along the way, or do States have to use the same two approaches throughout the entire pilot?

States may change the approaches that they decide to report during the pilot period. If a State decides to switch to one of the approaches that require the State to analyze data from prior years such as Repeat Business Customer approach, the State would need to be able to report on the required data from the prior years (i.e., looking back to July 2016, although not prior to July 2016).

September 6, 2017

12. For the Effectiveness in Serving Employers indicator, how will States report to their respective federal agencies?

The Departments recommend that data for this indicator be submitted by one lead agency. All data for each of the core programs should be combined and reported to the Department of Labor or Education by the State as one set of data.

For titles I (State and locals) and III State, the State would decide on how the data are compiled and reported to the State. The Effectiveness of Serving Employers performance indicator will not be reported in the 2016 WIOA Annual Report. However, titles I and III should use the Report Certification/Additional Comments section of the ETA-9169 to indicate which two approaches are being used for the pilot by the State. Reporting in this manner should continue until the titles I and III WIOA annual report narrative has been approved; States would then report this information in that narrative.

September 6, 2017

13. How does WIOA strengthen performance accountability and transparency?

WIOA ensures that Federal investments in employment and training programs are accountable to job seekers, employers, customers, and tax payers. WIOA establishes common performance measures across the four core programs and also requires other programs authorized by the Act to report on the same indicators. In addition, WIOA requires the establishment of primary indicators on credential attainment and skills gain and on the effectiveness of services to employers. The Secretaries of Labor and Education are to develop a statistical adjustment model that will be used take into account the economic conditions and the characteristics of participants served in negotiating and determining the levels of performance applicable to the primary indicators. WIOA also requires states, localities, and eligible training providers to publish performance data using common templates developed by the Secretary of Labor and the Secretary of Education.

September 6, 2017

14. Do states and locals have to collect new performance information?

By and large, DOL's Employment and Training Administration's grantees already collect most of the performance data required by WIOA. However, the primary indicators of performance specify outcomes with respect to quarters after exit that are different from WIA. There are also some additional data elements that will be required such as credentials attainment, measurable skills gain, training-related costs and information regarding employer engagement. The Department will be issuing guidance and technical assistance related to these new elements.

September 6, 2017

1. What is the one-stop certification requirement?

The State WDB must establish objective criteria and procedures for the Local WDBs to use in evaluating the effectiveness, physical and programmatic accessibility, and continuous improvement of one-stop centers and the one-stop delivery network (20 CFR 678.800, 34 CFR 361.800, and 34 CFR 463.800). The State WDB must review and update the criteria and procedures every two years, in conjunction with review and modification of the State Plans. The Local WDBs must follow the State WDB's criteria and procedures (though Local WDBs are free to establish higher standards or additional criteria) to evaluate their one-stop centers and one-stop delivery network at least once every three years.

As part of that assessment, the local WDB must certify all comprehensive one-stop centers and affiliate one-stop centers within the local area for effectiveness, physical and programmatic accessibility, and continuous improvement, consistent with the statutorily required criteria of WIOA sec. 121(g)(2) and TEGL 16-16. The Department has defined physical accessibility and programmatic accessibility in the regulations implementing section 188 of WIOA, at 20 CFR 38.13.

May 4, 2017

2. What is a comprehensive one-stop center or an affiliate one-stop center?

A comprehensive one-stop center is a physical location where job seeker and employer customers can access the programs, services, and activities of all required one-stop partners (20 CFR 678.305(a)). An affiliate site, or affiliate one-stop center, is a site that makes available to job seeker and employer customers one or more of the one-stop partners' programs, services, and activities (20 CFR 678.310(a)).

Consistent with State policies, Local WDBs have a certain degree of discretion and flexibility to determine how to provide access to programs, services, and activities through the one-stop delivery system. The Local WDB, through the planning process, determines which centers will have the attributes of a comprehensive or of an affiliate center. Each local area must have at least one comprehensive one-stop center, but the plan may provide for more than one comprehensive one-stop center to fit the needs of the local area. In addition, the plan may provide for affiliate one-stop centers to supplement the comprehensive one stop-center(s) within a local area, or for a network of program partners or specialized centers to additionally supplement the services available. The design of the local area's one-stop delivery system must be described in the Memorandum of Understanding (MOU) executed with the one-stop partners (20 CFR 678.300(f), 34 CFR 361.300(f), and 34 CFR 463.300(f)).

May 4, 2017

3. Do local boards have to certify every standalone adult basic education (ABE) office and vocational rehabilitation (VR) office in their area?

No. Only those ABE offices and VR offices that are designated by the local board as comprehensive or affiliate one-stop centers must be certified.

May 4, 2017

4. What is the deadline for certification of comprehensive one-stop centers and affiliate one-stop centers?

June 30, 2017 (i.e., the end of PY 2016) was established as the deadline for completion of the certification process, in guidance jointly issued by the Departments of Labor, Education, and Health and Human Services. (TEGL 16-16, One-Stop Operations Guidance for the American Job Center Network).

The Department reiterates that the requirement to establish certification standards and to certify one-stops was also directed in the WIOA statute, on July 22, 2014, as well as in the WIOA Joint Final Rules published August 19, 2016 (effective October 18, 2016). Certification is a prerequisite for one-stop centers to be eligible to receive infrastructure funding (WIOA sec. 121(g)(4)). As a reminder, infrastructure funding agreements must be in place no later than January 1, 2018. If one or more local boards in a state is not able to certify all of its comprehensive one-stop centers and affiliate one-stop centers by June 30, 2017, the state must submit to the Employment and Training Administration Regional Office by July 7, 2017, a list of centers not yet certified, explanation of why they are not yet certified, a plan with a timeline for how each local area that has uncertified centers will certify them, and a description of how the state will support local areas in doing this and hold them accountable for its completion.

May 4, 2017

1. Can a Local Board issue a Request for Proposal (RFP) or Invitation for Bid (IFB) that does not include any funding?

No. A local workforce development board (WDB) (or State WDB, in the case of single-area states) cannot issue a request for proposal (RFP) or invitation for bid (IFB) that includes no funding, or only includes nominal funding. An RFP or IFB with no funding or nominal funding will restrict competition and will result in either no responses or a limited number of responses from entities already receiving Title I funds. Such an RFP or IFB would violate the prohibition on noncompetitive pricing practices under 2 CFR 200.319(a) and 29 CFR 97.36(c)(1)(iii).

May 3, 2017

2. Can a fiscal agent bid to become a one-stop operator?

Yes, the same entity may be both designated as fiscal agent by the chief elected official (CEO) (or by the Governor, where the Governor serves as the local grant recipient for a local area) and bid for, and be selected by the local WDB (or State WDB, in single-area states) as, the OSO. In the case where the same entity functions as both the fiscal agent and as the OSO, the entity must enter a written agreement with the local WDB and the CEO clarifying how the entity will perform these functions consistent with the requirements of WIOA, of relevant OMB circulars, and of the State's conflicts of interest policies, as required by 20 CFR 679.430. If a Local WDB selects a fiscal agent as an OSO, the contract or legal instrument must clearly delineate the role and functions of the entity serving as OSO from those as fiscal agent to avoid conflicts of interest from the entity performing both roles.

May 3, 2017

3. May a fiscal agent both procure (or otherwise have involvement with) a one-stop operator solicitation, and also bid on a one-stop operator contract?

No. The conflict of interest provisions outlined in TEGL No. 15-16 apply to all competitions to select an OSO. While in general, a local WDB can direct a fiscal agent to procure contracts, pursuant to 20 CFR 679.420(c)(1), a fiscal agent that has been directed to procure contracts for a OSO cannot also participate as a competitor (i.e., submit a bid or proposal) in the OSO competition. TEGL 15-16 requires that when a local WDB chooses to select an outside entity to conduct all or part of the one-stop operator competition, that the outside entity chosen must be an independent organization. A fiscal agent cannot be party to the development and drafting of a RFP/IFB if it intends to bid or submit a proposal to become the OSO.

May 3, 2017

4. What are the roles of and functions of the chief elected official, local fiscal agent, the one-stop operator and the local WDB?

Chief Elected Official: The CEO (or Governor, where the Governor serves as the local grant recipient for a local area) may designate a fiscal agent to assist in the administration of grant funds. If a fiscal agent is designated, the CEO must ensure its roles and responsibilities are clearly defined. The roles the CEO may designate to the fiscal agent generally include accounting and funds management functions, as listed in 20 CFR 679.420(b), rather than policy or service delivery (except that a fiscal agent may be a provider of youth workforce investment activities, pursuant to 20 CFR 681.400(a), as described more fully in TEGL No. 21-16).

Fiscal Agent: Fiscal agents have no independent authority under WIOA beyond what is granted to them by the CEO, or by the specific, limited direction of the local WDB (or State WDB) under 20 CFR 679.420(c). Furthermore, the CEO always retains liability for misuse of grant funds. In addition, fiscal agents cannot represent the Local WDB in any legal proceedings, and cannot appeal or assume the liability responsibilities of the local WDB. At no time can a fiscal agent usurp or take over the duties or functions of the Local Board.

One-Stop Operator: The OSO's role must, at a minimum, be to coordinate the service delivery of required one-stop partners and service providers, as set forth in 20 CFR 678.620(a). The OSO may also coordinate service providers or service delivery, and provide some services within a center or be the primary provider of services. The OSO is explicitly prohibited, in its role as OSO, from performing certain other functions, including particular functions related to developing and preparing a local plan, providing oversight over itself as OSO, managing or significantly participating in the OSO competition, selecting or terminating OSOs or providers of career services or youth services, negotiating local performance accountability measures, or developing or submitting a local WDB budget, as set forth in 20 CFR 678.620(b).

Local Workforce Development Board: The many functions of the local WDB are set forth in WIOA sec. 107(d) and 20 CFR 679.370. These include, but are not limited to, hiring staff, developing the local plan; conducting workforce research and regional labor market analysis; convening stakeholders in the local workforce development system; leading efforts to engage with regional employers; developing career pathways in conjunction with representatives of secondary and postsecondary education programs; selecting providers of youth activities, training services, career services, and OSOs, and conducting oversight of activities and uses of funds in conjunction with the CEO. Separately, a local WDB can direct a fiscal agent to undertake the functions set forth in 20 CFR 679.420(c)—procuring contracts or obtaining written agreements, conducting financial monitoring of service providers, and ensuring an independent audit of all employment and training programs—and can additionally determine, consistent with 20 CFR 681.400, that a fiscal agent will be the direct provider of some or all of the youth workforce investment activities.

May 3, 2017

5. May the staff to the Local Board or the administrative entity both procure (or otherwise have involvement with) a one-stop operator solicitation and also bid on a one-stop operator contract?

No. The conflict of interest provisions outlined in TEGL No. 15-16 apply to all competitions to select an OSO. While in general, a local WDB can direct an administrative entity, staff to the local WBD, and/or fiscal agent to procure contracts, pursuant to 20 CFR 679.420(c)(1), none of these entities that have been directed to procure contracts for a OSO can participate as a competitor (i.e., submit a bid or proposal) in the OSO competition. EGL 15-16 requires that when a local WDB chooses to select an outside entity to conduct all or part of the one-stop operator competition, that the outside entity chosen must be an independent organization. An administrative entity, staff to the local board, and/or fiscal agent cannot be party to the development and drafting of a RFP/IFB if it intends to bid or submit a proposal to become the OSO. It is strongly encouraged that the approval of any of the entities as an OSO be obtained from the CEO. Furthermore, in order to be eligible to bid on the OSO contract, the staff or administrative entity must be among the type of eligible entities to serve as OSOs as identified in 20 CFR 678.600(c).

May 3, 2017

1. What is the common identifier for the Workforce Innovation and Opportunity Act (WIOA)?

The Workforce Investment Opportunity Act (WIOA) requires the one-stop delivery system to adopt a common identifier, WIOA sec. 121(e)(4). Therefore, the Joint WIOA Final Rule (or, the regulations), established "American Job Center" as the common identifier and "a proud partner of the American Job Center network" as the tagline phrase, at 20 CFR § 678.900. Together, "American Job Center" and "a proud partner of the American Job Center network" are the unifying name and brand that identifies online and in-person workforce development services as part of a single network.

In connection with this activity, ETA established trademark ownership of the following logos: 1) "American Job Center network"; and 2) "a proud partner of the American Job Center network." For more information, view the Graphics Style Guide for Partners (PDF) and a variety of files available for download, all at the DOL site: American Job Center - Graphics Style Guide for Partners, Terms of Use. For a full discussion of the common identifier requirements, see AJC Common Identifier and Branding FAQs.

February 27, 2017

2. What was the deadline to co-brand all American Job Center (AJC) electronic materials?

The deadline varies based on the nature of the electronic resources. The regulations require that "As of November 17, 2016, each one-stop delivery system must include the 'American Job Center' identifier or 'a proud partner of the American Job Center network' on all primary electronic resources used by the one-stop delivery system, and on any newly printed, purchased, or created materials", see 20 CFR § 678.900(b) (emphasis added).

The regulations require that "As of July 1, 2017, each one-stop delivery system must include the 'American Job Center' identifier, or add a tagline stating 'a proud partner of the American Job Center network', on all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system", see20 CFR § 678.900(c) (emphasis added).

Finally, as the Departments of Labor and Education stated in the Preamble to the Joint WIOA Final Rule, "[T]he Departments will not object if the one-stop centers continue to use materials not using the 'American Job Center' branding which are created before November 17, 2016 until those supplies are exhausted." 81 Fed. Reg. 55791, 55919-55920 (Aug. 19, 2016).

February 27, 2017

3. Social Media is an electronic resource. Do we need to do some sort of common identifier or co-branding with our social media?

The requirement to use a common identifier does not apply to individual messages sent via social media. However, to the extent a social media page is an electronic resource and it is technologically feasible to use the common identifier, the requirement to use the common identifier does apply.

February 27, 2017

4. We have all our electronic materials and websites modified to meet the guidance on the AJC common identifier. Now what?

Great! Note, however, that the requirement to use the common identifier does not only apply to electronic materials and websites. Instead, the regulations require that "As of July 1, 2017, each one-stop delivery system must include the 'American Job Center' identifier or 'a proud partner of the American Job Center network' on all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system", see 20 CFR § 678.900(c).

Either the plain text or one of the logos may be used. If a logo is used, it must be used in accordance with the guidelines contained in the Graphics Style Guide for Partners, and with the terms of use for the logos, which are available at https://www.dol.gov/ajc.

February 27, 2017

5. Are core and center partners required to add the AJC logo to all their signage and printed materials? Or does this only apply to the comprehensive center location and the resource room materials distributed to customers?

The regulations require that the common identifier or tagline be used on "all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system," which includes signage and materials printed, purchased, or created by the one-stop delivery system, see 20 CFR § 678.900(c). Neither the common identifier nor the tagline is required to be added to resource room materials distributed to customers, if those materials were not printed, purchased, or created by the one-stop delivery system.

States and local areas should take steps to make sure that all one-stop centers, comprehensive and affiliate alike, adopt usage of the "American Job Center" identifier or the tagline "a proud partner of the American Job Center network," in accordance with the timeframe set forth in 20 CFR § 678.900 and above.

Additional information regarding the common identifier, including downloadable files containing the logos, fonts, terms of use for the logos, and the Graphics Style Guide for Partners, is available at https://www.dol.gov/ajc.

February 27, 2017

6. I have read the Terms of Use for the American Job Center Logo from the American Job Corps Center website (www.dol.gov/ajc). I have downloaded the various versions of the logo and will begin using it on outreach materials. Is this logo required on our business cards? If so, is there still a 2-inch minimum width requirement and may we print the logo on the back of the business card?

We recognize the difficulty of working with the common identifier/co-branding and logo on a business card and appreciate your efforts to follow the law and regulations. If you use your logo on the front of the card, we would ask that you downsize the AJC tagline or logo and use that with your logo on the front of the card. If you use a State or other government seal on the front of your cards, we would support using the back of the card for the AJC branding.

February 27, 2017