North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0200 - PLANNING AND CONTRACTING › Section 20B .0203 - CONTRACT STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  consideration for receiving JTPA funds from the Division, the subrecipient
				  shall enter into an agreement with the Division. Agreements may be subgrant
				  agreements, contracts for job training services or contracts for services or
				  goods. All agreements are subject to existing purchase and contract
				  regulations, except as specifically exempted.
(b) Contracts for the purchase of services,
				  other than job training services, and goods are governed solely by the purchase
				  and contract regulations, except to the extent the procurement falls under the
				  federal regulations. Contracts for small purchases, that is contracts for
				  services or goods that do not exceed ten thousand dollars ($10,000) in the
				  aggregate from a single contractor in a single billing period, shall be
				  construed by the Division to be exempt from the federal regulations as to
				  content and provisions for services and goods contracts.
(c) Contracts for job training services are
				  subagreements for carrying out the substantive parts of the project for the
				  purposes of the federal regulations.
(d) Subgrants and contracts for job training
				  services must contain the following minimum requirements:
(1) A plan of work, such as a job training
				  plan or a proposal or application;
(2) A budget;
(3) A period of services, with a stipulation
				  that the agreement shall not be considered completed for statute of limitation
				  purposes until final federal action on any disallowed costs incurred under the
				  agreement;
(4) Agreement to comply
				  with applicable federal and state laws and procedures;
(5) A recognition of the Division's right to
				  modify the terms to comply with changes in federal law or state statutes,
				  provided that except where such changes are permitted to have retroactive
				  effect, such unilateral modification may only have prospective
				  effect;
(6) Reasonable constraints
				  on subcontracting and subcontract terms;
(7) Budgeting, invoicing, payment and
				  closeout provisions, including provisions requiring the subgrantee or
				  contractor to return unexpended funds to the Division, to waive claims to
				  reimbursement for costs not submitted with the closeout period and to
				  acknowledge the Division's right to offset, withholding and other appropriate
				  recoupment procedures, including repayment;
(8) Recordkeeping, reporting and accounting
				  provisions, consistent with federal law and state policies;
(9) Provisions relative to property
				  procurement and management;
(10)
				  Civil rights assurances, including provisions for a grievance procedure as
				  required and identification of an equal employment opportunity
				  officer;
(11) Provisions permitting
				  monitoring, oversight and investigation by division and federal
				  personnel;
(12) Prior approval of
				  the governing board or authorized official, if such is required;
(13) The hearings procedure applicable to the
				  agreement and disputes thereunder;
(14) Provisions relating the amendment of the
				  agreement, acknowledging the Division's right to amend the agreement
				  unilaterally in those instances in which the Division is permitted by law to
				  amend unilaterally, such as when the Division relieves the subgrantees or
				  contractor of an obligation under the agreement, and in those instances when a
				  change in federal or state law or a clarification in state policy requires an
				  amendment, provided that such amendments, unless otherwise permitted to have
				  retroactive effect, will have prospective effect only; and
(15) The signatures of the authorized
				  signatories for the Division and for the subgrantee or contractor, although the
				  signatures may occur on identical counterparts of the same agreement.