FY27 AEFLA Award Assurances

                             GRANT AWARD NOTIFICATION
                           TERMS, CONDITIONS & ASSURANCES

By accepting and signing this subaward, the subrecipient agrees to comply with federal and state
requirements. The subrecipient agrees to follow all federal and State laws and regulations related
to the federal award. The subrecipient further agrees to comply with all future amendments,
modifications, and regulations, as well as any new requirements lawfully imposed as a condition
of receipt of federal and state funding.

                     I.      FISCAL & GRANT MANAGEMENT REQUIREMENTS
   1. The subrecipient will use its grant funds to fulfill the purposes and meet the requirements of the
       Workforce Innovation & Opportunity Act (WIOA), including Title II Adult Education & Family
       Literacy Act (AEFLA), and any other statutes and requirements pertaining to a federally funded
       workforce education program. Requirements include but are not limited to: a) aligning its
       activities to its Local Workforce Development Board’s (LWDB) local and regional plans; b)
       collaborating with its LWDB to provide supportive services and promote concurrent enrollment
       with Title I programs; and c) providing adult education and literacy activities only to eligible
       individuals.
   2. The subrecipient will comply with the regulations listed in 2 CFR Part 200, the Uniform
       Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
       (Uniform Grants Guidance).
   3. The subrecipient agrees it will comply with the Technical College System of Georgia’s Policies
       and Operating Procedures.
   4. The subrecipient will comply with the General Education Provisions Act (GEPA) and Section 427
       regarding access and participation in the program’s services.
   5. The subrecipient agrees to comply with 2 CFR §200.216, which prohibits obligating or expending
       grant funds for procuring or obtaining, extending or renewing a contract to procure or obtain, or
       entering into a contract to procure or obtain certain telecommunications equipment.
   6. The subrecipient agrees to disclose in writing, any potential conflict of interest to the Federal
       awarding agency or pass-through entity per 2 CFR §200.112. The subrecipient may make a
       determination of credible evidence before disclosing.
   7. The subrecipient agrees to disclose in writing, within 72 hours, to the Federal awarding agency,
       the agency’s Office of Inspector General, and the pass-through entity when it has credible
       evidence of the commission of a violation of Federal criminal law involving fraud, bribery, or
       gratuity violations in connection with the Federal award per 2 CFR §200.113.
   8. The United States Department of Education has adopted the requirements outlined in 2 CFR Part
       175. Under this condition, your subaward may be terminated if you or an employee: a) Engage in
       severe forms of trafficking in persons during the period that the award is in effect; b) Procure a
       commercial sex act during the period that the award is in effect; or c) Use forced labor in the
       performance of the award or subawards under the award.
   9. The subrecipient agrees that it will comply with sections 8301 through 8303 of the Buy American
       Act (5).
   10. The subrecipient agrees that it will provide the Technical College System of Georgia (TCSG) and
       auditors access to its financial statements and all other records pertaining to this contract as
       needed for the TCSG to meets it requirements under WIOA, the Uniform Grant Guidance, and
       any other applicable state or federal laws, policies, or regulations, in compliance with 2 CFR
       §200.337.
   11. The subrecipient agrees to comply with all federal and state grant closeout requirements,
       including but not limited to: a) submitting all financial, performance, and other requested reports
       no later than 90 days after the end date of this contract's period of performance (2 CFR
    §200.344); b) liquidating all federal obligations incurred under this award within 90 days after the
    end date of this contract's period of performance: c) accounting for any real or personal property
    acquired with Federal funds or received from the Federal Government in accordance with 2 CFR
    §200.310 (insurance coverage) through 2 CFR §200.316 (property trust relationship) and 2 CFR
    §200.330 (reporting on real property). All federal funds not liquidated within 90 days must be
    returned to the Technical College System of Georgia (2 CFR §200.344)
12. Per 2 CFR §200.334 and 34 CFR §81.31(c), subrecipients must retain all grant-related
    documentation, including financial records and supporting documentation, student records, and
    other programmatic records, for a period of five years from the date of the final annual fiscal
    report, with the following exceptions: a) If any litigation, claim, or audit is started before the end
    of the record retention period, then the subrecipient must retain the records until any litigation,
    claims, or audit findings have been resolved and the final action has been taken; b) A program
    must retain records for real property or equipment acquired with grant funds for a period of five
    years after the final disposition. Per 2 CFR §200.336, programs may maintain electronic records
    if they remain readable and cannot be altered.
13. Per 2 CFR §200.332 and 34 CFR §76.564(c), TCSG, as a pass-through entity of federal funds,
    must provide subrecipients the opportunity to use a restricted indirect cost rate for their Title II
    AEFLA funds.
14. The funds provided in this award must be used to supplement, not supplant, state or local public
    funds expended for adult education and literacy activities (29 U.S.C. 3331, WIOA Section 241).
15. All items purchased with AEFLA federal or state matching funds must be allowable, allocable,
    reasonable, and necessary. The Office of Adult Education (OAE) reserves the right to disallow or
    require repayment of costs that do not meet these criteria. (2 CFR §200.403 - 405, 2 CFR
    §200.339).
16. The subrecipient must use no more than 5% of its AEFLA funds for administrative costs as
    outlined in WIOA Section 233. Administrative costs include planning, administration (including
    carrying out the requirements of WIOA Section 116), professional development, and the activities
    described in paragraphs (3) and (5) of WIOA Section 232. Please note that subrecipients are
    required to offer professional development. If a subrecipient requires a higher administrative cost
    percentage, it must request a waiver from TCSG.
17. The subrecipient agrees to meet the single audit requirements set forth in 2 CFR §200.501.
18. Subrecipients are responsible for following the financial management regulations and maintaining
    internal controls over their federal award (2 CFR §200.302 and 2 CFR §200.303).
19. Per state requirement, the subrecipient agrees that funding provided by TCSG pursuant to this
    contract is provided on a 30-day reimbursement basis via ACH (electronic fund transfer) payment
    only. The subrecipient agrees that it will only request funds for reimbursement for items that have
    been liquidated, are within the subrecipient's approved budget or subsequent approved budget
    amendments, and are an allowable, allocable, reasonable, and necessary use of state and federal
    funds.
20. Costs associated with High School Equivalency (HSE) (HiSET, GED, etc.) tests, test
    administration, proctoring, travel, or any other activity relating to the actual HSE test process are
    not allowable and cannot be reimbursed with federal or state matching grant funds. The only
    allowable costs are those associated with test preparation (e.g., instruction, materials for
    instruction).
21. Alcoholic beverages, certain entertainment costs, and costs incurred for HSE and HSD
    commencement and any other commencement or convocation are not allowable uses of federal or
    state dollars (2 CFR §200.423, 2 CFR §200.438, and 2 CFR §200.429).
22. The subrecipient agrees that it will follow its organization's written local travel policy and that its
    policy complies with the regulations listed in 2 CFR §200.475. Subrecipients may choose to
    adopt the State of Georgia travel policy. If a subrecipient adopts the State of Georgia travel policy,
    it must be noted in its agency travel policy.
23. The subrecipient agrees it will follow its organization's written local procurement procedures and
    that those procedures meet the requirements outlined in 2 CFR §200.318 - 326.
24. Per state requirement, under this subaward, the subrecipient may not subcontract any direct
    program or instructional services to a third party.
25. The subrecipient agrees to maintain written policies and procedures regarding inventory
    management, as well as an inventory management system that tracks equipment and pilferable
    items, in accordance with 2 CFR §200.313. These records must include the information noted in 2
    CFR §200.313(d)(1).
26. The subrecipient agrees to maintain written policies and procedures regarding Time and Effort
    Certification forms for all employees paid in full or in part with federal or state matching adult
    education grant funds. The Time and Effort Certification forms must comply with 2 CFR
    §200.430 and TCSG's Time and Effort policies and procedures.
27. Per 2 CFR §200.208 and 2 CFR §200.339 - 343, if TCSG determines that a subrecipient is out of
    compliance with any federal or state statutes, regulations, or the terms and conditions of the grant
    award, it may impose additional conditions to remedy the area(s) of noncompliance. If OAE
    determines that noncompliance cannot be remedied by imposing additional conditions, it may
    take one or more of the following actions as appropriate for the circumstances: a) Temporarily
    withhold cash payments until the subrecipient corrects the area of noncompliance; b) Disallow
    the use of funds for all or part of the cost of the activity or action not in compliance; c) Wholly or
    partly suspend or terminate the Federal award; d) Withold further awards for the project or
    program; e) Take other remedies that may be legally available.
28. If OAE takes any of the actions noted in the above assurance to remedy noncompliance, the
    subrecipient has the opportunity to appeal the decision (2 CFR §200.342).
29. Any cancellation, termination, or suspension of this contract, if imposed, shall become effective
    on the date listed in the written notification cancelling, terminating, or suspending the contract.
30. Subrecipients are prohibited from text messaging while driving a government-owned vehicle or
    while driving their privately-owned vehicle during official grant business (Executive Order
    13513).


                                II.      PROGRAM REQUIREMENTS
1. Per state requirement, subrecipients agree to comply with all Technical College System of
   Georgia State Board policies pertaining to adult education and HSE tests or diplomas, as
   established by OCGA 20-4-15 which stipulates that “subject to the availability of funding, all
   levels of literacy programs defined by this articulate shall be provided in each service delivery
   area to any eligible individual who requests them. With the ultimate goal of the elimination of
   illiteracy in the state, priority shall be given to providing all eligible adults with the opportunity to
   attain a general level of literacy.”
2. Per state requirement, the subrecipient will have an Emergency Operations and Safety Plan for all
   locations where classes are held and employees are located.
3. The subrecipient agrees to comply with all local, state, and federal statutes and regulations
   pertaining to nondiscrimination including, but not limited to, GEPA, Titles VI and VII of the Civil
   Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act
   of 1973, Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act,
   The Boy Scouts of America Equal Access Act of 2001, and Section 117 of the Higher Education
   Act.
4. Per 28 CFR Part 38, a faith-based organization may not use direct Federal financial assistance
   from the this award to support or engage in any explicitly religious activities except when
   consistent with the Establishment Clause of the First Amendment and any other applicable
   requirements. Such an organization also may not, in providing services funded by the this grant or
   in outreach activities related to such services, discriminate against a program beneficiary or
    prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a
    religious belief, or a refusal to attend or participate in a religious practice.
5. In accordance with 34 CFR 76.712, all subrecipients must give written notice to students or
    prospective students of protections against religious discrimination. Programs must provide the
    Notice of Protections Against Religious Discrimination handout to all students at intake or prior
    to enrollment. Programs must ensure that the notice is accessible to individuals with disabilities
    and limited English proficient individuals as required by law.
6. Per state requirement, the subrecipient agrees to follow all relevant safety and health policies and
    procedures as listed by the Georgia Department of Health, Occupational Safety and Health
    Administration, and the Centers for Disease Control.
7. Per state requirement, the subrecipient should establish a literacy advisory committee (LAC) for
    its service delivery area (SDA) with the goal of delivering the most effective and efficient adult
    literacy programs. The LAC should meet, at a minimum, four times per year, and include local
    civic leaders and representatives of adult literacy providers, business, and industry. The
    subrecipient may choose to use its Local Workforce Development Board or college board to
    fulfill this requirement (OCGA 20-4-11(7)).
8. Per state requirement, the subrecipient agrees that it will: (a) negotiate federal performance and
    state initiative targets, or (b) request that OAE set its federal performance or state initiative
    targets. The subrecipient understands that programs that do not meet their negotiated targets may
    be subject to additional conditions, including but not limited to: increased technical assistance,
    adjustments to their funding allocations, or financial sanctions.
9. Per state requirement, the subrecipient agrees to turn in and respond to all programmatic and
    fiscal reports required by OAE, including but not limited to: a mid-year budget and performance
    analysis, budget and project amendments, cash draws and requisition requests, and an annual
    grant renewal application (2 CFR §200.329). The subrecipient will certify all fiscal and
    performance reports in accordance with 2 CFR 200.415.
10. Per state requirement, the subrecipient agrees to comply with the staffing, pay, and professional
    development requirements as listed in the TCSG OAE Policies and Operating Procedures
    Manual. These requirements include a full time (40 hour per week) program administrator. If the
    subrecipient wishes to employ a program administrator less than 40 hours per week, they must
    request a waiver from TCSG.
11. Per state requirement, the subrecipient will ensure that instructors spend 70% of their time
    engaged in synchronous and/or asynchronous instructional delivery.
12. Per state requirement, the subrecipient will not charge, or collect money from, adult enrolled or
    wishing to enroll in adult education programs, tuition, fees, books, or any other charges, or
    require adults to purchase books or any other materials needed to participate in the program.
    Please note that this provision does not apply to IET and Career Plus High School Diploma credit
    courses. If the program receives program income by charging reasonable and necessary tuition or
    fees for IET courses or CPH credit courses, or earns any additional program income, it must use
    that income to provide additional adult education and literacy services that it would otherwise be
    unable to provide. Program income from tuition and fees must be: (a) accounted for in program
    records, and (b) used only for costs allowable under AEFLA. (2 CFR §200.307).
13. Per state requirement, the subrecipient agrees that it will not close classes for more than two
    consecutive weeks without written approval from TCGS's OAE. Any request to close classes for
    more than two consecutive weeks must be made at least 45 days in advance.
14. Per state requirement, the subrecipient will schedule all students for a minimum of six
    instructional hours per week. Available instructional hours must include both in-person and
    distance learning, counted using proxy contact-hour models (clock time, teacher verification,
    learning mastery, as consistent with the National Reporting System (NRS) guidelines and OAE's
    Assessment Policy).
15. Per state requirement, grant funds may not be utilized to teach classes in any language other than
    English, except as authorized by OCGA 50-3-100(d). Subrecipients wishing to utilize the
    exemptions to this state law must consult with OAE to ensure alignment with the requirements.
16. Per state requirement, the subrecipient agrees to utilize Blackboard to provide asynchronous and
    synchronous standards-based instruction to all student populations. Online instruction must be
    high-quality and provide equivalent materials and resources as face-to-face instruction.
17. Per state requirement, the subrecipient agrees to operate approved IET opportunities for students
    in alignment with the OAE’s Policy and Operating Procedures Manual, which include that IETs
    must be operational each quarter and must begin no later than two weeks prior to the end of the
    quarter. Minimally, there must be four unique opportunities each year. To receive an exemption
    from this requirement, a subrecipient must request a waiver from the OAE.
18. Per state requirement, subrecipients may use a portion of their adult education grant funds to
    cover training and certification costs associated with IET provided that: (a) the IET meets items
    the conditions listed in 34 CFR §463.35 - 38; (b) the IET costs are allowable, allocable,
    reasonable, and necessary; (c) the program is not supplanting other state or local funds; and (d) if
    applicable, the program follows their conflict of interest and procurement policies when selecting
    a training provider. Programs may use up to 2% of their grant, capped at $15,000 out of their
    General Adult Education grant (231/225/state), if applicable, and up to 4%, capped at $17,000, of
    their Integrated English Literacy & Civics Education (IELCE) grant, if applicable. If a program
    wishes to exceed the limit, it must submit a written request to the OAE.
19. The subrecipient will collaborate with other adult education subrecipients within a given Local
    Workforce Development Area to meet required one-stop partner responsibilities, including
    providing representation on the LWDB and negotiating and paying one-stop infrastructure costs
    (34 CFR §463.400, §463.415, §463.420.)
20. Programs designated to pay one-stop infrastructure costs must use a portion of their federal
    administrative funds to pay these costs (34 CFR §463.720).
21. The subrecipient will ensure that its services have a "direct linkage" to the one-stop centers in its
    assigned area. Per 20 CFR §678.305(d)(3)(i), a "direct linkage" means providing direct
    connection at the one-stop center, within a reasonable time, by phone or through a real-time Web-
    based communication to a program staff member who can provide program information or
    services to the customer. Please note that exclusively providing a phone number, website,
    information, pamphlet, or materials does not constitute a "direct linkage."
22. Programs receiving funds for Family Literacy agree to abide by the family literacy requirements
    in OAE’s Policies and Operating Procedure Manual, including attending family literacy
    professional development. to the following requirements:

                  III.     DATA REPORTING & INTAKE REQUIREMENTS
1. Per state requirement, the subrecipient agrees to comply with all policies and procedures in the
   OAE’s Assessment Policy, including the use of LACES to report all assessment and attendance
   information in the required time periods.
2. The subrecipient agrees that it will meet the NRS Adult Education data quality standards,
   including but not limited to the standards for academic performance, HSE, and transition goals.
3. To ensure accurate and detailed reporting and meet the performance accountability reporting
   requirements of WIOA and NRS, subrecipients must make every effort to collect social security
   numbers for all Adult Education participants (including English Language Learners) without
   coercion.
4. Per 34 CFR Part 99 and 2 CFR §200.303, subrecipients must take reasonable cybersecurity and
   other measures to safeguard personally identifiable information.
5. Per state requirement, subrecipients must use LACES to collect student information, except in
   special circumstances where LACES cannot be used, such as corrections.
6. Per state requirement, subrecipients must maintain accurate and updated student, staff, and course
   schedule information in LACES.
7. Per state requirement, subrecipients offering IELCE or Family Literacy programs must make
   every effort to record and track the completion of goals related to those areas in LACES.
8. State agencies or political subdivisions must ensure that all individuals 18 years of age or older
   receiving adult education services submit a Verification of Eligibility for Public Benefit Form in
   accordance with Per O.C.G.A-36-1-50-36-1 and that they follow TCSG’s Verification of
   Eligibility for Public Benefit (VOEPB) procedures.
                                         SIGNATURES
The subrecipient hereby assures and certifies that, as a condition of receiving federal funds, it
will comply with all applicable federal and state statutes and regulations, as they may be
amended, revised, or replaced in the future.



Agency Head Signature                                                                Date




Office of Adult Education Signature                                                   Date