furnishing welfare; education; mental, public and preventive health; vocational and other rehabilitative; job training; job placement; recreation; corrections; and other basic services in the community that will be available and accessible to the project or program participants. (9) A set of schematic drawings of the proposed project.

(10) If youth are to be detained in the facility, a review of the authority to detain and the circumstances under which detention is authorized.

(11) Such other information as the Administrator, or the State agency, may require.

(b) In addition, applications shall contain assurances that:

(1) Provisions will be made, to the extent feasible, for coordination of the activities to be conducted in the facility on a continuing basis with the operations of public and private agencies and organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, corrections and other basic services in the community for youth;

(2) Reasonable efforts will be made to secure or provide necessary services for diagnosing, treating and rehabilitating delinquent youth and those in danger of becoming delinquent, including youth who are on parole or probation, which are either not being provided in the community or are inadequate to meet its needs;

(3) Maximum use will be made of other Federal, State, or local resources available for diagnosing, treating, and rehabilitating these youth;

(4) Public and private agencies and organizations furnishing the services referred to in subparagraph (1) of this paragraph will be consulted in the formulation of the project or program to be operated in the facility, taking into account their services and expertise, and with a view to adapting such services to better fulfillment of the purposes of this subpart.

ations of the proposed project or program to the Administrator. They may request from the Administrator additional time to comment. The applicant should indicate to whom copies of the application have been submitted for evaluation.

§ 270.107 Factors considered in evaluating applications.

In determining whether or not to approve applications for the construction of rehabilitation facilities, the State agency and the Administrator shall consider the following, among other relevant factors:

(a) The relative cost and effectiveness of the proposed facility in effectuating the purposes of this subpart.

(b) The incidence of and rate of increase in youth offenses and juvenile delinquency;

(c) The school dropout rates;

(d) The youth unemployment rates; (e) The adequacy of existing facilities and services for carrying out the purposes of this subpart;

(f) The extent of comprehensive planning in the community for carrying out the purposes of this subpart;

(g) The extent to which the proposed facility will incorporate new or innovative techniques within the State or community to carry out the purposes of this subpart;

(h) The extent to which the project or program to be carried out in the proposed facility will incorporate programs for the parents of delinquent youth and those in danger of becoming delinquent, as well as programs for other adults who offer guidance or supervision to these youths;

(i) The relative extent to which financial support is committed by the applicant for the operation of the project or program;

(j) The relative ability of the applicant to make effective and productive use of the proposed facility;

(k) The relative extent to which public and private agencies and organizations concerned with youth as well as youth themselves have been involved in determining the appropriateness of the proposed facility, its location, size and design, and in designing the nature and scope of the activities to be conducted;

(1) The relative extent to which the project or program will complement comprehensive plans and programs developed under other Acts related to the purposes of this Act;

(m) The relative extent to which the proposed facility will materially upgrade the physical and social qualities of the neighborhood and the extent to which it will enhance the neighborhood by applying a high standard of design and architecture;

(n) The relative extent to which the applicant has been assured of the cooperation of public and private agencies whose participation is necessary to project or program success;

(0) The relative extent to which the services and resources of public and private agencies and organizations furnishing welfare, education, health, mental health, preventive and rehabilitative, recreation, job training, job placement, corrections and other basic services in the community will be available and accessible to youth to be served by the proposed facility;

(p) The relative extent to which the project or program will result in new employment and new careers in the field of rehabilitation;

(q) The relative extent to which the youth served in the facility are to be involved in the operation of the proposed project or program;

(r) The relative extent to which the proposed project or program represents an innovative, community-based alternative to traditional forms of incarceration;

(s) In the case of residential facilities, the relative extent to which opportunities for active and meaningful participation in the community will be offered to the residents.

tions. Payments shall be made at periodic intervals consistent with the construction progress of the project. In extraordinary circumstances when necessary to maintain construction progress, advance payments may be made. Final payment shall not be made until after the completion of the project.

§ 270.110 Assurances from applicant.

In addition to any other requirements imposed by law, each construction grant shall be subject to the condition that the applicant will furnish and comply with the following assurances. The Administrator may, at any time, approve exceptions to these conditions and assurances where he finds that such exceptions are not inconsistent with the Act and the purposes of the project or program.

(a) That the applicant has or will have a fee simple or such other estate or interest in the site, including necessary easements and rights-of-way, sufficient to assure for a period of not less than 10 years undisturbed use and possession for the purpose of the construction and operation of the facility.

(b) That the Administrator's approval of the final working drawings and specifications, which conform to the standards of construction and equipment specified by the Administrator, will be obtained before the project or program is advertised or placed on the market for bidding.

(c) That the applicant will perform actual construction work by the lump sum (fixed price) contract method; employ adequate methods of obtaining competitive bidding prior to awarding the construction contract, either by public advertising or circularizing three or more bidders; and award the contract to the responsible bidder submitting the lowest acceptable bid.

(d) That the applicant will enter into no construction contract or contracts for the project or program or a part thereof, the cost of which is in excess of the estimated cost approved in the application for that portion of the work covered by the plans and specifications, without the prior approval of the Administrator.

(e) That the applicant will submit to the State agency or, in the case of applications directly to the Service to the Administrator, for prior approval changes that substantially alter the scope of work, function, utilities, or safety of the facility.

(f) That the applicant will construct the facility, or cause it to be constructed,

to final completion in accordance with the application and approved plans and specifications.

(g) That the applicant will maintain adequate and separate accounting and fiscal records and accounts for all funds provided from any source to pay the cost of the project or program, and permit audit of such records and accounts at any reasonable time.

(h) That the applicant will furnish progress reports and such other information as the State agency or the Administrator may require.

(i) That the applicant will provide and maintain competent and adequate architectural or engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications.

(j) That sufficient funds will be available to meet the non-Federal share of the cost of construction. Availability of funds for the non-Federal share of construction costs shall mean: (1) Funds immediately available, placed in escrow, or acceptably pledged; or (2) funds or fund sources specifically earmarked in a sum sufficient for that purpose; or (3) other assurances acceptable to the Administrator.

(k) That sufficient funds will be available, when construction of the facility is completed, for its effective use, as evidenced by a proposed operating budget for the 2-year period immediately following completion of the facility; or such other evidence as the Administrator finds acceptable.

(1) (1) That any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined under the DavisBacon Act, as amended (40 U.S.C. 276a276a-5), and will receive compensation at a rate not less than 12 times his basic rate of pay for all hours worked in any workweek in excess of 8 hours in any calendar day or 40 hours in the workweek (40 U.S.C. 327–332); and

(2) That the following conditions and provisions will be included in all construction contracts:

(i) Provisions pertaining to the applicable labor standards provision of the Copeland Act (Anti-Kickback) and the Contract Work Hours Standards Act, except in the case of contracts in the

amount of $2,000, or less, and the rules and regulations issued under each of these Acts.

(ii) The contractor shall furnish performance and payment bonds, each of which shall be in the full amount of the contract price, and shall maintain, during the life of the contract, adequate fire, workmen's compensation, public liability and property damage insurance.

(iii) Representatives of the State agency and the Administrator will have access at all reasonable times to work wherever it is in preparation or progress, and the contractor shall provide proper facilities for such access and inspection.

(m) That the facility will be operated and maintained in accordance with the minimum standards prescribed by the appropriate State regulatory agency for the maintenance and operation of such facilities.

(n) That the grantee will incorporate, or cause to be incorporated, into construction contracts paid for in whole or in part with Federal financial participation under this subpart, such provisions on nondiscrimination in employment as are required by and pursuant to Executive Order No. 11246, and that the grantee will otherwise comply with requirements prescribed by and pursuant to such order.

(0) That, for a period of not less than 10 years after the completion of construction of the facility, it will be used as a rehabilitation facility.

(p) That the applicant will comply with the provisions of Executive Order No. 11296, relating to flood plain evaluation and necessary controls.

(q) That the applicant will incorporate into the bid document and construction contracts the standards for the design, construction, and alteration of buildings issued by the Administrator of the General Services Administration pursuant to the Act approved August 12, 1968 (Public Law 90-480). Prior to the issuance of such standards the applicant will incorporate into such bid document and construction contracts the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," No. A117.1-1961, as modified from time-to-time.

(r) That the applicant will conform to all the regulations of this subpart. § 270.111

Standards.

Approved projects shall be constructed according to general standards of con

struction and equipment for rehabilitative facilities prescribed by the Administrator under this Act. Applicable State and local rules and regulations shall be observed. The Administrator's standards shall be followed where they exceed any State and local codes and regulations. § 270.112 Recovery: good cause for other use of facility.

(a) If, within 10 years after completion of any construction project or program for which funds have been paid under this subpart, the rehabilitative facility shall cease to be a rehabilitative facility, the Service shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the U.S. District Court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility.

(b) The Administrator may, for good cause, release the applicant or other owner of the facility from the obligation to maintain the facility. In determining whether there is such good cause the Administrator shall take into consideration the extent to which:

(1) The facility will be devoted by the applicant or other owner to use for another purpose which will promote the purposes of the Act; or

(2) There are reasonable assurances that for the remainder of the 10-year period other facilities not previously utilized for the purposes for which the facility was constructed will be so utilized and are substantially equivalent in nature and extent for such purposes; or

(3) Changing needs and circumstances have eliminated or modified the need for the facility.

Subpart G-Preventive Services;
Direct Grants
Purpose.

§ 270.120

The purpose of this subpart is to promote the use of community-based services for the prevention of juvenile delinquency; to assist States and communities to establish and develop special preventive services, including educational delinquency prevention programs in schools, for youth in danger of becoming delinquent, including youth who are on parole or probation.

§ 270.121 Eligibility.

Grants may be made under this subpart to any public agency or nonprofit private agency or organization in States not having a State plan approved under section 131 of the Act.

§ 270.122 Matching requirements.

(a) Federal financial participation for preventive services projects will not exceed 75 percent of the total cost of the project or program for which the grant is made.

participation

(b) The non-Federal may be derived from a variety of sources, including:

(1) New State or local appropriations or other new grantee funds;

(2) Existing funds and time of personnel used for the on-going activities of the agency which are made a part of the project. Services or space donated to the project may not be included as a grantee contribution to the cost of the project or program. Grantee funds or services derived from other Federal funds or used for matching any other Federal grant may not be used to match the Federal funds in this program except as otherwise specifically allowed by Federal statute.

(c) The application must contain assurances that the Federal grant funds for preventive services will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be made available by the State or locality for this purpose and that the Federal funds will not supplant such non-Federal funds.

(d) If an Indian tribe applying for a grant does not have sufficient funds available to meet the non-Federal share of the cost of a project or program, the Administrator may increase the Federal share of the cost to the extent necessary. An application from an Indian tribe requesting an increased Federal share must be accompanied by a complete financial statement substantiating its inability to meet the non-Federal share requirement. § 270.123

Application.

(a) An application for funds under this Subpart shall contain the following information:

(1) A budget and budget justification. (2) The qualifications of the principal staff members to be responsible for the project or program.

(3) A statement of the goals of the proposed project or program and how

they relate to the purposes of this subpart.

(4) A description of the methods to be employed in implementing the goals of the project or program.

(5) A description of the innovative features of the project or program.

(6) A description of the nature and extent of delinquency problems within the designated area of concern and a statement of the need for the proposed services.

(7) A description of existing services for delinquent youth and those in danger of becoming delinquent within the designated area of concern.

(8) A description of the relationship of the project or program to other Federal, State, or local preventive and rehabilitative services within the designated area of concern.

(9) A description of how the project or program will complement comprehensive plans and programs developed under other Acts related to the purposes of this Act.

(10) A description of how the resources and services of public and private agencies furnishing welfare, education, health, mental health, preventive and rehabilitative, job training, job placement, recreation, corrections and other basic services in the community I will be available and accessible to the project or program participants.

(11) A description of how public and private agencies and organizations concerned with youth as well as youth themselves have been involved significantly in determining the appropriateness of the project or program, and in designing the nature and scope of the activities to be conducted.

(12) A description of how the participants will be involved significantly in the operation and evaluation of the proposed project or program.

(13) A description of the provisions to be made for an on-going in-service program of staff development for both professional and nonprofessional project staff.

(14) A description of the provisions that have been made for a systematic evaluation of project or program results.

(15) Such other information as the Administrator may require.

(b) In addition, applications shall contain assurances that:

(1) Steps have been or will be taken toward provision, within a reasonable

period of time, of a program of services within the area served which are necessary for the prevention of delinquency, including the diagnosis, treatment and rehabilitation of youth in danger of becoming delinquent;

(2) Special efforts will be made to assure that the services provided will be available for youth with serious behavioral problems;

(3) Provisions will be made, to the extent feasible, for coordination of the project or program on a continuing basis with the operations of public and private agencies and organizations furnishing welfare, education, health, mental health, recreation, job training, job placement, corrections and other basic services in the community for youth;

(4) Reasonable efforts will be made to secure or provide necessary services for diagnosing, treating and rehabilitating youth in danger of becoming delinquent, including youth who are on parole or probation, which are either not being provided in the community or are inadequate to meet its needs;

(5) Maximum use will be made of other Federal, State or local resources available for diagnosing, treating and rehabilitating these youth;

(6) Public and private agencies and organizations furnishing the services referred to in subparagraph (3) of this paragraph will be consulted in the formulation of the project or program, taking into account their services and expertise, and with a view to adapting such services to the better fulfillment of this subpart.

(c) The application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including this subpart.

(4) Any major proposed amendments to an approved application shall be submitted in writing, in advance to the Administrator. No such changes shall be put into effect without the approval of the Administrator.

§ 270.124 Factors considered in evaluating proposals.

In determining whether or not to approve applications for preventive services grants, the Administrator shall consider the following among other relevant factors:

(a) The relative cost and effectiveness of the project or program in effectuating