§1517. Selection of service providers

(a) Effectiveness in terms of plan primary consideration

The primary consideration in selecting agencies or organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance,¹ (in accordance with guidelines established by the Secretary), in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In addition, consideration shall be given to demonstrated performance in making available appropriate supportive services, including child care. In complying with this subsection, proper consideration shall be given to community-based organizations as service providers.

(b) No needless duplication of local facilities or services

Funds provided under this chapter shall not be used to duplicate facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals.

(c) Opportunity for local educational agencies

Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, unless the administrative entity demonstrates that alternative agencies or organizations would be more effective or would have greater potential to enhance the participants' continued occupational and career growth.

(d) Skills training program to meet private industry council guidelines

The administrative entity shall not fund any occupational skills training program unless the level of skills provided in the program are in accordance with guidelines established by the private industry council.

(e) Additional requirements for selection

The selection of service providers shall be made on a competitive basis to the extent practicable, and shall include-

(1) a determination of the ability of the service provider to meet program design specifications established by the administrative entity that take into account the purposes of the ² chapter and the goals established in the Governor's coordination and special services plan; and

(2) documentation of compliance with procurement standards established by the Governor under section 1574 of this title, including the reasons for selection.

( Pub. L. 97–300, title I, §107, Oct. 13, 1982, 96 Stat. 1335 ; Pub. L. 102–367, title I, §116, Sept. 7, 1992, 106 Stat. 1034 .)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

Amendments

1992-Subsec. (a). Pub. L. 102–367, §116(a), inserted ", (in accordance with guidelines established by the Secretary)" after "demonstrated performance" and inserted after first sentence "In addition, consideration shall be given to demonstrated performance in making available appropriate supportive services, including child care."

Subsec. (e). Pub. L. 102–367, §116(b), added subsec. (e).

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–367 effective July 1, 1993, see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1514, 1531, 1661b of this title.

¹ So in original. The comma probably should not appear.

² So in original. Probably should be "this".