Reimbursement is not allowed if the contract contractor evidences a lack of good faith effort in meeting the requirements of the Training Special Provision, which includes maintenance of records and submittal of reports documenting program performance.

Reimbursement is not allowed for training on projects that do not contain federal funds.

A Contractor’s failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract. The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and appropriate measures pursuant to Article 8.7., “Abandonment of Work or Default of Contract,” which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230.

All necessary and reasonable steps to achieve the contract goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient OJT participation, even if not fully successful will be considered good faith effort. CIV shall determine good faith effort on a case-by-case basis using fair and reasonable judgment. Criteria used to determine good faith effort include, but are not limited to, the following:

Timely submission of required monthly reporting; and
Significant completion of the trainee’s maximum training hours.

Credit will be counted for each trainee who has graduated from the program, pending Area Office and CIV review and verification.

Within 60 days of annual notification, at least one trainee must be enrolled into the program. If a trainee has not been enrolled, then the contractor must submit the Contractor OJT Plan form to CIV that specifies how the contractor intends to satisfy its goal.

Upon receipt of the Federal OJT Program Enrollment Form, CIV will either approve or deny the request and notify the contractor of the decision via email. If approved, CIV will also notify the applicable Area Office.