| (a) At least 82.5 percent of the AEFLA §243 Integrated
English Literacy and Civics Education federal award allocated to the
state must be awarded to entities with demonstrated effectiveness
as determined through a statewide competitive procurement, as follows:
(1) 100 percent of the award will be based on the demonstrated
need cited and supported with data by the eligible applicant as part
of a statewide procurement;
(2) No more than 5 percent of the funds expended as
part of the total allocation shall be used for administrative costs,
as defined by AEFLA, provided, however, that the Special Rule outlined
in AEFLA §233(b) shall apply with effective justification, as
appropriate;
(3) No more than 10 percent of this allocation shall
be available for expenditure on the basis of the achievement of performance
benchmarks, as set forth in §800.68(e); and
(4) The application of a hold-harmless/stop gain procedure.
(b) The Commission shall give priority in awarding
funds to entities that consistently satisfy annual performance requirements
comparable to §800.68(f) of this subchapter.
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