; (B) consider an eligible entity’s— (i) ability to successfully execute the demonstration project as described in the eligible entity’s application under subsection (b); (ii) commitment and ability to effectively finance the demonstration project; (iii) ability to provide administrative capability and the expertise to evaluate student progress based on measures other than credit hours or clock hours; (iv) history of compliance with the requirements of this Act; (v) commitment to work with the Director and the Secretary to evaluate the demonstration project and the impact of the demonstration project under subsection (g)(2); (vi) commitment and ability to assess student learning through a third party; (vii) commitment of the accrediting agency or association of the eligible entity to establish and enforce the standards described in subsection (c); and (viii) commitment to collaboration with an employer advisory group or specific employers to determine how the demonstration project will meet employer needs; (C) ensure the selection of a diverse group of eligible entities with respect to size, mission, student population, and geographic distribution; (D) not limit the types of programs of study or courses of study approved for participation in a demonstration project; and (E) not select an eligible entity— (i) that, for 1 or both of the preceding 2 fiscal years— (I) had a cohort default rate (defined in section 435(m)) that was 30 percent or higher; (II) failed to meet the requirement under section 487(a)(24); or (III) was— (aa) under probation or an equivalent status from the accrediting agency or association of the eligible entity; (bb) under sanction from the authorization agency of the State in which the eligible entity is located; or (cc) under public investigation or facing a pending lawsuit from a State or Federal agency; (ii) if the Department has concerns with the entity's compliance based on program reviews or audits