[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31762]
[[Page Unknown]]
[Federal Register: December 27, 1994]
_______________________________________________________________________
Part V
Department of Labor
_______________________________________________________________________
Employment and Training Administration
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Job Training Partnership Act; Migrant and Seasonal Farmworker Programs;
Notice
DEPARTMENT OF LABOR
Employment and Training Administration
Job Training Partnership Act: Migrant and Seasonal Farmworker
Programs; Preapplications for Federal Assistance and Solicitation for
Grant Application
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice of invitation to submit applications for funding for
migrant and seasonal farmworker training and employment programs.
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SUMMARY: The Department of Labor (DOL or Department) announces that for
the purpose of this solicitation preapplication form 424 will be
included in the application package as opposed to being submitted as a
separate and preceding document. This announcement also provides
funding application instructions for Migrant and Seasonal Farmworker
Programs for Program Year (PY) 1995 (July 1, 1995 through June 30,
1996) pursuant to section 402 of the Job Training Partnership Act
(JTPA), 29 U.S.C. 1672. Applicants selected for funding will be
designated as grantees for PY 1995. In addition, such applicants will
not have to recompete for funding for PY 1996 (July 1, 1996 to June 30,
1997) if the grant recipient has met all applicable regulatory
requirements, has performed satisfactorily under the terms of its grant
in PY 1995, submits an acceptable training plan, and funds are
available.
Furthermore, it is the intent of the Department to exercise its
option in accordance with JTPA section 402(c)(2), as amended by Public
Law 102-367, the Job Training Reform Amendments, section 401(e), which
states that ``the Secretary may waive the requirement for such
competition upon receipt from the recipient of a satisfactory 2-year
program plan for the succeeding 2-year grant period.'' 29 U.S.C.
1672(c)(2). This option will cover the subsequent two-year grant period
for PY 1997 and PY 1998 (July 1, 1997 through June 30, 1999).
DATES: Funding applications submitted by mail shall be posted by
certified or registered mail, return receipt requested, and postmarked
no later than February 27, 1995. Funding applications submitted by
hand-delivery will be accepted daily between the hours of 8:15 a.m. and
4:45 p.m., Eastern Time, but no later than 4:45 p.m., Eastern Time, on
February 27, 1995.
No exceptions to the mailing and hand-delivery conditions set forth
in this notice will be granted. Funding applications not meeting the
conditions set forth in this notice will not be accepted.
ADDRESSES: Funding applications shall be mailed or hand-delivered to
James DeLuca, Grant Officer, ETA, 200 Constitution Avenue, NW., Room C-
4305, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Charles C. Kane, Chief, Division of
Seasonal Farmworker Programs, 200 Constitution Avenue, NW., Room N-
4641, Washington, DC 20210. Phone: (202) 219-5500 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: This notice provides instructions to
applicants for Federal assistance under JTPA Title IV, Migrant and
Seasonal Farmworker Programs for PY 1995, and consists of: Part I--
Introduction; and Part II--Solicitation for Grant Application (SGA).
Part II constitute invitations from the Department of Labor (DOL) for
public agencies, and private nonprofit organizations authorized by
their Charters or Articles of Incorporation to provide training and
employment and other services described in this notice to submit
funding applications for Migrant and Seasonal Farmworker Programs for
PY 1995.
Part I--Introduction and Background
JTPA establishes programs to prepare youth and unskilled adults for
entry into the labor force, and to afford job training to those
economically disadvantaged individuals and others facing serious
barriers to employment who are in special need of such training to
obtain productive employment. In accordance with 29 U.S.C. 1501 et
seq., regulations promulgated by DOL to implement JTPA are set forth at
parts 626 through 638 and 1005 of Title 20, Code of Federal Regulations
(CFR).
As stated at 20 CFR 633.102, it is the purpose of section 402 of
JTPA, 29 U.S.C. 1672, to provide job training, employment
opportunities, and other services for those individuals who suffer
chronic seasonal unemployment and underemployment in the agriculture
industry. These conditions have been substantially aggravated by
continual advancements in technology and mechanization resulting in
displacement and contribute significantly to the Nation's rural
employment problem. These factors substantially affect the entire
national economy. Because of the special nature of farmworker
employment and training problems, such programs are centrally
administered at the national level. Programs and activities supported
under this section shall, in accordance with section 402(c)(3) of JTPA:
(1) Enable farmworkers and their dependents to obtain or retain
employment;
(2) Allow participation in other program activities leading to
their eventual placement in unsubsidized agricultural or
nonagricultural employment;
(3) Allow activities leading to stabilization in agricultural
employment; and
(4) Include related assistance and supportive services.
Regulations promulgated by DOL to implement the provisions of Title
IV, section 402, of JTPA are set forth in 20 CFR part 633 and part 636.
In addition, State and local governments and Native American applicants
must conform to Administrative Requirements at 29 CFR part 97. Non-
profit organizations must conform to Administrative Regulations at 29
CFR part 95. Migrant and other seasonally employed farmworker programs
are also subject to 29 CFR parts 93 (New Restrictions on Lobbying), 96
(Audit Requirements for Grants, Contracts and other agreements), and 98
(Disbarment, Suspension and Drug-free Workplace requirements).
Should the regulations at parts 633 and 636 conflict with
regulations elsewhere in 20 CFR, the regulations at parts 633 and 636
shall control with respect to programs and activities governed by these
Parts. 20 CFR 633.103(b). Further, should any instructions in this
notice conflict with JTPA regulations, the JTPA regulations shall
control. Applicants should consult and be familiar with 20 CFR part 633
in its entirety.
Pursuant to 20 CFR 633.201, DOL will not consider any funding
application when fraud or criminal activity has been proven to exist
within the applicant organization, or when efforts by the DOL to
recover debts established by final agency action have been
unsuccessful. Prior to the final selection of an applicant as a
potential grantee, DOL will conduct a Responsibility Review of the
available records to establish an organization's overall responsibility
to administer Federal funds in accordance with 20 CFR 633.204. Any
applicant which is not considered or selected as a potential grantee
because of these provisions shall be advised of its appeal rights.
Comments From the States
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' and the implementing regulations at 29 CFR part 17, are
applicable to this program. Pursuant to these requirements, in States
which have established a consultation process expressly covering this
program, applications shall be provided to the State for comment. Since
States also may participate as competitors for this program,
applications shall be submitted to the State upon the deadline for
submission to DOL. 20 CFR 633.202(d).
To strengthen the implementation of E.O. 12372, DOL specifies the
following timeframe for its treatment of comments from the State's
Single Point of Contact (SPOC) on JTPA section 402 applications:
1. As required by 29 CFR 17.8(a)(2), the SPOC must submit comments,
if any, to DOL no later than 60 days after the deadline date for
applications;
2. DOL will forward those comments to the applicant within 10 days
of their receipt from the SPOC;
3. The applicant must submit its response to the SPOC's comments,
if any, to DOL no later than 10 days after the date of receipt from
DOL; and
4. DOL will notify the SPOC of its decision regarding the comments
and response, but will not implement that decision for at least 10 days
after the SPOC has been notified.
State Planning Estimates
State planning estimates are provided in an Appendix to this
notice, solely for the purpose of developing the funding applications.
These estimates are the same as the PY 1994 allocations. Final
allocation levels for PY 1995 will be published at a later date.
Part II--Solicitation for Grant Application
Subpart (a). Preapplication
Program Year 1995 section 402 funds are available for competition
in all States and the Commonwealth of Puerto Rico with the exception of
Alaska, Rhode Island and the District of Columbia. Pursuant to
regulations at 20 CFR 633.105(b)(2), DOL reserves the right not to
allocate any funds for use in a State whose allocation according to the
funding formula is less than $120,000.
Applications for Statewide programs are encouraged, but are not
necessary. Applicants applying for grants shall submit a preapplication
consisting of:
(1) A Standard Form 424 Facesheet found in OMB Circular No. A-102,
and, as an attachment to this solicitation;
(2) An attachment identifying, by State or county, the proposed
service area; and
(3) For a private nonprofit organization, a recent (within the last
six months) certification from a Certified Public Accountant that its
financial management system is capable of properly accounting for and
safeguarding Federal funds; or, for a public agency, a recent (within
the last six months) certification by its Chief Fiscal Officer
attesting to the adequacy of the agency's accounting system to properly
account for and safeguard Federal funds.
The Preapplication for Federal Assistance shall be submitted as
part of the application package and should also include the following:
(1) A statement indicating the legally constituted authority under
which the organization functions. An applicant which is a nonprofit
organization shall submit a copy of its Charter or Articles of
Incorporation to satisfy this requirement;
(2) An employer identification number from the Internal Revenue
Service and, for nonprofit applicants, proof of the organization's
nonprofit status.
Subpart (b). Applications for Funding
DOL is soliciting applications for grants under the provisions of
JTPA Title IV, section 402, to provide training, employment
opportunities, and other services to migrant and other seasonal
farmworkers.
Review of Funding Applications
Applications will be reviewed and rated by a competitive review
panel, using the specific review standards cited at 20 CFR 633.203.
Panel results are advisory in nature and are not binding on the Grant
Officer. In addition, prior to the final selection of an applicant as a
potential grantee, DOL will conduct a Responsibility Review of the
available records pursuant to 20 CFR 633.204. This review is intended
to establish overall responsibility to administer Federal funds and is
independent of the competitive process. Applicants failing to meet the
requirements of that or other sections of the regulations will not be
selected as potential grantees irrespective of their standing in the
competition.
Specific Rating Criteria
The rating criteria and the weights assigned to each are described
below:
(i) An understanding of the problems of migrant and seasonal
farmworkers. Range 0 to 20 points. This factor rates the applicant's
analysis of the needs of the target group, including socio-economic
characteristics of the client population and the proposed program's
potential to address those needs. Ratings are based on a clear and
concise narrative demonstrating this understanding; appropriateness of
the proposed program mix of training and supportive services meeting
the identified needs; and responsiveness to JPTA goals of targeting the
hard-to-serve for training which leads to skills acquisition, long-term
employability and increased earnings.
(ii) A familiarity with the area to be served. Range 0 to 25
points. This factor rates the applicant's knowledge of the resources of
the service area, and the proposed linkages, coordination, and
partnerships with different segments of the community within a
designated service delivery area--to further the training and placement
of farmworkers into new and better jobs; i.e., plans for involving
appropriate area agencies and programs in the design and delivery of
training and other services proposed to meet the needs of participants.
It includes a demonstrated knowledge of approximate size and location
within the State of the eligible client population, current and
changing market place needs, including areas of emerging technologies,
and how the changing skill requirements will be reflected in the
proposed program activities. Ratings are based on a clear and concise
narrative demonstrating this familiarity, and documented programmatic
ties to appropriate area agencies and programs.
(iii) A previously demonstrated capability to administer
effectively a diversified employability development program. Range 0 to
30 points. This factor rates program experience, and capability to meet
or exceed planned goals. Ratings are based on a previously demonstrated
capability to administer effectively a diversified employability
development program for migrant and seasonal farmworkers; documentation
that planned performance goals were either met or exceeded during the
period of performance; and satisfactory description of the employment
and training components and procedures necessary to undertake the goals
of this grant solicitations.
(iv) General administrative and financial management capability.
Range 0 to 25 points. This factor rates the applicant's managerial
experience, and the potential for efficient and effective
administration of the proposed program. In the case of applicants
competing for two or more States or sub-State areas, the application
for each State or sub-State area should contain a statement describing
the manner in which the grant recipient will conduct monitoring and
provide technical assistance and support to each of the States'
operations for which it achieves responsibility to the Department of
Labor. Ratings are based on consideration of the administrative
expertise of present and proposed managerial and decision-making staff,
and the extent to which the management plan demonstrates the ability to
capably and economically operate a multi-activity delivery system.
Finally, the applicant should expound on those cost benefits which will
accrue to the Department of Labor through a multi-jurisdiction (State)
approach over that offered through the management of a single venue
grant.
Content and Format of Funding Application
Exclusive of letters of support and commitment, the funding
application should not exceed 50 pages of double-spaced unreduced type.
Detailed budgets and program planning estimates are not to be part of
the funding application. These will be negotiated later with applicants
selected for grant awards.
The required application format shall be followed and contain the
sections listed below. The sections correspond to the rating criteria
listed in the preceding subpart of this notice, so that information
pertinent to specific rating criterion item (i) is contained in Section
I, information pertinent to rating criterion item; (ii) is contained in
Section II, etc.
Section I--Target Populations and Program Approach
This section should describe the applicant's approach to fulfilling
the intent of JTPA section 402. Elements to be included are:
(a) A description of the needs and problems of migrant and seasonal
farmworkers in the service area, including the socio-economic
characteristics of the farmworker population in the State or sub-State
area to be served; (Note: For applicants which are current JTPA section
402 grant recipients, a recapitulation solely of the socio-economic
characteristics of their past or current participants will not satisfy
this requirement); and
(b) The rationale for the proposed program mix of training for job
placement, training for employability enhancement, and stabilization in
agriculture through supportive services activities, including a
discussion of targeting the hard-to-serve for long-term training
leading to skills acquisition, long-term employment and increased
earnings.
Section II--Service Environment
This section should describe the applicant's current programmatic
ties within the proposed service area to appropriate State and local
agencies, private nonprofit organizations, and other groups--
particularly JTPA Service Delivery Area grant recipients, JTPA Title
III sub-State area grantees, the Offices of Migrant Education and
Migrant Health, and Farmworker Housing Programs--providing resources
and services to farmworkers such as basic education, health and child
care.
Elements to be included are:
(a) A description of existing linkages to agencies, organizations
and institutions within the service area that will result in the
coordinated delivery of services to the disadvantaged farmworker
population. Further, the applicant should detail any partnerships
developed within the service delivery area and delineate the nature of
these agreements noting the various assets brought by each party which
in turn will tend to better serve the farmworker target population.
(Note: Letters of commitment documenting appropriate programmatic ties
should be attached to the application);
(b) A description of the proposed delivery system, including a list
of the applicant's field/regional office locations and any other
delivery agents, and the services to be provided by each;
(c) A labor market assessment of the State or sub-State area to be
served with projections for current employment needs, projected skill
shortages based on new or changing industry growth as well as those
created by emerging technologies, and specific job opportunities known
to the applicant which are available in the service area; and
(d) A discussion of the approximate size and location of the
eligible client population which draws on information collected by the
applicant and from other service providers identified at the beginning
of this section.
Section III--Program Experience
This section should describe the applicant's capability and
experience in administering employment and training programs. Elements
to be included are:
(a) The types of programs operated in the proposed service area
during the past two years, including the contract, grant, or agreement
number, the name of the funding agency, the amount of funding and the
period of performance;
(b) The types of programs operated outside the service area during
the past two years, including the contract, grant or agreement number,
the name of the funding agency, the amount of funding and the period of
performance;
(c) The nature of the training, employability development, and
supportive services activities which were provided;
(Note: applicants should clearly identify those activities
undertaken within the service area);
(d) The actual versus the planned number of participants and their
placement into unsubsidized employment for each program activity;
(Note: applicants should clearly identify those performance
standards failed, met and exceeded within the service area.)
(e) A detailed description of each major activity and component of
the program proposed for funding under this grant solicitation to meet
the identified needs; this description should include a discussion of:
(1) Outreach to and recruitment of the hard-to-serve;
(2) The process of eligibility verification;
(3) Assessment and the criteria used for placement in training or
referral to other service providers;
(4) The role of grantee staff in the employment and training
process, including efforts to make training-related placements;
(5) The role of vendors in the employment and training process; and
(6) Participant tracking during training and as a follow-up after
placement;
(f) An analysis of the extent to which the proposed employment and
training program, including linkages and delivery system, is consistent
with the labor market assessment in Section II.
Section IV--Administration and Staff
This section should describe the applicant's organizational and
staffing plans. Elements to be included are:
(a) Total number of people presently involved in the administration
of the organization and the number of people who will be directly
involved in the administration and delivery of the proposed JTPA
section 402 program services, including position titles and the number
of persons in each position; abstracts of position descriptions of
managerial and decision-making positions should be attached;
(b) A description of the management and administration plan
including:
(1) Organizational structure;
(2) Personnel management procedures, including but not limited to,
capacity building, in-service training and planning;
(3) Fiscal accounting system, including a plan for maintaining cash
on hand in an amount which comports with acceptable government
requirements; the allowance payment system, if applicable; fiscal
reporting procedures; the process employed to insure the proper
expenditure of Federal funds; and the process employed to reduce to a
minimum carryover of program funds from one Program Year to the next.
(4) Internal monitoring system; in the case of applicants applying
for multiple-State or sub-State areas, a detailed plan for monitoring
each proposed service area;
(5) Provisions for hiring members of the client population; and
(6) In the case of multiple-State or sub-State applicants, a
management plan which delineates the process and manner in which the
applicant will provide oversight, technical support, management, fiscal
procedures and communications over several distinct service areas. This
section should demonstrate how these activities will be accomplished in
an efficient manner and result in reduction of costs to the Federal
Government.
Submission of Funding Application
Three copies of the funding applications shall be submitted either
by mail or hand-delivery. As noted earlier in this announcement,
mailings shall be mailed by registered or certified mail, return
receipt requested, no later than February 27, 1995. All hand-delivered
applications will be accepted daily between the hours of 8:15 a.m. and
4:45 p.m., Eastern Time. A receipt will be provided bearing the time
and date of delivery. No hand-deliveries will be accepted after 4:45
p.m., Eastern Time, on February 27, 1995. No exceptions to these
mailing and hand-delivery conditions will be granted. Applications not
meeting these conditions will not be accepted.
Funding applications shall be mailed or hand-delivered to: James
DeLuca, Grant Officer, ETA, 200 Constitution Avenue, NW., Room C-4305,
Washington, DC 20210.
Notification of Selection
The following conditions are applicable, pursuant to 20 CFR
633.205:
(a) Respondents to this SGA which are selected as potential
grantees will be notified by DOL in writing. The notification will
invite each potential grantee to negotiate the final terms and
conditions of the grant; will establish a reasonable time and place for
the negotiation; and will indicate the State or sub-State area to be
covered by the grant. Grants will be awarded for the performance period
July 1, 1995 to June 30, 1996. Applicants selected will not have to
recompete for funding for PY 1996 (July 1, 1996 to June 30, 1997) if
the grant recipient has met all applicable regulatory requirements, has
performed satisfactorily under the terms of its existing grant for PY
1995, submits an acceptable training plan, and funds are available.
(b) In the event that no grant applications are received for a
specific State or sub-State area or those received are deemed to be
unacceptable, or where a grant agreement is not successfully
negotiated, DOL may give the Governor first right to submit an
acceptable application pursuant to the precondition for Grant
Application and Responsibility Review tests at 20 CFR 633.201 and
633.204, respectively. Should the Governor not accept the offer within
15 days after being notified, the Department may then: (1) Designate
another organization or organizations, (2) reopen the area for
competitive bidding, or (3) use the allocated funds for national
account activities.
(c) An applicant whose grant application is not selected by DOL to
receive JTPA section 402 funds will be notified in writing.
(d) Any applicant whose grant application is denied in whole or
part by DOL will be advised of its appeal rights.
Signed at Washington, DC, this 20th day of December, 1994.
James DeLuca,
Grant Officer, Division of Acquisition and Assistance.
Appendix--U.S. Department of Labor, Employment and Training
Administration, PY 1994 MSFW Allotment to States
------------------------------------------------------------------------
State $ allotment
------------------------------------------------------------------------
Alabama................................................. 958,482
Alaska.................................................. 0
Arizona................................................. 1,844,515
Arkansas................................................ 1,413,128
California.............................................. 17,736,066
Colorado................................................ 976,060
Connecticut............................................. 249,724
Delaware................................................ 143,305
District of Columbia.................................... 0
Florida................................................. 5,618,785
Georgia................................................. 2,073,745
Hawaii.................................................. 304,635
Idaho................................................... 1,062,885
Illinois................................................ 1,730,238
Indiana................................................. 946,177
Iowa.................................................... 1,590,966
Kansas.................................................. 845,034
Kentucky................................................ 1,637,048
Louisiana............................................... 963,540
Maine................................................... 396,260
Maryland................................................ 371,172
Massachusetts........................................... 425,952
Michigan................................................ 1,063,917
Minnesota............................................... 1,542,915
Mississippi............................................. 1,753,755
Missouri................................................ 1,324,755
Montana................................................. 807,486
Nebraska................................................ 938,088
Nevada.................................................. 244,100
New Hampshire........................................... 136,280
New Jersey.............................................. 486,113
New Mexico.............................................. 726,150
New York................................................ 2,245,764
North Carolina.......................................... 3,639,845
North Dakota............................................ 566,841
Ohio.................................................... 1,095,381
Oklahoma................................................ 736,559
Oregon.................................................. 1,319,116
Pennsylvania............................................ 1,479,056
Rhode Island............................................ 0
South Carolina.......................................... 1,307,515
South Dakota............................................ 838,553
Tennessee............................................... 1,159,346
Texas................................................... 7,255,221
Utah.................................................... 297,062
Vermont................................................. 257,948
Virginia................................................ 1,255,496
Washington.............................................. 2,067,565
West Virginia........................................... 265,469
Wisconsin............................................... 1,487,835
Wyoming................................................. 244,410
Puerto Rico............................................. 3,557,378
---------------
Formula Total..................................... 81,387,636
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[FR Doc. 94-31762 Filed 12-23-94; 8:45 am]
BILLING CODE 4510-30-M