[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.

-----------------------------------------------------------------------

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
------------------------------------------------------------------------

[FR Doc. 94-31762 Filed 12-23-94; 8:45 am]
BILLING CODE 4510-30-M