[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6272-6276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3347]
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DEPARTMENT OF LABOR
Employment and Training Administration
Job Training Partnership Act: Migrant and Seasonal Farmworker
Programs; Application of Waiver Provision, and Solicitation for Grant
Application
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice of the application of the waiver from the requirement
for competition of migrant and seasonal farmworker grants every two
years, and notice of solicitation for grant applications (SGA) for
funding of migrant and seasonal farmworker training and employment
programs in five State service areas.
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SUMMARY: This action concerns funding of the Migrant and Seasonal
Farmworker grants authorized under section 402 of the Job Training
Partnership Act (29 U.S.C. 1672). The Department of Labor (DOL or
Department) announces that for state service areas currently served by
grantees that are performing satisfactorily, the Department is
exercising its option to waive competition for the second two-year
funding period of the current four-year funding cycle that began with
the 1995 Program Year (PY) on July 1, 1995.
The State service areas for which competition is not waived are
Minnesota, Mississippi, North Dakota, Puerto Rico, and South Dakota.
Since competition is not waived for these areas, this notice solicits
proposals for grant applications from qualifying organizations to serve
these areas during Program Years 1997 and 1998 (July 1, 1997 through
June 30, 1999). Applicants selected will be designated as grantees for
these five areas for PYs 1997 and 1998 (July 1, 1997 through June 30,
1999). For the purpose of this solicitation, Preapplication for Federal
Assistance (SF 424) will be included in the application package as
opposed to being submitted as a separate and preceding document.
DATES: Applications for Grant Agreements shall be submitted by
certified or registered mail, return receipt requested, and postmarked
no later than April 14, 1997. 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 April 14,
1997.
No exceptions to the mailing and hand-delivery conditions set forth
in this notice will be granted. Funding applications failing to meet
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 S-
4203, 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). E-mail: [email protected].
A. Notice of Waiver of Competition
The Department announces that it is waiving the requirement to
conduct a competition for grants to serve migrant
[[Page 6273]]
and seasonal farmworkers during the 1997 and 1998 Program Years under
Section 402 of the Job Training Partnership Act for all grantees except
those serving Minnesota, Mississippi, North Dakota, Puerto Rico, and
South Dakota.
This waiver is exercised in accordance with JTPA section 402(c)(2)
which states as follows:
The competition for grants under this section shall be conducted
every 2 years, except that if a recipient of such a grant has
performed satisfactorily under the terms of the existing grant
agreement, the Secretary may waive the requirement for such
competition upon receipt from the recipient of a satisfactory 2-year
grant period.
This waiver applies to the ``succeeding 2-year grant'' period of
the four year funding cycle that began July 1, 1995. Grants for the
first 2-year grant period covering PYs 1995 and 1996 (July 1, 1995
through June 30, 1997) were competed through a solicitation for grant
agreements for every State service area.
The Department has determined that there are three grantees that
have not performed satisfactorily during the current Program Year.
These grantees operate Section 402 migrant and seasonal farmworker
grant programs in the five State service areas of Minnesota,
Mississippi, North Dakota, Puerto Rico and South Dakota. Since the
waiver does not apply to these five areas, the Department seeks
qualifying grantees for operating programs in these five areas under
the Solicitation that follows.
B. Solicitation for Grant Agreements
This notice provides instructions consisting of: Part I--
Introduction; and Part II--Solicitation for Grant Application (SGA).
Part II constitutes invitations from the Department 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 operating migrant and seasonal farmworker
programs during PY 1997 in Minnesota, Mississippi, North Dakota, Puerto
Rico and South Dakota.
Part I--Introduction and Background
JTPA, 29 U.S.C. 1501 et seq., 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. The regulations promulgated
by DOL to implement JTPA are set forth at parts 626 through 638 of
Title 20, Code of Federal Regulations (CFR).
The purpose of section 402 of JTPA, as set forth at 29 U.S.C. 1672
and 20 CFR 633.102, is 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 (Restrictions on Lobbying), 96
(Audit Requirements for Grants, Contracts and other agreements), and 98
(Disbarment, Suspension and Drug-free Workplace requirements).
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, 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; and
3. DOL will notify the SPOC of its decision regarding the comments
and response, but, under normal circumstances, will not implement that
decision for at least 10 days after the SPOC has been notified.
Planning Estimates
Planning estimates for the five jurisdictions are provided below.
The stated amounts are solely for the purpose of developing the funding
applications and are the same as the PY 1996 allocations. Final
allocation levels for PY 1997 will be published for all State service
areas at a later date.
Minnesota: $1,243,685
Mississippi: $1,413,704
North Dakota: $456,939
Puerto Rico: $2,867,153
South Dakota: $675,971
Part II--Solicitation for Grant Applications
A. Funding Applications
Program Year 1997 section 402 funds are available for grants to
serve all State service areas except Alaska, Rhode Island and the
District of Columbia. As stated in the preceding portion of this
notice, funds will be awarded through competition to serve the five
State service areas listed above.
Applications for Statewide programs are encouraged, but are not
necessary.
[[Page 6274]]
Applicants applying for grants shall submit:
(1) A Standard From 424 Facesheet found in OMB Circular No. A-102;
(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 (EIN) from the Internal
Revenue Service and, for nonprofit applicants, proof of the
organization's nonprofit status.
B. Review of Funding Applications
Applications will be reviewed and rated by a review panel applying
the 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 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.
C. Rating Criteria
The rating criteria and the weights assigned to each are described
below:
(1) 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 JTPA goals of targeting the
hard-to-serve for training which leads to skills acquisition, long-term
employability and increased earnings.
(2) A familiarity with the area to be served. Range 0 to 15 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 in order 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.
(3) A previously demonstrated capability to administer effectively
a diversified employability development program, including program
outcomes. 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 solicitation.
(4) General administrative and financial management capability,
including audit outcomes. 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
State's 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.
D. Content and Format of Funding Application (Statement of Work)
Exclusive of letters of support and commitment, the funding
application should not exceed 50 pages of double-spaced unreduced type.
Cost issues should not be addressed in an applicant's submission.
Detailed budgets and program planning estimates are not to be part of
the 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.
(1)--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 sole recapitulation 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.
(2)--Service Environment
This section should describe the applicant's current programmatic
ties
[[Page 6275]]
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 II
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 areas 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.
(3)--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, the
period of performance and program outcomes;
(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 determination and 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 of this notice.
(4)--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 (for applicants applying for
multiple-State or sub-State areas, this includes a 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; and
(7) A statement describing the applicant's experience with audits,
including the results of recent audits.
E. 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 April 14, 1997. 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 April 14, 1997. 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.
F. Notification of Selection
(a) Respondents to this SGA which are selected as potential
grantees will 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, 1997 to June
[[Page 6276]]
30, 1998. Applicants selected will not have to recompete for funding
for PY 1998 (July 1, 1998 to June 30, 1999) if the grant recipient has
met all applicable regulatory requirements, has performed
satisfactorily under the terms of its existing grant for PY 1997,
submits an acceptable training plan or PY 1998, and funds are
available.
(b) In the event that no grant applications will 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 4th day of February, 1997.
James DeLuca,
Grant Officer, Division of Acquisition and Assistance.
[FR Doc. 97-3347 Filed 2-10-97; 8:45 am]
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