[Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
[Notices]
[Pages 15991-15998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8114]
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DEPARTMENT OF LABOR
Employment and Training Administration
Job Training Partnership Act, Section 402: Migrant and Seasonal
Farmworker Program and Workforce Investment Act of 1998; Section 167:
Migrant and Seasonal Farmworker Programs
AGENCY: Employment and Training Administration, U.S. Department of
Labor.
ACTION: Notice of Solicitation for Grant Applications (SGA) for Migrant
and Seasonal Farmworker Programs under the Job Training Partnership Act
for Transitioning to the Workforce Investment Act.
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SUMMARY: The U.S. Department of Labor (the Department or DOL) announces
the availability of funds under Solicitation for Grant Applications
(SGA-DFA-99-009), for Migrant and Seasonal Farmworker (MSFW) Programs
for Program Year (PY) 1999, and procedures for selection of designated
grantees for PY 1999 and PY 2000 (July 1, 1999 through June 30, 2001).
This SGA is under the authority of Section 402 of the Job Training
Partnership Act (JTPA), 29 U.S.C. 1672, and Section 167 of the
Workforce Investment Act (WIA), 29 U.S.C. 9201. Applicants selected
will be designated as PY 1999/2000 grantees to deliver appropriate
workforce investment activities, and related assistance, to eligible
migrant and seasonal farmworkers. Section 402 of JTPA and Section 167
of WIA require that the eligible entities be selected using a process
consistent with Federal competitive procurement policies.
DATES: The closing date for receipt of applications is May 7, 1999, by
4:00 p.m. (Eastern Time). No exceptions to the mailing and hand-
delivery conditions set forth in this notice will be granted.
Applications that do not meet the conditions set forth in this notice
will not be considered.
ADDRESSES: Applications must be mailed or hand-delivered to: Ms.
Lorraine Saunders, U.S. Department of Labor, Employment and Training
Administration, Division of Federal Assistance, Room S-4203, 200
Constitution Avenue, NW, Washington, D.C. 20210. Reference: SGA/DFA 99-
009.
FOR FURTHER INFORMATION CONTACT: Ms. Lorraine Saunders at 202-219-8702
x 145 (this is not a toll-free number).
Part A--Introduction and Background
Introduction: During PY 1999, the MSFW program will transition its
[[Page 15992]]
operating authority from the JTPA to the WIA so that full
implementation of WIA occurs on or before the July 1, 2000 (the
beginning of PY 2000). Grantees have the authority under WIA during PY
1999 to take the steps necessary to transition from JTPA operating
authority to WIA operating authority. This authority facilitates moving
jointly with the States and in conjunction with the Local Workforce
Investment Boards, as appropriate. Grantees may submit proposals to
operate under WIA or under JTPA in PY 1999 or may transition from JTPA
to WIA during that year.
In addition, the Department intends to exercise its option to waive
competition for the succeeding two-year period (PY 2001 and PY 2002)
for grantees who perform satisfactorily during PY 1999 and PY 2000. In
accordance with WIA Section 167(c)(4)(B), the Department will establish
criteria for making a determination of satisfactory performance upon
which to base the anticipated waivers of competition for the second
two-year period. The Department will advise the grantees of its
determination and will include the criteria to be used for determining
satisfactory performance.
The proposals submitted must consist of six (6) sections as
follows: Section I--covering the applicant's understanding of the
problems of eligible migrant and seasonal farmworkers (including
dependents). Section II--capacity for utilizing the existing service
environment (and familiarity with the area to be served). Section III--
proposed major activities (including approach in transitioning from
JTPA to WIA implementation within the proposed service area). Section
IV--programmatic experience. Section V--general administrative/
financial management capability. Section VI is a place holder for the
applicant's attachments. The statement of programmatic experience must
reflect the applicant's capacity to administer effectively a
diversified program of workforce investment activities and related
assistance (an employability development program under JTPA) for
eligible migrant and seasonal farmworkers.
For rating purposes, Sections I-V are assigned a range of possible
points, and the sum of the maximum possible points for all five
sections totals 100. The most heavily weighted criteria is for Section
III which covers the proposed program design, plans for serving the
target MSFW population and proposed strategy for successfully
transitioning to full WIA implementation. The applicant's proposal for
Section III should be a description of an operational plan that is
appropriate to the service environment described by the proposer in
Sections I and II.
Background:
The objective of the Migrant and Seasonal Farmworker Program under
section 402 of the Job Training Partnership Act is to provide services
to meet the employment and training needs of migrant and seasonal
farmworkers through such public and private nonprofit organizations as
determined by the Secretary to have an understanding of the problems of
migrant and seasonal farmworkers, a familiarity with the area to be
served, and a previously demonstrated capability to administer
effectively a diversified employability development program for migrant
and seasonal farmworkers.
Section 167 of WIA specifies that the MSFW program provide
workforce investment activities and related assistance for eligible
migrant and seasonal farmworkers through eligible entities that
demonstrate an understanding of the problems of eligible migrant and
seasonal farmworkers, a familiarity with the area to be served, and a
capacity to administer effectively a diversified program of workforce
investment activities and related assistance for eligible migrant and
seasonal farmworkers (MSFWs).
The MSFW program is subject to all applicable provisions of the
JTPA regulations at 20 CFR 633, the WIA Interim Final Regulations, and
to the Department's regulations at 29 CFR Parts 93 (New Restrictions on
Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension and
Drug-free Workplace requirements), and the Department's
nondiscrimination regulations at 29 CFR 34 and the nondiscrimination
regulations implementing WIA Section 188. Should the regulations at
Part 669 conflict with regulations elsewhere in 20 CFR, the regulations
at Part 669 will control. The WIA interim final regulations will be
published soon. Further, should any instructions in this notice
conflict with WIA Interim Final Rules, the WIA regulations control.
Applicants should consult and be familiar with WIA regulations at 20
CFR Parts 660 through 671.
Consultation With Governors and Local Boards
Executive Order No. 12372, ``Intergovernmental Review of Federal
Programs,'' and the implementing regulations at 29 CFR Part 17, are
applicable to this program. Under these requirements, the applicant
must provide a copy of the application for comment to the States that
have established a consultation process under the Executive Order.
Applications must be submitted to the State's Single Point of Contact
(SPOC) no later than the deadline for submission of the application to
the Department.
For States that have not established a consultative process under
Executive Order No. 12372, and have established a State Workforce
Investment Board (State Board), the State Board will be the SPOC. For
WIA implementation purposes, this consultation process fulfills the
requirement of WIA Section 167(e) concerning consultation with
Governors and local Boards. To strengthen the implementation of
Executive 0rder No.12372, the Department establishes the following
time-frame for its treatment of comments from the State's SPOC on WIA
Section 167 applications:
1. The SPOC must submit comments, if any, to the Department and to
the applicant, no later than 30 days after the deadline date for
submission of application;
2. The applicant's response to the SPOC comments, if any, must be
submitted to the Department no later than 15 days after the post-marked
date of the comments from the SPOC;
3. The Department will notify the SPOC of its decision regarding
the SPOC comments and applicant response; and
4. The Department will implement that decision within 10 days after
it has notified the SPOC.
State Area Allocation Estimates
State area planning estimates will be published in a separate issue
of the Federal Register.
Part B--Solicitation for Grant Application:
To provide training, employment opportunities, and related services
to eligible migrant and seasonal farmworkers under JTPA section 402 and
WIA section 167, the Department selects the grantee for each service
area from among the competing eligible entities that apply for the
grant to serve the area. Both WIA and JTPA provide that organizations
eligible to operate MSFW programs must:
Have an understanding of the problems of eligible migrant
and seasonal farmworkers (including dependents),
Have a familiarity with the area to be served, and
Have a demonstrated capacity to administer effectively a
diversified program of workforce investment
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activities are related assistance for eligible migrant and seasonal
farmworkers.
Submittal of the Grant Application Package
Applicants must submit an original and three (3) copies of the
complete application package for review. Applications must be mailed no
later than five (5) days prior to the closing date for the receipt of
applications. However, if application are hand-delivered, they must be
received at the designated place by 4:00 p.m. Eastern Time on the
closing date for receipt of applications. All overnight mail will be
considered to be hand-delivered and must be received at the designated
place by the specified time and closing date. Telegraphed and/or faxed
proposals will not be honored. Applications that fail to adhere to the
above instructions will not be honored.
Late Applications
Any application received at the office designated in the
solicitation after the exact time specified for receipt will not be
considered unless it:
(a) Was sent by U.S. Postal Service registered or certified mail
not later than the fifth calendar day before the closing date specified
for receipt of applications (e.g., an offer submitted in response to a
solicitation requiring receipt of application by the 30th of January
must have been mailed by the 25th); or
(b) Was sent by U.S. Postal Service Express Mail Next Day Service--
Post Office to Addressee, not later than 5 p.m. at the place of mailing
two working days prior to the date specified for receipt of
application. The term ``working days'' excludes weekends and U.S.
Federal holidays.
The only acceptable evidence to establish the date of mailing of a
late application sent by U.S. Postal Service registered or certified
mail is the U.S. postmark on the envelop or wrapper and on the original
receipt from the U.S. Postal Service. Both postmarks must show a
legible date or the proposal shall be processed as if it had been
mailed late. ``Postmark'' means a printed, stamped, or otherwise placed
impression (exclusive of a postage meter machine impression) that is
readily identifiable without further action as having been supplied and
affixed by an employee of the U.S. Postal Service on the date of
mailing. Therefore, applicants should request the postal clerk to place
a legible hand cancellation ``bull's eye'' postmark on both the receipt
and the envelope or wrapper.
The only acceptable evidence to establish the date of mailing of a
late application sent by ``Express Mail Next-Day Service-Post Office to
Addressee'' is the date entered by the post office receiving clerk on
the ``Express Mail Next Day Service-Post Office to Addressee'' label
and the postmarks on both the envelope and wrapper and the original
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning
as defined above. Therefore, an applicant should request the postal
clerk to place a legible hand cancellation ``bull's eye'' postmark on
both the receipt and the envelope or wrapper.
Withdrawal of Applications
Applications may be withdrawn by written notice or telegram
(including mailgram__) received at any time before award. Applications
may be withdrawn in person by the applicant or by an authorized
representative thereof, if the representative's identity is made known
and the representative signs a receipt for the proposal.
The Grant Application Package
The Application package must consist of:
(1) A Standard Form 424 found in OMB Circular A-102 and as an
attachment to this Solicitation;
(2) A certification prepared within the last six months, attesting
to the adequacy of the entity's fiscal management and accounting
systems to account for and safeguard Federal funds properly. The
Certification is to be obtained as follows:
(a) for incorporated organizations, a certification from a
Certified Public Accountant, or
(b) for a public agency, a certification by its Chief Fiscal
Officer;
(3) A statement indicating the entity's legally constituted
authority under which the organization functions. A nonprofit
organization should submit a copy of its Charter or Articles of
Incorporation, including proof of the organization's nonprofit status;
(4) The entity's employer identification number (EIN) issued by the
Internal Revenue Service;
(5) If the applicant is a current JTPA 402 grantee, a summary of
program performance for PY 97 and for PY 98 (through the 3rd Quarter);
and
(6) The entity's application for grant funding (an original and 3
copies with original signatures) as described below.
Format and Content of Grant Application
The grant application is limited to 75 numbered pages, double-
spaced, in 12-point type. This page limitation does not include any
letters of support or the required attachments. Do not include detailed
budgets and program planning estimates in this grant application
package. Planning and budget documents will be provided to selected
applicants, as appropriate. To ensure full consideration, the
application must follow the numerical sequence of the Sections I
through V as listed below, include all attachments under Section VI,
and include a Table of Contents.
To facilitate the applicant's understanding of the application
process the rating criteria for each Section is included. Section VI
serves as the holding place in the application for the applicant's
attachments.
CONTENTS OF APPLICATION
Section I--Understanding MSFW Population of the Service Area
In this section, applicants should describe the problems that are
faced by MSFWs over the course of a year in the specific local
geographic areas proposed to be served. An understanding of the local
economy and the problems faced by MSFWs working within that economy is
important to formulating an effective service strategy.
Applicants must provide the following information in this section:
(1) A description of the socio-economic characteristics,
problems and needs of eligible migrant and seasonal farmworkers (and
their dependents) in the proposed service delivery area. (Note: For
applicants that are current JTPA Section 402 grant recipients, a
recapitulation solely of the socio-economic characteristics of past
or current participants will not adequately address this
requirement); and
(2) A description of the types of workforce investment
activities necessary to respond to the needs of the eligible
population described in paragraph (1) above, explaining how the
proposed activities will address those needs.
Rating Criteria for Section I--0 to 15 Points
The scoring will be based on the applicant's (1) described
understanding of the socio-economic characteristics and needs of the
MSFW population and (2) whether the applicant's analysis of how the
needs described will be addressed through its proposed program mix of
workforce training activities and supportive services.
Section II--Capacity for Utilizing the Existing Service Environment
In this section applicants should describe their current or planned
programmatic ties within the proposed service area to appropriate
entities, including those entities that provide educational, health and
child care
[[Page 15994]]
services to eligible farmworkers. Those entities may include: State and
Local Workforce Investment Boards, the local One-Stop Centers, State
and Local Offices of Migrant Education and Migrant Health, Farmworker
Housing Programs, eligible providers of training services as described
in WIA section 122, and other local service organizations. (Note:
Letters of commitment documenting appropriate programmatic ties should
be attached to the application in Section VI.)
Applicants that are not a current MSFW program grantee may
demonstrate their potential to enter a new market by describing
community ties related to service to farmworkers from its experiences
in other areas and/or programs and anticipated ties in the specific
community applied for.
Applicants must provide the following information in this section:
(1) A labor market assessment of the proposed service area with
projections for employment needs, projected skill shortages based on
new or changing industry growth, as well as those created by emerging
technologies, and specific job opportunities that are available in the
service area;
(2) A general description of the current service environment in the
proposed service delivery area. Include existing and proposed working
relationships and agreements with agencies, organizations and
institutions within the service area;
(3) A description of the area-wide strategy proposed or underway
for implementing the requirement of WIA to make core services of the
local One-Stop Center available to the MSFWs served under the grant.
This transition should occur in tandem with the State's implementation
schedule; and
(4) A description of the applicant's proposed delivery system,
including a list of the field/regional office locations and any other
delivery agents, and a description of the range of services proposed
for each office location.
Rating Criteria for Section II--0 to 15 Points
The scoring will be based on the applicant's (1) understanding of
local conditions, of the range of resources within the community, (2)
the applicant's potential for participating in workforce investment
system partnerships, evidenced through its demonstrated capacity to
develop ties with appropriate agencies derived from current and/or
proposed relationships, and (3) the demonstrated appropriateness of
these relationships to labor market and MSFW needs.
Section III--Major Activities Proposed for the Service Area
This section addresses the program approach that the applicant will
use to address the needs of the MSFW population described above. The
plan should describe the major program activities proposed for the
service area in detail, covering the biennial period for PYs 1999 and
2000 (July 1, 1999--June 30, 2001). PY 1999 is the transition year from
JTPA to WIA. Thus, the proposal should describe the plan under JTPA and
the implementation activities proposed during the course of PY 1999 to
ensure successful WIA implementation on or before July 1, 2000. For PY
2000 and early WIA implementation during PY 1999, identify and describe
the workforce investment activities and related assistance proposed
under WIA for eligible migrant and seasonal farmworkers that will be
available as (a) core services, (b) intensive services, and (c)
training services. The applicant should include its rationale for the
approach and proposed mix of workforce investment activities and
services.
Applicants must provide the following information about the
services proposed to be provided for MSFWs and propose a strategy
designed to provide a smooth transition from JTPA authorization to a
successful implementation of WIA:
(1) JTPA program--A description of each major component of the
program proposed for funding under JTPA that includes the following:
(a) A discussion of outreach and recruitment, targeting of the
hard-to-serve, eligibility determination and verification, initial
assessment, and the criteria used for enrollment in training or
referral to other service providers; and
(b) A description of the proposed case management approach under
JTPA, generally showing the proposed application of objective
assessment techniques and reliance on community resources (for
counseling, testing, work experience host sites, etc.) for developing
individual service strategies (ISS) for each participant;
(2) WIA transitional strategy
(a) A description that primarily addresses how the negotiation
strategy with the local workforce investment boards is expected to
produce a successful agreement on the terms of a Memorandum of
Understanding (MOU). (The executed MOU fulfills the mandatory partner
requirements of the One-Stop centers under WIA.)
(b) A description of any operating arrangements with One-Stop
partner agencies for those areas where some of the partners are
operating prior to implementation;
(3) WIA Program--A description of each major component of the
program proposed for funding under WIA that includes the following:
(a) A description of how the applicant expects to provide core
services in partnership with the local One-Stop Center and the
workforce investment delivery system in the service area;
(b) A description of any additional outreach to farmworkers
intended by the applicant and how it anticipates making the core
services of the One-Stop Center available to all who enter its field
offices;
(c) When applicable, a description of endeavors to develop linkages
through electronic or other means with One-Stop Centers serving
farmworkers in rural areas where there are no field offices;
(d) A description of the intensive services proposed under WIA.
Intensive services are defined in WIA section 134(d)(3)(C) and include
such activities as group and individual counseling, skill assessment,
case management of participants seeking training, objective assessment,
and supportive services;
(e) A description of training activities/services proposed to be
available to participants and showing that it is consistent with the
skills needed by employers. This description may be a single combined
JTPA and WIA description indicating only any differences proposed.
Training services are defined in WIA section 134(d)(4)(D) and include
occupational skills training, OJT, and entrepreneurial training; and
(f) Since WIA intensive services and WIA training services may be
combined under the MSFW program, describe how a combined approach will
provide for an enhanced service delivery strategy;
(4) Provide flow charts separate for JTPA and WIA, that illustrate
the flow of services to participants, including outreach, intake and
assessment, provision of service/enrollment in workforce investment
activities, placement, and follow-up. The charts should show the
participant flow when the applicant/job seeker enters through the One-
Stop Center and when he/she enters through the applicant's outreach
system at a local field office; and
(5) A summary of the changes to the workforce investment activities
to be offered under fully implemented WIA from those to be provided
under JTPA. Include a description of any youth activities proposed
under the authority of WIA Section 167(d).
[[Page 15995]]
Rating Criteria for Section III--0 to 40 Points
The scoring will be based on the effectiveness of the proposed
workforce investment activities in addressing the described farmworker
needs in the proposed service areas for the biennial period with
respect to (1) the program strategy to be provided under JTPA prior to
WIA implementation will serve MSFWs, (2) the proposed transitional
strategy to be pursued will achieve WIA implementation by showing how
it is anticipated to lead to the provision of One-Stop core services to
farmworkers, (3) the strategy of proposed intensive and training
services to be provided under the WIA and (4) how the proposed training
activities are consistent with the employer's demands for occupations
within the service area.
Section IV--Program Experience
In section IV the applicant describes organization's experience
(for a minimum of the two years prior to application) in administering
employment and training programs both within as well as outside the
proposed service area.
The information to be provided in this section should include the
following for each program:
(1) The type of program;
(2) Grant, contract or agreement number;
(3) Name of the funding agency;
(4) Amount of funding, period of performance and area served;
(5) A description of the major activities of the program;
(6) Proposed and actual outcomes for each activity described; and
(7) Performance standards and actual performance results for each
program listed.
Rating Criteria for Section IV--0 to 15 Points
The scoring will be based on the applicant's (1) capacity for
providing the employment and training and other workforce development
services that are appropriate for MSFWs, and (2) past performance of
all the relevant program experience.
Section V--Administration and Staff
This section describes the applicant's organizational structure and
staffing patterns.
Applicants must provide the following information in this section:
(1) An organizational chart that includes current administrative
and local field offices with staffing patterns, and a description of
the respective roles of staff in the context of delivering services in
the proposed MSFW program. Applicants should include any provisions
show any anticipated staffing changes resulting from full WIA
implementation. Also include any planned provisions for hiring members
of the client population and (as an attachment in section VI) relevant
position descriptions.
(2) A description of administrative and program management
processes which include the fiscal management systems and the program
management systems (including management information systems (MIS)).
For program management, be sure to include participant tracking and
follow-up, program monitoring and oversight, and technical support for
front line staff;
(3) For applicants that currently operate multi-state JTPA 402
programs, briefly describe which of the above program or management
activities are centrally managed/processed and the benefits (fiscal and
programmatic) attributed to the centralization of these activities.
Rating Criteria for Section V--0 to 15 Points
This section rates the applicant's managerial experience, and the
potential for efficient and effective administration of the proposed
program.
Section VI--Attachments
Include the attachments to the grant application in this section.
No rating criteria apply to this section.
Part C--Review Process of Grant Applications
Panel Review
The Grant Officer will select potential grantees utilizing all
information available to him/her. A review panel will rate each
proposal using the specific criteria cited above. Panel results are
advisory in nature and are not binding on the Grant Officer. The Grant
Officer may, at his/her discretion, request an applicant to submit
additional or clarifying information if deemed necessary to make a
selection. However, selections may be made without further contact with
the applicants.
Responsibility Review
Prior to awarding a grant to any applicant, the Department will
conduct a responsibility review of available records. The
responsibility review relies on tests of available records to determine
if the applicant has established a satisfactory history of accounting
for Federal funds and property. The responsibility review is
independent of the panel review process. Applicants failing to meet the
requirements of this section may be disqualified for selection as
grantees, irrespective of their standing in the competition. Any
applicant that is not selected as a result of the Grant Officer's
responsibility review will be advised of its appeal rights. The
responsibility tests that will be considered are presented in the WIA
regulations.
Areas not competed
In the event that,
1. No grant applications are received for a specific service
delivery area; or
2. All applications received are determined unacceptable; or
3. Where a grant agreement is not successfully negotiated with the
selected grantee; the Department will offer the Governor of the State,
if that State had not applied, a first right to submit an acceptable
application. If the Governor does not accept this offer within 15 days
after being notified, the Department may:
1. Designate another organization; or
2. Reopen the service delivery area for competitive bidding; or
3. Allocate the area's funds by formula to all other service areas;
or
4. Transfer the funds for that service area to national account
activities.
Notification of Non-Selection
Any applicant that is not selected as a potential grantee, or that
has its grant application denied in whole or in part by the Department
for receipt of funds, will be notified in writing by the Grant Officer
and will be advised of all appeal rights.
Notification of Selection
The following conditions are applicable to notification of
selection:
(a) Applicants selected as potential grantees will be notified in
writing by the Grant Officer;
(b) The notification will invite each potential grantee to
negotiate the final terms and conditions of the grant as applicable,
will establish a reasonable time and place for such negotiations, and
will indicate the specific service delivery area and amount of funds to
be allocated under the grant;
(c) PY 99 funds will be awarded for the performance period July 1,
1999 to June 30, 2000 and PY 2000 funds (subject to continued Federal
appropriation) will be awarded without competition for the period July
1, 2000 to June 30, 2001; and
(d) Grantees will be selected for a two year period ending June 30,
2001.
Annual Plan and Grant Agreement
All applicants will be provided instructions for completion of the
[[Page 15996]]
MSFW annual plan. This document must be completed by the selected
applicants only and submitted for approval prior to the execution of
the grant.
Signed at Washington, D.C., this 29 day of March, 1999.
E. Fred Tello,
Grant Officer, Division of Federal Assistance.
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[FR Doc. 99-8114 Filed 4-1-99; 8:45 am]
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