[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Notices]
[Pages 48194-48204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22843]


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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, Sections 127 and 167 
Migrant and Seasonal Farmworker Program

AGENCY: Employment and Training Administration.

ACTION: Notice of Availability of Funds and Solicitation for Grant 
Applications (SGA) for Migrant and Seasonal Farmworker (MSFW) Youth 
Program under the Workforce Investment Act (WIA).

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SUMMARY: All information required to submit a grant application is 
contained in this announcement. The U.S. Department of Labor (the 
Department), Employment and Training Administration (ETA), announces 
the availability of funds as authorized in Section 127 (b)(1)(A)(iii) 
of the Workforce Investment Act, to provide MSFW youth workforce 
investment activities.
    This notice provides the information and the process that eligible 
entities must use to apply for these MSFW youth funds and how grantees 
will be selected for the two-year designation period. It is anticipated 
that up to $10,000,000 will be available for the first grant year 
(commencing during the month of November 1999) for funding 
approximately 12 to 20 projects covered by this Solicitation.
    The Department intends to provide non-competitive funding for the 
succeeding one-year period (FY 2001) for grantees who perform 
satisfactorily during FY 2000, subject to availability of federal 
funds. 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 non-competitive funding for the 
second one-year period. The Department will advise the grantees of its 
determination and will include the criteria to be used for determining 
satisfactory performance.

DATES: The closing date for receipt of proposals is October 15, 1999 at 
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; 200 Constitution 
Avenue, N.W., Room S-4203; Washington, D.C. 20210. Reference: SGA/DFA-
99-020.

FOR FURTHER INFORMATION CONTACT: Ms. Lorraine Saunders at (202) 219-
8702, Ext. 145 (this is not a toll-free number).

Part I. Background

Introduction

    The proposals solicited must consist of a two-year program strategy 
consisting of five sections covering the applicant's understanding of 
the problems of migrant and seasonal farmworker youth (Section 1); 
familiarity with the area to be served and capacity to work within the 
existing service environment (Section 2); description of planned 
program activities and services (Section 3); capacity to administer 
effectively a workforce investment program for MSFW youth (Section 4); 
and administrative and management capability (Section 5). 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 farmworker youth.
    For rating purposes, each section is assigned a range of possible 
points, and the sum of the maximum possible points for all five 
sections totals 100. The most heavily weighted section is Section 3 
which covers the perceived effectiveness of the proposed MSFW youth 
workforce activities. The applicant's proposal for Section III should 
be a description of an operational plan that is appropriate to the 
conditions described by the proposer in Section 1.

Background

    The purpose of WIA is to provide workforce investment activities, 
through statewide and local workforce investment systems, that increase 
the employment, employment retention, participant earnings, and 
increase occupational skill attainment by participants. As set forth in 
20 CFR 669.600 (published at 64 Fed. Reg. 18750 (Apr. 15, 1999)), the 
purpose of the MSFW youth program is to provide an effective and 
comprehensive array of educational opportunities, employment skills, 
and life enhancement activities to at-risk and out-of-school MSFW youth 
that lead to success in school, economic stability and development into 
productive members of society.
    WIA, Section 167, 29 U.S.C. 2912, and as defined in the Interim 
Final Regulations, provides for eligible entities, selected through a 
Federal competitive grants or contracts process, to deliver a 
diversified program of workforce investment activities, and related 
assistance to eligible migrant and seasonal farmworker youth who are 
members of families that suffer chronic seasonal unemployment and 
underemployment in the agriculture industry. Regulations promulgated by 
the Department to implement the provisions of Section 167 are set forth 
in 20 CFR Part 669 (published at 64 Fed. Reg. 18662, 18746 (Apr. 15, 
1999)). These programs will:
    (1) Strengthen the ability of eligible farmworkers and their 
dependents to obtain or retain unsubsidized employment, or stabilize 
their unsubsidized employment; and
    (2) Provide related assistance and supportive services, integrated 
and coordinated with other appropriate services.
    The portion of the regulations that specifically pertain to the 
MSFW youth program are set fourth in Subpart E at 20 CFR 669.600 et. 
seq. (64 Fed. Reg. 18750 (Apr. 15, 1999)).
    In addition, migrant and seasonal farmworker programs are subject 
to all applicable provisions of the Interim Final WIA Regulations, 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 implementing Section 
188. Should the regulations at Part 669 conflict with regulations 
elsewhere in 20 CFR, the regulations at Part 669 will control. Further, 
should any instructions in this notice conflict with WIA Interim Final 
Rules, WIA regulations will control. Applicants

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should consult and be familiar with WIA regulations at 20 CFR Parts 660 
through 670.

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 Order 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 applications;
    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.

Eligible Applicants

    To be eligible to operate MSFW youth programs an organization must 
have:
    1. an understanding of the problems of migrant and seasonal 
farmworker youth;
    2. a familiarity with the area to be served;
    3. a demonstrated capacity to administer effectively a diversified 
workforce investment program for youth; and
    4. an appropriate legal status to enter into a grant agreement with 
the U.S. Department of Labor (e.g. a private non-profit corporation or 
a unit of State of local government).
    To maximize available resources, applications are encouraged to 
form a consortia of organizations which individually or collectively 
meet the above criteria.

MSFW Youth Participant Eligibility

    Eligible participants are the 14 to 21 year old farmworkers and 
children of migrant and seasonal farmworker parents (or guardians) as 
defined in Section 167(h) of the Workforce Investment Act and at 20 CFR 
Part 669.

Grant Duration and Period of Performance

    The Department anticipates that grants will be funded for two one-
year time periods--with funding in the second year contingent on 
satisfactory performance during the first year and the availability of 
funding in the second year. The period of performance for the first 
funding cycle is expected to commence during November 1999.

Part II. Application Process and Guidelines

Submission 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 applications 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 by the specified 
time and closing date. Telegraphed, faxed, and e-mailed proposals will 
not be honored. Applications that do not 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 a 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 a late 
application sent by U.S. Postal Service registered or certified mail is 
the U.S. postmark on the envelope or wrapper and on the original 
receipt from the U.S. Postal Service. Both postmarks must show a 
legible date or the proposal will 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 applied or 
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 ``bulls 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 the 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.

Grant Application Package

    The grant application package must consist of:
    (1) A Standard Form 424 (Application for Federal Assistance) found 
in OMB Circular A-102 and as an attachment to this Solicitation.
    (2) A Standard Form 424A (Budget) found in OMB Circular A-102 and 
as an attachment to this Solicitation. Costs in Section B (Budget 
Categories), Item 6 (Object Cost Categories) should be budgeted by 
Administrative, Program, and Total. Administrative costs are to be 
included in column (1), program costs in column (2), and the total cost 
in column (5). Administrative costs are

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limited to 10 percent. Budgets are required only for ``Year 1'' of the 
two-year designation period.
    (3) A certification, prepared within the last six months prior to 
the submission of this application, 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 public agencies, a certification by its Chief Fiscal 
Officer;
    (4) A statement describing 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;
    (5) A copy of the current indirect cost rate agreement issued by 
the cognizant federal agency, if applicable.
    (6) The entity's application for grant funding as described below.

Format of the Grant Application

    The grant application is limited to 50 numbered pages, double-
spaced, using type no smaller than 12 point. The page number limitation 
does not include letters of support or the required attachments. 
Proposals may be fastened using a binder clip. Please do not use 3-ring 
binders, or otherwise bind your proposal package.
    To ensure full consideration, the application must follow the 
numerical sequence of the Sections 1 through 6 as listed below, and 
must include a table of contents. All attachments are to be included in 
Section 6. Credit may not be afforded in instances where items are not 
addressed in the proper section.

Contents of the Grant Application

Section 1--An Understanding of the Problems of Migrant and Seasonal 
Farmworker Youth
    An understanding of the problems of migrant and seasonal farmworker 
youth must be demonstrated through a comprehensive description and 
analysis of:
    (A) the needs and problems of farmworker youth; and
    (B) the demographic and socio-economic characteristics of migrant 
and seasonal farmworker youth in the service area. The description must 
include an explanation of how these characteristics compare with those 
of non-farmworker youth and why a youth program, specifically targeted 
to farmworker youth, would more appropriately address the needs of 
farmworkers.
    Specific Rating Criteria, Section 1 [0 to 15 points]--This factor 
rates the applicant's knowledge and analysis of the needs, problems, 
and demographic characteristics of the target group. Ratings are based 
on the degree to which the narrative is clear, concise, and 
demonstrates an in depth understanding of the MSFW youth population.
Section 2--A Familiarity with the Area to Be Served and Capacity to 
Work Within the Existing Service Environment
    A familiarity with the area to be served and the capacity to work 
within the existing service environment is demonstrated through:
    (A) The identification of the geographic boundary(ies) of the 
proposed service area(s)--including a map. A rationale should be 
provided, if the proposed service area(s) is(are) not contiguous.
    (B) A description of the communities where migrant and seasonal 
farmworkers youth, who would be served by the proposed project, reside 
and or travel for work purposes. The description must include a 
discussion of educational, social, cultural, workforce and other 
relevant opportunities available for youth, and the degree to which 
these opportunities, if available, are appropriate for MSFW youth.
    (C) A description of the relationship between the grant applicant 
and the JTPA Section 402/WIA Section 167 MSFW employment and training/
workforce investment program sponsor(s). (If the applicant is not the 
current JTPA Section 402/WIA Section 167 MSFW employment and training/
workforce investment program grantee in the proposed service area, 
describe the arrangements that have been or will be made to coordinate 
the delivery of services and avoid needless duplication of services.)
    (D) A description of the status of the workforce investment system 
within the proposed service area. Describe what steps have or will be 
taken to coordinate the delivery of core services to MSFW youth.
    (E) A description of available community programs and services that 
would complement the proposed program and the efforts that have been 
made to coordinate the delivery of services.
    (F) An itemization of program linkages in a tabular format. The 
specific information sought is the name of the entity with whom a 
linkage has (or will be) established, the relationship of the linkage 
entity to the applicant, the specific service to be provided by the 
linkage, and whether or not a letter documenting the linkage is 
provided as an attachment. Linkages listed here must be limited to only 
those which are relevant to the proposed program.
    Specific Rating Criteria, Section 2 [0 to 15 points]--This factor 
rates the applicant's familiarity with the area and capacity to work 
within the existing service environment. Rates will consider factors 
such as reasonableness of the service area in terms of program scope 
and funds sought; applicant's ability to work within the service 
environment, as evidenced by the existence of appropriate and 
documented linkages--especially those related to other MSFW program 
efforts; and applicant's knowledge and integration of local resources 
into the program design.
Section 3--A Description of Planned Program Activities and Services
    The description of planned program activities and services (Note: 
Any references to time frames should be cited as year 1 and/or year 2):
    (A) Identifies the goal(s) of the proposed program.
    (B) Provides a detailed description of the proposed program 
activities and services. This description should be provided in a way 
that illustrates the participant flow through the various phases of the 
proposed program. A flow chart must be included. The description and 
flow chart must, at a minimum, include:
    (1) Outreach, intake, and eligibility determination; and
    (2) Specific youth services:
    (i) Tutoring, study skills training and instruction leading to 
secondary school completion, including dropout prevention strategies;
    (ii) Alternative secondary school offerings;
    (iii) Summer employment opportunities directly linked to academic 
and occupational learning;
    (iv) Paid and unpaid work experiences, including internships and 
job shadowing;
    (v) Occupational skills training;
    (vi) Leadership development opportunities, which may include such 
activities as positive social behavior and soft skills, decision 
making, team work, and other activities;
    (vii) Supportive services;
    (viii) Adult mentoring for a duration of at least twelve (12) 
months, that may occur both during and after program participation;
    (ix) Follow-up services; and
    (x) Comprehensive guidance and counseling, including drug and 
alcohol

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abuse counseling, as well as referrals to counseling, as appropriate to 
the needs of individual youth.
    (C) Identifies the planned outcomes for youth served by the 
proposed program. Explain how the program goals and outcomes are 
related to and will address the problems of MSFW youth addressed in 
Section 1, including the following:
    (1) A description of the involvement and participation of the 
parents/guardians of MSFW youth in the proposed program.
    (2) A description of the plan to ensure that the provision of 
proposed services encourages the continued participation in school by 
MSFWs who have not completed the twelfth grade.
    (D) Describes, in narrative form, the proposed program budget. The 
description should explain and justify the costs budgeted (year 1 only) 
to each Object Class Category (page 2, SF 424A, Section B). The 
description should also address how the budgeted costs support the 
proposed program activities and services and the staffing pattern.
    (E) Description of the demographic and socio-economic 
characteristics of the MSFW youth who would most likely participate in 
the proposed program and how the program has been designed to address 
the needs of this population.
    Specific Rating Criteria, Section 3 [0 to 40 points]--This factor 
rates the perceived effectiveness of the proposed MSFW youth workforce 
investment activities in addressing the stated farmworker problems 
addressed in Section 1; if proposed outcomes reflect proposed goals; 
the appropriateness of strategies for parental involvement and 
participation; and plans to ensure the continued school participation 
by enrolled MSFW youth who have not completed the twelfth grade. 
Additionally, up to 10 of the points associated with this rating 
criteria will be based on an assessment of the reasonableness of the 
budget in relation to the proposed program of activities and services 
and outcome to be achieved.
Section 4--A Capacity to Administer Effectively a Workforce Investment 
Program for MSFW Youth
    The capacity to administer effectively a workforce development 
program for MSFW youth as evidenced by a description of:
    (A) The mission/principle goals and objectives of the applicant 
organization.
    (B) The applicant organization's experience providing services to 
youth, particularly MSFW youth.
    (C) The programs operated by the applicant organization during the 
last two years, presented in tabular form. For each entry, the table 
must include:
    (1) Funding source (Name of Agency/Organization, Address, 
Telephone, and Contact Person);
    (2) Program Information (Type of Program, Grant/Contract/Agreement 
Number, Principle Activities, Period of Performance and Funding 
Amount);
    (3) Clientele (Number of participants served, percent of MSFW 
participant, percent of MSFW youth (age 14-21) served);
    (4) Performance standards and outcomes achieved; and
    (5) Outcomes achieved for farmworker youth (ages 14-21).
    Specific Rating Criteria, Section 4 [0 to 20 points]--This factor 
rates an applicant's capacity to provide effectively workforce 
investment activities for MSFW youth based on the applicant's previous 
relevant program performance.
Section 5--Administrative and Management Capability
    Administrative and management capability is demonstrated by:
    (A) A chart depicting the overall organization structure of the 
proposed youth program. The chart must clearly show how the proposed 
program fits within the overall organizational structure. It must 
include both staffing patterns and office locations. In addition, the 
chart must show which parts of the proposed MSFW youth program 
structure are in place and which parts would be established if the 
proposal were funded.
    (B) A description of the proposed implementation schedule which 
clearly shows exactly when the proposed program will be fully 
operational.
    (C) A description of the administrative and program management 
processes which include the fiscal management systems and the program 
management systems (including management information system). Program 
management must address systems for participant tracking, follow-up, 
program monitoring and oversight, and the provision of training and 
technical assistance for staff who work directly with participants.
    Specific Rating Criteria, Section 5 [0 to 10 points]--This factor 
rates the applicant's managerial experience and the potential for 
efficient and effective administration of the proposed program.
Section 6--Attachments
    All attachments referenced in the proposal are to be included in 
this section of the proposal. The first page in this section should 
itemize the included attachments.

Part III--Review Process of Grant Application

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 will give appropriate consideration to an entity in any service 
area for which the entity has been designated as a WIA section 167 MSFW 
program grantee (20 CFR 669.630). Further, the Grant Officer will make 
selections that promote a geographic distribution of funds where 
merited (20 CFR 669.650). 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. The responsibility review is an 
analysis of available information and records to determine if an 
applicant has established a satisfactory history of accounting for 
Federal funds and property. The responsibility review is independent of 
the competitive process. Applicants failing to meet the requirements of 
this section may be disqualified for designation as a grantee, without 
respect to their standing in the competitive process. An 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 at 20 CFR 
667.170.

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

    Applicants that are selected will be notified in writing by the 
Grant Officer. Formal designation as a grantee will be contingent on 
the successful negotiation of a grant agreement for the first year of 
operation.


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    Signed on this 26th day of August 1999.
E. Fred Tello,
Grant Officer, Department of Labor/ETA.
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[FR Doc. 99-22843 Filed 9-1-99; 8:45 am]
BILLING CODE 4510-30-C