[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Notices]
[Pages 32106-32124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13400]


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DEPARTMENT OF LABOR

Office of Disability Employment Policy

[SGA 03-07]


Working for Freedom, Opportunity and Real Choice Through 
Community Employment (WorkFORCE) Action Grant Initiative

AGENCY: Office of Disability Employment Policy, Department of Labor.

ACTION: Notice of availability of funds; solicitation for grant 
applications (SGA).

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    This notice contains all of the necessary information and forms 
needed to apply for grant funding. (SGA 03-07)

SUMMARY: The U.S. Department of Labor (DOL), Office of Disability 
Employment Policy (ODEP) announces the availability of $2.5 million to 
award up to 6 competitive Working for Freedom, Opportunity and Real 
Choice through Community Employment (WorkFORCE) Action Grant Initiative 
grants ranging from approximately $400,000 to $625,000 to continue its 
support for increasing and improving employment opportunities that 
allow individuals with disabilities to: (1) Move from nursing homes or 
other institutions and residential facilities into the community; (2) 
continue living in the community; (3) achieve economic self-
sufficiency; and (4) attain full access to, and participation in their 
communities. These demonstration grants will begin or expand the 
delivery and implementation of customized community employment 
opportunities for individuals with disabilities so that they may live, 
work, and fully participate in their communities.
    The purpose of these grants, therefore, is to develop and document 
the capability of individuals transitioning from segregated 
environments (such as nursing homes, institutions, and segregated day 
environments) to: (1) Successfully participate in community employment 
through utilization of customized strategies; (2) increase their 
earnings and economic power through participation in such employment; 
and (3) live, work and fully participate in their communities. The 
WorkFORCE Action Grants will be funded for a one-year period and may be 
renewed for a period of up to four additional years at varying funding 
levels (see Section IV) depending upon the availability of funds and 
the efficacy of the project activities.
    The applicants scoring the highest when evaluated pursuant to the 
criteria set forth in Part VII, in conjunction with considerations by 
the Grant Officer delineated in Part IX of this Solicitation for Grant 
Application will be awarded WorkFORCE Action Grants.
    Eligibility: Non-profit organizations, including faith-based and 
community organizations, working in coordination with the One-Stop 
delivery system, as provided under the Workforce Investment Act (WIA) 
(Pub. L. 105-220, 29 U.S.C. 2801 et seq.), are eligible applicants for 
WorkFORCE Action Grants.

DATES: Applications will be accepted on May 29, 2003. The closing date 
for receipt of applications under this announcement is July 14, 2003. 
Applications must be received by 4:45 p.m. (ET) at the address below. 
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 be considered non-responsive.

ADDRESSES: Applications shall be mailed to: U.S. Department of Labor, 
Procurement Services Center, Attention: Cassandra Willis, Reference SGA 
03-07, Room N-5416, 200 Constitution Avenue, NW., Washington, DC 20210. 
Telefacsimile (Fax) applications will not be accepted. Applicants are 
advised that mail in the Washington area may be delayed due to mail 
decontamination procedures.

FOR FURTHER INFORMATION CONTACT: Cassandra Willis, U.S. Department of 
Labor, Procurement Services Center, telephone (202) 693-4570 (this is 
not a toll-free number), prior to the closing deadline. Persons who are 
deaf or hard of hearing may contact DOL via the Federal Relay Service, 
(800) 877-8339. This announcement will also be published on the 
Internet on the ODEP's online Home Page at: http://www2.dol.gov/odep. 
Award notifications will also be published on the ODEP homepage.

SUPPLEMENTARY INFORMATION: 

Part I. Delivery of Applications

1. Late Applications

    Any application received after the exact date and time specified 
for receipt at the office designated in this notice will be considered 
non-responsive, unless it is received before awards are made and it (a) 
is determined that its late receipt was caused by DOL error; (b) was 
sent by U.S. Postal Service registered or certified mail not later than 
the fifth calendar day before the date specified for receipt of 
applications (e.g., an application submitted in response to a 
solicitation requiring receipt of applications by the 20th of the month 
must have been post marked by the 15th of that month); or (c) was sent 
by the U.S. Postal Service Express Mail Next Day Service to addressee 
not later than 5 p.m. at the place of mailing two working days prior to 
the date specified for receipt of applications. The term ``working 
days'' excludes weekends and Federal holidays. ``Post marked'' 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 or affixed on the date of mailing by an 
employee of the U.S. Postal Service.

2. Withdrawal of Applications

    Applications may be withdrawn by written notice or telegram 
(including mail gram) received at any time before an award is made. 
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 of the proposal.

3. Hand-Delivered Proposals

    It is preferred that applications be mailed at least five days 
prior to the closing date. To be considered for funding, hand-delivered 
applications must be received by 4:45 p.m., ET, at the specified 
address. Failure to adhere to the above instructions will be basis for 
a determination of non-responsiveness. Overnight express mail from 
carriers other than the U.S. Postal Service will be considered hand-
delivered applications and must be received by the above specified date 
and time.

Part II. Authority

    Omnibus Appropriations Resolution, 2003, Public Law 108-7; 
Consolidated Appropriations Act, 2001, Public Law 106-554, 29 U.S.C. 
557b.

Part III. Background

    In Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176 (1999) (the 
``Olmstead decision''), the Supreme Court construed Title II of the 
Americans with Disabilities Act (ADA) to require states to place 
qualified individuals with mental disabilities in community settings, 
rather than in institutions, whenever treatment professionals determine 
that such placement is appropriate, the affected persons do not oppose 
such placement, and the state can reasonably accommodate the placement, 
taking into account the resources available to the state and the

[[Page 32107]]

needs of others with disabilities. The Department of Justice 
regulations implementing Title II of the ADA require public entities to 
administer their services, programs, and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with disabilities. See 28 CFR 35.130(d).
    In Olmstead, the Supreme Court stated that institutional placements 
of people with disabilities who can live in, and benefit from, 
community settings perpetuates the unwarranted assumptions that persons 
so isolated are incapable or unworthy of participating in community 
life. The Supreme Court stated that ``recognition that unjustified 
institutional isolation of persons with disabilities is a form of 
discrimination reflect[ed] two evident judgements'': (1) 
``Institutional placements of people with disabilities who can live in, 
and benefit from, community settings perpetuates the unwarranted 
assumptions that persons so isolated are incapable or unworthy of 
participating in community life''; and (2) ``confinement in an 
institution severely diminishes everyday life activities of 
individuals, including family relations, social contacts, work options, 
economic independence, educational advancement, and cultural 
enrichment.'' Olmstead, 119 S.Ct. 2176, 2179, 2187 [emphasis added]. 
This decision affects not only all persons in institutions and 
segregated settings, but also people with disabilities who are at risk 
of institutionalization, including people with disabilities on waiting 
lists to receive community based services and supports.
    The Court indicated that one way states can show they are meeting 
their obligations under the ADA and the Olmstead decision is to develop 
a ``comprehensive, effectively working plan for placing qualified 
people with mental disabilities in less restrictive settings.'' 
Olmstead at 2179. Based on this, almost all states are in the process 
of developing, or have already developed such plans.
    In support of these state efforts, President George W. Bush issued 
Executive Order 13217: Community-Based Alternatives for Individuals 
with Disabilities (the Olmstead Executive Order) on June 18, 2001, in 
which he extended application of the Supreme Court's Olmstead decision 
to all Americans with disabilities, and called upon selected Federal 
agencies, including the U.S. Department of Labor, to help support 
governors in their implementation of the Olmstead decision. In support 
of these state efforts and in response to the direction set forth in 
Executive Order 13217, the ODEP is issuing this SGA for WorkFORCE 
Action Grants.
    In March 2002, the U.S. Secretary of Health and Human Services, 
Tommy G. Thompson, submitted a report to President Bush, titled 
Delivering on the Promise, on behalf of the Departments of Labor (DOL), 
Justice (DOJ), Education (ED), Health and Human Services (HHS), Housing 
and Urban Development (HUD), Transportation (DOT), Veterans Affairs 
(VA), the Social Security Administration (SSA) and the Office of 
Personnel Management (OPM). This report detailed actions being planned 
by the aforementioned agencies to eliminate barriers and promote 
community integration. See http://www.hhs.gov/newfreedom/final. In this 
report, the DOL and other Federal agencies noted that successful 
Olmstead planning and implementation efforts must include competitive 
employment and employment-related supports. Delivering on the Promise 
identifies several key concerns related to employment that must be 
addressed, including:
    [sbull] Fragmentation of existing employment services;
    [sbull] Isolation and segregation of people with disabilities from 
``mainstream'' or generic employment programs and services;
    [sbull] Lack of access to health insurance;
    [sbull] The complexity of existing work incentives that are meant 
to encourage and/or support work efforts;
    [sbull] Lack of control and choice in selecting employment training 
and service providers;
    [sbull] Inadequate work opportunities resulting from attitudinal 
barriers based on historical and erroneous stereotypes; and
    [sbull] Lack of accurate data on employment of people with 
disabilities needed to measure progress in eliminating barriers to 
their employment.
    Many strategies exist for creating and expanding competitive 
employment opportunities in the community, including those for 
individuals who have been segregated in institutions, nursing homes, 
sheltered workshops and day activity programs. Many promising 
strategies have emerged through decades of research and demonstration 
projects, and through other public and private activities promoting 
increased choice and self-determination for people with disabilities. 
These include multiple ``customized'' employment approaches such as 
supported employment and supported entrepreneurship; individualized job 
development; job carving and restructuring; use of personal agents 
(including individuals with disabilities and family members); 
development of micro-boards, micro-enterprises, cooperatives and small 
businesses; and the use of personal budgets and other forms of 
individualized funding that provide choice and control to the person 
and promote self-determination.
    Accordingly, last year the ODEP awarded 12 WorkFORCE Coordinating 
Grants, totaling $1,599,910 and three WorkFORCE Action Grants, totaling 
$1,983,067. This initiative represented the ODEP's support for 
increasing and improving employment opportunities for the population 
covered by the Olmstead decision, and is demonstrating that such 
individuals can successfully achieve employment and participate in 
community life.
    The additional WorkFORCE Action Grants represented by this SGA are 
meant to build on the ODEP's existing WorkFORCE Grant Initiative. 
Expanding the number of projects funded under the WorkFORCE Grant 
Initiative will enhance the development of information that can inform 
the policy development activities of the ODEP, and provide an 
opportunity for implementation of projects designed under the WorkFORCE 
Coordinating Grants awarded by the ODEP last year. Additionally, these 
grants support the President's New Freedom Initiative. The New Freedom 
Initiative is designed to increase the number of people with 
disabilities who enter, re-enter, and remain in the workforce. By 
emphasizing the need to increase the capacity of federally-supported 
employment and training programs to serve people with significant 
disabilities, including those covered by the Olmstead decision and 
Executive Order, the current SGA will further the New Freedom 
Initiative's goals of increased integration of Americans with 
disabilities into the workforce.
    The grants awarded under this SGA will also complement other 
Federal and state initiatives already underway to make working and 
living in the community a reality for more people with disabilities, 
including the state planning and implementation efforts under the U.S. 
Supreme Court's Olmstead decision; the Olmstead Executive Order; the 
Department of Health and Human Services Systems Change Grants; the ODEP 
Work Incentive, Customized Employment, and Technical Assistance and 
Training to Providers initiatives; and other related grant 
opportunities and efforts by the DOL, the HHS, and the SSA under the 
Workforce Investment Act

[[Page 32108]]

(WIA) and the Ticket to Work and Work Incentives Improvement Act 
(TWWIIA). The WorkFORCE grants will utilize the resources and 
incentives of these and other initiatives to create competitive 
employment opportunities for individuals eligible under the Olmstead 
decision and the Executive Order. The resulting employment 
opportunities for people with disabilities eligible for these programs 
are essential to accomplish the goal of full integration within the 
community.
    In addition, these grants will support implementation of 
coordinated workforce development envisioned under the WIA. The WIA 
established comprehensive reform of existing Federal job training 
programs, consolidating multiple programs into a unified system and 
bringing multiple Federal programs together as required partners in the 
One-Stop delivery system established under the WIA. The One-Stop 
Centers, which comprise the heart of this system, are in a position to 
expand employment opportunities for people with disabilities by helping 
to ensure that the workforce system is accessible both physically and 
programmatically. To accomplish this, however, additional state and 
local organizations must be involved, including community based 
providers of customized employment services. Additional partners 
necessary to the success of this endeavor for people with disabilities 
include, but are not limited to, the following: State programs for 
individuals with cognitive and developmental disabilities; Medicaid; 
mental health and substance abuse agencies and organizations; 
transportation and assistive technology providers; Small Business 
Development Centers; secondary education programs; community colleges; 
University Centers for Excellence in Developmental Disabilities; 
foundations; and faith-based and community organizations.
    In particular, it is essential that One-Stop Centers have available 
a variety of eligible training providers in their respective 
communities to meet the needs of individuals seeking employment. This 
includes faith-based and community organizations with expertise in 
customized employment strategies for assisting people with disabilities 
to achieve choice-based employment. Such innovative partnerships with 
the One-Stop system hold the promise of dramatically increasing both 
employment and wages for people with disabilities, in part by 
increasing their choices for integrated, competitive employment, 
business ownership, entrepreneurship, and other customized employment 
options.
    In response to these considerations and in view of the potential 
resources described above, the ODEP will continue its Working for 
Freedom, Opportunity and Real Choice through Community Employment 
(WorkFORCE) Grant Initiative by awarding WorkFORCE Action Grants that 
develop and/or expand the capacity of communities to provide 
individually determined, customized employment, in partnership with the 
workforce development system.

Part IV. Funding Availability and Period of Performance

    The ODEP anticipates awarding up to 6 grants, ranging from 
approximately $400,000 to $625,000 per year, totaling $2.5 million, to 
develop demonstration programs to support the development and 
coordination of customized community employment opportunities in non-
stereotypical jobs for people with disabilities who want to: (1) Move 
from nursing homes, residential facilities, or other segregated 
environments into the community; (2) continue living in the community; 
(3) achieve economic self-sufficiency; and (4) attain full access to, 
and participation in, their communities. This grant initiative is 
founded in the belief that to fully participate in community life, such 
individuals must have the opportunity for employment.
    These demonstration grants will be awarded for one year, with four 
additional option years possible, depending upon the availability of 
funds and the efficacy of grant activities, established by independent 
reviews conducted by the ODEP or its designees. It is envisioned that 
if funding continues for the full five years, the funding for years 
four and five will be at successively lower rates with funding during 
year four at 80 percent of the third year funds, and funding during 
year five at 60 percent of the third year funds. Grantees are expected 
to use this grant to leverage and develop other public and private 
resources to ensure sustainability.

Part V. Eligible Applicants and Required Partnerships

Eligible Applicants

    Eligible applicants for these demonstration grants are non-profit 
organizations including faith-based and community organizations 
(although not 501(c)(4) entities subject to the Lobbying Disclosure 
Act). To be determined eligible, applicants must:
    1. Successful applicants must indicate their intent to register as 
eligible training providers in their states and coordinate with their 
local One-Stop Career Center(s);
    2. In addition, successful applicants will not utilize certificates 
authorized under section 14(c) of the Fair Labor Standards Act in their 
implementation of project activities and will utilize only individually 
determined customized employment strategies in securing employment for 
the target population.

Required Partnerships

    The purpose of the WorkFORCE Action Grants is to demonstrate the 
employment potential of people with disabilities through techniques for 
accomplishing community employment in non-stereotypical integrated 
settings, utilizing customized employment strategies. These efforts 
must include the involvement of many key partners, especially those 
with direct involvement in their area's One-Stop Career Centers.
    The target populations to be served are people with disabilities 
who are either unemployed or under-employed and who are:
    [sbull] In non-work (i.e., day activity, social clubs), segregated 
work, or transitioning to work settings; or,
    [sbull] Expected to be or are determined to be covered under the 
Olmstead decision and Executive Order and therefore part of the state 
overall Olmstead planning and implementation process; or,
    [sbull] Awaiting employment services and supports following a move 
from a residential facility, or as part of a plan to move into a 
community under the Supreme Court's decision in Olmstead and the 
Olmstead Executive Order.
    In addition, this program is subject to the provisions of the 
``Jobs for Veterans Act,'' Public Law 107-288, which provides priority 
of service to veterans and certain of their spouses in all Department 
of Labor-funded job training programs. Please note that, to obtain 
priority of service, a veteran must meet that program's eligibility 
requirements. Comprehensive policy guidance is being developed and will 
be issued in the near future.
    The target groups to be served by these grants are intended to be 
those persons with disabilities who are both defined above and who have 
been among the hardest to serve due to low expectations for employment, 
lack of employment skills, limited independent living experiences or 
other individualized needs and supports.
    Applicants must:
    1. Submit a letter signed by their state's governor, or his or her 
designee for overall Olmstead implementation, that the proposed grant 
activities will be regarded as an official demonstration

[[Page 32109]]

program playing a vital role in the state's Olmstead employment 
implementation effort(s). Moreover, this letter must describe how the 
lessons learned under implementation of the WorkFORCE Action Grant will 
be utilized to benefit other communities throughout the state, and 
thereby provide expanded customized community employment options for 
people who are covered under the Olmstead decision and Executive Order.
    2. Grant applications must include evidence of current 
collaboration and partnerships with a wide variety of state agencies, 
entities and individuals. Some of the agencies and organizations that 
should be considered for inclusion are:
    [sbull] Employment and training agencies;
    [sbull] State and local Workforce Investment Boards and their One-
Stop Career Centers;
    [sbull] State agencies for substance abuse, vocational 
rehabilitation, education, Medicaid, mental retardation, mental health, 
public health, and Temporary Assistance for Needy Families (TANF);
    [sbull] State Developmental Disability Councils and University 
Centers for Excellence in Developmental Disabilities;
    [sbull] Small Business Development Centers,
    [sbull] Independent Living programs;
    [sbull] Community colleges, benefits counseling and assistance 
programs;
    [sbull] Lending and financial institutions, whose expertise, 
services, or funds could contribute to employment services and supports 
needed to secure competitive, customized community employment outcomes 
for the target group;
    [sbull] Faith-based and community organizations;
    [sbull] Community rehabilitation providers;
    [sbull] Family members, consumers, employers, and any other key 
agencies or constituencies needed to offer a comprehensive service 
delivery model.

Part VI. Format Requirements for Grant Application

General Requirements

    Applicants must submit one (1) paper copy with an original 
signature and two (2) additional paper copies of their signed proposal. 
To aid with the review of applications, USDOL also encourages 
Applicants to submit an electronic copy of their proposal on a disc or 
CD using Microsoft Word. Applicants who do not provide an electronic 
copy will not be penalized. The Application Narrative must be double-
spaced with standard one-inch margins (top, bottom, and sides) on 8\1/
2\ x 11 papers, and be presented on single-sided, numbered pages with 
the exception of format requirements for the Executive Summary. The 
Executive Summary must be limited to no more than two single-spaced, 
single-sided pages on 8\1/2\ x 11 papers with standard one-inch margins 
(top, bottom, and sides) throughout. A font size of at least twelve 
(12) pitch is required throughout. Applications that fail to meet these 
requirements will be considered non-responsive.
    The three required sections of the application are:

Section I--Project Financial Plan
Section II--Executive Summary--Project Synopsis
Section III--Project Narrative (including Attachments, not to exceed 
seventy-five (75) pages)

    Mandatory requirements for each section are provided as follows in 
this application package. Applications that fail to meet the stated 
mandatory requirements of each section will be considered non-
responsive.

Mandatory Application Requirements

    [sbull] Section I. Project Financial Plan (Budget) [The Project 
Financial Plan will not count against the application page limits.] 
Section I of the application must include the following three required 
parts:
    (1) Completed ``SF 424--Application for Federal Assistance'' (See 
Appendix A of this SGA for required form.)
    (2) Completed ``SF 424A--Budget Information Form'' by line item for 
all costs required to implement the project design effectively. (See 
Appendix B of this SGA for required forms.)
    (3) Budget Narrative and Justification that provides sufficient 
information to support the reasonableness of the costs included in the 
budget in relation to the service strategy and planned outcomes.
    The application must include one SF-424 with the original 
signatures of the legal entity applying for grant funding and two 
additional copies. Applicants shall indicate on the SF-424 the 
organization's IRS status, if applicable. Under the Lobbying Disclosure 
Act of 1995, section 18 (29 U.S.C. 1611), an organization described in 
section 501(c)(4) of the Internal Revenue Code of 1986 that engages in 
lobbying activities will not be eligible for the receipt of Federal 
funds constituting an award, grant, or loan. (See 2 U.S.C. 1611; 26 
U.S.C. 501(c)(4).) For item 10 of the SF-424, the Catalog of Federal 
Domestic Assistance (CFDA) number for the program is 17.720.
    The Budget Narrative and Justification must describe all costs 
associated with implementing the project that are to be covered with 
grant funds. Grantees must support the travel and associated costs with 
sending at least one representative to the annual ODEP Policy 
Conference for Grantees, to be held in Washington, DC, at a time and 
place to be determined. Grantees must comply with the ``Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments,'' (also known as the ``Common Rule'') 
codified at 29 CFR part 97, and ``Grants and Agreements with Institutes 
of Higher Education, Hospitals, and Other Non-Profit Organizations 
(also known as OMB Circular A-110), codified at 29 CFR part 95 and must 
comply with the applicable OMB cost principles circulars, as identified 
in 29 CFR 95.27 and 29 CFR 97.22(b).
    Grantees may use funds in a flexible manner, as determined 
appropriate by input from stakeholders and identified needs, so long as 
requirements for outcome and evaluation data and other requirements of 
Federal statutes, regulations, administrative requirements, and OMB 
circulars and the requirements delineated in this SGA are met.
    In addition, the budget must include on a separate page a detailed 
cost analysis of each line item. Justification for administrative costs 
must be provided. Approval of a budget by the DOL is not the same as 
the approval of actual costs. The individual signing the SF-424 on 
behalf of the applicant must represent and be able to legally bind the 
responsible financial and administrative entity for a grant should that 
application result in an award. The applicant must also include the 
Assurances and Certifications Signature Page (Appendix C).
    [sbull] Section II. Executive Summary--Project Synopsis (The 
Executive Summary is limited to no more than two single-spaced, single-
sided pages on 8\1/2\ x 11 paper with standard margins throughout). 
Each application shall include a project synopsis that identifies the 
following:
    [sbull] The applicant;
    [sbull] The amount of funds requested;
    [sbull] The planned period of performance;
    [sbull] The list of partners, as appropriate;
    [sbull] An overview of how the applicant will identify the 
population to be served (including the estimated number and types of 
disability), the environments such individuals are currently 
experiencing (such as institutions, nursing homes, segregated day 
programs, etc.), and methods that will be used to promote community 
employment, including customized

[[Page 32110]]

employment strategies listed in this SGA; and
    [sbull] An overview of the plan for sustainability once Federal 
funding ceases.
    [sbull] Section III. Project Narrative (The Project Narrative plus 
attachments are limited to no more than seventy-five (75), 8\1/2\ x 11 
pages, double-spaced with standard one-inch margins (top, bottom, and 
sides), and must be presented on single-sided, numbered pages. Note: 
The Financial Plan, the Executive Summary, and the Appendices are not 
included in the seventy-five (75)-page limit.) The requirements for the 
project narrative are described below under Part VII--Statement of 
Work.
    All text in the application narrative, including titles, headings, 
footnotes, quotations, and captions, as well as all text in charts, 
tables, figures, and graphs must be double-spaced (no more than three 
lines per vertical inch); and, if using a proportional computer font, 
use no smaller than a 12-point font, and an average character density 
no greater than 18 characters per inch (if using a non-proportional 
font or a typewriter, do not use more than 12 characters per inch). 
Applications that fail to meet these requirements will be considered 
non-responsive.

Part VII. Government Requirements/Statement of Work [Project Narrative]

    The purpose of the WorkFORCE Action Grants is to demonstrate the 
employment potential of people with disabilities through techniques for 
accomplishing community employment in non-stereotypical integrated 
settings, utilizing customized employment strategies. These efforts 
must include the involvement of many key partners, especially those 
with direct involvement in their area's One-Stop Career Centers, as 
described in Section V above.
    For purposes of this solicitation, customized employment means 
individualizing the employment relationship between employees and 
employers in ways that meet the needs of both. It is based on an 
individualized determination of the strengths, needs, and interests of 
the person with a disability, and is also designed to meet the specific 
needs of the employer. It may include approaches such as supported 
employment; supported entrepreneurship; individualized job development; 
job carving and restructuring; use of personal agents (including 
individuals with disabilities and family members); development of 
micro-boards, micro-enterprises, cooperatives and small businesses; and 
use of personal budgets and other forms of individualized funding that 
provide choice and control to the person and promote self-
determination. These and other job development or restructuring 
strategies result in job responsibilities being customized and 
individually negotiated to fit the needs of individuals with 
disabilities. Customized employment assumes the provision of reasonable 
accommodations and supports necessary for the individual to perform the 
functions of a job that is individually negotiated and developed.
    Each applicant for these grants shall describe its plan for 
expanding capacity for, and provision of, customized employment 
opportunities to the target groups as defined in Part V above.
    The Project Narrative, or Section III of the grant application, 
should provide complete information on how the applicant will address 
the following DOL priorities for fiscal year 2003:
    (1) Increase the availability of skill training, employment 
opportunities and career advancement for persons with disabilities; and
    (2) Develop comprehensive One-Stop Centers, which are welcoming and 
are valued providers of choice by customers with disabilities seeking 
workforce assistance by assuring the availability of staff trained on 
disability issues, personalized employment counseling, knowledgeable 
support that addresses employment barriers and work incentives, and the 
availability of accommodations and technologies for diverse 
disabilities.
    Proposals will be rated based upon the quality of the applicant's 
response in addressing the four criteria described below in terms of a 
comprehensive strategic approach that addresses the ODEP's priorities 
noted above. The four criteria (Statement of Need/National 
Significance, Comprehensive Service Strategy, Sustainability, and 
Management Plan and Outcomes) MUST be addressed and the applicant's 
accomplishments or status with regard to each item provided.
    The ODEP, however, does not expect the applicant to fully 
incorporate every item listed as part of their strategy and proposal 
design. The ODEP recognizes that the needs and requirements of each 
state and community may be different, and therefore, some of the 
options identified may be more relevant than others in a particular 
state.

1. Statement of Need/Significance of the Project (15 Points)

    The purpose of the Statement of Need criteria is to establish the 
overall status of disability issues relevant to the targeted population 
in the applicant's state; to identify strengths and deficiencies to be 
addressed by the applicant's proposal; to identify the overall scope of 
the proposal's objectives and design; to present the applicant's need 
for the grant resources; to demonstrate significance of the proposed 
project; and to demonstrate the current and proposed partnerships and 
collaborative efforts to develop or demonstrate promising new 
strategies, practices, and/or innovations. The narrative in this 
section should include:
    (1) The potential contribution of the proposed project to increase 
knowledge or understanding of problems, issues, or effective strategies 
for community-based organizations and other potential partners to use 
customized employment strategies to increase employment, choice and 
wages, and influence systems change for the Olmstead covered 
population.
    (2) The extent to which the applicant demonstrates an understanding 
of the issues the state and proposed geographic area are currently 
facing in their overall Olmstead implementation efforts;
    (3) The extent to which the applicant demonstrates a clear 
understanding of customizing employment and the range of strategies it 
can incorporate;
    (4) The extent to which the proposed project is likely to yield 
findings that may be used by other appropriate agencies and 
organizations;
    (5) The extent to which the proposed project involves the 
development or demonstration of promising new strategies that build 
upon, or are alternatives to, existing strategies;
    (6) The extent to which the promising practices of the proposed 
project will be disseminated in ways that will enable others to use the 
information or strategies;
    (7) The potential replicability (national significance) of the 
proposed project or strategies, including, as appropriate, the 
potential for implementation in a variety of settings; and
    (8) The importance or magnitude of the results, which are likely to 
be attained by the proposed project.
    In evaluating the quality of the proposal narrative, the ODEP will 
consider the applicant's identified needs and proposed approaches to 
addressing the needs in the context of the ODEP's priorities.

2. Comprehensive Service Strategy (30 Points)

    The purpose of the Comprehensive Service Strategy criteria is to 
identify the approach proposed by the grantee to implement the 
WorkFORCE Action Grant. In general, this requires extensive

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linkages and on-site knowledge of applicable resources that address 
multiple disability issues and barriers to community integration and 
employment that are commonly experienced by the Olmstead covered 
population.
    A. Staff Capacity--the applicant must:
    (1) Describe the proposed staffing of the project. Identify how it 
will ensure that trained staff with adequate knowledge of diverse 
disabilities, knowledge of diverse customized employment strategies, 
and employment-related experience for the target population will be 
available to provide grant related services.
    (2) Summarize the qualifications, including relevant education, 
training and experience of key project personnel, as well as project 
consultants or subcontractors, including their qualifications, relevant 
training and experience. Attach copies of resumes in the Appendices.
    (3) Describe the applicant's experience in serving people with 
disabilities and in providing customized employment services.
    (4) Describe the extent to which the time commitments of the 
project director and principal investigator and other key project 
personnel are appropriate and adequate to meet the objectives of the 
proposed project.
    B. Proposed Project Design and its Evaluation--the application must 
address the proposed design for the WorkFORCE Action Grant, including 
its response to the requirements outlined in Part V (Eligible 
Applicants and Required Partnerships) of this Solicitation.
    The Project Design must:
    (1) Address the movement of individuals from segregated settings to 
customized employment opportunities in the community;
    (2) Work in coordination with their state's Olmstead lead agency on 
their state's overall Olmstead plan, and describe how they will 
contribute to the development of their state's plan and implementation 
strategy related to employment;
    (3) Integrate customized employment strategies with their state's 
employment programs and services, including existing services available 
through the One-Stop Centers, the state and local Workforce Investment 
Boards, and their partners;
    (4) Coordinate their efforts with existing Olmstead activities and 
programs including grant activities and initiatives funded by the SSA, 
the Centers for Medicaid and Medicare Services at HHS, and grant 
activities and initiatives funded by the Center for Mental Health 
Services of HHS;
    (5) Develop customized employment opportunities in a variety of 
occupations and industries based on the strengths, needs, and desires 
of the individual with a disability, including self-employment and 
entrepreneurship where appropriate. Services and supports must be 
organized in ways that provide informed choice and promote self-
determination;
    (6) Establish employer involvement; track and respond to customer 
service and satisfaction for both persons with disabilities and 
employers; and provide services, including follow-up services, to 
ensure job retention and career development;
    (7) Collaborate with other faith-based and community organizations 
in their state in order to expand opportunities for customized 
employment for the target group. This includes facilitating the 
availability and use of customized employment strategies by such 
organizations, as well as facilitating such organizations registering 
as eligible training providers with their local One-Stop Career 
Centers;
    (8) Educate relevant stakeholders and systems personnel about 
changes needed to increase customized community employment outcomes for 
individuals with disabilities;
    (9) Consider the usefulness of increasing the availability of 
personal agents and job development personnel offering customized 
services through customer-controlled approaches that result in 
customized employment. One possible area of focus could include 
demonstrating the effectiveness of paying family members or other 
individuals with disabilities to serve as personal agents when selected 
by the individual with a disability to assist in negotiating and 
implementing employment plans and services;
    (10) Incorporate use of funds leveraged across several systems 
available to people with disabilities through personal budgets and 
other forms of self-directed accounts.
    In evaluating the quality of the proposed project design, ODEP will 
also consider the following factors:
    (a) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable;
    (b) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population and other identified needs and the quality of the 
applicant's plans for recruiting and retaining the target population;
    (c) The extent to which the design of the proposed project provides 
procedures and approaches for collaboration and coordination with key 
agencies and organizations and identification of critical roles;
    (d) The extent to which the design of the proposed project provides 
clear understanding of and experience with utilization of customized 
employment strategies for increasing employment, choice and earnings of 
individuals with significant disabilities;
    (e) The extent to which the proposed project will be coordinated, 
including demonstrated support from the state governor or designated 
Olmstead agency and commitment from key organizations, employers, and 
agencies;
    (f) The extent to which the applicant encourages involvement of 
people with disabilities and their families, experts and organizations, 
and other relevant stakeholders in project activities;
    (g) The extent to which the design of the project will facilitate 
an increase in the number of faith-based and community organizations 
that register as eligible training providers or as providers of 
supplemental and supportive services with their local One-Stop Center;
    (h) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project;
    (i) The extent to which the management plan for project 
implementation is likely to achieve the objectives of the proposed 
project on time and within budget; and
    (j) The extent to which the proposed project design features 
innovative strategies to implement customized employment and choice.
    Letters of Commitment. Applicants can include letters of support if 
they provide specific commitments. Such letters can increase an 
applicant's score by showing that the commitments in the text of the 
proposal are serious. Form letters will not be considered. See also 
Part V.

3. Sustainability (25 Points)

    The purpose of the sustainability criteria is to identify 
strategies for ensuring that activities funded under the grant will 
continue once federal funding ceases. Sustainability objectives must be 
built into the project design and ongoing project operation. Applicants 
must:
    (1) Identify resources and partnerships that are an integral 
element of the project. Projects funded under this SGA must leverage a 
combination of Federal, state, and local public sector resources, as 
well as local non-profit sector resources for purposes of 
sustainability. Accordingly, in this section the applicant should 
enumerate

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these resources, describe any specific existing contractual 
commitments, and provide concrete evidence of sustainability;
    (2) Identify activities and in-kind elements of sustained support. 
ODEP considers detailed commitments for specific new activities as more 
important than promises of in-kind supports in showing sustained 
support for the project. Grants recently received from another agency 
can be discussed in the proposal, but the applicant should be precise 
about which activities preceded this grant and which will occur because 
of the grant;
    (3) Detail how Federal, state, and local public sector commitments 
contribute to the sustainability of this project following completion 
of the grant. Examples of such commitments could include: commitment 
from state vocational rehabilitation, one-stop center, state 
developmental disability, state Medicaid, or state general revenue 
funding to support expanded customized employment services for 
individuals securing employment through the agency; status as 
Employment Network under the Ticket to Work and Work Incentive 
Improvement Act providing customized employment services to eligible 
ticket-holders; private sector funding through foundations, financial 
or lending agencies, or other relevant collaborative arrangements for 
continuing provision or expansion of customized employment services in 
the community.
    In evaluating the quality of the plan for sustainability, ODEP will 
also consider the following factors to be of particular importance:
    (a) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the grant period, 
including the quality of the applicant's plans for implementing the 
project's activities in years four and five when Federal funding will 
be reduced.
    (b) The likelihood of the applicant successfully securing state 
ownership and participation in these projects when the grant funds 
cease.
    (c) The extent to which partnerships with outside entities 
(including public and private disability and faith-based and community 
organizations) and funding from additional Federal, state, and local 
resources will be effectively leveraged and utilized in continuing the 
WorkFORCE Action activities after the expiration of this grant. See 
Part V.

4. Management and Outcomes (30 Points)

    The purpose of the Management and Outcomes criteria is to determine 
whether the applicant has developed an adequate management plan to 
effectively carry out the objectives and scope of the proposed project 
on time and within budget, to describe the predicted outcomes resulting 
from activities funded under this SGA, and to identify the ``methods of 
evaluation'' that will be used by the grantee to determine success.
    Applicants should provide a detailed management plan, which 
identifies the critical activities, time frames, and responsibilities 
for effectively implementing the project, including the evaluation 
process for assuring successful implementation of grant objectives.
    In addition, applicants should outline the strategy for documenting 
and reporting the activities undertaken during the life of the grant 
for the ODEP's future use in working with other grantees and 
constituencies.
    In evaluating the management and outcomes criteria, the ODEP 
considers the following factors to be of particular importance:
    (a) The extent to which the proposed budget and narrative 
justifications are adequate to support the proposed project;
    (b) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project;
    (c) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies;
    (d) The extent to which the evaluation will provide information to 
other programs about effective strategies suitable for replication or 
testing in other settings;
    (e) The extent to which the methods of evaluation include the 
objective use of performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data;
    (f) The extent to which the methods of evaluation measure in both 
quantitative and qualitative terms, program results and satisfaction of 
customers, both people with disabilities and employers;
    (g) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project;
    (h) The extent to which the principal investigator and other key 
personnel are appropriate and adequate to meet the objectives of the 
proposed projects;
    (i) The extent to which the budget is adequate to support and 
sustain the proposed project activities over the projected five-year 
period.
    (j) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.

Part VIII. Monitoring and Reporting

Monitoring

    The ODEP is responsible for ensuring the effective implementation 
of each competitive grant project in accordance with the provisions of 
this announcement and the terms of the grant award document.
    Applicants should assume that ODEP staff, or their designees, will 
conduct on-site project reviews periodically. Reviews will focus on 
timely project implementation, performance in meeting the grant's 
programmatic goals and objectives, expenditures of grant funds on 
allowable activities, integration and coordination with other resources 
and service providers in the local area, project management and 
administration of project activities. WorkFORCE Action Grants may be 
subject to other additional reviews at the discretion of the ODEP.

Reporting

    Grantees will be required to submit quarterly financial and 
narrative progress reports. In addition, all grantees will be expected 
to provide information on individuals with disabilities securing 
employment through use of customized strategies (including information 
on types of jobs, wages, and benefits secured by specific individuals 
with disabilities) and other areas addressed through the linkages and 
networks facilitated by project activities.
    Grantees will be required to submit periodic financial and 
participation reports. Specifically the following reports will be 
required:
    A. Quarterly reports: The quarterly report is estimated to take ten 
hours to complete. The form for the Quarterly Report will be provided 
by the ODEP. The ODEP will work with the grantee to help refine the 
requirements of the report, which will, among other things, include 
measures of ongoing analysis for continuous improvement and customer 
satisfaction.
    B. Standard Form 269; Financial Status Report Form (FSR) will be 
completed on a quarterly basis, using the on-line electronic reporting 
system.
    C. Final Project Report: The final report will include an 
assessment of project performance and outcomes achieved. The final 
report is estimated to take 20 hours. This report will be submitted in 
hard copy and on electronic disk using a format and

[[Page 32113]]

following instructions, which will be provided by the DOL. A draft of 
the final report is due to the ODEP 45 days before the termination of 
the grant. The final report is due to the DOL 60 days following the 
termination of the grant.
    All grantees must agree to cooperate with an independent evaluation 
to be conducted by the ODEP. The ODEP will arrange for and conduct this 
independent evaluation of the outcomes, impacts, and accomplishments of 
each funded project. Grantees must agree to make available records on 
all parts of project activity, including participant employment and 
wage data, and to provide access to personnel, as specified by the 
evaluator(s), under the direction of the ODEP. This independent 
evaluation is separate from the ongoing evaluation for continuous 
improvement required of the grantee for project implementation. The 
ODEP's evaluation of the WorkFORCE Action Grants includes a process 
evaluation that includes extensive information pertaining to 
achievements under the grant, summary information, number of people 
with disabilities receiving services, number of people employed through 
the One-Stop system and other sources.
    Grantees must also agree to work with the ODEP in its various 
technical assistance efforts in order to freely share with others what 
is learned about delivering customized employment services to the 
Olmstead population. Grantees must agree to collaborate with other 
research institutes, centers, studies, and evaluations that are 
supported by the DOL and other relevant Federal agencies, as 
appropriate. Finally, Grantees must agree to actively utilize the 
programs sponsored by the ODEP, including the Job Accommodation 
Network, (http://www.jan.wvu.edu), and the Employer Assistance Referral 
Network (http://www.earnworks.com).

Part IX. Review Process and Evaluation Criteria

    All applications will be reviewed for compliance with the 
requirements of this notice. A careful evaluation of applications will 
be made by a technical review panel, which will evaluate the 
applications against the rating criteria listed in this SGA. The panel 
results are advisory in nature and not binding on the Grant Officer. 
The ODEP may elect to award grants with or without discussion with the 
offeror. In situations without discussions, an award will be based on 
the offeror's signature on the SF-424, which constitutes a binding 
offer. The Grant Officer may consider any information that is available 
and will make final award decisions based on what is most advantageous 
to the Government, considering such factors as:
    [sbull] Panel findings;
    [sbull] Geographic distribution of the competitive applications and 
based on location of the existing Olmstead WorkFORCE Action Grants 
(Boston, MA; Peoria, IL; and, Decatur, GA) and;
    [sbull] Assuring a variety of program designs; and
    [sbull] Availability of funds

X. Administration Provisions

A. Administrative Standards and Provisions

    Grantees are strongly encouraged to read these regulations before 
submitting a proposal. The grant awarded under this SGA shall be 
subject to the following as applicable:
    [sbull] 29 CFR part 95--Grants and Agreements With Institutions of 
Higher Education, Hospitals, and Other Non-Profit Organizations, and 
With Commercial Organizations, Foreign Governments, Organizations Under 
the Jurisdiction of Foreign Governments, and International 
Organizations;
    [sbull] 29 CFR part 96-- Audit Requirements for Grants, Contracts, 
and Other Agreements.
    [sbull] 29 CFR part 97--Uniform Administrative Requirement for 
Grants and Cooperative Agreements to State and Local Governments.

B. Allowable Cost

    Determinations of allowable costs shall be made in accordance with 
the following applicable Federal cost principles:

[sbull] State and Local Government--OMB Circular A-87
[sbull] Nonprofit Organizations--OMB Circular A-122
[sbull] Profit-Making Commercial Firms--48 CFR part 31

    Profit will not be considered an allowable cost in any case.

C. Grant Assurances

    As a condition of the award, the applicant must certify that it 
will comply fully with the nondiscrimination and equal opportunity 
provisions of the following laws:
    [sbull] 29 CFR Part 31--Nondiscrimination in Federally-assisted 
programs of the Department of Labor, effectuation of Title VI of the 
Civil Rights Act of 1964.
    [sbull] 29 CFR Part 32--Nondiscrimination on the Basis of 
Disability in Programs and Activities Receiving or Benefiting from 
Federal Assistance. (Implementing section 504 of the Rehabilitation 
Act, 29 U.S.C. 794)
    [sbull] 29 CFR Part 36--Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial 
Assistance. (Implementing title IX of the Education Amendments of 1972, 
20 U.S.C. 1681 et seq.)
    [sbull] 29 CFR Part 37--Nondiscrimination and Equal Opportunity 
Provisions of the Workforce Investment Act of 1998 (WIA), (Implementing 
Section 188 of the Workforce Investment Act, 29 U.S.C. 2938)
    The applicant must include assurances and certifications that it 
will comply with these laws in its grant application. The assurances 
and certifications are attached as Appendix C.

    Signed at Washington, DC, this 20th day of May, 2003
Lawrence J. Kuss,
Grant Officer.

Appendix A. Application for Federal Assistance, Form SF-424
Appendix B. Budget Information Sheet, Form SF-424A
Appendix C. Assurances and Certifications Signature Page
Appendix D. Survey on Ensuring Equal Opportunity
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[FR Doc. 03-13400 Filed 5-28-03; 8:45 am]
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