[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43167-43189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18257]


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DEPARTMENT OF LABOR

Office of the Secretary


Strengthening Labor Systems In Central America

AGENCY: Bureau of International Labor Affairs, Department of Labor.

ACTION: Notice of availability of funds and solicitation for grant 
application (SGA 03-20).

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SUMMARY: This notice contains all of the necessary information and 
forms needed to apply for grant funding. The U.S. Department of Labor 
(USDOL), Bureau of International Labor Affairs (ILAB), announces the 
availability of funds to be granted by cooperative agreement (hereafter 
referred to as ``grant'') to one or more qualifying organizations. 
USDOL will award up to U.S. $6.75 million through one or more grants to 
an organization or organizations to improve labor law compliance in the 
Central American region (Costa Rica, El Salvador, Guatemala, Honduras, 
and Nicaragua) by strengthening the capacity of labor ministries to 
enforce national labor laws and increasing knowledge among employers 
and workers of their responsibilities and rights under such laws. 
Proposals must be regional in scope and respond to the entire Statement 
of Work as contained in section III, but applicants will not be 
penalized for lacking previous experience with regional projects. For 
example, organizations with experience in only one country will be 
judged based on the success they achieved in that country and their 
proposal for how they plan to work successfully throughout the rest of 
the targeted region. Partnerships between more than one organization 
are also eligible and encouraged, in particular with qualified, 
regionally-based organizations in order to build local capacity, 
although in such a case a lead organization must be identified.

DATES: The closing date for receipt of applications is Friday, August 
22, 2003. Applications must be received by 4:45 p.m. (Eastern Time) at 
the address below.

ADDRESSES: Application forms will not be mailed. They are published as 
part of this Federal Register notice and in the Federal Register, which 
may be obtained from your nearest U.S. Government office or public 
library or online at http://www.archives.gov/federal_register/index.html. Applications must be delivered to: U.S. Department of 
Labor, Procurement Services Center, 200 Constitution Avenue, NW, Room 
N-5416, Attention: Lisa Harvey, Reference: SGA 03-20, Washington, DC 
20210.
    Applications sent by e-mail, telegram, or facsimile (FAX) will not 
be accepted. Applications sent by other delivery services, such as 
Federal Express, UPS, etc., will be accepted; the applicant, however, 
bears the responsibility for timely submission. Applications that do 
not meet the conditions set forth in this notice will not be honored. 
No exceptions to the mailing and delivery requirements set forth in 
this notice will be granted.

FOR FURTHER INFORMATION CONTACT: Lisa Harvey, e-mail address: 
[email protected], tel: (202) 693-4570 (this is not a toll-free 
number).

I. Authority

    ILAB is authorized to award and administer this program by the 
Consolidated Appropriations Resolution, 2003, Public Law 108-7, 117 
Stat. 11 (2003).

II. Application Process

A. Eligible Applicants

    Any commercial, international, educational, or not-for-profit 
organization (including faith-based organizations) with experience 
effectively implementing projects in the relevant technical field(s) 
and working with foreign national government ministries, regional and 
local government entities, employers and employer organizations, 
workers and labor organizations, and non-governmental and community-
based organizations is eligible for this grant(s). All applicants are 
requested to complete the Survey on Ensuring Equal Opportunity for 
Applicants (OMB No. 1225-0083) (see Appendix A). Labor

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ministries are the primary government entities that will be involved, 
but projects may also include ministries for education, social affairs, 
commerce, finance, and those working with special targeted populations 
such as youth, women, persons with disabilities or minorities. 
Partnerships of more than one organization are also eligible and 
encouraged, in particular with qualified regionally-based organizations 
to further build local capacity, although in such a case a lead 
organization must be identified. The capability of an applicant, 
partners, and co-applicants to perform necessary aspects of this 
solicitation will be determined under section XI--Review and Selection 
of Applications for Award.
    Please note that to be eligible, grant applicants classified under 
the Internal Revenue Code as a 501(c)(4) entity (see 26 U.S.C. 
501(c)(4)), may not engage in lobbying activities. According to the 
Lobbying Disclosure Act of 1995, as amended by 2 U.S.C. 1611, an 
organization, as described in section 501(c)(4) of the Internal Revenue 
Code of 1986, that engages in lobbying activities shall not be eligible 
for the receipt of federal funds constituting an award, grant, or loan.

B. Submission of Applications

    One (1) blue ink-signed original, complete application in English 
plus two (2) copies of the application must be submitted to the U.S. 
Department of Labor, Procurement Services Center, 200 Constitution 
Avenue, NW., Room N-5416, Washington, DC 20210, no later than 4:45 p.m. 
Eastern Time on the established due date. To aid with review of 
applications, Applicants may elect to submit three (3) additional paper 
copies of the application (five total). Applicants who do not provide 
additional copies will not be penalized.
    The application must consist of two (2) separate parts. Part I of 
the application must contain the Standard Form (SF) 424, ``Application 
for Federal Assistance'' and sections A-F of the Budget Information 
Form SF 424A (see Appendix A). These forms are also available at http://www.whitehouse.gov/omb/grants. Part II must contain a technical 
proposal that demonstrates capabilities in accordance with the 
statement of work (section III) and the selection criteria (section 
XI). The application should include the name, address, telephone and 
fax numbers, and e-mail address (if applicable) of a key contact person 
at the applicant's organization in case questions should arise.
    To be considered responsive to this solicitation, the application 
must consist of the above-mentioned separate sections not to exceed 45 
single-sided (8\1/2\'' x 11'' or A4), double-spaced, 12-point font, 
typed pages for which a response is submitted. Major sections and 
subsections of the application should be divided and clearly identified 
(e.g., with tab dividers), and all pages shall be numbered. Applicants 
are required to propose that a project address ALL of the project 
objectives identified in the Statement of Work in section III. Any 
applications that do not conform to these standards may be deemed non-
responsive to this solicitation and may not be evaluated. The 
application must include a table of contents and an abstract 
summarizing the application in not more than two (2) pages. Standard 
forms, attachments, resumes, exhibits, letters of support, and the 
abstract are not counted towards the page limit. If an applicant 
exceeds the stated page limit, the review panel has the discretion to 
deduct 10 points.
    Upon completion of negotiations, the individual signing the SF 424 
on behalf of the applicant must be authorized to bind the applicant.

C. Acceptable Methods of Submission

    The grant application package must be received at the designated 
place by the date and time specified, or it will not be considered. 
Applications sent by e-mail, telegram, or facsimile (FAX) will not be 
accepted. Applications sent by other delivery services, such as Federal 
Express, UPS, etc., will be accepted; the applicant, however, bears the 
responsibility for timely submission. Applications that do not meet the 
conditions set forth in this notice will not be honored. No exceptions 
to the mailing, delivery, and hand-delivery conditions set forth in 
this notice will be granted.
    Any application received at the Office of Procurement Services 
after 4:45 pm Eastern Time on Friday, August 22, 2003 will not be 
considered unless it is received before the award is made and:
    [sbull] It was sent by registered or certified mail no later than 
the fifth calendar day before the closing date; or
    [sbull] It was sent by U.S. Postal Service Express Mail/Next Day 
Service from the post office to the addressee no later than 5 pm at the 
place of mailing two (2) working days (excluding weekends and Federal 
holidays), prior to the closing date; or
    [sbull] It is determined by the Government that the late receipt 
was due solely to mishandling by the Government after receipt at the 
U.S. Department of Labor at the address indicated.
    The only acceptable evidence to establish the date of mailing of a 
late application sent by registered or certified mail is the U.S. 
Postal Service postmark on the envelope or wrapper and on the original 
receipt from the U.S. Postal Service. If the postmark is not legible, 
an application received after the above closing time and date shall be 
processed as if mailed late. ``Postmark'' means a printed, stamped, or 
otherwise placed impression (not a postage meter machine impression) 
that is readily identifiable without further action as having been 
applied and affixed by an employee of the U.S. Postal Service on the 
date of mailing. Therefore, applicants should request that the postal 
clerk 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 U.S. Postal Service Express Mail/Next Day 
Service from the post office to the 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 postmark on the 
envelope or wrapper on the original receipt from the U.S. Postal 
Service. ``Postmark'' has the same meaning as defined above. Therefore, 
applicants should request that the postal clerk 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 time of receipt at 
the U.S. Department of Labor is the date/time stamp of the Procurement 
Service Center on the application wrapper or other documentary evidence 
or receipt maintained by that office.
    All applicants are advised that U.S. mail delivery in the 
Washington DC area has been slow and erratic due to concerns involving 
anthrax contamination. Applicants must take this into consideration 
when preparing to meet the application deadline. It is recommended that 
you confirm receipt of your application with your delivery service.

D. Funding Levels

    Up to U.S. $6.75 million is available for this project, and USDOL 
reserves the right to award more than one grant. USDOL may award one or 
more grants to one organization or several, or to a partnership of more 
than one organization. The award of any sub-contract will be subject to 
USDOL approval (see section IV).

E. Program Duration

    The duration of the project funded by this SGA is up to four (4) 
years. The start date of program activities will be

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negotiated upon award of the grant, which will take place no later than 
September 30, 2003.

III. Statement Of Work

    USDOL is seeking qualified organizations that will implement, in 
partnership with USDOL, a regional project in Central America (Costa 
Rica, El Salvador, Guatemala, Honduras, Nicaragua) to improve 
compliance with national labor laws by strengthening enforcement 
systems and increasing knowledge of labor laws among employers and 
workers. Specific project objectives are identified in section III.C. 
Applicants should submit proposals that are regional in scope and 
demonstrate the organization's capabilities to implement a project in 
accordance with the Statement of Work and the selection criteria. 
Applicants, however, will not be penalized for lacking previous 
experience working on regional projects. For example, organizations 
with experience in only one country will be judged based on the success 
they achieve in that country and their proposal for working 
successfully throughout the rest of the targeted region. USDOL 
encourages applicants to be creative in proposing innovative and cost-
effective interventions that will produce a demonstrable and 
sustainable impact.
    Funds will be provided by grant to qualifying organizations. The 
grant will be actively managed by USDOL/ILAB to assure achievement of 
the stated project objectives. The award of any sub-contract will be 
subject to USDOL policies and approval (see section IV).

    Note: Selection of an organization as a grantee does not 
constitute approval of the grant application as submitted. Before 
the actual grant is awarded, USDOL may enter into negotiations about 
such items as program components, funding levels, and administrative 
systems in place to support grant implementation. If the 
negotiations do not result in an acceptable submission, the Grant 
Officer reserves the right to terminate the negotiation and decline 
to fund the application. Award is also contingent upon signature of 
a letter of agreement between USDOL and relevant ministries in 
target countries.

A. Background and Problem Statement

    The United States and five Central American countries (Costa Rica, 
El Salvador, Guatemala, Honduras, and Nicaragua) are engaged in 
negotiations toward a comprehensive free trade agreement. In the area 
of labor, one of the objectives of the United States is to improve 
labor law compliance in the region by seeking an appropriate commitment 
from the Central American countries to effectively enforce their laws 
and to educate employers and workers about their obligations and rights 
under such laws.
    The Central American countries have requested further technical 
assistance from the U.S. to strengthen the capacity of their labor 
ministries to enforce labor laws. Among the specific areas identified 
by the countries for technical assistance are the promotion and 
dissemination of information on national labor laws and their 
application throughout the population, particularly among workers and 
employers; strengthening of labor inspection systems; and developing 
and strengthening alternative dispute resolution systems.
    Among the areas of concern cited in these and other sources and 
areas in which USDOL hopes to provide assistance, are:
    [sbull] The need to strengthen effective enforcement of labor laws.
    [sbull] The need to strengthen promotion of the freedom of 
association and collective bargaining principles.
    [sbull] The need to increase knowledge among employers and workers 
regarding national labor laws.
    [sbull] The need for the Ministries of Labor to receive sufficient 
resources from their national budgets to foster improved labor 
relations.
    Assessments of the current status of labor rights and their 
implementation in southern Africa are available in a variety of 
sources, among them the annual U.S. Department of State Report on Human 
Rights Practices; the recommendations of the Committee of Experts of 
the International Labor Organization's (ILO) Committee on the 
Application of Conventions and Recommendations; the recommendations of 
the ILO's Committee on Freedom of Association; and reports of the 
International Confederation of Free Trade Unions (ICFTU). USDOL/ILAB 
will post additional background information on its Web site at http://www.dol.gov/ilab/ gov/ilab/.

B. Target Population

    Applicants shall target labor ministries, employer organizations 
and/or individual employers, worker organizations and/or individual 
adult workers and youth of legal working age.

C. Objectives

    The Grantee(s) will implement, in partnership with USDOL, a project 
whose overarching objective is to improve labor law compliance in 
Central America through strengthened enforcement systems and increased 
knowledge of labor laws and their application among employers and 
workers.
    In order to ensure achievement of the project objective, the 
Grantee(s) will first, in conjunction with USDOL, evaluate countries' 
political will to address the key areas of concern outlined in the 
background section. Applicants should provide a plan for how they might 
approach the evaluation of these areas of concern issues and how this 
evaluation will shape project activities. In the Central American 
countries where the Grantee(s), in conjunction with USDOL, have decided 
according to the evaluation strategy that a country has demonstrated 
sufficient political will and progress to effectively address those 
concerns and sustain the impact of technical assistance beyond the life 
of the project, the Grantee(s) will provide assistance to achieve the 
following specific project objectives (i.e., ``immediate objectives''):
    Immediate Objective 1: Increased knowledge among workers and 
employers of national labor laws and of the available means to access 
labor ministry services to enforce the rights established by those 
laws, in particular:
    [sbull] The right to freedom of association;
    [sbull] The right to organize and bargain collectively;
    [sbull] The prohibition of the use of any form of forced or 
compulsory labor;
    [sbull] Labor protections for children and young people, including 
a minimum age for the employment of children and the prohibition and 
elimination of the worst forms of child labor; and
    [sbull] Legally-mandated conditions of work with respect to minimum 
wages, hours of work, and occupational safety and health.
    Achievement of this objective may be measured, in part, through an 
increased number of requests for Labor Ministry assistance as a direct 
result of the awareness campaign.
    Immediate Objective 2: Strengthen labor ministry inspection systems 
to effectively enforce national labor laws. This may be measured, in 
part, through (a) The introduction of a civil service and 
administrative career path and the institutional procedures and 
mechanisms necessary for its successful sustainability, (b) increased 
number of labor inspections, (c) improved quality and timeliness of 
inspectors' reporting, (d) increased corrective actions taken as a 
result of inspections, and (e) increased performance, motivation, and 
job satisfaction of labor inspectors.
    Immediate Objective 3: Create new or strengthen existing dispute 
resolution mechanisms within labor ministries (e.g., mediation, 
arbitration, alternative dispute resolution). This may be

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measured in part through: (a) Increased rate of settlement of disputes 
by the institutions and/or systems receiving project assistance, (b) 
increased willingness of tripartite partners to support and participate 
in programs that foster alternative dispute resolution, (c) reduction 
in the time required to reach a final settlement through the 
institutions and/or systems receiving project assistance, and (d) 
increased rate of compliance with settlements reached through the 
institutions and/or systems receiving project assistance.
    Relationship to USDOL Program Strategy: By helping to improve labor 
law compliance in Central America, the proposed project supports 
achievement of USDOL's GPRA goal (3.3b), ``to improve living standards 
and conditions of work for workers in developing and transition 
countries.''

D. Type of Work To Be Performed/Activities

    Applicants are responsible for developing a strategy for 
successfully achieving the above-stated objectives and addressing the 
problem(s) identified in the Background and Problem Statement, 
developing and implementing the major tasks and activities to be 
accomplished as part of that strategy, tracking and reporting on 
progress in achieving the stated objectives, and providing any 
necessary services. The Grantee(s) will be responsible for coordinating 
with other programs in the region, particularly USDOL-funded efforts 
that are working toward similar objectives, and adapt its Workplan to 
avoid duplication of activities.

E. Expected Outcomes/Project Outputs

    By the end of the grant period, the project will have increased 
labor law compliance in the five project countries through: (a) An 
increased knowledge of national laws, legal processes and their 
application among employers and workers and an increased number of 
requests to the labor ministry for assistance based on that knowledge, 
(b) the strengthened capacity of labor ministries to effectively 
enforce labor laws, and (c) more effective systems to resolve 
industrial disputes.
    Applicants are expected to describe in their technical proposal: 
(a) The strategy that they will adopt to achieve these outcomes within 
the stated timeframe and available USDOL funds; and (b) the indicators 
and system of data collection they will use to measure the achievement 
of these outcomes (i.e., increased labor law compliance, greater 
knowledge of national labor laws and their application, and more 
effective industrial dispute resolution systems), as well as all key 
outputs of the project.
    In developing the strategy, applicants should take into 
consideration the following issues:
    [sbull] The level of technical assistance that Central American 
Ministries of Labor have received in the past five (5) years and 
continue to receive from bilateral donors and international 
organizations;
    [sbull] The need to ensure that the project strategy is consistent 
with any national strategy to increase labor law compliance.
    [sbull] The need to sustain project improvements, including 
retaining the new knowledge and practices of project-trained ministry 
staff.
    The need to engage key tripartite stakeholders of the project--
ministries of labor, employer associations, and trade unions--in the 
design and implementation of the project strategy.

F. Conditions Precedent

    Prior to providing any technical assistance to any project country, 
the level of political commitment of each government to increase labor 
law compliance must be demonstrated in a clear and measurable way. Past 
experience has demonstrated that without the political will of the 
benefiting institutions to provide the necessary resources and support 
to effect change, no international project or form of assistance will 
achieve its stated objectives. Accordingly, applicants are requested to 
provide in their technical proposal a methodology for assessing the 
political will of the governments of the Central American governments 
to increase labor law compliance. The methodology should focus on the 
areas of concern listed in the Background and Problem Statement section 
(i.e., the need to strengthen effective enforcement of labor laws, the 
need to strengthen promotion of the freedom of association and 
collective bargaining principles, the need to increase knowledge among 
employers and workers regarding national labor laws, the need for the 
Ministries of Labor to receive sufficient resources from their national 
budgets to foster improved labor relations). Such information will be 
utilized by USDOL, in consultation with the Grantee(s), for deciding 
how to allocate project assistance within the region.

G. Deliverables

    Following the award of the grant, the Grantee(s) shall collaborate 
with USDOL/ILAB to:
    [sbull] Develop a Project Document (including a project budget) 
that will set the technical parameters and provide guidance to the 
project. It should include all information and be prepared according to 
the standardized format outlined by USDOL. While the Applicant's 
original proposal will serve as the basis of the Project Document, in 
every case USDOL has found it advantageous to visit the field and reach 
consensus on the project strategy with host country counterparts in 
order to further inform the project design. USDOL must receive a draft 
of the Project Document 45 days after returning from travel to the 
relevant area(s). The Project Document must be finalized no later than 
30 days after receipt of USDOL comments on the draft.
    [sbull] Establish a Workplan identifying major project activities, 
deadlines for their completion, and person(s) responsible for 
completing these activities (within 60 days after the Project Document 
is finalized).
    [sbull] Set project indicators, including indicators that support 
ILAB's Government Performance and Results Act (GPRA) goal: ``Improve 
living standards and conditions of work for workers in developing and 
transition countries.'' (within 90 days of finalizing the Project 
Document).
    [sbull] Create a Performance Monitoring Plan (PMP) to establish the 
data needed to measure achievement of project indicators and the 
methods for collection and reporting. It should include all information 
and be prepared according to the standardized format outlined by USDOL 
(within 90 days of finalizing the Project Document).
    The Grantee(s) must submit copies of all required documents to 
USDOL by the specified due dates. Other documents that may be produced 
are to be submitted by mutually agreed-upon deadlines. The Project 
Document, Workplan, project indicators, PMP, and data collection system 
are subject to final approval by the Grant Officer's Technical 
Representative (GOTR) responsible for monitoring the grant.

H. Special Program Requirements

1. USDOL Responsibilities
    Following the award of the grant(s), USDOL shall:
    [sbull] Provide the Grantee(s) with programmatic support to help 
ensure effective implementation of the project, including training and 
consultation in USDOL/ILAB management, monitoring, and evaluation 
systems and standard operating procedures.
    [sbull] Provide advice and consultation to Grantee(s) on specific 
program criteria.
    [sbull] If, based upon the responses to this solicitation and 
subsequent to the

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award, USDOL determines that it is necessary, travel to the field with 
the Grantee(s) and other technical experts for a project design mission 
before finalizing the project design and the Project Document. USDOL 
will procure the services of technical experts if it determines that 
such expertise is necessary for the project design mission.
    [sbull] Fund at least two project evaluations--a mid-term 
evaluation at approximately the midpoint of the grant period and a 
final evaluation approximately two months prior to the end of the grant 
period. USDOL/ILAB--in consultation with the Grantee(s)--will be 
responsible for drafting and finalizing all evaluation Terms of 
Reference (TOR), procuring the services of an independent evaluator 
(who will write the evaluation report), and providing at least one 
representative from USDOL/ILAB to participate on the evaluation team, 
when appropriate. USDOL/ILAB may choose to perform additional 
evaluations as appropriate.
    [sbull] Have the right, at all reasonable times, to review all 
documents pertaining to the project, participate on field missions 
(including monitoring and evaluation missions), and to discuss 
administrative and technical issues pertaining to the project with the 
Grantee.
2. Grantee Responsibilities
    Following the award of the grant(s), the Grantee(s) shall:
    [sbull] Establish the institutional and management systems and 
means necessary to provide and monitor the delivery of services and 
distribute wages and material effectively.
    [sbull] If USDOL determines that it is necessary, travel to the 
field with USDOL and other technical experts for a project design 
mission before finalizing the project design and the Project Document. 
The Grantee(s) shall bear the financial costs for having its 
representative(s) participate on the project design mission.
    [sbull] Assist in project evaluations, including reviewing and 
providing comments on the evaluation Terms of Reference (TORs) drafted 
by USDOL and evaluation reports written by the lead evaluator. If 
invited to participate on an evaluation mission by USDOL, the 
Grantee(s) shall bear the financial costs for having a representative 
of the Grantee(s) participate on an evaluation team (e.g., travel, per 
diem).
    [sbull] Submit trip reports to USDOL within fourteen (14) calendar 
days of project-related travel. If the implementing partner travels 
with a USDOL staff member, the implementing organization will submit a 
draft trip report to the staff member within fourteen (14) calendar 
days of project-related travel for comments. The format for the trip 
report will be provided by USDOL.
    [sbull] Inform USDOL/ILAB at least one (1) month prior to 
scheduling any major public events or ceremonies regarding the project.
    [sbull] Submit to USDOL all media-related and educational materials 
developed by it or its sub-contractors under this Grant(s), including 
relevant press releases, for use in this project before they are 
reproduced, published, or used. The Grantee(s) must consult with USDOL 
to ensure that materials are compatible with USDOL materials relating 
to its International Cooperation Program. USDOL considers brochures, 
pamphlets, videotapes, slide-tape shows, curricula, and any other 
training materials used in the project to be educational materials. 
USDOL will review materials for technical accuracy. USDOL will also 
review training curricula and purchased training materials for accuracy 
before they are used. The Grantee(s) must obtain prior approval from 
the Grant Officer for all materials developed or purchased under this 
grant. All materials produced by Grantee(s) must be provided to USDOL 
in digital format for possible publication.

IV. Key Personnel and Sub-Contractors

    USDOL considers the ``Project Director'' or equivalent to be ``key 
personnel'' in this project. In addition to the Project Director, other 
key personnel would be any Country Representatives (staff representing 
the Grantee in a specific country), and consultants hired to work full-
time for at least three months. All key personnel should be fluent in 
English and Spanish (written and spoken).
    USDOL expects all key personnel to work full-time on the project. 
All key personnel must be fluent in both written and spoken Spanish and 
English. The Grant Officer must approve candidates for all key 
personnel positions. USDOL's Grant Officer's Technical Representative 
(GOTR) shall review candidates' qualifications and provide 
recommendations to the Grant Officer regarding the selection of 
candidates for all key personnel positions. The Grantee(s) shall submit 
r[eacute]sum[eacute]s, curricula vitae, and other relevant information 
to the GOTR and receive approval from the Grant Officer before 
extending an offer of employment and before the nominated individual 
conducts any activities.
    Key personnel may only be changed with the approval of the Grant 
Officer. The Grantee(s) shall not substitute or replace key personnel 
unless new personnel are at least equal in qualifications to those 
personnel who are replaced. If a need to find new key personnel arises, 
the Grantee(s) shall notify the GOTR as soon as the need becomes known. 
If the Grant Officer is unable to approve the personnel change, he/she 
reserves the right to terminate the grant.
    Organizations may apply for funding in partnership with other 
organizations, but in such a case, a lead organization must be 
identified. Use of sub-contractors is subject to Federal laws and 
regulations, including OMB circulars requiring free and open 
competition for procurement transactions.
    The Grant Officer must approve all sub-contractors. USDOL's Grant 
Officer's Technical Representative (GOTR) shall review candidates' 
qualifications and provide recommendations to the Grant Officer 
regarding the selection of candidates for all sub-contractors. The lead 
organization shall submit a list of previous projects implemented by 
the proposed sub-contractor, along with a description of 
qualifications, r[eacute]sum[eacute]s, curricula vitae, and other 
relevant information to the GOTR and receive approval from the Grant 
Officer before extending a sub-contract. The lead organization shall 
not substitute or replace sub-contractors unless new sub-contractors 
are at least equal in qualifications to those that are replaced. Sub-
contractors may only be changed with the approval of the Grant Officer. 
If a need to find new sub-contractors arises, the lead organization 
shall notify the GOTR as soon as the need becomes known.

    Note: Except as specifically provided, USDOL/ILAB acceptance of 
a proposal and an award of federal funds to sponsor any program(s) 
does not provide a waiver of any grant requirement and/or 
procedures. For example, if an application identifies a specific 
sub-contractor to provide the services, the USDOL/ILAB award does 
not provide the justification or basis to sole-source the 
procurement, i.e., to avoid competition.

V. Reporting Requirements

    All reports (see Appendix B) are due no later than 30 days after 
the end of a fiscal quarter and shall be submitted in English. USDOL/
ILAB and the Grantee(s) should work together to resolve any issues 
within 30 days of receipt of a report.

[[Page 43172]]

A. Financial Reports

    The Grantee(s) shall submit financial reports on a quarterly basis. 
The first reporting period shall end on the last day of the fiscal 
quarter (December 31, March 31, June 30, or September 30) during which 
the grant was signed.
    The Grantee(s) shall use Standard Form (SF) 269A, Financial Status 
Report, to report the status of the funds, at the project level, during 
the grant period. A final SF269A shall be submitted no later than 90 
days following completion of the grant period.
    If the Grantee(s) uses the U.S. Department of Health and Human 
Services Payment Management System (HHS PMS), they shall also send 
USDOL copies of the PSC 272 that it submits to HHS, on the same 
schedule. Otherwise, the Grantee(s) shall submit Standard Form (SF) 
272, Federal Cash Transactions Report, on the same schedule as the 
SF269A.
    Financial reports are due within 30 days of the end of the 
reporting period (i.e., by April 30, July 30, October 30, and January 
30).

B. Technical Reporting Requirements

    After signing the agreement, the Grantee(s) shall submit progress 
reports to USDOL/ILAB at the end of each fiscal quarter. The first 
reporting period shall end on the last day of the fiscal quarter 
(December 31, March 31, June 30, or September 30) during which the 
Grant was signed. Between reporting dates, the Grantee(s) shall also 
immediately inform USDOL/ILAB of significant developments and/or 
problems affecting the organization's ability to accomplish work.
    The Grantee(s) shall submit two types of progress reports according 
to the standardized format used by USDOL/ILAB:
1. Status Reports
    Status Reports compare actual and planned activities during the 
reporting period, which consists of one quarter (January-March and 
July-September). Its purpose is to provide an update on the Workplan, 
problems/solutions, major achievements, or modifications. The Status 
Report should be brief and include an attached project Workplan 
indicating the status of Workplan activities: ``completed,'' ``on 
schedule,'' ``delayed,'' ``cancelled.'' The body of report should 
provide a summary explanation of any deviation from the Workplan and 
recommended actions.
    Status Reports are due within 30 days of the end of the reporting 
period (i.e., by April 30 and October 30).
2. Technical Progress Reports
    Technical Progress Reports provide information on how the project 
is progressing in achieving its stated objectives. Technical Progress 
Reports will be based on the project's stated objectives, indicators, 
and Performance Monitoring Plan (PMP) and will provide both 
quantitative and qualitative information and a narrative assessment of 
performance for the preceding six-month period (January-June and July-
December). Data measuring achievement of the project's indicators will 
be attached to the narrative, which will provide a composite overview 
of progress, trends, problems, new proposals, lessons learned, and 
expenditures. The body of the Technical Progress Report should be 2-3 
pages in length, stressing major points related to strategy.
    Technical Progress Reports are due within 30 days of the end of the 
reporting period (i.e., by July 30 and January 30).

C. Instructions for Submitting Reports

    All reports shall cite the assigned grant number. The Grantee(s) 
shall submit one hard copy of all financial reports to each of the 
following persons:

Lawrence Kuss, Grant Officer, Procurement Services Center, U.S. 
Department of Labor, 200 Constitution Ave., NW., Room N-5416, 
Washington, DC 20210.
Paula Church, Grant Officer's Technical Representative, Office of 
Foreign Relations, U.S. Department of Labor, 200 Constitution Ave., 
NW., Room S-5303, Washington, DC 20210.
Gene Contee, Accountant, Financial Management Services Center, U.S. 
Department of Labor, 200 Constitution Ave., NW., Room S-5526, 
Washington, DC 20210.

    The Grantee(s) shall submit one hard copy of all technical reports 
to each of the following persons:

Lawrence Kuss, Grant Officer, Procurement Services Center, U.S. 
Department of Labor, 200 Constitution Ave., NW., Room N-5416, 
Washington, DC 20210.
Paula Church, Grant Officer's Technical Representative, Office of 
Foreign Relations, U.S. Department of Labor, 200 Constitution Ave., 
NW., Room S-5303, Washington, DC 20210.

VI. Travel Procedures

    The Grantee(s) shall submit a quarterly travel plan to the GOTR. 
The plan shall include the following information for all individuals 
traveling for the Grantee(s) to support activities covered by this 
grant:
    [sbull] Name of the person(s) who will be traveling.
    [sbull] Destination(s).
    [sbull] Dates of travel.
    [sbull] Purpose of travel--what they will be doing and why.
    The Grantee(s) should submit the quarterly travel plan no later 
than four weeks prior to the start of each subsequent fiscal quarter 
(e.g., By May 31, the GOTR should have travel plans for all Grantee 
travel occurring July 1 through September 30). For a trip beginning 
later than four weeks from the time the plan is submitted, dates should 
reflect a ``best guess'' (rather than simply listing ``To Be 
Determined''). The dates should, however, be finalized no later than 4 
weeks prior to departure.
    All travelers should submit finalized travel details to the GOTR no 
later than 4 weeks prior to the desired departure date. If any major 
holiday occurs during those 4 weeks, travelers should submit finalized 
details earlier.
    Individuals are not permitted to travel until USDOL/ILAB has 
received country clearance from the State Department (via e-mail or 
cable) or has received written authorization (including by e-mail) from 
the GOTR. This also applies to expatriates living abroad who go on 
personal or home leave: although they do not need clearance to enter 
the U.S., they do need clearance to re-enter the country in which they 
are stationed.
    While travelers may cancel trips at any time, USDOL/ILAB will not 
permit any amendments to a clearance cable (e.g., for changes in dates 
of travel, or changes in the identified traveler) less than four weeks 
prior to the desired date of departure, except in dire emergencies, as 
determined by the GOTR.

VII. Acknowledgment of USDOL Funding

A. Acknowledgement on Printed Materials

    In all circumstances, the following shall be displayed on printed 
materials: ``Preparation of this item was funded by the United States 
Department of Labor under Grant No. [insert the appropriate grant 
number].''
    When issuing statements, press releases, requests for proposals, 
bid solicitations, and other documents describing projects or programs 
funded in whole or in part with Federal money, all Grantees receiving 
Federal funds must clearly state:
    [sbull] The percentage of the total costs of the program or 
project, which will be financed with Federal money;
    [sbull] The dollar amount of Federal funds for the project or 
program; and

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    [sbull] The percentage and dollar amount of the total costs of the 
project or program that will be financed by non-governmental sources.

B. Use of the USDOL Logo

    In consultation with ILAB, the Grantee(s) will acknowledge USDOL's 
role in one of the following ways:
    [sbull] The USDOL logo may be applied to USDOL-funded material 
prepared for world-wide distribution, including posters, videos, 
pamphlets, research documents, national survey results, impact 
evaluations, best practice reports, and other publications of global 
interest. The Grantee(s) must consult with USDOL on whether the logo 
may be used on any such items prior to final draft or final preparation 
for distribution. In no event shall the USDOL logo be placed on any 
item until USDOL has given the Grantee written permission to use the 
logo on the item.
    [sbull] All documents should include the following notice: ``This 
document does not necessarily reflect the views or policies of the U.S. 
Department of Labor, nor does mention of trade names, commercial 
products, or organizations imply endorsement by the U.S. Government.''

VIII. Administrative Requirements

A. General

    Grantees, which may include faith-based organizations, will be 
subject to applicable Federal laws (including provisions of 
appropriations law) and the applicable Office of Management and Budget 
(OMB) Circulars. Determinations of allowable costs will be made in 
accordance with the applicable Federal cost principles, e.g., Non-
Profit Organizations--OMB Circular A-122. The grant(s) awarded under 
this SGA will be subject to the following administrative standards and 
provisions, if applicable:
    [sbull] 29 CFR part 36--Federal Standards for Nondiscrimination on 
the Basis of Sex in Education Programs or Activities Receiving Federal 
Financial Assistance.
    [sbull] 29 CFR part 93--New Restrictions on Lobbying.
    [sbull] 29 CFR part 95--Uniform Administrative Requirements for 
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--Federal Standards for Audit of Federally 
Funded Grants, Contracts and Agreements.
    [sbull] 29 CFR part 98--Federal Standards for Government-wide 
Debarment and Suspension (Nonprocurement) and Government-wide 
Requirements for Drug-Free Workplace (Grants).
    [sbull] 29 CRF part 99--Federal Standards for Audits of States, 
Local Governments, and Non-Profit Organizations.

B. Sub-contracts

    Sub-contracts must be awarded in accordance with 29 CFR 95.40-48. 
In compliance with Executive Orders 12876 as amended, 13230, 12928, and 
13021 as amended, the Grantee(s) is strongly encouraged to provide 
subcontracting opportunities to Historically Black Colleges and 
Universities, Hispanic-Serving Institutions and Tribal Colleges and 
Universities.

C. Encumbrance of Grant Funds

    Grant funds may not be encumbered/obligated by the Grantee(s) 
before or after the period of performance. Encumbrances/obligations 
outstanding as of the end of the grant period may be liquidated (paid 
out) after the end of the grant period. Such encumbrances/obligations 
may involve only commitments for which a need existed during the grant 
period and which are supported by approved contracts, purchase orders, 
requisitions, invoices, bills, or other evidence of liability 
consistent with the Grantee's purchasing procedures and incurred within 
the grant period. All encumbrances/obligations incurred during the 
grant period must be liquidated within 90 days after the end of the 
grant period, if practicable.

D. Site Visits

    USDOL, through its authorized representatives, has the right, at 
all reasonable times, to make site visits to review project 
accomplishments and management control systems and to provide such 
technical assistance as may be required. If USDOL makes any site visit 
on the premises of the Grantee or a sub-contractor(s) under this grant, 
the Grantee must provide and must require its sub-contractors to 
provide all reasonable facilities and assistance for the safety and 
convenience of the Government representatives in the performance of 
their duties. All site visits and evaluations will be performed so as 
not to unduly delay the work.

IX. Grant Closeout Procedures

A. Definitions

1. Grant Closeout
    The closeout of a grant is the process by which a Federal grantor 
agency determines that all applicable administrative actions and all 
required work of the grant have been completed by the grantee and the 
grantor.
2. Date of Completion
    The date when all work under a grant is completed or the date in 
the grant award document, or any supplement or amendment thereto, on 
which Federal assistance ends, whichever comes first.
3. Disallowed Costs
    Disallowed costs are those charges to a grant that the grantor 
agency or its representative determines to not be allowed in accordance 
with the applicable Federal Cost Principles or other conditions 
contained in the grant.

B. Close-out Procedures

    Grants shall be closed out in accordance with the following 
procedures:
    [sbull] Upon request, the Grantor shall make prompt payments to a 
Grantee for allowable reimbursable costs under the grant being closed 
out.
    [sbull] The Grantee shall immediately refund to the Grantor any 
balance of unobligated (unencumbered) cash advanced to the Grantee that 
is not authorized for retention by the Grantee for use on other grants.
    [sbull] Within 90 days after completion of the grant, the Grantee 
shall submit all financial, performance and other reports required by 
the Grant Officer to close out the grant. The Grant Officer may 
authorize extensions when requested by the grantee.
    [sbull] The Grant Officer shall make a settlement for any upward or 
downward adjustments to the Federal share of costs after these reports 
are received.
    [sbull] In the case of grants that include matching/in-kind 
contributions, the Grantee is legally required to provide the total 
amount of matching/in-kind contributions indicated on the face sheet of 
the agreement, as amended. Failure to provide this level of matching/
in-kind contribution shall result in the disallowance of all or part of 
otherwise allowable Federal share costs, equal to the total matching/
in-kind share committed to, less the share actually provided.
    [sbull] The Grantee shall account for any property acquired with 
grant funds, or received from the Government in accordance with the 
provisions of 29 CFR part 95.
    [sbull] In the event that a final audit has not been performed 
prior to the closeout of the grant, the Grantor shall retain the right 
to recover an appropriate amount after fully considering the 
recommendations on disallowed costs resulting from the final audit.

[[Page 43174]]

X. Measuring the Performance of the Grantee

    The performance of the Grantee will be assessed based on the timely 
completion of one or more deliverables that will be due to USDOL at the 
end of each quarter of the Grant. These deliverables should reflect the 
outcomes of the project that are expected to help achieve the project's 
objective(s). Applicants are requested to include in their proposal a 
project implementation plan and approach to monitor the performance of 
the project throughout the period of the grant. The implementation plan 
is to consist of a quarterly schedule of activities and list of 
deliverables that would be completed by the contractor each quarter. 
The defined list and schedule of deliverables is viewed by USDOL as a 
key component of the technical proposal.

XI. Review and Selection of Applications for Awards

    USDOL will screen all applications to determine whether all 
required elements are present and clearly identifiable. A Technical 
Panel will objectively rate each complete application against the 
criteria described in this announcement. The panel recommendations to 
the Grant Officer are advisory in nature. The Grant Officer may elect 
to select one or more Grantees on the basis of the initial proposal 
submission, or the Grant Officer may establish a competitive or 
technically acceptable range for the purpose of selecting qualified 
applicants. If deemed appropriate, following the Grant Officer's call 
for the preparation and receipt of final revisions of proposals, the 
evaluation process described above will be repeated to consider such 
revisions. The Grant Officer will make a final selection determination 
based on what is most advantageous to the Government, considering 
factors such as panel findings, geographic presence of the applicants, 
and the best value to the government, cost, and other factors. The 
Grant Officer's determination for award under this SGA is final.

A. The Review Process

    The criteria below will serve as the basis upon which submitted 
applications will be evaluated. Technical aspects of the application 
will constitute 100 points of the total evaluation. Up to five (5) 
additional points will be given for leveraging non-Federal resources.
    In order to assist USDOL in assessing the efficient and effective 
allocation of project funding, the Applicant shall submit a project 
budget that clearly details the costs for performing all of the 
requirements presented in this solicitation, including producing all 
deliverables, reporting on implementation and progress, and monitoring 
progress. Applicants are reminded to budget for compliance with the 
administrative requirements set forth (copies of all regulations are 
referenced in this SGA are available at no cost, on-line, at http://www.dol.gov). This includes the costs of performing activities such as 
travel to Washington, DC to meet with USDOL/ILAB, financial audit, 
project closeout, document preparation (e.g., progress reports, project 
document), and ensuring compliance with procurement and property 
standards. The Project Budget should identify administrative costs 
separately from programmatic costs. In addition to the costs identified 
previously, administrative costs include indirect costs from the costs 
pool and the cost of activities, materials (e.g., project car), and 
personnel (e.g., administrative assistants, office drivers) that 
support the management and administration of the project but do not 
provide direct services to project beneficiaries
    The technical panel will review grant applicants against the 
criteria listed below on the basis of 100 points.

B. Technical Approach--45 points

    [sbull] The extent to which the application sets forth a clear and 
supportable course of action to improve labor law compliance in Central 
America, in particular those laws that address the issues raised in 
section III of the Statement of Work through: (a) Strengthened capacity 
of labor ministries to effectively enforce national labor laws, (b) 
increased knowledge of national labor laws and their application among 
employers and workers, and (c) strengthened dispute resolution 
mechanisms within the labor ministries. The Applicant will be evaluated 
on the clear identification and description of the specific strategy(s) 
the Applicant proposes to use, its effectiveness, and attainability of 
project objectives by the end of the grant period. (10 points)
    [sbull] Demonstrated familiarity with the major issues related to 
the components being addressed (e.g., general project context, key 
problems and/or needs in the relevant country/area, the specific 
problem(s) and/or need(s) that will be addressed by this project(s), 
and relevant constraints). The Applicant will be evaluated on the 
thorough and accurate assessment of the implementing environment and 
the problems that exist and clear identification of the specific 
problem(s) the Applicant proposes to address. (5 points)
    [sbull] A monitoring and evaluation plan for measuring project 
performance that includes challenging but realistic targets and 
measurable, verifiable project indicators that measure achievement of 
project objectives and performance in project implementation. (5 
points)
    [sbull] A description of the applicant's approach to expending 
funds in the most cost-effective method possible in order to achieve 
the project objectives. The applicant should refer to its submitted 
budget in explaining how the budgeted funds will be utilized cost-
effectively. In order to assist USDOL in assessing the efficient and 
effective allocation of project funding, the Applicant shall submit, at 
minimum, supporting budget information indicating how the Applicant 
arrived at estimating the costs of the following items/activities: 
salaries and benefits for all key personnel, 2-3 key activities 
proposed by the Applicant under its project design, and closing the 
project and meeting all USDOL close-out requirements, as stated in this 
SGA. The Applicant will be evaluated based on the clear identification 
of all project costs and efficient and effective allocation of funding. 
The project budget should clearly demonstrate that the total amount and 
distribution of funds is sufficient to cover the cost of all major 
project activities identified by the Applicant in its proposal, 
management of the project, monitoring and evaluation, and project 
close-out and that the distribution of funds maximizes the provision of 
goods and/or services to project beneficiaries. This section will be 
evaluated in accordance with applicable Federal laws and regulations. 
The budget must comply with Federal cost principles (which can be found 
in the applicable OMB Circulars) and with ILAB budget requirements 
contained in the application instructions in Section III of this 
solicitation. (10 points)
    [sbull] Use of existing expertise from the recipient country in 
order to reduce costs and further develop local capacity. (5 points)
    [sbull] Inclusion of a sustainability strategy that ensures that 
project improvements will continue after the project ends. (5 points)
    [sbull] Submission of a schedule of quarterly deliverables that 
will serve to determine the level of performance of the contractor. The 
identification of deliverables that are presented in the proposal 
should be objective, verifiable,

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and demonstrate progress in achieving project objectives. (5 points)

C. Institutional Qualifications/Past Performance--25 points

    [sbull] Prior experience in designing and implementing activities 
in developing countries, especially in Central America, related to 
strategic planning, outreach and education, capacity building, labor 
law enforcement, and labor dispute resolution. The application shall 
include information as an attachment (which will not count towards the 
page limit) regarding previous grants, contracts, or grants, including 
(a) The organization for which the work was done, (b) a contact person 
in that organization with his/her current phone number, (c) the dollar 
value of the grant, contract, or Grant for the project(s), (d) the time 
frame and professional effort, either directly by key personnel, by 
consultants, or under contractual arrangements involved in the 
project(s), (e) a brief summary of the work performed; and (f) a brief 
summary of accomplishments. (10 points)
    [sbull] Clear organizational structure and management plan, 
illustrating experience with carrying out participatory development 
activities with organizations (i.e., government ministries, employer 
organizations, worker organizations, community organizations) and 
maintaining positive and effective relationships with partners. (10 
points)
    [sbull] Demonstration of strong financial management and internal 
control systems. (5 points)

D. Experience of Personnel--30 points

    [sbull] Key personnel with prior experience directly related to the 
proposed work, including technical and language qualifications, 
professional competence, relevant academic background, and demonstrated 
experience. Applicants shall submit a r[eacute]sum[eacute] for each key 
personnel proposed, which includes the individual's current employment 
status and previous work experience, including position title, duties 
performed, dates in position, employing organizations, and educational 
background. Duties must be clearly defined in terms of role performed 
(i.e., manager, team leader, consultant). R[eacute]sum[eacute]s shall 
be included as attachments, which do not count against the page 
limitation. (20 points)
    [sbull] Clear management plan demonstrating the staffing 
requirements and other resources needed to implement the approach. (10 
points)

E. Leveraging of Grant Funding--5 points

    USDOL will award up to five (5) additional rating points to 
applications that include non-Federal resources that significantly 
expand the size and scope of project-related activities. These programs 
will not be financed by the project, but can complement and enhance 
project objectives. To be eligible for the additional points, the 
applicant must list the resource(s), the nature, and possible 
activities anticipated and any partnerships, linkages, or coordination 
of activities, cooperative funding, etc.

F. Suggested Outline for Technical Proposal

    This outline is provided as a guideline. Organizations may elect a 
format of their choosing, subject to the requirements of this 
announcement.
    1. Executive Summary.
    2. Program Description: Goal and Objectives, Background, Technical 
Approach and Implementation Timetable (Proposed Intervention), 
Experience of Personnel, Identification of Deliverables and Quarterly 
Schedule of their submission to determine contractor performance, 
Staffing Pattern and Project Management Organizational Chart, 
Leveraging of non-Federal Resources.
    3. Attachments: Summaries of other relevant organizational 
experiences, R[eacute]sum[eacute]s of key personnel and signed letters 
of commitment to the project.
    Successful proposals submitted in response to this SGA will be 
incorporated into the text of the grant with the selected applicant(s).

    Signed at Washington, DC, this 14th day of July 2003.
Lawrence J. Kuss,
Grant Officer.
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[FR Doc. 03-18257 Filed 7-18-03; 8:45 am]
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