[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75643-75652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32126]


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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act--Indian and Native American Employment 
and Training Programs; Solicitation for Grant Applications--Final 
Grantee Designation Procedures for Program Years 2004 and 2005

    Announcement Type: New. Notice of final designation procedures for 
grantees.
    Funding Opportunity Number: SGA/DFA-04-100.
    Catalog of Federal Domestic Assistance (CFDA) Number: 17.265.
    Key Dates: Deadline for Notice of Intent Part A--January 30, 2004.

I. Funding Opportunity Description

    Section 166 of the Workforce Investment Act (WIA) authorizes 
programs to serve the employment and training needs of Indians and 
Native Americans through competitive award by the Department of Labor 
(DOL) of two-year grants, contracts, or cooperative agreements with 
Indian tribes, tribal organizations, Alaska Native entities, Indian-
controlled organizations serving Indians, or Native Hawaiian 
organizations. See section 166, Public Law 105-220 as amended, codified 
at 29 U.S.C. 2911. Special employment and training services for Indian 
and Native American people were previously provided under the Job 
Training Partnership Act (JTPA) Section 401 and its predecessor, 
Section 302 of the Comprehensive Employment and Training Act (CETA). 
DOL has issued two previous rounds of WIA section 166 awards--for 
Program Years (PY) 2000-2001 and 2002-2003.
    In anticipation of Congressional reauthorization of WIA, this 
Solicitation for Grant Applications (SGA) contains the procedures by 
which DOL will select and designate service providers for PY 2004 and 
2005 (July 1, 2004 to June 30, 2006) to operate Indian and Native 
American Employment and Training Programs under WIA section 166 within 
specified ``service areas.'' Grantees must ensure that all eligible 
population members have equitable access to employment and training 
services within the service area. Requirements for these programs are 
set forth in WIA section 166 and its regulations, found at 20 CFR part 
668, published at 65 FR 49294, 49435 (August 11, 2000). The specific 
eligibility and application requirements for designation are set forth 
at 20 CFR part 668, subpart B, which is attached to this SGA as Exhibit 
A.
    Under the statutory and regulatory requirements, DOL will select 
entities for section 166 funding for a two-year period. Designated 
service providers will be funded annually during the designation 
period, contingent upon all other grant award requirements being met, 
Congress' reauthorization of WIA, any new or modified terms of WIA 
reauthorization, and the continuing availability of Federal funds.
    All applicants for designation as a section 166 service provider 
for PY 2004 and 2005 must submit a Notice of Intent Part A in 
accordance with this SGA if they wish to receive or continue to receive 
WIA funds. DOL has determined that no waivers of competition under WIA 
section 166(c)(2) will be available for the current two-year 
designation cycle because such waivers were allowed in the last 
designation cycle for PY 2002 and 2003. Existing grantees and potential 
eligible providers participating in Public Law 102-477 Demonstration 
Projects, which allow Federally recognized tribes to consolidate 
formula-funded employment, training, and related dollars under a single 
service plan administered by the Bureau of Indian Affairs, also must 
submit an application in accordance with this SGA.
    This SGA provides the information that all applicants need to 
submit requests for WIA section 166 designation. A ``responsibility 
review'' will be conducted of all applications as part of the 
designation process, in accordance with 20 CFR 667.170, 668.220, and 
668.230, to ensure that applicants are capable of properly handling and 
accounting for Federal funds. Entities new to this process should be 
aware that being designated as a section 166 service provider according 
to this SGA will not automatically result in a grant award. Entities 
that successfully complete the designation process, including winning 
any competition(s) for service area(s) that may occur as defined in 
this SGA, must prepare a two-year Comprehensive Services Plan that must 
be approved by DOL. Instructions for preparation of the Comprehensive 
Services Plan will be issued to all designated service providers in 
accordance with 20 CFR part 668, subpart G.
    Potential applicants should be aware that Comprehensive Services 
Plans for PY 2004 and 2005 will be required to include an agreement to 
maintain records adequate to evaluate the grantee's annual performance 
against the ``Common Measures'' from the U.S. Office of Management and 
Budget (OMB) for evaluating all Federally funded employment and 
training programs. See Employment and Training Administration (ETA) 
Training and Employment Notice No. 8-02 (March 27, 2003) (available at 
http://ows.doleta.gov/dmstree/ten/ten2k2/ten_08-02.htm). The 
Comprehensive Services Plan also will be required to include estimates 
of expected grantee performance against the OMB Common Measures. For 
the Comprehensive Services (i.e., Indian ``adult'') employment and 
training program, the Common Measures are as follows:
    [sbull] Entered Employment
    [sbull] Retention in Employment
    [sbull] Earnings Increase
    [sbull] Program Efficiency
    For those entities serving reservation areas and qualifying for 
Supplemental Youth Services funding, the ``youth'' Common Measures are 
as follows:
    [sbull] Placement in Employment or Education
    [sbull] Attainment of a Degree or Certificate by Participants
    [sbull] Literacy and Numeracy Gains (by Participants)
    [sbull] Program Efficiency
    After a section 166 designee's Comprehensive Services Plan is 
approved by DOL, a grant agreement (``Notice of Obligation'' or NOO) 
must be executed in accordance with 20 CFR 668.292. Each NOO will 
reflect the amount of section 166 funds awarded as determined in 
accordance with 20 CFR 668.296 and 668.440.
    In preparing applications for designation, applicants should bear 
in mind that the purpose of section 166 of WIA is ``to support 
employment and training activities for Indian, Alaska Native, and 
Native Hawaiian individuals in order--

[[Page 75644]]

    ``(A) to develop more fully the academic, occupational, and 
literacy skills of such individuals;
    ``(B) to make such individuals more competitive in the workforce; 
and
    ``(C) to promote the economic and social development of Indian, 
Alaska Native, and Native Hawaiian communities in accordance with the 
goals and values of such communities.'' Congress has also directed that 
section 166 programs be administered consistent with the principles of 
the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 
450, et seq., and the government-to-government relationship between the 
Federal government and Indian tribal governments. WIA section 
166(a)(2).

    Note: Congress is now considering legislation to reauthorize 
WIA; statutory changes may necessitate revision of the designation 
or award procedures for PY 2004-2005. This SGA has been revised from 
prior SGAs under WIA section 166 to comply with the new standard 
format issued by OMB for Federal grant solicitations. See 68 FR 
37370-79 (June 23, 2003). The ``General Designation Principles'' 
included in prior SGAs for this program have been omitted because we 
have determined that inclusion of the actual regulatory text (see 
Exhibit A attached) will be more useful to potential applicants.

II. Award Information

    Type of assistance instrument: An initial two-year grant, which may 
be extended for an additional two years under appropriate 
circumstances.
    As stated in Section I, no waivers of competition are available for 
the PY 2004-2005 grant cycle. Therefore applications for new awards may 
compete with applications from existing grantees or for supplementation 
of existing projects. The amount of WIA Section 166 funds to be awarded 
to designated Native American organizations will be determined under 
the procedures set by 20 CFR 668.296, as well as by Sec.  668.440 for 
youth funds. DOL will determine award amounts after designation of 
service areas and service providers and once funding appropriations for 
the grant period have been made by Congress.
    Amount of funds to be awarded. Depending upon final appropriation 
legislation, DOL anticipates awarding approximately $55 million for the 
Comprehensive Services program and $15 million for Supplemental Youth 
Services under this SGA.
    Anticipated number of awards. Approximately 190 grantees will be 
designated under this SGA.
    Expected amounts of individual awards. Awards under the 
Comprehensive Services program are anticipated to range from 
approximately $20,000 to approximately $6.5 million. Awards for the 
Supplemental Youth Services program are anticipated to range from 
approximately $4,000 to approximately $2.5 million. Final award amounts 
in each category will depend on Census data and the final PY 2004 and 
PY 2005 appropriation levels.
    Average amount of funding per award. For PY 2003, the average 
Comprehensive Services grant amount was $295,647, and the average 
Supplemental Youth Services grant amount was $102,170. We expect that 
average funding for the PY 2004 awards will not differ significantly 
from these amounts.
    Anticipated start dates and periods of performance for new awards. 
New and existing grantees will be expected to commence operations on 
July 1, 2004. The initial performance period for all grantees will be 
from July 1, 2004 to June 30, 2006.

III. Eligibility Information

1. Eligible Applicants

    To be eligible for designation as a Section 166 grantee, an entity 
must meet all eligibility requirements of WIA Section 166 and 20 CFR 
668.200, as well as the application and designation requirements found 
at 20 CFR part 668, subpart B (see Exhibit A attached). Potential 
applicants are expected to thoroughly review and comply with the 
statute and regulations.
    Among other requirements, eligible entities must have a legal 
status as a government, an agency of a government, a private non-profit 
corporation (i.e., incorporated under IRS section 501(c)(3) or 
501(c)(4)), or a consortium that satisfies the requirements of 20 CFR 
668.200(a), (b), and (c)(6). Additionally, eligible entities must be:
    [sbull] Indian tribes, tribal organizations, Alaska Native 
entities, Indian-controlled organizations serving Indians, or Native 
Hawaiian organizations;
    [sbull] Consortia of eligible entities; or
    [sbull] State-recognized tribal organizations serving individuals 
who were eligible to participate under JTPA Section 401 as of August 6, 
1998.
    See WIA Sections 166(b), (c)(1), and (d)(2)(B); 20 CFR 668.200(c) 
and (d). Community and faith-based organizations are eligible to apply 
for Section 166 grants in accordance with WIA Section 166(c) and 20 CFR 
668.200(c) and (d) if they are Native American- or Native Hawaiian-
controlled. Non-profit corporations organized under 501(c)(4) that 
engage in lobbying activities are not eligible to receive Federal funds 
and grants, as required by Section 18 of the Lobbying Disclosure Act of 
1995, Public Law 104-65 (2 U.S.C. 1611).
    Additional key requirements include the following: Applicants must 
satisfy a responsibility review and demonstrate that they have the 
ability to administer Federal funds. See 20 CFR 667.170, 668.200(a)(2), 
668.220, and 668.230. Requested geographic service areas must comply 
with eligibility restrictions based on the formula funding level 
associated with population size. See 20 CFR 668.200(a)(3), 668.296(b), 
and 668.440(a).
    The statute and regulations also establish comparative priorities 
for designation among eligible entities. A Federally recognized Indian 
tribe, band, or group on its reservation (including former reservation 
areas in Oklahoma), and Alaska Native entities defined in the Alaska 
Native Claims Settlement Act (ANCSA) (or consortia that include a tribe 
or an ANCSA entity) will receive the highest priority over any other 
organization for designation as the service provider for the area over 
which the entity has legal jurisdiction, provided that the entity has 
the capability to administer the program and also meets all eligibility 
and regulatory requirements. See 20 CFR 668.210(a). For areas not 
covered by the highest priority, DOL will designate other eligible 
organizations as service providers, which in some instances might be 
Indian tribes, bands, or groups applying for off-reservation areas. DOL 
will follow the regulatory procedures for consultation and 
communication with Native American leaders in affected service areas. 
See 20 CFR 668.210 and 668.280. New applicants (and incumbent grantees 
seeking designation for areas in addition to those covered by existing 
grants) are expected to clearly demonstrate a working knowledge of the 
community that they plan to serve, including available resources, 
resource utilization, and acceptance by the service population.
    Applicants must submit a separate, complete Notice of Intent in 
accordance with Section IV(2) for each non-contiguous geographic area 
for which they seek designation. DOL is not required to adhere to the 
geographical service area requested in a Notice of Intent, but may make 
a section 166 designation for all of the area requested or, if 
acceptable to the designee, a portion of the area requested or more 
than the area requested.
    Organizations with no prior grant history with the Department, or 
about whom there are financial or grant management concerns, may be

[[Page 75645]]

conditionally designated pending an on-site review and/or a six-month 
assessment of program progress. Failure to satisfy these conditions may 
result in a withdrawal of designation.
    As discussed in Section IV(2), applicants' Notice of Intent 
submission must include documentation supporting their eligibility to 
serve as a section 166 grantee, including documentation of their legal 
status and ability to administer funds.
    The following definitions and special designation situations will 
be used by DOL in determining eligibility and designating section 166 
service providers:
    Indian or Native American-Controlled Organization. In accordance 
with WIA section 166(c) and 20 CFR 668.200(c), an Indian or Native 
American-controlled organization is defined as any organization with a 
governing body, more than 50 percent of whose members are Indians or 
Native Americans. Such an organization can be a tribal government, 
Native Alaska, or Native Hawaiian entity, consortium, or public or 
private non-profit agency. For the purpose of designation 
determinations, the governing body must have decision-making authority 
for the WIA section 166 program. It should be noted that, under WIA 
section 166(d)(2)(B), individuals who were eligible to participate 
under section 401 of JTPA on August 6, 1998, are or will be eligible to 
participate under WIA. Organizations serving such individuals will be 
considered ``Indian controlled'' for WIA section 166 purposes if they 
meet the criteria of this section.
    Service Area. Service Area is defined as the geographic area, 
described as States, counties, or reservations, or parts or 
combinations thereof, for which a section 166 designation is made. In 
some cases, a service area also will be defined in terms of the 
specific population to be served. The service area is identified by the 
Grant Officer in the formal designation letter. Grantees must ensure 
that all eligible population members have equitable access to 
employment and training services within their designated service area. 
See 20 CFR 668.650(a).
    Service Areas for Alaska Native Entities. Through prior grant 
competitions, DOL has established geographic service areas for Alaska 
Native employment and training grantees based on the following: (a) The 
boundaries of the regions defined in the Alaska Native Claims 
Settlement Act (ANCSA); (b) the boundaries of major sub-regional areas 
where the primary provider of human resource development-related 
services is an Indian Reorganization Act (IRA)-recognized tribal 
council; and (c) the boundaries of the one Federal reservation in 
Alaska. These service areas may be modified as a result of the current 
grant competition. Within these established or revised geographic 
service areas, DOL will designate the primary Alaska Native-controlled 
human resource development services provider or an entity formally 
selected by that provider. In the past, these entities have been 
regional non-profit corporations, IRA-recognized tribal councils, and 
the tribal government of the Metlakatla Indian Community.
    Service Areas for Oklahoma Indians. Through prior grant 
competitions, DOL has established geographic service areas for Indian 
employment and training programs in Oklahoma, which have generally been 
countywide areas. These service areas may be modified as a result of 
the current grant competition. In cases in which a significant portion 
of the land area of an individual county lies within the traditional 
jurisdiction(s) of more than one tribal government, the service area 
has been subdivided to a certain extent on the basis of tribal 
identification information contained in the most recent Federal 
Decennial Census of Population. Wherever possible, arrangements 
mutually satisfactory to grantees in adjoining or overlapping 
geographic service areas will be honored by DOL. Where such mutually 
satisfactory arrangements cannot be made, DOL will designate and assign 
service areas to Native American grantees in a manner that is 
consistent with WIA and that will preserve continuity of services and 
prevent unnecessary fragmentation of the programs.

2. Cost Sharing or Matching

    The section 166 program does not require grantees to share costs or 
provide matching funds.

3. Other Eligibility Criteria

    In accordance with 29 CFR part 98, entities that are debarred or 
suspended shall be excluded from Federal financial assistance and are 
ineligible to receive a section 166 grant. Additionally, entities that 
have been convicted of violation of 18 U.S.C. 665 and/or 666, or that 
are in default of any debt repayment agreement signed with the 
Department or any Federal agency, are ineligible to receive an award 
under this SGA, unless exceptional circumstances are demonstrated to 
the satisfaction of DOL.
    All recipients of services under section 166 must meet the 
definition of Indian, Alaska Native, or Native Hawaiian found at WIA 
section 166(b) and in the WIA regulations. See WIA section 166(d) and 
20 CFR 668.300. In addition, priority of services must be given to 
veterans and spouses of certain veterans, in accordance with the 
provisions of the ``Jobs for Veterans Act,'' Public Law 107-288 (38 
U.S.C. 4215), which provides priority of service to veterans and 
spouses of certain veterans for the receipt of employment, training, 
and placement services in any job training program directly funded, in 
whole or in part, by the Department of Labor. Please note that, to 
obtain priority of service, a veteran must meet the program's 
eligibility requirements. ETA Training and Employment Guidance Letter 
(TEGL) No. 5-03 (September 16, 2003) provides general guidance on the 
scope of the veterans priority statute and its effect on current 
employment training programs. DOL anticipates updating this guidance at 
the time of WIA reauthorization and issuing individual guidance on each 
affected employment training program.

IV. Application and Submission Information

1. Address To Request Application Package

    This Solicitation for Grant Applications, together with the 
attached excerpt of regulations (20 CFR part 668, subpart B), includes 
all information needed to apply for designation as a section 166 
service provider.

2. Content and Form of Application Submission

    All applicants for designation as a section 166 service provider 
for PY 2004 and 2005, except as noted in the next sentence, must submit 
a signed original and two copies of a ``Notice of Intent--Part A'' 
containing the information listed below. Incumbent Federally recognized 
tribes participating in the demonstration under Public Law 102-477 
whose status has not changed need only submit: a cover letter stating 
the program's status has not changed, and a completed SF-424, 
``Application for Federal Assistance,'' both signed by an authorized 
signatory official for the applicant. Note that a separate Notice of 
Intent--Part A must be submitted for each non-contiguous geographic 
service area.
    Beginning October 1, 2003, all applicants for Federal grant and 
funding opportunities are required to have a Dun and Bradstreet (DUNS) 
number. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June 27, 
2003). Applicants for section 166 designation must supply

[[Page 75646]]

their DUNS number in item 5 of the new SF-424 issued by OMB 
(Rev. 9-2003). See Exhibit B. Where a consortium is formed to apply for 
designation, the consortium must obtain a DUNS number. If award will be 
made to the lead entity in the consortium, then the DUNS number for 
that lead entity should be used. The DUNS number is a nine-digit 
identification number that uniquely identifies business entities. 
Obtaining a DUNS number is easy and there is no charge. To obtain a 
DUNS number, access the following Web site: http://www.dunandbradstreet.com or call 1-866-705-5711. Requests for exemption 
from the DUNS number requirement must be made to OMB.
    In some circumstances, as defined in Section V(2), DOL may 
determine based on review of the Part A submissions that further 
competition is required for a particular geographic area. In these 
instances, competing organizations will be notified and required to 
provide the information in Part B within 15 days of receiving 
notification from the Grant Officer of competition.
    The Grant Officer may require additional or clarifying information 
or action, including a site visit, before designating applicants and/or 
before determining whether to conduct competitive procurement for a 
particular geographic service area. In addition, applicants may be 
required to address actions taken to correct deficiencies identified by 
the Department, including specific time frames for completion.

A. Notice of Intent--Part A Requirements

    Each application must include a cover letter or other document (for 
example, a tribal resolution), signed by an authorized signatory 
official, that provides the information listed below or indicates that 
it accompanies the application.
    (i) A completed SF-424, ``Application for Federal Assistance,'' 
signed by the authorized signatory official. See Exhibit B.
    (ii) Identification of the applicant's legal status, including 
copies of articles of incorporation for non-profit corporations or 
consortium agreement, if not already on file with DOL's Division of 
Indian and Native American Programs (DINAP).
    (iii) A specific description of the geographic territory being 
applied for by State(s), counties, reservation(s), or subparts or 
combinations thereof, and/or by service population.
    (iv) A very brief summary of the employment and training or human 
resource development program(s) serving Native Americans that the 
entity currently operates or has operated within the previous two-year 
period. The summary should identify the funding source, contact person, 
and phone number for the program(s).
    (v) A brief description of the planning process used by the entity, 
including involvement of the governing body and local employers.
    (vi) Evidence to establish an entity's ability to administer funds 
under 20 CFR 668.220, and 668.230, which should at a minimum include:
    (a) A statement that the organization is in compliance with the 
Department's debt management procedures; and
    (b) A statement that fraud or criminal activity has not been found 
in the organization, or a brief description of the circumstance where 
fraud or criminal activity has been found and a description of 
resolution, corrective action and current status; and
    (c) A narrative demonstrating that an entity has or can acquire the 
necessary program and management personnel to safeguard Federal funds 
and effectively deliver program services that support the purposes of 
the Workforce Investment Act; and
    (d) If not otherwise provided, a narrative demonstrating that an 
entity has successfully carried out or has the ability to successfully 
carry out activities that will strengthen the ability of the 
individuals served to obtain or retain unsubsidized employment, 
including the past two-year history of publicly funded grants/contracts 
administered including identification of the fund source and a contact 
person.
    (vii) The assurances required by 29 CFR 37.20.

B. Notice of Intent--Part B Requirements

    If the Grant Officer determines that there is competition for all 
or part of a given service area, as discussed in Section V(2) below, 
the Grant Officer will notify competing applicants and require 
submission of the following ``Part B'' information:
    (i) Evidence that the entity represents the community proposed for 
services such as: Demonstration of support from Native American-
controlled organizations, State agencies, or other entities with 
specific knowledge of the applicant's operational capability. Federally 
recognized tribes and Hawaiian and Alaska Native entities need not 
submit evidence of support regarding their own reservations or areas of 
legal jurisdiction. However, such entities are required to provide this 
evidence for any area that they wish to serve beyond their reservation 
boundaries, Congressionally mandated area, or Federally established 
service areas.
    (ii) Submission of a service plan and other information expanding 
on the information required at Part A that the applicant feels can 
strengthen its case, including information on any unresolved or 
outstanding administrative problems.
    An applicant whose initial Notice of Intent submission contained 
all Part B information will not need to supplement. Exclusive of 
charts, graphs, or letters of support, the additional Part B 
information submitted in a situation involving competition should not 
exceed 75 pages of double-spaced, unreduced type.

3. Submission Dates and Times

    Notices of Intent (NOIs) that comply with the requirements of this 
solicitation and that satisfy all Part A requirements must be received 
in the Department by 1 p.m. on January 30, 2004. NOIs not received by 
the deadline will be accepted up to 15 calendar days after the deadline 
only with an official, U.S. Postal Service postmark indicating timely 
submission. Dates stamped by private express delivery service or by 
metered mail are unacceptable as proof of submission. All applicants 
are advised that U.S. mail delivery in the Washington, DC area is still 
erratic due to continuing concerns involving possible anthrax 
contamination. All applicants must take this into consideration when 
preparing to meet the application deadline, as applicants assume the 
risk for ensuring a timely submission; that is, if because of these 
mail problems, the Department does not receive an application or 
receives it too late to give it proper consideration, even if it was 
timely mailed, the Department will not consider the application.
    Submission addresses and acceptable means of delivery are addressed 
in Section IV(6) below.

4. Intergovernmental Review

    This funding opportunity is not subject to Executive Order (EO) 
12372, ``Intergovernmental Review of Federal Programs.''

5. Funding Restrictions

    Potential applicants should review 20 CFR part 668, subpart H 
regarding administrative requirements for WIA section 166 grants. Rules 
relating to allowable costs are addressed in 20 CFR 667.200 through 
667.220. Under 20 CFR 667.210(b), limits on administrative costs will 
be negotiated with the grantee and identified in the grant award

[[Page 75647]]

document. While there are no specific limits on indirect costs, the 
amount of indirect cost charged to the grant is subject to the overall 
limitation on administrative costs as negotiated in the grant 
agreement. Construction (as opposed to maintenance and/or repair) costs 
are generally not allowed under WIA. Certain pre-award costs may be 
allowable with specific approval of the Grant Officer in accordance 
with OMB Circular A-87 or A-122.

6. Other Submission Requirements

    Means of Delivery: Notices of Intent may be submitted by U.S. mail, 
overnight delivery, hand delivery, or e-mail in accordance with the 
instructions below. Please note that faxed applications will not be 
accepted.
    Addresses: Send a signed original and two copies of the Notice of 
Intent--Part A (and any later submissions) to Ms. Athena Brown, Acting 
Chief, Division of Indian and Native American Programs, Room S-5206 FPB 
ATTN: MIS Desk, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210.
    Submission of Notice of Intent Via E-Mail: Due to the erratic mail 
delivery in the Washington, DC area, applicants have the option of 
submitting Notices of Intent via e-mail to [email protected]. Due 
to the high volume of applications, the return receipt option 
(instructions below) must be utilized to verify e-mail transmission of 
the application. Should the applicant choose to e-mail the Notice of 
Intent, the applicant must send via overnight mail: the signature sheet 
with an original signature; a copy of the applicant's e-mail; and a 
copy of the e-mail verification of transmission. Notices of Intent sent 
by e-mail will be accepted in Microsoft WORD or WordPerfect only.
    Instructions for Obtaining E-Mail Return Receipt: While in the e-
mail and before sending, click on ``file,'' go to ``properties, return 
notification,'' and finally click on options for ``Delivery receipt 
requested,'' ``Read receipt requested,'' or similar options that will 
send the e-mail author an automatic e-mail when the e-mail is either 
delivered to DOL or opened by DOL. You should print and retain a copy 
of your e-mail receipt and send a copy of the receipt to DOL per the 
previous paragraph.
    For Further Information Contact: We recommend that you confirm 
DOL's receipt of your submission by contacting Ms. Andrea T.B. Brown, 
U.S. Department of Labor, Division of Indian and Native American 
Programs, telephone number (202) 693-3736 (this is not a toll-free 
number).

V. Application Review Information

1. Application Evaluation Criteria

    The factors listed below will be considered in evaluating 
applicants' approach to providing services and their ability to produce 
the best outcomes for the individuals residing in the service area.

------------------------------------------------------------------------
                                                               Maximum
                          Factors                             allowable
                                                                points
------------------------------------------------------------------------
A. (i) Previous experience or demonstrated capabilities in            30
 successfully operating an employment and training program
 established for and serving Indians and Native Americans..
(ii) Previous experience in operating or coordinating with            10
 other human resources development programs serving Indians
 and Native Americans......................................
(iii) Approach to providing services, including                       10
 identification of the training and employment problems and
 needs in the requested area, and approach to addressing
 such needs................................................
B. Demonstration of the ability to maintain continuity of             10
 services to Indian or Native American participants
 consistent with those previously provided in the
 community.................................................
C. (i) Description of the entity's planning process and                5
 demonstration of involvement with the INA community.......
(ii) Demonstration of involvement with local employers                 5
 within the service area, and with local Workforce
 Investment Boards and Youth Councils, etc.................
D. Demonstration of coordination and linkages with Indian             15
 and non-Indian employment and training resources within
 the community, including, but not limited to, community
 and/or faith-based organizations, and One-Stop systems (as
 applicable), to eliminate duplication of effort...........
E. Demonstration of support and recognition by the Native             15
 American community and service population, including local
 tribes and adjacent Indian organizations and the client
 population to be served...................................
                                                            ------------
    Total..................................................          100
------------------------------------------------------------------------

2. Review and Selection Process

    This section identifies the overall review process and the 
procedures that DOL will use when a competitive grantee designation 
process is appropriate.
    Overall Review Process. DOL's Division of Indian and Native 
American Programs (DINAP), with the concurrence of the Grant Officer, 
will conduct an initial review of all submissions for section 166 
designation for compliance with the statute, regulations, and this SGA. 
The initial review will consider, among other things, timeliness and 
completeness of submission, applicant eligibility, eligibility of the 
requested service area and population, and application of the WIA 
regulations at 20 CFR 668.210 regarding priority designation for Native 
American, Alaskan, and Hawaiian organizations. The review will include 
compliance with financial responsibility criteria, in accordance with 
20 CFR 668.220 and 668.230, to ensure that applicants are capable of 
properly handling and accounting for Federal funds.
    Organizations with no prior grant history with the Department, or 
about whom there are financial or grant management concerns, may be 
conditionally designated pending an on-site review and/or a six-month 
assessment of program progress. Failure to satisfy such conditions may 
result in a withdrawal of designation.
    The Grant Officer is not required to adhere to the geographical 
service area requested in a Notice of Intent. The Grant Officer may 
make the designation applicable to all of the area requested or, if 
acceptable to the applicant, a portion of the area requested or more 
than the area requested.
    Competitive Selection Procedures. If two or more eligible entities 
apply to provide section 166 services in the same geographic area and 
no applicant is entitled to priority designation under 20 CFR 668.210, 
then a competitive selection will be made following the procedures in 
this section. When competitive selection is necessary, DINAP will 
notify each applicant of the competing Notices of Intent no later than 
45 days after publication of this

[[Page 75648]]

SGA in the Federal Register, and invite the competing applicants to 
submit the supplemental ``Part B'' Notice of Intent and any additional 
information that the applicant determines is appropriate. To be 
considered, the Part B information and any additional information must 
be received by the Chief of DINAP or be postmarked no later than 15 
days after the applicant is notified of the competition.
    Where competitive evaluation is required, the Grant Officer will 
use a formal panel review process to score the information submitted 
with the complete Notice of Intent (Part A and B), using the criteria 
listed in Section V(1). The review panel will include individuals with 
knowledge of or expertise in programs dealing with Indians and Native 
Americans. The purpose of the panel is to review and evaluate an 
organization's potential, based on its application (including the 
supplemental information required in Part B), to provide services to a 
specific Native American community, to rate the proposals in accordance 
with the rating criteria described in Section V(1), and to make 
recommendations to the Grant Officer. The panel will be provided the 
information described in the Notice of Intent.
    It is DOL's policy that no information affecting the panel review 
process will be solicited or accepted after the deadlines for receipt 
of applications set in this SGA. All submitted information must be in 
writing. This policy does not preclude the Grant Officer from 
requesting additional information independent of the panel review 
process.
    During the review, the panel will not give weight to undocumented 
assertions. Any information must be supported by adequate and 
verifiable documentation, e.g., supporting references must contain the 
name of the contact person, an address, and telephone number. Panel 
ratings and recommendations are advisory to the Grant Officer.
    Determination of Designation. The Grant Officer will make the final 
determination of section 166 designees and of the geographic service 
area for which each designation is made. In accordance with 20 CFR 
668.250(b)(4), the Grant Officer will select the entity that 
demonstrates the ability to produce the best outcomes for its 
customers, based on all available evidence. In addition to considering 
the review panel's rating in those instances in which a panel is 
convened, the Grant Officer will consider input from DINAP, other 
offices within the Employment and Training Administration, and the DOL 
Office of the Inspector General, and any other available information 
regarding applicants' financial capability, operational capability, and 
responsibility. The Grant Officer need not designate an entity for 
every geographic area. See 20 CFR 668.294. If there are services areas 
for which no entity submitted a complete Notice of Intent or for which 
no entity achieved a score of at least 70, the Grant Officer may either 
designate no service provider or may designate an entity based on 
demonstrated capability to provide the best services to the client 
population. DOL reserves the right to select applicants with scores 
lower than 70 or lower than competing applications if such selection 
would, in DOL's judgment, result in the most effective and appropriate 
combination of services to the client population, funding, and costs.
    An applicant for section 166 designation that is refused such 
designation, in whole or in part, will be afforded the opportunity to 
appeal non-designation as provided at 20 CFR 668.270.

3. Anticipated Announcement and Award Dates

    If at all possible, designation decisions will be made by March 1, 
2004.

VI. Award Administration Information

1. Award Notices

    The Grant Officer, Ms. Laura Cesario, will notify section 166 
applicants of designation results as follows:
    Designation Letter. The designation letter signed by the Grant 
Officer will serve as official notice of an organization's designation. 
The designation letter will include the geographic service area for 
which the designation is made.
    Conditional Designation Letter. Conditional designations will 
include identification of the geographic service area, the nature of 
the conditions, actions required for the designee to achieve full 
designation status, and the time frame in which such actions must be 
accomplished.
    Non-Designation Letter. Any organization not designated, in whole 
or in part, for a requested geographic service area will be notified 
formally of the non-designation and given the basic reasons for the 
determination.
    Notification by a person or entity other than the grant officer 
that an organization has been designated is not valid.

2. Administrative and National Policy Requirements

    Grantees must comply with the provisions of WIA and its 
regulations, including those parts focused specifically on programs for 
Indians and Native Americans. As referenced in Section IV(2), Notices 
of Intent must provide assurances of compliance with nondiscrimination 
and equal opportunity laws, as listed in 29 CFR 37.20. Additionally, 
all grants will be subject to the following administrative standards 
and provisions, if applicable to the particular grantee:
    [sbull] 20 CFR part 667--Administrative provisions under Title I of 
WIA
    [sbull] 29 CFR parts 30, 31, 32, 33 and 36--Equal Employment 
Opportunity in Apprenticeship and Training; Nondiscrimination in 
Federally Assisted Programs of the Department of Labor--Effectuation of 
Title VI of the Civil Rights Act of 1964; Nondiscrimination on the 
Basis of Handicap in Programs or Activities Conducted by the Department 
of Labor; and Nondiscrimination on the Basis of Sex in Education 
Programs Receiving or Benefiting from Federal Financial Assistance
    [sbull] 29 CFR part 37--Implementation of the Nondiscrimination and 
Equal Opportunity Provisions of the Workforce Investment Act of 1998 
(WIA)
    [sbull] 29 CFR part 93--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
    [sbull] 29 CFR part 96--Federal Standards for Audit of Federally 
Funded Grants, Contracts, and Agreements
    [sbull] 29 CFR part 97--Uniform Administrative Requirements for 
Grants and Cooperative Agreements to State and Local Governments
    [sbull] 29 CFR part 98--Governmentwide Debarment and Suspension 
(Non-Procurement) and Governmentwide Requirements for Drug-Free 
Workplace (Grants)
    [sbull] 29 CFR part 99--Audit of States, Local Governments, and 
Non-Profit Organizations
    In accordance with WIA Section 195(6) and 20 CFR 668.630(f), 
programs funded under this SGA may not involve political activities. 
Additionally, in accordance with Section 18 of the Lobbying Disclosure 
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities 
incorporated under 501(c)(4) that engage in lobbying activities are not 
eligible to receive Federal funds and

[[Page 75649]]

grants. Further, 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 spouses of certain veterans for the receipt 
of employment, training, and placement services in any job training 
program directly funded, in whole or in part, by the Department of 
Labor. Please note that, to obtain priority of service, a veteran must 
meet the program's eligibility requirements. ETA Training and 
Employment Guidance Letter (TEGL) No. 5-03 (September 16, 2003) 
provides general guidance on the scope of the veterans priority statute 
and its effect on current employment training programs. DOL anticipates 
updating this guidance at the time of WIA reauthorization and issuing 
individual guidance on each affected employment training program.

3. Reporting

    Section 166 grantees will be required to submit reports on 
financial expenditures, program participation, and participant outcomes 
on no more than a quarterly basis. Grantees are encouraged to file 
reports electronically, but they may also be submitted in paper form. 
As reflected in Section I, reporting requirements will be modified for 
PY 2004-2005 to incorporate OMB Common Measures and will include 
evaluation of the Grantee's annual performance against those Common 
Measures. Current reporting requirements for section 166 grants are 
found at 20 CFR part 668, subpart F.

VII. Agency Contacts

    Programmatic questions regarding this SGA can be directed to: Mr. 
Greg Gross, Division of Indian and Native American Programs, Room S-
5206 FPB ATTN: MIS Desk, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; e-mail: [email protected]; 202-
693-3752; FAX: 202-693-3818.
    Grant and administrative questions can be directed to: Ms. Serena 
Boyd, Grants Management Specialist; e-mail: [email protected]; 202-
693-3338; FAX: 202-693-2879.

VIII. Other Information

    Potential applicants may obtain further information on the WIA 
section 166 program for employment and training of Native Americans 
through the website for DOL's Division of Indian and Native American 
Programs: http://wdsc.doleta.gov/dinap/. Any information submitted in 
response to this SGA will be subject to the provisions of the Privacy 
Act and the Freedom of Information Act, as appropriate. The Department 
of Labor is not obligated to make any awards as a result of this SGA, 
and only the Grant Officer can bind the Department to the provision of 
funds under WIA section 166. Unless specifically provided in the grant 
agreement, DOL's acceptance of a proposal and/or award of Federal funds 
do not waive any grant requirements and/or procedures.

    Signed at Washington, DC, this 22nd day of December, 2003.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.

Exhibit A \1\
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    \1\ Exhibit A is available on the DINAP Web site at http://wdsc.doleta.gov/dinap/.
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