Job Training Partnership Act: Migrant and Seasonal Farmworker Programs; Preapplications for Federal Assistance and Solicitation for Grant Application

SUMMARY: The Department of Labor (DOL or Department) announces that for

the purpose of this solicitation preapplication form 424 will be

included in the application package as opposed to being submitted as a

separate and preceding document. This announcement also provides

funding application instructions for Migrant and Seasonal Farmworker

Programs for Program Year (PY) 1995 (July 1, 1995 through June 30,

1996) pursuant to section 402 of the Job Training Partnership Act

(JTPA), 29 U.S.C. 1672. Applicants selected for funding will be

designated as grantees for PY 1995. In addition, such applicants will

not have to recompete for funding for PY 1996 (July 1, 1996 to June 30,

1997) if the grant recipient has met all applicable regulatory

requirements, has performed satisfactorily under the terms of its grant

in PY 1995, submits an acceptable training plan, and funds are

available.

Furthermore, it is the intent of the Department to exercise its

option in accordance with JTPA section 402(c)(2), as amended by Public

Law 102-367, the Job Training Reform Amendments, section 401(e), which

states that ``the Secretary may waive the requirement for such

competition upon receipt from the recipient of a satisfactory 2-year

program plan for the succeeding 2-year grant period.'' 29 U.S.C.

1672(c)(2). This option will cover the subsequent two-year grant period

for PY 1997 and PY 1998 (July 1, 1997 through June 30, 1999).

DATES: Funding applications submitted by mail shall be posted by

certified or registered mail, return receipt requested, and postmarked

no later than February 27, 1995. Funding applications submitted by

hand-delivery will be accepted daily between the hours of 8:15 a.m. and

4:45 p.m., Eastern Time, but no later than 4:45 p.m., Eastern Time, on

February 27, 1995.

No exceptions to the mailing and hand-delivery conditions set forth

in this notice will be granted. Funding applications not meeting the

conditions set forth in this notice will not be accepted.

ADDRESSES: Funding applications shall be mailed or hand-delivered to

James DeLuca, Grant Officer, ETA, 200 Constitution Avenue, NW., Room C-

4305, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Charles C. Kane, Chief, Division of

Seasonal Farmworker Programs, 200 Constitution Avenue, NW., Room N-

4641, Washington, DC 20210. Phone: (202) 219-5500 (this is not a toll-

free number).

SUPPLEMENTARY INFORMATION: This notice provides instructions to

applicants for Federal assistance under JTPA Title IV, Migrant and

Seasonal Farmworker Programs for PY 1995, and consists of: Part I--

Introduction; and Part II--Solicitation for Grant Application (SGA).

Part II constitute invitations from the Department of Labor (DOL) for

public agencies, and private nonprofit organizations authorized by

their Charters or Articles of Incorporation to provide training and

employment and other services described in this notice to submit

funding applications for Migrant and Seasonal Farmworker Programs for

PY 1995.

Part I--Introduction and Background

JTPA establishes programs to prepare youth and unskilled adults for

entry into the labor force, and to afford job training to those

economically disadvantaged individuals and others facing serious

barriers to employment who are in special need of such training to

obtain productive employment. In accordance with 29 U.S.C. 1501 et

seq., regulations promulgated by DOL to implement JTPA are set forth at

parts 626 through 638 and 1005 of Title 20, Code of Federal Regulations

(CFR).

As stated at 20 CFR 633.102, it is the purpose of section 402 of

JTPA, 29 U.S.C. 1672, to provide job training, employment

opportunities, and other services for those individuals who suffer

chronic seasonal unemployment and underemployment in the agriculture

industry. These conditions have been substantially aggravated by

continual advancements in technology and mechanization resulting in

displacement and contribute significantly to the Nation's rural

employment problem. These factors substantially affect the entire

national economy. Because of the special nature of farmworker

employment and training problems, such programs are centrally

administered at the national level. Programs and activities supported

under this section shall, in accordance with section 402(c)(3) of JTPA:

(1) Enable farmworkers and their dependents to obtain or retain

employment;

(2) Allow participation in other program activities leading to

their eventual placement in unsubsidized agricultural or

nonagricultural employment;

(3) Allow activities leading to stabilization in agricultural

employment; and

(4) Include related assistance and supportive services.

Regulations promulgated by DOL to implement the provisions of Title

IV, section 402, of JTPA are set forth in 20 CFR part 633 and part 636.

In addition, State and local governments and Native American applicants

must conform to Administrative Requirements at 29 CFR part 97. Non-

profit organizations must conform to Administrative Regulations at 29

CFR part 95. Migrant and other seasonally employed farmworker programs

are also subject to 29 CFR parts 93 (New Restrictions on Lobbying), 96

(Audit Requirements for Grants, Contracts and other agreements), and 98

(Disbarment, Suspension and Drug-free Workplace requirements).

Should the regulations at parts 633 and 636 conflict with

regulations elsewhere in 20 CFR, the regulations at parts 633 and 636

shall control with respect to programs and activities governed by these

Parts. 20 CFR 633.103(b). Further, should any instructions in this

notice conflict with JTPA regulations, the JTPA regulations shall

control. Applicants should consult and be familiar with 20 CFR part 633

in its entirety.

Pursuant to 20 CFR 633.201, DOL will not consider any funding

application when fraud or criminal activity has been proven to exist

within the applicant organization, or when efforts by the DOL to

recover debts established by final agency action have been

unsuccessful. Prior to the final selection of an applicant as a

potential grantee, DOL will conduct a Responsibility Review of the

available records to establish an organization's overall responsibility

to administer Federal funds in accordance with 20 CFR 633.204. Any

applicant which is not considered or selected as a potential grantee

because of these provisions shall be advised of its appeal rights.

Comments From the States

Executive Order 12372, ``Intergovernmental Review of Federal

Programs,'' and the implementing regulations at 29 CFR part 17, are

applicable to this program. Pursuant to these requirements, in States

which have established a consultation process expressly covering this

program, applications shall be provided to the State for comment. Since

States also may participate as competitors for this program,

applications shall be submitted to the State upon the deadline for

submission to DOL. 20 CFR 633.202(d).

To strengthen the implementation of E.O. 12372, DOL specifies the

following timeframe for its treatment of comments from the State's

Single Point of Contact (SPOC) on JTPA section 402 applications:

1. As required by 29 CFR 17.8(a)(2), the SPOC must submit comments,

if any, to DOL no later than 60 days after the deadline date for

applications;

2. DOL will forward those comments to the applicant within 10 days

of their receipt from the SPOC;

3. The applicant must submit its response to the SPOC's comments,

if any, to DOL no later than 10 days after the date of receipt from

DOL; and

4. DOL will notify the SPOC of its decision regarding the comments

and response, but will not implement that decision for at least 10 days

after the SPOC has been notified.

State Planning Estimates

State planning estimates are provided in an Appendix to this

notice, solely for the purpose of developing the funding applications.

These estimates are the same as the PY 1994 allocations. Final

allocation levels for PY 1995 will be published at a later date.

Part II--Solicitation for Grant Application

Subpart (a). Preapplication

Program Year 1995 section 402 funds are available for competition

in all States and the Commonwealth of Puerto Rico with the exception of

Alaska, Rhode Island and the District of Columbia. Pursuant to

regulations at 20 CFR 633.105(b)(2), DOL reserves the right not to

allocate any funds for use in a State whose allocation according to the

funding formula is less than $120,000.

Applications for Statewide programs are encouraged, but are not

necessary. Applicants applying for grants shall submit a preapplication

consisting of:

(1) A Standard Form 424 Facesheet found in OMB Circular No. A-102,

and, as an attachment to this solicitation;

(2) An attachment identifying, by State or county, the proposed

service area; and

(3) For a private nonprofit organization, a recent (within the last

six months) certification from a Certified Public Accountant that its

financial management system is capable of properly accounting for and

safeguarding Federal funds; or, for a public agency, a recent (within

the last six months) certification by its Chief Fiscal Officer

attesting to the adequacy of the agency's accounting system to properly

account for and safeguard Federal funds.

The Preapplication for Federal Assistance shall be submitted as

part of the application package and should also include the following:

(1) A statement indicating the legally constituted authority under

which the organization functions. An applicant which is a nonprofit

organization shall submit a copy of its Charter or Articles of

Incorporation to satisfy this requirement;

(2) An employer identification number from the Internal Revenue

Service and, for nonprofit applicants, proof of the organization's

nonprofit status.

Subpart (b). Applications for Funding

DOL is soliciting applications for grants under the provisions of

JTPA Title IV, section 402, to provide training, employment

opportunities, and other services to migrant and other seasonal

farmworkers.

Review of Funding Applications

Applications will be reviewed and rated by a competitive review

panel, using the specific review standards cited at 20 CFR 633.203.

Panel results are advisory in nature and are not binding on the Grant

Officer. In addition, prior to the final selection of an applicant as a

potential grantee, DOL will conduct a Responsibility Review of the

available records pursuant to 20 CFR 633.204. This review is intended

to establish overall responsibility to administer Federal funds and is

independent of the competitive process. Applicants failing to meet the

requirements of that or other sections of the regulations will not be

selected as potential grantees irrespective of their standing in the

competition.

Specific Rating Criteria

The rating criteria and the weights assigned to each are described

below:

(i) An understanding of the problems of migrant and seasonal

farmworkers. Range 0 to 20 points. This factor rates the applicant's

analysis of the needs of the target group, including socio-economic

characteristics of the client population and the proposed program's

potential to address those needs. Ratings are based on a clear and

concise narrative demonstrating this understanding; appropriateness of

the proposed program mix of training and supportive services meeting

the identified needs; and responsiveness to JPTA goals of targeting the

hard-to-serve for training which leads to skills acquisition, long-term

employability and increased earnings.

(ii) A familiarity with the area to be served. Range 0 to 25

points. This factor rates the applicant's knowledge of the resources of

the service area, and the proposed linkages, coordination, and

partnerships with different segments of the community within a

designated service delivery area--to further the training and placement

of farmworkers into new and better jobs; i.e., plans for involving

appropriate area agencies and programs in the design and delivery of

training and other services proposed to meet the needs of participants.

It includes a demonstrated knowledge of approximate size and location

within the State of the eligible client population, current and

changing market place needs, including areas of emerging technologies,

and how the changing skill requirements will be reflected in the

proposed program activities. Ratings are based on a clear and concise

narrative demonstrating this familiarity, and documented programmatic

ties to appropriate area agencies and programs.

(iii) A previously demonstrated capability to administer

effectively a diversified employability development program. Range 0 to

30 points. This factor rates program experience, and capability to meet

or exceed planned goals. Ratings are based on a previously demonstrated

capability to administer effectively a diversified employability

development program for migrant and seasonal farmworkers; documentation

that planned performance goals were either met or exceeded during the

period of performance; and satisfactory description of the employment

and training components and procedures necessary to undertake the goals

of this grant solicitations.

(iv) General administrative and financial management capability.

Range 0 to 25 points. This factor rates the applicant's managerial

experience, and the potential for efficient and effective

administration of the proposed program. In the case of applicants

competing for two or more States or sub-State areas, the application

for each State or sub-State area should contain a statement describing

the manner in which the grant recipient will conduct monitoring and

provide technical assistance and support to each of the States'

operations for which it achieves responsibility to the Department of

Labor. Ratings are based on consideration of the administrative

expertise of present and proposed managerial and decision-making staff,

and the extent to which the management plan demonstrates the ability to

capably and economically operate a multi-activity delivery system.

Finally, the applicant should expound on those cost benefits which will

accrue to the Department of Labor through a multi-jurisdiction (State)

approach over that offered through the management of a single venue

grant.

Content and Format of Funding Application

Exclusive of letters of support and commitment, the funding

application should not exceed 50 pages of double-spaced unreduced type.

Detailed budgets and program planning estimates are not to be part of

the funding application. These will be negotiated later with applicants

selected for grant awards.

The required application format shall be followed and contain the

sections listed below. The sections correspond to the rating criteria

listed in the preceding subpart of this notice, so that information

pertinent to specific rating criterion item (i) is contained in Section

I, information pertinent to rating criterion item; (ii) is contained in

Section II, etc.

Section I--Target Populations and Program Approach

This section should describe the applicant's approach to fulfilling

the intent of JTPA section 402. Elements to be included are:

(a) A description of the needs and problems of migrant and seasonal

farmworkers in the service area, including the socio-economic

characteristics of the farmworker population in the State or sub-State

area to be served; (Note: For applicants which are current JTPA section

402 grant recipients, a recapitulation solely of the socio-economic

characteristics of their past or current participants will not satisfy

this requirement); and

(b) The rationale for the proposed program mix of training for job

placement, training for employability enhancement, and stabilization in

agriculture through supportive services activities, including a

discussion of targeting the hard-to-serve for long-term training

leading to skills acquisition, long-term employment and increased

earnings.

Section II--Service Environment

This section should describe the applicant's current programmatic

ties within the proposed service area to appropriate State and local

agencies, private nonprofit organizations, and other groups--

particularly JTPA Service Delivery Area grant recipients, JTPA Title

III sub-State area grantees, the Offices of Migrant Education and

Migrant Health, and Farmworker Housing Programs--providing resources

and services to farmworkers such as basic education, health and child

care.

Elements to be included are:

(a) A description of existing linkages to agencies, organizations

and institutions within the service area that will result in the

coordinated delivery of services to the disadvantaged farmworker

population. Further, the applicant should detail any partnerships

developed within the service delivery area and delineate the nature of

these agreements noting the various assets brought by each party which

in turn will tend to better serve the farmworker target population.

(Note: Letters of commitment documenting appropriate programmatic ties

should be attached to the application);

(b) A description of the proposed delivery system, including a list

of the applicant's field/regional office locations and any other

delivery agents, and the services to be provided by each;

(c) A labor market assessment of the State or sub-State area to be

served with projections for current employment needs, projected skill

shortages based on new or changing industry growth as well as those

created by emerging technologies, and specific job opportunities known

to the applicant which are available in the service area; and

(d) A discussion of the approximate size and location of the

eligible client population which draws on information collected by the

applicant and from other service providers identified at the beginning

of this section.

Section III--Program Experience

This section should describe the applicant's capability and

experience in administering employment and training programs. Elements

to be included are:

(a) The types of programs operated in the proposed service area

during the past two years, including the contract, grant, or agreement

number, the name of the funding agency, the amount of funding and the

period of performance;

(b) The types of programs operated outside the service area during

the past two years, including the contract, grant or agreement number,

the name of the funding agency, the amount of funding and the period of

performance;

(c) The nature of the training, employability development, and

supportive services activities which were provided;

(Note: applicants should clearly identify those activities

undertaken within the service area);

(d) The actual versus the planned number of participants and their

placement into unsubsidized employment for each program activity;

(Note: applicants should clearly identify those performance

standards failed, met and exceeded within the service area.)

(e) A detailed description of each major activity and component of

the program proposed for funding under this grant solicitation to meet

the identified needs; this description should include a discussion of:

(1) Outreach to and recruitment of the hard-to-serve;

(2) The process of eligibility verification;

(3) Assessment and the criteria used for placement in training or

referral to other service providers;

(4) The role of grantee staff in the employment and training

process, including efforts to make training-related placements;

(5) The role of vendors in the employment and training process; and

(6) Participant tracking during training and as a follow-up after

placement;

(f) An analysis of the extent to which the proposed employment and

training program, including linkages and delivery system, is consistent

with the labor market assessment in Section II.

Section IV--Administration and Staff

This section should describe the applicant's organizational and

staffing plans. Elements to be included are:

(a) Total number of people presently involved in the administration

of the organization and the number of people who will be directly

involved in the administration and delivery of the proposed JTPA

section 402 program services, including position titles and the number

of persons in each position; abstracts of position descriptions of

managerial and decision-making positions should be attached;

(b) A description of the management and administration plan

including:

(1) Organizational structure;

(2) Personnel management procedures, including but not limited to,

capacity building, in-service training and planning;

(3) Fiscal accounting system, including a plan for maintaining cash

on hand in an amount which comports with acceptable government

requirements; the allowance payment system, if applicable; fiscal

reporting procedures; the process employed to insure the proper

expenditure of Federal funds; and the process employed to reduce to a

minimum carryover of program funds from one Program Year to the next.

(4) Internal monitoring system; in the case of applicants applying

for multiple-State or sub-State areas, a detailed plan for monitoring

each proposed service area;

(5) Provisions for hiring members of the client population; and

(6) In the case of multiple-State or sub-State applicants, a

management plan which delineates the process and manner in which the

applicant will provide oversight, technical support, management, fiscal

procedures and communications over several distinct service areas. This

section should demonstrate how these activities will be accomplished in

an efficient manner and result in reduction of costs to the Federal

Government.

Submission of Funding Application

Three copies of the funding applications shall be submitted either

by mail or hand-delivery. As noted earlier in this announcement,

mailings shall be mailed by registered or certified mail, return

receipt requested, no later than February 27, 1995. All hand-delivered

applications will be accepted daily between the hours of 8:15 a.m. and

4:45 p.m., Eastern Time. A receipt will be provided bearing the time

and date of delivery. No hand-deliveries will be accepted after 4:45

p.m., Eastern Time, on February 27, 1995. No exceptions to these

mailing and hand-delivery conditions will be granted. Applications not

meeting these conditions will not be accepted.

Funding applications shall be mailed or hand-delivered to: James

DeLuca, Grant Officer, ETA, 200 Constitution Avenue, NW., Room C-4305,

Washington, DC 20210.

Notification of Selection

The following conditions are applicable, pursuant to 20 CFR

633.205:

(a) Respondents to this SGA which are selected as potential

grantees will be notified by DOL in writing. The notification will

invite each potential grantee to negotiate the final terms and

conditions of the grant; will establish a reasonable time and place for

the negotiation; and will indicate the State or sub-State area to be

covered by the grant. Grants will be awarded for the performance period

July 1, 1995 to June 30, 1996. Applicants selected will not have to

recompete for funding for PY 1996 (July 1, 1996 to June 30, 1997) if

the grant recipient has met all applicable regulatory requirements, has

performed satisfactorily under the terms of its existing grant for PY

1995, submits an acceptable training plan, and funds are available.

(b) In the event that no grant applications are received for a

specific State or sub-State area or those received are deemed to be

unacceptable, or where a grant agreement is not successfully

negotiated, DOL may give the Governor first right to submit an

acceptable application pursuant to the precondition for Grant

Application and Responsibility Review tests at 20 CFR 633.201 and

633.204, respectively. Should the Governor not accept the offer within

15 days after being notified, the Department may then: (1) Designate

another organization or organizations, (2) reopen the area for

competitive bidding, or (3) use the allocated funds for national

account activities.

(c) An applicant whose grant application is not selected by DOL to

receive JTPA section 402 funds will be notified in writing.

(d) Any applicant whose grant application is denied in whole or

part by DOL will be advised of its appeal rights.

Signed at Washington, DC, this 20th day of December, 1994.

James DeLuca,

Grant Officer, Division of Acquisition and Assistance.

Appendix--U.S. Department of Labor, Employment and Training

Administration, PY 1994 MSFW Allotment to States

------------------------------------------------------------------------

State $ allotment

------------------------------------------------------------------------

Alabama................................................. 958,482

Alaska.................................................. 0

Arizona................................................. 1,844,515

Arkansas................................................ 1,413,128

California.............................................. 17,736,066

Colorado................................................ 976,060

Connecticut............................................. 249,724

Delaware................................................ 143,305

District of Columbia.................................... 0

Florida................................................. 5,618,785

Georgia................................................. 2,073,745

Hawaii.................................................. 304,635

Idaho................................................... 1,062,885

Illinois................................................ 1,730,238

Indiana................................................. 946,177

Iowa.................................................... 1,590,966

Kansas.................................................. 845,034

Kentucky................................................ 1,637,048

Louisiana............................................... 963,540

Maine................................................... 396,260

Maryland................................................ 371,172

Massachusetts........................................... 425,952

Michigan................................................ 1,063,917

Minnesota............................................... 1,542,915

Mississippi............................................. 1,753,755

Missouri................................................ 1,324,755

Montana................................................. 807,486

Nebraska................................................ 938,088

Nevada.................................................. 244,100

New Hampshire........................................... 136,280

New Jersey.............................................. 486,113

New Mexico.............................................. 726,150

New York................................................ 2,245,764

North Carolina.......................................... 3,639,845

North Dakota............................................ 566,841

Ohio.................................................... 1,095,381

Oklahoma................................................ 736,559

Oregon.................................................. 1,319,116

Pennsylvania............................................ 1,479,056

Rhode Island............................................ 0

South Carolina.......................................... 1,307,515

South Dakota............................................ 838,553

Tennessee............................................... 1,159,346

Texas................................................... 7,255,221

Utah.................................................... 297,062

Vermont................................................. 257,948

Virginia................................................ 1,255,496

Washington.............................................. 2,067,565

West Virginia........................................... 265,469

Wisconsin............................................... 1,487,835

Wyoming................................................. 244,410

Puerto Rico............................................. 3,557,378

---------------

Formula Total..................................... 81,387,636

------------------------------------------------------------------------

[FR Doc. 94-31762 Filed 12-23-94; 8:45 am]

BILLING CODE 4510-30-M