Job Training Partnership Act: Migrant and Seasonal Farmworker Programs; Application of Waiver Provision, and Solicitation for Grant Application

DEPARTMENT OF LABOR

Employment and Training Administration

Job Training Partnership Act: Migrant and Seasonal Farmworker

Programs; Application of Waiver Provision, and Solicitation for Grant

Application

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of the application of the waiver from the requirement

for competition of migrant and seasonal farmworker grants every two

years, and notice of solicitation for grant applications (SGA) for

funding of migrant and seasonal farmworker training and employment

programs in five State service areas.

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SUMMARY: This action concerns funding of the Migrant and Seasonal

Farmworker grants authorized under section 402 of the Job Training

Partnership Act (29 U.S.C. 1672). The Department of Labor (DOL or

Department) announces that for state service areas currently served by

grantees that are performing satisfactorily, the Department is

exercising its option to waive competition for the second two-year

funding period of the current four-year funding cycle that began with

the 1995 Program Year (PY) on July 1, 1995.

The State service areas for which competition is not waived are

Minnesota, Mississippi, North Dakota, Puerto Rico, and South Dakota.

Since competition is not waived for these areas, this notice solicits

proposals for grant applications from qualifying organizations to serve

these areas during Program Years 1997 and 1998 (July 1, 1997 through

June 30, 1999). Applicants selected will be designated as grantees for

these five areas for PYs 1997 and 1998 (July 1, 1997 through June 30,

1999). For the purpose of this solicitation, Preapplication for Federal

Assistance (SF 424) will be included in the application package as

opposed to being submitted as a separate and preceding document.

DATES: Applications for Grant Agreements shall be submitted by

certified or registered mail, return receipt requested, and postmarked

no later than April 14, 1997. 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 April 14,

1997.

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

in this notice will be granted. Funding applications failing to meet

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 S-

4203, 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). E-mail: [email protected]

A. Notice of Waiver of Competition

The Department announces that it is waiving the requirement to

conduct a competition for grants to serve migrant

[[Page 6273]]

and seasonal farmworkers during the 1997 and 1998 Program Years under

Section 402 of the Job Training Partnership Act for all grantees except

those serving Minnesota, Mississippi, North Dakota, Puerto Rico, and

South Dakota.

This waiver is exercised in accordance with JTPA section 402(c)(2)

which states as follows:

The competition for grants under this section shall be conducted

every 2 years, except that if a recipient of such a grant has

performed satisfactorily under the terms of the existing grant

agreement, the Secretary may waive the requirement for such

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

grant period.

This waiver applies to the ``succeeding 2-year grant'' period of

the four year funding cycle that began July 1, 1995. Grants for the

first 2-year grant period covering PYs 1995 and 1996 (July 1, 1995

through June 30, 1997) were competed through a solicitation for grant

agreements for every State service area.

The Department has determined that there are three grantees that

have not performed satisfactorily during the current Program Year.

These grantees operate Section 402 migrant and seasonal farmworker

grant programs in the five State service areas of Minnesota,

Mississippi, North Dakota, Puerto Rico and South Dakota. Since the

waiver does not apply to these five areas, the Department seeks

qualifying grantees for operating programs in these five areas under

the Solicitation that follows.

B. Solicitation for Grant Agreements

This notice provides instructions consisting of: Part I--

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

Part II constitutes invitations from the Department 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 operating migrant and seasonal farmworker

programs during PY 1997 in Minnesota, Mississippi, North Dakota, Puerto

Rico and South Dakota.

Part I--Introduction and Background

JTPA, 29 U.S.C. 1501 et seq., 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. The regulations promulgated

by DOL to implement JTPA are set forth at parts 626 through 638 of

Title 20, Code of Federal Regulations (CFR).

The purpose of section 402 of JTPA, as set forth at 29 U.S.C. 1672

and 20 CFR 633.102, is 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 (Restrictions on Lobbying), 96

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

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

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, 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; and

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

and response, but, under normal circumstances, will not implement that

decision for at least 10 days after the SPOC has been notified.

Planning Estimates

Planning estimates for the five jurisdictions are provided below.

The stated amounts are solely for the purpose of developing the funding

applications and are the same as the PY 1996 allocations. Final

allocation levels for PY 1997 will be published for all State service

areas at a later date.

Minnesota: $1,243,685

Mississippi: $1,413,704

North Dakota: $456,939

Puerto Rico: $2,867,153

South Dakota: $675,971

Part II--Solicitation for Grant Applications

A. Funding Applications

Program Year 1997 section 402 funds are available for grants to

serve all State service areas except Alaska, Rhode Island and the

District of Columbia. As stated in the preceding portion of this

notice, funds will be awarded through competition to serve the five

State service areas listed above.

Applications for Statewide programs are encouraged, but are not

necessary.

[[Page 6274]]

Applicants applying for grants shall submit:

(1) A Standard From 424 Facesheet found in OMB Circular No. A-102;

(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 (EIN) from the Internal

Revenue Service and, for nonprofit applicants, proof of the

organization's nonprofit status.

B. Review of Funding Applications

Applications will be reviewed and rated by a review panel applying

the 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 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.

C. Rating Criteria

The rating criteria and the weights assigned to each are described

below:

(1) 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 JTPA goals of targeting the

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

employability and increased earnings.

(2) A familiarity with the area to be served. Range 0 to 15 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 in order 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.

(3) A previously demonstrated capability to administer effectively

a diversified employability development program, including program

outcomes. 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 solicitation.

(4) General administrative and financial management capability,

including audit outcomes. 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

State's 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.

D. Content and Format of Funding Application (Statement of Work)

Exclusive of letters of support and commitment, the funding

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

Cost issues should not be addressed in an applicant's submission.

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

the 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.

(1)--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 sole recapitulation 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.

(2)--Service Environment

This section should describe the applicant's current programmatic

ties

[[Page 6275]]

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 II

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 areas 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.

(3)--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, the

period of performance and program outcomes;

(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 determination and 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 of this notice.

(4)--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 (for applicants applying for

multiple-State or sub-State areas, this includes a 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; and

(7) A statement describing the applicant's experience with audits,

including the results of recent audits.

E. 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 April 14, 1997. 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 April 14, 1997. 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.

F. Notification of Selection

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

grantees will 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, 1997 to June

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30, 1998. Applicants selected will not have to recompete for funding

for PY 1998 (July 1, 1998 to June 30, 1999) if the grant recipient has

met all applicable regulatory requirements, has performed

satisfactorily under the terms of its existing grant for PY 1997,

submits an acceptable training plan or PY 1998, and funds are

available.

(b) In the event that no grant applications will 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 4th day of February, 1997.

James DeLuca,

Grant Officer, Division of Acquisition and Assistance.

[FR Doc. 97-3347 Filed 2-10-97; 8:45 am]

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