Job Training Partnership Act, Section 402: Migrant and Seasonal Farmworker Program and Workforce Investment Act of 1998; Section 167: Migrant and Seasonal Farmworker Programs

DEPARTMENT OF LABOR

Employment and Training Administration

Job Training Partnership Act, Section 402: Migrant and Seasonal

Farmworker Program and Workforce Investment Act of 1998; Section 167:

Migrant and Seasonal Farmworker Programs

AGENCY: Employment and Training Administration, U.S. Department of

Labor.

ACTION: Notice of Solicitation for Grant Applications (SGA) for Migrant

and Seasonal Farmworker Programs under the Job Training Partnership Act

for Transitioning to the Workforce Investment Act.

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

SUMMARY: The U.S. Department of Labor (the Department or DOL) announces

the availability of funds under Solicitation for Grant Applications

(SGA-DFA-99-009), for Migrant and Seasonal Farmworker (MSFW) Programs

for Program Year (PY) 1999, and procedures for selection of designated

grantees for PY 1999 and PY 2000 (July 1, 1999 through June 30, 2001).

This SGA is under the authority of Section 402 of the Job Training

Partnership Act (JTPA), 29 U.S.C. 1672, and Section 167 of the

Workforce Investment Act (WIA), 29 U.S.C. 9201. Applicants selected

will be designated as PY 1999/2000 grantees to deliver appropriate

workforce investment activities, and related assistance, to eligible

migrant and seasonal farmworkers. Section 402 of JTPA and Section 167

of WIA require that the eligible entities be selected using a process

consistent with Federal competitive procurement policies.

DATES: The closing date for receipt of applications is May 7, 1999, by

4:00 p.m. (Eastern Time). No exceptions to the mailing and hand-

delivery conditions set forth in this notice will be granted.

Applications that do not meet the conditions set forth in this notice

will not be considered.

ADDRESSES: Applications must be mailed or hand-delivered to: Ms.

Lorraine Saunders, U.S. Department of Labor, Employment and Training

Administration, Division of Federal Assistance, Room S-4203, 200

Constitution Avenue, NW, Washington, D.C. 20210. Reference: SGA/DFA 99-

009.

FOR FURTHER INFORMATION CONTACT: Ms. Lorraine Saunders at 202-219-8702

x 145 (this is not a toll-free number).

Part A--Introduction and Background

Introduction: During PY 1999, the MSFW program will transition its

[[Page 15992]]

operating authority from the JTPA to the WIA so that full

implementation of WIA occurs on or before the July 1, 2000 (the

beginning of PY 2000). Grantees have the authority under WIA during PY

1999 to take the steps necessary to transition from JTPA operating

authority to WIA operating authority. This authority facilitates moving

jointly with the States and in conjunction with the Local Workforce

Investment Boards, as appropriate. Grantees may submit proposals to

operate under WIA or under JTPA in PY 1999 or may transition from JTPA

to WIA during that year.

In addition, the Department intends to exercise its option to waive

competition for the succeeding two-year period (PY 2001 and PY 2002)

for grantees who perform satisfactorily during PY 1999 and PY 2000. In

accordance with WIA Section 167(c)(4)(B), the Department will establish

criteria for making a determination of satisfactory performance upon

which to base the anticipated waivers of competition for the second

two-year period. The Department will advise the grantees of its

determination and will include the criteria to be used for determining

satisfactory performance.

The proposals submitted must consist of six (6) sections as

follows: Section I--covering the applicant's understanding of the

problems of eligible migrant and seasonal farmworkers (including

dependents). Section II--capacity for utilizing the existing service

environment (and familiarity with the area to be served). Section III--

proposed major activities (including approach in transitioning from

JTPA to WIA implementation within the proposed service area). Section

IV--programmatic experience. Section V--general administrative/

financial management capability. Section VI is a place holder for the

applicant's attachments. The statement of programmatic experience must

reflect the applicant's capacity to administer effectively a

diversified program of workforce investment activities and related

assistance (an employability development program under JTPA) for

eligible migrant and seasonal farmworkers.

For rating purposes, Sections I-V are assigned a range of possible

points, and the sum of the maximum possible points for all five

sections totals 100. The most heavily weighted criteria is for Section

III which covers the proposed program design, plans for serving the

target MSFW population and proposed strategy for successfully

transitioning to full WIA implementation. The applicant's proposal for

Section III should be a description of an operational plan that is

appropriate to the service environment described by the proposer in

Sections I and II.

Background:

The objective of the Migrant and Seasonal Farmworker Program under

section 402 of the Job Training Partnership Act is to provide services

to meet the employment and training needs of migrant and seasonal

farmworkers through such public and private nonprofit organizations as

determined by the Secretary to have an understanding of the problems of

migrant and seasonal farmworkers, a familiarity with the area to be

served, and a previously demonstrated capability to administer

effectively a diversified employability development program for migrant

and seasonal farmworkers.

Section 167 of WIA specifies that the MSFW program provide

workforce investment activities and related assistance for eligible

migrant and seasonal farmworkers through eligible entities that

demonstrate an understanding of the problems of eligible migrant and

seasonal farmworkers, a familiarity with the area to be served, and a

capacity to administer effectively a diversified program of workforce

investment activities and related assistance for eligible migrant and

seasonal farmworkers (MSFWs).

The MSFW program is subject to all applicable provisions of the

JTPA regulations at 20 CFR 633, the WIA Interim Final Regulations, and

to the Department's regulations at 29 CFR Parts 93 (New Restrictions on

Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension and

Drug-free Workplace requirements), and the Department's

nondiscrimination regulations at 29 CFR 34 and the nondiscrimination

regulations implementing WIA Section 188. Should the regulations at

Part 669 conflict with regulations elsewhere in 20 CFR, the regulations

at Part 669 will control. The WIA interim final regulations will be

published soon. Further, should any instructions in this notice

conflict with WIA Interim Final Rules, the WIA regulations control.

Applicants should consult and be familiar with WIA regulations at 20

CFR Parts 660 through 671.

Consultation With Governors and Local Boards

Executive Order No. 12372, ``Intergovernmental Review of Federal

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

applicable to this program. Under these requirements, the applicant

must provide a copy of the application for comment to the States that

have established a consultation process under the Executive Order.

Applications must be submitted to the State's Single Point of Contact

(SPOC) no later than the deadline for submission of the application to

the Department.

For States that have not established a consultative process under

Executive Order No. 12372, and have established a State Workforce

Investment Board (State Board), the State Board will be the SPOC. For

WIA implementation purposes, this consultation process fulfills the

requirement of WIA Section 167(e) concerning consultation with

Governors and local Boards. To strengthen the implementation of

Executive 0rder No.12372, the Department establishes the following

time-frame for its treatment of comments from the State's SPOC on WIA

Section 167 applications:

1. The SPOC must submit comments, if any, to the Department and to

the applicant, no later than 30 days after the deadline date for

submission of application;

2. The applicant's response to the SPOC comments, if any, must be

submitted to the Department no later than 15 days after the post-marked

date of the comments from the SPOC;

3. The Department will notify the SPOC of its decision regarding

the SPOC comments and applicant response; and

4. The Department will implement that decision within 10 days after

it has notified the SPOC.

State Area Allocation Estimates

State area planning estimates will be published in a separate issue

of the Federal Register.

Part B--Solicitation for Grant Application:

To provide training, employment opportunities, and related services

to eligible migrant and seasonal farmworkers under JTPA section 402 and

WIA section 167, the Department selects the grantee for each service

area from among the competing eligible entities that apply for the

grant to serve the area. Both WIA and JTPA provide that organizations

eligible to operate MSFW programs must:

Have an understanding of the problems of eligible migrant

and seasonal farmworkers (including dependents),

Have a familiarity with the area to be served, and

Have a demonstrated capacity to administer effectively a

diversified program of workforce investment

[[Page 15993]]

activities are related assistance for eligible migrant and seasonal

farmworkers.

Submittal of the Grant Application Package

Applicants must submit an original and three (3) copies of the

complete application package for review. Applications must be mailed no

later than five (5) days prior to the closing date for the receipt of

applications. However, if application are hand-delivered, they must be

received at the designated place by 4:00 p.m. Eastern Time on the

closing date for receipt of applications. All overnight mail will be

considered to be hand-delivered and must be received at the designated

place by the specified time and closing date. Telegraphed and/or faxed

proposals will not be honored. Applications that fail to adhere to the

above instructions will not be honored.

Late Applications

Any application received at the office designated in the

solicitation after the exact time specified for receipt will not be

considered unless it:

(a) Was sent by U.S. Postal Service registered or certified mail

not later than the fifth calendar day before the closing date specified

for receipt of applications (e.g., an offer submitted in response to a

solicitation requiring receipt of application by the 30th of January

must have been mailed by the 25th); or

(b) Was sent by U.S. Postal Service Express Mail Next Day Service--

Post Office to Addressee, not later than 5 p.m. at the place of mailing

two working days prior to the date specified for receipt of

application. The term ``working days'' excludes weekends and U.S.

Federal holidays.

The only acceptable evidence to establish the date of mailing of a

late application sent by U.S. Postal Service registered or certified

mail is the U.S. postmark on the envelop or wrapper and on the original

receipt from the U.S. Postal Service. Both postmarks must show a

legible date or the proposal shall be processed as if it had been

mailed late. ``Postmark'' means a printed, stamped, or otherwise placed

impression (exclusive of a postage meter machine impression) that is

readily identifiable without further action as having been supplied and

affixed by an employee of the U.S. Postal Service on the date of

mailing. Therefore, applicants should request the postal clerk to place

a legible hand cancellation ``bull's eye'' postmark on both the receipt

and the envelope or wrapper.

The only acceptable evidence to establish the date of mailing of a

late application sent by ``Express Mail Next-Day Service-Post Office to

Addressee'' is the date entered by the post office receiving clerk on

the ``Express Mail Next Day Service-Post Office to Addressee'' label

and the postmarks on both the envelope and wrapper and the original

receipt from the U.S. Postal Service. ``Postmark'' has the same meaning

as defined above. Therefore, an applicant should request the postal

clerk to place a legible hand cancellation ``bull's eye'' postmark on

both the receipt and the envelope or wrapper.

Withdrawal of Applications

Applications may be withdrawn by written notice or telegram

(including mailgram__) received at any time before award. Applications

may be withdrawn in person by the applicant or by an authorized

representative thereof, if the representative's identity is made known

and the representative signs a receipt for the proposal.

The Grant Application Package

The Application package must consist of:

(1) A Standard Form 424 found in OMB Circular A-102 and as an

attachment to this Solicitation;

(2) A certification prepared within the last six months, attesting

to the adequacy of the entity's fiscal management and accounting

systems to account for and safeguard Federal funds properly. The

Certification is to be obtained as follows:

(a) for incorporated organizations, a certification from a

Certified Public Accountant, or

(b) for a public agency, a certification by its Chief Fiscal

Officer;

(3) A statement indicating the entity's legally constituted

authority under which the organization functions. A nonprofit

organization should submit a copy of its Charter or Articles of

Incorporation, including proof of the organization's nonprofit status;

(4) The entity's employer identification number (EIN) issued by the

Internal Revenue Service;

(5) If the applicant is a current JTPA 402 grantee, a summary of

program performance for PY 97 and for PY 98 (through the 3rd Quarter);

and

(6) The entity's application for grant funding (an original and 3

copies with original signatures) as described below.

Format and Content of Grant Application

The grant application is limited to 75 numbered pages, double-

spaced, in 12-point type. This page limitation does not include any

letters of support or the required attachments. Do not include detailed

budgets and program planning estimates in this grant application

package. Planning and budget documents will be provided to selected

applicants, as appropriate. To ensure full consideration, the

application must follow the numerical sequence of the Sections I

through V as listed below, include all attachments under Section VI,

and include a Table of Contents.

To facilitate the applicant's understanding of the application

process the rating criteria for each Section is included. Section VI

serves as the holding place in the application for the applicant's

attachments.

CONTENTS OF APPLICATION

Section I--Understanding MSFW Population of the Service Area

In this section, applicants should describe the problems that are

faced by MSFWs over the course of a year in the specific local

geographic areas proposed to be served. An understanding of the local

economy and the problems faced by MSFWs working within that economy is

important to formulating an effective service strategy.

Applicants must provide the following information in this section:

(1) A description of the socio-economic characteristics,

problems and needs of eligible migrant and seasonal farmworkers (and

their dependents) in the proposed service delivery area. (Note: For

applicants that are current JTPA Section 402 grant recipients, a

recapitulation solely of the socio-economic characteristics of past

or current participants will not adequately address this

requirement); and

(2) A description of the types of workforce investment

activities necessary to respond to the needs of the eligible

population described in paragraph (1) above, explaining how the

proposed activities will address those needs.

Rating Criteria for Section I--0 to 15 Points

The scoring will be based on the applicant's (1) described

understanding of the socio-economic characteristics and needs of the

MSFW population and (2) whether the applicant's analysis of how the

needs described will be addressed through its proposed program mix of

workforce training activities and supportive services.

Section II--Capacity for Utilizing the Existing Service Environment

In this section applicants should describe their current or planned

programmatic ties within the proposed service area to appropriate

entities, including those entities that provide educational, health and

child care

[[Page 15994]]

services to eligible farmworkers. Those entities may include: State and

Local Workforce Investment Boards, the local One-Stop Centers, State

and Local Offices of Migrant Education and Migrant Health, Farmworker

Housing Programs, eligible providers of training services as described

in WIA section 122, and other local service organizations. (Note:

Letters of commitment documenting appropriate programmatic ties should

be attached to the application in Section VI.)

Applicants that are not a current MSFW program grantee may

demonstrate their potential to enter a new market by describing

community ties related to service to farmworkers from its experiences

in other areas and/or programs and anticipated ties in the specific

community applied for.

Applicants must provide the following information in this section:

(1) A labor market assessment of the proposed service area with

projections for employment needs, projected skill shortages based on

new or changing industry growth, as well as those created by emerging

technologies, and specific job opportunities that are available in the

service area;

(2) A general description of the current service environment in the

proposed service delivery area. Include existing and proposed working

relationships and agreements with agencies, organizations and

institutions within the service area;

(3) A description of the area-wide strategy proposed or underway

for implementing the requirement of WIA to make core services of the

local One-Stop Center available to the MSFWs served under the grant.

This transition should occur in tandem with the State's implementation

schedule; and

(4) A description of the applicant's proposed delivery system,

including a list of the field/regional office locations and any other

delivery agents, and a description of the range of services proposed

for each office location.

Rating Criteria for Section II--0 to 15 Points

The scoring will be based on the applicant's (1) understanding of

local conditions, of the range of resources within the community, (2)

the applicant's potential for participating in workforce investment

system partnerships, evidenced through its demonstrated capacity to

develop ties with appropriate agencies derived from current and/or

proposed relationships, and (3) the demonstrated appropriateness of

these relationships to labor market and MSFW needs.

Section III--Major Activities Proposed for the Service Area

This section addresses the program approach that the applicant will

use to address the needs of the MSFW population described above. The

plan should describe the major program activities proposed for the

service area in detail, covering the biennial period for PYs 1999 and

2000 (July 1, 1999--June 30, 2001). PY 1999 is the transition year from

JTPA to WIA. Thus, the proposal should describe the plan under JTPA and

the implementation activities proposed during the course of PY 1999 to

ensure successful WIA implementation on or before July 1, 2000. For PY

2000 and early WIA implementation during PY 1999, identify and describe

the workforce investment activities and related assistance proposed

under WIA for eligible migrant and seasonal farmworkers that will be

available as (a) core services, (b) intensive services, and (c)

training services. The applicant should include its rationale for the

approach and proposed mix of workforce investment activities and

services.

Applicants must provide the following information about the

services proposed to be provided for MSFWs and propose a strategy

designed to provide a smooth transition from JTPA authorization to a

successful implementation of WIA:

(1) JTPA program--A description of each major component of the

program proposed for funding under JTPA that includes the following:

(a) A discussion of outreach and recruitment, targeting of the

hard-to-serve, eligibility determination and verification, initial

assessment, and the criteria used for enrollment in training or

referral to other service providers; and

(b) A description of the proposed case management approach under

JTPA, generally showing the proposed application of objective

assessment techniques and reliance on community resources (for

counseling, testing, work experience host sites, etc.) for developing

individual service strategies (ISS) for each participant;

(2) WIA transitional strategy

(a) A description that primarily addresses how the negotiation

strategy with the local workforce investment boards is expected to

produce a successful agreement on the terms of a Memorandum of

Understanding (MOU). (The executed MOU fulfills the mandatory partner

requirements of the One-Stop centers under WIA.)

(b) A description of any operating arrangements with One-Stop

partner agencies for those areas where some of the partners are

operating prior to implementation;

(3) WIA Program--A description of each major component of the

program proposed for funding under WIA that includes the following:

(a) A description of how the applicant expects to provide core

services in partnership with the local One-Stop Center and the

workforce investment delivery system in the service area;

(b) A description of any additional outreach to farmworkers

intended by the applicant and how it anticipates making the core

services of the One-Stop Center available to all who enter its field

offices;

(c) When applicable, a description of endeavors to develop linkages

through electronic or other means with One-Stop Centers serving

farmworkers in rural areas where there are no field offices;

(d) A description of the intensive services proposed under WIA.

Intensive services are defined in WIA section 134(d)(3)(C) and include

such activities as group and individual counseling, skill assessment,

case management of participants seeking training, objective assessment,

and supportive services;

(e) A description of training activities/services proposed to be

available to participants and showing that it is consistent with the

skills needed by employers. This description may be a single combined

JTPA and WIA description indicating only any differences proposed.

Training services are defined in WIA section 134(d)(4)(D) and include

occupational skills training, OJT, and entrepreneurial training; and

(f) Since WIA intensive services and WIA training services may be

combined under the MSFW program, describe how a combined approach will

provide for an enhanced service delivery strategy;

(4) Provide flow charts separate for JTPA and WIA, that illustrate

the flow of services to participants, including outreach, intake and

assessment, provision of service/enrollment in workforce investment

activities, placement, and follow-up. The charts should show the

participant flow when the applicant/job seeker enters through the One-

Stop Center and when he/she enters through the applicant's outreach

system at a local field office; and

(5) A summary of the changes to the workforce investment activities

to be offered under fully implemented WIA from those to be provided

under JTPA. Include a description of any youth activities proposed

under the authority of WIA Section 167(d).

[[Page 15995]]

Rating Criteria for Section III--0 to 40 Points

The scoring will be based on the effectiveness of the proposed

workforce investment activities in addressing the described farmworker

needs in the proposed service areas for the biennial period with

respect to (1) the program strategy to be provided under JTPA prior to

WIA implementation will serve MSFWs, (2) the proposed transitional

strategy to be pursued will achieve WIA implementation by showing how

it is anticipated to lead to the provision of One-Stop core services to

farmworkers, (3) the strategy of proposed intensive and training

services to be provided under the WIA and (4) how the proposed training

activities are consistent with the employer's demands for occupations

within the service area.

Section IV--Program Experience

In section IV the applicant describes organization's experience

(for a minimum of the two years prior to application) in administering

employment and training programs both within as well as outside the

proposed service area.

The information to be provided in this section should include the

following for each program:

(1) The type of program;

(2) Grant, contract or agreement number;

(3) Name of the funding agency;

(4) Amount of funding, period of performance and area served;

(5) A description of the major activities of the program;

(6) Proposed and actual outcomes for each activity described; and

(7) Performance standards and actual performance results for each

program listed.

Rating Criteria for Section IV--0 to 15 Points

The scoring will be based on the applicant's (1) capacity for

providing the employment and training and other workforce development

services that are appropriate for MSFWs, and (2) past performance of

all the relevant program experience.

Section V--Administration and Staff

This section describes the applicant's organizational structure and

staffing patterns.

Applicants must provide the following information in this section:

(1) An organizational chart that includes current administrative

and local field offices with staffing patterns, and a description of

the respective roles of staff in the context of delivering services in

the proposed MSFW program. Applicants should include any provisions

show any anticipated staffing changes resulting from full WIA

implementation. Also include any planned provisions for hiring members

of the client population and (as an attachment in section VI) relevant

position descriptions.

(2) A description of administrative and program management

processes which include the fiscal management systems and the program

management systems (including management information systems (MIS)).

For program management, be sure to include participant tracking and

follow-up, program monitoring and oversight, and technical support for

front line staff;

(3) For applicants that currently operate multi-state JTPA 402

programs, briefly describe which of the above program or management

activities are centrally managed/processed and the benefits (fiscal and

programmatic) attributed to the centralization of these activities.

Rating Criteria for Section V--0 to 15 Points

This section rates the applicant's managerial experience, and the

potential for efficient and effective administration of the proposed

program.

Section VI--Attachments

Include the attachments to the grant application in this section.

No rating criteria apply to this section.

Part C--Review Process of Grant Applications

Panel Review

The Grant Officer will select potential grantees utilizing all

information available to him/her. A review panel will rate each

proposal using the specific criteria cited above. Panel results are

advisory in nature and are not binding on the Grant Officer. The Grant

Officer may, at his/her discretion, request an applicant to submit

additional or clarifying information if deemed necessary to make a

selection. However, selections may be made without further contact with

the applicants.

Responsibility Review

Prior to awarding a grant to any applicant, the Department will

conduct a responsibility review of available records. The

responsibility review relies on tests of available records to determine

if the applicant has established a satisfactory history of accounting

for Federal funds and property. The responsibility review is

independent of the panel review process. Applicants failing to meet the

requirements of this section may be disqualified for selection as

grantees, irrespective of their standing in the competition. Any

applicant that is not selected as a result of the Grant Officer's

responsibility review will be advised of its appeal rights. The

responsibility tests that will be considered are presented in the WIA

regulations.

Areas not competed

In the event that,

1. No grant applications are received for a specific service

delivery area; or

2. All applications received are determined unacceptable; or

3. Where a grant agreement is not successfully negotiated with the

selected grantee; the Department will offer the Governor of the State,

if that State had not applied, a first right to submit an acceptable

application. If the Governor does not accept this offer within 15 days

after being notified, the Department may:

1. Designate another organization; or

2. Reopen the service delivery area for competitive bidding; or

3. Allocate the area's funds by formula to all other service areas;

or

4. Transfer the funds for that service area to national account

activities.

Notification of Non-Selection

Any applicant that is not selected as a potential grantee, or that

has its grant application denied in whole or in part by the Department

for receipt of funds, will be notified in writing by the Grant Officer

and will be advised of all appeal rights.

Notification of Selection

The following conditions are applicable to notification of

selection:

(a) Applicants selected as potential grantees will be notified in

writing by the Grant Officer;

(b) The notification will invite each potential grantee to

negotiate the final terms and conditions of the grant as applicable,

will establish a reasonable time and place for such negotiations, and

will indicate the specific service delivery area and amount of funds to

be allocated under the grant;

(c) PY 99 funds will be awarded for the performance period July 1,

1999 to June 30, 2000 and PY 2000 funds (subject to continued Federal

appropriation) will be awarded without competition for the period July

1, 2000 to June 30, 2001; and

(d) Grantees will be selected for a two year period ending June 30,

2001.

Annual Plan and Grant Agreement

All applicants will be provided instructions for completion of the

[[Page 15996]]

MSFW annual plan. This document must be completed by the selected

applicants only and submitted for approval prior to the execution of

the grant.

Signed at Washington, D.C., this 29 day of March, 1999.

E. Fred Tello,

Grant Officer, Division of Federal Assistance.

BILLING CODE 4510-30-U

[[Page 15997]]

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[[Page 15998]]

[GRAPHIC] [TIFF OMITTED] TN02AP99.010

[FR Doc. 99-8114 Filed 4-1-99; 8:45 am]

BILLING CODE 4510-30-C