[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6272-6276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3347]


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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: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="bbf0faf5fef8fbfff4f7feeffa95fcf4ed95">[email protected]</a>

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

[[Page 6276]]

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]
BILLING CODE 4510-30-M


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