1

Farm Labor 

Stabilization and 

Protection Pilot 

Program

Fiscal Year (FY) 2023

Farm Labor Stabilization and Protection 

Pilot Program

Notice of FundingOpportunity (NFO) 

No. USDA-FSA-OA-FLSP-G-23-0001
. Page 2 of 31

Federal Awarding Agency Name: U.S. Department of Agriculture (USDA) – Farm Service Agency (FSA) 

Notice of Funding Opportunity Title: Farm Labor Stabilization and Protection Pilot Program (FLSP) 

Notice of Funding Opportunity Number: USDA-FSA-OA-FLSP-G-23-0001

Assistance Listing: 10.978

Dates: Applications for the FLSP program must be received on or before 11:59 pm Eastern Time on January 03, 

2024 through Grants.gov. Applications received after this deadline will not be considered for funding.

Executive Summary: USDA requests applications for the fiscal year (FY) 2023 Farm Labor Stabilization and 

Protection Pilot (FLSP) grant program. Section 1001(b)(4) of the American Rescue Plan Act (ARPA) (Pub. L. No.

117-2) provides funds for the FLSP program, for the purpose of providing “loans and grants and other assistance 

to maintain and improve food and agricultural supply chain resiliency.” The USDA Farm Service Agency (FSA) 

will provide the FLSP Program funding; however, USDA Agricultural Marketing Service (AMS) will administer the 

program. This Notice will refer to FSA and AMS jointly as USDA.

Thisfunding announcement provides information about the eligibility criteria for applicants, associated 

instructions to apply for a grant and required documents, and evaluation criteria.

The FLSP program aims to improve food and agricultural supply chain resiliency by addressing challenges 

agricultural employers face with labor shortages and instability. The FLSP Program seeks to advance the 

following Administration priorities and funds will be awarded with the purpose described below:

Goal 1: Drive U.S. economic recovery and safeguard domestic food supply by addressing 

current labor shortages in agriculture;

Goal 2: Reduce irregular migration from Northern Central America through the expansion of 

regular pathways; and

Goal 3: Improve working conditions for all farmworkers.

USDA will advance these priorities by awarding grants to agricultural employers, to be known as Awardees, that 

commit to all Baseline Requirements and choose to apply for employees through the H-2A Temporary,

Agricultural Employment of Foreign Workers Program (“the H-2A program”) as outlined in Section 218 of the

Immigration and Nationality Act, and based on the additional competitiveness of their application.

Awardees must demonstrate an effort to effectively recruit U.S. based workers and hire all willing, able, and 

qualified U.S. applicants; if Awardees are unable to meet their labor needs through this recruitment, they must 

submit an application for Temporary Employment Certification (Form 9142A), in accordance with U.S. 

Department of Labor (DOL) H-2A program. More information on eligibility and the H-2A Temporary, Agricultural

Employment of Foreign Workers Program (“the H-2A program”) as outlined in Section 218 of the Immigration

and Nationality Act, including DOL and U.S. Department of Homeland Security (DHS) requirements can be found 

in Section 3.3.

NOTICE OF FUNDING OPPORTUNITY (NFO)
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APPLICATION CHECKLIST

TIPS FOR APPLICANTS

Awardees will be selected based on commitment to all Baseline Requirements of the FLSP, employing workers 

through the H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”), and 

on the competitive nature of their application.

Up to $65 million will be available to fund grants under this solicitation. The maximum award amount is

$2,000,000 and the minimum amount is $25,000 per grant agreement (and any sub-awardees as described in 

Section 3.4). Award amounts will be determined based on the projected number of full-time equivalent (FTE) 

agricultural employees, and requested award level.

Stakeholder Input: USDA welcomes comments about this NFO, and we will consider them in developing future 

NFOs. Email written stakeholder comments within one year of the publication date of this NFO to: 

FLSPgrants@usda.gov. This email address is intended only for receiving comments regarding this NFO and not 

requesting information or forms.

USDA expects applicants to read the entire NFO prior to submitting their application to ensure they understand 

the program’s requirements. See Section 5.2 for more details on the required contents of an application 

package.

The required documents for an application package include the following:

☐ Standard Form (SF) 424 – Application for Federal Assistance (in Grants.gov)

☐ FLSP Project Abstract Summary (in Grants.gov)

☐ FLSP Narrative Form (attached as PDF)

When applicable, application packages are required to include the following (attached as PDF or MSWord)

☐ Signed Letters of Commitment – from all Partner and Sub-Awardee organizations

☐ Private Recruiter Letter of Commitment – for applicants utilizing private recruiters

☐ Contract or evidence of participation – for any applicants engaged in a worker-driven social 

responsibility contract, collective bargaining agreement, or other partnership contract

• Thoroughly read this NFO and follow all instructions.

• Register in Grants.gov and submit applications early. DO NOT WAIT UNTIL THE DAY OF THE APPLICATION 

DEADLINE. USDA encourages you to submit your application at least two weeks before the application 

deadline to ensure all certifications are met.

• Apply to the correct grant program in Grants.gov using the correct Assistance listing (formerly Catalog of 

Federal Domestic Assistance (CFDA) number “10.978” and Funding Opportunity Number “USDA-FSA-OAFLSP-G-23-0001”

• To do business with the Federal Government and to submit your application electronically using 

Grants.gov, you must:

o Have a Unique Entity Identifier (UEI) and a Taxpayer Identification Number (TIN);

o Be registered in the System for Awards Management (SAM.gov), the Government's primary 

registrant database;

o Provide your Unique Entity Identifier (UEI) number and TIN on your application; and
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TECHNICAL ASSISTANCE

TIMING TO OBTAIN AND SUBMIT GRANTS.GOV REQUIRED ELEMENTS

o Maintain an active SAM.gov registration with current information throughout the application review 

period, and if you are awarded a grant, throughout the duration of the project period.

• Thoroughly review the FLSP General Terms and Conditions. Ensure the application excludes unallowable 

costs and activities.

• Ensure you have the most recent copy of Adobe Reader installed on your computer and that it is 

compatible with Grants.gov software. Grants.gov supports Adobe Reader version 9.0.0 and higher.

• Limit Application File Size/File Name Characters (50 or less).

• Avoid Special Charactersin File Names ($, %, &, *, ñ, etc.).

• When uploading attachments, click the “Add Attachments” button (do NOT use the “paperclip” icon in 

Adobe Reader).

• Do not password-protect your documents and make sure all tracked-changes are “accepted”.

• Review the Grants.gov Applicant User and Registration Guides:

o Applicant FAQs

o Workspace Overview

USDA staff cannot support applicants regarding Grants.gov accounts. For technical issues with Grants.gov, 

contact Grants.gov Applicant Support at 1-800-518-4726 orsupport@grants.gov. For new Grants.gov users, see 

Section 5.2 for information about steps required before submitting an application via Grants.gov.

For inquiries specific to the content of the NFO requirements, contact the Federal awarding agency contact 

(Section 8.0) or the FLSP Technical Assistance Provider. Please limit questions to those regarding specific 

information contained in this NFO (such as dates, page numbers, clarification of discrepancies, etc.).

FLSP and H-2A Technical Assistance: USDA will offer no-cost technical assistance (TA) to help applicants 

navigate a broad range of needs in applying to this grant program, including determining eligibility and desired 

award level, meeting grant requirements, and navigating U.S.-based recruitment and the H-2A program and 

compliance. In addition to the grant funding itself, the technical assistance is one of the program’s primary 

benefits for agricultural employers. For more information on technical assistance available, visit: 

www.ams.usda.gov/FLSP.

Federal Financial Assistance Training: The funding available through this NFO is Federal financial assistance. 

Grants 101 Training is highly recommended for those seeking knowledge about Federal financial assistance. The 

training is free and available to the public at https://www.grants.gov/learn-grants.html.

Required Action Timing to Obtain/Submit

The deadline to receive final application and allsupporting materialsthrough 

Grants.Gov

January 03, 2024 – 11:59 p.m. 

Eastern Time

Obtaining Your Organization’s UEI Number (if you do not already have one) Allow approximately 7-10 

business days

Establishing an Active SAM.gov Account (if you do not already have one) Allow approximately 7-10 

business days

Obtaining a TIN/EIN (if you do not already have one) Allow approximately 2 weeks

Creating your Grants.gov profile and registering your Authorized 

Organizational Representative (AOR) authorization Allow approximately 4 weeks
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Table of Contents

1.0 PROGRAM DESCRIPTION...................................................................................................................................... 8

1.1 LEGISLATIVE AUTHORITY............................................................................................................................................. 8

1.2 PURPOSE..................................................................................................................................................................... 8

1.3 PROJECT TYPES AND AWARD LEVELS........................................................................................................................... 9

2.0 FEDERAL AWARD INFORMATION........................................................................................................................ 13

2.1 TYPE OF FEDERAL ASSISTANCE .................................................................................................................................. 13

2.2 TYPE OF APPLICATIONS ............................................................................................................................................. 13

2.3 AVAILABLE FUNDING................................................................................................................................................. 13

2.4 FEDERAL AWARD PERIOD AND DURATION................................................................................................................ 13

3.0 ELIGIBILITY INFORMATION ................................................................................................................................. 13

3.1 ELIGIBLE APPLICANTS................................................................................................................................................ 13

3.2 ELIGIBILITY CRITERIA DEADLINE ................................................................................................................................ 15

3.3 ABOUT THE H-2A TEMPORARY FOREIGN AGRICULTURAL WORKERS PROGRAM .......................................................14

3.4 APPLICATION TYPES .................................................................................................................................................. 16

3.5 ELIGIBILITY RESTRICTIONS......................................................................................................................................... 18

4.0 FUNDING CONSIDERATIONS ............................................................................................................................... 18

4.1 PARTNERSHIPS AND SUB-AWARDEES........................................................................................................................ 18

4.2 COST SHARING OR MATCHING.................................................................................................................................. 18

4.3 ALLOWABLE AND UNALLOWABLE COSTS AND ACTIVITIES......................................................................................... 18

5.0 APPLICATION AND SUBMISSION INFORMATION ................................................................................................. 19

5.1 ELECTRONIC APPLICATION MATERIALS ..................................................................................................................... 19

5.2 CONTENT AND FORM OF APPLICATION SUBMISSION................................................................................................ 19

5.3 REGISTER IN GRANTS.GOV ........................................................................................................................................ 21

5.4 SUBMIT AN APPLICATION.......................................................................................................................................... 22

5.5 SUBMITTED APPLICATION QUALIFICATION ............................................................................................................... 23

5.6 SUBMISSION DATE AND TIME.................................................................................................................................... 23

5.7 INTERGOVERNMENTAL REVIEW................................................................................................................................ 24

5.8 FUNDING RESTRICTIONS ........................................................................................................................................... 24

5.9 TECHNICAL ASSISTANCE ............................................................................................................................................ 24

6.0 APPLICATION REVIEW INFORMATION................................................................................................................. 25

6.1 PROJECT EVALUATION CRITERIA ........................................................................................................................................ 25

6.2 REVIEW AND SELECTION PROCESS ............................................................................................................................ 27

7.0 FEDERAL AWARD ADMINISTRATION INFORMATION............................................................................................ 28

7.1 FEDERAL AWARD NOTICES ........................................................................................................................................ 28

7.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS....................................................................................... 28

7.3 REPORTING AND PAYMENT SCHEDULE ..................................................................................................................... 28

7.4 AUDIT REQUIREMENTS ............................................................................................................................................. 29

8.0 CONTACT INFORMATION ................................................................................................................................... 29

9.0 OTHER INFORMATION........................................................................................................................................ 30

9.1 DEFINITIONS ............................................................................................................................................................. 30

9.2 FREEDOM OF INFORMATION ACT (FOIA)................................................................................................................... 31

9.3 GOVERNMENT OBLIGATION...................................................................................................................................... 31

9.4 PAPERWORK REDUCTION ACT................................................................................................................................... 31
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10.0 U.S. DEPARTMENT OF AGRICULTURE NON-DISCRIMINATION STATEMENT ........................................................... 31
. Page 7 of 31

1.1 LEGISLATIVE AUTHORITY

1.2 PURPOSE

Section 1001(b)(4) of the American Rescue Plan Act (ARPA) (Pub. L. No. 117-2) funds the Farm Labor 

Stabilization and Protections Pilot (FLSP) program, pursuant to USDA’s authority to provide “loans and 

grants and other assistance to maintain and improve food and agricultural supply chain resiliency.” USDA 

FSA will provide FLSP funding, and USDA AMS will administer the FLSP Program.

The purpose of this program is to improve food and agricultural supply chain resiliency by addressing the 

challenges agricultural employers face with labor shortages and instability. The FLSP Program seeks to 

advance the following Administration priorities:

• Goal 1: Address current labor shortages in agriculture. Based on stakeholder input, USDA identified an 

urgent need, and data support, that agricultural employers are experiencing increased challenges 

finding an adequate supply of workers. U.S. farm employers have turned to the H-2A Temporary 

Agriculture Workers program, which has seen a seven-fold increase since 2005. The H-2A program helps 

American farmers who anticipate a lack of available domestic workers and meet specific regulatory 

requirements to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services 

on a temporary or seasonal basis if certain conditions are met. See Section 3.3 to read more about the 

H-2A program statutory and regulatory requirements.

• Goal 2: Reduce irregular migration from Northern Central America through the expansion of regular

pathways. While U.S. agricultural operations seek an additional supply of workers, the U.S. has 

committed to promote the expansion of regular migration pathways, as part of the Los Angeles

Declaration on Migration and Protection. The FLSP offers an opportunity to support this commitment, 

with economic benefits for foreign workers and their families, and professional and economic 

development opportunitiesfor communities that send their workersto participate in the H-2A program, 

including the government-led recruitment and vetting of seasonal workers through the Ministries of El 

Salvador, Guatemala, and Honduras supported by the U.S. Department of State, U.S. Department of 

Homeland Security, and U.S. Agency for International Development (USAID).

• Goal 3: Improve working conditionsfor farmworkers. A stable and resilient food and agricultural sector 

relies on attracting and retaining skilled agricultural workers. Stakeholder input indicates that worker 

recruitment and retention is strongly influenced by the quality of the jobs, such as those outlined in the 

Good Jobs Principles from U.S. Departments of Commerce and Labor. The essential FLSP program 

requirements are designed to promote benefits and protections for workers, namely through greater 

transparency of the recruitment process and ensuring employees fully understand their rights and 

resources available to them and sharing this information via culturally relevant approaches and trusted 

communicators. In addition, the program prioritizes applicants that commit to additional benefits and 

protections, noted in the Supplemental Employee Commitments section, offering higher awards (Silver 

and Platinum for different levels of commitments). The benefits and protections required and 

incentivized by the FLSP have been informed by stakeholder input, research, public comments, listening 

sessions, and thorough input from other federal agencies.

1.0 PROGRAM DESCRIPTION
. Page 8 of 31

1.3 PROJECT TYPES AND AWARD LEVELS

These priorities were informed by extensive stakeholder outreach. USDA published a Request for 

Information on challenges employers face in securing a stable workforce, types of incentives and labor 

standards to improve their ability to hire workers from North Central America and make meaningful 

progress towards ensuring safer and fairer working conditions for farmworkers, as well as barriers and 

challenges faced by farmworkers and recommendations on how to increase farmworker awareness of 

resources and worker rights and held listening sessionsto gather input from agricultural employers, unions 

and farmworker advocacy groups. Recordings of these sessions are available here. In addition, USDA 

commissioned a report by the United Farm Workers that provided important insight and helped shape 

program design.

USDA will advance these priorities by funding grants to agricultural employers, to be known as Awardees, 

that seek to hire workers through the H-2A Temporary, Agricultural Employment of Foreign Workers 

Program, as outlined in Section 218 of the Immigration and Nationality Act. For the purposes of this program 

and NFO, USDA uses the term “agricultural employee” interchangeably with the more colloquial terms, such 

as “worker,” “agricultural worker,” “farm laborer,” or “farmworker.”

The FLSP includes three award levels, with increasing funding levels that reflect a higher level of 

commitment to working conditions for farmworkers. Baseline Award projects entail a minimal level of 

commitment (outlined in Table 2 below). By committing to additional employee benefits and protections 

(outlined in Table 3 below), applicants may submit a more competitive Silver or Platinum application for a 

higher award. Beyond the essential public goods supported by Baseline Award projects, the Silver and 

Platinum Award projects offer meaningful improvements to working conditions for agricultural workers, 

further supporting food and agriculture supply chain resiliency. Table 1 lists the range of award amounts 

based on the desired award level and the total number of full-time equivalent (FTEs) agricultural workers 

employed by the applicant (and sub-awardees). 

Table 1. Award structure, based on FTEs and applicant commitment level.

Award amount 1-10

FTEs

11-25

FTEs

26-75

FTEs

76-200

FTEs

201-500

FTEs

501-2000

FTEs

2001+ 

FTEs

Baseline $ 25,000 $ 50,000 $ 100,000 $ 150,000 $ 180,000 $ 215,000 $ 250,000

Silver $ 100,000 $ 200,000 $ 400,000 $ 600,000 $ 720,000 $ 860,000 $ 1,000,000

Platinum $ 200,000 $ 400,000 $ 800,000 $ 1,200,000 $ 1,440,000 $ 1,720,000 $ 2,000,000

To be eligible for the Baseline award, as well as the higher Silver and Platinum award levels, applicants must 

demonstrate their ability to meet all the baseline program requirements.

Table 2. Baseline requirements, for all award levels

Program Requirement Description

Universal protections and 

benefits

All commitments must be applied universally to all of the applicant’s 

agricultural employees, H-2A or otherwise, whether hired directly, jointly or 

via a contractor, at each and every work site within the applicant’s 

operation throughout the entirety of the grant performance period. If

awarded, all commitments in the Awardee’s application must be included in 

their H-2A Job Order.
. Page 9 of 31

Participation in FLSP 

research and reporting

USDA and our federal partnersseek to understand the degree to which

the FLSP’s structure and incentives effectively support a more stable farm 

workforce for U.S. agricultural employers and incentivize improved 

working conditions. Findings will help inform employer best practices to 

attract and retain skilled employees for U.S. agricultural jobs, guide 

industry stakeholders and policymakers, and illuminate areas for 

necessary employer and employee support or technical assistance.

Awardees must participate in research conducted by a non-partisan, thirdparty university partner selected by USDA. USDA requires that all 

Awardees agree to grant access to their full agricultural workforce (or 

contractors) for the purpose of research surveys and/or interviews for the 

entirety of the grant performance period, including two annual 

agricultural seasons. In an effort to understand the long-term effects of 

FLSP, Awardees and applicants may be contacted to participate in followup research.

All research data will be treated confidentially and will be used for 

research purposes only. Research reports or other outputs will ensure the 

confidentiality of participants. Data collected in FLSP research will have no

impact on grant performance, payments or outcomes.

Participation in Know 

Your Rights and Resources 

(KYRR) access and training

This component has been developed to address numerous public 

comments and stakeholder feedback that expressed the need for 

culturally appropriate KYRR education for farmworkers conducted by 

farmworker-trusted entities. For this reason, the FLSP requires Awardees 

to allow in-person access to all employees and to pay all non-supervisory 

employees’ time to attend a KYRR session conducted by a USDA 

cooperator partner at the beginning of workers’ contracts, on-site in a 

conducive environment. Awardees will be required to contact the USDA 

Cooperator partner to schedule a Know Your Rights and Resources session

within two weeks of employees’ start date.

Responsible Recruitment1

Applicants must indicate their recruitment methods for U.S. based 

workers and foreign workers and update the U.S. government if their 

recruitment methods change aftersubmitting a FLSP application to USDA. 

If applicants choose to use a private recruiter or recruiting agency, they 

are required to disclose the name of all agents (as required in the H-2A 

form I-129), and any sub-contractors that will be used in the process.

Applications must provide attestation that any recruiter used is registered 

in the country in which they are recruiting, if registration is available. In 

addition, if applicants use private recruiters, the applicants must submit a 

Recruiter Partner Letter, with the recruiter’s written responses to the 

questions about recruitment practices.

Awardeesremain subject to all applicable federal, state, and local laws

regarding recruitment practices, including DOL and DHS H-2A regulations

1

 For more information, see “Guidance on Fair Recruitment Practices for Temporary Migrant Workers,” 

https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/2022/06/ILAB20220565.pdf.
. Page 10 of 31

governing recruitment and the charging of fees. See Section 3.3 to read

more about the H-2A program statutory and regulatory requirements. 

To apply for the Silver or Platinum award, applicants must commit to and demonstrate their ability to meet 

selected Supplemental Employee Commitments. Table 3 (below) outlines the elective options applicants can 

select to be eligible for higher award. Applicants that elect the Silver level award must meet at least two 

options from the (mid column) Pay, Benefits and Working Conditions column; it is also recommended, but 

not required, to select one option from the (right-hand) Partnership Agreements column for the Silver level. 

Platinum level applicants must commit to the (left-hand) Responsible Recruitment column and to at least 

three options from the (mid column) Pay, Benefits and Working Conditions column, and at least one option 

from the (right-hand) Partnership Agreements column.

Each elective Supplemental Employee Commitments (outlined in Table 3) was designed to be achievable by 

employers, meaningful to employees, and have measures of accountability that allow USDA, as well as 

employers, to demonstrate the impact of the FLSP program goals. The most competitive applications will 

indicate strong and compelling commitment and capacity to implement the fullest possible scope of each 

selected Supplemental Employee Commitments (outlined in Table 3). Applicants are advised that each 

selected additional commitment must be listed as a term and condition of employment in the employer's 

job order, including any job order associated with the employer's H-2A labor certification application 

pursuant to 20 CFR 655.121, 655.122(a), 655.103(b) (definition of work contract). See Section 3.3 to read 

more about the H-2A program statutory and regulatory requirements.

Table 3. Supplemental Employee Commitments for Silver and Platinum award levels

RESPONSIBLE RECRUITMENT

Silver bundle: recommended but 

not required

Platinum bundle: required

PAY, BENEFITS AND WORKING CONDITIONS

Silver bundle: choose at least two

Platinum bundle: choose at least three

PARTNERSHIP AGREEMENTS

Silver bundle:recommended, but not 

required

Platinum bundle: choose at least one

Selections can include existing practices or new adoptions, but must exceed state law to qualify for Silver or Platinum bundle

1. Recruitment via NCA 

Ministries. Demonstrate effort 

to recruit and hire any H-2A 

workers through governmentled recruitment and vetting of 

workers from Ministries of 

Labor in Guatemala and 

Honduras and the Ministry of 

Foreign Affairs in El Salvador.

1. Overtime Pay. Where not already required 

by state law, guarantee of overtime pay (1.5 

times hourly rate) for hours worked in 

excess of 40 hours/week.

2. Bonus Payment. Clearly defined bonus 

payment to all employees transmitted at 

regularly scheduled intervalsthroughout the 

duration of the employee’s contract. 

[Describe payment amount, method of 

implementation, and tactics to ensure 

transparent payment to employees. This 

commitmentrequires a narrative description 

and may be competitively ranked based on 

demonstrated implementation plan.]

3. Paid Sick Leave. Paid sick leave plan that 

includes accruing at least 4 hours per (2- 

week/bi-monthly) pay period, with a 

minimum of 5 days leave per year.

1. Participation in a Worker-driven 

Social Responsibility (WSR) program. 

If applicant is already participating in a 

WSR program, they should note 

protections already in place, e.g., 

complaint mechanism, auditing, 

worker education. If this is a new 

commitment, articulate plan. [Must 

provide evidence of participation in 

good standing.]**

2. Participation in a Collective 

Bargaining Agreement (CBA). The 

applicant should note protections 

already in place under any existing 

CBA, e.g., complaint mechanism, 

auditing, worker education. If thisis a 

new commitment, please provide 

details on where you are in
. Page 11 of 31

4. Weekly Housing Maintenance Plan. 

Establish a weekly plan for maintenance of 

worker housing, with a responsible entity 

that fully reviews all units and receives and 

addresses feedback or concerns from 

workers. [Describe what you will do and 

how it will improve the quality of life in 

housing for employees]

5. Collaborative Working Group. Implement, 

or demonstrate current existence of, a 

collaborative working group or workplace 

employee engagement committee(s) that 

address(es) workplace issues such as, but 

not limited to: workplace safety and health 

(e.g., water and heat breaks), pesticide 

safety, transportation safety, housing 

experience, mechanism for reporting 

grievances or problems, etc. The committee 

must include at least 50% hired 

farmworkers, and may include bona fide 

third-party experts, in addition to 

agricultural employer management 

employees. Describe how you envision the 

designing the working group, how 

participants will be chosen, when meetings 

willtake place, whether workers will be paid 

for meeting time, any external invited 

participants, and how the committee 

priorities and action items will addressed, 

etc.].

6. Innovative External Partnership. USDA 

supports innovative approaches to improve 

the quality of life for farmworkers. 

Implement or demonstrate a plan to 

support improving health, safety, worker 

representation, professional development, 

or other benefit or program, and note key 

partnership(s) that will help facilitate 

implementation. [This commitment requires 

a narrative description and may be 

competitively ranked based on 

demonstrated commitment and public 

benefit. USDA encourages partnerships with 

community-based organizations and other 

institutions that have longstanding

experience working directly and 

collaboratively with farmworkers.]

negotiations. [Must provide evidence 

of participation/contract.]**

3. Committing to Neutrality, Access,

and Voluntary Recognition (where 

permitted under state law). 

Neutrality, defined as companies 

remaining neutral when their 

employees signal an interest in 

forming a union. If employees choose 

representation, management can 

engage productively with the union 

and determine what is important to 

their employees in terms of wages, 

benefits and working conditions. This 

includesspending any money, directly 

or indirectly, including hosting captive 

audience meetings to discuss the 

organizing effort. Applicants agree to 

allow on-site access to their 

workforce by union members or 

organizers during non-working hours. 

In states where permitted, instead of 

requiring an NLRB-supervised 

election, employers agree to 

recognize a union if a majority of 

employees sign union authorization 

cards. [This commitment requires a 

narrative description and may be 

competitively ranked based on 

demonstrated commitment and public 

benefit.] **

**See Section 3.1, an awardee remains 

responsible for compliance with and 

subject to enforcement of all applicable 

federal, state, and local laws,
. Page 12 of 31

2.1 TYPE OF FEDERAL ASSISTANCE

2.2 TYPE OF APPLICATIONS

2.3 AVAILABLE FUNDING

2.4 FEDERAL AWARD PERIOD AND DURATION

3.0 ELIGIBILITY INFORMATION

3.1 ELIGIBLE APPLICANTS

USDA will use a Grant Agreement to provide the Federal award to successful applicants.

New application. All new applications will be reviewed competitively using the selection process and 

evaluation criteria described in Section 6.1.

The anticipated amount available for the FLSP Program in FY 2023 is up to $65,000,000. The maximum 

award amount is $2,000,000 and the minimum amount is $25,000 per grant agreement. However, the 

agency retains the discretion to award a larger or lesser amount. Funding will be issued as competitive 

awards. Enactment of additional continuing resolutions or a full appropriations act or other legislation may 

affect the availability or level of funding for this program. Award size varies by project type and applicants 

may not request less than or more than the respective minimum/maximum amounts for each project type. 

USDA is not committed to fund any particular application or to make a specific number of awards.

Grant recipients must complete their grant activities within the performance period (24 months). USDA 

expects to announce awards in early 2024.

The performance period start date will be noted on the Notice of Agreement (i.e. the grant agreement) and 

coincide with official USDA award selection and announcement. Over the course of the 24-month grant 

period, awardees must provide confirmation that the Awardee’s H-2A job order has been accepted and 

circulated by the pertinent state workforce agency (SWA) and their approved USCIS I-129 Petition. Each Job 

Order is based on a temporary, seasonal need, and must be separately approved. The two-year grant period 

for this program does not denote or guarantee DOL certification. With prior approval, no-cost extensions 

may be granted to awardees if needed.

The H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”) as 

outlined in Section 218 of the Immigration and Nationality Act is designed to address labor shortages in the 

case of insufficient U.S.-based workers if other conditions are met, including that the employer has a 

temporary or seasonal need for the requested agricultural labor or services in the temporary certification 

application.

Therefore, eligibility for this competitive grant program is limited to domestic agricultural employers who 1) 

anticipate meeting all Department of Labor (DOL) and Department of Homeland Security (DHS) regulatory 

requirements for the H-2A program, including demonstrated effort to effectively recruit U.S.-based workers 

and hire all willing, able, and qualified U.S. workers; and 2) commit to, and indicate capacity to fulfill all 

Baseline Requirements, as well as any selected (elective) worker benefits and protections outlined in

2.0 FEDERAL AWARD INFORMATION
. Page 13 of 31

3.2 ABOUT THE H-2A TEMPORARY FOREIGN AGRICULTURAL WORKERS PROGRAM

Supplemental Employee Commitmentssections of the NFO. Thisincludesfixed-site employers, jointemployers, agricultural associations, and H-2A labor contractors (see Section 9.0 Definitions).

The FLSP grant does not dictate who is considered an employer for the purposes of DOL’s labor certification 

process or for compliance with the requirements of the H-2A program requirements and subsequent 

enforcement. For the purposes of this program “agricultural employers” are defined per 29 CFR 501.3 and 

20 CFR 655.103(b) as “A person (including any individual, partnership, association, corporation, cooperative, 

firm, joint stock company, trust, or other organization with legal rights and duties) that: (i) Has an 

employment relationship (such as the ability to hire, pay, fire, supervise, or otherwise control the work of 

employee) with respect to an H–2A worker or a worker in corresponding employment; or (ii) Files an 

Application for Temporary Employment Certification other than as an agent; or (iii) Is a person on whose 

behalf an Application of Temporary Employment Certification is filed.” See Section 3.4 to determine the 

implications of applying as a certain type of employer.

There is no limit on the number or percentage of U.S.-based employees that applicants hire, and applicants 

are required to actively recruit, and, subject to the regulations, employ qualified and available US-based 

workers, in accordance with the Foreign Labor Certification program requirements. Any award received 

through this program does not guarantee a successful determination of certification from the DOL Office of 

Foreign Labor Certification.

Grant applicants that have submitted an H-2A Job Order (ETA 790A) and (via recruitment efforts required by 

the H-2A program of any additional efforts) have subsequently hired U.S. workers, will also be eligible for full 

awards.

An awardee remains responsible for compliance with and subject to enforcement of all applicable federal, 

state, and local laws, including investigations by the U.S. Department of Labor to determine the awardee’s 

compliance with the H-2A program’s requirements under 8 U.S.C. 1188, 20 CFR part 655, subpart B, and 29 

CFR part 501. Applicants and/or their authorized attorneys or agents must submit completed job orders to a 

State Workforce Agency (SWA) no more than 75 calendar days and no fewer than 60 calendar days before 

the applicant’s first date of need, except in emergency situations that satisfy the criteria of 20 CFR 655.134.

Award payments will be conditional upon applicants submitting the materials specified in Section 7.3.

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of 

domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or 

services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year 

by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is 

necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill 

the position with a temporary worker will, except in extraordinary circumstances, last no longer than one 

year. The following is a general overview of the process.

Employers must demonstrate to Department of Labor (DOL) that:

• There are insufficient U.S. workers available to perform the labor or services in the labor 

certification application, and

• That the employment of foreign workers will not adversely affect the wages and working conditions 

of workers in the U.S. similarly employed.
. Page 14 of 31

See Department of Labor website for more information: H-2A Temporary Certification for Agriculture

Workers | Flag.dol.gov

If certified by DOL, employers may then petition the Department of Homeland Security to employ foreign 

workers to perform temporary or seasonal agricultural work including, but not limited to, planting, 

cultivating, or harvesting crops.

To qualify for H-2A nonimmigrant classification, the petitioner must:

• Offer a job that is of a temporary orseasonal nature.

• Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available 

to do the temporary work.

• Show that employing H-2A workers will not adversely affect the wages and working conditions of 

similarly employed U.S. workers.

• Generally, submit a single valid temporary labor certification from the U.S. Department of Labor 

with the H-2A petition. (A limited exception to this requirement exists in certain “emergent 

circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.) Generally, USCIS may grant H-2A 

classification for up to the period of time authorized on the temporary labor certification. H-2A 

classification may be extended for qualifying employment in increments of up to 1 year each. A new, 

valid temporary labor certification covering the requested time must accompany each extension 

request. The maximum period of stay in H-2A classification is 3 years. The regulations related to the 

H-2A program are separate from the grant application or reporting requirements of the FLSP and 

administered by DOL, DHS, and the State Department.

After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:

• Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate 

abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) 

at a U.S. port of entry; or

• Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if 

a worker does not require a visa in cases where an H-2A visa is not required.

See Department of Homeland Security, U.S. Citizenship and Immigration Services website (H-2A Temporary

Agricultural Workers) for more information.

The FLSP grant program is separate and distinct from the terms and conditions of employment required 

under the H-2A program, 8 U.S.C. 1188, 20 CFR part 655, subpart B, and 29 CFR part 501. A designation of 

eligibility or non-eligibility under the FLSP does not determine an entity’s status as an employer under the H2A program, nor does it create guarantees or rights to a favorable labor certification determination from 

DOL or DHS. An awardee remains subject to all applicable federal, state, and local laws and remains subject 

to full enforcement of the H-2A program’s requirements.
Based on your employer type, applicants can apply for FLSP funding in the following ways:

. Page 16 of 32

3.3 APPLICATION TYPES
. Page 17 of 32

Apply jointly for grant, with one 

primary applicant {presumably 

the Association, though it may be 

any participant willing to assume 

the Authorized Organization 

Representative role) plus subawardee(s) that have all agreed 

to shared commitments and 

compliance on their respective 

operations. Submit H-2Ajob 

order certification of association 

joint employment. 

A portion of the members of an association can apply 

jointly, with one primary applicant {presumably the 

Association though it may be any participant willing to 

assume the Authorized Organization Representative 

role) plus subawardees that have all agreed to shared 

commitments and compliance on their respective 

operations. In these instances, a master association 

could file multiple separate job orders for each group 

of employers applying to FLSPthat have all agreed 

to shared commitments and compliance on their 

respective operations. 

Note: Individual members of associations that prefer to apply to the USDA FLSP 

as an individual/ individual farm business, thus assuming grant responsibility 

(and benefits) only for their individual or:;eration will need to coordinate ~ !th 

their filing agent (association) to submit a unique job order, instead o~ a Joint 

H-2A application, since DOL cannot process disparate employer commitments 

in a single job order. 
. Page 18 of 31

4.0 FUNDING CONSIDERATIONS

4.1 PARTNERSHIPS AND SUB-AWARDEES

4.2 COST SHARING OR MATCHING

Applicants identified in the SAM.gov exclusions database as ineligible, prohibited/ restricted, or excluded 

from receiving Federal contracts and certain Federal assistance and benefits will not be considered for 

Federal funding, as applicable to the funding being requested under this Federal program (2 CFR

200.206(d)). Neither foreign entities nor individuals are eligible to apply for this opportunity.

Any award made pursuant to this NFO will be made to a single entity. Applicants that apply as 

“partnerships” or other similar groupings such as a growers’ association or joint employers, must clearly 

describe the relationship between the primary (lead) applicant and the sub-awardee “partner” parties. See 

Section 3.4 to learn more about Application Types.

In all but exceptional cases, this relationship will be reflected in the award as an Awardee/Sub-Awardee 

relationship. Any and all Sub-Awardees must indicate their full commitment to all FLSP requirements, equal 

to or surpassing the commitments indicated by the Primary applicant and submit a signed Partnership Letter 

of Commitment. The Primary (lead) applicant has the ultimate responsibility for the financial management, 

overall planning, organizational management, and implementation of the grant.

Irrespective of Sub-Awardees, applicants may choose to partner with non-Sub-Awardee entities, either for 

recruitment purposes (i.e., any and all private recruiters), to strengthen their application, and/or to meet 

the elective requirements in the Supplemental Employee Commitments Section 1.3. If the applicant’s 

approach includes partnership with a third-party (non-Sub-Awardee) organization, they must include a 

detailed description of the partnership, including the partnering organization(s)’ mission, and its experience 

and history of direct collaboration, service, or engagement with agricultural workers. Applicants should 

describe the nature of the partnership, time period and history of the partnership, frequency of 

engagement, and other relevant details. The partner organization(s) must also submit a signed letter of 

commitment.

An applicant organization may not be a party in more than one application. In the case of applications 

submitted as revisions or correctionsto a previously submitted application under this NFO, the agency will 

consider the last application submitted prior to the established deadline.

There is no cost sharing or matching requirement for this opportunity. There is no competitive advantage to 

applicants who voluntarily provide a match.

4.3 ALLOWABLE AND UNALLOWABLE COSTS AND ACTIVITIES

This award is subject to the terms and conditions, cost principles, and other considerations described in the 

FLSP General Terms and Conditions. Applicants that have questions concerning the allowability of costs after 

reviewing this document should contact USDA staff using the contact information listed under Section 8.0.

3.4 ELIGIBILITY RESTRICTIONS
. Page 19 of 31

5.1 ELECTRONIC APPLICATION MATERIALS

5.2 CONTENTS OF AN APPLICATION SUBMISSION

5.2.1 SF-424 APPLICATION FOR FEDERAL ASSISTANCE

Only electronic applications may be submitted via Grants.gov in response to this NFO. Applicants are 

strongly encouraged to submit their materials early via Grants.gov. For an overview of the Grants.gov 

application process, see Grants.gov’s Apply for Grants webpage. This NFO containsthe information needed 

to obtain and complete the required application forms. More information about applying through 

Grants.gov can be found in Sections 5.3 and 5.4.

Applicants can find the opportunity under either the Assistance Listing number “10.978” or the FSLPP 

Funding Opportunity Number “USDA-FSA-OA-FLSP-G-23-0001”.

Required. Standard Form (SF)-424 is available via the opportunity at Grants.gov. Most information blocks on 

the required form are either self-explanatory or explained in the instructions. However, applicants must use 

the following supplemental instructions associated with specific blocks on form SF-424.

Block Instructions

#1 Type of Submission Application

#2 Type of Application New

#4 through #7 Not required

#8cOrganizational DUNS orNew Unique Entity 

Identifier (UEI)

Applicant UEI forthe Organization submitting the 

application.

NOTE: Applicants that apply for a grant must be capable of 

managing and monitoring Federal funds and project activities 

and outcomes. Recipients cannot transfer the award to another 

recipient organization once a grant is awarded (you may not

apply under one UEI number and switch to another later). Refer

to section.

#8d Address Enterthe organization street address asit appearsin SAM.gov.

P.O. Boxes not accepted. Enter a 9-digitzip code.

#10 Name of Federal Agency FSA, USDA - This will auto-populate.

#11 Assistance Listing Number 10.978 - This will auto-populate.

#12 Funding Opportunity Number USDA-FSA-OA-FLSP-G-23-0001 - This will auto-populate.

Ensure you are applying for the correct grant program.

#13 Competition Identification Number Not applicable

#14 Areas Affected by Project Enter cities, counties,states affected by project

#15 Descriptive Title of Applicant’s Project Provide a short description of the project.

#16a Congressional Districts for Applicant Enterthe Congressional district where your main office is

located.

#16b Congressional Districts for Program/Project Enter the Congressional district where your project will be

implemented. Write “All” if the projects will be implemented in 

more than one location.

5.0 APPLICATION AND SUBMISSION INFORMATION
. Page 20 of 31

5.2.2 PROJECT ABSTRACT (EXECUTIVE) SUMMARY

5.2.3 APPLICATION PROJECT NARRATIVE FORM

5.2.4 SIGNED PARTNERSHIP OR SUB-AWARDEE LETTERS

5.2.5 RECRUITER LETTER OF COMMITMENT

Block Instructions

#17 Proposed Project Start Date and End Date Provide proposed start and end dates. These are subject to

change based on contingencies discussed in this NFO.

#18 Estimated Funding – Federal Total Federal award requested.

#18b Estimated Funding – Applicant Not applicable.

#19 Is Applicant Subject to Review by State Under

Executive Order 12372 Process.

Programis notsubject to Executive Order 12372.

Required. The Project Abstract Executive Summary must be submitted in Grant.gov; thissummary should be 

the same as the Question 10 in the “FLSP Project Narrative Form”. In this summary, the applicant must 

describe, in 250 words or less, their FLSP activities, including key Employer Plans and Practices and—if 

applicable—Supplemental Employee Commitments, and key partners or collaborators. Applicants should 

provide a clear and concise description of the potential impact and/or challenges addressed their proposal. 

This summary will be made available to the public. USDA recommends completing this summary after

completing the entire application. 

Required. All applicants for all project types are required to prepare and submit a narrative using the FLSP 

Project Narrative Form. The form and instructions are available on the “How do I Apply for an FLSP Grant” 

webpage. The Project Narrative must clearly describe the impact on the operation, description of Employer 

Plans and Practices, and description of the applicant’s plan for each Supplemental Employee Commitment to 

which the applicant has committed. An application will not be funded if it does not adequately address each 

of the three priorities outlined for the program in the Notice of Funding Opportunity Summary above and if 

it does not meet all regulatory requirements of the H-2A program.

DO NOT modify the FLSP Project Narrative Form. Evaluation points will be deducted if the Project Narrative 

Form is modified. Applicants must submit the FLSP Project Narrative Form as a PDF and attached to the 

Grants.gov application package using the “Project Narrative Attachment Form” link on the application 

package. Handwritten applications or applications submitted in a format other than PDF will not be 

accepted. Prior to submitting the application to Grants.gov, be sure to accept all tracked changes and/or 

mark-up edits.

Required for some applicants. Applicationsthat involve a partnership(s) and/or Sub-Awardee must include 

a signed letter of commitment, detailing the description of the partnership, from each entity. The 

“Partnership Letter Template” is available on the “How do I Apply for an FLSP Grant” webpage. See Section

4.1 for more details on partnerships.

Required for some applicants. All applicants that intend to utilize a non-governmental (private) recruiter 

mustinclude a signed letter of commitment, with the recruiter’s written responsesto all questions about
. Page 21 of 31

5.2.6 CONTRACT OR EVIDENCE OF PARTICIPATION

5.3 REGISTER IN GRANTS.GOV

recruitment practices. The “Recruiter Letter Template” is available on the “How do I Apply for an FLSP

Grant” webpage. For more detail on recruiter level evaluation criteria, see Section 6.0.

Required for some applicants. Any applicants engaged in a worker-driven social responsibility program or 

collective bargaining agreement must submit evidence of their contract, or communication from the WSR 

program or union that they are in good standing.

The applicant organization registration process can take up to four weeksto complete. Therefore, complete 

your registration allowing enough time to ensure it does not impact your ability to meet required 

application submission deadlines.

1) Obtain a Unique Entity Identifier (UEI): All entities applying for funding, including renewal funding, 

must have a Unique Entity Identifier from SAM.gov. Applicants must enter the UEI in the data entry 

field labeled "Organizational UEI" on the SF-424 form: https://sam.gov/content/entity-registration

2) Register with SAM: In addition to having a UEI number, organizations applying online through 

Grants.gov must register with the System for Award Management (SAM). Current SAM.gov registrants 

have already been assigned their Unique Entity Identifier (UEI) and can view it within SAM.gov. All 

organizations must register with SAM to apply online. Failure to register with SAM will prevent your 

organization from applying through Grants.gov. SAM.gov accounts must be updated annually, and 

your organization must have an active SAM.gov account to submit your application to Grants.gov.

3) Register with Grants.gov: The next step in the registration process is to create an account with

Grants.gov. Applicants must know their organization's UEI number to complete this process. 

Completing this process automatically triggers an email request for applicant roles to the 

organization's E-Business Point of Contact (EBiz POC) for review. The EBiz POC is a representative from 

your organization who is the contact listed for SAM. To apply for grants on behalf of your organization, 

you will need to request the Authorized Organizational Representative (AOR) role.

4) Authorize Grants.gov Roles: After creating an account on Grants.gov, the EBiz POC receives an email 

notifying him or her of your registration and request for roles. The EBiz POC will then log in to 

Grants.gov and authorize the appropriate roles, which may include the AOR role, thereby giving you 

permission to complete and submit applications on behalf of the organization. You will be able to 

submit your application online any time after you have been approved as an AOR.

5) Track Role Status: After registering with Grants.gov and authorizing the applicant AOR, Grants.gov 

allows you to track your status.

6) Electronic Signature: When applications are submitted through Grants.gov, the name of the 

organization's AOR who submitted the application is inserted into the signature line of the application, 

serving as the electronic signature. The EBiz POC must authorize individuals who are able to make
. Page 22 of 31

5.4 SUBMIT AN APPLICATION

legally binding commitments on behalf of the organization as an AOR; thisstep is often missed, and it 

is crucial for valid and timely submissions.

Submit an Application via Grants.gov: Applicants can apply using Grants.gov Workspace. Workspace is a 

shared, online environment where members of a grant team may simultaneously access and edit different 

web forms within an application. For each funding opportunity announcement (FOA), an applicant creates 

individual instances of a workspace.

1) Create a Workspace: This allows you to complete your Workspace online and route it through your 

organization for review before submitting.

2) Complete a Workspace: Add participants to the workspace, complete all the required forms, and check 

for errors before submission.

a. Adobe Reader: If you decide not to apply by filling out the webforms, you can download individual 

PDF forms in Workspace so that they will appear similar to other Standard or USDA forms. The 

individual PDF forms can be downloaded and saved to your localstorage device, network drive(s), 

or external drives, and then accessed through Adobe Reader. NOTE: You may need to visit the 

Adobe Software Compatibility page on Grants.gov to download the appropriate version of the 

software. There is no cost for Adobe Reader Software.

b. Mandatory Fields in Forms: Fields marked with an asterisk and a different background color are 

mandatory fields you must complete to successfully submit your application.

c. Complete SF-424 Fields First: The forms are designed to fill in common required fields across other 

forms, such as the applicant name, address, and DUNS number. To trigger this feature, an 

applicant must complete the SF-424 information first. Once it is completed, the information will 

transfer to the other forms.

3) Submit a Workspace: Submit your application through Workspace by clicking the Sign and Submit 

button on the Manage Workspace page, under the Formstab. Grants.gov recommends submitting 

your application package at least 24-48 hours prior to the close date to provide you with time to 

correct any potential technical issues that may disrupt the application submission.

SPECIAL NOTE: Grants.gov does not check for USDA required attachments. It is the applicant’s 

responsibility to ensure that all required attachments listed in Section 5.2 are included.

4) Track a Workspace: After successfully submitting a workspace package, Grants.gov automatically 

assigns a Tracking Number (GRANTXXXXXXXX) to the package, which will be listed on the Confirmation 

page generated after submission.

Applicant Support: Grants.gov provides additional training resources, including video tutorials. Applicants 

may also call the 24/7 toll-free support number 1-800-518-4726, or email support@grants.gov. Grants.gov 

will issue a ticket number to which you and Grants.gov can refer if the issue is not resolved. For questions 

related to the specific grant opportunity, contact the persons or individuals mentioned in Section 8.0.
. Page 23 of 31

5.5 SUBMITTED APPLICATION QUALIFICATION

Timely Receipt Requirements and Proof of Timely Submission: All applications must be received by the 

due date established in Section 5.6. Proof of timely submission is automatically recorded by Grants.gov 

using an electronic date/time stamp generated when the application is successfully received by 

Grants.gov. The applicant AOR will then receive an acknowledgement of receipt and a tracking number 

(GRANTXXXXXXXX) from Grants.gov. Applicant AORs will also receive the official date/time stamp and 

Grants.gov Tracking number in an email serving as proof of their timely submission.

When USDA successfully retrieves the application from Grants.gov and acknowledges the download of 

submissions, Grants.gov will electronically acknowledge receipt of the application to the applicant AOR’s 

email address. Again, proof of timely submission shall be an email with the official date/time stamp and 

Grants.gov tracking number that Grants.gov assigns to your application.

USDA will neither mail paper applications to potential applicants nor accept applications packages by fax, 

email or postal mail. Applications must be submitted via Grants.gov. Applications received by Grants.gov 

after the established due date for the program will be considered late and will not be considered for 

funding.

Ensure that all components are complete before submission. Allow enough time for the application 

process, as it may take more than one attempt before your application is successfully submitted. To be 

considered for funding under this opportunity. USDA will not consider any applications received after the 

deadline, any emails submitted by fax, email, or postal mail and any applications not responsive to 

requirements of this NFO. USDA may also choose not to consider applications that fail to comply with the 

required content, format, and page limits, or those that are incomplete.

Special Note for Applicants with Slow Internet Connections. Applicants using slow internet connections, 

such as dial-up connections, may experience significantly longer transmission times when submitting the 

application on Grants.gov, especially if there are large attachments contained in the upload. Again, 

Grants.gov will provide either an error message or a successfully received transmission notification via 

email to the applicant AOR.

Your application may not be reviewed or considered for funding if it is:

• Received by Grants.gov after the submission deadline.

• Submitted via any method otherthan through Grants.gov.

• Submitted to the wrong grant program.

• Not responsive to the requirements of this NFO (eligibility, incomplete application, not providing all 

required documents, etc.)

Applications will be subject to the USDA AMS Late Applications, Denials and/or Appeal Procedures (pdf).

5.6 SUBMISSION DATE AND TIME

Applications must be submitted electronically through Grants.gov. Ensure that all components of the 

application are complete before submission. Allow enough time for the application process, as it may take 

more than one attempt before your application is successfully submitted. Applicants are encouraged to
. Page 24 of 31

5.7 INTERGOVERNMENTAL REVIEW

5.8 FUNDING RESTRICTIONS

5.9 TECHNICAL ASSISTANCE

submit applications at least two weeks prior to the application deadline to ensure they meet all 

certifications and registrations.

Only applications submitted and validated by 11:59 p.m. Eastern Time on January 03, 2024, on Grants.gov

will be accepted. An application submitted or resubmitted after the deadline is late (an application is 

considered on time at 11:59.59 pm ET, but it is late at 12:00 am ET). Late submissions will not be reviewed 

or considered and are subject to the USDA AMS Late Applications, Denials and/or Appeal Procedures (pdf).

Grants.gov will provide either an error or a successfully received transmission in the form of an email sent to 

the applicant with the AOR role attempting to submit the application. The Grants.gov Support Center 

reports that some applicants end the transmission because they think that nothing is occurring during the 

transmission process; be patient and give the system time to process the application. For applications 

successfully transmitted to Grants.gov before the deadline, the designated AOR who submitted the 

application will receive:

• An acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov

• An email with the official date/time stamp (this stamp is used to determine if the application was 

received prior to the deadline) and Grants.gov.

• When the agency successfully retrieves the application from Grants.gov and acknowledges the 

download of submissions, Grants.gov will also provide an electronic acknowledgment of receipt of 

the application to the applicant.

If you have trouble submitting an application to Grants.gov, you should FIRST contact the Grants.gov Help 

Desk to resolve any issues. Keep a record of any such correspondence. See Section 8.0 for Grants.gov 

contact information.

Thisfunding opportunity is notsubject to Executive Order 12372, “Intergovernmental Review of Federal 

Programs.” When completing the SF-424, check block c, “Program is not covered by E.O. 13272.”

All awards under this program, sub-agreements, and subawards are subject to the FLSP General Terms and

Conditions. Applicants that have questions concerning the allowability of costs after reviewing the FLSP

General Terms and Conditionsshould contact USDA staff using the contact information listed under Section

8.0. For additional information please refer to 2 CFR Part 200,subpart E, Cost Principals.

USDA will offer no-cost technical assistance (TA) to help applicants navigate a broad range of needs in 

applying to this grant program, including determining eligibility and desired award level, meeting grant 

requirements, and navigating U.S.-based recruitment, housing support for workers, and the H-2A program 

and compliance. While there is no guarantee that applicants who take advantage of the TA provider will be 

selected for an award, TA providers can assist applicants in framing their proposals in preparation for the 

peer review. In addition to the grant funding itself, the technical assistance is one of the program’s primary 

benefits for agricultural employers. For more information on technical assistance available, please visit: 

www.ams.usda.gov/FLSP.
. Page 25 of 31

6.0 APPLICATION REVIEW INFORMATION

6.1 PROJECT EVALUATION CRITERIA

Technical assistance to Awardees will include support throughout the H-2A recruitment and petition 

processes. Receiving any TA through USDA, however, does not guarantee the grant of a labor certification 

from DOL and does not relieve any employer from compliance with enforcement of all applicable federal, 

state, and local laws, nor does it guarantee approval of any USCIS petitions for nonimmigrant workers.

Finally, the USDA FLSP grant application process is separate and distinct from the DOL labor certification 

application process, and therefore, while providing technical assistance, USDA will notshare with DOL any 

information received from [awardees/employers] while providing technical assistance. Furthermore, any 

USDA provided TA does not create a safe harbor or any guarantees regarding enforcement.

In addition to program-specific Technical Assistance, Grants.gov provides additional training resources,

including video tutorials. Applicants may also call the 24/7 toll-free support number 1-800-518-4726, or 

email support@grants.gov. Grants.gov will issue a ticket number to which you and Grants.gov can refer if 

the issue is not resolved. For questions related to the specific grant opportunity, contact the persons or 

individuals mentioned in Section 8.0.

Each application that meets the initial qualification screening requirements will be reviewed and scored 

competitively using the criteria listed below. Applications will be assessed using a pointscoring system.

Alignment with FLSP Goals and complete Narrative Application Form up to 15 points 

Application’s overall relevance to the FLSP program goal of improving the food and agriculture supply chain 

resiliency by addressing current labor shortages in agriculture, expanding legal migration pathways, and 

improving working conditions for farmworkers. Strong scoring applications will address all aspects of the 

FLSP Application Narrative Form, with the structure of the Narrative Application Form intact.

Responsible Recruitment up to 20 points 

The extent to which the applicant proposesstrong domestic recruitment practices, and H-2A recruitment via 

government ministries or via registered private recruiter(s) that have communicated strong responsible 

recruitment practices in their Private Recruiter Letter of Commitment. As applicable, an applicant’s FLSP 

Narrative Form should clearly communicate:

• Prior H-2A experience: Applicant’s past H-2A experience, recruitment countries, and policies 

under which workers can return the following season. If new to H-2A, reasons why they have 

chosen to pursue H-2A for the first time.

• Domestic Recruitment: Applicant’s methods for U.S.-based recruitment, including 

demonstrated effort to recruit U.S.-based workers and hire all willing, able, and qualified U.S. 

workers, and policies under which workers can return the following season.

• Recruitment from El Salvador, Guatemala, and Honduras and via NCA Government Ministries: 

Applicant sufficiently documents whether the entirety of their newly recruited H-2A workforce 

(non-returning individuals) will be recruited from El Salvador, Guatemala, and Honduras and via

the Ministries of Labor (of Ministry of Foreign Affairs El Salvador). Applicants will receive higher 

scores for hiring greater proportions of their foreign workforce from NCA countries, and further 

higher scoring for recruiting via the NCA government Ministries.
. Page 26 of 31

• Private Recruiter Commitment to Responsible Recruitment: If applicant utilizes a private 

recruiter, the extent to which the attached recruiter letter clearly communicatesthe capacity 

and commitment to ethical recruiting and responds to all responsible recruitment questions.

Supplemental Employee Commitments: Although required for Silver and Platinum awards, applications of 

any award level will be more competitive by committing to additional benefits and protections “a la 

carte.” Applicants will be evaluated based on demonstration of their capacity to fulfill each selected 

Supplemental Employee Commitment, with positive outcomes for working conditions and worker wellbeing. All selected Supplemental Employee Commitments will be evaluated based on the applicant’s 

description of the benefit and its value in improving working conditions, plus any accountability built into 

the additional commitments.

See Table 3 in Section 1.3 and question 14 on the Applicant Narrative Form.

A. Pay, Benefits and Working Conditions ....................................................................Up to 20 points

• Employee Engagement. If commitment involves worker engagement, the review will evaluate 

outreach to potential participants and how participants are identified/selected. Applicationsthat 

demonstrate strong systems for sharing worker feedback, while protecting workers from any 

potential retaliation, will receive higher scores. The review will also consider the extent to which 

workers can influence outcomes.

• Documentation, Transparency or Accountability Mechanisms. Plans will merit higher scores if the 

application proposes strong mechanismsfor accountability and transparency. In the case of payroll 

related benefits (e.g., overtime, bonus payments, sick leave), the application describes valid 

documentation and/or communication to workers about such benefits. For commitments that 

engage workers (e.g., housing maintenance plan, collaborative working group, innovative 

partnership), the application describes transparency related to identifying participants or feedback 

systems, and sharing information and/or meeting notes with stakeholders.

• Partnerships. Any innovative partnership commitments should thoroughly address all partnershiprelated questions in the application form. Partner organizations with experience of direct 

collaboration, service, or engagement with farmworkers, and strong potential to contribute to 

positive working conditions and worker well-being outcomes will merit higher scores. Signed letters 

of commitments from partners should clearly communicate the organization’s capacity and 

commitment to the project proposal, the organization’s mission and experience engaging 

farmworkers, and note any special contributions, such as: worker-driven approaches, recruitment, 

retaliation protections, worker education, auditing/monitoring and enforcement, wage benefits, 

health and safety, etc.

• Innovation. Innovative approaches (either expressed as part of Option #6 in Table 3 or generally in 

any commitment) may merit additional points, based on the applicant’s description of the benefit 

and its value in improving working conditions and job quality for farmworkers.

B. Partnership Agreements Up to 20 points

• Description of mechanism and/or partner. Commitments selected from the Partnership 

Agreements section will be evaluated based on the applicant’s description of the commitment, its
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REVIEW AND SELECTION PROCESS

potential value in improving working conditionsfor farmworkers. Applications should include history 

of participation with the partner, and the partner organization’s experience working with 

farmworkers and demonstrated commitment to worker driven guidance.

• Evidence of contract or participation. For applicants that have indicated commitment to 

participation in a Worker-Driven Social Responsibility (WSR) program or a Collective Bargaining 

Agreement (CBA) either evidence of a current contract, communication from the WSR program or 

union that the employer is in good standing, or commitment from the partner organization that a 

contract/entry date is in process.

• Neutrality/Access/Voluntary Recognition. If the applicant has committed to neutrality, access to 

workers by labor organization representatives, and voluntary recognition, the narrative description 

will be evaluated based on its indication of how the operation will communicate to employees that 

they have the fair and free choice to form or join a union. The applicant should answer all questions 

related to this commitment and clearly describe a) how all worksites will provide and articulate 

reasonable access to workers (on non-work time and in non-work areas), b) how the applicant’s 

operation will ensure that no members of their business operation will attempt to influence 

employees (for or against) from engaging in protected, concerted activities to address or improve 

working conditions (e.g., no posters/flyers, required meetings discussing workers’ right to organize, 

no videos, etc.), and c) describe any limits on the number of times union representatives can visit 

with employees, in what areas, and what time(s) of day.

Description of Employer Practices and Plans up to 15 points 

The extent to which the application clearly articulates both existing employment practices and forthcoming 

plans that demonstrate commitment to creating a safe, healthy work environment for employees. Applications 

should discuss relevant challenges that the applicant faces, and any relevant plans for continual improvement, 

and a clear description of practice and/or plan implementation. Strong scoring applications will include at least 

three of the following related to 1) Heat-related protections; 2) Timekeeping, scheduling, and payroll 

communication and transparency; 3) Medical access for employees; 4) Employee awareness of, and access to, a 

trusted complaint and resolution mechanism(s) without retaliation, including any related trainings for 

management/supervisors; 5) Language accessibility and employee communication. Applicants may include other 

strong employer practices.

Impact on your Operation up to 10 points 

The extent to which the application clearly describes how participating in the FLSP program could support the 

applicant in addressing the challenges they face in the short term and/or long-term. If appropriate, the extent 

to which the application clearly describes how participation in FLSP may support their efforts to be an employer 

of choice, access new market or business opportunities, or address other resilience-related challenges and 

opportunities.

Step 1: Initial Qualification Screening. Each application is initially reviewed for overall completeness, as well 

as compliance with eligibility and program requirements as set forth in this NFO. If an application does not 

meet these requirements, it is removed from consideration.
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7.0 FEDERAL AWARD ADMINISTRATION INFORMATION

7.1 FEDERAL AWARD NOTICES

7.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

7.3 REPORTING AND PAYMENT SCHEDULE

Step 2: Technical Review. Each application that passes initial screening (Step 1) is evaluated by a panel of 

independent peer reviewers based on their subject matter expertise. Each reviewer signs a conflict of 

interest and confidentiality agreement regarding any assigned proposals. The peer review panels evaluate 

their assigned proposals using instructions prepared by USDA officials. Individual reviewers score 

applications and then confer with other panel members. The scoring and discussion serve as the basis for 

making award recommendationsto the approving official. The recommendation for awarding and allocating 

grant funds focuses on strengths and weaknesses of each application.

Step 3: Administrative Review. 

USDA will conduct a final administrative evaluation of each review panel’s rankings and recommendations. 

In addition to the rank and scores, the approving official makes the final funding decision and may prioritize 

applications that demonstrate how their grant activities align with the goals of the program, geographic 

diversity, the evaluation criteria in Section 6.1, available funding, and USDA priorities. USDA staff will work 

with top-ranked applicants to negotiate any revisions as necessary. USDA will also assess an organization’s 

ability to account for the use of Federal funds and monitor the performance associated with these monies 

using the guidance provided by 2 CFR § 200.206(c).

The agency will provide notice that an application has been selected before it makes the Federal award. As 

such, the selection notification is not an authorization to begin performance. Any pre-award costs incurred 

by the Awardee will not be reimbursed. The Notice of Grant and Agreement Award (ADS-093) signed by the 

authorized agency official is the only authorizing document and will be provided electronically to the entity’s 

authorized organizational representative for signature. Both successful and unsuccessful applicants will be 

notified of the award decision via letter.

While USDA will announce the award selections, award obligation is contingent upon meeting the criteria 

referenced in Section 2.4.

All project funds will be used in accordance with 2 CFR § 200 and the FLSP General Terms and Conditions.

Reporting and award closeout requirements are included in FLSP General Terms and Conditions. FLSP 

payments are made in accordance with achieving key milestones of participation in the FLSP program. Each 

payment period is roughly associated with estimated minimum costs of participation in FLSP, including the 

cost of time and risk management for applicants and their operations, including any sub-awardee(s) and 

partners. For all awardees, funds will be released according to three distinct payment periods.

USDA will monitor recipient progress on commitments made in the approved Project Narrative Application, 

including relevant documentation to support commitments, a summary of conclusions and lessons learned 

by the Awardee about how FLSP impacted their ability to recruit and retain workers, impact on their 

business planning and solvency, the productivity effects of the production season, any new market 

opportunities that arose during the grant performance period, and the impact of USDA-provided technical
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8.0 CONTACT INFORMATION

assistance (e.g., TA related to housing/financing, H-2A application process, ease of compliance, etc.). USDA 

will collect this information through interim and final performance and financial reports. More information 

is available in the FLSP General Terms and Conditions.

Payment period, amount Milestones Reporting and/or Confirmation requirement(s)

1 50% of award total

Successful H-2A 

application and 

recruitment. Launch 

of worker contracts 

and completion of 

KYRR training.

• Copy of awardee’s accepted Job Order (Form 

790-A) from their respective State Workforce 

Agency

• Copy of submitted I-129 form

• Confirmation of completed Know Your Rights 

and Resources (KYRR) training

• Confirmation of recruitment

2 25% of award total

Completion of FLSP 

commitmentsin the 

initial project 

production season,

including research 

participation.

Awardee’s FLSP Interim Report

3 25% of award total

Successful project 

completion, including 

second year of

research 

participation.

Awardee’s FLSP Final Report

More information on cost allowability and performance reporting is found in the FLSP General Terms and

Conditions. Applicants that have questions after reviewing the FLSP General Terms and Conditions should 

contact the FLSP staff provided in Section 8.0.

7.4 AUDIT REQUIREMENTS

As required in 2 CFR Part 200, Subpart F Audit Requirements, all U.S. states, local governments, Federally 

recognized Indian tribal governments, and non-profit organizations expending $750,000 or more in Federal 

award funds in a fiscal year must submit a Single Audit report for that year through the Federal Audit 

Clearinghouse’s Internet Data Entry System.

After closely reviewing this NFO in its entirety, applicants and other interested parties may contact FLSP 

support staff by e-mail at FLSPgrants@ams.usda.gov. For additional information, please refer to the FLSP 

website (www.ams.usda.gov/flsp), or contact the FLSP Technical Assistance Provider.

All questions regarding Grants.gov technical assistance must be directed to Grants.gov’s Applicant Support: 

http://www.grants.gov/web/grants/support.html.

All questions regarding SAM.gov technical assistance must be directed to SAM.gov’s 

Service Desk: https://sam.gov/content/help.
. Page 30 of 31

9.1 DEFINITIONS

• Agriculture. Agriculture means farming in all its branches and among other things includes the 

cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any 

agricultural or horticultural commodities, and as otherwise defined in 20 CFR 655.103(c).

• Agricultural Employer. For the purposes of this program “agricultural employers” are defined per 29 

CFR 501.3 and 20 CFR 655.103(b) as “A person (including any individual, partnership, association, 

corporation, cooperative, firm, joint stock company, trust, or other organization with legal rights and 

duties) that: (i) Has an employment relationship (such as the ability to hire, pay, fire, supervise, or 

otherwise control the work of employee) with respect to an H–2A worker or a worker in corresponding 

employment; or (ii) Files an Application for Temporary Employment Certification other than as an agent; 

or (iii) Is a person on whose behalf an Application of Temporary Employment Certification is filed.”

• Agricultural Employee is used interchangeably with “worker,” “agricultural worker,” “farm labor 

worker,” or “farmworker,” in this NFO and is defined as an employee performing agricultural labor or 

services as defined under the H-2A regulations at 20 CFR 655.103(c). For the purposes of this program, 

this does not include supervisory agricultural employees.

• Agricultural Association. Any nonprofit or cooperative association of farmers, growers, or ranchers 

(including, but not limited to, processing establishments, canneries, gins, packing sheds, nurseries, or 

other similar fixed-site agricultural employers), incorporated or qualified under applicable State law, 

that recruits, solicits, hires, employs, furnishes, houses, or transports any worker that is subject to 8

U.S.C. 1188. An Agricultural Association may file H-2A applications and act as the agent of an employer, 

or may act as the sole or joint employer of any worker subject to 8 U.S.C. 1188.

• Collective Bargaining Agreement (CBA). A written, legally enforceable contract governing the terms and 

conditions of employment at one or more worksites that has been negotiated and agreed upon by an 

employer and a union made up of workers.

• Farm Labor Contractor (FLC) or H–2A Labor Contractor (H–2ALC). Any person who meets the definition 

of employer under this subpart and is not a fixed-site employer, an agricultural association, or an 

employee of a fixed-site employer or agricultural association, as those terms are used in this subpart, 

who recruits, solicits, hires, employs, furnishes, houses, or transports any worker subject to 8 U.S.C. 

1188, 29 CFR part 501, or this subpart.

• Fixed-Site Employer. Any person engaged in agriculture who meets the definition of an employer, as 

those terms are defined in this subpart; who owns or operates a farm, ranch, processing establishment, 

cannery, gin, packing shed, nursery, or other similar fixed-site location where agricultural activities are 

performed; and who recruits, solicits, hires, employs, houses, or transports any worker subject to 8

U.S.C. 1188, 29 CFR part 501, or this subpart as incident to or in conjunction with the owner's or 

operator's own agricultural operation.

• Joint Employers. Any employer that jointly file a joint employer Application for Temporary Employment 

Certification under § 655.131(b) are, at all times, joint employers of all the H–2A workers sponsored 

under the Application for Temporary Employment Certification and all workers in corresponding

9.0 OTHER INFORMATION
. Page 31 of 31

9.2 FREEDOM OF INFORMATION ACT (FOIA)

9.3 GOVERNMENT OBLIGATION

9.4 PAPERWORK REDUCTION ACT

employment. This means that the Joint Employer may file an Application for Temporary Employment 

Certification on behalf of one or more other employers seeking to jointly employ H–2A workers in the 

same area of intended employment. Employers that file jointly for H-2A must apply together for the 

FLSP with their fellow joint employers.

• Ministries. This refersthroughout the NFO and corresponding documents to the Ministry of Foreign 

Affairs in El Salvador, Ministry of Labor in Guatemala, and Ministry of Labor in Honduras.

• Production Season. For the purposes of this grant program, production season is defined as one annual 

cycle of agricultural production. In the case of planted crops, this typically aligns with the date planting 

begins until harvest, and for perennial crops, from the date the crop begins to grow (comes out of 

dormancy) until the crop becomes inactive (enters dormancy). For the purpose of this grant, the 

production season is the one for which you are submitting your H-2A job order and for a period of which 

is reasonable and customary.

• Worker-driven Social Responsibility (WSR) Program. In agriculture a WSR program must have legallybinding agreements between food retailer(s) and worker organization(s) requiring purchasing 

preference for participating agricultural employers in good standing with the WSR Program. A WSR 

Program must have the following implementation and enforcement mechanisms to effectively 

investigate and enforce compliance with laws applicable to farm employees in the relevant jurisdiction, 

including but not limited to the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker 

Protection Act, the Occupational Safety and Health Act, Title VII of the Civil Rights Act of 1964, and 

federal laws governing the recruitment of temporary nonimmigrant agricultural (H-2A) workers. Such 

mechanisms must include, at a minimum: 1) Independent third-party audits, 2) Enforceable third-party 

complaint mechanism, 3) Farmworker Education.

Applications are considered confidential information. Applications are notshared with individuals or entities 

seeking public disclosure through the Freedom of Information Act (FOIA) without the consent of the 

applicant. More specifically, Executive Order 12600 and USDA FOIA regulation 7 CFR Part 1, Subpart A 

requires the awarding agency to provide notice to applicants that a third party has requested copies of their 

business information and requires the awarding agency to consult with applicants regarding the releasing 

their records.

The Federal Government is not obligated to make any Federal award as a result of this opportunity. Only 

authorized federal officials can bind the Federal Government to the expenditure of funds. Any award made 

pursuant to this NFO may be executed in any number of counterparts, each of which shall be deemed an 

original, but all of which together shall constitute one and the same instrument.

According to the Paperwork Reduction Act of 1995, an Agency may not conduct or sponsor, and a person is 

not required to respond to, a collection of information unless it displays a currently valid OMB control 

number. The valid OMB control number for this information collection is 0581-0240. The time required to 

complete this information collection is estimated to average 9.75 hours per response, including the time for 

reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and 

completing and reviewing the collection of information.
. Page 32 of 31

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations 

and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering 

USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender 

identity (including gender expression), sexual orientation, disability, age, marital status, family/parental 

status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all 

programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., 

Braille, large print, audiotape, American Sign Language, etc.)should contact the responsible Agency or USDA’s 

TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 

877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD3027, found online at https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer

and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information 

requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed 

form or letter to USDA by:

• mail:

U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights 

1400 Independence Avenue, SW

Washington, D.C. 20250-9410

• fax: (202) 690-7442; or

• email: program.intake@usda.gov

USDA is an equal opportunity provider, employer, and lender.

10.0 U.S. DEPARTMENT OF AGRICULTURE NON-DISCRIMINATION STATEMENT