[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36519-36527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17520]


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DEPARTMENT OF LABOR

Employment and Training Administration


Solicitation for Grant Applications; National Farmworker Jobs 
Program for Program Year 2009

AGENCY: U.S. Department of Labor (Department or DOL), Employment and 
Training Administration (ETA).

ACTION: Announcement of a Program Year (PY) 2009 grant competition for 
the Arkansas, Hawaii, Indiana, Maine, and Nebraska service delivery 
areas for operating the National Farmworker Jobs Program (NFJP) under 
section 167 of the Workforce Investment Act of 1998

[[Page 36520]]

(WIA), 29 U.S.C. 2912. This funding announcement is applicable to NFJP 
service delivery areas not meeting waiver eligibility as described in 
Training and Employment Guidance Letter (TEGL) 25-08, and the service 
delivery area of Maine.

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    Funding Opportunity Number: SGA/DFA PY 09-02.
    Catalog of Federal Domestic Assistance (CFDA) Number: 17.264.

SUMMARY: The DOL, ETA, Office of Workforce Investment, Division of 
Adult Services, announces a grant competition for operating the NFJP, 
under section 167 of the WIA, 29 U.S.C. 2912 in certain specified 
service delivery areas. The WIA generally requires the DOL to conduct a 
grants competition every two years to select entities to operate the 
NFJP. DOL is exercising its option under WIA sec. 167 (c)(4)(B) to 
waive competition for the biannual grant competition scheduled for PY 
2009 for those grantees determined to have performed successfully as 
described in TEGL 25-08.
    As explained in TEGL 25-08, the grantees operating in the following 
service delivery areas were determined to be ineligible for waiver: 
Arkansas, Hawaii, Indiana, and Nebraska. The current grantee in Maine 
will cease business operations effective July 1, 2009, necessitating 
competition in that service delivery area. Accordingly, this notice 
solicits proposals for grant applications from eligible organizations 
to serve these areas during PY 2009 and 2010 (October 1, 2009 through 
June 30, 2011). Due to the late publication date of this announcement, 
current NFJP grantees have been given an extension to operate the NFJP 
for the first quarter of PY 2009 (July 1, 2009 through September 30, 
2009). The extension is a necessity in order to avoid a disruption in 
service and harm to the participants caused by the late onset of the 
competition, which is no fault of the current grantees. The current 
grant will be funded on a pro-rated basis until September 30, 2009. The 
ETA will determine the exact percentage of pro-rated funds. Current 
grantees in the service delivery areas defined above are invited to 
submit applications to compete for PY 2009 NFJP funds. All interested 
applicants should read this notice in its entirety.

DATES: The closing date for receipt of applications under this 
announcement is September 1, 2009. Applications must be received at the 
address below no later than 4 p.m., Eastern Time.

ADDRESSES: Mailed applications must be directed to the U.S. Department 
of Labor, Employment and Training Administration, Division of Federal 
Assistance, Attention: B. Jai Johnson, Ref: SGA/DFA PY 09-02, Room N-
4716, 200 Constitution Avenue, NW., Washington, DC 20210. Other 
submission options are discussed in Section IV of this solicitation.

SUPPLEMENTARY INFORMATION: 

I. Funding Opportunity Description

    The ETA is requesting grant applications from eligible applicants 
to operate the NFJP in accordance with section 167 of the WIA during PY 
2009 and PY 2010 in the following service delivery areas: Arkansas, 
Hawaii, Indiana, Maine, and Nebraska. The NFJP is designed to serve 
economically disadvantaged persons who primarily depend on employment 
in agricultural labor performed within the United States, including 
Puerto Rico, and who experience chronic unemployment or 
underemployment. Qualifying participants are typically those persons 
employed on a seasonal or part-time basis in the unskilled and semi-
skilled manual labor occupations in crop and animal production. Through 
training and other workforce development services, the program is 
intended to assist eligible migrants and seasonal farmworkers and their 
families to prepare for jobs likely to provide stable, year-round 
employment both within and outside agriculture.
    The NFJP is subject to the requirements found at WIA section 167 
and the Department's regulations at 20 CFR part 669. This program is 
also subject to the requirements of 29 CFR parts 93 (New Restrictions 
on Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension, 
and Drug-Free Workplace Requirements), the non-discrimination 
regulations implementing WIA section 188 at 29 CFR part 37, as well as 
DOL's Equal Treatment regulations, found at 29 CFR part 2, Subpart D. 
Applicants should be familiar with these requirements and consult the 
WIA regulations at 20 CFR parts 660 through 671 in developing their 
grant proposals. Should the regulations at part 669 of WIA conflict 
with regulations elsewhere in 20 CFR, the regulations at part 669 will 
control. In addition, this program is subject to the provisions of the 
``Jobs for Veterans Act,'' Public Law 107-288, and its implementing 
regulations at 20 CFR part 1010 (73 FR 78132 (Dec. 19, 2008)), which 
provides priority of service to veterans and spouses of certain 
veterans for the receipt of employment, training, and placement 
services in any job training program directly funded, in whole or in 
part, by the U.S. DOL. In circumstances where a NFJP grant recipient 
must choose between two equally qualified candidates for training, one 
of whom is a veteran, the Jobs for Veterans Act requires that NFJP 
grant recipients give the veteran priority of service by admitting him 
or her into the program. Please note that, to obtain priority of 
service, a veteran must first meet the program's eligibility 
requirements. Guidance on veterans priority is available at the ``Jobs 
for Veterans Priority of Service'' Web site at http://www.doleta.gov/programs/vets.
    The NFJP is subject to the common performance measures for job 
training and employment programs established by the Office of 
Management and Budget (OMB). Guidance on the common performance 
measures can be found in ETA's TEGL No. 17-05 (February 17, 2006), 
available at http://wdr.doleta.gov/directives/corr_ doc.cfm?DOCN=2195. 
Applications submitted in response to this solicitation are required to 
include estimates of expected performance against these common 
performance measures. The common performance measures are: Entered 
Employment, Employment Retention, and Average Earnings. To assist 
applicants with their estimates, the national goals for PY 2009 for the 
three measures are: Entered Employment, 72.2%; Employment Retention, 
71.8%; and Average Earnings, $8,844.
    Applicants are required to describe their reporting system that 
allows for the data collection necessary to report results against the 
common measures. The NFJP began data collection for the common measures 
on July 1, 2005.

II. Award Information

    The type of assistance instrument to be used for the NFJP is the 
grant. Grants awarded through this solicitation will be for a two-year 
period, as prescribed in WIA section 167, but funded on an annual 
basis. Through the formula allotment process as determined by ETA, a 
total of $2,779,204 is available for the Arkansas, Indiana, Hawaii, 
Maine, and Nebraska service delivery areas. Be advised that this total 
provides funding for these five NFJP grantees for a portion of PY 2009 
only (October 1, 2009 through June 30, 2010). Thereafter, second year 
total allocations will be dependent on the availability of funding 
through the FY 2010 appropriations process and on the grantee's 
compliance with all current and future ETA guidance related to the 
NFJP.

[[Page 36521]]

    State allocations are established through a formula process, and 
are published in a separate Federal Register Notice. Please refer to 
our Web site (http://www.doleta.gov/MSFW/pdf/allocationtable.pdf) for a 
list of individual state allocations.
    Be advised that in the event that no grant application is received 
for a state, or all applications received are considered not fundable 
by the Grant Officer after the panel review and scoring process, or a 
grant agreement is not successfully negotiated with a selected 
applicant, the Department will offer the Governor of that state an 
opportunity to submit an application, if that state has not applied 
(i.e., if no state agency in that state applied for a grant in this 
competition). If the Governor does not accept this offer within 15 days 
after being notified, or the Department finds the Governor's 
application not fundable, the Department reserves the right to 
designate another organization to operate the NFJP in that state. In 
cases where the state agency was an applicant, and all applications are 
found not fundable or are not successfully negotiated, the Department 
reserves the right to designate an organization to operate the NFJP in 
that state based on the Grant Officer's judgment on how to best serve 
the needs of the migrant and seasonal farmworker population in the 
service delivery area. The Grant Officer shall retain full authority in 
soliciting applications from governors and making final determinations 
as to which entities best qualify to serve the migrant and seasonal 
farmworker population in each service delivery area.

    Note: Selection of an organization as a grantee does not 
constitute approval of the grant application as submitted. Before 
the actual grant is awarded, the Department may enter into 
negotiations about such items as program components, staffing and 
funding levels, and administrative systems in place to support grant 
implementation. If the negotiations do not result in a mutually 
acceptable submission, the Grant Officer reserves the right to 
terminate the negotiation and decline to fund the application.

III. Eligibility Information

    Eligible Applicants--Applicants need not be a current or prior WIA 
section 167 grantee to establish eligibility to be awarded a grant 
under this solicitation. State agencies, Local Workforce Investment 
Boards (LWIBs), faith-based and community organizations, institutions 
of higher learning, and other entities capable of delivering services 
on a statewide basis are all examples of organizations eligible to 
apply for WIA section 167 grants. WIA section 167(b) describes entities 
eligible to receive a grant as those that have:
    <bullet> An understanding of the problems of eligible migrant and 
seasonal farmworkers, including their dependents;
    <bullet> A familiarity with the geographical area to be served; and
    <bullet> A demonstrated capacity to effectively administer a 
diversified program of workforce investment activities for eligible 
migrant and seasonal farmworkers.
    Cost Sharing or Matching--The WIA section 167 does not require 
grantees to share costs or provide matching funds.
    Other Eligibility Criteria--In accordance with 29 CFR Part 98, 
entities that are debarred or suspended shall be excluded from Federal 
financial assistance and are ineligible to receive a WIA section 167 
grant. Prior to awarding a grant, the Grant Officer will conduct a 
responsibility review of each potential grantee through available 
records. The responsibility review relies on examining available 
records to determine if an applicant has a satisfactory history of 
accounting for Federal funds and property. The responsibility review is 
independent of the competitive process. Applicants failing to meet the 
standards of the responsibility review may be disqualified for 
selection as grantees, irrespective of their standing in the 
competition. Any applicant that is not selected as a result of the 
responsibility review will be advised of their appeal rights. The 
responsibility tests that will be applied are those found in the WIA 
regulations (20 CFR 667.170).
    Veterans Priority. The Jobs for Veterans Act (Pub. L. 107-288) 
provides priority of service to veterans and spouses of certain 
veterans for the receipt of employment, training, and placement 
services in any job training program directly funded, in whole or in 
part, by the Department. In circumstances where a grant recipient must 
choose between two equally qualified candidates for training, one of 
whom is a veteran, the Jobs for Veterans Act requires that grant 
recipients give the veteran priority of service by admitting him or her 
into the program. Please note that, to obtain priority of service, a 
veteran must meet the program's eligibility requirements. ETA Training 
and Employment Guidance Letter (TEGL) No. 5-03 (September 16, 2003) 
provides general guidance on the scope of the Job for Veterans Act and 
its effect on current employment and training programs. TEGL No. 5-03, 
along with additional guidance, is available at ``Jobs for Veterans 
Priority of Services'' Web site at: http://www.doleta.gov/programs/vets.

IV. Application and Submission Information

A. Address To Request Application Package

    This SGA contains all of the information and links to forms needed 
to apply for grant funding.

B. Content and Form of Application Submission

    An application must include two (2) separate and distinct parts: 
Part I--a cost proposal, and Part II--a technical proposal. 
Applications that fail to adhere to the instructions in this section 
will be deemed non-responsive and will not be considered. Part I, the 
Cost Proposal, must include the following items:
    Part I. Cost Proposal. The Cost Proposal must include the following 
three items:
    <bullet> The Standard Form (SF) 424, ``Application for Federal 
Assistance'' (available at http://www07.grants.gov/agencies/forms_repository_information.jsp and http://www.doleta.gov/sga/forms.cfm.). 
The SF 424 must clearly identify the applicant and be signed by an 
individual with authority to enter into a grant agreement. Upon 
confirmation of an award, the individual signing the SF 424 on behalf 
of the applicant shall be considered the representative of the 
applicant.
    <bullet> All applicants for Federal grant and funding opportunities 
are required to have a Dun and Bradstreet (DUNS) number. See Office of 
Management and Budget (OMB) Notice of Final Policy Issuance, 68 FR 
38402 (June 27, 2003). Applicants must supply their DUNS number on the 
SF 424. The DUNS number is a nine-digit identification number that 
uniquely identifies business entities. Obtaining a DUNS number is easy 
and there is no charge. To obtain a DUNS number, access this Web site: 
http://www.dunandbradstreet.com or call 1-866-705-5711.
    <bullet> The SF 424A Budget Information Form (available at http://www07.grants.gov/agencies/forms_repository_information.jsp and http://www.doleta.gov/sga/forms.cfm.). In preparing the Budget Information 
Form, the applicant must provide a detailed budget for both the 
planning and operations aspects of the project, with a narrative 
explanation in support of the request. The budget narrative should 
break down the budget and leveraged resources by project activity,

[[Page 36522]]

should discuss cost-per-participant, and should discuss precisely how 
the administrative costs support the project goals. Administrative 
costs do not need to be identified separately from program costs on the 
SF 424A Budget Information Form.
    Please note that applicants who fail to provide a SF 424, SF 424A, 
and/or a budget narrative will be removed from consideration prior to 
the technical review process. If the proposal calls for integrating WIA 
or other Federal funds or includes other leveraged resources, these 
funds should not be listed on the SF 424 or SF 424A Budget Information 
Form, but should be described in the budget narrative and in Part II of 
the proposal. The amount of Federal funding requested for the entire 
period of performance should be shown on the SF 424 and SF 424A Budget 
Information Form. Applicants are also encouraged, but not required, to 
submit OMB Survey N. 1890-0014: Survey on Ensuring Equal Opportunity 
for Applicants, which can be found at http://www.doleta.gov/sga/forms.cfm.
    Part II. Technical Proposal. The Technical Proposal will 
demonstrate the applicant's capability to plan and implement a project 
in accordance with the provisions of this solicitation. The guidelines 
for the content of the Technical Proposal are provided in Part V, 
Section A of this SGA. The Technical Proposal is limited to twenty (20) 
double-spaced single-sided pages with 12-point text font and one-inch 
margins. Any pages submitted in excess of this 20-page limit will not 
be reviewed. Letters of support and any required attachments will not 
be subject to the page limitations, nor will they be included in the 
materials provided to the panel for review of the proposal. If any 
attachments are included, please label each accordingly and specify the 
content of the attachment.
    Applicants submitting proposals in hard-copy must submit an 
original signed application (including the SF-424) and one (1) ``copy-
ready'' version free of bindings, staples or protruding tabs to ease in 
the reproduction of the proposal by DOL. Applicants submitting 
proposals in hard-copy are also requested, though not required, to 
provide an electronic copy of the proposal on CD-ROM. No cost data or 
reference to prices should be included in the Technical Proposal. 
Instead, applicants should provide a two-page abstract summarizing the 
proposed project and applicant profile information, including the 
applicant's name, the project title, and the funding level requested. 
The two-page abstract is not included in the 20-page limit. 
Applications that do not meet these requirements will not be 
considered.
    Submission Procedures. This SGA includes all information and forms 
needed to apply for this funding opportunity.
    Content and Form of Application Submission. Applicants may apply 
online through Grants.gov (http://www.grants.gov), however, due to the 
expected increase in system activity resulting from the American 
Recovery and Reinvestment Act of 2009, applicants are encouraged to use 
an alternate method to submit grant applications during this heightened 
period of demand. While not mandatory, DOL encourages the submission of 
applications thru professional overnight delivery service.
    Applications that are submitted thru Grants.gov must be 
successfully submitted at http://www.grants.gov no later than 4 p.m. 
(Eastern Time) on September 1, 2009, and then subsequently validated by 
Grants.gov. The submission and validation process is described in more 
detail below. The process can be complicated and time-consuming. 
Applicants are strongly advised to initiate the process as soon as 
possible and to plan for time to resolve technical problems if 
necessary.
    It is strongly recommended that before the applicant begins to 
write the proposal, applicants should immediately initiate and complete 
the ``Get Registered'' registration steps at http://www.grants.gov/applicants/get_registered.jsp. These steps may take multiple days or 
weeks to complete, and this time should be factored into plans for 
electronic submission in order to avoid unexpected delays that could 
result in the rejection of an application. It is highly recommended 
that applicants use the ``Organization Registration Checklist'' at 
http://www.grants.gov/assets/Organization_Steps_Complete_Registration.pdf to ensure the registration process is complete.
    Within two business days of application submission, Grants.gov will 
send the applicant two e-mail messages to provide the status of 
application progress through the system. The first e-mail, almost 
immediate, will confirm receipt of the application by Grants.gov. The 
second e-mail will indicate the application has either been 
successfully validated or has been rejected due to errors. Only 
applications that have been successfully submitted and successfully 
validated will be considered. It is the sole responsibility of the 
applicant to ensure a timely submission, therefore sufficient time 
should be allotted for submission (two business days), and if 
applicable, subsequent time to address errors and receive validation 
upon resubmission (an additional two business days for each ensuing 
submission). It is important to note that if sufficient time is not 
allotted and a rejection notice is received after the due date and 
time, the application will not be considered.
    The components of the application must be saved as either .doc, 
.xls or .pdf files. Documents received in a format other than .doc, 
.xls or .pdf will not be read. Applicants are strongly advised to 
utilize the plethora of tools and documents, including FAQs, that are 
available on the ``Applicant Resources'' page at http://www.grants.gov/applicants/app_help_reso.jsp#faqs. To receive updated information 
about critical issues, new tips for users and other time sensitive 
updates as information is available, applicants may subscribe to 
``Grants.gov Updates'' at http://www.grants.gov/applicants/email_subscription_signup.jsp. If applicants encounter a problem with 
Grants.gov and do not find an answer in any of the other resources, 
call 1-800-518-4726 to speak to a Customer Support Representative or e-
mail ``<a href="/cdn-cgi/l/email-protection#86f5f3f6f6e9f4f2c6e1f4e7e8f2f5a8e1e9f0"><span class="__cf_email__" data-cfemail="f88b8d8888978a8cb89f8a99968c8bd69f978e">[email protected]</span></a>''.
    Late Applications. Any application received after the closing date 
and time specified for receipt at the office designated in this notice 
will not be considered, unless it is received before awards are made 
and (a) it was sent by the U.S. Postal Service registered or certified 
mail no later than the fifth calendar day before the date specified for 
receipt of applications (e.g., an application required to be received 
by the 20th of the month must be postmarked by the 15th of that month); 
or (b) it was sent via professional overnight delivery service or 
submitted on Grants.gov to the addressee not later than one working day 
prior to the date specified for receipt of applications. The term 
``working days'' excludes weekends and Federal holidays. ``Postmarked'' 
means a printed, stamped, or otherwise placed impression that is 
readily identifiable, without further action, as having been supplied 
or affixed on the date of mailing by an employee of the U.S. Postal 
Service.
    Intergovernmental Review. Executive Order No. 12372, 
``Intergovernmental Review of Federal Programs,'' and the implementing 
regulations at 29 CFR part 17 are applicable to this program. Under 
these requirements, an applicant must provide a copy of the funding 
proposal for comment to the states that have established a consultation 
process under the Executive Order. Applications must

[[Page 36523]]

be submitted to the state's Single Point of Contact (SPOC), no later 
than the deadline for submission of the application to the Department. 
For states that have not established a consultative process under E.O. 
12372, but have a State Workforce Investment Board (State Board), the 
State Board will be the SPOC. For WIA implementation purposes, this 
consultative process fulfills the requirement of WIA section 167(e) 
concerning consultation with Governors and Local Workforce Investment 
Boards (LWIB). To strengthen the implementation of E.O. 12372, the 
Department establishes the following timeframe for the treatment of 
comments from the state's SPOC on WIA section 167 applications: (1) The 
SPOC must submit comments, if any, to the Department and to the 
applicant, no later than 30 days after the deadline date for the 
submission of applications; (2) the applicant's response to the SPOC 
comments, if any, must be submitted to the Department no later than 15 
days after the postmarked date of the comments from the SPOC; (3) the 
Department will notify the SPOC (with copy to the applicant) of its 
decision regarding the SPOC comments and applicant response; and (4) 
the Department will implement that decision within 10 days after it has 
notified the SPOC. The names and addresses of the SPOCs are listed in 
the Office of Management and Budget's (OMB) home page at http://www.whitehouse.gov/omb/grants/spoc.html.
    Allowable Costs. The Department shall determine what constitutes 
allowable costs in accordance with the following Federal cost 
principles, as applicable: OMB Circular A-87, State and Local 
Governments; OMB Circular A-21, Educational Institutions; OMB Circular 
A-122, Nonprofit Organizations; and 48 CFR part 31, Profit-Making 
Commercial Firms.

C. Submission Date, Time, and Address

    The closing date for receipt of applications under this 
announcement is September 1, 2009. Applications must be received at the 
address below, or electronically received at the Web site below, no 
later than 4 p.m. Eastern Time. Applications sent by e-mail, telegram, 
or facsimile (fax) will not be accepted. Applications that do not meet 
the conditions set forth in this notice will not be honored. No 
exceptions to the mailing and delivery requirements set forth in this 
notice will be granted.
    Mailed applications must be addressed to the U.S. Department of 
Labor, Employment and Training Administration, Division of Federal 
Assistance, Attention: B. Jai Johnson, Ref: SGA/DFA PY 09-02, 200 
Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Applicants 
are advised that mail delivery in the Washington area may be delayed 
due to mail decontamination procedures. Hand-delivered proposals will 
be received at the above address. All overnight mail will be considered 
to be hand-delivered and must be received at the designated place by 
the specified closing date and time.
    Applicants may apply online through Grants.gov (http://www.grants.gov). Any application received after the deadline will not 
be accepted. It is strongly recommended that applicants applying online 
for the first time via Grants.gov immediately initiate and complete the 
``Get Registered'' registration steps at http://www.grants.gov/applicants/get_registered.jsp. These steps may take multiple days or 
weeks to complete, and this time should be factored into plans for 
electronic application submission in order to avoid unexpected delays 
that could result in rejection of an application. If submitted 
electronically through Grants.gov, the application must be submitted as 
either .doc, .xls, or .pdf files.

D. Funding Restrictions

    All proposal costs must be necessary and reasonable in accordance 
with Federal guidelines. Determinations of allowable costs will be made 
in accordance with the applicable Federal cost principles. Disallowed 
costs are those charges to a grant that the grantor agency or its 
representative determines not to be allowed in accordance with the 
applicable Federal Cost Principles or other conditions contained in the 
grant. Applicants will not be entitled to reimbursement of pre-award 
costs. Funds provided under these grants shall only be used for 
activities that are in addition to those that would otherwise be 
available in the local area in the absence of such funds.
    Indirect Costs. As specified in OMB Circulars on Cost Principles, 
indirect costs are those that have been incurred for common or joint 
objectives and cannot be readily identified with a particular cost 
objective. In order to utilize grant funds for indirect costs incurred, 
the applicant must obtain an Indirect Cost Rate Agreement with its 
Federal Cognizant Agency either before or shortly after the grant 
award. The Federal Cognizant Agency is generally determined based on 
the preponderance of Federal dollars received by the recipient.
    Administrative Costs. An entity that receives a grant to carry out 
a project or program may not use more than 15 percent of the amount of 
the grant to pay administrative costs associated with the program or 
project. Administrative costs could be both direct and indirect costs 
and are defined at 20 CFR 667.220. Administrative costs do not need to 
be identified separately from program costs on the SF 424A Budget 
Information Form. They should be discussed in the budget narrative and 
tracked through the grantee's accounting system. To claim any 
administrative costs that are also indirect costs, the applicant must 
obtain an Indirect Cost Rate Agreement from its Federal Cognizant 
Agency as specified above.

E. Salary and Bonus Limitations

    In compliance with Public Law 109-234 and Public Law 110-5, none of 
the funds appropriated in Public Law 109-149, Public Law 110-5, or 
prior Acts under the heading ``Employment and Training'' that are 
available for expenditure on or after June 15, 2006, shall be used by a 
recipient or sub-recipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II, except as Public Law 109-149. This 
limitation shall not apply to vendors providing goods and services as 
defined in OMB Circular A-133. See Training and Employment Guidance 
Letter Number 5-06 for further clarification: http://wdr.doleta.gov/directives/corr_-doc.cfm?DOCN=2262.

F. Legal Rules Pertaining to Inherently Religious Activities by 
Organizations That Receive Federal Financial Assistance

    Direct Federal grants, sub-award funds, or contracts under this 
program shall not be used to support inherently religious activities 
such as religious instruction, worship, or proselytization. Therefore, 
organizations must take steps to separate, in time or location, their 
inherently religious activities from the services funded under this 
program. Neutral, secular criteria that neither favor nor disfavor 
religion must be employed in the selection of grant and sub-grant 
recipients. In addition, under the Workforce Investment Act of 1998 and 
DOL regulations implementing the Workforce Investment Act, a recipient 
may not use direct Federal assistance to train a participant in 
religious activities, or employ participants to construct, operate, or 
maintain any part of a facility that is used or to be used for 
religious instruction or worship. See 29 CFR 37.6(f). Under WIA, ``no 
individual shall be excluded from participation in, denied the benefits 
of, subjected to

[[Page 36524]]

discrimination under, or denied employment in the administration of or 
in connection with, any such program or activity because of race, 
color, religion, sex (except as otherwise permitted under Title IX of 
the Education Amendments of 1972), national origin, age, disability, or 
political affiliation or belief.'' Regulations pertaining to the Equal 
Treatment for Faith-Based Organizations, which includes the prohibition 
against Federal funding of inherently religious activities, can be 
found at See 29 CFR Part 2, Subpart D. Provision relating to the use of 
indirect support (such as vouchers) are at 29 CFR 2.33(c) and 20 CFR 
667.266.
    A faith-based organization receiving federal funds retains its 
independence from Federal, State, and local governments, and may 
continue to carry out its mission, including the definition, practice, 
and expression of its religious beliefs. For example, a faith-based 
organization may use space in its facilities to provide secular 
programs or services funded with Federal funds without removing 
religious art, icons, scriptures, or other religious symbols. In 
addition, a faith-based organization that receives Federal funds 
retains its authority over its internal governance, and it may retain 
religious terms in its organization's name, select its board members on 
a religious basis, and include religious references in its 
organization's mission statements and other governing documents in 
accordance with all program requirements, statutes, and other 
applicable requirements governing the conduct of DOL funded activities. 
Faith and community-based organizations may also reference ETA Training 
and Employment Guidance Letter (TEGL) No. 01-05 (July 6, 2005), 
available at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2088. 
Faith-based and community organizations may learn about equal treatment 
and religion-related regulations through the DOL's new online training 
course at Workforce3one (http://www.workforce3one.org). The course can 
be found by typing the key words ``equal treatment'' in the search box 
on the upper right hand corner of the page. If you are previously 
registered on this site, you can find the course directly at http://www.workforce3one.org/public/shared/detail.cfm?id=5566&simple=false.
    Intellectual Property Rights. The Federal Government reserves a 
paid-up, nonexclusive and irrevocable license to reproduce, publish or 
otherwise use, and to authorize others to use for Federal purposes: (i) 
The copyright in all products developed under the grant, including a 
subgrant or contract under the grant or subgrant; and (ii) any rights 
of copyright to which the grantee, subgrantee or a contractor purchases 
ownership under an award (including but not limited to curricula, 
training models, technical assistance products, and any related 
materials). Such uses include, but are not limited to, the right to 
modify and distribute such products worldwide by any means, 
electronically or otherwise. Federal funds may not be used to pay any 
royalty or licensing fee associated with such copyrighted material, 
although they may be used to pay costs for obtaining a copy which are 
limited to the developer/seller costs of copying and shipping. If 
revenues are generated through selling products developed with grant 
funds, including intellectual property, these revenues are program 
income. Program income is added to the grant and must be expended for 
allowable grant activities.
    If applicable, the following needs to be on all products developed 
in whole or in part with grant funds: ``This workforce solution was 
funded by a grant awarded by the U.S. Department of Labor's Employment 
and Training Administration.
    The solution was created by the grantee and does not necessarily 
reflect the official position of the U.S. Department of Labor. The 
Department of Labor makes no guarantees, warranties, or assurances of 
any kind, express or implied, with respect to such information, 
including any information on linked sites and including, but not 
limited to, accuracy of the information or its completeness, 
timeliness, usefulness, adequacy, continued availability, or ownership. 
This solution is copyrighted by the institution that created it. 
Internal use by an organization and/or personal use by an individual 
for non-commercial purposes is permissible. All other uses require the 
prior authorization of the copyright owner.''

G. Withdrawal of Application

    Applications may be withdrawn by written notice or telegram 
(including mailgram) received at any time before an award is made. 
Applications may be withdrawn in person by the applicant or by an 
authorized representative thereof, if the representative's identity is 
made known and the representative signs a receipt for the proposal.
    Other Submission Requirements. All other material required to be 
submitted is identified in the various sections of this solicitation.

V. Application Review Information Criteria

    The following review criteria, totaling a maximum of 100 points, 
apply to all applications:
    1. Economic Analysis of the Area: Understanding the Problems of the 
Eligible Migrants and Seasonal Farmworkers in the State Service Area--
15 Points. To fully understand the problems encountered by migrants and 
seasonal farmworkers as they seek enhanced employment opportunities 
requires a full understanding and analysis of the economy in the state 
service area, its industries and the employment opportunities they 
present for farmworkers, and the outreach strategies necessary to 
secure those opportunities for farmworkers; (as described in the 
priorities listed in Section I). Therefore, applicants must provide an 
analysis of the economy (agricultural and non-agricultural) in the 
geographic area they propose to serve, the employment outlook for the 
area, including the number of employers with whom they currently work, 
and a plan for outreach to and recruitment of new employers. A 
description of the expected job opportunities for migrants and seasonal 
farmworkers from these new employers, and how economic conditions and 
employer hiring needs affect the employment prospects of eligible 
migrant and seasonal farmworkers must also be provided.
    This section must also include a detailed description of the state/
regional labor market, both agricultural and non- agricultural, the 
economic conditions expected during the course of the program year, and 
the hiring implications those economic conditions pose for the 
employers in the region/area. In addition, this section must include a 
discussion of the industries that are declining in the service area/
region as well as those industries targeted for growth and expansion 
that hold the potential for improved employment and earnings for 
farmworkers. Applicants should also discuss the strategies to be used 
in securing those opportunities for farmworkers.
    Applicants must also describe the socio-economic characteristics 
and problems faced by eligible farmworkers, and their dependents, in 
the proposed service area/region. To do so, applicants must describe 
the implications that economic conditions and challenges in the region, 
the labor market outlook, and the analysis of potential high growth 
occupations hold for the workforce strategies proposed through this 
solicitation. Scoring will also be

[[Page 36525]]

based on how well the proposal demonstrates the nexus between economic 
conditions, the characteristics of the eligible farmworkers, the 
educational resources, and the workforce investment needs of the 
population to be served. The review and evaluation of this factor will 
also look at the strategies developed for outreach to and recruitment 
of new employers that can provide improved job placement opportunities, 
both within and outside agriculture, for the farmworkers to be served. 
The proposal should clearly describe the links between the economic 
analysis conducted for this application and the applicant's assessment 
of the number of new employers to be recruited, including a description 
of how this will result in improved employment opportunities for 
farmworkers in higher-skilled, higher-paid occupations.
    2. Strategic Partnerships and Collaboration: Familiarity With the 
Proposed Service Area--25 Points. This section must include a 
description of the agencies and strategic partners in the requested 
service area, including faith-based and community organizations, and 
the applicant's experience in collaborating with these organizations in 
a service delivery strategy for migrant and seasonal farmworkers. It 
should also include a description of the services available through 
local service organizations, including faith-based and community 
organizations, and the applicant's strategy to mobilize those 
organizations to provide comprehensive services to farmworkers while 
optimizing the use of limited NFJP resources, particularly supportive 
or related assistance services.
    All applicants must describe their organization's prior experience, 
if any, and demonstrated effectiveness in working with the One-Stop 
Career Center system in the requested service area to provide services 
to farmworkers. Include a description of the applicant's collaborative 
efforts to date to integrate services to farmworkers across all 
partners in the One-Stop Career Center system, and the steps to be 
taken to establish a significant, consistent impact on services 
integration.
    These steps may include, but are not limited to:
    <bullet> Participation in local/state activities to develop the 
modification to the State Strategic Plans for Title I of the WIA and 
the Wagner-Peyser Act for years three and four of the current five-year 
planning cycle;
    <bullet> Participation in activities that connect workforce 
investment and education with economic development planning;
    <bullet> Participation in activities that help the State Board or 
LWIB to get more agricultural employers involved in the workforce 
investment system;
    <bullet> Setting co-enrollment targets (between the NFJP and the 
WIA formula funded programs) that represent a substantial increase in 
services to farmworkers;
    <bullet> Creating better pathways to both basic and post-secondary 
education, specifically with community colleges;
    <bullet> Entering into and implementing agreements with the State 
Board or the LWIBs and One-Stop operators to significantly increase 
outreach to farmworkers, and to significantly increase the number of 
One-Stop Career Center staff who are cross-trained in NFJP/adult and 
dislocated workers services and requirements. Applicants must describe 
their experience with developing or improving existing working 
relationships between partners in the One-Stop Career Center system, 
and how that experience will be translated into improved services 
integration for eligible farmworkers.
    Scoring on this factor will be based how the information requested 
above represents evidence of the applicant's knowledge of and working 
relationship with the network of workforce investment and related 
services in the requested service area, including the One-Stop Career 
Center system, and the services offered by social, educational, faith-
based, community, and health organizations that are available to assist 
farmworkers. Scoring will also be based on the applicant's 
effectiveness and success with causing these organizations to direct 
their resources towards addressing the needs of farmworkers in the 
requested service area in ways that maximize the availability of 
limited NFJP resources while increasing the services provided to 
farmworkers through the One-Stop and/or other service agencies.
    3. Administrative Capacity--20 Points. Applicants must demonstrate 
that they have adequate and sustainable management information, 
performance management, case management, accounting, and program and 
fiscal reporting systems in place to ensure program and fiscal 
integrity. Because the NFJP has eligibility requirements for 
participation in the program, the applicant must also describe the 
eligibility determination and verification system in place that will 
allow for correct eligibility determinations and minimize enrollment of 
ineligible participants. Additionally, all ETA-funded job training 
programs, including the NFJP, are implementing a data validation 
initiative intended to ensure that the data collected and reported to 
ETA is accurate. An applicant's participant and reporting system must 
be able to implement data validation procedures, as described in TEGL 
3-03, 3-03 change 1, and 3-03 change 2 (OMB clearance issued August 31, 
2004).
    Applicants must describe their systems in support of program 
integrity, such as management information, performance management, and 
program participation (including individual participant records), 
needed for quarterly reporting and performance accountability and 
management, and to establish and maintain a client-centered case 
management system. Applicants are reminded that the NFJP is subject to 
OMB's common measures for job training and employment (Entered 
Employment, Employment Retention, and Average Earnings, described 
earlier in this solicitation); therefore, the data collection and 
reporting system, as well as its link to performance management and 
accountability, must be described in detail.
    Fiscal integrity is a critical component of operating any federally 
funded program. The applicant must describe a system that is sufficient 
to prepare financial reports and to trace funds to adequate levels of 
expenditures to ensure lawful spending.
    The system must have the capacity to track spending by program, to 
ensure that, for those organizations with funding from more than one 
federal program, expenditures are posted against the appropriate 
program. The system must also be able to track program income generated 
through activities funded by the NFJP grants, and show the link between 
program income and those additional participants and/or services funded 
through program income. Applicants must describe their capacity to 
manage supportive services, also described as related assistance 
services, and to account for expenditures related to these services.
    The NFJP is required to use electronic reporting via the Internet. 
Applicants must describe their capacity to provide the equipment, 
access, and staff qualified to perform on-line reporting. The applicant 
must also demonstrate its capacity to provide case management as well 
as the electronic tools to be utilized (Personal Computer, software, 
Internet access, and e-mail accounts) to implement a client-centered 
case management system.
    Scoring on this factor will be based on evidence of effective 
systems for

[[Page 36526]]

performance accountability and management, program and fiscal 
reporting, case management, eligibility determination and verification, 
as well as the ability to report electronically through the Internet.
    4. Integrated Service Delivery Strategies: Proposed Plan of 
Services--40 Points Total. This criterion is broken into three sub-
criteria, with individual point values defined below. This criterion 
should include a description of how the proposed service plan will 
strengthen migrant and seasonal farmworkers' ability to obtain or 
retain employment and to access appropriate educational opportunities 
(remediation, career guidance, apprenticeships). Please note that the 
Proposed Plan of Service, Integration of Services, and Opportunities 
for Farmworkers sub-criteria equal a total of 40 points.
    A. Proposed Plan of Service--20 points. The proposal should 
describe the applicant's vision, strategy, goals and objectives that 
guide the proposed plan of service and the results expected from 
implementing the proposed plan. The program plan of service section 
must include descriptions of:
    <bullet> The state service area covered by the plan.
    <bullet> An estimate of the number of migrant and seasonal 
farmworkers, broken out by category, to be provided training services. 
An estimate should be included of the number of migrant and seasonal 
farmworkers, broken out by category, who will be provided related 
assistance services only.
    <bullet> The strategies for conducting participant outreach and 
recruitment, including the involvement, where applicable, of faith-
based and community organizations in those strategies, as well as other 
One-Stop Career Center partner programs.
    <bullet> The proposed client-centered case management system, 
including the staff's responsibilities for managing the system, the 
staff development opportunities available to enhance their skills in 
case management, and the capacity to increase community resources 
available for case management through joint alliances and/or endeavors, 
such as through faith-based or community organizations, or through the 
One-Stop Career Center system.
    <bullet> The core services proposed, and how those services will be 
delivered in collaboration with the One-Stop system. Include a 
description of the eligibility determination system and how the 
applicant determines service priorities.
    <bullet> The intensive services proposed, the strategy for 
providing them, and the collaboration with the One-Stop Career Center 
system in the provision of these services (see definition of intensive 
services at WIA section 134(d)(3) and 20 CFR 669.370). Please note that 
the NFJP regulations at 20 CFR 669.380 provide that the delivery of 
intensive and training services should flow from an objective 
assessment process that includes an Individual Employment Plan. The 
proposal must describe the strategy for doing this, as well as the 
organization's capacity to appropriately address an individual's needs 
as identified through the objective assessment. Intensive services are 
described in WIA 134(d)(3)(C) and 20 CFR 669.370.
    <bullet> If work experience is to be offered as an activity, the 
process by which the determination to use it is based, and the strategy 
for measuring its success as a program activity. (See 20 CFR 669.370 
(b)(i) and (b)(ii)(B) for additional information on work experience 
activities.) The training services to be provided to eligible 
farmworkers, including the process used to determine a participant's 
enrollment in training services, and the process used when the 
determination is made not to place a participant in training. (See 20 
CFR 669.410 for a description of training services.) In addition, the 
proposal should describe the strategy to be used to promote co-
enrollment of participants in the WIA formula funded programs.
    <bullet> Related assistance services (see definition at 20 CFR 
669.110), including supportive services, needed by migrant and seasonal 
farmworkers and their dependents, and the strategy for providing those 
services, including the agencies or organizations with whom the 
applicant will collaborate and/or coordinate these services. The 
proposal should provide separate descriptions for those farmworkers 
receiving supportive services and also intensive and/or training 
services, and those farmworkers for whom related assistance services 
will be the only services provided. It should also include a 
description of the process used to determine the need for related 
assistance services, the differences in the determination process, if 
any, among migrant and seasonal farmworker groups, and the rationale 
for the differences. Applicants are reminded that the NFJP is intended 
to be a job training program, whose purpose is to assist eligible 
migrant and seasonal farmworkers and their families prepare for jobs 
that provide stable, year-round employment, both within and outside 
agriculture. Related assistance services include supportive services 
that assist eligible migrant and seasonal farmworkers to retain 
employment or enter into or remain in training. While no limitation is 
placed on the numbers of participants receiving related assistance 
services only, applicants are expected to describe in full how they 
will continue to increase the number of participants receiving 
employment and training services.
    <bullet> The strategy for balancing related assistance services 
with the need to increase employment and training services.
    <bullet> The educational approaches to be used, including 
remediation, GED attainment, GED leading to apprenticeships, career 
guidance and other pathways leading to credentialing or post secondary 
opportunities, if applicable, to assist the participant in obtaining 
the occupational skills that lead to employment in high-growth 
occupations or to higher paying employment within the agricultural 
industry.
    <bullet> The strategies to be used to achieve performance results 
with respect to job placement, employment retention, and average 
earnings (i.e., the common measures).
    <bullet> The strategies to address how job placement opportunities 
will be pursued among the employers in the service area, including how 
job placement opportunities from new employers will be secured, as well 
as opportunities in high growth industries/occupations.
    <bullet> The process by which the applicant will conduct follow-up 
services for those who are placed in jobs or engaged in entrepreneurial 
activities.
    Scoring of this factor will be based on evidence that the plan of 
service contains a balanced program of activities and a rationale for 
the proposed services.
    B. Integration of Services--10 points. All applicants must 
demonstrate how the service strategy achieves integration of services 
by all partners in the One-Stop system, and how this integration 
results in enhanced and improved workforce investment services to 
farmworkers, within a state service area and/or regional economy. The 
plan should provide clear evidence that the service plan expands the 
workforce and related services available to farmworkers due to a closer 
integration and specific collaboration between the NFJP and the local 
workforce investment system, new or stronger partnerships with faith-
based and community organizations, as appropriate. Scoring on this 
factor will be based on evidence that the service plan encompasses 
resources and program activities available from other One-Stop Career 
Center partners and/or the local services agencies, including

[[Page 36527]]

faith-based and community organizations.
    C. Opportunities for Farmworkers--10 points. The evaluation of this 
factor will assess whether the service strategy and service plan 
presented by the applicant reflects knowledge of the local workforce 
investment plan and proposes services that complement that plan in a 
way that increases employment opportunities for farmworkers. Applicants 
should include service delivery strategies that will provide 
farmworkers with career pathways both within and outside agricultural 
employment; i.e., remediation leading to post secondary education or 
credentialing (if appropriate); high school diplomas or GED leading to 
apprenticeship opportunities, if applicable; and/or industry-accepted 
certifications. Also included in this criterion should be activities to 
upgrade farmworkers' employment opportunities within agriculture.
    Review and Selection Process. A review panel will rate each 
proposal according to the criteria scoring factors specified in this 
solicitation. Panel reviews are critical to the selection of grantees 
but are advisory in nature, and their recommendations are not binding 
on the Grant Officer. The Grant Officer, in selecting potential 
grantees, may consider any information that comes to his or her 
attention, including past performance under a previous grant and 
information from the program office, and will make the final selection 
determination based on what best meets the needs of eligible migrants 
and seasonal farmworkers in the area to be served. The Grant Officer 
may consider factors such as panel findings, geographic presence of the 
applicants, proposed areas to be served, and other pertinent factors. 
In making award determinations, the Grant Officer retains full 
authority to set aside panel results and scoring in cases that the 
Grant Officer considers appropriate, and to select the applicant the 
Grant Officer deems best suited to serve the migrant and seasonal 
farmworker population.
    The Grant Officer's determination for award under this SGA is 
final. The Grant Officer may elect to make awards either with or 
without discussions and negotiations with the applicant. In situations 
without discussions, an award will be based on the applicant's 
signature on the SF-424, which constitutes a binding offer.
    Applications rated by the review panel with a score of less than 80 
points will not be recommended for an award. The Grant Officer retains 
full authority to designate a grantee he or she deems best suited to 
serve the migrant and seasonal farmworker population, regardless of 
whether the applicant is the incumbent provider, a challenger, or an 
entity that did not initially submit an application pursuant to the 
criteria defined herein; especially in those areas with no applications 
receiving a score equal to or greater than 80. In areas where there are 
no applications with a score of 80 or above, the process for selecting 
another potential grantee, described in Section II, will be 
implemented.

VI. Award Administration Information

    Award Notices. The Grant Officer will notify applicants, in 
writing, if they are selected as potential grantees. The notification 
will invite each potential grantee to negotiate the final terms and 
conditions of the grant as applicable, will establish a reasonable time 
and place for the negotiations, and will indicate the specific state 
service area and amount of funds to be allocated under the grant. 
FY2009 funds will be awarded for the period October 1, 2009 to June 30, 
2010.
    An applicant that is not selected as a potential grantee or whose 
application has been denied in part or in whole by the Department will 
be notified in writing by the Grant Officer and advised of all appeal 
rights. The notification will outline the deficiencies as noted by the 
review panel. The written notification by the Grant Officer constitutes 
a final decision, for the purposes of 20 CFR 667.800.
    Administrative and National Policy Requirements. There are no 
additional administrative or national policy requirements.
    Reporting. An applicant's proposal becomes the annual grant plan 
after a grant award is made, with additional information as appropriate 
and requested by the funding agency. WIA section 167 grantees will be 
required to submit reports on financial expenditures, program 
participation, and participant outcomes on a quarterly basis. Grantees 
will also have to submit planned financial expenditures and planned 
program participation forms at the beginning of the program year. 
Grantees must report electronically, but may be asked to submit reports 
in paper form on occasion. As reflected earlier in this solicitation, 
this program is subject to the common measures of performance. Grantees 
will be required to provide the data necessary to collect information 
for reporting performance results against the common measures.

VII. Agency Contacts

    Questions related to this solicitation may be directed to Ms. Mamie 
Williams, Grants Management Specialist, telephone 202-693-3341; e-mail 
address: <a href="/cdn-cgi/l/email-protection#1f48767373767e726c31727e72767a5f7b707331787069"><span class="__cf_email__" data-cfemail="54033d38383d3539277a3935393d3114303b387a333b22">[email protected]</span></a>; fax: 202-693-2879 (this is not a toll 
free number). Please include a contact name, fax and telephone number. 
This announcement is also being made available on the ETA Web site at 
http://doleta.gov/sga/sga.cfm and http://www.grants.gov.

VII. Other Information

OMB Information Collection No. 1225-0086 Expires September 30, 2009
    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless such 
collection displays a valid OMB control number. Public reporting burden 
for this collection of information is estimated to average 20 hours per 
response, including time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information. Send comments regarding 
the burden estimated or any other aspect of this collection of 
information, including suggestions for reducing this burden, to the OMB 
Desk Officer for ETA, Office of Management and Budget, Room 10235, 
Washington, DC 20503. Please do not return your completed application 
to the OMB. Send it to the sponsoring agency as specified in this 
solicitation.
    This information is being collected for the purpose of awarding a 
grant. The information collected through this ``Solicitation for Grant 
Applications'' will be used by DOL to ensure that grants are awarded to 
the applicant best suited to perform the functions of the grant. 
Submission of this information is required in order for the applicant 
to be considered for award of this grant. Unless otherwise specifically 
noted in this announcement, information submitted in the respondent's 
application is not considered to be confidential.

    Dated: July 15, 2009.
B. Jai Johnson,
Grant Officer, Employment and Training Administration.
[FR Doc. E9-17520 Filed 7-22-09; 8:45 am]
BILLING CODE 4510-FN-P


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