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

[Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
[Notices]
[Pages 15991-15998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8114]


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DEPARTMENT OF LABOR

Employment and Training Administration


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

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

ACTION: Notice of Solicitation for Grant Applications (SGA) for Migrant 
and Seasonal Farmworker Programs under the Job Training Partnership Act 
for Transitioning to the Workforce Investment Act.

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SUMMARY: The U.S. Department of Labor (the Department or DOL) announces 
the availability of funds under Solicitation for Grant Applications 
(SGA-DFA-99-009), for Migrant and Seasonal Farmworker (MSFW) Programs 
for Program Year (PY) 1999, and procedures for selection of designated 
grantees for PY 1999 and PY 2000 (July 1, 1999 through June 30, 2001). 
This SGA is under the authority of Section 402 of the Job Training 
Partnership Act (JTPA), 29 U.S.C. 1672, and Section 167 of the 
Workforce Investment Act (WIA), 29 U.S.C. 9201. Applicants selected 
will be designated as PY 1999/2000 grantees to deliver appropriate 
workforce investment activities, and related assistance, to eligible 
migrant and seasonal farmworkers. Section 402 of JTPA and Section 167 
of WIA require that the eligible entities be selected using a process 
consistent with Federal competitive procurement policies.

DATES: The closing date for receipt of applications is May 7, 1999, by 
4:00 p.m. (Eastern Time). No exceptions to the mailing and hand-
delivery conditions set forth in this notice will be granted. 
Applications that do not meet the conditions set forth in this notice 
will not be considered.

ADDRESSES: Applications must be mailed or hand-delivered to: Ms. 
Lorraine Saunders, U.S. Department of Labor, Employment and Training 
Administration, Division of Federal Assistance, Room S-4203, 200 
Constitution Avenue, NW, Washington, D.C. 20210. Reference: SGA/DFA 99-
009.

FOR FURTHER INFORMATION CONTACT: Ms. Lorraine Saunders at 202-219-8702 
x  145 (this is not a toll-free number).

Part A--Introduction and Background

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

[[Page 15992]]

operating authority from the JTPA to the WIA so that full 
implementation of WIA occurs on or before the July 1, 2000 (the 
beginning of PY 2000). Grantees have the authority under WIA during PY 
1999 to take the steps necessary to transition from JTPA operating 
authority to WIA operating authority. This authority facilitates moving 
jointly with the States and in conjunction with the Local Workforce 
Investment Boards, as appropriate. Grantees may submit proposals to 
operate under WIA or under JTPA in PY 1999 or may transition from JTPA 
to WIA during that year.
    In addition, the Department intends to exercise its option to waive 
competition for the succeeding two-year period (PY 2001 and PY 2002) 
for grantees who perform satisfactorily during PY 1999 and PY 2000. In 
accordance with WIA Section 167(c)(4)(B), the Department will establish 
criteria for making a determination of satisfactory performance upon 
which to base the anticipated waivers of competition for the second 
two-year period. The Department will advise the grantees of its 
determination and will include the criteria to be used for determining 
satisfactory performance.
    The proposals submitted must consist of six (6) sections as 
follows: Section I--covering the applicant's understanding of the 
problems of eligible migrant and seasonal farmworkers (including 
dependents). Section II--capacity for utilizing the existing service 
environment (and familiarity with the area to be served). Section III--
proposed major activities (including approach in transitioning from 
JTPA to WIA implementation within the proposed service area). Section 
IV--programmatic experience. Section V--general administrative/
financial management capability. Section VI is a place holder for the 
applicant's attachments. The statement of programmatic experience must 
reflect the applicant's capacity to administer effectively a 
diversified program of workforce investment activities and related 
assistance (an employability development program under JTPA) for 
eligible migrant and seasonal farmworkers.
    For rating purposes, Sections I-V are assigned a range of possible 
points, and the sum of the maximum possible points for all five 
sections totals 100. The most heavily weighted criteria is for Section 
III which covers the proposed program design, plans for serving the 
target MSFW population and proposed strategy for successfully 
transitioning to full WIA implementation. The applicant's proposal for 
Section III should be a description of an operational plan that is 
appropriate to the service environment described by the proposer in 
Sections I and II.

Background:

    The objective of the Migrant and Seasonal Farmworker Program under 
section 402 of the Job Training Partnership Act is to provide services 
to meet the employment and training needs of migrant and seasonal 
farmworkers through such public and private nonprofit organizations as 
determined by the Secretary to have an understanding of the problems of 
migrant and seasonal farmworkers, a familiarity with the area to be 
served, and a previously demonstrated capability to administer 
effectively a diversified employability development program for migrant 
and seasonal farmworkers.
    Section 167 of WIA specifies that the MSFW program provide 
workforce investment activities and related assistance for eligible 
migrant and seasonal farmworkers through eligible entities that 
demonstrate an understanding of the problems of eligible migrant and 
seasonal farmworkers, a familiarity with the area to be served, and a 
capacity to administer effectively a diversified program of workforce 
investment activities and related assistance for eligible migrant and 
seasonal farmworkers (MSFWs).
    The MSFW program is subject to all applicable provisions of the 
JTPA regulations at 20 CFR 633, the WIA Interim Final Regulations, and 
to the Department's regulations at 29 CFR Parts 93 (New Restrictions on 
Lobbying), 96 (Audit Requirements), and 98 (Debarment, Suspension and 
Drug-free Workplace requirements), and the Department's 
nondiscrimination regulations at 29 CFR 34 and the nondiscrimination 
regulations implementing WIA Section 188. Should the regulations at 
Part 669 conflict with regulations elsewhere in 20 CFR, the regulations 
at Part 669 will control. The WIA interim final regulations will be 
published soon. Further, should any instructions in this notice 
conflict with WIA Interim Final Rules, the WIA regulations control. 
Applicants should consult and be familiar with WIA regulations at 20 
CFR Parts 660 through 671.

Consultation With Governors and Local Boards

    Executive Order No. 12372, ``Intergovernmental Review of Federal 
Programs,'' and the implementing regulations at 29 CFR Part 17, are 
applicable to this program. Under these requirements, the applicant 
must provide a copy of the application for comment to the States that 
have established a consultation process under the Executive Order. 
Applications must be submitted to the State's Single Point of Contact 
(SPOC) no later than the deadline for submission of the application to 
the Department.
    For States that have not established a consultative process under 
Executive Order No. 12372, and have established a State Workforce 
Investment Board (State Board), the State Board will be the SPOC. For 
WIA implementation purposes, this consultation process fulfills the 
requirement of WIA Section 167(e) concerning consultation with 
Governors and local Boards. To strengthen the implementation of 
Executive 0rder No.12372, the Department establishes the following 
time-frame for its treatment of comments from the State's SPOC on WIA 
Section 167 applications:
    1. The SPOC must submit comments, if any, to the Department and to 
the applicant, no later than 30 days after the deadline date for 
submission of application;
    2. The applicant's response to the SPOC comments, if any, must be 
submitted to the Department no later than 15 days after the post-marked 
date of the comments from the SPOC;
    3. The Department will notify the SPOC of its decision regarding 
the SPOC comments and applicant response; and
    4. The Department will implement that decision within 10 days after 
it has notified the SPOC.

State Area Allocation Estimates

    State area planning estimates will be published in a separate issue 
of the Federal Register.

Part B--Solicitation for Grant Application:

    To provide training, employment opportunities, and related services 
to eligible migrant and seasonal farmworkers under JTPA section 402 and 
WIA section 167, the Department selects the grantee for each service 
area from among the competing eligible entities that apply for the 
grant to serve the area. Both WIA and JTPA provide that organizations 
eligible to operate MSFW programs must:
    •  Have an understanding of the problems of eligible migrant 
and seasonal farmworkers (including dependents),
    •  Have a familiarity with the area to be served, and
    •  Have a demonstrated capacity to administer effectively a 
diversified program of workforce investment

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activities are related assistance for eligible migrant and seasonal 
farmworkers.

Submittal of the Grant Application Package

    Applicants must submit an original and three (3) copies of the 
complete application package for review. Applications must be mailed no 
later than five (5) days prior to the closing date for the receipt of 
applications. However, if application are hand-delivered, they must be 
received at the designated place by 4:00 p.m. Eastern Time on the 
closing date for receipt of applications. All overnight mail will be 
considered to be hand-delivered and must be received at the designated 
place by the specified time and closing date. Telegraphed and/or faxed 
proposals will not be honored. Applications that fail to adhere to the 
above instructions will not be honored.
Late Applications
    Any application received at the office designated in the 
solicitation after the exact time specified for receipt will not be 
considered unless it:
    (a) Was sent by U.S. Postal Service registered or certified mail 
not later than the fifth calendar day before the closing date specified 
for receipt of applications (e.g., an offer submitted in response to a 
solicitation requiring receipt of application by the 30th of January 
must have been mailed by the 25th); or
    (b) Was sent by U.S. Postal Service Express Mail Next Day Service--
Post Office to Addressee, not later than 5 p.m. at the place of mailing 
two working days prior to the date specified for receipt of 
application. The term ``working days'' excludes weekends and U.S. 
Federal holidays.
    The only acceptable evidence to establish the date of mailing of a 
late application sent by U.S. Postal Service registered or certified 
mail is the U.S. postmark on the envelop or wrapper and on the original 
receipt from the U.S. Postal Service. Both postmarks must show a 
legible date or the proposal shall be processed as if it had been 
mailed late. ``Postmark'' means a printed, stamped, or otherwise placed 
impression (exclusive of a postage meter machine impression) that is 
readily identifiable without further action as having been supplied and 
affixed by an employee of the U.S. Postal Service on the date of 
mailing. Therefore, applicants should request the postal clerk to place 
a legible hand cancellation ``bull's eye'' postmark on both the receipt 
and the envelope or wrapper.
    The only acceptable evidence to establish the date of mailing of a 
late application sent by ``Express Mail Next-Day Service-Post Office to 
Addressee'' is the date entered by the post office receiving clerk on 
the ``Express Mail Next Day Service-Post Office to Addressee'' label 
and the postmarks on both the envelope and wrapper and the original 
receipt from the U.S. Postal Service. ``Postmark'' has the same meaning 
as defined above. Therefore, an applicant should request the postal 
clerk to place a legible hand cancellation ``bull's eye'' postmark on 
both the receipt and the envelope or wrapper.
Withdrawal of Applications
    Applications may be withdrawn by written notice or telegram 
(including mailgram__) received at any time before award. Applications 
may be withdrawn in person by the applicant or by an authorized 
representative thereof, if the representative's identity is made known 
and the representative signs a receipt for the proposal.

The Grant Application Package

    The Application package must consist of:
    (1) A Standard Form 424 found in OMB Circular A-102 and as an 
attachment to this Solicitation;
    (2) A certification prepared within the last six months, attesting 
to the adequacy of the entity's fiscal management and accounting 
systems to account for and safeguard Federal funds properly. The 
Certification is to be obtained as follows:
    (a) for incorporated organizations, a certification from a 
Certified Public Accountant, or
    (b) for a public agency, a certification by its Chief Fiscal 
Officer;
    (3) A statement indicating the entity's legally constituted 
authority under which the organization functions. A nonprofit 
organization should submit a copy of its Charter or Articles of 
Incorporation, including proof of the organization's nonprofit status;
    (4) The entity's employer identification number (EIN) issued by the 
Internal Revenue Service;
    (5) If the applicant is a current JTPA 402 grantee, a summary of 
program performance for PY 97 and for PY 98 (through the 3rd Quarter); 
and
    (6) The entity's application for grant funding (an original and 3 
copies with original signatures) as described below.

Format and Content of Grant Application

    The grant application is limited to 75 numbered pages, double-
spaced, in 12-point type. This page limitation does not include any 
letters of support or the required attachments. Do not include detailed 
budgets and program planning estimates in this grant application 
package. Planning and budget documents will be provided to selected 
applicants, as appropriate. To ensure full consideration, the 
application must follow the numerical sequence of the Sections I 
through V as listed below, include all attachments under Section VI, 
and include a Table of Contents.
    To facilitate the applicant's understanding of the application 
process the rating criteria for each Section is included. Section VI 
serves as the holding place in the application for the applicant's 
attachments.

CONTENTS OF APPLICATION

Section I--Understanding MSFW Population of the Service Area

    In this section, applicants should describe the problems that are 
faced by MSFWs over the course of a year in the specific local 
geographic areas proposed to be served. An understanding of the local 
economy and the problems faced by MSFWs working within that economy is 
important to formulating an effective service strategy.
    Applicants must provide the following information in this section:

    (1) A description of the socio-economic characteristics, 
problems and needs of eligible migrant and seasonal farmworkers (and 
their dependents) in the proposed service delivery area. (Note: For 
applicants that are current JTPA Section 402 grant recipients, a 
recapitulation solely of the socio-economic characteristics of past 
or current participants will not adequately address this 
requirement); and
    (2) A description of the types of workforce investment 
activities necessary to respond to the needs of the eligible 
population described in paragraph (1) above, explaining how the 
proposed activities will address those needs.

Rating Criteria for Section I--0 to 15 Points

    The scoring will be based on the applicant's (1) described 
understanding of the socio-economic characteristics and needs of the 
MSFW population and (2) whether the applicant's analysis of how the 
needs described will be addressed through its proposed program mix of 
workforce training activities and supportive services.

Section II--Capacity for Utilizing the Existing Service Environment

    In this section applicants should describe their current or planned 
programmatic ties within the proposed service area to appropriate 
entities, including those entities that provide educational, health and 
child care

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services to eligible farmworkers. Those entities may include: State and 
Local Workforce Investment Boards, the local One-Stop Centers, State 
and Local Offices of Migrant Education and Migrant Health, Farmworker 
Housing Programs, eligible providers of training services as described 
in WIA section 122, and other local service organizations. (Note: 
Letters of commitment documenting appropriate programmatic ties should 
be attached to the application in Section VI.)
    Applicants that are not a current MSFW program grantee may 
demonstrate their potential to enter a new market by describing 
community ties related to service to farmworkers from its experiences 
in other areas and/or programs and anticipated ties in the specific 
community applied for.
    Applicants must provide the following information in this section:
    (1) A labor market assessment of the proposed service area with 
projections for employment needs, projected skill shortages based on 
new or changing industry growth, as well as those created by emerging 
technologies, and specific job opportunities that are available in the 
service area;
    (2) A general description of the current service environment in the 
proposed service delivery area. Include existing and proposed working 
relationships and agreements with agencies, organizations and 
institutions within the service area;
    (3) A description of the area-wide strategy proposed or underway 
for implementing the requirement of WIA to make core services of the 
local One-Stop Center available to the MSFWs served under the grant. 
This transition should occur in tandem with the State's implementation 
schedule; and
    (4) A description of the applicant's proposed delivery system, 
including a list of the field/regional office locations and any other 
delivery agents, and a description of the range of services proposed 
for each office location.

Rating Criteria for Section II--0 to 15 Points

    The scoring will be based on the applicant's (1) understanding of 
local conditions, of the range of resources within the community, (2) 
the applicant's potential for participating in workforce investment 
system partnerships, evidenced through its demonstrated capacity to 
develop ties with appropriate agencies derived from current and/or 
proposed relationships, and (3) the demonstrated appropriateness of 
these relationships to labor market and MSFW needs.

Section III--Major Activities Proposed for the Service Area

    This section addresses the program approach that the applicant will 
use to address the needs of the MSFW population described above. The 
plan should describe the major program activities proposed for the 
service area in detail, covering the biennial period for PYs 1999 and 
2000 (July 1, 1999--June 30, 2001). PY 1999 is the transition year from 
JTPA to WIA. Thus, the proposal should describe the plan under JTPA and 
the implementation activities proposed during the course of PY 1999 to 
ensure successful WIA implementation on or before July 1, 2000. For PY 
2000 and early WIA implementation during PY 1999, identify and describe 
the workforce investment activities and related assistance proposed 
under WIA for eligible migrant and seasonal farmworkers that will be 
available as (a) core services, (b) intensive services, and (c) 
training services. The applicant should include its rationale for the 
approach and proposed mix of workforce investment activities and 
services.
    Applicants must provide the following information about the 
services proposed to be provided for MSFWs and propose a strategy 
designed to provide a smooth transition from JTPA authorization to a 
successful implementation of WIA:
    (1) JTPA program--A description of each major component of the 
program proposed for funding under JTPA that includes the following:
    (a) A discussion of outreach and recruitment, targeting of the 
hard-to-serve, eligibility determination and verification, initial 
assessment, and the criteria used for enrollment in training or 
referral to other service providers; and
    (b) A description of the proposed case management approach under 
JTPA, generally showing the proposed application of objective 
assessment techniques and reliance on community resources (for 
counseling, testing, work experience host sites, etc.) for developing 
individual service strategies (ISS) for each participant;
    (2) WIA transitional strategy
    (a) A description that primarily addresses how the negotiation 
strategy with the local workforce investment boards is expected to 
produce a successful agreement on the terms of a Memorandum of 
Understanding (MOU). (The executed MOU fulfills the mandatory partner 
requirements of the One-Stop centers under WIA.)
    (b) A description of any operating arrangements with One-Stop 
partner agencies for those areas where some of the partners are 
operating prior to implementation;
    (3) WIA Program--A description of each major component of the 
program proposed for funding under WIA that includes the following:
    (a) A description of how the applicant expects to provide core 
services in partnership with the local One-Stop Center and the 
workforce investment delivery system in the service area;
    (b) A description of any additional outreach to farmworkers 
intended by the applicant and how it anticipates making the core 
services of the One-Stop Center available to all who enter its field 
offices;
    (c) When applicable, a description of endeavors to develop linkages 
through electronic or other means with One-Stop Centers serving 
farmworkers in rural areas where there are no field offices;
    (d) A description of the intensive services proposed under WIA. 
Intensive services are defined in WIA section 134(d)(3)(C) and include 
such activities as group and individual counseling, skill assessment, 
case management of participants seeking training, objective assessment, 
and supportive services;
    (e) A description of training activities/services proposed to be 
available to participants and showing that it is consistent with the 
skills needed by employers. This description may be a single combined 
JTPA and WIA description indicating only any differences proposed. 
Training services are defined in WIA section 134(d)(4)(D) and include 
occupational skills training, OJT, and entrepreneurial training; and
    (f) Since WIA intensive services and WIA training services may be 
combined under the MSFW program, describe how a combined approach will 
provide for an enhanced service delivery strategy;
    (4) Provide flow charts separate for JTPA and WIA, that illustrate 
the flow of services to participants, including outreach, intake and 
assessment, provision of service/enrollment in workforce investment 
activities, placement, and follow-up. The charts should show the 
participant flow when the applicant/job seeker enters through the One-
Stop Center and when he/she enters through the applicant's outreach 
system at a local field office; and
    (5) A summary of the changes to the workforce investment activities 
to be offered under fully implemented WIA from those to be provided 
under JTPA. Include a description of any youth activities proposed 
under the authority of WIA Section 167(d).

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Rating Criteria for Section III--0 to 40 Points

    The scoring will be based on the effectiveness of the proposed 
workforce investment activities in addressing the described farmworker 
needs in the proposed service areas for the biennial period with 
respect to (1) the program strategy to be provided under JTPA prior to 
WIA implementation will serve MSFWs, (2) the proposed transitional 
strategy to be pursued will achieve WIA implementation by showing how 
it is anticipated to lead to the provision of One-Stop core services to 
farmworkers, (3) the strategy of proposed intensive and training 
services to be provided under the WIA and (4) how the proposed training 
activities are consistent with the employer's demands for occupations 
within the service area.

Section IV--Program Experience

    In section IV the applicant describes organization's experience 
(for a minimum of the two years prior to application) in administering 
employment and training programs both within as well as outside the 
proposed service area.
    The information to be provided in this section should include the 
following for each program:
    (1) The type of program;
    (2) Grant, contract or agreement number;
    (3) Name of the funding agency;
    (4) Amount of funding, period of performance and area served;
    (5) A description of the major activities of the program;
    (6) Proposed and actual outcomes for each activity described; and
    (7) Performance standards and actual performance results for each 
program listed.

Rating Criteria for Section IV--0 to 15 Points

    The scoring will be based on the applicant's (1) capacity for 
providing the employment and training and other workforce development 
services that are appropriate for MSFWs, and (2) past performance of 
all the relevant program experience.

Section V--Administration and Staff

    This section describes the applicant's organizational structure and 
staffing patterns.
    Applicants must provide the following information in this section:
    (1) An organizational chart that includes current administrative 
and local field offices with staffing patterns, and a description of 
the respective roles of staff in the context of delivering services in 
the proposed MSFW program. Applicants should include any provisions 
show any anticipated staffing changes resulting from full WIA 
implementation. Also include any planned provisions for hiring members 
of the client population and (as an attachment in section VI) relevant 
position descriptions.
    (2) A description of administrative and program management 
processes which include the fiscal management systems and the program 
management systems (including management information systems (MIS)). 
For program management, be sure to include participant tracking and 
follow-up, program monitoring and oversight, and technical support for 
front line staff;
    (3) For applicants that currently operate multi-state JTPA 402 
programs, briefly describe which of the above program or management 
activities are centrally managed/processed and the benefits (fiscal and 
programmatic) attributed to the centralization of these activities.

Rating Criteria for Section V--0 to 15 Points

    This section rates the applicant's managerial experience, and the 
potential for efficient and effective administration of the proposed 
program.

Section VI--Attachments

    Include the attachments to the grant application in this section. 
No rating criteria apply to this section.

Part C--Review Process of Grant Applications

Panel Review
    The Grant Officer will select potential grantees utilizing all 
information available to him/her. A review panel will rate each 
proposal using the specific criteria cited above. Panel results are 
advisory in nature and are not binding on the Grant Officer. The Grant 
Officer may, at his/her discretion, request an applicant to submit 
additional or clarifying information if deemed necessary to make a 
selection. However, selections may be made without further contact with 
the applicants.
Responsibility Review
    Prior to awarding a grant to any applicant, the Department will 
conduct a responsibility review of available records. The 
responsibility review relies on tests of available records to determine 
if the applicant has established a satisfactory history of accounting 
for Federal funds and property. The responsibility review is 
independent of the panel review process. Applicants failing to meet the 
requirements of this section may be disqualified for selection as 
grantees, irrespective of their standing in the competition. Any 
applicant that is not selected as a result of the Grant Officer's 
responsibility review will be advised of its appeal rights. The 
responsibility tests that will be considered are presented in the WIA 
regulations.
Areas not competed
    In the event that,
    1. No grant applications are received for a specific service 
delivery area; or
    2. All applications received are determined unacceptable; or
    3. Where a grant agreement is not successfully negotiated with the 
selected grantee; the Department will offer the Governor of the State, 
if that State had not applied, a first right to submit an acceptable 
application. If the Governor does not accept this offer within 15 days 
after being notified, the Department may:
    1. Designate another organization; or
    2. Reopen the service delivery area for competitive bidding; or
    3. Allocate the area's funds by formula to all other service areas; 
or
    4. Transfer the funds for that service area to national account 
activities.
Notification of Non-Selection
    Any applicant that is not selected as a potential grantee, or that 
has its grant application denied in whole or in part by the Department 
for receipt of funds, will be notified in writing by the Grant Officer 
and will be advised of all appeal rights.
Notification of Selection
    The following conditions are applicable to notification of 
selection:
    (a) Applicants selected as potential grantees will be notified in 
writing by the Grant Officer;
    (b) The notification will invite each potential grantee to 
negotiate the final terms and conditions of the grant as applicable, 
will establish a reasonable time and place for such negotiations, and 
will indicate the specific service delivery area and amount of funds to 
be allocated under the grant;
    (c) PY 99 funds will be awarded for the performance period July 1, 
1999 to June 30, 2000 and PY 2000 funds (subject to continued Federal 
appropriation) will be awarded without competition for the period July 
1, 2000 to June 30, 2001; and
    (d) Grantees will be selected for a two year period ending June 30, 
2001.
Annual Plan and Grant Agreement
    All applicants will be provided instructions for completion of the

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MSFW annual plan. This document must be completed by the selected 
applicants only and submitted for approval prior to the execution of 
the grant.

    Signed at Washington, D.C., this 29 day of March, 1999.
E. Fred Tello,
Grant Officer, Division of Federal Assistance.

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