[Federal Register: December 31, 2003 (Volume 68, Number 250)]
[Notices]
[Page 75643-75652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de03-148]
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DEPARTMENT OF LABOR
Employment and Training Administration
Workforce Investment Act--Indian and Native American Employment
and Training Programs; Solicitation for Grant Applications--Final
Grantee Designation Procedures for Program Years 2004 and 2005
Announcement Type: New. Notice of final designation procedures for
grantees.
Funding Opportunity Number: SGA/DFA-04-100.
Catalog of Federal Domestic Assistance (CFDA) Number: 17.265.
Key Dates: Deadline for Notice of Intent Part A--January 30, 2004.
I. Funding Opportunity Description
Section 166 of the Workforce Investment Act (WIA) authorizes
programs to serve the employment and training needs of Indians and
Native Americans through competitive award by the Department of Labor
(DOL) of two-year grants, contracts, or cooperative agreements with
Indian tribes, tribal organizations, Alaska Native entities, Indian-
controlled organizations serving Indians, or Native Hawaiian
organizations. See section 166, Public Law 105-220 as amended, codified
at 29 U.S.C. 2911. Special employment and training services for Indian
and Native American people were previously provided under the Job
Training Partnership Act (JTPA) Section 401 and its predecessor,
Section 302 of the Comprehensive Employment and Training Act (CETA).
DOL has issued two previous rounds of WIA section 166 awards--for
Program Years (PY) 2000-2001 and 2002-2003.
In anticipation of Congressional reauthorization of WIA, this
Solicitation for Grant Applications (SGA) contains the procedures by
which DOL will select and designate service providers for PY 2004 and
2005 (July 1, 2004 to June 30, 2006) to operate Indian and Native
American Employment and Training Programs under WIA section 166 within
specified ``service areas.'' Grantees must ensure that all eligible
population members have equitable access to employment and training
services within the service area. Requirements for these programs are
set forth in WIA section 166 and its regulations, found at 20 CFR part
668, published at 65 FR 49294, 49435 (August 11, 2000). The specific
eligibility and application requirements for designation are set forth
at 20 CFR part 668, subpart B, which is attached to this SGA as Exhibit
A.
Under the statutory and regulatory requirements, DOL will select
entities for section 166 funding for a two-year period. Designated
service providers will be funded annually during the designation
period, contingent upon all other grant award requirements being met,
Congress' reauthorization of WIA, any new or modified terms of WIA
reauthorization, and the continuing availability of Federal funds.
All applicants for designation as a section 166 service provider
for PY 2004 and 2005 must submit a Notice of Intent Part A in
accordance with this SGA if they wish to receive or continue to receive
WIA funds. DOL has determined that no waivers of competition under WIA
section 166(c)(2) will be available for the current two-year
designation cycle because such waivers were allowed in the last
designation cycle for PY 2002 and 2003. Existing grantees and potential
eligible providers participating in Public Law 102-477 Demonstration
Projects, which allow Federally recognized tribes to consolidate
formula-funded employment, training, and related dollars under a single
service plan administered by the Bureau of Indian Affairs, also must
submit an application in accordance with this SGA.
This SGA provides the information that all applicants need to
submit requests for WIA section 166 designation. A ``responsibility
review'' will be conducted of all applications as part of the
designation process, in accordance with 20 CFR 667.170, 668.220, and
668.230, to ensure that applicants are capable of properly handling and
accounting for Federal funds. Entities new to this process should be
aware that being designated as a section 166 service provider according
to this SGA will not automatically result in a grant award. Entities
that successfully complete the designation process, including winning
any competition(s) for service area(s) that may occur as defined in
this SGA, must prepare a two-year Comprehensive Services Plan that must
be approved by DOL. Instructions for preparation of the Comprehensive
Services Plan will be issued to all designated service providers in
accordance with 20 CFR part 668, subpart G.
Potential applicants should be aware that Comprehensive Services
Plans for PY 2004 and 2005 will be required to include an agreement to
maintain records adequate to evaluate the grantee's annual performance
against the ``Common Measures'' from the U.S. Office of Management and
Budget (OMB) for evaluating all Federally funded employment and
training programs. See Employment and Training Administration (ETA)
Training and Employment Notice No. 8-02 (March 27, 2003) (available at
http://ows.doleta.gov/dmstree/ten/ten2k2/ten_08-02.htm). The
Comprehensive Services Plan also will be required to include estimates
of expected grantee performance against the OMB Common Measures. For
the Comprehensive Services (i.e., Indian ``adult'') employment and
training program, the Common Measures are as follows:
[sbull] Entered Employment
[sbull] Retention in Employment
[sbull] Earnings Increase
[sbull] Program Efficiency
For those entities serving reservation areas and qualifying for
Supplemental Youth Services funding, the ``youth'' Common Measures are
as follows:
[sbull] Placement in Employment or Education
[sbull] Attainment of a Degree or Certificate by Participants
[sbull] Literacy and Numeracy Gains (by Participants)
[sbull] Program Efficiency
After a section 166 designee's Comprehensive Services Plan is
approved by DOL, a grant agreement (``Notice of Obligation'' or NOO)
must be executed in accordance with 20 CFR 668.292. Each NOO will
reflect the amount of section 166 funds awarded as determined in
accordance with 20 CFR 668.296 and 668.440.
In preparing applications for designation, applicants should bear
in mind that the purpose of section 166 of WIA is ``to support
employment and training activities for Indian, Alaska Native, and
Native Hawaiian individuals in order--
[[Page 75644]]
``(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
``(B) to make such individuals more competitive in the workforce;
and
``(C) to promote the economic and social development of Indian,
Alaska Native, and Native Hawaiian communities in accordance with the
goals and values of such communities.'' Congress has also directed that
section 166 programs be administered consistent with the principles of
the Indian Self-Determination and Education Assistance Act, 25 U.S.C.
450, et seq., and the government-to-government relationship between the
Federal government and Indian tribal governments. WIA section
166(a)(2).
Note: Congress is now considering legislation to reauthorize
WIA; statutory changes may necessitate revision of the designation
or award procedures for PY 2004-2005. This SGA has been revised from
prior SGAs under WIA section 166 to comply with the new standard
format issued by OMB for Federal grant solicitations. See 68 FR
37370-79 (June 23, 2003). The ``General Designation Principles''
included in prior SGAs for this program have been omitted because we
have determined that inclusion of the actual regulatory text (see
Exhibit A attached) will be more useful to potential applicants.
II. Award Information
Type of assistance instrument: An initial two-year grant, which may
be extended for an additional two years under appropriate
circumstances.
As stated in Section I, no waivers of competition are available for
the PY 2004-2005 grant cycle. Therefore applications for new awards may
compete with applications from existing grantees or for supplementation
of existing projects. The amount of WIA Section 166 funds to be awarded
to designated Native American organizations will be determined under
the procedures set by 20 CFR 668.296, as well as by Sec. 668.440 for
youth funds. DOL will determine award amounts after designation of
service areas and service providers and once funding appropriations for
the grant period have been made by Congress.
Amount of funds to be awarded. Depending upon final appropriation
legislation, DOL anticipates awarding approximately $55 million for the
Comprehensive Services program and $15 million for Supplemental Youth
Services under this SGA.
Anticipated number of awards. Approximately 190 grantees will be
designated under this SGA.
Expected amounts of individual awards. Awards under the
Comprehensive Services program are anticipated to range from
approximately $20,000 to approximately $6.5 million. Awards for the
Supplemental Youth Services program are anticipated to range from
approximately $4,000 to approximately $2.5 million. Final award amounts
in each category will depend on Census data and the final PY 2004 and
PY 2005 appropriation levels.
Average amount of funding per award. For PY 2003, the average
Comprehensive Services grant amount was $295,647, and the average
Supplemental Youth Services grant amount was $102,170. We expect that
average funding for the PY 2004 awards will not differ significantly
from these amounts.
Anticipated start dates and periods of performance for new awards.
New and existing grantees will be expected to commence operations on
July 1, 2004. The initial performance period for all grantees will be
from July 1, 2004 to June 30, 2006.
III. Eligibility Information
1. Eligible Applicants
To be eligible for designation as a Section 166 grantee, an entity
must meet all eligibility requirements of WIA Section 166 and 20 CFR
668.200, as well as the application and designation requirements found
at 20 CFR part 668, subpart B (see Exhibit A attached). Potential
applicants are expected to thoroughly review and comply with the
statute and regulations.
Among other requirements, eligible entities must have a legal
status as a government, an agency of a government, a private non-profit
corporation (i.e., incorporated under IRS section 501(c)(3) or
501(c)(4)), or a consortium that satisfies the requirements of 20 CFR
668.200(a), (b), and (c)(6). Additionally, eligible entities must be:
[sbull] Indian tribes, tribal organizations, Alaska Native
entities, Indian-controlled organizations serving Indians, or Native
Hawaiian organizations;
[sbull] Consortia of eligible entities; or
[sbull] State-recognized tribal organizations serving individuals
who were eligible to participate under JTPA Section 401 as of August 6,
1998.
See WIA Sections 166(b), (c)(1), and (d)(2)(B); 20 CFR 668.200(c)
and (d). Community and faith-based organizations are eligible to apply
for Section 166 grants in accordance with WIA Section 166(c) and 20 CFR
668.200(c) and (d) if they are Native American- or Native Hawaiian-
controlled. Non-profit corporations organized under 501(c)(4) that
engage in lobbying activities are not eligible to receive Federal funds
and grants, as required by Section 18 of the Lobbying Disclosure Act of
1995, Public Law 104-65 (2 U.S.C. 1611).
Additional key requirements include the following: Applicants must
satisfy a responsibility review and demonstrate that they have the
ability to administer Federal funds. See 20 CFR 667.170, 668.200(a)(2),
668.220, and 668.230. Requested geographic service areas must comply
with eligibility restrictions based on the formula funding level
associated with population size. See 20 CFR 668.200(a)(3), 668.296(b),
and 668.440(a).
The statute and regulations also establish comparative priorities
for designation among eligible entities. A Federally recognized Indian
tribe, band, or group on its reservation (including former reservation
areas in Oklahoma), and Alaska Native entities defined in the Alaska
Native Claims Settlement Act (ANCSA) (or consortia that include a tribe
or an ANCSA entity) will receive the highest priority over any other
organization for designation as the service provider for the area over
which the entity has legal jurisdiction, provided that the entity has
the capability to administer the program and also meets all eligibility
and regulatory requirements. See 20 CFR 668.210(a). For areas not
covered by the highest priority, DOL will designate other eligible
organizations as service providers, which in some instances might be
Indian tribes, bands, or groups applying for off-reservation areas. DOL
will follow the regulatory procedures for consultation and
communication with Native American leaders in affected service areas.
See 20 CFR 668.210 and 668.280. New applicants (and incumbent grantees
seeking designation for areas in addition to those covered by existing
grants) are expected to clearly demonstrate a working knowledge of the
community that they plan to serve, including available resources,
resource utilization, and acceptance by the service population.
Applicants must submit a separate, complete Notice of Intent in
accordance with Section IV(2) for each non-contiguous geographic area
for which they seek designation. DOL is not required to adhere to the
geographical service area requested in a Notice of Intent, but may make
a section 166 designation for all of the area requested or, if
acceptable to the designee, a portion of the area requested or more
than the area requested.
Organizations with no prior grant history with the Department, or
about whom there are financial or grant management concerns, may be
[[Page 75645]]
conditionally designated pending an on-site review and/or a six-month
assessment of program progress. Failure to satisfy these conditions may
result in a withdrawal of designation.
As discussed in Section IV(2), applicants' Notice of Intent
submission must include documentation supporting their eligibility to
serve as a section 166 grantee, including documentation of their legal
status and ability to administer funds.
The following definitions and special designation situations will
be used by DOL in determining eligibility and designating section 166
service providers:
Indian or Native American-Controlled Organization. In accordance
with WIA section 166(c) and 20 CFR 668.200(c), an Indian or Native
American-controlled organization is defined as any organization with a
governing body, more than 50 percent of whose members are Indians or
Native Americans. Such an organization can be a tribal government,
Native Alaska, or Native Hawaiian entity, consortium, or public or
private non-profit agency. For the purpose of designation
determinations, the governing body must have decision-making authority
for the WIA section 166 program. It should be noted that, under WIA
section 166(d)(2)(B), individuals who were eligible to participate
under section 401 of JTPA on August 6, 1998, are or will be eligible to
participate under WIA. Organizations serving such individuals will be
considered ``Indian controlled'' for WIA section 166 purposes if they
meet the criteria of this section.
Service Area. Service Area is defined as the geographic area,
described as States, counties, or reservations, or parts or
combinations thereof, for which a section 166 designation is made. In
some cases, a service area also will be defined in terms of the
specific population to be served. The service area is identified by the
Grant Officer in the formal designation letter. Grantees must ensure
that all eligible population members have equitable access to
employment and training services within their designated service area.
See 20 CFR 668.650(a).
Service Areas for Alaska Native Entities. Through prior grant
competitions, DOL has established geographic service areas for Alaska
Native employment and training grantees based on the following: (a) The
boundaries of the regions defined in the Alaska Native Claims
Settlement Act (ANCSA); (b) the boundaries of major sub-regional areas
where the primary provider of human resource development-related
services is an Indian Reorganization Act (IRA)-recognized tribal
council; and (c) the boundaries of the one Federal reservation in
Alaska. These service areas may be modified as a result of the current
grant competition. Within these established or revised geographic
service areas, DOL will designate the primary Alaska Native-controlled
human resource development services provider or an entity formally
selected by that provider. In the past, these entities have been
regional non-profit corporations, IRA-recognized tribal councils, and
the tribal government of the Metlakatla Indian Community.
Service Areas for Oklahoma Indians. Through prior grant
competitions, DOL has established geographic service areas for Indian
employment and training programs in Oklahoma, which have generally been
countywide areas. These service areas may be modified as a result of
the current grant competition. In cases in which a significant portion
of the land area of an individual county lies within the traditional
jurisdiction(s) of more than one tribal government, the service area
has been subdivided to a certain extent on the basis of tribal
identification information contained in the most recent Federal
Decennial Census of Population. Wherever possible, arrangements
mutually satisfactory to grantees in adjoining or overlapping
geographic service areas will be honored by DOL. Where such mutually
satisfactory arrangements cannot be made, DOL will designate and assign
service areas to Native American grantees in a manner that is
consistent with WIA and that will preserve continuity of services and
prevent unnecessary fragmentation of the programs.
2. Cost Sharing or Matching
The section 166 program does not require grantees to share costs or
provide matching funds.
3. 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 section 166 grant. Additionally, entities that
have been convicted of violation of 18 U.S.C. 665 and/or 666, or that
are in default of any debt repayment agreement signed with the
Department or any Federal agency, are ineligible to receive an award
under this SGA, unless exceptional circumstances are demonstrated to
the satisfaction of DOL.
All recipients of services under section 166 must meet the
definition of Indian, Alaska Native, or Native Hawaiian found at WIA
section 166(b) and in the WIA regulations. See WIA section 166(d) and
20 CFR 668.300. In addition, priority of services must be given to
veterans and spouses of certain veterans, in accordance with the
provisions of the ``Jobs for Veterans Act,'' Public Law 107-288 (38
U.S.C. 4215), 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 Department of Labor. 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 veterans priority statute and its effect on current
employment training programs. DOL anticipates updating this guidance at
the time of WIA reauthorization and issuing individual guidance on each
affected employment training program.
IV. Application and Submission Information
1. Address To Request Application Package
This Solicitation for Grant Applications, together with the
attached excerpt of regulations (20 CFR part 668, subpart B), includes
all information needed to apply for designation as a section 166
service provider.
2. Content and Form of Application Submission
All applicants for designation as a section 166 service provider
for PY 2004 and 2005, except as noted in the next sentence, must submit
a signed original and two copies of a ``Notice of Intent--Part A''
containing the information listed below. Incumbent Federally recognized
tribes participating in the demonstration under Public Law 102-477
whose status has not changed need only submit: a cover letter stating
the program's status has not changed, and a completed SF-424,
``Application for Federal Assistance,'' both signed by an authorized
signatory official for the applicant. Note that a separate Notice of
Intent--Part A must be submitted for each non-contiguous geographic
service area.
Beginning October 1, 2003, all applicants for Federal grant and
funding opportunities are required to have a Dun and Bradstreet (DUNS)
number. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June 27,
2003). Applicants for section 166 designation must supply
[[Page 75646]]
their DUNS number in item 5 of the new SF-424 issued by OMB
(Rev. 9-2003). See Exhibit B. Where a consortium is formed to apply for
designation, the consortium must obtain a DUNS number. If award will be
made to the lead entity in the consortium, then the DUNS number for
that lead entity should be used. 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 the following Web site: http://www.dunandbradstreet.com
or call 1-866-705-5711. Requests for exemption
from the DUNS number requirement must be made to OMB.
In some circumstances, as defined in Section V(2), DOL may
determine based on review of the Part A submissions that further
competition is required for a particular geographic area. In these
instances, competing organizations will be notified and required to
provide the information in Part B within 15 days of receiving
notification from the Grant Officer of competition.
The Grant Officer may require additional or clarifying information
or action, including a site visit, before designating applicants and/or
before determining whether to conduct competitive procurement for a
particular geographic service area. In addition, applicants may be
required to address actions taken to correct deficiencies identified by
the Department, including specific time frames for completion.
A. Notice of Intent--Part A Requirements
Each application must include a cover letter or other document (for
example, a tribal resolution), signed by an authorized signatory
official, that provides the information listed below or indicates that
it accompanies the application.
(i) A completed SF-424, ``Application for Federal Assistance,''
signed by the authorized signatory official. See Exhibit B.
(ii) Identification of the applicant's legal status, including
copies of articles of incorporation for non-profit corporations or
consortium agreement, if not already on file with DOL's Division of
Indian and Native American Programs (DINAP).
(iii) A specific description of the geographic territory being
applied for by State(s), counties, reservation(s), or subparts or
combinations thereof, and/or by service population.
(iv) A very brief summary of the employment and training or human
resource development program(s) serving Native Americans that the
entity currently operates or has operated within the previous two-year
period. The summary should identify the funding source, contact person,
and phone number for the program(s).
(v) A brief description of the planning process used by the entity,
including involvement of the governing body and local employers.
(vi) Evidence to establish an entity's ability to administer funds
under 20 CFR 668.220, and 668.230, which should at a minimum include:
(a) A statement that the organization is in compliance with the
Department's debt management procedures; and
(b) A statement that fraud or criminal activity has not been found
in the organization, or a brief description of the circumstance where
fraud or criminal activity has been found and a description of
resolution, corrective action and current status; and
(c) A narrative demonstrating that an entity has or can acquire the
necessary program and management personnel to safeguard Federal funds
and effectively deliver program services that support the purposes of
the Workforce Investment Act; and
(d) If not otherwise provided, a narrative demonstrating that an
entity has successfully carried out or has the ability to successfully
carry out activities that will strengthen the ability of the
individuals served to obtain or retain unsubsidized employment,
including the past two-year history of publicly funded grants/contracts
administered including identification of the fund source and a contact
person.
(vii) The assurances required by 29 CFR 37.20.
B. Notice of Intent--Part B Requirements
If the Grant Officer determines that there is competition for all
or part of a given service area, as discussed in Section V(2) below,
the Grant Officer will notify competing applicants and require
submission of the following ``Part B'' information:
(i) Evidence that the entity represents the community proposed for
services such as: Demonstration of support from Native American-
controlled organizations, State agencies, or other entities with
specific knowledge of the applicant's operational capability. Federally
recognized tribes and Hawaiian and Alaska Native entities need not
submit evidence of support regarding their own reservations or areas of
legal jurisdiction. However, such entities are required to provide this
evidence for any area that they wish to serve beyond their reservation
boundaries, Congressionally mandated area, or Federally established
service areas.
(ii) Submission of a service plan and other information expanding
on the information required at Part A that the applicant feels can
strengthen its case, including information on any unresolved or
outstanding administrative problems.
An applicant whose initial Notice of Intent submission contained
all Part B information will not need to supplement. Exclusive of
charts, graphs, or letters of support, the additional Part B
information submitted in a situation involving competition should not
exceed 75 pages of double-spaced, unreduced type.
3. Submission Dates and Times
Notices of Intent (NOIs) that comply with the requirements of this
solicitation and that satisfy all Part A requirements must be received
in the Department by 1 p.m. on January 30, 2004. NOIs not received by
the deadline will be accepted up to 15 calendar days after the deadline
only with an official, U.S. Postal Service postmark indicating timely
submission. Dates stamped by private express delivery service or by
metered mail are unacceptable as proof of submission. All applicants
are advised that U.S. mail delivery in the Washington, DC area is still
erratic due to continuing concerns involving possible anthrax
contamination. All applicants must take this into consideration when
preparing to meet the application deadline, as applicants assume the
risk for ensuring a timely submission; that is, if because of these
mail problems, the Department does not receive an application or
receives it too late to give it proper consideration, even if it was
timely mailed, the Department will not consider the application.
Submission addresses and acceptable means of delivery are addressed
in Section IV(6) below.
4. Intergovernmental Review
This funding opportunity is not subject to Executive Order (EO)
12372, ``Intergovernmental Review of Federal Programs.''
5. Funding Restrictions
Potential applicants should review 20 CFR part 668, subpart H
regarding administrative requirements for WIA section 166 grants. Rules
relating to allowable costs are addressed in 20 CFR 667.200 through
667.220. Under 20 CFR 667.210(b), limits on administrative costs will
be negotiated with the grantee and identified in the grant award
[[Page 75647]]
document. While there are no specific limits on indirect costs, the
amount of indirect cost charged to the grant is subject to the overall
limitation on administrative costs as negotiated in the grant
agreement. Construction (as opposed to maintenance and/or repair) costs
are generally not allowed under WIA. Certain pre-award costs may be
allowable with specific approval of the Grant Officer in accordance
with OMB Circular A-87 or A-122.
6. Other Submission Requirements
Means of Delivery: Notices of Intent may be submitted by U.S. mail,
overnight delivery, hand delivery, or e-mail in accordance with the
instructions below. Please note that faxed applications will not be
accepted.
Addresses: Send a signed original and two copies of the Notice of
Intent--Part A (and any later submissions) to Ms. Athena Brown, Acting
Chief, Division of Indian and Native American Programs, Room S-5206 FPB
ATTN: MIS Desk, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
Submission of Notice of Intent Via E-Mail: Due to the erratic mail
delivery in the Washington, DC area, applicants have the option of
submitting Notices of Intent via e-mail to cesario.laura@dol.gov. Due
to the high volume of applications, the return receipt option
(instructions below) must be utilized to verify e-mail transmission of
the application. Should the applicant choose to e-mail the Notice of
Intent, the applicant must send via overnight mail: the signature sheet
with an original signature; a copy of the applicant's e-mail; and a
copy of the e-mail verification of transmission. Notices of Intent sent
by e-mail will be accepted in Microsoft WORD or WordPerfect only.
Instructions for Obtaining E-Mail Return Receipt: While in the e-
mail and before sending, click on ``file,'' go to ``properties, return
notification,'' and finally click on options for ``Delivery receipt
requested,'' ``Read receipt requested,'' or similar options that will
send the e-mail author an automatic e-mail when the e-mail is either
delivered to DOL or opened by DOL. You should print and retain a copy
of your e-mail receipt and send a copy of the receipt to DOL per the
previous paragraph.
For Further Information Contact: We recommend that you confirm
DOL's receipt of your submission by contacting Ms. Andrea T.B. Brown,
U.S. Department of Labor, Division of Indian and Native American
Programs, telephone number (202) 693-3736 (this is not a toll-free
number).
V. Application Review Information
1. Application Evaluation Criteria
The factors listed below will be considered in evaluating
applicants' approach to providing services and their ability to produce
the best outcomes for the individuals residing in the service area.
------------------------------------------------------------------------
Maximum
Factors allowable
points
------------------------------------------------------------------------
A. (i) Previous experience or demonstrated capabilities in 30
successfully operating an employment and training program
established for and serving Indians and Native Americans..
(ii) Previous experience in operating or coordinating with 10
other human resources development programs serving Indians
and Native Americans......................................
(iii) Approach to providing services, including 10
identification of the training and employment problems and
needs in the requested area, and approach to addressing
such needs................................................
B. Demonstration of the ability to maintain continuity of 10
services to Indian or Native American participants
consistent with those previously provided in the
community.................................................
C. (i) Description of the entity's planning process and 5
demonstration of involvement with the INA community.......
(ii) Demonstration of involvement with local employers 5
within the service area, and with local Workforce
Investment Boards and Youth Councils, etc.................
D. Demonstration of coordination and linkages with Indian 15
and non-Indian employment and training resources within
the community, including, but not limited to, community
and/or faith-based organizations, and One-Stop systems (as
applicable), to eliminate duplication of effort...........
E. Demonstration of support and recognition by the Native 15
American community and service population, including local
tribes and adjacent Indian organizations and the client
population to be served...................................
------------
Total.................................................. 100
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2. Review and Selection Process
This section identifies the overall review process and the
procedures that DOL will use when a competitive grantee designation
process is appropriate.
Overall Review Process. DOL's Division of Indian and Native
American Programs (DINAP), with the concurrence of the Grant Officer,
will conduct an initial review of all submissions for section 166
designation for compliance with the statute, regulations, and this SGA.
The initial review will consider, among other things, timeliness and
completeness of submission, applicant eligibility, eligibility of the
requested service area and population, and application of the WIA
regulations at 20 CFR 668.210 regarding priority designation for Native
American, Alaskan, and Hawaiian organizations. The review will include
compliance with financial responsibility criteria, in accordance with
20 CFR 668.220 and 668.230, to ensure that applicants are capable of
properly handling and accounting for Federal funds.
Organizations with no prior grant history with the Department, or
about whom there are financial or grant management concerns, may be
conditionally designated pending an on-site review and/or a six-month
assessment of program progress. Failure to satisfy such conditions may
result in a withdrawal of designation.
The Grant Officer is not required to adhere to the geographical
service area requested in a Notice of Intent. The Grant Officer may
make the designation applicable to all of the area requested or, if
acceptable to the applicant, a portion of the area requested or more
than the area requested.
Competitive Selection Procedures. If two or more eligible entities
apply to provide section 166 services in the same geographic area and
no applicant is entitled to priority designation under 20 CFR 668.210,
then a competitive selection will be made following the procedures in
this section. When competitive selection is necessary, DINAP will
notify each applicant of the competing Notices of Intent no later than
45 days after publication of this
[[Page 75648]]
SGA in the Federal Register, and invite the competing applicants to
submit the supplemental ``Part B'' Notice of Intent and any additional
information that the applicant determines is appropriate. To be
considered, the Part B information and any additional information must
be received by the Chief of DINAP or be postmarked no later than 15
days after the applicant is notified of the competition.
Where competitive evaluation is required, the Grant Officer will
use a formal panel review process to score the information submitted
with the complete Notice of Intent (Part A and B), using the criteria
listed in Section V(1). The review panel will include individuals with
knowledge of or expertise in programs dealing with Indians and Native
Americans. The purpose of the panel is to review and evaluate an
organization's potential, based on its application (including the
supplemental information required in Part B), to provide services to a
specific Native American community, to rate the proposals in accordance
with the rating criteria described in Section V(1), and to make
recommendations to the Grant Officer. The panel will be provided the
information described in the Notice of Intent.
It is DOL's policy that no information affecting the panel review
process will be solicited or accepted after the deadlines for receipt
of applications set in this SGA. All submitted information must be in
writing. This policy does not preclude the Grant Officer from
requesting additional information independent of the panel review
process.
During the review, the panel will not give weight to undocumented
assertions. Any information must be supported by adequate and
verifiable documentation, e.g., supporting references must contain the
name of the contact person, an address, and telephone number. Panel
ratings and recommendations are advisory to the Grant Officer.
Determination of Designation. The Grant Officer will make the final
determination of section 166 designees and of the geographic service
area for which each designation is made. In accordance with 20 CFR
668.250(b)(4), the Grant Officer will select the entity that
demonstrates the ability to produce the best outcomes for its
customers, based on all available evidence. In addition to considering
the review panel's rating in those instances in which a panel is
convened, the Grant Officer will consider input from DINAP, other
offices within the Employment and Training Administration, and the DOL
Office of the Inspector General, and any other available information
regarding applicants' financial capability, operational capability, and
responsibility. The Grant Officer need not designate an entity for
every geographic area. See 20 CFR 668.294. If there are services areas
for which no entity submitted a complete Notice of Intent or for which
no entity achieved a score of at least 70, the Grant Officer may either
designate no service provider or may designate an entity based on
demonstrated capability to provide the best services to the client
population. DOL reserves the right to select applicants with scores
lower than 70 or lower than competing applications if such selection
would, in DOL's judgment, result in the most effective and appropriate
combination of services to the client population, funding, and costs.
An applicant for section 166 designation that is refused such
designation, in whole or in part, will be afforded the opportunity to
appeal non-designation as provided at 20 CFR 668.270.
3. Anticipated Announcement and Award Dates
If at all possible, designation decisions will be made by March 1,
2004.
VI. Award Administration Information
1. Award Notices
The Grant Officer, Ms. Laura Cesario, will notify section 166
applicants of designation results as follows:
Designation Letter. The designation letter signed by the Grant
Officer will serve as official notice of an organization's designation.
The designation letter will include the geographic service area for
which the designation is made.
Conditional Designation Letter. Conditional designations will
include identification of the geographic service area, the nature of
the conditions, actions required for the designee to achieve full
designation status, and the time frame in which such actions must be
accomplished.
Non-Designation Letter. Any organization not designated, in whole
or in part, for a requested geographic service area will be notified
formally of the non-designation and given the basic reasons for the
determination.
Notification by a person or entity other than the grant officer
that an organization has been designated is not valid.
2. Administrative and National Policy Requirements
Grantees must comply with the provisions of WIA and its
regulations, including those parts focused specifically on programs for
Indians and Native Americans. As referenced in Section IV(2), Notices
of Intent must provide assurances of compliance with nondiscrimination
and equal opportunity laws, as listed in 29 CFR 37.20. Additionally,
all grants will be subject to the following administrative standards
and provisions, if applicable to the particular grantee:
[sbull] 20 CFR part 667--Administrative provisions under Title I of
WIA
[sbull] 29 CFR parts 30, 31, 32, 33 and 36--Equal Employment
Opportunity in Apprenticeship and Training; Nondiscrimination in
Federally Assisted Programs of the Department of Labor--Effectuation of
Title VI of the Civil Rights Act of 1964; Nondiscrimination on the
Basis of Handicap in Programs or Activities Conducted by the Department
of Labor; and Nondiscrimination on the Basis of Sex in Education
Programs Receiving or Benefiting from Federal Financial Assistance
[sbull] 29 CFR part 37--Implementation of the Nondiscrimination and
Equal Opportunity Provisions of the Workforce Investment Act of 1998
(WIA)
[sbull] 29 CFR part 93--Lobbying
[sbull] 29 CFR part 95--Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations, and with Commercial Organizations
[sbull] 29 CFR part 96--Federal Standards for Audit of Federally
Funded Grants, Contracts, and Agreements
[sbull] 29 CFR part 97--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments
[sbull] 29 CFR part 98--Governmentwide Debarment and Suspension
(Non-Procurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)
[sbull] 29 CFR part 99--Audit of States, Local Governments, and
Non-Profit Organizations
In accordance with WIA Section 195(6) and 20 CFR 668.630(f),
programs funded under this SGA may not involve political activities.
Additionally, in accordance with Section 18 of the Lobbying Disclosure
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities
incorporated under 501(c)(4) that engage in lobbying activities are not
eligible to receive Federal funds and
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grants. Further, this program is subject to the provisions of the
``Jobs for Veterans Act,'' Public Law 107-288, 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 Department of
Labor. 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 veterans priority statute
and its effect on current employment training programs. DOL anticipates
updating this guidance at the time of WIA reauthorization and issuing
individual guidance on each affected employment training program.
3. Reporting
Section 166 grantees will be required to submit reports on
financial expenditures, program participation, and participant outcomes
on no more than a quarterly basis. Grantees are encouraged to file
reports electronically, but they may also be submitted in paper form.
As reflected in Section I, reporting requirements will be modified for
PY 2004-2005 to incorporate OMB Common Measures and will include
evaluation of the Grantee's annual performance against those Common
Measures. Current reporting requirements for section 166 grants are
found at 20 CFR part 668, subpart F.
VII. Agency Contacts
Programmatic questions regarding this SGA can be directed to: Mr.
Greg Gross, Division of Indian and Native American Programs, Room S-
5206 FPB ATTN: MIS Desk, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; e-mail: gross.gregory@dol.gov; 202-
693-3752; FAX: 202-693-3818.
Grant and administrative questions can be directed to: Ms. Serena
Boyd, Grants Management Specialist; e-mail: boyd.serena@dol.gov; 202-
693-3338; FAX: 202-693-2879.
VIII. Other Information
Potential applicants may obtain further information on the WIA
section 166 program for employment and training of Native Americans
through the website for DOL's Division of Indian and Native American
Programs: http://wdsc.doleta.gov/dinap/. Any information submitted in
response to this SGA will be subject to the provisions of the Privacy
Act and the Freedom of Information Act, as appropriate. The Department
of Labor is not obligated to make any awards as a result of this SGA,
and only the Grant Officer can bind the Department to the provision of
funds under WIA section 166. Unless specifically provided in the grant
agreement, DOL's acceptance of a proposal and/or award of Federal funds
do not waive any grant requirements and/or procedures.
Signed at Washington, DC, this 22nd day of December, 2003.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
Exhibit A \1\
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\1\ Exhibit A is available on the DINAP Web site at http://wdsc.doleta.gov/dinap/
.
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[FR Doc. 03-32126 Filed 12-30-03; 8:45 am]
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