Strengthening Labor Systems in Central America; Establishing Worker Rights Centers, 995-1010 [E6-22454]
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices
[FR Doc. E6–22456 Filed 1–8–07; 8:45 am]
BILLING CODE 4510–28–C
DEPARTMENT OF LABOR
Office of the Secretary
Strengthening Labor Systems in
Central America; Establishing Worker
Rights Centers
Bureau of International Labor
Affairs, Department of Labor.
AGENCY:
Announcement Type: New. Notice of
Availability of Funds and Solicitation for
Cooperative Agreement Applications.
Funding Opportunity Number: SGA XX–XX.
Catalog of Federal Domestic Assistance
(CFDA) Number: Not applicable.
Key Dates: The closing date for receipt of
applications is February 23, 2007.
Applications must be received by 4:45 p.m.
(Eastern Time) at the address below.
Application forms will not
be mailed. They are published as part of
this Federal Register notice and in the
Federal Register, which may be
obtained from your nearest U.S.
Government office or public library or
online at https://www.archives.gov/
federal_register/.
Applications must be delivered to: U.S.
Department of Labor, Procurement
Services Center, 200 Constitution
Avenue, NW., Room N–5416, Attention:
Lisa Harvey, Reference: SGA XX–XX,
Washington, DC 20210.
EXECUTIVE SUMMARY: This notice
contains all of the necessary information
and forms needed to apply for grant
funding. The U.S. Department of Labor
(USDOL), Bureau of International Labor
Affairs (ILAB), announces the
availability of funds to be granted by
cooperative agreement to one or more
qualifying organizations. USDOL will
award up to U.S. $4.5 million through
one or more grants to an organization or
organizations to improve labor law
compliance in the Central American
region (Costa Rica, El Salvador,
Guatemala, Honduras, and Nicaragua)
and the Dominican Republic by
strengthening the capacity of local
organizations to provide advice to
workers about the scope and
applicability of relevant labor laws, and
when necessary, provide legal services
explaining the procedural and
documentation requirements to exercise
those rights. Proposals must be regional
in scope and respond to the entire
Statement of Work as contained in
Section III, but applicants will not be
penalized for lacking previous
experience with regional projects. For
example, organizations with experience
in only one country will be judged
based on the success they achieved in
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that country and their proposal for how
they plan to work successfully
throughout the rest of the targeted
region. Partnerships and Associations
between more than one organization are
also eligible and encouraged, in
particular with qualified, regionallybased organizations in order to build
local capacity, although in such a case
a lead organization must be identified.
The award of any subaward will be
subject to USDOL policies and approval
(see Section IV).
I. Funding Opportunity Description
The U.S. Department of Labor
(USDOL), Bureau of International Labor
Affairs (ILAB), announces the
availability of funds to be awarded by
Cooperative Agreement (hereinafter
referred to as ‘‘grant’’ or ‘‘Cooperative
Agreement’’) to one or more qualifying
organizations to improve labor law
compliance in the Central American
region (Costa Rica, El Salvador,
Guatemala, Honduras, and Nicaragua)
and the Dominican Republic by
strengthening the capacity of local
organizations to provide advice to
workers about the scope and
applicability of relevant labor laws, and
when necessary, provide legal services
explaining the procedural and
documentation requirements to exercise
those rights. ILAB is authorized to
award and administer this program by
the Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2006, Pub. L. 109–
102, 119 Stat. 2172 (2005). Cooperative
Agreements awarded under this
initiative will be managed by ILAB’s
Office of Trade and Labor Affairs. The
duration of the projects funded by this
solicitation is four years. The start date
of program activities will be negotiated
upon award of the Cooperative
Agreement.
Statement of Work
USDOL is seeking qualified
organizations that will implement, in
partnership with USDOL, a regional
project in Central America (Costa Rica,
El Salvador, Guatemala, Honduras, and
Nicaragua) and the Dominican Republic
to improve labor law compliance in
these countries by strengthening the
capacity of local organizations to
provide advice to workers about the
scope and applicability of relevant labor
laws, and when necessary, provide legal
services explaining the procedural and
documentation requirements to exercise
those rights.
Applicants should submit proposals
that are regional in scope and
demonstrate the organization’s
capabilities to implement a project in
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accordance with the Statement of Work
and the selection criteria. Proposals
must provide for activities in all
countries, and begin the first year at a
minimum in El Salvador and Nicaragua.
Applicants will not be penalized for
lacking previous experience working on
regional projects. For example,
organizations with experience in only
one country will be judged based on the
success they achieved in that country
and their proposal for working
successfully throughout the rest of the
targeted region. USDOL encourages
applicants to be creative in proposing
innovative and cost-effective
interventions that will produce a
demonstrable and sustainable impact.
Funds will be provided by grant to
qualifying organizations. The grant will
be actively managed by USDOL/ILAB to
assure achievement of the stated project
objectives. The award of any subcontract will be subject to USDOL
policies and approval (see Section IV).
Note: Selection of an organization as a
grantee does not constitute approval of the
grant application as submitted. Before the
actual grant is awarded, USDOL may enter
into negotiations about such items as
program components, funding levels, and
administrative systems in place to support
grant implementation. If the negotiations do
not result in an acceptable submission, the
Grant Officer reserves the right to terminate
the negotiation and decline to fund the
application.
A. Background and Problem Statement
The Central American Free Trade
Agreement (CAFTA–DR) between the
United States and five Central American
countries (Costa Rica, El Salvador,
Guatemala, Honduras and Nicaragua)
and the Dominican Republic obligates
each country to effectively enforce its
labor laws. The countries also reaffirm
their obligations as members of the
International Labor Organization (ILO)
and their commitments under the ILO
Declaration on Fundamental Principles
and Rights at Work and its Follow-Up
(1998).
In the Department of State’s FY 2006
budget, Congress provided funding for
labor and environmental capacity
building activities in support of
CAFTA–DR. A portion of these funds
were transferred to the Department of
Labor to administer projects related to
labor capacity building in CAFTA–DR
countries.
This project provides assistance to
improve the effective enforcement of
national labor laws by strengthening the
capacity of local organizations to
provide advice to workers about the
scope and applicability of relevant labor
laws, and when necessary, provide legal
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services explaining the procedural and
documentation requirements to exercise
those rights. The project will work with
local organizations to provide assistance
to workers with these claims. These
organizations will, as much as possible,
consult with the Ministries of Labor to
ensure correct understanding of the
application of the laws, promote
information sharing, and build a
strategic partnership.
This strategy addresses the concerns
that are identified in the April 2005
‘‘White Paper’’ of the Working Group of
the Vice Ministers Responsible for
Trade and Labor in the countries of
Central America and the Dominican
Republic. The White Paper—titled The
Labor Dimension in Central America
and the Dominican Republic—Building
on Progress: Strengthening Compliance
and Enhancing Capacity—contains
recommendations to strengthen labor
law compliance and improve the
capacity of labor-related institutions in
key areas.
The White Paper provided a regional
recommendation to ‘‘enhance or
establish offices where necessary of
special advocates for worker rights who
can further assist workers and
employers on effective compliance with
labor laws.’’ It also highlighted the
budgetary constraints faced by all of the
Labor Ministries. This effort will help
alleviate the burden on the Ministries by
building sustainable alliances with key
partners, freeing Ministry resources for
more efficient use. The White Paper also
highlighted the need for increasing
public awareness about legal rights and
responsibilities, and how to assert those
rights. Current efforts are directed at
general awareness raising; this project
will provide specific guidance to
workers on exercising those rights.
Central American workers surveyed
in December 2004 by the Costa Rican
firm Demoscopia S.A., as part of the
U.S. DOL funded Cumple y Gana
project, demonstrated that although
some workers are aware of some of their
rights generally, they may not
understand their precise application. In
Nicaragua, people may know about the
right to form a union, however, 68.6%
thought that all workers in a workplace
had to agree before one could be formed.
In El Salvador, workers may have been
familiar with some of their rights, but
75.4% believed only a written contract
guarantees those rights. Further, while
97.7% of those surveyed in Guatemala
correctly understood that a pregnant
woman has the right to a paid leave
before giving birth, a full 86.2.%
believed a woman could not be fired
during her pregnancy. These types of
misperceptions of rights lead to un-
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actionable claims being presented to the
Ministry of Labor or create unrealistic
expectations about the role of
government.
Additionally, workers often do not
understand the procedural and
documentation requirements associated
with filing a complaint and
consequently do not adequately prepare
required information prior to accessing
the services of the Ministry of Labor. For
example, Relacentro, a project funded
by the U.S. DOL and implemented by
the ILO, conducted diagnostics of the
mediation and conciliation process in
various Central American countries. In
one country, workers who arrived at a
certain office of the Ministry of Labor
were required to bring a photocopy of
their ID card, the ID itself was not
sufficient. If they did not have a copy,
the Ministry at the time of the
diagnostic did not have a copier
available to copy it for them. In
addition, if workers were fired in
written form, they needed to bring the
written termination with them. If they
were fired verbally, they needed to have
a Labor Inspector visit the workplace to
verify the termination.
Workers who do not fully understand
the requirements and processes are
unable to properly exercise their rights
and this results in an ineffective use of
limited Ministry of Labor resources.
This project builds on the significant
work being done to raise workers’
awareness about their rights, and takes
it to the next level by assisting workers
to exercise those rights effectively.
C. Objectives
B. Target Population
Applicants are responsible for
developing a strategy for successfully
achieving the above-stated objectives
and addressing the problem(s) identified
in the Background and Problem
Statement (Section I.A.), developing and
implementing the major tasks and
activities to be accomplished as part of
that strategy, tracking and reporting on
progress in achieving the stated
objectives, and providing any necessary
services. The project strategy(s) must
consider the diverse needs and
environment of each country.
In order to ensure achievement of the
project objectives and respect the most
efficient use of the Labor Ministries’
time, the Grantee(s) will first coordinate
with the USG and other projects
beginning in the region to avoid any
duplication of efforts and ensure input
from Labor Ministries on project
designs. In addition, the project must
meet with key local stakeholders to
further develop the project strategy and
Work plan. This strategy must be
• Workers with questions or concerns
about their labor rights.
• Target organizations in urban
centers that can build and sustain their
capacity to assist workers who have
questions or concerns about their labor
rights.
Labor Ministries will benefit due to
the decrease in time spent with workers
who have insufficient documentation/
information for a claim or a claim that
is not within the purview of the
Ministry of Labor.
Grantee(s) and/or subawardees are
expected to work with the Labor
Ministries as much as possible to share
information on a regular basis, receive
legal information from the Ministries,
and share data on workers’ main
concerns. The project hopes to promote
a productive strategic alliance between
the local organizations and the Labor
Ministries, each entity helping the other
to better fulfill its role.
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The Grantee(s) must implement, in
partnership with USDOL, a project
whose overarching objective is to
improve labor law compliance in
Central America (Costa Rica, El
Salvador, Guatemala, Honduras,
Nicaragua) and the Dominican Republic
by strengthening the capacity of local
organizations to provide advice to
workers about the scope and
applicability of relevant labor laws, and
when necessary, provide legal services
explaining the procedural and
documentation requirements to exercise
those rights.
D. Relationship to USDOL Program
Strategy
By helping to improve labor law
compliance in Central America and the
Dominican Republic, the proposed
project supports achievement of
USDOL’s Government Performance and
Results Act (GPRA) goal (2k), ‘‘promote
internationally recognized workers
rights and labor standards, including
those related to the elimination of
exploitive child labor, in the global
community.’’ Activities with regard to
the elimination of child labor are being
funded separately through USDOL’s
Office of Child Labor, Forced Labor, and
Trafficking. Grantees are not expected to
develop strategies specific to child
labor; however, they are expected to
coordinate with USDOL’s child labor
projects, where applicable.
E. Type of Work To Be Performed/
Activities
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implemented with local stakeholder
guidance.
The project is required to utilize
existing training and public awareness
materials produced by other USG
funded projects, such as Cumple y
Gana. USDOL will consider the
production of new materials if the
Grantee(s) can demonstrate that the
existing materials are not sufficient or
appropriate for the activity being carried
out.
An outline of illustrative activities
includes:
i. Year One
• Hire staff and establish office
capacity to implement and oversee the
project in each country.
• Meet with relevant stakeholders in
target communities and further define
the project strategy and Work plan.
• Develop curriculum to train
organizations on the scope and
applicability of labor laws and
regulations, legal requirements to
substantiate claims, how to best provide
service to workers, etc.
• While developing curriculum,
coordinate with the Ministry of Labor to
ensure materials accurately reflect laws
and regulations. If possible, form a
working group or otherwise institute
regular meetings with local organization
and appropriate Ministry of Labor staff.
• Design outreach campaign to make
workers aware of organization’s
informational and legal services.
• Develop data tracking device for use
by local organizations to track services
provided, concerns raised, etc.
• Train local organization staff on
labor laws and services to be provided
to workers.
ii. Year Two
• Train local organization staff on
laws and services.
• Implement outreach campaign to
make workers aware of organization’s
services.
• Provide advice on labor issues and
where relevant, legal services to
workers.
• Collect information regarding types
of complaints, most common errors/
problems with complaints.
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iii. Year Three
• Provide advice on labor issues and
where relevant, legal services to
workers.
• Collect information regarding types
of complaints, most common errors/
problems with complaints.
• Design outreach campaign, based
on first 18 months of receiving workers’
concerns, to inform workers regarding
their most common concerns and
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correct the most common errors and/or
misperceptions regarding their labor
rights and how they are enforced.
• Begin awareness campaign to target
these issues/errors.
• Replicate training on how to
prepare claims and advise workers from
a second round of local organizations.
iv. Year Four
• Conduct outreach campaign to
inform workers about most common
errors/problems in order to avoid errors,
clarify misperceptions.
• Monitor impact of outreach
campaign on the changes in workers’
most common concerns, errors and
misperceptions regarding their labor
rights.
• Second round organizations
provide services.
• Develop best practices and share on
national and regional level.
As much as possible, throughout the
life of the project, the Grantee will share
information with the Ministry of Labor
and ensure accurate message delivery.
In addition, wherever possible, the
Grantee will share information with the
Ministries of Labor about the USDOL
Partnerships for Compliance Assistance
Program (PCAP), through which partner
organizations agree to develop and
disseminate USDOL information about
compliance and resources, as well as
provide informational seminars and
workshops on compliance. The
nonprofit, third-party membership
organizations that participate in PCAP
help USDOL educate business owners
and workers about available compliance
assistance tools and resources.
F. Expected Outcomes/Project Outputs
• Workers better able to exercise their
rights.
• Less time lost with workers arriving
unprepared at Ministries of Labor with
insufficient documentation or
justification for their claims.
• Local capacity and partner
relationships developed with Ministry
of Labor to facilitate access to Labor
Ministry enforcement processes.
• Backlog diminished for intake
personnel at Ministries of Labor
G. Conditions Precedent
Applicants are requested to indicate
in their technical proposal the proposed
organizations with which they will
work to implement their strategy, and to
describe the merits of these
organizations, and their relationship
with the different stakeholders.
Subaward agreements entered into after
the Cooperative Agreement is signed,
and not proposed in the application,
must be awarded through a formal
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competitive bidding process, unless
prior written approval is obtained from
USDOL.
II. Award Information
Type of Assistance instrument:
Cooperative Agreement. USDOL’s
involvement in project implementation
and oversight is outlined in Section
VI.3. The duration of the project(s)
funded by this solicitation is up to four
(4) years. The start date of program
activities will be negotiated upon
awarding of the Cooperative Agreement,
but will be no later than September 30,
2007.
Up to U.S. $4.5 million will be
awarded under this solicitation. USDOL
may award more than one Cooperative
Agreement to one, several, or a
partnership or Association (see Section
III) of more than one organization(s) that
may apply to implement the program. A
Grantee must obtain prior USDOL
approval for any subawardee not
proposed in the application. See Section
IV (E) (3) for further information on
subawards.
III. Eligibility Information
A. Eligible Applicants
Any commercial, international,
educational, or non-profit
organization(s), including any faithbased, community-based, or public
international organization(s) with
experience effectively implementing
projects in the relevant technical field(s)
and working with foreign national
government ministries, regional and
local government entities, employers
and employer organizations, workers
and labor organizations, and nongovernmental and community-based
organizations is eligible for this grant(s).
Neutral, non-religious criteria that
neither favor nor disfavor religion will
be employed in the selection of
Cooperative Agreement recipients.
Applications from foreign government
and quasi-government agencies will not
be considered. An applicant must
demonstrate a country presence,
independently or through a relationship
with another organization(s) with
country presence, which gives it the
ability to initiate program activities
upon award of the Cooperative
Agreement. See Section V (Institutional
Qualifications/Past Performance).
If it is deemed the most effective and
efficient strategy for achieving the goals
outlined in the Scope of Work, USDOL
may award one or more Cooperative
Agreements to a partnership of more
than one organizations. If two or more
applicants, who do not constitute a
single legal entity (hereinafter referred
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to as ‘‘Associations’’), join in applying
for an award, each member of the
Association (hereinafter referred to as an
‘‘Associate’’) must be individually
eligible for an award. All references to
‘‘the Applicant’’ refer to Associations as
well as individual applicants. All
Associates must sign, and agree to be
bound jointly and severally by, the
awarded Cooperative Agreement, and
all must designate one Associate as the
‘‘Lead.’’ Any such Association must
submit to USDOL, as an attachment to
the application, an Association
agreement, reflecting an appropriate
joint venture, partnership, or other
contractual agreement and outlining the
deliverables, activities, and
corresponding timeline for which each
Associate will be responsible. Copies of
such agreements will not count toward
the page limit.
If any entity identified in the
application as an Associate does not
sign the Cooperative Agreement, the
Lead must provide, within 60 days of
award, either a written subaward
agreement with such entity, acceptable
to USDOL, or an explanation as to why
that entity will not be participating in
the Cooperative Agreement. USDOL
reserves the right to re-evaluate the
award of the Cooperative Agreement in
light of any such change in an entity’s
status, and may terminate the award if
USDOL deems appropriate.
For the purposes of this proposal and
the Cooperative Agreement award, the
Lead will be: (1) the primary point of
contact with USDOL to receive and
respond to all inquiries,
communications and orders under the
project; (2) the only entity with
authority to withdraw or draw down
funds through the HHS system; (3)
responsible for submitting to USDOL all
deliverables, including all technical and
financial reports related to the project,
regardless of which Associate performed
the work; (4) the sole entity to request
or agree to a revision or amendment of
the award or the project document; and
(5) responsible for working with USDOL
to close out the project. Note, however,
that each Associate is ultimately
responsible for overall project
performance, regardless of any
assignment of specific tasks, but
Associates may agree, among
themselves only, to apportion the
liability for such performance. Each
Associate must comply with all
applicable federal regulations, and is
individually subject to audit.
In accordance with 29 CFR Part 98,
entities that are debarred or suspended
from receiving Federal contracts or
grants shall be excluded from Federal
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financial assistance and are ineligible to
receive funding under this solicitation.
B. Cost Sharing or Matching Funds
This solicitation does not require
applicants to share costs or provide
matching funds. However, the
leveraging of resources and in-kind
contributions is strongly encouraged
and is a rating factor worth up to five
(5) additional points see Section V
(Leveraging of Grants Funds).
C. Dun and Bradstreet Number
The organizational unit section of
Block 8 of the SF–424 must contain the
Dun and Bradstreet Number (DUNS) of
the applicant. Beginning October 1,
2003, all applicants for Federal grant
funding opportunities are required to
include a DUNS number with their
application. See OMB Notice of Final
Policy Issuance, 68 FR 38402 (June 27,
2003). Applicants’ DUNS number is to
be entered into Block 8 of SF–424. The
DUNS number is a nine-digit
identification number that uniquely
identifies business entities. There is no
charge for obtaining a DUNS number.
To obtain a DUNS number call 1–866–
705–5711 or access the following Web
site:https://www.dunandbradstreet.com/.
Requests for exemption from the
DUNS number requirement must be
made to the Office of Management and
Budget. If no DUNS number is provided
without such an exemption then the
grant application will be considered
non-responsive.
After receiving a DUNS number, all
grant applications must also register as
a vendor with the Central Contractor
Registration (CCR) through the
following Web site: http:www.ccr.gov or
by phone at 1–888–227–2423. CCR
registration should become active
within 24 hours of completion. If grant
applicants have questions regarding
registration, please contact the CCR
Assistance Center at 1–888–227–2423.
After registration, grant applicants will
receive a confirmation number. The
Grantee listed as the Point of Contact
will receive a Trader Partnership
Identification Number (TPIN) via mail.
The TPIN is, and should remain, a
confidential password.
IV. Application and Submission
Information
A. Application Package
This solicitation contains all of the
necessary information and forms needed
to apply for Cooperative Agreement
funding. This solicitation is published
as part of this Federal Register notice.
Additional copies of the Federal
Register may be obtained from your
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nearest U.S. Government office or
public library or online at https://
www.archives.gov/federal_register/
index.html.
B. Content and Form of Application
Submission
Applicants must submit one (1) blue
ink-signed original, complete
application in English plus two (2)
copies of the application to the U.S.
Department of Labor, Procurement
Services Center, 200 Constitution
Avenue, NW., Room N–5416,
Washington, DC 20210, no later than
4:45 p.m. Eastern Time on the
established due date. To aid with review
of applications, applicants may elect to
submit three (3) additional paper copies
of the application (five total).
Applicants who do not provide
additional copies will not be penalized.
The application must consist of two
(2) separate parts. Part I of the
application must contain the Standard
Form (SF) 424, ‘‘Application for Federal
Assistance’’ and sections A–F of the
Budget Information Form SF 424A (see
Appendix A). These forms are also
available at https://www.whitehouse.gov/
omb/grants. Part II must contain a
technical proposal that demonstrates
capabilities in accordance with the
Statement of Work (Section III) and the
selection criteria (Section V). The
application should include the name,
address, telephone and fax numbers,
and e-mail address (if applicable) of a
key contact person at the applicant’s
organization in case questions should
arise.
To be considered responsive to this
solicitation, the application must
consist of the above-mentioned separate
sections, with Part II not to exceed 45
single-sided (81⁄2″ × 11″ or A4), doublespaced, 12-point font, typed pages.
Major sections and sub-sections of the
application should be divided and
clearly identified (e.g., with tab
dividers), and all pages must be
numbered. Applicants are required to
propose that a project address the
project objectives identified in the
Statement of Work in Section I. Any
applications that do not conform to
these standards may be deemed nonresponsive to this solicitation and may
not be evaluated. The application must
include a table of contents and an
abstract summarizing the application in
not more than two (2) pages. Standard
´
´
forms, attachments, resumes, exhibits,
letters of support, and the abstract are
not counted towards the page limit. If an
applicant exceeds the stated page limit,
the review panel has the discretion to
deduct 10 points.
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Upon completion of negotiations, the
individual signing the SF 424 on behalf
of the applicant must be authorized to
bind the applicant.
C. Submission Dates, Times, and
Address
The grant application package must
be received at the designated place 45
days after publication, or it will not be
considered. Applications sent by e-mail,
telegram, or facsimile (FAX) will not be
accepted. Applications sent by other
delivery services, such as Federal
Express, UPS, etc., will be accepted; the
applicant, however, bears the
responsibility for timely submission.
Applications that do not meet the
conditions set forth in this notice will
not be honored. No exceptions to the
mailing, delivery, and hand-delivery
conditions set forth in this notice will
be granted.
Any application received at the Office
of Procurement Services after 4:45 pm
Eastern Time after 45 days of
publication will not be considered
unless it is received before the award is
made and:
• It was sent by registered or certified
mail no later than the fifth calendar day
before the closing date; or
• It was sent by U.S. Postal Service
Express Mail/Next Day Service from the
post office to the addressee no later than
5 p.m. at the place of mailing two (2)
working days (excluding weekends and
Federal holidays), prior to the closing
date; or
• It is determined by the USG that the
late receipt was due solely to
mishandling by the USG after receipt at
the USDOL at the address indicated.
The only acceptable evidence to
establish the date of mailing of a late
application sent by registered or
certified mail is the U.S. Postal Service
postmark on the envelope or wrapper
and on the original receipt from the U.S.
Postal Service. If the postmark is not
legible, an application received after the
above closing time and date shall be
processed as if mailed late. ‘‘Postmark’’
means a printed, stamped, or otherwise
placed impression (not a postage meter
machine impression) that is readily
identifiable without further action as
having been applied and affixed by an
employee of the U.S. Postal Service on
the date of mailing. Therefore,
applicants should request that the postal
clerk 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 U.S. Postal Service
Express Mail/Next Day Service from the
post office to the addressee is the date
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entered by the Post Office receiving
clerk on the ‘‘Express Mail/ Next Day
Service—Post Office to Addressee’’ label
and the postmark on the envelope or
wrapper on the original receipt from the
U.S. Postal Service. ‘‘Postmark’’ has the
same meaning as defined above.
Therefore, applicants should request
that the postal clerk 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 time of receipt at the
USDOL is the date/time stamp of the
Procurement Service Center on the
application wrapper or other
documentary evidence or receipt
maintained by that office.
All applicants are advised that U.S.
mail delivery in the Washington DC area
has been slow and erratic due to
concerns involving anthrax
contamination. Applicants must take
this into consideration when preparing
to meet the application deadline. It is
recommended that you confirm receipt
of your application with your delivery
service from Lisa Harvey (see Section
VII for contact information).
Applicants may also apply online at
www.grants.gov. Applicants submitting
proposals online are requested to refrain
from mailing a hard copy application as
well. It is strongly recommended that
applicants using www.grants.gov
immediately initiate and complete the
‘‘Get Started’’ registration steps at https://
www.grants.gov/GetStarted. These steps
may take multiple days to complete, and
this time should be factored into plans
for electronic submission in order to
avoid facing unexpected delays that
could result in the rejection of an
application. If submitting electronically
through www.grants.gov, applicants
must save the application document as
a .doc, .pdf, .txt or .xls file.
Any application received on
grants.gov after the deadline will be
considered as non-responsive and will
not be evaluated.
D. Intergovernmental Review
This funding opportunity is not
subject to Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs’’
E. Funding Restrictions, Unallowable
Activities, and Specific Prohibitions
In addition to those specified under
OMB Circular A–122, the following
costs and activities are also unallowable
or contain specific restrictions:
1. Pre-Award Costs
Pre-award costs are not reimbursable.
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999
2. Alternative Income-Generating
Activities
USDOL funds awarded under all
USDOL Cooperative Agreements may
not be used to provide micro-credits,
revolving funds, or loan guarantees.
Permissible costs related to alternative
income-generating activities for workers
may include, but are not limited to,
vocational or skills training, incidental
tools and equipment, guides, manuals,
and market feasibility studies. USDOL
reserves the right to negotiate the exact
nature, form, or scope of alternative
income-generating activities and to
approve or disapprove these activities at
any time after award of the Cooperative
Agreement.
3. Subawards to Organizations, Groups,
and/or Persons
Grantees may procure sub-contracts or
sub-grants with other organizations to
fulfill the purpose and activities of the
Cooperative Agreement award.
Subawards may be included as a budget
line item. Subawards must be awarded
in accordance with 29 CFR 95.40–48
and are subject to audit, in accordance
with the requirements of 29 CFR
95.26(d). Subawards awarded after the
Cooperative Agreement is signed, and
not proposed in the application, must be
awarded through a formal competitive
bidding process, unless prior written
approval is obtained from USDOL. In
addition, all subawards are subject to
the restrictions and prohibitions related
to prostitution, inherently religious
activities, and terrorism as outlined in
this section (6–8). Detailed information
on subawards should be provided
during the project document review
process. Copies of all subawards above
$100,000 must be provided to USDOL
prior to implementation of the contract.
4. Lobbying or Fund-Raising the U.S.
Government With Federal Funds
Under the Cooperative Agreements,
no activity, including awareness raising
and advocacy activities, may include
fund-raising, or lobbying of any
government entities (see OMB Circular
A–122). Cooperative Agreement
Applicants Classified Under The
Internal Revenue Code as A 501(c)(4)
ENTITY (see 26 U.S.C. 501(c)(4)), may
not engage in lobbying activities.
According to the Lobbying Disclosure
Act of 1995, as codified at 2 U.S.C.
1611, an organization, as described in
Section 501(c)(4) of the Internal
Revenue Code of 1986, that engages in
lobbying activities directed toward the
USG will not be eligible for the receipt
of Federal funds constituting an award,
grant, Cooperative Agreement, or loan.
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5. Funds To Host Country Governments
USDOL funds awarded under this
solicitation are not intended to
duplicate or substitute for host-country
government efforts or resources.
Therefore, in general, Grantees may not
provide any of the funds obligated
under the Cooperative Agreement to
foreign government entities, ministries,
officials, or political parties. However,
subcontracts with foreign government
agencies may be awarded to provide
direct services or undertake project
activities subject to applicable laws and
only after a competitive procurement
process has been conducted and no
other entity in the country is able to
provide these services. Grantees must
receive prior USDOL approval before
subcontracting to foreign government
agencies for the provision of direct
educational services.
6. Prostitution
The USG is opposed to prostitution
and related activities, which are
inherently harmful and dehumanizing,
and contribute to the phenomenon of
trafficking in persons. U.S. nongovernmental organizations, and their
subawardees, cannot use USG funds to
lobby for, promote or advocate the
legalization or regulation of prostitution
as a legitimate form of work. Foreign
non-governmental organizations, and
their subawardees, that receive USG
funds cannot lobby for, promote or
advocate the legalization or regulation
of prostitution as a legitimate form of
work; this includes organizations
receiving both general and traffickingrelated grants. It is the responsibility of
the Grantee(s) to ensure its subawardees
meet these criteria.
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7. Inherently Religious Activities
The USG is generally prohibited from
providing direct financial assistance for
inherently religious activities. Federal
funds provided under a USDOLawarded Cooperative Agreement may
not be used for religious instruction,
worship, prayer, proselytizing or other
inherently religious activities. Neutral,
non-religious criteria that neither favor
nor disfavor religion must be employed
by the Grantee in the selection of
subawardees. This provision must be
included in all subawards issued under
the Cooperative Agreement.
8. Terrorism
Applicants are reminded that U.S.
Executive Orders and U.S. law prohibit
transactions with, and the provision of
resources and support to, individuals
and organizations associated with
terrorism. It is the legal responsibility of
Grantees to ensure compliance with
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these Executive Orders and laws. This
provision must be included in all
subawards issued under the Cooperative
Agreement.
V. Application Review Information
USDOL will screen all applications to
determine whether all required
elements are present and clearly
identifiable, including the technical
proposal, cost proposal, recent audits,
partnership agreements where
applicable, the Curricula Vitae of key
personnel, and personnel agreements. A
Technical Panel will objectively rate
each complete application against the
criteria described in this announcement.
The panel recommendations to the
Grant Officer are advisory in nature. The
Grant Officer may elect to select one or
more Grantees on the basis of the initial
proposal submission, or the Grant
Officer may establish a competitive or
technically acceptable range for the
purpose of selecting qualified
applicants. If deemed appropriate,
following the Grant Officer’s call for the
preparation and receipt of final
revisions of proposals, the evaluation
process described above will be
repeated to consider such revisions. The
Grant Officer will make a final selection
determination based on what is most
advantageous to the USG, considering
factors such as panel findings based on
the criteria listed below and the best
value to the government, cost, and other
factors. The Grant Officer’s
determination for award under this
solicitation is final.
A. The Review Process
The criteria below will serve as the
basis upon which submitted
applications will be evaluated.
Technical aspects of the application will
constitute 100 points of the total
evaluation. Up to five (5) additional
points will be given for leveraging nonFederal resources.
In order to assist USDOL in assessing
the efficient and effective allocation of
project funding, the Applicant must
submit a project budget that clearly
details the costs for performing all of the
requirements presented in this
solicitation, including producing all
deliverables, reporting on
implementation and progress, and
monitoring progress. A sample budget is
included with the ProDoc in Section II.
The budget does not count against the
page limit. Applicants are reminded to
budget for compliance with the
administrative requirements set forth
(copies of all regulations referenced in
this solicitation are available at no cost,
on-line, at https://www.dol.gov). This
includes the costs of performing
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activities such as travel to Washington,
DC to meet with USDOL/ILAB, financial
audit, project closeout, project
evaluation, document preparation (e.g.,
progress reports, project document), and
ensuring compliance with procurement
and property standards. The Project
Budget must identify administrative
costs separately from programmatic
costs. In addition to the costs identified
previously, administrative costs include
indirect costs from the costs pool and
the cost of activities, materials (e.g.,
project car), and personnel (e.g.,
administrative assistants, office drivers)
that support the management and
administration of the project but do not
provide direct services to project
beneficiaries.
• Technical Approach—65 points
The extent to which the application
sets forth a clear and supportable course
of action to improve labor law
compliance in Central America (Costa
Rica, El Salvador, Guatemala, Honduras,
and Nicaragua) and the Dominican
Republic by strengthening the capacity
of local organizations to provide advice
to workers about the scope and
applicability of relevant labor laws, and
when necessary, provide legal services
explaining the procedural and
documentation requirements to exercise
those rights.
In developing the strategy, applicants
are expected to take into consideration
the following issues:
• The level of technical assistance
that Central American Ministries of
Labor have received in the past five (5)
years and continue to receive from
bilateral donors and international
organizations;
• The need to ensure that the project
strategy is consistent with any national
strategy to increase labor law
compliance.
• The need to sustain project
improvements, including retaining the
new knowledge and practices of projecttrained local staff.
• The need to engage local
stakeholders in the design and
implementation of the project strategy.
• The need for ongoing information
exchange with the Ministries of Labor.
Points
Applicants will be evaluated on the
clear identification and description of
the specific strategy(s) the applicant
proposes to use and the effectiveness
and attainability of project objectives by
the end of the grant period. Proposals
should include work plans that are
practical, manageable, and can achieve
project results. Applicants must include
an implementation plan that lists a
schedule of activities and list of
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deliverables that would be completed by
the Grantee each quarter. The strategy
must include a sustainability plan
outlining clearly how the project
activities will be sustained when the
project has been completed. (15 points)
Applicants must demonstrate
familiarity with the major issues related
to the components being addressed (e.g.,
labor laws, providing assistance to
workers, conducting training, building
networks, outreach and informational
campaigns), key problems and/or needs
in the relevant country/area, the specific
problem(s) and/or need(s) that will be
addressed by this project(s), and
relevant constraints. Applicants will be
evaluated on the thorough and accurate
assessment of the implementing
environment and the problems that exist
and clear identification of the specific
problem(s) the applicant proposes to
address. (10 points)
Applicants must provide a monitoring
and evaluation plan for measuring
project performance that includes
challenging but realistic targets and
measurable, verifiable project indicators
that measure achievement of project
objectives and performance in project
implementation. The plan should show
how the information and data will be
collected and what systems will be put
in place for self-assessment, monitoring,
and continuous improvement. (5 points)
Applicants must provide a
description of the proposed approach to
expending funds in the most costeffective method possible in order to
achieve the project objectives.
Applicants must submit an Outputsbased Budget, a sample of which is
provided in Annex 1. Applicants must
refer to the submitted budget in
explaining how the budgeted funds will
be utilized cost-effectively. In order to
assist USDOL in assessing the efficient
and effective allocation of project
funding, the applicant must submit, at
minimum, supporting budget
information indicating how the
applicant arrived at estimating the costs
of the following items/activities: salaries
and benefits for all key personnel; 2–3
key activities proposed by the applicant
under its project design; and meeting all
USDOL close-out requirements.
Applicants will be evaluated based on
the clear identification of all project
costs and efficient and effective
allocation of funding. The project
budget should clearly demonstrate that
the total amount and distribution of
funds is sufficient to cover the cost of
all major project activities identified by
the Applicant in its proposal,
management of the project, monitoring
and evaluation, and project close-out
and that the distribution of funds
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maximizes the provision of goods and/
or services to project beneficiaries.
Higher ratings may be given to
applicants with low administrative costs
and with a budget breakdown that
provides a larger amount of resources to
project activities. The Grant Officer
reserves the right to negotiate
administrative cost levels prior to
award. Indirect cost charges should be
based on allowable, allocable, and
reasonable costs based on the applicable
cost principles included in the OMB
Circular A–122 and Indirect Charges
Instructions included in Annex 2. This
section will be evaluated in accordance
with applicable Federal laws and
regulations. Applicants should submit
output-based budgets. A sample of an
output-based budget format is included
in Annex 1. The budget must comply
with Federal cost principles (which can
be found in the applicable OMB
Circulars) and with ILAB budget
requirements contained in the
application instructions in Section VI of
this solicitation. Applicants must also
be required to include an indirect cost
certification, the SF 424, SF 424A, and
the Equal Employment Opportunity
survey. (15 points)
Applicants must demonstrate the use
of existing expertise from the recipient
country in order to reduce costs and
further develop local capacity. The
proposal should identify organizations
to carry out the work in each country.
Local organizations will be rated on:
• Experience providing training and/
or services to workers.
• Experience working with Labor
Ministries, unions, and employer
associations.
• Experience working on labor issues
of the country.
• Ability to implement activities in a
timely fashion.
Applicants are requested to provide in
their technical proposal proposed
organizations and the merits of those
organizations, experience in the areas
outlined above, and their relationship
with the different stakeholders. (15
points)
Applicants are requested to submit a
schedule of quarterly deliverables that
will serve to determine the level of
performance of the contractor. The
identification of deliverables that are
presented in the proposal should be
objective, verifiable, and demonstrate
progress in achieving project objectives.
(5 points)
• Institutional Qualifications/Past
Performance—20 points
Applicants will be evaluated on their
prior experience of all organizations,
including both prime and sub-awardees,
in designing and implementing
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1001
activities in developing countries,
especially in Central America, related to
labor law compliance.
Applicants must include information
as an attachment (that will not count
towards the page limit) regarding
previous grants or contracts including:
(a) the organization for which the work
was done; (b) a contact person in that
organization with his/her current phone
number; (c) the dollar value of the grant
or contract for the project(s); (d) the time
frame and professional effort, either
directly by key personnel, by
consultants, or under contractual
arrangements involved in the project(s);
(e) a brief summary of the work
performed; and (f) a brief summary of
accomplishments. (10 points)
Applicants will be evaluated on their
demonstration of strong financial
management and internal control
systems. If the applicant is a U.S.-based,
non-profit organization already subject
to the single audit requirements, the
applicant’s most recent single audit, as
submitted to the Federal Audit
Clearinghouse, must accompany the
application as an attachment. In
addition, applications must show that
they have complied with report
submission timeframes established in
OMB Circular A–133. If an applicant is
not in compliance with the
requirements for completing their single
audit, the application will be considered
nonresponsive and will be rejected. If
the applicant is a for-profit or foreignbased organization, a copy of its most
current independent financial audit
must accompany the application as an
attachment. Applicants must also
submit a copy of the most recent single
audit report for all proposed U.S.-based,
non-profit partners, Associates and subawardees that are subject to the Single
Audit Act. If the proposed Associate(s)
or partner(s) is a for-profit or foreignbased organization, a copy of its most
current independent financial audit
should accompany the application as an
attachment. If the audit submitted by
the applicant reflects any adverse
opinions, the application will not be
further considered by the technical
review panel and will be rejected.
USDOL reserves the right to ask further
questions on any audit report submitted
as part of an application. USDOL also
reserves the right to place special
conditions on Grantees if concerns are
raised in their audit reports. In order to
expedite the screening of applications
and to ensure that the appropriate
audits are attached to the proposals, the
applicant must provide a cover sheet to
the audit attachments listing all
proposed partners and sub-awardees.
These attachments will not count
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toward the application page limit. (10
points)
• Experience of Personnel/
Management Plan—15 points
Applicants will be evaluated on their
inclusion of key personnel with prior
experience directly related to the
proposed work, including technical and
language qualifications, professional
competence, relevant academic
background, and demonstrated
experience. Applicants must submit a
´
´
resume for each key personnel
proposed, which includes the
individual’s current employment status
and previous work experience,
including position title, duties
performed, salary history, dates in
position, employing organizations, and
educational background. Duties must be
clearly defined in terms of role
performed (i.e., manager, team leader,
´
´
consultant). Resumes must be included
as attachments, which do not count
against the page limitation. Management
and professional technical staff
members comprising the applicant’s
proposed team must be individuals who
have prior experience with
organizations working in similar efforts,
and who are fully qualified to perform
the work specified in the Scope of
Work. (10 points)
Successful performance of the
proposed work depends heavily on the
management of the project. Accordingly,
in its evaluation of each application,
USDOL will place emphasis on the
applicant’s management approach
involved in accomplishing the assigned
tasks. This section of the application
must include sufficient information to
judge management and staffing plans.
Where subawards, or outside assistance
are proposed, organizational lines of
authority and responsibility should be
clearly delineated to ensure
responsiveness to the needs of USDOL.
(5 points)
• Leveraging of Grant Funding—5
points
USDOL will award up to five (5)
additional rating points to applications
that include non-Federal resources that
significantly expand the size and scope
of project-related activities. These
programs must not be financed by the
project, but can complement and
enhance project objectives. To be
eligible for the additional points, the
applicant must list the resource(s), the
nature, and possible activities
anticipated and any partnerships,
linkages, or coordination of activities,
cooperative funding, etc., including the
specific value of such contributions.
• Suggested Outline for Technical
Proposal
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This outline is provided as a
guideline. Organizations may elect a
format of their choosing, subject to the
requirements of this announcement.
i. Executive Summary
ii. Program Description
iii. Goal and Objectives
iv. Background
v. Technical Approach and
Implementation Timetable
(Proposed Intervention)
vi. Monitoring and Evaluation Plan
vii. Experience of Personnel
viii. Identification of Deliverables and
Quarterly Schedule of their
submission to determine contractor
performance
ix. Staffing Pattern and Project
Management Organizational Chart
x. Leveraging of non-Federal Resources
xi. Budget
xii. Attachments:
• Summaries of other relevant
organizational experiences
´
´
• Resumes of key personnel and
signed letters of commitment to the
project
• Audit reports
Successful proposals submitted in
response to this solicitation will be
incorporated into the text of the grant
with the selected applicant(s).
VI. Award Administration Information
1. Award Notices
The Grant Officer will notify
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 be accompanied
by a Cooperative Agreement and ILAB’s
Management Procedures and Guidelines
(MPG).
Non-Designation Letter: Any
organization not designated will be
notified formally of the non-designation
and given the basic reasons for the
determination. Notification of
designation by a person or entity other
than the Grant Officer is not valid.
2. Administrative and National Policy
Requirements
A. General
Grantees are subject to applicable U.S.
Federal laws (including provisions of
appropriations law) and regulations,
Executive Orders, applicable OMB
Circulars, and USDOL policies. If during
project implementation a Grantee is
found in violation of USG laws and
regulations, the terms of the Cooperative
Agreement awarded under this
solicitation may be modified by USDOL,
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costs may be disallowed and recovered,
the Cooperative Agreement may be
terminated, and USDOL may take other
action permitted by law. Determinations
of allowable costs will be made in
accordance with the applicable U.S.
Federal cost principles.
B. Audits
After award, Grantees must also
submit an annual independent audit
regardless of grant amount.
i. For U.S. based non-profit
organizations expending $500,000 or
more in a year in Federal awards: a
‘‘single’’ or ‘‘program specific’’ audit
conducted under the provisions of OMB
Circular A–133 is required.
ii. For all other organizations
(including foreign-based and private forprofit grantees): an audit conducted in
accordance with the U.S. Government
Accountability Office’s (GAO)
‘‘Government Auditing Standards’’ is
required. The audit must address the
following:
(a) Compliance with the Department’s
regulations and the provisions of the
Cooperative Agreement; and
(b) Reliability of the organization’s
financial and performance reports.
Costs for audits or attestation
engagements should be included in
direct or indirect costs, whichever is
appropriate.
Please Note: USDOL generally allows the
costs to be allocated based on the following
(applicable to U.S. based agencies only): (1)
A–133 ‘‘single audit’’ costs as part of the
indirect cost rate/pool for organizations with
more than one Federal source of funding.
Organizations with only one Federal source
could charge the A–133 single audit cost as
direct costs; (2) A–133 ‘‘compliance
supplement’’ costs—as direct costs for
Federal sources only through a cost
allocation methodology approved by the
Federal cognizant agency; or (3) A–133
program specific audits as direct costs. Any
deviations from the above must be explained
and justified in the application.
C. Administrative Standards and
Provisions
The Cooperative Agreements awarded
under this solicitation are subject to the
following administrative standards and
provisions, and any other applicable
standards that come into effect during
the term of the Cooperative Agreement,
if applicable to a particular Grantee:
i. 29 CFR Part 2 Subpart D—Equal
Treatment in Department of Labor
Programs for religious Organizations;
Protection of Religious Liberty of
Department of Labor Social Service
Providers and Beneficiaries.
ii. 29 CFR Part 31—
Nondiscrimination in Federally
Assisted Programs of the Department of
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Labor— Effectuation of Title VI of the
Civil Rights Act of 1964.
iii. 29 CFR Part 32—
Nondiscrimination on the Basis of
Handicap in Programs and Activities
Receiving or Benefiting from Federal
Financial Assistance.
iv. 29 CFR Part 33—Enforcement of
Nondiscrimination on the Basis of
Handicap in Programs or Activities
Conducted by the Department of Labor.
v. 29 CFR Part 35—Nondiscrimination
on the Basis of Age in Programs or
Activities Receiving Federal Financial
Assistance from the Department of
Labor.
vi. 29 CFR Part 36—Federal Standards
for Nondiscrimination on the Basis of
Sex in Education Programs or Activities
Receiving Federal Financial Assistance.
vii. 29 CFR Part 93—New Restrictions
on Lobbying.
viii. 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, Foreign
Governments, Organizations Under the
Jurisdiction of Foreign Governments
and International Organizations.
ix. 29 CFR Part 96—Federal Standards
for Audit of Federally Funded Grants,
Contracts and Agreements.
x. 29 CFR Part 98—Federal Standards
for Government-wide Debarment and
Suspension (Nonprocurement) and
Government-wide Requirements for
Drug-Free Workplace (Grants).
xi. 29 CFR Part 99—Federal Standards
for Audits of States, Local Governments,
and NonProfit Organizations.
Copies of all regulations referenced in
this solicitation are available at no cost,
on-line, at https://www.dol.gov.
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D. Key Personnel
As noted in Section V, the applicant
must list all key personnel candidates.
After the Cooperative Agreement has
been awarded and throughout the life of
the project, the Grantee agrees to inform
the Grant Officer’s Technical
Representative (GOTR) whenever it
appears impossible for key personnel to
continue work on the project as
planned. The Grantee must nominate,
through the submission of a formal
project revision, new personnel;
however, the Grantee must obtain
approval from the Grant Officer before
all changes to key personnel are
formalized. If the Grant Officer is unable
to approve the key personnel change,
she or he reserves the right to terminate
the Cooperative Agreement or disallow
costs.
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E. Encumbrance of Grant Funds
Grant funds may not be encumbered/
obligated by the Grantee(s) before or
after the period of performance.
Encumbrances/obligations outstanding
as of the end of the grant period may be
liquidated (paid out) after the end of the
grant period. Such encumbrances/
obligations may involve only
commitments for which a need existed
during the grant period and which are
supported by approved contracts,
purchase orders, requisitions, invoices,
bills, or other evidence of liability
consistent with the Grantee’s
purchasing procedures and incurred
within the grant period. All
encumbrances/ obligations incurred
during the grant period must be
liquidated within 90 days after the end
of the grant period, if practicable.
F. Acknowledgement on Printed
Materials
In all circumstances, the following
shall be displayed on printed materials:
Preparation of this item was funded by
the United States Department of Labor
under Grant No. [insert the appropriate
grant number]’’ In addition, the Grantee
is required to include a disclaimer in
publications and materials that have
been directly funded by USDOL as
follows: This (* * *) does not
necessarily reflect the views or policies
of the United States Department of
Labor, nor does the mention of trade
names, commercial products, or
organizations imply endorsement by the
United States Government. This
acknowledgement and disclaimer must
be included in documents (reports and
other materials) produced, edited and
published for distribution beyond the
Grantee and USDOL (i.e., to other
donors, organizations, or the general
public).
When issuing statements, press
releases, requests for proposals, bid
solicitations, and other documents
describing projects or programs funded
in whole or in part with Federal money,
all Grantees receiving Federal funds
must clearly state:
• The percentage of the total costs of
the program or project that will be
financed with Federal money;
• The dollar amount of Federal funds
for the project or program; and
• The percentage and dollar amount
of the total costs of the project or
program that will be financed by nongovernmental sources.
G. Use of the USDOL Logo
In consultation with ILAB, the
Grantee(s) will acknowledge USDOL’s
role in one of the following ways:
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• The USDOL logo may be applied to
USDOL-funded material prepared for
public distribution, including posters,
videos, pamphlets, research documents,
national survey results, impact
evaluations, best practice reports, and
other publications of public interest.
The Grantee(s) must consult with
USDOL on whether the logo may be
used on any such items prior to final
draft or final preparation for
distribution. In no event shall the
USDOL logo be placed on any item until
USDOL has given the Grantee written
permission to use the logo on the item.
• All documents should include the
following notice: ‘‘This document does
not necessarily reflect the views or
policies of the U.S. Department of
Labor, nor does mention of trade names,
commercial products, or organizations
imply endorsement by the U.S.
Government.’’
H. Privacy and Freedom of Information
Any information submitted in
response to this solicitation will be
subject to the provisions of the Privacy
Act and the Freedom of Information
Act, as appropriate.
I. Site Visits
USDOL, through its authorized
representatives, has the right, at all
reasonable times, to make site visits to
review project accomplishments and
management control systems and to
provide such technical assistance as
may be required. If USDOL makes any
site visit on the premises of the Grantee
or a subawardee(s) under this grant, the
Grantee must provide and must require
its subawardee(s) to provide all
reasonable facilities and assistance for
the safety and convenience of the
Government representatives in the
performance of their duties. All site
visits and evaluations will be performed
so as not to unduly delay the work.
3. Reporting and Deliverables
Guidance on USDOL procedures and
management requirements will be
provided to Grantees in the
Management Procedure Guidelines with
the Cooperative Agreement. Unless
otherwise indicated, a Grantee must
submit copies of all required reports and
deliverables to USDOL by the specified
due dates. Exact timeframes for the
completion of deliverables will be
addressed in the Cooperative Agreement
and the MPGs. Specific deliverables are
outlined below.
A. Required Deliverables
Following the award of the grant, the
Grantee(s) shall collaborate with
USDOL/ILAB to:
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• Develop a Project Document
(including a project budget) that will set
the technical parameters and provide
guidance to the project. It must include
all information and be prepared
according to the standardized format
outlined by USDOL. While the
applicant’s original proposal will serve
as the basis of the Project Document, in
every case USDOL has found it
advantageous to visit the field and reach
consensus on the project strategy with
host country counterparts in order to
further inform the project design.
USDOL may choose to participate on
these field visits. USDOL must receive
a draft of the Project Document 45 days
after returning from travel to the
relevant area(s). The Project Document
must be finalized no later than 30 days
after receipt of USDOL comments on the
draft.
• Establish a Work plan identifying
major project activities, deadlines for
their completion, and person(s)
responsible for completing these
activities (within 60 days after the
Project Document is finalized).
• Set project indicators, including
indicators that support ILAB’s GPRA
goal: ‘‘Improve living standards and
conditions of work for workers in
developing and transition countries.’’
(within 90 days of finalizing the Project
Document).
• Create a Performance Monitoring
Plan (PMP) to establish the data needed
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to measure achievement of project
indicators and the methods for
collection and reporting. It should
include all information and be prepared
according to the standardized format
outlined by USDOL (within 90 days of
finalizing the Project Document).
B. Required Reporting
• The Grantee(s) must submit
financial reports on a quarterly basis.
The first reporting period ends on the
last day of the fiscal quarter (December
31, March 31, June 30, or September 30)
during which the grant was signed. The
Grantee(s) must use Standard Form (SF)
269A, Financial Status Report, to report
the status of the funds, at the project
level, during the grant period. A final
SF269A must be submitted no later than
90 days following completion of the
grant period. If the Grantee(s) uses the
U.S. Department of Health and Human
Services Payment Management System
(HHS PMS), it shall also send USDOL
copies of the PSC 272 that it submits to
HHS, on the same schedule. Otherwise,
the Grantee(s) must submit Standard
Form (SF) 272, Federal Cash
Transactions Report, on the same
schedule as the SF269A. Financial
reports are due within 30 days of the
end of the reporting period (i.e., by
April 30, July 30, October 30, and
January 30).
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Technical Reporting Requirements
• After signing the agreement, the
Grantee(s) must submit progress reports
to USDOL/ILAB at the end of each fiscal
quarter. The first reporting period ends
on the last day of the fiscal quarter
(December 31, March 31, June 30, or
September 30) during which the Grant
was signed. Between reporting dates,
the Grantee(s) must also immediately
inform USDOL/ILAB of significant
developments and/or problems affecting
the organization’s ability to accomplish
work. The Grantee(s) must submit two
types of progress reports according to
the standardized format used by
USDOL/ILAB.
VII. Agency Contacts
All inquiries regarding this
solicitation should be directed to: Ms.
Lisa Harvey, U.S. Department of Labor,
Procurement Services Center, 200
Constitution Ave, NW., Room N–5416,
Washington DC 20210; telephone (202)
693–4570 (this is not a toll-free number)
or e-mail: harvey.lisa@dol.gov.
Successful proposals submitted in
response to this SGA will be
incorporated into the text of the grant
with the selected applicant(s).
Lisa Harvey,
Grant Officer.
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1010
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BILLING CODE 4510–28–C
DEPARTMENT OF LABOR
Office of the Secretary
Strengthening Career Civil Service
Systems of Labor Inspectorates in
Central America
Bureau of International Labor
Affairs, Department of Labor.
AGENCY:
Announcement Type: New. Notice of
Availability of Funds and Solicitation for
Cooperative Agreement Applications.
Funding Opportunity Number: SGA XX–XX.
Catalog of Federal Domestic Assistance
(CFDA) Number: Not applicable.
Key Dates: The closing date for receipt of
applications is February 23, 2007.
Applications must be received by 4:45 p.m.
(Eastern Time) at the address below.
Application forms will not
be mailed. They are published as part of
this Federal Register notice and in the
Federal Register, which may be
obtained from your nearest U.S.
Government office or public library or
online at https://www.archives.gov/
federal_register/.
Applications must be delivered to: U.S.
Department of Labor, Procurement
Services Center, 200 Constitution
Avenue, NW., Room N–5416, Attention:
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ADDRESSES:
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Lisa Harvey, Reference: SGA XX–XX,
Washington, DC 20210.
Executive Summary: This notice
contains all of the necessary information
and forms needed to apply for grant
funding. The U.S. Department of Labor
(USDOL), Bureau of International Labor
Affairs (ILAB), announces the
availability of funds to be granted by
cooperative agreement to one or more
qualifying organizations. USDOL will
award up to U.S. $990,000 through one
or more grants to a qualified
organization(s) that will promote and
support the strengthening of a career
civil service by establishing or
reforming systems and norms within the
Labor Ministry Inspectorates of the
beneficiary countries. Applicants
should submit proposals that
encompass El Salvador and one or two
of either Guatemala, Honduras, or
Nicaragua and that demonstrate the
organization’s capabilities to implement
a project in accordance with the
Statement of Work and the selection
criteria. Applicants will not be
penalized for lacking previous
experience working with multiple
country projects. For example,
organizations with experience in only
one country will be judged based on the
success they achieved in that country
and their proposal for working
successfully throughout the rest of the
targeted countries. USDOL encourages
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applicants to be creative in proposing
innovative and cost-effective
interventions that will produce a
demonstrable and sustainable impact.
The award of any sub-award will be
subject to USDOL policies and approval.
I. Funding Opportunity Description
The U.S. Department of Labor
(USDOL), Bureau of International Labor
Affairs (ILAB), announces the
availability of funds to be awarded by
Cooperative Agreement (hereinafter
referred to as ‘‘grant’’ or ‘‘Cooperative
Agreement’’) to one or more qualifying
organizations for the purpose of
promoting and supporting a career civil
service by establishing or reforming
systems and norms within the Labor
Ministry Inspectorates of the beneficiary
countries. ILAB is authorized to award
and administer this program by the
Foreign Operations, Export Financing
and Related Programs Appropriations
Act, 2006, Public Law 109–102, 119
Stat. 2172 (2005) and 22 U.S.C. 2392(a).
Cooperative Agreements awarded under
this initiative will be managed by
ILAB’s Office of Trade and Labor
Affairs. The duration of the projects
funded by this solicitation is four years.
The start date of program activities will
be negotiated upon award of the
Cooperative Agreement.
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[FR Doc. E6–22454 Filed 1–8–07; 8:45 am]
Agencies
[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Notices]
[Pages 995-1010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22454]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Strengthening Labor Systems in Central America; Establishing
Worker Rights Centers
AGENCY: Bureau of International Labor Affairs, Department of Labor.
Announcement Type: New. Notice of Availability of Funds and
Solicitation for Cooperative Agreement Applications.
Funding Opportunity Number: SGA XX-XX.
Catalog of Federal Domestic Assistance (CFDA) Number: Not
applicable.
Key Dates: The closing date for receipt of applications is February
23, 2007. Applications must be received by 4:45 p.m. (Eastern Time)
at the address below.
ADDRESSES: Application forms will not be mailed. They are published as
part of this Federal Register notice and in the Federal Register, which
may be obtained from your nearest U.S. Government office or public
library or online at https://www.archives.gov/federal_register/
index.html. Applications must be delivered to: U.S. Department
of Labor, Procurement Services Center, 200 Constitution Avenue, NW.,
Room N-5416, Attention: Lisa Harvey, Reference: SGA XX-XX, Washington,
DC 20210.
EXECUTIVE SUMMARY: This notice contains all of the necessary
information and forms needed to apply for grant funding. The U.S.
Department of Labor (USDOL), Bureau of International Labor Affairs
(ILAB), announces the availability of funds to be granted by
cooperative agreement to one or more qualifying organizations. USDOL
will award up to U.S. $4.5 million through one or more grants to an
organization or organizations to improve labor law compliance in the
Central American region (Costa Rica, El Salvador, Guatemala, Honduras,
and Nicaragua) and the Dominican Republic by strengthening the capacity
of local organizations to provide advice to workers about the scope and
applicability of relevant labor laws, and when necessary, provide legal
services explaining the procedural and documentation requirements to
exercise those rights. Proposals must be regional in scope and respond
to the entire Statement of Work as contained in Section III, but
applicants will not be penalized for lacking previous experience with
regional projects. For example, organizations with experience in only
one country will be judged based on the success they achieved in that
country and their proposal for how they plan to work successfully
throughout the rest of the targeted region. Partnerships and
Associations between more than one organization are also eligible and
encouraged, in particular with qualified, regionally-based
organizations in order to build local capacity, although in such a case
a lead organization must be identified. The award of any subaward will
be subject to USDOL policies and approval (see Section IV).
I. Funding Opportunity Description
The U.S. Department of Labor (USDOL), Bureau of International Labor
Affairs (ILAB), announces the availability of funds to be awarded by
Cooperative Agreement (hereinafter referred to as ``grant'' or
``Cooperative Agreement'') to one or more qualifying organizations to
improve labor law compliance in the Central American region (Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and the
Dominican Republic by strengthening the capacity of local organizations
to provide advice to workers about the scope and applicability of
relevant labor laws, and when necessary, provide legal services
explaining the procedural and documentation requirements to exercise
those rights. ILAB is authorized to award and administer this program
by the Foreign Operations, Export Financing and Related Programs
Appropriations Act, 2006, Pub. L. 109-102, 119 Stat. 2172 (2005).
Cooperative Agreements awarded under this initiative will be managed by
ILAB's Office of Trade and Labor Affairs. The duration of the projects
funded by this solicitation is four years. The start date of program
activities will be negotiated upon award of the Cooperative Agreement.
Statement of Work
USDOL is seeking qualified organizations that will implement, in
partnership with USDOL, a regional project in Central America (Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and the
Dominican Republic to improve labor law compliance in these countries
by strengthening the capacity of local organizations to provide advice
to workers about the scope and applicability of relevant labor laws,
and when necessary, provide legal services explaining the procedural
and documentation requirements to exercise those rights.
Applicants should submit proposals that are regional in scope and
demonstrate the organization's capabilities to implement a project in
accordance with the Statement of Work and the selection criteria.
Proposals must provide for activities in all countries, and begin the
first year at a minimum in El Salvador and Nicaragua. Applicants will
not be penalized for lacking previous experience working on regional
projects. For example, organizations with experience in only one
country will be judged based on the success they achieved in that
country and their proposal for working successfully throughout the rest
of the targeted region. USDOL encourages applicants to be creative in
proposing innovative and cost-effective interventions that will produce
a demonstrable and sustainable impact.
Funds will be provided by grant to qualifying organizations. The
grant will be actively managed by USDOL/ILAB to assure achievement of
the stated project objectives. The award of any sub-contract will be
subject to USDOL policies and approval (see Section IV).
Note: Selection of an organization as a grantee does not
constitute approval of the grant application as submitted. Before
the actual grant is awarded, USDOL may enter into negotiations about
such items as program components, funding levels, and administrative
systems in place to support grant implementation. If the
negotiations do not result in an acceptable submission, the Grant
Officer reserves the right to terminate the negotiation and decline
to fund the application.
A. Background and Problem Statement
The Central American Free Trade Agreement (CAFTA-DR) between the
United States and five Central American countries (Costa Rica, El
Salvador, Guatemala, Honduras and Nicaragua) and the Dominican Republic
obligates each country to effectively enforce its labor laws. The
countries also reaffirm their obligations as members of the
International Labor Organization (ILO) and their commitments under the
ILO Declaration on Fundamental Principles and Rights at Work and its
Follow-Up (1998).
In the Department of State's FY 2006 budget, Congress provided
funding for labor and environmental capacity building activities in
support of CAFTA-DR. A portion of these funds were transferred to the
Department of Labor to administer projects related to labor capacity
building in CAFTA-DR countries.
This project provides assistance to improve the effective
enforcement of national labor laws by strengthening the capacity of
local organizations to provide advice to workers about the scope and
applicability of relevant labor laws, and when necessary, provide legal
[[Page 996]]
services explaining the procedural and documentation requirements to
exercise those rights. The project will work with local organizations
to provide assistance to workers with these claims. These organizations
will, as much as possible, consult with the Ministries of Labor to
ensure correct understanding of the application of the laws, promote
information sharing, and build a strategic partnership.
This strategy addresses the concerns that are identified in the
April 2005 ``White Paper'' of the Working Group of the Vice Ministers
Responsible for Trade and Labor in the countries of Central America and
the Dominican Republic. The White Paper--titled The Labor Dimension in
Central America and the Dominican Republic--Building on Progress:
Strengthening Compliance and Enhancing Capacity--contains
recommendations to strengthen labor law compliance and improve the
capacity of labor-related institutions in key areas.
The White Paper provided a regional recommendation to ``enhance or
establish offices where necessary of special advocates for worker
rights who can further assist workers and employers on effective
compliance with labor laws.'' It also highlighted the budgetary
constraints faced by all of the Labor Ministries. This effort will help
alleviate the burden on the Ministries by building sustainable
alliances with key partners, freeing Ministry resources for more
efficient use. The White Paper also highlighted the need for increasing
public awareness about legal rights and responsibilities, and how to
assert those rights. Current efforts are directed at general awareness
raising; this project will provide specific guidance to workers on
exercising those rights.
Central American workers surveyed in December 2004 by the Costa
Rican firm Demoscopia S.A., as part of the U.S. DOL funded Cumple y
Gana project, demonstrated that although some workers are aware of some
of their rights generally, they may not understand their precise
application. In Nicaragua, people may know about the right to form a
union, however, 68.6% thought that all workers in a workplace had to
agree before one could be formed. In El Salvador, workers may have been
familiar with some of their rights, but 75.4% believed only a written
contract guarantees those rights. Further, while 97.7% of those
surveyed in Guatemala correctly understood that a pregnant woman has
the right to a paid leave before giving birth, a full 86.2.% believed a
woman could not be fired during her pregnancy. These types of
misperceptions of rights lead to un-actionable claims being presented
to the Ministry of Labor or create unrealistic expectations about the
role of government.
Additionally, workers often do not understand the procedural and
documentation requirements associated with filing a complaint and
consequently do not adequately prepare required information prior to
accessing the services of the Ministry of Labor. For example,
Relacentro, a project funded by the U.S. DOL and implemented by the
ILO, conducted diagnostics of the mediation and conciliation process in
various Central American countries. In one country, workers who arrived
at a certain office of the Ministry of Labor were required to bring a
photocopy of their ID card, the ID itself was not sufficient. If they
did not have a copy, the Ministry at the time of the diagnostic did not
have a copier available to copy it for them. In addition, if workers
were fired in written form, they needed to bring the written
termination with them. If they were fired verbally, they needed to have
a Labor Inspector visit the workplace to verify the termination.
Workers who do not fully understand the requirements and processes
are unable to properly exercise their rights and this results in an
ineffective use of limited Ministry of Labor resources. This project
builds on the significant work being done to raise workers' awareness
about their rights, and takes it to the next level by assisting workers
to exercise those rights effectively.
B. Target Population
Workers with questions or concerns about their labor
rights.
Target organizations in urban centers that can build and
sustain their capacity to assist workers who have questions or concerns
about their labor rights.
Labor Ministries will benefit due to the decrease in time spent
with workers who have insufficient documentation/information for a
claim or a claim that is not within the purview of the Ministry of
Labor.
Grantee(s) and/or subawardees are expected to work with the Labor
Ministries as much as possible to share information on a regular basis,
receive legal information from the Ministries, and share data on
workers' main concerns. The project hopes to promote a productive
strategic alliance between the local organizations and the Labor
Ministries, each entity helping the other to better fulfill its role.
C. Objectives
The Grantee(s) must implement, in partnership with USDOL, a project
whose overarching objective is to improve labor law compliance in
Central America (Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua) and the Dominican Republic by strengthening the capacity of
local organizations to provide advice to workers about the scope and
applicability of relevant labor laws, and when necessary, provide legal
services explaining the procedural and documentation requirements to
exercise those rights.
D. Relationship to USDOL Program Strategy
By helping to improve labor law compliance in Central America and
the Dominican Republic, the proposed project supports achievement of
USDOL's Government Performance and Results Act (GPRA) goal (2k),
``promote internationally recognized workers rights and labor
standards, including those related to the elimination of exploitive
child labor, in the global community.'' Activities with regard to the
elimination of child labor are being funded separately through USDOL's
Office of Child Labor, Forced Labor, and Trafficking. Grantees are not
expected to develop strategies specific to child labor; however, they
are expected to coordinate with USDOL's child labor projects, where
applicable.
E. Type of Work To Be Performed/Activities
Applicants are responsible for developing a strategy for
successfully achieving the above-stated objectives and addressing the
problem(s) identified in the Background and Problem Statement (Section
I.A.), developing and implementing the major tasks and activities to be
accomplished as part of that strategy, tracking and reporting on
progress in achieving the stated objectives, and providing any
necessary services. The project strategy(s) must consider the diverse
needs and environment of each country.
In order to ensure achievement of the project objectives and
respect the most efficient use of the Labor Ministries' time, the
Grantee(s) will first coordinate with the USG and other projects
beginning in the region to avoid any duplication of efforts and ensure
input from Labor Ministries on project designs. In addition, the
project must meet with key local stakeholders to further develop the
project strategy and Work plan. This strategy must be
[[Page 997]]
implemented with local stakeholder guidance.
The project is required to utilize existing training and public
awareness materials produced by other USG funded projects, such as
Cumple y Gana. USDOL will consider the production of new materials if
the Grantee(s) can demonstrate that the existing materials are not
sufficient or appropriate for the activity being carried out.
An outline of illustrative activities includes:
i. Year One
Hire staff and establish office capacity to implement and
oversee the project in each country.
Meet with relevant stakeholders in target communities and
further define the project strategy and Work plan.
Develop curriculum to train organizations on the scope and
applicability of labor laws and regulations, legal requirements to
substantiate claims, how to best provide service to workers, etc.
While developing curriculum, coordinate with the Ministry
of Labor to ensure materials accurately reflect laws and regulations.
If possible, form a working group or otherwise institute regular
meetings with local organization and appropriate Ministry of Labor
staff.
Design outreach campaign to make workers aware of
organization's informational and legal services.
Develop data tracking device for use by local
organizations to track services provided, concerns raised, etc.
Train local organization staff on labor laws and services
to be provided to workers.
ii. Year Two
Train local organization staff on laws and services.
Implement outreach campaign to make workers aware of
organization's services.
Provide advice on labor issues and where relevant, legal
services to workers.
Collect information regarding types of complaints, most
common errors/problems with complaints.
iii. Year Three
Provide advice on labor issues and where relevant, legal
services to workers.
Collect information regarding types of complaints, most
common errors/problems with complaints.
Design outreach campaign, based on first 18 months of
receiving workers' concerns, to inform workers regarding their most
common concerns and correct the most common errors and/or
misperceptions regarding their labor rights and how they are enforced.
Begin awareness campaign to target these issues/errors.
Replicate training on how to prepare claims and advise
workers from a second round of local organizations.
iv. Year Four
Conduct outreach campaign to inform workers about most
common errors/problems in order to avoid errors, clarify
misperceptions.
Monitor impact of outreach campaign on the changes in
workers' most common concerns, errors and misperceptions regarding
their labor rights.
Second round organizations provide services.
Develop best practices and share on national and regional
level.
As much as possible, throughout the life of the project, the
Grantee will share information with the Ministry of Labor and ensure
accurate message delivery. In addition, wherever possible, the Grantee
will share information with the Ministries of Labor about the USDOL
Partnerships for Compliance Assistance Program (PCAP), through which
partner organizations agree to develop and disseminate USDOL
information about compliance and resources, as well as provide
informational seminars and workshops on compliance. The nonprofit,
third-party membership organizations that participate in PCAP help
USDOL educate business owners and workers about available compliance
assistance tools and resources.
F. Expected Outcomes/Project Outputs
Workers better able to exercise their rights.
Less time lost with workers arriving unprepared at
Ministries of Labor with insufficient documentation or justification
for their claims.
Local capacity and partner relationships developed with
Ministry of Labor to facilitate access to Labor Ministry enforcement
processes.
Backlog diminished for intake personnel at Ministries of
Labor
G. Conditions Precedent
Applicants are requested to indicate in their technical proposal
the proposed organizations with which they will work to implement their
strategy, and to describe the merits of these organizations, and their
relationship with the different stakeholders. Subaward agreements
entered into after the Cooperative Agreement is signed, and not
proposed in the application, must be awarded through a formal
competitive bidding process, unless prior written approval is obtained
from USDOL.
II. Award Information
Type of Assistance instrument: Cooperative Agreement. USDOL's
involvement in project implementation and oversight is outlined in
Section VI.3. The duration of the project(s) funded by this
solicitation is up to four (4) years. The start date of program
activities will be negotiated upon awarding of the Cooperative
Agreement, but will be no later than September 30, 2007.
Up to U.S. $4.5 million will be awarded under this solicitation.
USDOL may award more than one Cooperative Agreement to one, several, or
a partnership or Association (see Section III) of more than one
organization(s) that may apply to implement the program. A Grantee must
obtain prior USDOL approval for any subawardee not proposed in the
application. See Section IV (E) (3) for further information on
subawards.
III. Eligibility Information
A. Eligible Applicants
Any commercial, international, educational, or non-profit
organization(s), including any faith-based, community-based, or public
international organization(s) with experience effectively implementing
projects in the relevant technical field(s) and working with foreign
national government ministries, regional and local government entities,
employers and employer organizations, workers and labor organizations,
and non-governmental and community-based organizations is eligible for
this grant(s). Neutral, non-religious criteria that neither favor nor
disfavor religion will be employed in the selection of Cooperative
Agreement recipients. Applications from foreign government and quasi-
government agencies will not be considered. An applicant must
demonstrate a country presence, independently or through a relationship
with another organization(s) with country presence, which gives it the
ability to initiate program activities upon award of the Cooperative
Agreement. See Section V (Institutional Qualifications/Past
Performance).
If it is deemed the most effective and efficient strategy for
achieving the goals outlined in the Scope of Work, USDOL may award one
or more Cooperative Agreements to a partnership of more than one
organizations. If two or more applicants, who do not constitute a
single legal entity (hereinafter referred
[[Page 998]]
to as ``Associations''), join in applying for an award, each member of
the Association (hereinafter referred to as an ``Associate'') must be
individually eligible for an award. All references to ``the Applicant''
refer to Associations as well as individual applicants. All Associates
must sign, and agree to be bound jointly and severally by, the awarded
Cooperative Agreement, and all must designate one Associate as the
``Lead.'' Any such Association must submit to USDOL, as an attachment
to the application, an Association agreement, reflecting an appropriate
joint venture, partnership, or other contractual agreement and
outlining the deliverables, activities, and corresponding timeline for
which each Associate will be responsible. Copies of such agreements
will not count toward the page limit.
If any entity identified in the application as an Associate does
not sign the Cooperative Agreement, the Lead must provide, within 60
days of award, either a written subaward agreement with such entity,
acceptable to USDOL, or an explanation as to why that entity will not
be participating in the Cooperative Agreement. USDOL reserves the right
to re-evaluate the award of the Cooperative Agreement in light of any
such change in an entity's status, and may terminate the award if USDOL
deems appropriate.
For the purposes of this proposal and the Cooperative Agreement
award, the Lead will be: (1) the primary point of contact with USDOL to
receive and respond to all inquiries, communications and orders under
the project; (2) the only entity with authority to withdraw or draw
down funds through the HHS system; (3) responsible for submitting to
USDOL all deliverables, including all technical and financial reports
related to the project, regardless of which Associate performed the
work; (4) the sole entity to request or agree to a revision or
amendment of the award or the project document; and (5) responsible for
working with USDOL to close out the project. Note, however, that each
Associate is ultimately responsible for overall project performance,
regardless of any assignment of specific tasks, but Associates may
agree, among themselves only, to apportion the liability for such
performance. Each Associate must comply with all applicable federal
regulations, and is individually subject to audit.
In accordance with 29 CFR Part 98, entities that are debarred or
suspended from receiving Federal contracts or grants shall be excluded
from Federal financial assistance and are ineligible to receive funding
under this solicitation.
B. Cost Sharing or Matching Funds
This solicitation does not require applicants to share costs or
provide matching funds. However, the leveraging of resources and in-
kind contributions is strongly encouraged and is a rating factor worth
up to five (5) additional points see Section V (Leveraging of Grants
Funds).
C. Dun and Bradstreet Number
The organizational unit section of Block 8 of the SF-424 must
contain the Dun and Bradstreet Number (DUNS) of the applicant.
Beginning October 1, 2003, all applicants for Federal grant funding
opportunities are required to include a DUNS number with their
application. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June
27, 2003). Applicants' DUNS number is to be entered into Block 8 of SF-
424. The DUNS number is a nine-digit identification number that
uniquely identifies business entities. There is no charge for obtaining
a DUNS number. To obtain a DUNS number call 1-866-705-5711 or access
the following Web site:https://www.dunandbradstreet.com/.
Requests for exemption from the DUNS number requirement must be
made to the Office of Management and Budget. If no DUNS number is
provided without such an exemption then the grant application will be
considered non-responsive.
After receiving a DUNS number, all grant applications must also
register as a vendor with the Central Contractor Registration (CCR)
through the following Web site: http:www.ccr.gov or by phone at 1-888-
227-2423. CCR registration should become active within 24 hours of
completion. If grant applicants have questions regarding registration,
please contact the CCR Assistance Center at 1-888-227-2423. After
registration, grant applicants will receive a confirmation number. The
Grantee listed as the Point of Contact will receive a Trader
Partnership Identification Number (TPIN) via mail. The TPIN is, and
should remain, a confidential password.
IV. Application and Submission Information
A. Application Package
This solicitation contains all of the necessary information and
forms needed to apply for Cooperative Agreement funding. This
solicitation is published as part of this Federal Register notice.
Additional copies of the Federal Register may be obtained from your
nearest U.S. Government office or public library or online at https://
www.archives.gov/federal_register/.
B. Content and Form of Application Submission
Applicants must submit one (1) blue ink-signed original, complete
application in English plus two (2) copies of the application to the
U.S. Department of Labor, Procurement Services Center, 200 Constitution
Avenue, NW., Room N-5416, Washington, DC 20210, no later than 4:45 p.m.
Eastern Time on the established due date. To aid with review of
applications, applicants may elect to submit three (3) additional paper
copies of the application (five total). Applicants who do not provide
additional copies will not be penalized.
The application must consist of two (2) separate parts. Part I of
the application must contain the Standard Form (SF) 424, ``Application
for Federal Assistance'' and sections A-F of the Budget Information
Form SF 424A (see Appendix A). These forms are also available at http:/
/www.whitehouse.gov/omb/grants. Part II must contain a technical
proposal that demonstrates capabilities in accordance with the
Statement of Work (Section III) and the selection criteria (Section V).
The application should include the name, address, telephone and fax
numbers, and e-mail address (if applicable) of a key contact person at
the applicant's organization in case questions should arise.
To be considered responsive to this solicitation, the application
must consist of the above-mentioned separate sections, with Part II not
to exceed 45 single-sided (8\1/2\'' x 11'' or A4), double-spaced, 12-
point font, typed pages. Major sections and sub-sections of the
application should be divided and clearly identified (e.g., with tab
dividers), and all pages must be numbered. Applicants are required to
propose that a project address the project objectives identified in the
Statement of Work in Section I. Any applications that do not conform to
these standards may be deemed non-responsive to this solicitation and
may not be evaluated. The application must include a table of contents
and an abstract summarizing the application in not more than two (2)
pages. Standard forms, attachments, resumes, exhibits, letters of
support, and the abstract are not counted towards the page limit. If an
applicant exceeds the stated page limit, the review panel has the
discretion to deduct 10 points.
[[Page 999]]
Upon completion of negotiations, the individual signing the SF 424
on behalf of the applicant must be authorized to bind the applicant.
C. Submission Dates, Times, and Address
The grant application package must be received at the designated
place 45 days after publication, or it will not be considered.
Applications sent by e-mail, telegram, or facsimile (FAX) will not be
accepted. Applications sent by other delivery services, such as Federal
Express, UPS, etc., will be accepted; the applicant, however, bears the
responsibility for timely submission. Applications that do not meet the
conditions set forth in this notice will not be honored. No exceptions
to the mailing, delivery, and hand-delivery conditions set forth in
this notice will be granted.
Any application received at the Office of Procurement Services
after 4:45 pm Eastern Time after 45 days of publication will not be
considered unless it is received before the award is made and:
It was sent by registered or certified mail no later than
the fifth calendar day before the closing date; or
It was sent by U.S. Postal Service Express Mail/Next Day
Service from the post office to the addressee no later than 5 p.m. at
the place of mailing two (2) working days (excluding weekends and
Federal holidays), prior to the closing date; or
It is determined by the USG that the late receipt was due
solely to mishandling by the USG after receipt at the USDOL at the
address indicated.
The only acceptable evidence to establish the date of mailing of a
late application sent by registered or certified mail is the U.S.
Postal Service postmark on the envelope or wrapper and on the original
receipt from the U.S. Postal Service. If the postmark is not legible,
an application received after the above closing time and date shall be
processed as if mailed late. ``Postmark'' means a printed, stamped, or
otherwise placed impression (not a postage meter machine impression)
that is readily identifiable without further action as having been
applied and affixed by an employee of the U.S. Postal Service on the
date of mailing. Therefore, applicants should request that the postal
clerk 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 U.S. Postal Service Express Mail/Next Day
Service from the post office to the 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 postmark on the
envelope or wrapper on the original receipt from the U.S. Postal
Service. ``Postmark'' has the same meaning as defined above. Therefore,
applicants should request that the postal clerk 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 time of receipt at
the USDOL is the date/time stamp of the Procurement Service Center on
the application wrapper or other documentary evidence or receipt
maintained by that office.
All applicants are advised that U.S. mail delivery in the
Washington DC area has been slow and erratic due to concerns involving
anthrax contamination. Applicants must take this into consideration
when preparing to meet the application deadline. It is recommended that
you confirm receipt of your application with your delivery service from
Lisa Harvey (see Section VII for contact information).
Applicants may also apply online at www.grants.gov. Applicants
submitting proposals online are requested to refrain from mailing a
hard copy application as well. It is strongly recommended that
applicants using www.grants.gov immediately initiate and complete the
``Get Started'' registration steps at https://www.grants.gov/GetStarted.
These steps may take multiple days to complete, and this time should be
factored into plans for electronic submission in order to avoid facing
unexpected delays that could result in the rejection of an application.
If submitting electronically through www.grants.gov, applicants must
save the application document as a .doc, .pdf, .txt or .xls file.
Any application received on grants.gov after the deadline will be
considered as non-responsive and will not be evaluated.
D. Intergovernmental Review
This funding opportunity is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs''
E. Funding Restrictions, Unallowable Activities, and Specific
Prohibitions
In addition to those specified under OMB Circular A-122, the
following costs and activities are also unallowable or contain specific
restrictions:
1. Pre-Award Costs
Pre-award costs are not reimbursable.
2. Alternative Income-Generating Activities
USDOL funds awarded under all USDOL Cooperative Agreements may not
be used to provide micro-credits, revolving funds, or loan guarantees.
Permissible costs related to alternative income-generating activities
for workers may include, but are not limited to, vocational or skills
training, incidental tools and equipment, guides, manuals, and market
feasibility studies. USDOL reserves the right to negotiate the exact
nature, form, or scope of alternative income-generating activities and
to approve or disapprove these activities at any time after award of
the Cooperative Agreement.
3. Subawards to Organizations, Groups, and/or Persons
Grantees may procure sub-contracts or sub-grants with other
organizations to fulfill the purpose and activities of the Cooperative
Agreement award. Subawards may be included as a budget line item.
Subawards must be awarded in accordance with 29 CFR 95.40-48 and are
subject to audit, in accordance with the requirements of 29 CFR
95.26(d). Subawards awarded after the Cooperative Agreement is signed,
and not proposed in the application, must be awarded through a formal
competitive bidding process, unless prior written approval is obtained
from USDOL. In addition, all subawards are subject to the restrictions
and prohibitions related to prostitution, inherently religious
activities, and terrorism as outlined in this section (6-8). Detailed
information on subawards should be provided during the project document
review process. Copies of all subawards above $100,000 must be provided
to USDOL prior to implementation of the contract.
4. Lobbying or Fund-Raising the U.S. Government With Federal Funds
Under the Cooperative Agreements, no activity, including awareness
raising and advocacy activities, may include fund-raising, or lobbying
of any government entities (see OMB Circular A-122). Cooperative
Agreement Applicants Classified Under The Internal Revenue Code as A
501(c)(4) ENTITY (see 26 U.S.C. 501(c)(4)), may not engage in lobbying
activities. According to the Lobbying Disclosure Act of 1995, as
codified at 2 U.S.C. 1611, an organization, as described in Section
501(c)(4) of the Internal Revenue Code of 1986, that engages in
lobbying activities directed toward the USG will not be eligible for
the receipt of Federal funds constituting an award, grant, Cooperative
Agreement, or loan.
[[Page 1000]]
5. Funds To Host Country Governments
USDOL funds awarded under this solicitation are not intended to
duplicate or substitute for host-country government efforts or
resources. Therefore, in general, Grantees may not provide any of the
funds obligated under the Cooperative Agreement to foreign government
entities, ministries, officials, or political parties. However,
subcontracts with foreign government agencies may be awarded to provide
direct services or undertake project activities subject to applicable
laws and only after a competitive procurement process has been
conducted and no other entity in the country is able to provide these
services. Grantees must receive prior USDOL approval before
subcontracting to foreign government agencies for the provision of
direct educational services.
6. Prostitution
The USG is opposed to prostitution and related activities, which
are inherently harmful and dehumanizing, and contribute to the
phenomenon of trafficking in persons. U.S. non-governmental
organizations, and their subawardees, cannot use USG funds to lobby
for, promote or advocate the legalization or regulation of prostitution
as a legitimate form of work. Foreign non-governmental organizations,
and their subawardees, that receive USG funds cannot lobby for, promote
or advocate the legalization or regulation of prostitution as a
legitimate form of work; this includes organizations receiving both
general and trafficking-related grants. It is the responsibility of the
Grantee(s) to ensure its subawardees meet these criteria.
7. Inherently Religious Activities
The USG is generally prohibited from providing direct financial
assistance for inherently religious activities. Federal funds provided
under a USDOL-awarded Cooperative Agreement may not be used for
religious instruction, worship, prayer, proselytizing or other
inherently religious activities. Neutral, non-religious criteria that
neither favor nor disfavor religion must be employed by the Grantee in
the selection of subawardees. This provision must be included in all
subawards issued under the Cooperative Agreement.
8. Terrorism
Applicants are reminded that U.S. Executive Orders and U.S. law
prohibit transactions with, and the provision of resources and support
to, individuals and organizations associated with terrorism. It is the
legal responsibility of Grantees to ensure compliance with these
Executive Orders and laws. This provision must be included in all
subawards issued under the Cooperative Agreement.
V. Application Review Information
USDOL will screen all applications to determine whether all
required elements are present and clearly identifiable, including the
technical proposal, cost proposal, recent audits, partnership
agreements where applicable, the Curricula Vitae of key personnel, and
personnel agreements. A Technical Panel will objectively rate each
complete application against the criteria described in this
announcement. The panel recommendations to the Grant Officer are
advisory in nature. The Grant Officer may elect to select one or more
Grantees on the basis of the initial proposal submission, or the Grant
Officer may establish a competitive or technically acceptable range for
the purpose of selecting qualified applicants. If deemed appropriate,
following the Grant Officer's call for the preparation and receipt of
final revisions of proposals, the evaluation process described above
will be repeated to consider such revisions. The Grant Officer will
make a final selection determination based on what is most advantageous
to the USG, considering factors such as panel findings based on the
criteria listed below and the best value to the government, cost, and
other factors. The Grant Officer's determination for award under this
solicitation is final.
A. The Review Process
The criteria below will serve as the basis upon which submitted
applications will be evaluated. Technical aspects of the application
will constitute 100 points of the total evaluation. Up to five (5)
additional points will be given for leveraging non-Federal resources.
In order to assist USDOL in assessing the efficient and effective
allocation of project funding, the Applicant must submit a project
budget that clearly details the costs for performing all of the
requirements presented in this solicitation, including producing all
deliverables, reporting on implementation and progress, and monitoring
progress. A sample budget is included with the ProDoc in Section II.
The budget does not count against the page limit. Applicants are
reminded to budget for compliance with the administrative requirements
set forth (copies of all regulations referenced in this solicitation
are available at no cost, on-line, at https://www.dol.gov). This
includes the costs of performing activities such as travel to
Washington, DC to meet with USDOL/ILAB, financial audit, project
closeout, project evaluation, document preparation (e.g., progress
reports, project document), and ensuring compliance with procurement
and property standards. The Project Budget must identify administrative
costs separately from programmatic costs. In addition to the costs
identified previously, administrative costs include indirect costs from
the costs pool and the cost of activities, materials (e.g., project
car), and personnel (e.g., administrative assistants, office drivers)
that support the management and administration of the project but do
not provide direct services to project beneficiaries.
Technical Approach--65 points
The extent to which the application sets forth a clear and
supportable course of action to improve labor law compliance in Central
America (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua)
and the Dominican Republic by strengthening the capacity of local
organizations to provide advice to workers about the scope and
applicability of relevant labor laws, and when necessary, provide legal
services explaining the procedural and documentation requirements to
exercise those rights.
In developing the strategy, applicants are expected to take into
consideration the following issues:
The level of technical assistance that Central American
Ministries of Labor have received in the past five (5) years and
continue to receive from bilateral donors and international
organizations;
The need to ensure that the project strategy is consistent
with any national strategy to increase labor law compliance.
The need to sustain project improvements, including
retaining the new knowledge and practices of project-trained local
staff.
The need to engage local stakeholders in the design and
implementation of the project strategy.
The need for ongoing information exchange with the
Ministries of Labor.
Points
Applicants will be evaluated on the clear identification and
description of the specific strategy(s) the applicant proposes to use
and the effectiveness and attainability of project objectives by the
end of the grant period. Proposals should include work plans that are
practical, manageable, and can achieve project results. Applicants must
include an implementation plan that lists a schedule of activities and
list of
[[Page 1001]]
deliverables that would be completed by the Grantee each quarter. The
strategy must include a sustainability plan outlining clearly how the
project activities will be sustained when the project has been
completed. (15 points)
Applicants must demonstrate familiarity with the major issues
related to the components being addressed (e.g., labor laws, providing
assistance to workers, conducting training, building networks, outreach
and informational campaigns), key problems and/or needs in the relevant
country/area, the specific problem(s) and/or need(s) that will be
addressed by this project(s), and relevant constraints. Applicants will
be evaluated on the thorough and accurate assessment of the
implementing environment and the problems that exist and clear
identification of the specific problem(s) the applicant proposes to
address. (10 points)
Applicants must provide a monitoring and evaluation plan for
measuring project performance that includes challenging but realistic
targets and measurable, verifiable project indicators that measure
achievement of project objectives and performance in project
implementation. The plan should show how the information and data will
be collected and what systems will be put in place for self-assessment,
monitoring, and continuous improvement. (5 points)
Applicants must provide a description of the proposed approach to
expending funds in the most cost-effective method possible in order to
achieve the project objectives. Applicants must submit an Outputs-based
Budget, a sample of which is provided in Annex 1. Applicants must refer
to the submitted budget in explaining how the budgeted funds will be
utilized cost-effectively. In order to assist USDOL in assessing the
efficient and effective allocation of project funding, the applicant
must submit, at minimum, supporting budget information indicating how
the applicant arrived at estimating the costs of the following items/
activities: salaries and benefits for all key personnel; 2-3 key
activities proposed by the applicant under its project design; and
meeting all USDOL close-out requirements. Applicants will be evaluated
based on the clear identification of all project costs and efficient
and effective allocation of funding. The project budget should clearly
demonstrate that the total amount and distribution of funds is
sufficient to cover the cost of all major project activities identified
by the Applicant in its proposal, management of the project, monitoring
and evaluation, and project close-out and that the distribution of
funds maximizes the provision of goods and/or services to project
beneficiaries. Higher ratings may be given to applicants with low
administrative costs and with a budget breakdown that provides a larger
amount of resources to project activities. The Grant Officer reserves
the right to negotiate administrative cost levels prior to award.
Indirect cost charges should be based on allowable, allocable, and
reasonable costs based on the applicable cost principles included in
the OMB Circular A-122 and Indirect Charges Instructions included in
Annex 2. This section will be evaluated in accordance with applicable
Federal laws and regulations. Applicants should submit output-based
budgets. A sample of an output-based budget format is included in Annex
1. The budget must comply with Federal cost principles (which can be
found in the applicable OMB Circulars) and with ILAB budget
requirements contained in the application instructions in Section VI of
this solicitation. Applicants must also be required to include an
indirect cost certification, the SF 424, SF 424A, and the Equal
Employment Opportunity survey. (15 points)
Applicants must demonstrate the use of existing expertise from the
recipient country in order to reduce costs and further develop local
capacity. The proposal should identify organizations to carry out the
work in each country. Local organizations will be rated on:
Experience providing training and/or services to workers.
Experience working with Labor Ministries, unions, and
employer associations.
Experience working on labor issues of the country.
Ability to implement activities in a timely fashion.
Applicants are requested to provide in their technical proposal
proposed organizations and the merits of those organizations,
experience in the areas outlined above, and their relationship with the
different stakeholders. (15 points)
Applicants are requested to submit a schedule of quarterly
deliverables that will serve to determine the level of performance of
the contractor. The identification of deliverables that are presented
in the proposal should be objective, verifiable, and demonstrate
progress in achieving project objectives. (5 points)
Institutional Qualifications/Past Performance--20 points
Applicants will be evaluated on their prior experience of all
organizations, including both prime and sub-awardees, in designing and
implementing activities in developing countries, especially in Central
America, related to labor law compliance.
Applicants must include information as an attachment (that will not
count towards the page limit) regarding previous grants or contracts
including: (a) the organization for which the work was done; (b) a
contact person in that organization with his/her current phone number;
(c) the dollar value of the grant or contract for the project(s); (d)
the time frame and professional effort, either directly by key
personnel, by consultants, or under contractual arrangements involved
in the project(s); (e) a brief summary of the work performed; and (f) a
brief summary of accomplishments. (10 points)
Applicants will be evaluated on their demonstration of strong
financial management and internal control systems. If the applicant is
a U.S.-based, non-profit organization already subject to the single
audit requirements, the applicant's most recent single audit, as
submitted to the Federal Audit Clearinghouse, must accompany the
application as an attachment. In addition, applications must show that
they have complied with report submission timeframes established in OMB
Circular A-133. If an applicant is not in compliance with the
requirements for completing their single audit, the application will be
considered nonresponsive and will be rejected. If the applicant is a
for-profit or foreign-based organization, a copy of its most current
independent financial audit must accompany the application as an
attachment. Applicants must also submit a copy of the most recent
single audit report for all proposed U.S.-based, non-profit partners,
Associates and sub-awardees that are subject to the Single Audit Act.
If the proposed Associate(s) or partner(s) is a for-profit or foreign-
based organization, a copy of its most current independent financial
audit should accompany the application as an attachment. If the audit
submitted by the applicant reflects any adverse opinions, the
application will not be further considered by the technical review
panel and will be rejected. USDOL reserves the right to ask further
questions on any audit report submitted as part of an application.
USDOL also reserves the right to place special conditions on Grantees
if concerns are raised in their audit reports. In order to expedite the
screening of applications and to ensure that the appropriate audits are
attached to the proposals, the applicant must provide a cover sheet to
the audit attachments listing all proposed partners and sub-awardees.
These attachments will not count
[[Page 1002]]
toward the application page limit. (10 points)
Experience of Personnel/Management Plan--15 points
Applicants will be evaluated on their inclusion of key personnel
with prior experience directly related to the proposed work, including
technical and language qualifications, professional competence,
relevant academic background, and demonstrated experience. Applicants
must submit a r[eacute]sum[eacute] for each key personnel proposed,
which includes the individual's current employment status and previous
work experience, including position title, duties performed, salary
history, dates in position, employing organizations, and educational
background. Duties must be clearly defined in terms of role performed
(i.e., manager, team leader, consultant). R[eacute]sum[eacute]s must be
included as attachments, which do not count against the page
limitation. Management and professional technical staff members
comprising the applicant's proposed team must be individuals who have
prior experience with organizations working in similar efforts, and who
are fully qualified to perform the work specified in the Scope of Work.
(10 points)
Successful performance of the proposed work depends heavily on the
management of the project. Accordingly, in its evaluation of each
application, USDOL will place emphasis on the applicant's management
approach involved in accomplishing the assigned tasks. This section of
the application must include sufficient information to judge management
and staffing plans. Where subawards, or outside assistance are
proposed, organizational lines of authority and responsibility should
be clearly delineated to ensure responsiveness to the needs of USDOL.
(5 points)
Leveraging of Grant Funding--5 points
USDOL will award up to five (5) additional rating points to
applications that include non-Federal resources that significantly
expand the size and scope of project-related activities. These programs
must not be financed by the project, but can complement and enhance
project objectives. To be eligible for the additional points, the
applicant must list the resource(s), the nature, and possible
activities anticipated and any partnerships, linkages, or coordination
of activities, cooperative funding, etc., including the specific value
of such contributions.
Suggested Outline for Technical Proposal
This outline is provided as a guideline. Organizations may elect a
format of their choosing, subject to the requirements of this
announcement.
i. Executive Summary
ii. Program Description
iii. Goal and Objectives
iv. Background
v. Technical Approach and Implementation Timetable (Proposed
Intervention)
vi. Monitoring and Evaluation Plan
vii. Experience of Personnel
viii. Identification of Deliverables and Quarterly Schedule of their
submission to determine contractor performance
ix. Staffing Pattern and Project Management Organizational Chart
x. Leveraging of non-Federal Resources
xi. Budget
xii. Attachments:
Summaries of other relevant organizational experiences
R[eacute]sum[eacute]s of key personnel and signed letters
of commitment to the project
Audit reports
Successful proposals submitted in response to this solicitation
will be incorporated into the text of the grant with the selected
applicant(s).
VI. Award Administration Information
1. Award Notices
The Grant Officer will notify 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 be accompanied by a Cooperative Agreement
and ILAB's Management Procedures and Guidelines (MPG).
Non-Designation Letter: Any organization not designated will be
notified formally of the non-designation and given the basic reasons
for the determination. Notification of designation by a person or
entity other than the Grant Officer is not valid.
2. Administrative and National Policy Requirements
A. General
Grantees are subject to applicable U.S. Federal laws (including
provisions of appropriations law) and regulations, Executive Orders,
applicable OMB Circulars, and USDOL policies. If during project
implementation a Grantee is found in violation of USG laws and
regulations, the terms of the Cooperative Agreement awarded under this
solicitation may be modified by USDOL, costs may be disallowed and
recovered, the Cooperative Agreement may be terminated, and USDOL may
take other action permitted by law. Determinations of allowable costs
will be made in accordance with the applicable U.S. Federal cost
principles.
B. Audits
After award, Grantees must also submit an annual independent audit
regardless of grant amount.
i. For U.S. based non-profit organizations expending $500,000 or
more in a year in Federal awards: a ``single'' or ``program specific''
audit conducted under the provisions of OMB Circular A-133 is required.
ii. For all other organizations (including foreign-based and
private for-profit grantees): an audit conducted in accordance with the
U.S. Government Accountability Office's (GAO) ``Government Auditing
Standards'' is required. The audit must address the following:
(a) Compliance with the Department's regulations and the provisions
of the Cooperative Agreement; and
(b) Reliability of the organization's financial and performance
reports.
Costs for audits or attestation engagements should be included in
direct or indirect costs, whichever is appropriate.
Please Note: USDOL generally allows the costs to be allocated
based on the following (applicable to U.S. based agencies only): (1)
A-133 ``single audit'' costs as part of the indirect cost rate/pool
for organizations with more than one Federal source of funding.
Organizations with only one Federal source could charge the A-133
single audit cost as direct costs; (2) A-133 ``compliance
supplement'' costs--as direct costs for Federal sources only through
a cost allocation methodology approved by the Federal cognizant
agency; or (3) A-133 program specific audits as direct costs. Any
deviations from the above must be explained and justified in the
application.
C. Administrative Standards and Provisions
The Cooperative Agreements awarded under this solicitation are
subject to the following administrative standards and provisions, and
any other applicable standards that come into effect during the term of
the Cooperative Agreement, if applicable to a particular Grantee:
i. 29 CFR Part 2 Subpart D--Equal Treatment in Department of Labor
Programs for religious Organizations; Protection of Religious Liberty
of Department of Labor Social Service Providers and Beneficiaries.
ii. 29 CFR Part 31--Nondiscrimination in Federally Assisted
Programs of the Department of
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Labor-- Effectuation of Title VI of the Civil Rights Act of 1964.
iii. 29 CFR Part 32--Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial
Assistance.
iv. 29 CFR Part 33--Enforcement of Nondiscrimination on the Basis
of Handicap in Programs or Activities Conducted by the Department of
Labor.
v. 29 CFR Part 35--Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance from the
Department of Labor.
vi. 29 CFR Part 36--Federal Standards for Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal
Financial Assistance.
vii. 29 CFR Part 93--New Restrictions on Lobbying.
viii. 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,
Foreign Governments, Organizations Under the Jurisdiction of Foreign
Governments and International Organizations.
ix. 29 CFR Part 96--Federal Standards for Audit of Federally Funded
Grants, Contracts and Agreements.
x. 29 CFR Part 98--Federal Standards for Government-wide Debarment
and Suspension (Nonprocurement) and Government-wide Requirements for
Drug-Free Workplace (Grants).
xi. 29 CFR Part 99--Federal Standards for Audits of States, Local
Governments, and NonProfit Organizations.
Copies of all regulations referenced in this solicitation are
available at no cost, on-line, at https://www.dol.gov.
D. Key Personnel
As noted in Section V, the applicant must list all key personnel
candidates. After the Cooperative Agreement has been awarded and
throughout the life of the project, the Grantee agrees to inform the
Grant Officer's Technical Representative (GOTR) whenever it appears
impossible for key personnel to continue work on the project as
planned. The Grantee must nominate, through the submission of a formal
project revision, new personnel; however, the Grantee must obtain
approval from the Grant Officer before all changes to key personnel are
formalized. If the Grant Officer is unable to approve the key personnel
change, she or he reserves the right to terminate the Cooperative
Agreement or disallow costs.
E. Encumbrance of Grant Funds
Grant funds may not be encumbered/obligated by the Grantee(s)
before or after the period of performance. Encumbrances/obligations
outstanding as of the end of the grant period may be liquidated (paid
out) after the end of the grant period. Such encumbrances/obligations
may involve only commitments for which a need existed during the grant
period and which are supported by approved contracts, purchase orders,
requisitions, invoices, bills, or other evidence of liability
consistent with the Grantee's purchasing procedures and incurred within
the grant period. All encumbrances/ obligations incurred during the
grant period must be liquidated within 90 days after the end of the
grant period, if practicable.
F. Acknowledgement on Printed Materials
In all circumstances, the following shall be displayed on printed
materials: Preparation of this item was funded by the United States
Department of Labor under Grant No. [insert the appropriate grant
number]'' In addition, the Grantee is required to include a disclaimer
in publications and materials that have been directly funded by USDOL
as follows: This (* * *) does not necessarily reflect the views or
policies of the United States Department of Labor, nor does the mention
of trade names, commercial products, or organizations imply endorsement
by the United States Government. This acknowledgement and disclaimer
must be included in documents (reports and other materials) produced,
edited and published for distribution beyond the Grantee and USDOL
(i.e., to other donors, organizations, or the general public).
When issuing statements, press releases, requests for proposals,
bid solicitations, and other documents describing projects or programs
funded in whole or in part with Federal money, all Grantees receiving
Federal funds must clearly state:
The percentage of the total costs of the program or
project that will be financed with Federal money;
The dollar amount of Federal funds for the project or
program; and
The percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
G. Use of the USDOL Logo
In consultation with ILAB, the Grantee(s) will acknowledge USDOL's
role in one of the following ways:
The USDOL logo may be applied to USDOL-funded material
prepared for public distribution, including posters, videos, pamphlets,
research documents, national survey results, impact evaluations, best
practice reports, and other publications of public interest. The
Grantee(s) must consult with USDOL on whether the logo may be used on
any such items prior to final draft or final preparation for
distribution. In no event shall the USDOL logo be placed on any item
until USDOL has given the Grantee written permission to use the logo on
the item.
All documents should include the following notice: ``This
document does not necessarily reflect the views or policies of the U.S.
Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement by the U.S. Government.''
H. Privacy and Freedom of Information
Any information submitted in response to this solicitation will be
subject to the provisions of the Privacy Act and the Freedom of
Information Act, as appropriate.
I. Site Visits
USDOL, through its authorized representatives, has the right, at
all reasonable times, to make site visits to review project
accomplishments and management control systems and to provide such
technical assistance as may be required. If USDOL makes any site visit
on the premises of the Grantee or a subawardee(s) under this grant, the
Grantee must provide and must require its subawardee(s) to provide all
reasonable facilities and assistance for the safety and convenience of
the Government representatives in the performance of their duties. All
site visits and evaluations will be performed so as not to unduly delay
the work.
3. Reporting and Deliverables
Guidance on USDOL procedures and management r