Strengthening Labor Law Compliance in the Agricultural Sector in Central America and the Dominican Republic, 975-995 [E6-22456]
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Strengthening Labor Law Compliance
in the Agricultural Sector in Central
America and the Dominican Republic
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,
Bureau of International Labor Affairs,
announces the availability of funds to be
granted by cooperative agreement to one
or more qualifying organizations. The
Department will award up to U.S. $2.5
million through one or more grants to an
organization or organizations to improve
ADDRESSES:
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labor law compliance in the agricultural
sector in Central America (Nicaragua
and either Honduras or Guatemala) and
the Dominican Republic, with particular
emphasis on safety and health
standards. 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. In such a case,
a lead organization must be identified.
The award of any subaward will be
subject to the Department’s policies and
procedures.
1. 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
improving labor law compliance in the
agricultural sector in Central America
(Nicaragua and either Honduras or
Guatemala) and the Dominican
Republic, with particular emphasis on
safety and health standards. 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) and 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.
Statement of Work
USDOL is seeking qualified
organizations that will implement a
project, in cooperation with USDOL, to
improve labor law compliance in the
agricultural sector in the Dominican
Republic, Nicaragua and either
Honduras or Guatemala, with particular
emphasis on safety and health
standards. Specific project objectives are
identified in this section. 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. USDOL encourages applicants
to be creative in proposing innovative
and cost-effective interventions that will
produce a demonstrable and sustainable
impact.
Note: Selection of an organization as a
grantee does not constitute approval of the
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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.
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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 FY2006
budget, Congress provided funding for
labor and environmental capacity
building activities in support of
CAFTA–DR. A portion of these funds
were transferred to USDOL to
administer projects related to labor
capacity building in CAFTA–DR
countries. This project provides
assistance to improve the effective
enforcement of labor laws in the
agricultural sector by training workers
and employers about national labor laws
and improving the ability of workers to
exercise their rights. This strategy
addresses concerns 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.
Numerous initiatives are currently
underway in these countries to support
efforts by the Ministries of Labor to
improve labor law compliance and
provide information and assistance to
workers and employers regarding the
effective compliance with national and
international labor laws and standards.
Most of these efforts have focused on
the more populated urban areas.
However, nearly half the population in
Central America lives in rural areas and
relies on agriculture for its livelihood.
Agricultural activities include the
production of exports such as sugar,
bananas, coffee, and tobacco. There is a
great need to expand public awareness
campaigns and outreach efforts on labor
rights to include the difficult to reach
agricultural sectors.
Given the geographic isolation of the
agricultural workers, many workers are
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unaware of their labor rights and/or are
unable to exercise those rights.
Ministries of Labor face significant
financial and personnel constraints
impacting their ability to reach many of
these workers.. Examples of common
labor violations include failure to
provide proper wages, poor
occupational safety and health
standards, illegal use of child labor,
denial of freedom of association, and
discrimination. Poor occupational safety
and health conditions are particularly
common and result in significant lost
wages and productivity for the employer
and workers. Many workers and
employers lack training in how to
minimize the risk of injury for the
workers while implementing better
production techniques.
Given the limited number of labor
inspectors and the wide geographic
expanse of the agricultural sector, there
is a need to reach out to local
organizations that can provide direct
assistance and training to workers on
understanding and exercising their labor
rights. These organizations can support
the Ministries of Labor by ensuring that
workers and employers receive accurate
information and training on workers’
and employers’ labor rights and
obligations, and how workers can
effectively exercise their rights. If and
when it becomes necessary to file a
complaint with the Ministry of Labor,
the organizations can help the workers
appropriately document the alleged
labor violations and provide innovative
links to the Ministry of Labor’s
enforcement mechanisms.
This project builds on the significant
work already being undertaken on
raising workers’ awareness about their
rights and ability to exercise their rights.
Given the multiple labor compliance
projects in Central American and the
Dominican Republic that are underway
or soon to be launched, close
coordination among donors,
implementing organizations, and
government and non-government
stakeholders will be critical to ensure
that there is no duplication of efforts
and that resources are being utilized as
effectively as possible.
B. Target Population
The Grantee(s) must target workers
and employers in targeted agricultural
communities (including indigenous
populations where relevant), local
community-based organizations, and
other local stakeholders. Grantee and/or
subawardees are expected to consult
with the Ministries of Labor as much as
possible to share information on a
regular basis, receive legal information
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from the Ministries, and review priority
issues for the workers.
C. Objectives
The Grantee(s) must implement, in
cooperation with USDOL, a project
whose overarching objective is to
improve labor law compliance in
targeted areas in the agricultural sector
in the Dominican Republic, Nicaragua
and either Honduras or Guatemala.
Intermediate objectives include:
i. Increased awareness among workers
and employers in targeted agricultural
communities about national labor laws,
with particular emphasis on safety and
health regulations.
ii. Increased ability of workers in
targeted agricultural communities to
exercise their labor rights.
D. Relationship to USDOL Program
Strategy
By helping to improve labor law
compliance in the agricultural sector in
the Dominican Republic, Nicaragua and
either Honduras or Guatemala, 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 developing the strategy, applicants
should 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
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organizations and the need to ensure
that any effort builds on and
complements previous and current work
without duplication;
• 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
institutions and individuals trained by
the project;
• The need to engage key
stakeholders of the project, including
Ministries of Labor, employer
associations, trade unions, and local
community organizations in the design
and implementation of the project
strategy.
In order to ensure achievement of
these project objectives and respect the
most effective use of the Labor
Ministries’ time, the Grantee(s) must
first coordinate with the U.S.
Government (USG) and other projects in
the region to avoid any duplication of
efforts and ensure input from Labor
Ministries on project designs. In
addition, the Grantee(s) must meet with
key local stakeholders to further
develop the project strategy and Work
plan. This strategy must be
implemented with local stakeholder
guidance.
The project is required to utilize
existing training and public awareness
materials produced by other USGfunded projects, particularly the USDOL
funded ‘‘Cumple y Gana’’ project.
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
under each objective could include the
following:
Intermediate Objective 1: Increased
awareness among workers and
employers in targeted agricultural
communities about national labor laws,
with particular emphasis on safety and
health regulations.
• Coordinate with the USG and other
projects in the region to avoid any
duplication of efforts.
• Ensure input from Labor Ministries
on project designs.
• Meet with relevant stakeholders in
target communities and further define
the project strategy and Work plan.
• Develop relationships with key
agricultural producers, agricultural
communities and other local
organizations.
• Conduct a baseline survey of
workers in target communities to
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measure their understanding of their
rights.
• Develop and implement outreach
strategies to effectively reach workers
and employers and to address the most
prevalent labor law compliance
concerns.
• Develop the capacity of local
organizations to train workers in target
communities on labor laws, including a
particular emphasis on occupational
safety and health practices.
• Explore/develop innovative links
for workers and local communities to
the Ministry of Labor’s enforcement
mechanisms.
• If developing new outreach or
training materials, coordinate with
Ministries of Labor to ensure that the
materials accurately reflect the labor
laws.
• Implement training programs for
workers that address the worker’s most
prevalent labor rights concerns,
including a particular emphasis on
occupational safety and health
practices.
• Develop a network of organizations
to further develop and implement
outreach strategies in additional
communities.
Intermediate Objective 2: Increased
ability of workers in targeted
agricultural communities to exercise
their labor rights.
• Develop and/or strengthen
coordination mechanisms between the
Ministries of Labor and other relevant
government entities and local
community organizations providing
services to workers.
• Train local community
organizations to assist workers in
exercising their rights, including
helping the workers appropriately
document and process alleged labor
violations.
• Support the outreach efforts of the
Ministries of Labors’ mobile inspection
units and/or regional offices (where
applicable) by promoting Ministry of
Labor services and helping workers to
access them.
F. Expected Outcomes/Project Outputs
• Improved awareness among
workers and employers about labor laws
in targeted agricultural areas.
• Workers in targeted agricultural
areas better understand, and are able to
exercise their labor rights.
• Improved compliance with labor
laws in targeted agricultural
communities.
• Improved occupational safety and
health conditions in targeted
agricultural communities.
• Local organizations in targeted
areas are able to assist workers in
exercising their labor rights.
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• Strengthened coordination
mechanisms between local
organizations in the agricultural sector
and Ministries of Labor and other
relevant government entities.
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
the merits of these organizations, and to
describe their relationship with the
different stakeholders. Award
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. $2.5 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 in 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
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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 organization. If two or more
applicants, who do not constitute a
single legal entity (hereinafter referred
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 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
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(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 Grant 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 Federal Register
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: https://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
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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/
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 I) 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″ x 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
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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.
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 by
February 23, 2007, 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 on February 23, 2007 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 U.S. Department of Labor 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’’
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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, the applicants
must save 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.
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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 all
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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.
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.
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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.
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
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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 SGA
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 applicants must
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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. 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, online, 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. See Annex I for a sample
budget.
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, in
particular those laws that address the
issues raised in the Statement of Work
by strengthening the capacity of local
organizations to improve labor law
compliance in the agricultural sector
through A) Increased awareness among
workers and employers in targeted
agricultural communities about national
labor laws, with particular emphasis on
safety and health regulations; and B)
Increased ability of workers in targeted
agricultural communities to exercise
their labor 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
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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 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
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)
Demonstrated familiarity with the
major issues related to the components
being addressed (e.g., labor laws,
providing assistance to workers, with
particular emphasis on the agricultural
sector, 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
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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 equipment
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 will be evaluated on their
use of existing expertise from the
recipient country in order to reduce
costs and further develop local capacity.
The proposal should identify specific
organizations to carry out the work in
each country. Local organizations will
be rated on their technical ability to
effectively carry out the proposed work,
their experience working with the
project beneficiaries and stakeholders in
target communities, and ability to
implement activities in a timely fashion.
(15 points)
Applicants will be evaluated on their
proposed submission of a schedule of
quarterly deliverables that will serve to
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981
determine the level of performance of
the awardee. 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 the
prior experience of all organizations
included in their proposal, including
prime and sub-awardees, in designing
and implementing activities in
developing countries, especially in
Central America, related to labor law
compliance, occupational safety and
health, work in the agricultural sector,
strategic planning, outreach and
education, and capacity building.
Applicants must include information as
an attachment (that will not count
towards the page limit) regarding
previous grants, contracts, or grants,
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. Applicants must
also address their organization’s country
presence; ability to work directly with
government and Non Governmental
Organizations (NGOs), including local
and community-based organizations.
Applicants may submit supporting
documentation with their application
demonstrating country presence and/or
outreach to host government ministries
and non-governmental organizations in
the country. Said documentation will
not count against the page limit. (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
NGO 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
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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 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 subawardees.
These attachments will not count
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). Resume 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
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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
´
´
• 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).
Measuring the Performance of the
Grantee
The performance of the Grantee will
be assessed based on the timely
completion of one or more deliverables
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that will be due to USDOL at the end
of each quarter of the Grant (as
described in Section VI.3). These
deliverables should reflect the outcomes
of the project that are expected to help
achieve the project’s objective(s).
Applicants are requested to include in
their proposal a project implementation
plan and approach to monitor the
performance of the project throughout
the period of the grant. The
implementation plan is to consist of a
quarterly schedule of activities and list
of deliverables that would be completed
by the Grantee each quarter. The
defined list and schedule of deliverables
is viewed by USDOL as a key
component of the technical proposal.
Applicants are requested to include in
their proposal a process for project
evaluation, using an independent
evaluation method, strategy and costs
for mid-term and final evaluations.
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.
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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.
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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
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.
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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).
xi. 29 CFR Part 99—Federal Standards
for Audits of States, Local Governments,
and NonProfit Organizations.
xii. CFR 29 Part 94—Govermnentwide
Requirements for Drug Free Workplace.
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/
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obligations may involve only
commitments for which a need existed
during the grant period and that 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, which 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:
• 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
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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
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Guidance on USDOL procedures and
management requirements will be
provided to Grantees in the
Management Procedures Guidelines
(MPGs) and within 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.
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A. Required Deliverables
Following the award of the grant, the
Grantee(s) must collaborate with
USDOL/ILAB to:
• 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 must receive a draft of the
Project Document 45 days after the
Grantee(s) has returned 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
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)
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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), they shall also send USDOL
copies of the PSC 272 that they submit
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).
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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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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ADDRESSES:
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13:55 Jan 08, 2007
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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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995
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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Agencies
[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Notices]
[Pages 975-995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22456]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Strengthening Labor Law Compliance in the Agricultural Sector in
Central America and the Dominican Republic
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, Bureau of International Labor Affairs, announces
the availability of funds to be granted by cooperative agreement to one
or more qualifying organizations. The Department will award up to U.S.
$2.5 million through one or more grants to an organization or
organizations to improve labor law compliance in the agricultural
sector in Central America (Nicaragua and either Honduras or Guatemala)
and the Dominican Republic, with particular emphasis on safety and
health standards. 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. In such a case, a lead organization must be identified. The
award of any subaward will be subject to the Department's policies and
procedures.
1. 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 improving labor law compliance in the agricultural
sector in Central America (Nicaragua and either Honduras or Guatemala)
and the Dominican Republic, with particular emphasis on safety and
health standards. 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) and 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.
Statement of Work
USDOL is seeking qualified organizations that will implement a
project, in cooperation with USDOL, to improve labor law compliance in
the agricultural sector in the Dominican Republic, Nicaragua and either
Honduras or Guatemala, with particular emphasis on safety and health
standards. Specific project objectives are identified in this section.
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. USDOL
encourages applicants to be creative in proposing innovative and cost-
effective interventions that will produce a demonstrable and
sustainable impact.
Note: Selection of an organization as a grantee does not
constitute approval of the
[[Page 976]]
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 FY2006 budget, Congress provided
funding for labor and environmental capacity building activities in
support of CAFTA-DR. A portion of these funds were transferred to USDOL
to administer projects related to labor capacity building in CAFTA-DR
countries. This project provides assistance to improve the effective
enforcement of labor laws in the agricultural sector by training
workers and employers about national labor laws and improving the
ability of workers to exercise their rights. This strategy addresses
concerns 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.
Numerous initiatives are currently underway in these countries to
support efforts by the Ministries of Labor to improve labor law
compliance and provide information and assistance to workers and
employers regarding the effective compliance with national and
international labor laws and standards. Most of these efforts have
focused on the more populated urban areas. However, nearly half the
population in Central America lives in rural areas and relies on
agriculture for its livelihood. Agricultural activities include the
production of exports such as sugar, bananas, coffee, and tobacco.
There is a great need to expand public awareness campaigns and outreach
efforts on labor rights to include the difficult to reach agricultural
sectors.
Given the geographic isolation of the agricultural workers, many
workers are unaware of their labor rights and/or are unable to exercise
those rights. Ministries of Labor face significant financial and
personnel constraints impacting their ability to reach many of these
workers.. Examples of common labor violations include failure to
provide proper wages, poor occupational safety and health standards,
illegal use of child labor, denial of freedom of association, and
discrimination. Poor occupational safety and health conditions are
particularly common and result in significant lost wages and
productivity for the employer and workers. Many workers and employers
lack training in how to minimize the risk of injury for the workers
while implementing better production techniques.
Given the limited number of labor inspectors and the wide
geographic expanse of the agricultural sector, there is a need to reach
out to local organizations that can provide direct assistance and
training to workers on understanding and exercising their labor rights.
These organizations can support the Ministries of Labor by ensuring
that workers and employers receive accurate information and training on
workers' and employers' labor rights and obligations, and how workers
can effectively exercise their rights. If and when it becomes necessary
to file a complaint with the Ministry of Labor, the organizations can
help the workers appropriately document the alleged labor violations
and provide innovative links to the Ministry of Labor's enforcement
mechanisms.
This project builds on the significant work already being
undertaken on raising workers' awareness about their rights and ability
to exercise their rights. Given the multiple labor compliance projects
in Central American and the Dominican Republic that are underway or
soon to be launched, close coordination among donors, implementing
organizations, and government and non-government stakeholders will be
critical to ensure that there is no duplication of efforts and that
resources are being utilized as effectively as possible.
B. Target Population
The Grantee(s) must target workers and employers in targeted
agricultural communities (including indigenous populations where
relevant), local community-based organizations, and other local
stakeholders. Grantee and/or subawardees are expected to consult with
the Ministries of Labor as much as possible to share information on a
regular basis, receive legal information from the Ministries, and
review priority issues for the workers.
C. Objectives
The Grantee(s) must implement, in cooperation with USDOL, a project
whose overarching objective is to improve labor law compliance in
targeted areas in the agricultural sector in the Dominican Republic,
Nicaragua and either Honduras or Guatemala. Intermediate objectives
include:
i. Increased awareness among workers and employers in targeted
agricultural communities about national labor laws, with particular
emphasis on safety and health regulations.
ii. Increased ability of workers in targeted agricultural
communities to exercise their labor rights.
D. Relationship to USDOL Program Strategy
By helping to improve labor law compliance in the agricultural
sector in the Dominican Republic, Nicaragua and either Honduras or
Guatemala, 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 developing the strategy, applicants should 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
[[Page 977]]
organizations and the need to ensure that any effort builds on and
complements previous and current work without duplication;
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 institutions and
individuals trained by the project;
The need to engage key stakeholders of the project,
including Ministries of Labor, employer associations, trade unions, and
local community organizations in the design and implementation of the
project strategy.
In order to ensure achievement of these project objectives and
respect the most effective use of the Labor Ministries' time, the
Grantee(s) must first coordinate with the U.S. Government (USG) and
other projects in the region to avoid any duplication of efforts and
ensure input from Labor Ministries on project designs. In addition, the
Grantee(s) must meet with key local stakeholders to further develop the
project strategy and Work plan. This strategy must be implemented with
local stakeholder guidance.
The project is required to utilize existing training and public
awareness materials produced by other USG-funded projects, particularly
the USDOL funded ``Cumple y Gana'' project. 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 under each objective could
include the following:
Intermediate Objective 1: Increased awareness among workers and
employers in targeted agricultural communities about national labor
laws, with particular emphasis on safety and health regulations.
Coordinate with the USG and other projects in the region
to avoid any duplication of efforts.
Ensure input from Labor Ministries on project designs.
Meet with relevant stakeholders in target communities and
further define the project strategy and Work plan.
Develop relationships with key agricultural producers,
agricultural communities and other local organizations.
Conduct a baseline survey of workers in target communities
to measure their understanding of their rights.
Develop and implement outreach strategies to effectively
reach workers and employers and to address the most prevalent labor law
compliance concerns.
Develop the capacity of local organizations to train
workers in target communities on labor laws, including a particular
emphasis on occupational safety and health practices.
Explore/develop innovative links for workers and local
communities to the Ministry of Labor's enforcement mechanisms.
If developing new outreach or training materials,
coordinate with Ministries of Labor to ensure that the materials
accurately reflect the labor laws.
Implement training programs for workers that address the
worker's most prevalent labor rights concerns, including a particular
emphasis on occupational safety and health practices.
Develop a network of organizations to further develop and
implement outreach strategies in additional communities.
Intermediate Objective 2: Increased ability of workers in targeted
agricultural communities to exercise their labor rights.
Develop and/or strengthen coordination mechanisms between
the Ministries of Labor and other relevant government entities and
local community organizations providing services to workers.
Train local community organizations to assist workers in
exercising their rights, including helping the workers appropriately
document and process alleged labor violations.
Support the outreach efforts of the Ministries of Labors'
mobile inspection units and/or regional offices (where applicable) by
promoting Ministry of Labor services and helping workers to access
them.
F. Expected Outcomes/Project Outputs
Improved awareness among workers and employers about labor
laws in targeted agricultural areas.
Workers in targeted agricultural areas better understand,
and are able to exercise their labor rights.
Improved compliance with labor laws in targeted
agricultural communities.
Improved occupational safety and health conditions in
targeted agricultural communities.
Local organizations in targeted areas are able to assist
workers in exercising their labor rights.
Strengthened coordination mechanisms between local
organizations in the agricultural sector and Ministries of Labor and
other relevant government entities.
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 the merits of these organizations, and to describe their
relationship with the different stakeholders. Award 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. $2.5 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 in 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
[[Page 978]]
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
organization. If two or more applicants, who do not constitute a single
legal entity (hereinafter referred 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
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 Grant
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 Federal
Register 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: https://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 I) 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
[[Page 979]]
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, r[eacute]sum[eacute]s, 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.
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 by February 23, 2007, 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 on February 23, 2007 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 U.S. Department
of Labor 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, the applicants
must save 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 all
[[Page 980]]
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.
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
SGA 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 applicants 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. 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. See Annex I for a
sample budget.
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, in particular those laws that address the issues raised in the
Statement of Work by strengthening the capacity of local organizations
to improve labor law compliance in the agricultural sector through A)
Increased awareness among workers and employers in targeted
agricultural communities about national labor laws, with particular
emphasis on safety and health regulations; and B) Increased ability of
workers in targeted agricultural communities to exercise their labor
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
[[Page 981]]
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 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 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)
Demonstrated familiarity with the major issues related to the
components being addressed (e.g., labor laws, providing assistance to
workers, with particular emphasis on the agricultural sector,
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 equipment 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 will be evaluated on their use of existing expertise
from the recipient country in order to reduce costs and further develop
local capacity. The proposal should identify specific organizations to
carry out the work in each country. Local organizations will be rated
on their technical ability to effectively carry out the proposed work,
their experience working with the project beneficiaries and
stakeholders in target communities, and ability to implement activities
in a timely fashion. (15 points)
Applicants will be evaluated on their proposed submission of a
schedule of quarterly deliverables that will serve to determine the
level of performance of the awardee. 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 the prior experience of all
organizations included in their proposal, including prime and sub-
awardees, in designing and implementing activities in developing
countries, especially in Central America, related to labor law
compliance, occupational safety and health, work in the agricultural
sector, strategic planning, outreach and education, and capacity
building. Applicants must include information as an attachment (that
will not count towards the page limit) regarding previous grants,
contracts, or grants, 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. Applicants
must also address their organization's country presence; ability to
work directly with government and Non Governmental Organizations
(NGOs), including local and community-based organizations. Applicants
may submit supporting documentation with their application
demonstrating country presence and/or outreach to host government
ministries and non-governmental organizations in the country. Said
documentation will not count against the page limit. (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 NGO 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
[[Page 982]]
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 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 subawardees. These attachments will
not count 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] 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).
Measuring the Performance of the Grantee
The performance of the Grantee will be assessed based on the timely
completion of one or more deliverables that will be due to USDOL at the
end of each quarter of the Grant (as described in Section VI.3). These
deliverables should reflect the outcomes of the project that are
expected to help achieve the project's objective(s).
Applicants are requested to include in their proposal a project
implementation plan and approach to monitor the performance of the
project throughout the period of the grant. The implementation plan is
to consist of a quarterly schedule of activities and list of
deliverables that would be completed by the Grantee each quarter. The
defined list and schedule of deliverables is viewed by USDOL as a key
component of the technical proposal.
Applicants are requested to include in their proposal a process for
project evaluation, using an independent evaluation method, strategy
and costs for mid-term and final evaluations.
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.
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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 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).
xi. 29 CFR Part 99--Federal Standards for Audits of States, Local
Governments, and NonProfit Organizations.
xii. CFR 29 Part 94--Govermnentwide Requirements for Drug Free
Workplace.
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 that 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, which 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
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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 Procedures Guidelines (MPGs) and
within 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) must collaborate
with USDOL/ILAB to:
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