TEGL_10-21.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION WIOA-NFJP CORRESPONDENCE SYMBOL OWI DATE May 17 2022 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TO TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-21 NATIONAL FARMWORKER JOBS PROGRAM GRANTEES FROM ANGELA HANKS Acting Assistant Secretary SUBJECT Program Year 2022 Planning Guidance for National Farmworker Jobs Program Career Services and Training Grantees and Housing Grantees 1.Purpose. To convey grant allotments for Program Year PY 2022 and provide information related to submission instructions for required funding documents and performance targets. 2.Action Requested. National Farmworker Jobs Program NFJP grantees must submit the required documents through Grants.gov by within 14 calendar days from the date this Training and Employment Guidance Letter TEGL is published. See section 4 of this TEGL for additional information on required documents. Grantees that do not submit complete documentation by the deadline risk delaying the timely allotment of funds. Additionally if a grantee wishes to negotiate their performance targets please notify your assigned Federal Project Officer and copy NFJP dol.gov within 7 calendar days from the date this TEGL is published and include your proposed targets in your modified four-year program plan. 3.Summary and Background. a.Summary In accordance with the Workforce Innovation and Opportunity Act WIOA the new four-year NFJP grant cycle went into effect on July 1 2020. The Employment and Training Administration ETA is issuing this TEGL to notify NFJP grantees of PY 2022 grant allocations and to provide instructions for submitting required documents. Grantees must submit required documents including program plans and budget documents to receive funding. b.Background NFJP allotments are based on the funds appropriated in the Consolidated Appropriations Act 2022 from this point forward referred to as the Act . Funds to implement NFJP are appropriated in the Act. Congress provided 88 283 000 for formula grants of which A88 160 000 was allotted after 123 000 was set aside for program integrity 6 456 000 for migrant and seasonal farmworker housing of which A6 447 000 was allotted after 9 000 was set aside for program integrity and of which not less than 70 percent shall be for permanent housing and A657 000 for discretionary 2 purposes. The Department will issue individual Housing grant awards based on the results of the 2020 grant competition. In distributing funds ETA calculates allotments for Career Services and Training grantees through an administrative formula. The formula s original methodology is described in a notice published in the Federal Register notice 64 FR 27390 May 19 1999 subsequently updated in the Federal Register notice 86 FR 32063 on June 16 2021. As explained in ETA s PY 2021 notice the allotments provided in this TEGL for Career Services and Training grantees reflect hold-harmless provisions that provide for a stop loss stop gain limit to facilitate grantees transition to the updated formula results established in the June 2021 Federal Register notice. For PY 2021 each state service area received an amount equal to at least 95 percent of their PY 2020 allotment percentage as applied to the PY 2021 formula funds available. For PY 2022 each state services area will receive an amount equal to at least 90 percent of their PY 2021 allotment percentage as applied to the PY 2022 formula funds available. MSFW Youth Awards Per WIOA section 127 a 1 State Allotments for each fiscal year for which the amount appropriated under section 136 a exceeds 925 000 000 the Secretary will reserve 4 percent of the excess amount to provide youth workforce investment activities under section 167 relating to migrant and seasonal farmworkers . Based on this year s appropriated amount of 933 130 000 under WIOA section 136 a ETA plans to distribute a separate set of awards totaling 325 200 to serve MSFW Youth. ETA will follow up in subsequent communication with the approach to award these additional MSFW youth funds. 4. Details. Submission Requirements and Reporting. a. Required Documents for PY 2022 Funding. To receive PY 2022 funding NFJP grantees must submit via Grants.gov the documents listed below in subsections i-v. Submittal of this document package does not constitute automatic approval. Grantees may be asked with the assistance of their assigned Federal Project Officer to immediately revise and resubmit documentation prior to the allotment award. Alternatively the Grant Officer may approve the award allotment with Special Conditions of Award requiring the grantee to submit revised documents within 30 calendar days of the award date. If a grantee fails to submit documents by the deadline they risk delaying the timely allotment of funds. In response to the TEGL the following documents are required i. SF-424 Application for Federal Assistance. An electronically submitted SF-424 through Grants.gov constitutes an official signed document. The SF-424 must identify the legal name of the grantee organization along with the organization s address its Unique Entity Identification number UEI and its Employer 3 Identification Number EIN all of which must match the same information listed in the organization s current registration with the System for Award Management SAM found at https www.sam.gov. Please review the SF-424 instructions document included on Grants.gov to ensure the correct completion of the SF-424. The total funding amount entered under the Estimated Funding section item 18 must match the allotment amount in the allotment tables. The state service area must be noted under the Areas Affected By Project section item 14 . ii. SF-424A Budget Information Non-Construction Programs Form. Please review the SF-424A instructions document included on Grants.gov to ensure the correct completion of the SF-424A. The total funding amount entered must match the allotment amount. See Attachment III to see the Career Services and Training Grant Allotments and Attachment IV to see the Housing Grant Allotments. iii. Budget Narrative. The Budget Narrative must follow the detailed instructions provided in Attachments I and II. Each line item category amount on the Budget Narrative must also exactly match the line item category amount totals listed on the SF-424A. iv. Negotiated Indirect Cost Rate Agreement NICRA . Grantees that use a NICRA or Cost Allocation Plan CAP must submit a current or recent copy of the NICRA or CAP as part of this application. If a new NICRA has been requested but not finalized the grantee must include a copy of the request. Please include the letter showing the date it was submitted. Note If a grantee includes indirect charges on line 6.j of the SF-424A the grantee must submit a NICRA or CAP unless the grantee elects to charge a de minimis rate. If a grantee elects not to charge indirect costs there is no need to include a NICRA or CAP. v. PYs 2020-2023 Program Plan. Per 20 CFR 685.410 each NFJP grantee submitted a comprehensive program plan covering PY 2020-2023 to the Department. The four-year program plan describes a grantee s plan to implement the grant project in accordance with the Funding Opportunity Announcement. For additional information on what type of information is included in the program plan see 20 CFR 685.420. In response to this PY 2022 TEGL grantees must follow the instructions below to determine the extent to which they must update their four-year program plan If a grantee does not need to modify their 2020-2023 program plan they should amend the dates to be relevant and submit their four-year program plan and add a note on the top No substantive changes were made to the four-year program plan. In circumstances when there is a change in funding levels per 20 CFR 685.430 a grantee s program plan must be modified to reflect the funding level for each year of the grant. The grantee must submit a request to add delete expand or reduce any part of the program plan. In their request grantees should describe any change s and provide a justification for the change. In coordination with the Federal Project Officer the Department 4 will consider the cost principles uniform administrative requirements and terms and conditions of award when reviewing modifications. WIOA Performance Negotiations. For PY 2022 ETA proposes to use the performance targets and annual and four-year service enrollment levels that were established in PY 2021.1 If a grantee wishes to negotiate their performance targets please notify your assigned Federal Project Officer and copy NFJP dol.gov within 7 calendar days from the date this TEGL is published and include your proposed targets in your modified four-year program plan. If a grantee does not notify their Federal Project Officer and national office within 7 calendar days from the date this TEGL is published ETA will use the performance targets that were approved in PY 2021 for PY 2022. ETA will work with grantees to establish performance targets within 30 calendar days from the date this TEGL is published. Note For Housing grantees the PY 2022 service levels may vary depending on the grant recipient s four-year work plan. For example some Housing grantees service levels increase during the third or fourth year of the period of performance depending on a permanent housing project. Use of PY 2022 Funds. The period of performance for PY 2022 NFJP grants ends on September 30 2023. Therefore grantees have an extra quarter to expend grant funds. The extra quarter in the period of performance allows grantees to have flexibility to absorb minor fluctuations in spending within the four-year cycle without the need to request extensions from year to year. Grantees must continue to file a Federal Financial Report ETA Form 9130 each quarter for PY 2022 funds until those funds are fully expended or the end of the grant s period of performance is reached. Paperwork Reduction Act PRA Statement. The Department notes that a Federal agency may not conduct or sponsor a collection of information nor is the public required to respond to a collection of information unless the Office of Management and Budget OMB under the PRA approves it and it displays a currently valid OMB Control Number 44 U.S.C. 3507 . Also notwithstanding any other provision of law no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB Control Number 44 U.S.C. 3512 . The currently valid OMB Control Numbers for this collection are OMB 4040-0004 SF-424 Application for Federal Assistance which expires 1 Consistent with 20 CFR 685.400 ETA establishes Career Services and Training grantees performance levels using results produced by a statistical adjustment model. The model considers the characteristics of the population served and the economic conditions of the state service area and it makes additional adjustments to factor in economic challenges. In response to the funding opportunity announcement FOA FOA-ETA-20-08 FOA-ETA- 20-08-A or FOA-ETA-20-08-B your organization submitted its quarterly and annual targets to enroll participants over 51-month period of performance. This information was used to establish your annual enrollment levels over 51- month period for Career Services and Training grant recipients for example the total number of participants enrolled and annual service levels for Housing grant recipients for example the total number of reportable individuals served . These service enrollment levels were established in PY 2020 and in some cases renegotiated for PY 2021. 5 December 31 2022 and OMB 4040-0006 SF-424A Budget Information for Non-Construction which expires February 28 2025. Timing of Funds. ETA will distribute executed NFJP Notices of Award as close to the beginning of July as possible so that funds are available to support continued operations of the program. Performance Reporting Requirements. Career Services and Training grantees and Housing grantees will submit performance data through Workforce Integrated Performance System WIPS using the DOL-Only Participant Individual Record Layout PIRL Form ETA 9172 and the Joint Quarterly Narrative Performance Report QNR Form ETA 9179. In general grantees use the indicators of performance that are described at 20 CFR 685.400 depending on their type of grant award. Per 20 CFR 685.400 e grantees may develop additional performance indicators and include them in the program plan or in periodic performance reports. Additional information on performance indicators is available in TEGL 14-18 and Attachment 7 https wdr.doleta.gov directives corr doc.cfm DOCN 7611. 5. Inquiries. All NFJP Grantees should submit inquiries to their respective Federal Project Officer. 6. References. Departments of Labor Health and Human Services and Education and Related Agencies Consolidated Appropriations Act 2022 Public Law 117-103 enacted March 15 2022. Section 167 of WIOA Pub. L. 113-128 Title I enacted July 22 2014 20 CFR Part 685 WIOA Final Rule effective October 18 2016 TEGL NO. 14-18 Aligning Performance Accountability Reporting Definition and Policies Across Workforce Employment and Training Programs Administered by the U.S. Department of Labor DOL March 25. 2019 and Federal Register Notice - Employment and Training Administration ETA Program Year PY 2021 Workforce Innovation and Opportunity Act WIOA Section 167 National Farmworker Jobs Program NFJP Modifications to Allotment Formula 86 FR 24891 May 10 2021. 7. Attachment s . Attachment I Instructions for Completing the Budget Narrative Attachment II Instructions for Submitting Budget Documents via Grants.gov Attachment III PY 2022 NFJP Career Services and Training Grant Allotments Attachment IV PY 2022 NFJP Housing Grant Allotments Attachment I I-1 Instructions for Completing the Budget Narrative For Career Services and Training grantees The budget narrative must adhere to the amount of money allocated for each state service area detailed in Attachment III PY 2022 NFJP Career Services and Training Grant Allotments For Housing grantees The budget narrative must adhere to the amount of permanent and temporary expenditures detailed in Attachment IV Housing Grant Allotments. Individual grants are awarded for Housing as a result of the grants competition and are further distributed according to language in the appropriations law requiring that of the total amount available not less than 70 percent shall be allocated to permanent housing activities leaving not more than 30 percent to temporary housing activities. In the budget narrative housing grantees must clearly differentiate between the amount of expenditures on permanent and temporary housing if applicable For all grantees use the following guidance below when writing the budget narrative. 1. Project Budget You must complete the SF-424A Budget Information Form available at https www.grants.gov web grants forms sf-424-family.html sortby 1 . In preparing the Budget Information Form you must provide a concise narrative explanation to support the budget request explained in detail below. a Budget Narrative The Budget Narrative must provide a description of costs associated with each line item on the SF-424A. The Budget Narrative should also include a section describing any leveraged resources provided as applicable to support grant activities. Leveraged resources are all resources both cash and in-kind in excess of this award. Valuation of leveraged resources follows the same requirements as match. Grantees are encouraged to leverage resources to increase stakeholder investment in the project and broaden the impact of the project itself. Each category should include the total cost for the period of performance. Use the following guidance for preparing the Budget Narrative. Personnel List all staff positions by title both current and proposed including the roles and responsibilities. For each position give the annual salary the percentage of time devoted to the project and the amount of each position s salary funded by the grant. Fringe Benefits Provide a breakdown of the amounts and percentages that comprise fringe benefit costs such as health insurance FICA retirement etc. Attachment I I-2 Travel For grantee staff only specify the purpose number of staff traveling mileage per diem estimated number of in-state and out-of-state trips and other costs for each type of travel. Equipment Identify each item of equipment you expect to purchase that has an estimated acquisition cost of 5 000 or more per unit or if your capitalization level is less than 5 000 use your capitalization level and a useful lifetime of more than one year see 2 CFR 200.1 for the definition of Equipment . List the item quantity and the unit cost per item. Items with a unit cost of less than 5 000 are supplies not equipment. In general we do not permit the purchase of equipment during the last funded year of the grant. Supplies Identify in the detailed budget the projected cost of supplies per category e.g. general office supplies desks chairs laptops printers other specialty items . Except for general office supplies list the item quantity and the unit cost per item. Supplies include all tangible personal property other than equipment. See 2 CFR 200.1 for the definition of Supplies. Contractual Under the Contractual line item delineate contracts and subawards separately. Contracts are defined according to 2 CFR 200.1 as a legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a federal award. A subaward defined by 2 CFR 200.1 means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. For each proposed contract and subaward specify the purpose and activities to be provided and the estimated cost. Construction Construction costs are not allowed and this line must be left as zero. Minor alterations to adjust an existing space for grant activities such as a classroom alteration may be allowable. We do not consider this as construction and you must show the costs on other appropriate lines such as Contractual. Other Provide clear and specific detail including costs for each item so that we are able to determine whether the costs are necessary reasonable and allocable. List items such as stipends or incentives not covered elsewhere. Indirect Costs If you include an amount for indirect costs through a Negotiated Indirect Cost Rate Agreement or De Minimis on the SF-424A budget form then include one of the following Attachment I I-3 i. If you have a Negotiated Indirect Cost Rate Agreement NICRA provide an explanation of how the indirect costs are calculated. This explanation should include which portion of each line item along with the associated costs are included in your cost allocation base. Also provide a current version of the NICRA. or ii. If you intend to claim indirect costs using the 10 percent de minimis rate please confirm that your organization meets the requirements as described in 2 CFR 200.414 f . Clearly state that your organization does not have a current negotiated including provisional rate and is not one described in 2 CFR 200 Appendix VII.D.1.b. Grantees choosing to claim indirect costs using the de minimis rate must use Modified Total Direct Costs see 2 CFR 200.1 below for definition as their cost allocation base. Provide an explanation of which portion of each line item along with the associated costs are included in your cost allocation base. Note that there are various items not included in the calculation of Modified Total Direct Costs. See the definitions below to assist you in your calculation. 2 CFR 200.1 Modified Total Direct Cost MTDC means all direct salaries and wages applicable fringe benefits materials and supplies services travel and up to the first 25 000 of each subaward regardless of the period of performance of the subawards under the award . MTDC excludes equipment capital expenditures charges for patient care rental costs tuition remission scholarships and fellowships participant support costs and the portion of each subaward in excess of 25 000. Other items may be excluded only when necessary to avoid a serious inequity in the distribution of indirect costs and with the approval of the cognizant agency for indirect costs. The definition of MTDC in 2 CFR 200.1 no longer allows any sub-contracts to be included in the calculation. You will also note that participant support costs are not included in modified total direct cost. Participant support costs are defined below. 2 CFR 200.1 Participant Support Cost means direct costs for items such as stipends or subsistence allowances travel allowances and registration fees paid to or on behalf of participants or trainees but not employees in connection with conferences or training projects. The following link contains information regarding the negotiation of Indirect Cost Rates at DOL https www.dol.gov agencies oasam centers-offices business-operations-center cost- determination. Attachment I I-4 Note that the SF-424 SF-424A and Budget Narrative must include the federal grant amount requested. Do not show leveraged resources on the SF-424 and SF-424A. You should describe leveraged resources in the Budget Narrative. Grantees should list the same requested federal grant amount on the SF-424 SF-424A and Budget Narrative. If minor inconsistencies are found between the budget amounts specified on the SF-424 SF-424A and the Budget Narrative ETA will consider the SF-424 the official funding amount requested. Attachment II II-1 Instructions for Submitting Required Documents via Grants.gov An electronically submitted SF-424 through Grants.gov constitutes an official signed document. Block 18 of the SF-424 must reflect the exact amount of a grantee s allotment provided in Attachments III or IV. Any total amounts on the SF-424A and budget narrative must also reflect a grantee s allotment provided in Attachments III or IV. Block 11 of the SF- 424 must include the Catalog of Federal Domestic Assistance CFDA number for the National Farmworker Jobs Program which is 17.264. The application submission process can be complicated and time-consuming. Therefore the Department strongly encourages grantees to initiate the process as soon as possible to allow for time to resolve unanticipated technical problems. Applicants needing to register with Grants.gov may do so here https www.grants.gov web grants grantors grantor- registration.html. Registration is a one-time process and applicants that already have a Grants.gov account do not need to register again. To submit the required documents in Grants.gov applicants must Select the SEARCH GRANTS tab on the Grants.gov homepage. Under the section BASIC SEARCH CRITERIA enter the CFDA number 17.264. Select the link to the applicable Funding Opportunity Number provided in the search results. Select the PACKAGE tab. Under the ACTIONS column select APPLY. Before submitting applicants must also ensure its registration with the System for Award Management SAM is current. Grantees must maintain an active SAM registration with current information at all times during which they have an active Federal award or an application under consideration. To remain registered in the SAM database after the initial registration there is a requirement to review and update the registration at least every 12 months from the date of initial registration or subsequently update the information in the SAM database to ensure it is current accurate and complete. Failure to register with SAM and maintain an active account will result in Grants.gov rejecting your submission. Attachment II II-2 The next step in the registration process is creating a username and password with Grants.gov to become an Authorized Organizational Representative AOR . AORs will need to know their Unique Entity ID of the organization for which they will be submitting applications to complete this process. To read more detailed instructions for creating a username and password on Grants.gov visit the registration page at https www.grants.gov web grants applicants registration.html. Submitting through Grants.gov constitutes an electronically signed SF-424 Application for Federal Assistance. The registration and account creation with Grants.gov with E-Biz POC approval establishes an AOR. When you submit the SF-424 through Grants.gov the name of your AOR on file will be inserted into the signature line. Grantees must register the individual who is able to make legally binding commitments as the AOR. If grantees encounter a problem with Grants.gov and do not find an answer in any of the other resources call 1-800-518-4726 or 606-545-5035 to speak to a Customer Support Representative or email support Grants.gov. The Contact Center is open 24 hours a day 7 days a week. It is closed on federal holidays. After troubleshooting with Grants.gov helpdesk grantees should e-mail major issues preventing submission of required documents to Sharon Porter Grants Management Specialist at with a copy to your FPO. That e-mail should specifically reference the NFJP TEGL s Funding Opportunity Announcement number and it should include a contact name email address and phone number. Attachment III U. S. Department of Labor Employment and Training Administration National Farmworker Jobs Program Career Services and Training Grants PY 2022 Allotments to State s State Allotment Total 88 160 000 Alabama 776 212 Alaska - Arizona 2 553 478 Arkansas 1 265 495 California 23 164 574 Colorado 1 763 318 Connecticut 531 602 Delaware 163 949 Dist of Columbia - Florida 3 328 614 Georgia 1 756 823 Hawaii 284 832 Idaho 2 327 447 Illinois 1 939 999 Indiana 1 303 529 Iowa 1 863 100 Kansas 1 318 690 Kentucky 923 511 Louisiana 829 992 Maine 432 739 Maryland 552 597 Massachusetts 543 815 Michigan 2 199 069 Minnesota 1 668 177 Mississippi 924 370 Missouri 1 293 215 Montana 741 784 Nebraska 1 322 506 III-1 Attachment III Nevada 237 476 New Hampshire 154 787 New Jersey 816 449 New Mexico 1 132 485 New York 2 300 453 North Carolina 2 333 344 North Dakota 780 688 Ohio 1 524 192 Oklahoma 928 725 Oregon 2 340 449 Pennsylvania 1 868 860 Puerto Rico 2 140 963 Rhode Island 68 784 South Carolina 717 495 South Dakota 706 000 Tennessee 791 308 Texas 4 671 373 Utah 693 559 Vermont 217 113 Virginia 886 698 Washington 4 783 367 West Virginia 137 443 Wisconsin 1 823 100 Wyoming 331 452 California Grant Recipients Allotment Proteus Inc. 4 421 543 County of Kern 2 475 003 Central Valley Opportunity Center Inc. 2 240 619 West Hills Community College District 1 021 987 California Human Development Corporation 4 038 165 California Center for Employment Training 7 503 607 SER Jobs for Progress Inc. 1 463 650 III-2 Attachment IV IV-1 U.S. Department of Labor Employment and Training Administration National Farmworker Jobs Program PY 2022 Housing Grant Allotments State Grantee Service Area s Permanent Housing Temporary Housing Housing Total Alabama Alabama Non- Profit Housing AL GA NC SC TN VA 683 232 170 807 854 039 Arizona PPEP Microbusiness Housing Development Corp. AZ 411 007 176 146 587 153 California La Cooperativa Campesina de California CA 761 902 156 052 917 954 Colorado Community Resources and Housing Development Corporation CO AZ ID NM TX UT 303 402 422 265 725 667 Florida Florida Non- Profit Housing FL DE MD MS VA 711 189 178 130 889 319 Texas Motivation Education and Training Inc. LA TX 572 044 125 570 697 614 Washington Office of Rural and Farmworker Housing OR WA 315 284 - 315 284 Wisconsin United Migrant Opportunity Services UMOS Inc. IA IL IN KS MN MO NE WI 454 466 113 475 567 941 New York PathStone Corporation IN ME NJ NY OH PA PR VT 798 901 93 128 892 029 5 011 427 1 435 573 6 447 000