foa-ilab-15-04.pdf

U.S. DEPARTMENT OF LABOR

Bureau of International Labor Affairs

Notice of Availability of Funds and Funding Opportunity Announcement for Building the Capacity of Workers’ Organizations in Peru

Announcement Type: Initial

Funding Opportunity Number: FOA-ILAB-15-04

Catalog of Federal Domestic Assistance (CFDA) Number: 17.401

Key Dates: The closing date for receipt of applications under this announcement is October 8, 2015. Applications must be received no later than 4:00:00 p.m. Eastern Time.

All technical questions related to the content of this Funding Opportunity Announcement (FOA) must be submitted no later than 10 business days prior to the close date of the FOA.

Addresses: Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Office of Grants Management, Attention: Elizabeth Whittington, Grant Officer, Reference FOA-ILAB-15-04, 200 Constitution Avenue, NW, Room N4673, Washington, DC 20210. For complete application and submission information, including online application instructions, please refer to Section IV.

Executive Summary:

The Bureau of International Labor Affairs (ILAB), U.S. Department of Labor (DOL, or the Department, or we), announces the availability of approximately $1 million total costs for one cooperative agreement to fund a technical assistance project(s) in Peru to build the capacity of workers’ organizations to effectively engage with their constituents, employers, and the government to address the abusive use of short-term employment contracts and unlawful subcontracting1. The project will achieve its goal through the following objectives: 1) improved education of workers regarding their rights with respect to short-term employment contracts and subcontracting, and 2) improved representation of workers before employers and the government to address abusive forms of short-term employment contracts and unlawful subcontracting. The project must target workers’ organizations and workers in non-traditional export sectors in Peru, with an emphasis on those sectors where abusive short-term employment contracts and unlawful subcontracting are widely used. The duration of the project will be a minimum of two years (24 months) and a maximum of three years (36 months) from the effective date of the award.

Eligible Applicants may include any commercial, international, educational, or non-profit organization, including any faith-based, community-based, or public international organization, capable of successfully fulfilling the objectives identified in the Funding Opportunity Description.

1 For the purposes of this announcement, the term “subcontracting” includes “outsourcing.”

Table of Contents I. Funding Opportunity Description

A. Program Purpose B. Program Authority C. Project Targets D. Background Information

II. Award Information A. Award Type and Amount B. Period of Performance

III. Eligibility Information A. Eligible Applicants B. Cost Sharing or Matching C. Other Information

1. Application Screening Criteria

2. Number of Applications To Be Submitted

IV. Application and Submission Information A. How to Obtain an Application Package B. Content and Form of Application Submission

1. Technical Proposal

2. Cost Proposal

3. Submission Date, Times, and Process

C. Intergovernmental Review D. Funding Restrictions E. Indirect Costs F. Intellectual Property Rights G. Other Submission Requirements

V. Application Review Information A. Criteria B. Review and Selection Process

1. Merit Review and Selection Process

2. Risk Review Process

VI. Award Administration Information A. Award Notices B. Administrative and National Policy Requirements

1. General Requirements

2. Audits and Attestation Engagements

3. Administrative Standards and Provisions

4. Other Legal Requirements:

5. Other Administrative Standards and Provisions

6. Special Program Requirements

C. Reporting

1. Quarterly Financial Reports

2. Technical Progress Reports

3. Indirect Cost Rates

4. Closeout Reports

VII. Agency Contacts

VIII. Other Information A. Transparency B. OMB Information Collection

APPENDIX A: Acronyms APPENDIX B: Definitions APPENDIX C: Sample Past Performance Table APPENDIX D: Requirements for Application Submission

I. Funding Opportunity Description

A. Program Purpose

ILAB leads DOL’s efforts to ensure that workers around the world are treated fairly and are able to share in the benefits of the global economy. ILAB’s mission is to advance workers’ rights and livelihoods, particularly for the world’s most vulnerable workers. The mission of OTLA is to implement trade-related labor policy and coordinate international technical cooperation in support of the labor provisions in free trade agreements; to develop and implement the DOL’s policy positions on international economic and trade issues; and to fund and oversee technical assistance projects addressing workers’ rights issues in key trading partner countries.

This FOA solicits applications to implement a project with the goal of building the capacity of workers’ organizations in Peru to effectively engage with their constituents, employers, and the government to address abusive uses of short-term employment contracts and unlawful subcontracting.2 The project will achieve its goal through the following objectives: 1) improved education of workers regarding their rights with respect to short-term employment contracts and subcontracting, and 2) improved representation of workers before employers and the government to address abusive forms of short-term employment contracts and unlawful subcontracting.

This announcement is for the award of a new cooperative agreement with the specific project objectives and outcomes outlined in this FOA. As such, Applicants may not submit applications to renew or supplement an existing ILAB-funded project.

B. Program Authority

ILAB is authorized to award and administer grants and cooperative agreements by the Consolidated and Further Continuing Appropriations Act, 2015, Pub. Law 113-235 (2014).

C. Project Targets

The project must target workers’ organizations and workers in non-traditional export sectors in Peru, with an emphasis on those sectors where abusive short-term employment contracts and unlawful subcontracting are widely used.

D. Background Information

Pursuant to international standards, “the right of workers to establish and join organizations of their own choosing in full freedom cannot be said to exist unless such freedom is fully established and respected in law and in fact.”3 DOL aims to support this commitment by building the capacity of workers’ organizations in Peru to effectively engage with their constituents, employers, and the government to address the ways in which abusive short-term employment contracts and unlawful subcontracting may be used to subvert workers’ right to freedom of association.

Abusive uses of short-term contracting

2 For the purposes of this announcement, the term “subcontracting” includes “outsourcing.”

3 ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the

Governing Body of the ILO, Fifth (revised) edition (Geneva: International Labor Office, 2006), para. 309; available from http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_090632.pdf. .

Under Peruvian law, employment contracts are presumed to be for an indefinite duration.4 The same law that establishes this presumption of indefinite employment contracts establishes that short-term contracts may be used only in specifically enumerated circumstances and the applicable time limits for such use, which range from six months to five years.5 Under this general law, employers may use various types of short-term contracts consecutively, but the total cumulative duration of these contracts may not exceed five years.6

A separate Peruvian law, however, governs the non-traditional export sectors, which include exports such as textiles and apparel, fishing, wood and paper, nonmetallic minerals, jewelry, and agriculture.7 Peruvian law exempts these sectors from the five-year limit on consecutive short-term contracts.8 This exemption allows employers with a non-traditional export designation to hire workers on a series of short-term contracts indefinitely.9

The Government of Peru acknowledged the labor rights effects of consecutive short-term contracts in the non-traditional export sectors by stating that, “it is apparent that temporary contracts have been used repeatedly as a means of discouraging trade union membership and have had prejudicial effects.”10 Under international standards, “all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing.”11 Also, labor unions, non-governmental organizations (NGOs), and some multi-national apparel brands assert that workers employed under this law who attempted to organize or affiliate with unions did not have their contracts renewed;12 international standards establish that, “the non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention No. 98.”13

Unlawful subcontracting

Some employers avoid direct employment relationships with workers and limit the size of the company’s direct workforce by hiring workers through subcontracting companies. In these circumstances, the end-user employer may thus avoid the legal duties, rights, and responsibilities that adhere to direct employment

4 Government of Peru, Ley de Productividad y Competitividad Laboral, Ley No. 728, Decreto Supremo No. 003-97-TR, (1997), Article 4; available from http://www.mintra.gob.pe/contenidos/archivos/prodlab/legislacion/DS_003_1997.pdf.

5 Ibid., Articles 53-73.

6 Ibid., Article 74.

7 Government of Peru, Ley de Promocion de Exportaciones no Tradicionales, Decreto Ley No. 22342, (1978); available from http://www4.congreso.gob.pe/ntley/Imagenes/Leyes/22342.pdf.

8 Ley de Productividad y Competitividad Laboral, Article 80.

9 Ley de Promocion de Exportaciones no Tradicionales, Article 32.

10 ILO Committee on Freedom of Association (CFA), Report 357 (June 2010), para. 868; available from:

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_142021.pdf.

11 ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, para. 255.

12 United States Department of State, Country Reports on Human Rights Practices for 2014, Peru; available from http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper.

13 ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the

Governing Body of the ILO, para. 785.

relationships, while still benefitting from the subcontracted workers’ labor. This has the consequence of making it more difficult for unions to organize the 20 workers needed to form a union.14

In 2013, the Ministry of Labor and Employment Promotion (MTPE) reported that it received 265 complaints of illegal outsourcing, inspected 248 companies, found 10 infractions, and assessed a total of 181,189 soles in fines ($64,606). Despite this effort, civil society organizations report that laws governing subcontracts are not effectively enforced and that employers continue to use subcontracting arrangements to limit workers’ right to organize. 15

Government efforts to address abusive uses of short-term contracts and unlawful subcontracting

The Government of Peru has strengthened some labor laws and practices in recent years. These positive steps include the enactment of legal instruments in 2007 and 2008 that are intended to protect the freedom of association, collective bargaining, and non-discrimination rights of workers employed on short-term contracts or through subcontracting.

In 2007, Peru passed a Supreme Decree that made using contracting schemes to impede freedom of association a “very serious offense,”16 subject to the highest fine rate available. Also in 2007, the MTPE issued a National Directive that clarified that the contracting schemes referenced in the Supreme Decree specifically mean that temporary contracts cannot be used with the intent or effect of damaging or limiting workers’ freedom of association, right to collective bargaining, or right to non-discrimination.17

In 2008, the Government of Peru enacted legal instruments that: establish requirements for subcontracting companies and impose upon the principal company a direct employment relationship with subcontracted workers if those requirements are not met; prohibit the use of subcontracting to limit workers’ exercise of their rights to freely associate and bargain collectively; reaffirm that workers employed through a subcontracting entity have the right to organize, bargain collectively, and strike; and require the registration of all subcontracting entities.18 If those requirements are not met, the law requires the end user employer to

14 Government of Peru, Ley de Relaciones Colectivas de Trabajo, Decreto Supremo No. 010-2003-TR, (2003), Article 14;

available from http://www.mintra.gob.pe/contenidos/archivos/prodlab/TUO%20%20Relaciones%20Colectivas%20de%20Trabajo%20TUO%20DL.2 5593%20DS.%20010-2003-TR%2005-10-03.pdf.

15 Eight Peruvian workers’ organizations, La agenda laboral pendiente del TLC Perú-Estados Unidos: Cuando la competitividad se basa en la reducción de los derechos laborales.

16 Government of Peru, Reglamento de la Ley General de Inspección de Trabajo, Decreto Supremo No. 019-2007-TR, (2007), Article 25(10); available from http://www.sunafil.gob.pe/portal/images/docs/normatividad/DS-019-2007-TR- Modificatoria_Reglamento_Ley_Inspeccion_Trabajo.pdf.

17 Government of Peru, Directiva Nacional Para la Ejecución del Programa Nacional de Regularización y Verificación de Contratos a Plazo Fijo y su Incidencia en el Ejercicio de la Libertad Sindical y la Negociación Colectiva, Directiva No. 001- 2007/MTPE/2/11.4, (2007), Article 6(1); available from http://www.mintra.gob.pe/archivos/file/SNIL/normas/2007-09-28_001-2007- MTPE-2-11.4_2985.pdf.

18 See, e.g., Government of Peru, Ley Que Regula los Servicios de Tercerización, Ley No. 29245, (2008), available from http://intranet.oit.org.pe/WDMS/bib/virtual/legis/peru/Ley_tercerizacion_2008.pdf; Government of Peru, Reglamento de la Ley 29245y del Decreto Legislativo No. 1038, Que Regulan los Servicios de Tercerización, Decreto Supremo 006-2008-TR, (2008), available from http://www.mintra.gob.pe/archivos/file/normasLegales/DS_006_2008_TR.pdf; Directiva Nacional Para la Ejecución del Programa Nacional de Regularización y Verificación de Contratos a Plazo Fijo y su Incidencia en el Ejercicio de la Libertad Sindical y la Negociación Colectiva; Government of Peru, Medidas Complementarias de Fortalecimiento del Sistema de Inspección Laboral a Nivel Nacional, Decreto Supremo No. 002-2007-TR, (2007), available from http://www.mintra.gob.pe/contenidos/archivos/prodlab/legislacion/DS_002_2007.pdf; Government of Peru, Lineamientos para la Obtención de Información y Verificación de Empresas Contratistas y Subcontratistas en el Desarrollo de Inspecciones del Trabajo a convert the subcontracted workers into direct employees. Peruvian law sets out the criteria for determining when subcontracted workers legally must be considered direct employees of the principal company.19

Creation of an independent federal labor inspection superintendency

In 2013, the Government of Peru established the National Superintendency of Labor Inspection or “Superintendencia Nacional de Fiscalización Laboral” (SUNAFIL). Prior to the establishment of SUNAFIL, there was no centralized labor inspection authority, and each region in Peru was responsible for carrying out its own labor inspections. SUNAFIL, which became operational in 2014 and is still in its formative stage, is charged with performing all functions of the MTPE related to supervision and monitoring of compliance with social and labor standards established in the General Labor Inspection Act and has centralized authority to perform these functions throughout the country, including conducting inspections and investigations and levying and collecting fines.20 Workers and workers’ organizations may also submit inspection requests to SUNAFIL alleging labor violations in specific worksites.

The need to strengthen workers’ organizations

ILAB is currently funding a project to help build the capacity of the Peruvian labor inspectorate, with a particular focus on the use of short-term employment contracts and subcontracting (see section IV.B.1.d.3)).

Strengthened inspections, however, have only limited effectiveness if workers do not know their rights and how to exercise those rights. There is a need to build the capacity of workers’ organizations to effectively assist their constituents to identify abusive short-term employment contracting and unlawful subcontracting, and to productively engage with employers and the government to address identified problems. This is a particularly opportune time to make sure that workers’ organizations and, by extension, workers have current information about the labor inspection system since the Government of Peru recently launched SUNAFIL, replacing the previous decentralized system.

II. Award Information

A. Award Type and Amount

Funding will be provided in the form of a cooperative agreement. Approximately $1 million is expected to be available to fund approximately one award. You may apply for a ceiling amount of up to $1 million total costs. Awards made under this FOA are subject to the availability of Federal funds. In the event that additional funds become available, we reserve the right to use such funds to select additional recipients from applications submitted in response to this FOA.

ILAB’s involvement in program activities will focus on elements that are essential to meet program requirements and assure achievement of program objectives. ILAB involvement will include:

Designating key personnel positions and approving key personnel;

Collaborating with the recipient in order to refine the project strategy, the baseline survey and follow-up or endline survey methodology, the project performance indicators, and to develop a Performance Monitoring Plan (PMP);

Nivel Nacional, Directiva No. 003-2007/MTPE/2/11.4, (2007), available from http://www.mintra.gob.pe/archivos/file/SNIL/normas/2007-09-28_003-2007-MTPE-2-11.4_2987.pdf.

19 Reglamento de la Ley 29245y del Decreto Legislativo No. 1038, Que Regulan los Servicios de Tercerización, Article 5.

20 However, the MTPE’s Regional Directorates of Labor and Employment Promotion (Direcciones Regionales de Trabajo y Promoción del Empleo) retain authority to inspect micro-enterprises, defined as those enterprises with between one and ten employees in their official registry.

Monitoring project implementation through work plans, progress reports, evaluations, attestation engagements, site visits or conference calls with the recipient; and

Approval of deliverables outlined in the cooperative agreement and Management Procedures and Guidelines (MPG).

B. Period of Performance

The period of performance is a minimum of two years (24 months) and a maximum of three years (36 months) from the effective date of the award. This performance period includes all necessary implementation and start-up activities.

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 (PIO) (s), capable of successfully fulfilling the objectives identified in the Funding Opportunity Description (see Section I) is eligible to apply. In negotiating an award with a PIO, ILAB will discuss the inclusion of appropriate language in the agreement acknowledging the rights and privileges as currently established and afforded to PIOs by the U.S.

Government in accordance with U.S. law.

The following types of organizations are not eligible to apply nor to participate as subrecipients/contractors:

Organizations designated by the U.S. Government to be associated with terrorism.

Organizations designated by the U.S. Government to have been debarred or suspended.

Organizations planning to charge a fee (profit) associated with a project funded by DOL under this award.

In addition, foreign governments and entities that are agencies of, or operated by or for, a foreign state or government, are not eligible to apply.

B. Cost Sharing or Matching

Cost sharing or matching funds are not required for this program. Applications that include any form of cost sharing or match will not receive additional consideration during the review process. Cost sharing or match is not one of the application screening criteria.

C. Other Information

1. Application Screening Criteria

You should use the checklist below as a guide when preparing your application package to ensure that the application has met all of the screening criteria. Note that this checklist is only an aid for Applicants and should not be included in the application package. We urge you to use this checklist to ensure that your application contains all required items. If your application does not meet all of the screening criteria, it will not move forward to the merit review process.

Application Requirement Instructions Complete?

The deadline submission requirements are met Section IV.B.3.a.

If submitted through Grants.gov, the components of the application are saved in any of the specified formats and are not corrupt.

(We will attempt to open the document, but will not troubleshoot any problems related to opening files.)

Section IV.B.3.c.

Application does not exceed the ceiling amount of $1 million total costs

Section II.A.

Applicant has registered with SAM and maintains an active account

Section IV.B.2.a.

Completed and signed SF-424, Application for Federal Assistance

Section IV.B.2.c.

SF-424A, Budget Information Form Section IV.B.2.d.

Technical Proposal Section IV.B.1.

Attachments to Technical Proposal Abstract Table of Contents Graphical Representation of Project

Interventions (e.g., logic model, results framework)

Work Plan Past Performance References Evidence of Government Support and/or

Country Presence Project Management Organizational Chart Key Personnel Signed Commitment Letters

(1) Résumés or CVs of Key Personnel (1) Audit Documentation

Section IV.B.1.e.

Outputs based budget and budget narrative Section IV.B.2.e.

2. Number of Applications To Be Submitted

Multiple applications from an organization are not allowed. If multiple applications are received, the most recent application submitted will be accepted. If the most recent application is disqualified for any reason, we will not replace it with an earlier application. Applicant entities are not precluded from participating as partners on another entity’s application.

IV. Application and Submission Information

A. How to Obtain an Application Package

This FOA, found at www.Grants.gov, contains all of the information needed to apply for funding.

Applicants should note that it includes hyperlinks to external forms and resources. Applicants are required to comply with all parts of the FOA, including those parts found at the hyperlinks.

B. Content and Form of Application Submission

Applications submitted in response to this FOA must consist of two separate and distinct parts: (1) a Technical Proposal, including attachments; and (2) a Cost Proposal, including the SF-424 “Application for Federal Assistance” and related forms identified below. It is your responsibility to ensure that the funding amount requested is consistent across all parts of the application. If the funding amount is not consistent, the amount requested on the SF-424 will be considered for the purpose of the award.

1. Technical Proposal

All pages of the application must be numbered. All required documents (including attachments) must be submitted in English. Any additional documentation submitted that is not required or specifically requested under this announcement will not be considered during the merit review process. Technical Proposals must be no more than 40 single-sided, double-spaced pages (8-1/2” x 11” with 1” margins). If any page limits required by this FOA for any part of the application are exceeded, the content that exceeds the page limit will not be considered during the merit review process. Font style must be Times New Roman and font size must be no less than 12-point. The Abstract, Table of Contents, and other required attachments do not count toward the page limit. Different fonts and font sizes may be used for tables, text boxes, and graphics. Please see section IV.B.3.c. for the file format requirements for electronic submissions.

The following instructions provide all of the information needed to complete the Technical Proposal.

Applicants should carefully read and consider each section, and include all required information. The Technical Proposal will be evaluated using the evaluation criteria identified in Section V.A. You must use the same section headers identified below for each section of the Technical Proposal:

a. Abstract (Executive Summary)

You must submit as an attachment an abstract summarizing the proposed project, including, but not limited to, the scope of the project and proposed outcomes. The description of the proposed project must include the Applicant’s name, project title, a description of the area to be served (if applicable), number of participants to be served (if applicable), the total cost per participant (if applicable), and the funding level requested. The Abstract is limited to two double-spaced single sided 8.5x11 inch pages with 12 point text font, Times New Roman font style, and 1 inch margins. When submitting in grants.gov, this document must be uploaded as an attachment to the application package and specifically labeled “Abstract.”

b. Table of Contents

The Table of Contents must list all required documents and include their corresponding page numbers.

c. Project Narrative

The Project Narrative must describe in detail the Applicant’s response to the FOA. At minimum, the Project Narrative must contain the following sections:

1) Statement of Need

Applicants should describe, in both quantitative and qualitative terms, the need for assistance, including the nature and scope of the problems, and the consequences of not addressing the need.

Include relevant cultural, economic, social, labor and legal factors contributing to the problem.

Applicants must identify significant gaps in laws, policies, programs and coordination efforts that contribute to the identified problem and that need to be filled by the project.

2) Objectives and Expected Outcomes

The Applicant’s Objectives and Expected Outcomes section should clearly identify specific objectives that address the challenges identified in the Statement of Need and are ambitious but realistic given the implementing environment, scope of the problems to be addressed, and proposed budget. The Applicant should also identify expected outcomes resulting from achievement of the identified objectives that are specific and related directly to the objectives.

The goal of the project is to build the capacity of workers’ organizations to effectively engage with their constituents, employers, and the government to address abusive short-term employment contracts and unlawful subcontracting. The project will accomplish this goal by achieving the following objectives.

Objective 1: Improved education of workers regarding their rights with respect to short-term employment contracts and subcontracting. The following is a list of outcomes that may indicate successful achievement of this objective:

Workers in non-traditional export sectors know their rights under international labor standards and Peruvian law with respect to short-term employment contracts and subcontracting.

Workers in non-traditional export sectors know about enforcement mechanisms available to address abusive short-term employment contracts and unlawful subcontracting, including SUNAFIL’s roles and responsibilities.

Workers’ organizations or other civil society organizations conduct more effective, higher quality educational workshops, seminars, and events.

Objective 2: Improved representation of workers before employers and the government to address abusive short-term employment contracts and unlawful subcontracting. The following is a list of outcomes that may indicate successful achievement of this objective:

Workers’ organizations improve their ability to conduct analysis on potential violations of workers’ rights regarding short-term employment contracts and subcontracting, including collection of data on alleged violations.

Workers’ organizations engage in more effective dialogue with employers, MTPE, and SUNAFIL to address abusive short-term employment contracts and unlawful subcontracting.

Workers’ organizations file inspection requests on behalf of workers alleging labor violations at specific worksites, including the abusive use of short-term contracts or illegal use of subcontracts.

Workers’ organizations systematically track and ensure that workers’ inspection requests are completed.

3) Targets

Applicants must describe the target populations that are to be direct or indirect beneficiaries of the project (see Appendix B for definitions of direct and indirect beneficiaries). Applicants must provide initial criteria for selection of potential project beneficiaries, if applicable. Applicants must also provide a justification for their selection of a target geographical area(s), as applicable.

Applicants must describe how target populations and/or geographic areas reflect the problem to be addressed and the overall strategy being proposed by the Applicant.

4) Project Interventions

Applicants should outline a project strategy that fully responds to the project’s purpose, i.e., achieve the goal discussed in Section I.A. and objectives and expected outcomes discussed in Section IV.B.1.c.2). The project strategy should present a clear, causally sound, theory of change presented in explicit “if…then” hypotheses between proposed project interventions and desired results. The Applicant’s description of the project strategy should:

Explain/depict the causal relationships and flow of inputs to activities, activities to outputs, outputs to outcomes (short term, intermediate, and long term), and the overall objectives and goals. If available, note any applicable research that establishes evidence of a causal relationship or correlation between each intervention and its expected outcome;

Fully justify proposed interventions by explaining their purpose and the problems they are intended to address. Proposed interventions, including the activities and outputs that comprise them, should be fully described and should be ambitious but realistic given the implementing environment, scope of the problems to be addressed, and proposed budget.

Demonstrate knowledge of political, gender, cultural, or other traditions and norms pertaining to and impacting the interventions proposed in the target sectors, including how these issues will be considered while implementing project activities.

Consider long-term sustainability of all efforts in the design of the proposal.

Identify critical assumptions supporting the causal relationships that are outside the project’s control, that must hold for the project’s strategy to succeed, and the likelihood of them holding; and

Recognize possible external factors and their potential influence on the project and expected outcomes.

The logical cause and effect relationships of the proposed strategy must not only be presented clearly in narrative format but also in graphic form, such as in a logic model, results framework, or other diagram or chart.

A template of the results framework used by OTLA in project documents is provided in the

OTLA MPG.

Applicants should propose a strategy that empowers workers’ organizations to identify workers’ rights violations with respect to short-term employment contracts and subcontracting and to effectuate change through improved education and representation. The following is an illustrative list of outputs and activities that could be included in this project in order to support realization of the identified outcomes. Applicants are expected to explain how they will track and measure outputs and outcomes. Applicants are encouraged to propose additional or alternative activities, outputs and outcomes as appropriate to their proposed strategies.

Objective 1: Improved education of workers regarding their rights with respect to short-term employment contracts and subcontracting.

Develop a plan and establish a system or network for identifying workers who are currently subject to or at-risk of abusive forms of short-term employment contracting or unlawful subcontracting.

Produce and distribute informational, educational, and communication materials that inform workers about their rights.

Develop and implement training manuals and/or standard operating procedures for staff of workers’ organizations on how to conduct educational events for workers.

Produce and distribute informational, educational communication materials that educate workers on new legislation around short-term employment contracts and subcontracting, the various forms of short-term contracting and subcontracting schemes and their legal parameters and applicability, and available enforcement mechanisms.

Objective 2: Improved representation of workers before employers and the government to address unlawful subcontracting and abusive short-term employment contracts.

Develop and implement training manuals and/or standard operating procedures for staff of workers’ organizations on how to file an inspection request on behalf of workers alleging the abusive short-term employment contracts and/or unlawful use of subcontracting.

Create and implement a tool (e.g., computer database, paper file system) to systematically track and maintain information on allegations and labor rights violations related to short-term contracts and subcontracting.

Develop and implement a training program to strengthen the negotiating and dispute resolution skills of those representing workers to employers or the government regarding short-term employment contracts and subcontracting.

5) Work Plan

The Work Plan must identify major project activities, deadlines for completing these activities, and person(s) or institution(s) responsible for completing these activities for the entire life of the project. The Work Plan must be included as an attachment and correspond to activities identified in the Project Interventions section. Applicants may choose an appropriate format for their work plan (sample provided in the MPG).

6) Proposed Performance Indicators and Monitoring & Evaluation (M&E) Capacity

Statement

Applicants must describe their commitment to M&E and their capacity and approach to deliver the M&E requirements described in this FOA. These requirements include baseline and follow-up surveys, the PMP, development and implementation of a data collection system to systematically collect and report on the data necessary to measure achievement against the performance indicators and to analyze results, collaboration on externally conducted midterm and final evaluations, impact evaluations (if required), and performance reporting. Applicants may use their own staff, a partner organization, or a sub-contractor to carry out these activities (or components of these activities). Applicants must describe in the capacity statement how they will carry out these activities and ensure high quality data and deliverables. Applicants also should briefly address how they will safeguard all project data, particularly any personal data on beneficiaries.

Applicants must confirm in their proposal their commitment to collaborate with DOL in developing the project’s PMP. The PMP is a tool to integrate and guide the project’s monitoring, evaluating, and reporting on the project’s progress toward achieving intended results and outcomes. See OTLA MPG for PMP and Data Tracking Table templates that must be used by the recipient.

While development of the PMP will occur after award, Applicants must include proposed performance indicators as part of their proposal. The following is a list of OTLA’s common indicators for technical assistance projects; Applicants must incorporate any of the following indicators that are appropriate to their project design.

Number of targeted labor ministries implementing a strategy and/or action plan to enforce labor legislation (and/or to inspect worksites), resulting from DOL-funded project.

Number of targeted government personnel that demonstrate improvement in technical skills from pre- to post-training assessments.

Number of targeted government partners that implement inspections or deliver other important government services using improved tools or resources from a DOL-funded project and/or direct technical assistance.

Number of targeted workers’ organizations and/or civil society organizations with improved strategic and/or management functions.

Number of targeted workers’ organizations and/or civil society organizations with improved capacity for advocacy, organizing and collective bargaining.

Number of targeted workers’ organizations and/or civil society members with improved understanding of workers’ rights and related issues.

DOL will review the proposed performance indicators to assess the extent to which the proposed indicators are necessary and sufficient to measure progress toward the project objectives. DOL will work with the recipient to refine those indicators, finalize them, and set targets after the award is made during the development and finalization of a PMP.

The Applicant’s M&E section must also include a description of how the work plan will be monitored and reported upon, how deviations from the work plan will be addressed, and, if applicable, special considerations for the externally-managed implementation evaluations to occur at the project’s mid-point and end-point.

d. Organizational Capacity

This section must describe the qualifications of the proposed Applicant and/or any proposed subrecipient to implement the project.

1) International and U.S. Government Grant and/or Contract Experience

Applicants must describe in the Past Performance attachment any experience they have with implementing projects relevant to this FOA and provide references for past performance. No more than a total of six (6) references/projects for the primary Applicant and proposed subrecipients combined should be provided (see Appendices for a sample format). References must be included for the Applicant and proposed subrecipients providing services related to project interventions (see Section IV.B.1.c.4)), and Applicants should prioritize references for the primary Applicant and their primary subrecipients. Projects included in the Past Performance Table must have been active within seven years of the issuance date of the FOA.

2) Country Presence and Host Government Support

Applicants must describe their organization’s (or subrecipients’) existing presence and ability to start up project activities in the target area(s) upon receiving an award (see Section IV.B.1.d.3)) for more information on partners). Applicants should also discuss their ability to work directly with relevant government agencies and NGOs, including local organizations and community based organizations, and their past experience working with these stakeholders. Applicants must submit supporting documentation to demonstrate country presence and/or outreach to the host government (including the Ministry of Labor and any ministries from which the host government requires approval to implement activities related to this announcement).

Applicants must also collaborate with relevant government agencies in each country, including at a minimum MTPE and SUNAFIL.

Any documents that demonstrate country presence and/or corroborate host government support must be included as an attachment to the Technical Proposal. Documentation may include official registration of the Applicant’s organization in the host country, a current Memorandum of Understanding between the Applicant and the host government, or letters of support for the proposed project from the national, regional, and/or local governments.

This project is intended to address the capacity of workers’ organizations in Peru. The FOA states that this work is to be performed in Peru; however, if ILAB and the recipient(s) determine that performance in Peru has become impossible as a result of withdrawal of host country government support for the project, ILAB and the recipient(s) may confer to determine whether it is desirable and feasible to implement the project in a different country in the Americas. This determination will necessitate findings that: 1) based upon available research, the project, as it is described in this document, is warranted to address the capacity of workers’ organizations in the newly identified country; 2) ILAB and the recipient(s) can obtain support from the new proposed host country government to implement the proposed project; and 3) the recipient has the capacity to implement the project in the proposed country within the legally permissible timeframe for implementation of the project. If ILAB and the recipient are unable to make these findings and mutually agree on a modification to the award(s) to implement performance in another country in the Americas, either ILAB or the recipient may seek to have the award suspended or terminated pursuant to the applicable termination clauses.

3) Partners

Applicants must describe their approach for working with other organizations in the target country to advance the goals and objectives of the project. Applicants may demonstrate this approach in their proposal by describing established partnerships, including with local organizations that have capacity and experience working on issues related to the objectives of the project. Applicants that propose such project implementation partners must include a brief description of such partners, including a description of the project partners’ role in implementing the proposed project strategy and how this approach will strengthen the overall proposal.

Applicants without such established partnerships must propose an approach that they will pursue for working with other organizations, which could include formal partnerships or informal collaborations, to advance the objectives of the project. Applicants must describe how this approach will strengthen the overall proposal.

In designing the project strategy, Applicants should consider existing policies and programs relevant to efforts to strengthen workers’ organizations in Peru, including those established by other international organizations, government, private sector and civil society organizations.

Where applicable, Applicants should give priority to working with and supporting any effective, already-existing efforts to strengthen workers’ organizations. The Technical Proposal must identify a list of stakeholders with whom the project will coordinate actions and clearly explain the project’s relationship with those stakeholders, how those stakeholders will be involved in the project, and any activities in which stakeholders shall participate. In particular, the project must work closely with the MTPE and SUNAFIL to ensure that workers’ organizations and their workers have up to date and accurate information on enforcement mechanisms. The project must also collaborate with ILAB’s Building the Capacity of the Labor Inspectorate project, which is being implemented by Capitol Humano y Social Alternativo (http://www.chs-peru.com/), to contribute to SUNAFIL’s ongoing documentation of labor violations.

4) Management Plan

Applicants must discuss their project’s Management Plan, including a narrative description of the structure of the project’s management team, key personnel roles and responsibilities, and the lines of authority between key personnel and other project staff responsible for providing services related to project intervention. If other professional personnel are proposed, their role should be explained in the management plan. If any of the project’s personnel would be employed by a subrecipient, the Applicant must provide a rationale for this arrangement and an explanation of the staffing structure.

Applicants must also include as an attachment a project management organization chart that provides a visual depiction of the project’s management structure and lines of authority among all key personnel, other professional personnel, and other project staff being proposed.

Applicants may choose an appropriate format for their project management organization chart.

5) Personnel

Key Personnel

Key personnel positions are deemed essential to the successful operation of the project and completion of all proposed activities and deliverables. ILAB retains the authority to approve all key personnel changes throughout the life of the award. ILAB strongly prefers that key personnel allocate 100% of their time to the project and live in the country where the project is being implemented. Applicants will need to provide a justification for any key personnel proposed that are not allocating 100% of their time to the project or not living in country. Key personnel must be employed by the recipient (not subrecipients/subcontractors). Applicants must ensure that all proposed key personnel will be available to staff the project within 45 days of award should the Applicant be selected for award.

Applicants must propose candidates with qualifications to successfully implement the proposed strategy. Applicants must address candidates’ level of competence, past experience relevant to this announcement and qualifications to execute the project strategies proposed by the Applicant.

ILAB encourages Applicants to hire national/local staff for key personnel positions.

Recipients assume full responsibility for ensuring that all key personnel have a clear and thorough understanding of DOL policies, procedures, and requirements and that all documents submitted to DOL are in fluent English.

ILAB has designated the following position(s) as key personnel. Requirements for each individual position follow:

Project Director:

Minimum of seven years of experience in project management, supervision, administration, and implementation of grant/cooperative agreement requirements (including meeting deadlines, achieving targets, and overseeing the preparation and submission of required reports to the project donor).

Experience, in a leadership role, in implementing labor and/or development projects relevant to this announcement.

Fluency in Spanish and English.

Establishes and maintains systems for project operations.

Maintains working relationships with all project stakeholders.

Applicants must include as an attachment signed letters of commitment from all proposed key personnel (as identified in this FOA) indicating their commitment to serve on the project for a stated term of service and their availability to commence work within 45 days of award.

Applicants must also submit as an attachment a résumé or curriculum vitae (CV) for each individual being proposed for each position designated as key personnel in this FOA. Applicants may submit résumés for other professional personnel being proposed in the application. Each résumé must include:

Educational background, including highest education level attained;

Work experience covering at least the last five years of employment to the present, including such information as employer name, position title, clearly defined duties, and dates of employment;

Special experience, capabilities, or qualifications related to the candidate’s ability to implement the proposed strategy and perform effectively in the proposed position; and

English and other relevant language skills, if required (includes speaking, listening, reading, writing).

Other Professional Personnel

Applicants may propose other professional personnel (other than key personnel) in their application. Applicants should hire national/local staff knowledgeable in the areas of intervention who will be responsible for implementing project activities. Applicants may submit résumés to DOL for other professional personnel. There is no required time allocation for other professional personnel.

6) Audit Documentation

Applicants must include as an attachment a copy of the opinion letter(s) and a summary of audit findings for their organization and all subrecipients. The Applicant must include a cover sheet for its audit attachments. The following audit attachments must be provided, in English, for all Applicants and proposed subrecipients:

Summary of audit findings of most recent audit;

Opinion letter of most recent audit;

Demonstration of compliance with audit submission timeframes, if applicable;

Summary of corrective actions, if applicable (including for organizations subject to the

Single Audit Act); and Upon request, Applicants will be required to submit full audit reports and/or official translations of audit reports.

If this is not applicable and/or a proposed Applicant and/or subrecipient has not had an audit, the Applicant must include a letter in the Audit Documentation Attachment explaining why.

e. Attachments

The following documents must be included with the application package and the failure to do so will cause the application package to be screened out. Those attachments listed below will be excluded from the technical proposal page limit.

Abstract Table of Contents Graphical Representation of Project Interventions (e.g., logic model, results framework) Work Plan Past Performance References Evidence of Government Support and/or Country Presence Project Management…