FOA-ILAB-22-25_.pdf

U.S. DEPARTMENT OF LABOR

Bureau of International Labor Affairs

Program Office:

OTLA

Notice of Availability of Funds and Funding Opportunity Announcement for: Supporting the Local Labor Justice System in Mexico

Announcement Type: Initial

Funding Opportunity Number: FOA-ILAB-22-25

Catalog of Federal Domestic Assistance (CFDA) Number: 17.401

Key Dates: The closing date for receipt of applications under this announcement is 11/01/2022.

Applications must be received no later than 11:59 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.

Award decisions are expected to be made between 10/16/2022 and 12/31/2022 .

The Department will make its best efforts to make award decisions within this timeframe, but please be aware that there are a variety of circumstances that may result in a later or earlier than expected award decision.

To apply: Submit applications via https://www.grants.gov/ in response to this funding opportunity number.

Please refer to Section IV for application submission instructions.

EXECUTIVE SUMMARY

The Bureau of International Labor Affairs (ILAB), U.S. Department of Labor (USDOL, or the Department), announces the availability of approximately $10 million total costs (subject to the availability of Federal funds) for one (1) cooperative agreement to fund a technical assistance project with the overarching objective to contribute to the increased effectiveness of local labor courts in Mexico to adjudicate individual and collective labor cases, including cases related to freedom of association, collective bargaining, and other fundamental rights.

The duration of the project will be a maximum of 54 months from the effective date of the award.

Eligible applicants may include any commercial, international, educational, or non-profit organizations, including any faith-based organizations, community-based organizations, or public international organizations (PIOs), capable of successfully fulfilling the objectives identified in the Funding Opportunity Description. Please see section III of this funding opportunity announcement for complete eligibility requirements.

This project will contribute to the reasoned, independent, and efficient adjudication of labor cases by local labor courts by addressing the need for comprehensive professionalization to implement Mexico’s 2019 labor law reform, increasing technical capacity among court operators1 in new courtroom procedures, and creating strong networks across states, other labor institutions, and the public to share information, best practices, and lessons learned. The project must be designed to achieve two or more outcomes that are considered both necessary and sufficient to achieve the project objective, and substantially contribute to the desired long-term impact(s).

Increased capacity of local labor courts to adjudicate labor law cases equitably and efficiently.

Strengthened networks among local labor courts, other labor institutions2, and the public lead to an equitable and efficient local labor court system.

Applicants selected for award will be required, within the first six months of award, to carry out additional in-country needs assessments and consultations with partners and relevant stakeholders to assess and identify gaps, risks and opportunities, analyze stakeholder capabilities and interests, understand potential harm and refine and/or validate the proposed project design, including performance indicators and targets, risk mitigation and sustainability strategies. All post-award refinements to the project strategy will be subject to approval by USDOL.

EXECUTIVE SUMMARY

I. FUNDING OPPORTUNITY DESCRIPTION

A. PROGRAM PURPOSE

B. PROGRAM AUTHORITY

C. 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

TABLE OF CONTENTS

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. INTELLECTUAL PROPERTY RIGHTS

F. 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

4. Other Legal Requirements

5. Other Administrative Standards

6. Special Program Requirements

C. REPORTING

1. Quarterly Federal Financial Report (SF 425, FFR)

2. Semi-Annual Technical Progress Reports

3. Final Technical Report

4. Indirect Cost Rates

5. Closeout Reports

VII. AGENCY CONTACTS

VIII. OTHER INFORMATION

A. OMB INFORMATION COLLECTION

IX. APPENDICES

APPENDIX A: Acronyms

APPENDIX B: Definitions

APPENDIX C: Relevant Grant and/or Contract Experience

APPENDIX D: Requirements for Application Submission

APPENDIX E: Past Performance Questionnaire

APPENDIX F: List of Standard Indicators

APPENDIX G: Sustainability Strategy Template

ENDNOTES

I. FUNDING OPPORTUNITY DESCRIPTION

A. PROGRAM PURPOSE

ILAB leads the U.S. Government’s (USG) efforts to improve working conditions and fight labor exploitation around the world. ILAB’s mission is to promote a fair global playing field for workers in the United States and around the world by enforcing trade commitments, strengthening labor standards, and combating international child labor, forced labor, and human trafficking. ILAB’s Office of Trade and Labor Affairs (OTLA) works to make sure that U.S.

trade partners fulfill their promises and play by the rules, and that American workers are able to compete on a level playing field by negotiating strong labor provisions in trade agreements and preference programs, monitoring for compliance, enforcing trade agreement and preference program commitments, and sharing technical expertise. See ILAB’s webpage for additional information: https://www.dol.gov/agencies/ilab.

This FOA solicits applications to implement one (1) project with the objective of supporting local labor courts in Mexico.

This project will contribute to the reasoned, independent, and efficient adjudication of labor cases by local labor courts by addressing the need for comprehensive professionalization to implement Mexico’s 2019 labor law reform, increasing technical capacity among court operators1 in new courtroom procedures, and creating strong networks across states, other labor institutions, and the public to share information, best practices, and lessons learned. The project must be designed to achieve two or more outcomes that are considered both necessary and sufficient to achieve the project objective, and substantially contribute to the desired long-term impact(s).

Increased capacity of local labor courts to adjudicate labor law cases equitably and efficiently.

Strengthened networks among local labor courts, other labor institutions2, and the public lead to an equitable and efficient local labor court system.

Applicants selected for award will be required, within the first six months of award, to carry out additional in-country needs assessments and consultations with partners and relevant stakeholders to assess and identify gaps, risks and opportunities, analyze stakeholder capabilities and interests, understand potential harm and refine and/or validate the proposed project design, including performance indicators and targets, risk mitigation and sustainability strategies. All post-award refinements to the project strategy will be subject to approval by USDOL.

A. PROGRAM PURPOSE

This announcement is for the award of one 1 new cooperative agreement with the specific project objective and outcomes outlined in this FOA. As such, applicants may not submit applications to renew or supplement an existing project.

B. PROGRAM AUTHORITY

ILAB is authorized to award and administer grants and cooperative agreements by the USMCA Supplemental Appropriations Act, 2019 (Pub. L. 116-113, title IX) to implement technical assistance to support reforms of the labor justice system in Mexico.

C. BACKGROUND INFORMATION

On May 1, 2019, Mexico enacted a historic labor law reform to implement the Constitutional reform adopted in 2017 that aims to transform the labor justice system into a more transparent and impartial system that would better protect freedom of association and collective bargaining rights. The reform transfers the responsibility for adjudicating labor disputes from Conciliation and Arbitration Boards (CABs) to new labor courts at the federal and local levels. The creation of labor courts addresses a long-standing concern about the composition and operation of the CABs. The labor law reform also fulfilled Mexico’s commitment to enact specific legislation to effectively recognize the right to collective bargaining under the U.S.-Mexico-Canada Agreement (USMCA) Labor Chapter Annex.

Responsibility for enforcing new labor laws is shared between the federal government and state governments. In Mexico, the Constitution and the Federal Labor Law (FLL) provide exclusive federal enforcement jurisdiction for conditions of work, education and training, and safety and health across 22 industrial sectors and services and three types of enterprises, as well as in matters affecting two or more states. All other labor law enforcement is reserved for the states. State departments of labor enforce labor laws at the state level, Local Conciliation Centers carry out pre-judicial conciliations, and local labor courts adjudicate individual and collective labor disputes that do not fall under federal jurisdiction3.

Mexico is implementing the reform in three phases, opening offices of the new labor courts, the Federal Center, and local conciliation centers, in each of Mexico’s 32 states over the course of three years. Phase 1 launched labor court operation in eight states on November 18, 2020, and Phase 2 launched operations in 13 states on November 3, 2021. Phase 3 states are scheduled to launch on October 3, 2022. As of November 2021, the government of Mexico reported the state-level labor courts in operation had received 14,609 cases involving individual labor disputes, and 177 cases involving collective labor disputes, two of which have had final judgments issued.

II. AWARD INFORMATION

A. AWARD TYPE AND AMOUNT

Funding will be provided in the form of a cooperative agreement. Approximately $10,000,000 total costs is expected to be available to fund approximately one (1)award.

Applicants may apply for a ceiling amount of up to $10,000,000 total costs. Awards made under this announcement are subject to the availability of federal funds. In the event that additional funds become available, USDOL reserves the right to use such funds to select additional recipients from applications submitted in response to this announcement.

In addition to its normal consultative role as grantor, ILAB’s substantial involvement in program activities may focus on elements that are essential to meet program requirements and ensure achievement of program objectives and outcomes. ILAB’s involvement may include, but not be limited to:

Liaising with in-country USG officials and host country governments on matters related to the project.

Collaborating substantially on the project strategy and implementation, as well as the development of the project document package.

Collaborating substantially on the development and implementation of the monitoring and evaluation plan and all of its components.

Providing highly specialized input on the technical definitions and concepts of workers’ rights, international labor standards, occupational safety and health (OSH), industrial relations, social dialogue, collective bargaining, freedom of association, acceptable conditions of work, stakeholder compliance, non-discrimination, labor courts, labor administration, labor inspection, labor law and judicial reform, legal and policy frameworks, child labor, forced labor, human trafficking, and effective enforcement, among others.

Being substantially and actively involved in designing research, service provision, and/or capacity building activities jointly with the recipient.

Reviewing and providing input on project’s planning for sustainability and collaborating to promote sustainability of project efforts, including through replication of good practices.

B. PERIOD OF PERFORMANCE

The period of performance is a maximum of 54 months from the effective date of the award.

This performance period includes all necessary implementation and start-up activities. Only allowable costs incurred during the period of performance may be charged to the federal award (2 CFR 200.1 Period of performance).

III. ELIGIBILITY INFORMATION

A. ELIGIBLE APPLICANTS

The following organizations are eligible to apply:

U.S. organizations:

o Nonprofits, including any faith-based organizations or community-based organizations o Public/State Controlled Institutions of Higher Education o Private Institutions of Higher Education o For-Profit organizations

Non-U.S. organizations:

o Non-U.S. Entities, including PIOs, as escribed in 2 CFR 200.1.

Applicants selected for award must abide by DOL's requirements in the term and conditions of the award, in alignment with U.S. appropriation laws and applicable U.S. regulations.

Applicants do not need previous experience managing federal awards, but they must speak persuasively about their ability to leverage other previous experience and bring it to scale in support of a large federal investment.

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 a USDOL award.

Foreign governments and entities that are agencies of, or operated by or for, a foreign state or government are not eligible to apply. However, they may be eligible to participate as a subrecipient in certain instances, subject to USDOL approval. NOTE: If an exception to this subrecipient eligibility criterion might be appropriate, the application must include a detailed justification for the possible exception. USDOL funds are not intended to duplicate existing foreign government efforts or substitute for activities for which such governments have already assumed responsibility. USDOL will make eligibility decisions on a case-by-case basis after receiving the application.

B. COST SHARING OR MATCHING

This program does not require cost sharing or matching funds. Including such funds is not one of the application screening criteria and applications that include any form of cost sharing or match will not receive additional consideration during the review process. Instead, the agency considers any resources contributed to the project beyond the funds provided by the agency as leveraged resources. Section IV.B.2 provides more information on leveraged resources.

C. OTHER INFORMATION

1. Application Screening Criteria

Use the following checklist as a guide when preparing the 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. It is recommended to use this checklist to ensure that the application contains all required items. If the application does not meet all of the screening criteria, the application will not move forward to the merit review process.

Application Requirement Instructions Complete?

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

Eligibility Section III.A

The components of the application are saved in any of the specified formats and are not corrupt. (USDOL will attempt to

IV.B.3.b.

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 by the deadline will be accepted. If the most recent application is disqualified for any reason, USDOL will not replace it with an earlier application.

Applicants 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.

open documents, but will not troubleshoot any problems related to opening files)

Application does not exceed the ceiling amount of $10M total costs

Section II.A

Applicant has registered with the System for Award Management (SAM) and maintains an active account

IV.B.2.a

Completed and signed SF-424, Application for Federal Assistance, including a Unique Entity Identifier Number

IV.B.2.b

SF-424A, Budget Information Form

IV.B.2.c

Technical Proposal

IV.B.1

Attachments to Technical Proposal Abstract Evidence of Government Support Work Plan Sustainability Strategy Template Relevant Grant and/or Contract Experience Evidence of Country Presence Key Personnel Signed Commitment Letters (2) Resume for Key Personnel (2) Resume for Other Required (1) Professional

Personnel (1) Project Management Organizational Chart

IV.B.1.e

Outcome-Based Budget

IV.B.2.d.

Budget Narrative

IV.B.2.d.

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 as follows. It is the applicant’s 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

Applicants should use their technical expertise to propose how to meet the requirements of the FOA and must provide justification for their choices based on evidence, analysis of contextual opportunities and constraints, and available resources within the requirements of the FOA.

Applicants must include specific citations to the evidence used to support their proposed project strategy. If there is limited evidence to support the proposed intervention(s), applicants may propose to pilot an innovative approach but must include and describe a plan for monitoring and assessing the effectiveness of the intervention(s).

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 50 single-sided, double-spaced pages (8.5 x 11 inches with 1-inch 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 12-point. The Cover Page, Acronyms List, Table of Contents, required attachments to the Technical Proposal, and the Cost Proposal do not count toward the page limit and do not have any spacing restrictions. Different fonts and font sizes may be used for tables, text boxes, and graphics. However, it is the applicant’s responsibility to ensure that they are legible and meet electronic submission requirements. Documents which cannot be read or accessed by the Department will not be considered during the merit review process. Please see section IV.B.3. for the file format requirements for electronic submissions.

The following instructions provide all 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, Application Review Information. Applicants must use the same section headers identified in this FOA for each section of the Technical Proposal:

a. Abstract (Executive Summary) Applicants must submit as an attachment an abstract summarizing the proposed project including, but not limited to, the Theory of Change, the project objective, proposed outcomes, outputs, and activities. The abstract should describe the proposed project in plain language and include the following sections:

1. Applicant's Name and Title for the Project. The applicant's name and title for the proposed project.

2. Purpose. A brief description of the purpose for the award, including a description of the geographic area to be served (if applicable), population(s) to be served (if applicable), number and description of individuals, groups and institutions to be served (if applicable), and the funding level requested.

3. Activities to be Performed. A brief description of award specific activities and other deliverables.

4. Expected Outcomes. The project objective, proposed outcomes, and outputs.

5. Intended Beneficiaries. Intended beneficiary(ies) or recipient(s) of the project activities.

6. Sub-recipient Activities. If sub-awards are proposed, then specify the activities to be provided and the name of each proposed sub-awardee, if known.

The abstract is limited to two double-spaced single sided 8.5 x 11-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. Problem Analysis (up to 5 points)

a) Scope of the Problem (2 points): Applicants will be evaluated based on the extent to which their analysis demonstrates a systemic understanding of the worker rights problem that the proposed project is designed to address. Applicants must describe in both quantitative and qualitative terms the need for assistance, including the nature, scope and root causes of the problem, and the consequences of not addressing the need.

The analysis must reflect all the relevant conditions that are holding the problem in place, complicating or reinforcing it, including relevant cultural, economic, social, demographic, technological, historical, political, or environmental factors contributing to the problem. The problem analysis must demonstrate a cogent assessment of the boundaries of the “system” the project is seeking to transform, identify specific leverage points (transforming structures or processes) within the system that could drive change with respect to the problem, how they interact with one another and any related factors or barriers to change. Applicants must identify significant gaps in laws, policies, programs, and coordination efforts that contribute to the identified problem and that need to be addressed.

b) Population / Institutions Served (2 points): The analysis must include discussion of specific actors within the system (individuals, groups, institutions, coalitions, or networks) that have influence and/or interest in addressing the problem, giving particular attention to underserved, underrepresented, and historically marginalized communities or groups. This discussion should clearly describe how the targeted population(s) to be served in the project will meet the requirements of this FOA by increasing their access to and/or demand for services, benefits, protections or programs associated with improved workers’ rights. The analysis must address considerations of harm and equity sufficient to demonstrate the applicant’s understanding of how the problem affects different groups, with particular attention to gender and racial equity.

For projects involving institutional strengthening, the problem analysis should clearly describe institutional barriers (or “pain points”) encountered by the target population(s) in accessing services, benefits, protections or programs associated with improved workers’ rights. The problem analysis must be supported by relevant empirical data, including citations.

c) Proposed Geographic Scope (1 points): The applicant must identify and provide a justification for the proposed target service area(s) and the number of individuals and institutions/groups that the applicant expects to serve. Applicants may choose one or more of the following scopes: local (municipal or provincial), regional (contiguous area within country), sectoral or supply chain (within country), national, multi-country (contiguous or non-contiguous), industry or supply chain (regional or global). Within the chosen geographic scope, applicants must identify the specific site(s) where awarded applicants will implement project interventions.

2. Project Design (up to 30 points)

a) Project Strategy and Sustainability Strategy (up to 25 points) The applicant's Project Strategy and Sustainability section will be evaluated based on its responsiveness to the unmet need described in its Problem Analysis. The project-level objective is to contribute to the increased effectiveness of local labor court operations in Mexico to adjudicate individual and collective bargaining labor cases.

In support of achieving the objective, the project should be designed to achieve the following outcomes:

Increased capacity of local labor courts to adjudicate labor law cases equitably and efficiently.

Strengthened networks among local labor courts, other labor institutions, and the public lead to an equitable and efficient local labor court system.

Some of the biggest challenges related to Mexico’s implementation of the labor reform continue to be at the state level, where states face varying levels of capacity will affect how quickly local labor courts are able to administer justice. Federal judges have received training from both the government of Mexico’s federal judiciary4 and external sources, including the USG. Most states have largely relied on federal subsidies to operationalize local labor courts but no additional resources or support have been provided5. The federal government's position is reportedly that the local labor court reform is reserved for the states to implement.

States have developed their own professionalization opportunities, partnering with academic institutions and national organizations where possible. As the third and last phase of the labor law implementation approaches6, more professionalization is needed, both on the substance of the requirements of the labor law reform and new administrative procedures, such as managing oral proceedings. Successful approaches would consider the lessons learned from states in the first and second phases, identify additional challenges and their solutions.

The professionalization of labor court operators is key to a well-functioning court system7. The efficient administration of labor justice8 depends on its operators having clarity on the FLL, particularly Article 685 Ter9, which lists the types of cases that are not subject to the otherwise mandatory pre-court conciliation process managed by the local conciliation centers. This includes cases dealing with collective bargaining and fundamental rights, such as freedom of association and forced labor. Applicants should focus on these key areas of labor law, using case studies and experts outside of Mexico where necessary.

Oral proceedings are also a new process in this new labor court system. Previously, cases sent to the CABs were processed largely on paper, with decisions taking an average of four years10. Article 685 of the FLL stipulates that labor court hearings must be “public, free, predominantly oral, and conciliatory11.” Labor judges are now responsible for managing the oral court proceedings, a process that is largely new to labor court judges in Mexico. The judiciary has expressed interest in court management training for judges, and successful interventions would provide judges and court staff with interactive training on how oral proceedings are carried out, particularly regarding cases related to freedom of association, labor strikes, collective bargaining, and discrimination at work. According to data provided by the Consejo de Judicatura Federal12 the average time cases now spend in the labor court system is 4.5 months, a reduction that is attributed to the oral nature of the proceedings.

Increased capacity in the key areas included in this section will mean future rulings are consistent with the rule of law and adjudicated in an efficient manner, leading to increased trust by workers and others who access the labor justice system.

Applicants must propose a strategy, to achieve the project-level objective and expected outcomes stated above. Applicants may suggest additional outcomes they deem necessary to achieve the project-level objective and a rationale for how they contribute to the achievement of the project’s overall objective.

Applicants must describe all major areas of project intervention. In describing project interventions, applicants are expected to describe specific outputs and activities and how such activities should logically lead to the project’s expected objective and outcomes in an interrelated and holistic manner. Applicants must demonstrate how their proposed strategy will address gaps identified in the problem analysis, identify any potential barriers, and describe how the project will work to overcome those barriers. Applicants must provide evidence of the effectiveness of their proposed strategy.

In addition, applicants must clearly describe in their proposed strategy how they will integrate sustainability into their project strategy, beginning in the early stages of project implementation (please see Appendix B for a definition of sustainability). Applicants are not required to develop an integrated sustainability strategy for every outcome and sub-outcome proposed, but rather, only where appropriate and needed to maximize long term impact. Applicants shall use the Sustainability Strategy Template (please see Appendix G) to show how they plan to build sustainability into their design for applicable outcomes/elements. Successful applicants will have an opportunity to update and elaborate on this template post-award.

As part of their strategy, applicants must undertake an initial assessment of any unique needs of the most at risk and vulnerable groups and describe how any identified needs will be addressed.

Expected Outcomes The overarching project objective is to contribute to the increased effectiveness of local labor court operations in Mexico to adjudicate individual and collective labor cases. The project’s contribution to long-term trade and development impacts shall be measured by impact-level indicators (to be finalized in consultation with USDOL after award):

Proportion of (working age) population satisfied with their last experience with their local labor court(s) (SDGi 16.6.213); and

# or % of surveyed labor judges who report citing the 2019 Federal Labor Law in judicial decisions in cases involving fundamental rights in past 12 months.

The overarching project objective is to contribute to the increased effectiveness of local labor court operations in in Mexico. In support of achieving this objective and the long-term impacts, the project should complement (and not duplicate) other related projects and initiatives14 and accomplish the following outcomes:

Outcome 1: Increased capacity of local labor courts to adjudicate labor law cases equitably and efficiently. To achieve Outcome 1, applicants must propose evidence-based interventions targeting specific areas, or leverage points, in the court system that will result in the increased professionalization and capacity of local labor court operators to carry out their work effectively and efficiently, with special focus on aspects of the labor justice model that are completely new to the Mexican context.

A post-award needs assessment will be conducted by the recipient to determine final activity areas, but possible activities may include:

Develop or adapt existing organizational design and mapping processes, including organizational and operational manuals and protocols for key work processes within the labor court.

Develop plans to professionalize personnel from state-level labor courts, including job descriptions, profiles, ethics rules, performance plans, disciplinary procedures, and transparency mechanisms.

Create one standard, comprehensive training on the 2019 labor law reform that the courts can adapt for current and future court personnel, consistent with existing federal materials, but adapted to the realities of state-level operations.

Build capacity among court staff on how to handle cases dealing with inherent conflicts described in Article 685 Ter of FLL, including allegations of violations involving fundamental rights such as freedom of association, forced labor, and employment discrimination, that are exempt from the pre-court conciliation process.

Develop strategies to strengthen mechanisms that enforce judicial rulings related to labor disputes.

Develop an interactive training for judges on how to manage oral proceedings.

Develop or improve existing information tracking systems to track and analyze data on alleged violations, complaints filed, and remediation status of cases adjudicated that can filter all data by sector.

Outcome 2: Strengthened networks among local labor courts, other labor institutions15, and the public lead to an equitable and efficient local labor court system. To achieve Outcome 2, applicants must propose evidence-based interventions targeting specific areas, or leverage points, in local labor courts that will result in a shared understanding of the 2019 labor law reform among court operators and lead to decisions that are reasoned, independent, and consistent across types of cases and locations. Strengthened networks among the courts, other labor justice institutions, and workers who access the courts should serve to build trust in the new court system, which will be reinforced by the equitable and efficient administration of justice.

Possible activity areas include:

Supporting and strengthening the existing electronic case management system that supports the labor courts in their delivery of services, management, and monitoring of cases.

Identifying best practices and lessons learned across states. Project may consider a methodological survey of Phase 1 and 2 states to better understand what practices from which states can be showcased.

Developing exchange programs for local court judges and court operators to learn from national and international judicial experts and each other. Project may consider a shadowing program in collaboration with the federal judiciary and/or across states.

Developing metrics to allow courts to measure and share data about their progress and consistency across cases and judges.

Developing materials that allow the courts to explain their role in implementing the FLL to workers and the public.

Applicants must include specific citations to evidence used to support their proposed strategies. If there is limited evidence to support the proposed intervention(s), applicants may propose to pilot an innovative approach but must include and describe a plan for monitoring and assessing the effectiveness of the intervention(s) through operations16 research or complexity-aware monitoring17, to be approved by USDOL post-award.

Applicant-Defined Outcomes In their proposals, applicants may select or propose one additional outcome they consider realistic and essential to achieving the project objective, and justify its selection based on evidence, analysis of contextual opportunities and constraints, and available resources. Applicants must include specific citations to evidence used to support their proposed strategies. Applicant-defined outcomes must be mutually exclusive of other outcomes required by USDOL, and when taken together with the USDOL-defined outcomes, comprise what is necessary and sufficient to achieve the project objective and lead to sustained change. Applicant-defined outcomes must meet the criteria for an outcome statement18 and may be selected and adapted from the list below, or if proposed by applicants should be evidence-based and distinct from the other outcomes listed.

Increased availability of resources that enable individuals and institutions to continue to ensure equitable and efficient administration of labor justice.

Increased motivation of individuals and institutions to ensure efficient and effective administration of labor justice.

Applicants must select from the bulleted list above or propose based on evidence and their contextual knowledge at least one additional outcome that is mutually-exclusive of the USDOL-defined outcomes, as well as realistic and essential to achieving the project objective, and must meet the criteria for an outcome statement. For each additional outcome, applicants must include specific citations to the evidence used to support their proposed strategies. Proposed interventions to achieve an applicant-defined outcome must include specific interventions targeting specific stakeholders and leverage points, and provide a description of how these interventions will be implemented, the results expected, as well as who will be reached and in what ways, and what it will look like if this outcome is achieved.

Cross-Cutting Themes To the extent possible, applicants should mainstream two cross-cutting themes in all project outcomes and interventions: Equity and Worker Voice/Empowerment. In their project strategy, applicants must include a definition and description of the specific “underserved populations” to be considered and reached within the context of their project and proposed interventions.

USDOL has informed host government officials of the proposed project. Applicants must propose strategies for collaborating with the relevant government agencies in each country. Applicants must include as an attachment to their technical proposal letters of support from the host government expressing their commitment to work with the organization towards specific outcomes. At a minimum, letters must be included from the Ministry of Labor, and any other ministries from which the host government requires approval to implement activities related to this announcement. In addition, letters can be provided from the relevant national, regional, and/or local governments based on the level necessary to implement the project strategy.

If the applicant is unable to secure letters of support from the relevant government agencies named above, the applicant must include an attachment explaining their efforts to secure the letters of support, why they were unable to get the letters of support, and explain how the project would still be able to be successful in achieving the objective and outcomes.

Applicants must discuss proposed interventions and activities with host government officials and work with government stakeholders at the national and/or local level, including relevant ministries or government bodies, during the preparation of their applications. The Project Design and Sustainability Strategy must demonstrate evidence of this consultation.

If in-country consultations are not possible during preparation of the proposal due to limitations on in-country scoping and consultations, applicants must note this and outline a post-award strategy for engaging specific, relevant government offices and/or officials.

Efforts must be made to avoid duplication and to build upon relevant previous or ongoing activities in Mexico. Applicants must include a mapping of the landscape of current relevant programming. Applicants must also demonstrate how they intend to coordinate with other relevant projects and initiatives, including those funded by the host government (where applicable), USDOL, other USG, and other donor governments and organizations. Applicants must include a brief description of the consultative process undertaken in preparing their proposal.

Applicants must demonstrate that they have undertaken an initial assessment of the needs, resources, interests, influence and capabilities of all target groups, institutions, organizations or structures that are deemed vital to sustaining project outcomes, by describing the process of conducting the assessment and the results. The needs assessment and discussion of results should give particular attention to structural inequities and vulnerable groups, and should include a gender analysis.

Applicants must plan for long-term sustainability of outcomes in their proposed strategies. The applicant’s description of the project strategy should:

Explain the flow of inputs to activities, activities to outputs, outputs to outcomes, outcomes to the project objective, and the sustained impact on worker rights that the project will contribute to.

Fully justify proposed interventions by explaining their purpose and the problems they are intended to address. If available, note any applicable research that establishes evidence of a causal relationship or correlation between interventions and expected outcomes. 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.

Demonstrate the long-term sustainability of all efforts and outcomes in the design of the proposal, including which outcomes have the potential to be sustained after the end of the project and explain how the responsibility for sustaining them is expected to transition to local stakeholders, systems and institutions.

Identify risks and opportunities inherent in the project design that could impact the likelihood of achieving or sustaining project outcomes, and describe appropriate mitigation and response strategies.

Recognize possible external factors or shocks and their potential influence on the project, expected outcomes, and their sustainability.

Sustainability must be the centerpiece of the project strategy. “Sustainability” is concerned with measuring whether the benefits of an activity are likely to continue after donor funding has been withdrawn. Applicants must take into account the likelihood that the benefits or effects of a particular output or outcome will continue after donor funding ends. In developing the project strategy, applicants must consult with key stakeholders to ensure that the proposed strategy takes into account the factors, partners and institutions that are likely to have the strongest influence over, and the capacity and willingness to sustain the desired outcomes and impacts. Applicants should embed sustainability success factors into the project design in accordance with the Sustainability Guide available on ILAB’s website at https://www.dol.gov/agencies/ilab/resources/grants.

After award, the selected recipients will be required to refine the Sustainability Strategy, report on it in each of their progress reports and modify or update the strategy as needed.

Although there are restrictions on the awarding of subawards or contracts to government entities, to the extent possible, Recipients should consider engaging relevant government agencies through other mechanisms, as well as partnering with other local organizations or associations to strengthen their capacity.

b) Project Targets (up to 5 points) The applicant's Project Targets section will be evaluated based on how well it supports the overall project strategy, as well as for how reasonable project targets are with consideration to the allocation of project resources (e.g., budget, staffing) to support the meeting of those targets.

Applicants must describe the target populations, institutions, systems or processes that will be impacted by the project. Applicants must describe how target populations, institutions, sectors and/or geographic areas, etc. reflect the problem to be addressed and the overall strategy being proposed by the applicant.

Applicants must provide a justification for their selection of a target geographical area(s), as applicable.

Applicants must describe how geographic areas reflect the problem to be addressed and the overall strategy being proposed by the applicant.

Applicants must put forward a proposed approach to ensure the safety of participants and implementers within the target geographic area(s). Applicants must describe how they will administer services in a safe environment.

Applicants must propose specific geographical areas, institutions, populations, and communities the project will target in Mexico and justify their selection. The project should target local labor courts in at least eight states. The following states are of priority to ILAB but others may be proposed with justification. Each state will need to commit19 to participate in the project. Final state selections will be confirmed after the needs assessment is completed and in consultation with ILAB.

Phases 1 & 2: Estado de Mexico (1) Guanajuato (2), Puebla (2), Queretaro (2), San Luis Potosi (1) Phase 3: Baja California Norte, Chihuahua, Coahuila, Jalisco, Mexico City, Nuevo Leon, Sonora, Tamaulipas

The prime target populations should be court operators though activities may consider other court actors such as public defenders, academics, local community leaders, media, and the public. Applicants’ selection of targets should demonstrate a strong understanding of the motivations and incentives of each target group or institution and incorporate strategies for addressing motivational gaps, such as lack of awareness of the courts’ function. Applicants should seek to include groups that can bring perspectives based on religion, gender, disability, race, ethnicity, and/or sexual orientation and gender identity.

OTLA Standard Outcome Indicator Targets USDOL has established a set of standard outcome indicators that OTLA-funded worker rights projects are expected to achieve or substantially contribute to, which should be sustained after the project ends. Together these indicators measure outcomes that are expected to have a lasting impact on the systemic worker rights problem identified in the project objective.

To receive full points for this section, applicants must include numerical outcome projections for each of the OTLA standard outcome indicators identified in Appendix F and defined in Appendix B. Applicants should complete Appendix F by providing provide raw numerical targets for each year of the project as well as the cumulative number; otherwise, they will not receive full points. If an applicant considers one or more outcome indicators inapplicable to their project, enter zeroes for the yearly and cumulative targets and provide a justification for excluding it. Percentages, percent increases or other types of data projections are not acceptable.

Project-specific indicator definitions, units of measure and data disaggregation will be agreed to post-award in the development of the Performance Monitoring Plan (PMP) and are subject to approval by USDOL. Applicants are not required to describe data disaggregation in their proposals; however, for most projects, outcome indicators for individual-level targets (1a, 2a, 3a, 4a, 5a, 6a, 8a, and 9a) should be disaggregated by tripartite affiliation (worker/civil society representative, and public or private sector representative), as well as sex, race/ethnicity, disability, rural, migration, union membership, LGBTQI+ or other protected status. Where relevant, measures should also be disaggregated by category of worker rights, including Freedom of Association and Collective Bargaining (FOACB); Non-Discrimination with respect to employment; and Acceptable Conditions of Work (ACW). Indicators for institutional-level targets (1b, 2b, 3b, 4b, 5b, 6b, 7b, 8b, and 9b) should be disaggregated by type of structure (as relevant to the project), from among these seven types:

Workers’ organizations (enterprise-level unions or worker committees, sectoral or national trade unions or confederations of unions, or other civil society organizations)

Employers’ organizations (in-country industry associations, chambers of commerce, international brand or buyer initiatives or associations, other employers’ associations)

Government agencies (labor inspectorates, labor court systems, conciliation, mediation and dispute resolution systems, legal services and justice systems, health and safety regulation, enforcement and compliance promotion systems, other labor ministry or related functions)

Bipartite groups (worker-manager committees, sectoral dialogue groups) Tripartite groups (national tripartite advisory committees or councils, consultative or decision-making bodies) Enterprises, farms, factories and workplaces (individual workplaces or affiliated groups…