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COLORADO NON-IMMIGRANT AGRICULTURAL SEASONAL WORKER
Instructions for Application to the Pilot Program Year 2008-2009
OVERVIEW AND BACKGROUND The Colorado Department of Labor and Employment (CDLE),
through its Colorado Non-Immigrant Agricultural Seasonal Worker Pilot Program
(Pilot Program), seeks H-2A representatives, attorneys, service companies, and
agents (Agents) to be pre-qualified to provide as needed services under the
Pilot Program to participating growers, grower associations and agricultural
employers (Employers). The Pilot Program is limited to 1,000 H-2A workers in
its first year; with an additional 1,000 H-2A workers added each of the
remaining four years of the program, ending at a total maximum of 5,000 H-2A
workers in the final year of the program. Participation in the program is
voluntary for Colorado Employers using the Federal H-2A program. Agents choosing to participate in this program are likely
to gain access to employers that have not previously participated in the H-2A
program due to concerns about legal liability or cost. CDLE and the Colorado
Department of Agriculture will market the program to Employers throughout
Colorado. PROCESS Employers using the program will select from the list of
pre-qualified Agents and contract directly with the Agent(s) they select for
services. Services offered by pre-qualified Agents will be presented to
participating Employers on a CDLE website and in a paper format distributed
through the various Growers associations and the Department of Agriculture.
Agents will provide prices for assistance the H-2A application process, as well
as prices for the recruitment of workers. Prices will be listed on the CDLE
website along with a short description (1-2 paragraphs) of the service
provided. Agents will have an opportunity to submit a longer description (1-2
pages) of each service that will be available for Employers to view from a link
on the website. Agents must provide both application assistance and recruiting
services. Status as a pre-qualified agent in the program must be renewed
annually by responding to this solicitation as it is re-issued. Program
policies may change with each solicitation. Comments will be accepted from
Employers covering the service provided by the Agent(s). CDLE will monitor the
progress of H-2A applications under the program with the Agent periodically.
REQUIREMENTS Agents banned by the U.S. Department of Labor (USDOL) will
not be accepted for the Pilot Program. Agents wishing to be pre-qualified under
the program must also provide the following by the closing date of this
solicitation: Pricing and Services - Applications may be rejected
if pricing is unclear at the sole discretion of CDLE. Prices offered under the
Pilot Program are set for the Pilot Program year (October 1st through
September 30th) and can be modified upon application for the next year of the
program. Short description of services - A 1-2 paragraph
description of services offered. As noted in the attached Affidavit of
Compliance, Agents must deliver services as described or face sanction under the
rules of the program. Electronic copy (plain text or Microsoft Word) also
required. Long description of services - A 1-2 page
description of services offered. As noted in the attached Affidavit of
Compliance, Agents must deliver services as described or face sanction under the
rules of the program. Electronic copy (plain text or Microsoft Word) also
required. Contact Information – The company name, address,
contact person and telephone are required at a minimum. E-mail addresses and
web sites can also be optionally provided and will be made available to
Employers via the CDLE website. 3 Professional References - Please submit 3 verifiable references from employers whom you have helped to obtain H2A workers within the past 36 months. By applying for the Pilot Program the Agent agrees that
they are subject to the provisions of the rules, laws, and statutes that are
presently in place for the Federal H-2A program and the Pilot Program.
Additional guidance can be found in C.R.S. 8-3.5-103.
APPLICATION PROCESS To apply under this request each Agent must provide a CD
formatted for Microsoft Windows with a Microsoft Word (.doc) or plain text
(.txt) file containing the prices, short description, and long description for
each of the services offered. Ensure that the long description(s) provided are
a maximum of two pages in length and that the short description(s) are a maximum
of a quarter of a page in length in Times New Roman 12 point font. The attached
affidavit must also be signed and returned with your submission. Contact
information can be included on the CD or in a separate paper document. All of
the above material should be submitted to: Colorado Dept. of Labor and Employment
REQUIRED DOCUMENTS:
Affidavit of
Compliance (required for submission) DOCUMENTS REQUIRED FROM EMPLOYER: Any employer you contract with that wishes to participate in the program is encouraged to submit the following documents as soon as possible to the address shown above to ensure they receive workers by Spring 2009. Employers will be charged a fee of $100 per worker.
Employer Assurances
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