Application instructions for the Colorado Non-immigrant Agricultural Seasonal Worker Pilot Program.
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.
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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.
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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:
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.
Generally priced for the full process, if the Agent offers a different pricing structure the exact services offered and price paid under each option must be clear. Applications may be rejected if pricing is unclear at the sole discretion of CDLE.
Generally priced by the worker delivered, if the Agent offers a different pricing structure the exact services offered and price paid under each option must be clear. Applications may be rejected if pricing is unclear at the sole discretion of CDLE.
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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.
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.
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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.
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.
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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
633 17th St, Ste 700
Denver, CO 80202
Attn: Thomas Gonzales
Affidavit of Compliance (required for submission)
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.