ESBD_File_336314_RFP 2023-011 Employer of Record for Paid Work Experience .docx

1501 Midwestern Pkwy, Ste 101 Wichita Falls, Texas 76302 Phone: 940.767.1432 Fax: 940.322.2683 https://ntxworksolutions.org

REQUEST FOR QUALIFICATIONS

For

Employer of Record for Wage Services for Paid Work Experience

Workforce Resource, Inc. dba Workforce Solutions North Texas 1501 Midwestern Pkwy, Ste 101 Wichita Falls, Texas 76302

(940) 767-1432 Email: wsb@ntxworksolutions.org

RFP# 2023-011

Procurement schedule

Workforce Solutions North Texas is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. For the hearing, impaired 1-800-735-2988 English (Voice) /1-800-662-4954 Spanish (Voice) / 1-800-735-2989 or 7-1-1 (TDD)

Table of Contents

Workforce Resource dba Workforce Solutions North Texas Board (hereinafter, “the Board”), is a 501(c) (3) Non-profit Corporation that administers workforce development services funded by the Texas Workforce Commission (TWC) for the 11-county North Texas workforce development area, which consists of Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, and Young counties.

The Board is one of 28 local workforce development boards established by the Texas Legislature in 1995. Workforce Solutions North Texas is governed by a 29-member Board of Directors and the Chief Elected Officials of the 11-county region. Board members represent business, education, labor, community-based organizations, economic development, vocational rehabilitation, public assistance, and the public employment service. The Board is responsible for planning and oversight of workforce development activities in the local workforce development area. It also serves as the designated administrative entity and grant recipient for federal and state workforce development funds allocated to the local area. The Board is the administrative entity for four Workforce Solutions Centers, plus a mobile unit, which provides services to residents of North Texas.

1.3 Scope

Workforce Resource, Inc. dba Workforce Solutions North Texas (the Board) is seeking proposals from qualified payroll/staffing organizations licensed in the State of Texas to serve as the Employer of Record.

1.4 Objective of Employer of Record for Paid Work Experience Services Work-based learning is defined as the participation in work activities in a real work setting that are designed to help individuals with disabilities gain soft and hard skills for work, learn about, and experience actual work in possible fields of interest, and provide these individuals with the opportunity to have hands-on exposure to jobs. Paid work experience is an effective strategy for providing work-based learning opportunities to individuals with disabilities, and particularly for students with disabilities.

The objective of the Paid Work Experience Services is to increase work-based learning opportunities for Vocational Rehabilitation (VR) participants who are students with disabilities through Texas’ integrated workforce system.

1.5 Procurement Schedule

All dates are subject to change at the Board’s discretion.

Procurement Schedule

1.6 Point of Contact

Procurement Contact: Sharon Hulcy Workforce Solutions North Texas 1501 Midwestern Pkwy, Ste 101 Wichita Falls, Texas 76302

(940) 767-1432 Email Address: wsb@ntxworksolutions.org

1.7 Amendments and Announcements Regarding this RFP

Board will post all official communication regarding this RFP, including notice of tentative award, on the Board’s website at https://ntxworksolutions.org/business-opportunities/ and/or ESBD or the Texas Register. The Board reserves the right to revise the RFP at any time. Proposals must comply with any changes, amendments, or clarifications posted to the Board’s website prior to the date the Proposal is due. It is the responsibility of interested parties to periodically check the Board website for updates to the procurement prior to submitting a Proposal.

1.8 Eligible Respondents

In accordance with the DOL regulations at 29 CFR Part 98, the Board is prohibited from awarding funds to any party debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs. Respondents are responsible for familiarity with all applicable regulations and applying them in developing the RFP response. The Respondent selected will be required to assume full responsibility for all activities and services included in the contract. No assignment of contract or interest, in any part, to any third party shall be allowed.

Respondents must have the following qualifications:

· Have at least five years’ experience in payroll services.

· Knowledgeable and experienced employer of record.

· Must not be debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs.

1.7 Subcontracts

Any subcontractors must be specified in the proposal narrative and procurement standards must be followed. All standards that apply to contractors must be followed by any subcontractors. Subcontracting does not relieve the contractor of any responsibilities of the contract.

1.8 Historically Underutilized Businesses

State and federal program subrecipients are required to make a good faith effort to contract with, or make purchases from, historically underutilized (disadvantaged) businesses certified by the State of Texas, as that term is defined by state law in the Texas Government Code, Title 10, Subtitle D, Chapter 2161.

Programs and activities to be monitored via this RFP are governed by the Department of Labor, Department of Health and Human Services, Administration of Children and Families, Department of Agriculture, Texas Workforce Commission, Board’s Integrated Plan, and Board’s Policies and Procedures.

1.9.2 Type of Contract

The Board may execute a fixed‐fee or cost reimbursable contract. All contracts shall be contingent upon the receipt of sufficient funding from TWC. Final contracts will also be subject to any changes in the legislation, regulations or policies promulgated by the federal and state funding sources. Board retains the right to vary or change the terms of any contract solicited via this RFP, including funding levels, the scope of work, performance standards, and shortening or extending the contract period, as it deems necessary in the interest of the Board.

1.9.3 Term

The contract period will be from October 1, 2023 to September 30, 2024. Contract renewal period is available for up to 4 additional years not to exceed 5 years total.

1.10 Governing Provisions and Limitations

Violation of any of the following provisions may cause a Proposal to be rejected.

· The only purpose of this RFP is to ensure uniform information in the solicitation of Proposals and procurement of services. This RFP is not to be construed as a purchase agreement or contract or as a commitment of any kind; nor does it commit the Board to pay for costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by the Board. The Board will not pay any costs for the preparation of a proposal to this RFP.

· The Board reserves the right to negotiate the final terms of any and all contracts or agreements with Respondents selected and any such terms negotiated as a result of this RFP may be renegotiated and/or amended in order to successfully meet the needs of the Board.

· The Board reserves the right to withdraw or reduce the amount of the award or to cancel any contract or agreement resulting from this procurement if adequate funding is not received from TWC or other funding sources or due to legislative changes.

· Respondents shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any officer, member, employee, or agent of the Board for the purpose of having an influencing effect toward their own Proposal or any other proposal submitted hereunder.

· No employee, officer, or agent of the Board shall participate in the selection, award or administration of a contract if a conflict of interest, real or apparent, is involved.

· Respondents shall not engage in any activity which will restrict or eliminate competition. Violation of this provision may cause a Proposal to be rejected. This does not preclude joint ventures or subcontracts.

· All Proposals submitted must be original work products of the Respondents. The copying, paraphrasing or other use of substantial portions of the work product of others and submitted hereunder as original work of the Respondent is not permitted. Failure to adhere to this instruction may cause the Proposal(s) to be disqualified and rejected.

· The contents of a successful Proposal may become a contractual obligation if selected for award of a contract. Failure of the Respondent to accept this obligation may result in cancellation of the award. No plea of error or mistake shall be available to successful Respondent(s) as a basis for release of proposed services at stated price/cost. Any damages accruing to the Board because of the Respondent’s failure to contract may be recovered from the Respondent.

· A contract with the selected Contractor may be withheld, at the Board's sole discretion, if issues of contract or questions of non-compliance, or questioned/disallowed costs exist, until such issues are satisfactorily resolved. Award of contract may be withdrawn by the Board if resolution is not satisfactory to the Board.

· Under Texas Government Code Section 552.003, the Board is subject to the Texas Public Information Act and the information provided in proposal to this RFP will be made accessible to the public. If a Respondent believes that any information contained in its application qualifies for an exception to the Public Information Act, it must clearly indicate which information is deemed confidential and clearly state the grounds for the exception.

· Title VI of the Civil Rights Act of 1964 (race, color, national origin)

· Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1998 (ADA) as amended (disability)

· The Age Discrimination Act of 1975 (any age)

· Title IX of the Education Amendments Act of 1972 (gender in educational programs and activities) Note: Some agencies may have other public-facing civil rights laws that apply to their programs (e.g., FEMA’s Stafford Act that prohibits discrimination on the foregoing bases and economic status).

· Section 188 of the Workforce Innovation and Opportunity Act of 2014 applies to the entire One- Stop system (race, color, national origin (including limited English proficiency), citizenship, political affiliation or belief, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, gender identity), WIOA participant status, any age, and disability.

· Retaliation is prohibited by all the laws.

· 29 C.F.R. § 37.5; 29 C.F.R. § 38.35

2.2 Payroll Services Solicited

Wages must be paid in a timely manner and include other costs associated with payroll, including Federal income tax withholding, Federal Insurance Contributions Act (FICA) expenses, workers’ compensation insurance, and any fees associated with payroll processing.

An hourly wage rate for the paid work experience component that is consistent with or based on the hourly wage the Board uses for paid work experience under the WIOA Title I formula youth program. The hourly wage is nine (9) dollars.

· Employer of Record must notify the Board of the minimum hourly wage rate changes that will be paid to VR participants in paid work experience within thirty (30) days of contract execution. Employer of record must include in their notification to the Board a description of the other costs associated with payroll as described: Hourly wage paid to the participant, which includes Federal income tax withholding and Federal Insurance Contributions Act (FICA, also referred to as Social Security) expenses,

· Federal Unemployment Tax Act (FUTA) and State Unemployment Tax Authority (SUTA)

· Fees associated with Affordable Care Act (ACA)

· Workers compensation insurance,

· Employer of Record set-up and payroll processing fee, and

· Employer of Record invoice processing fee.

Thereafter, Employer of Record must notify Board thirty (30) days in advance of changes in the hourly wage rate or other payroll costs. If such changes are made, the hourly wage rate for a VR participant must not be reduced during the participant’s paid work experience assignment.

DOCUMENTATION AND RECORDKEEPING

Employer of Record will maintain records of the participants, wages paid, and associated fees for Paid Work Experience Services to include documenting wages and associated fees for each participant and invoicing. These records are considered supplemental information needed by the Board and its subcontractors, if any, for administrative, operational and invoicing purposes. The Employer of Record will retain these records in accordance with the Board’s records retention schedule which is the length of seven years after the participant’s last employment termination date.

INVOICING FOR PAYMENT

The Board, through the Employer of Record, will then set up wage payment services for the Participant. The Board will pay the Participant’s wages for each period upon receipt of a completed timesheet or payroll record from the designated worksite supervisor or contact person that verifies the hours worked by the Participant. The timesheet or payroll record must be signed or certified by both the designated worksite supervisor or contact person and the Participant.

Submit questions regarding this solicitation by email to wsb@ntxworksolutions.org. Questions will not be accepted after 5:00 p.m. (CDT) on September 19, 2023. Verbal questions will not be accepted or included in addendum. Answers will be posted on https://ntxworksolutions.org/business-opportunities/ on or about September 20, 2023. This ensures all interested Respondents are informed on an equitable basis.

Other than as specified above, all members of the Workforce Solutions North Texas Board, Board staff, individuals that have reviewed the RFP prior to its release, authorized representatives or agents of the Board are precluded from entertaining or answering questions concerning this RFP or the procurement process.

3.2 Format for Written Questions

All questions and comments regarding this RFP must:

Be submitted electronically to wsb@ntxworksolutions.org;

Reference the appropriate RFP page and section number; and before the questions deadline.

3.3 Right to Reject Proposals or Portions of Proposals

The Board may, at its discretion, reject any and all Proposals or portions thereof.

3.4 Amendments to Proposals

Respondents have the right to amend their Proposals at any time prior to the Proposal deadline.

3.5 Withdrawal of Proposals

Respondents have the right to withdraw their Proposals from consideration at any time prior to the Proposal deadline.

The purpose of a debriefing is to promote the exchange of information, explain the Board Proposal evaluation system, and help unsuccessful Respondents understand why they were not selected.

Procurement staff will meet with the requesting party and review the Board RFP evaluation process and how the proposal was scored or ranked. Respondents can gain a better understanding of the Board procurement processes and how to improve their proposals, while staff get direct feedback to help improve future procurements.

3.6.2 Request for Debriefing

Respondents who desire a debriefing must submit a written request within three (3) workdays of the receipt of the Board’s notification of the procurement decision. In the debriefing, the Respondent will obtain information on the procurement process and how its proposal was reviewed and ranked. The Board shall acknowledge receipt of the request for debriefing in writing within three (3) workdays of receipt, along with the date and time of the scheduled debriefing. The debriefing shall be scheduled as soon as possible, and no later than 10 workdays from the written receipt of the request for debriefing. Debriefings will take place at the Board office in Wichita Falls, Texas.

3.6.3 Written Request for Appeal

A debriefing is required prior to submission of an appeal request. If after the debriefing, the requesting party chooses to appeal, it must submit to the Board a written request for appeal within 14 calendar days of the debriefing. This written request must clearly state that it is an appeal and identify:

· The funding decision being appealed (i.e., specific date of RFP or IFB, and the Board action);

· The name, address, phone, email address and fax number (if available) of the appealing party;

· Remedies being requested; and

· The grounds of the appeal.

All grounds to be considered for the appeal must be stated in the written request for appeal. The request for appeal must be sent by registered mail or hand delivered (a receipt will be issued), clearly identified externally as "Dated Material" and addressed to:

Lisa McDaniel, Executive Director Workforce Solutions North Texas 1501 Midwestern Pkwy, Ste 101 Wichita Falls, Texas 76302

Fax or e-mail notices will NOT be accepted. Written acknowledgment of receipt of the request for appeal will be provided to the appealing party within 5 workdays of receipt of the request.

3.6.4 Formal Hearing and Final Decision

A formal appeal hearing shall be conducted within 15 workdays of the date of the request for appeal. The formal hearing of the appeal will be conducted by the Board Executive Director or designee. Consideration will be given to the written appeal information presented and additional information provided during the formal hearing. Additional information may be requested during the hearing by the hearing officer. After full review, an appeal decision will be rendered in writing not later than 60 calendar days from the date of the written request for appeal. The decision shall be the final decision and end the appeal process at the local level.

4. Proposal Requirements The Proposal will become the Boards’ property and will not be returned.

4.1 Number of Copies/ Instructions

· Number of copies – one complete signed electronic copy must be submitted by the deadline.

· Proposals must be typed and submitted on 8 1/2 x 11-inch paper, using no less than a 12-point font, with sequentially numbered pages.

· An incomplete proposal may be deemed non-responsive.

4.2 Order of Proposal Content

· Proposals must include the following and be in the order below.

· Proposal Cover Sheet (first page, signed)

· Proposal checklist

· Completed Proposal Template

· Completed Budget Template

· Certification of Respondent

· Certification Regarding Debarment

· Historically Underutilized Business (HUB) current notice of certification

4.3 Proposal Validity Period

Each proposal will remain valid for the Board’s acceptance for a minimum of ninety (90) days after the submittal deadline, to allow for evaluation, selection and the Board action, if applicable.

Proposal Evaluation Criteria Proposers must achieve an overall score of at least 70 points to be considered for the award of funds. The review and evaluation of proposals shall be based upon the following criteria:

Determination of Responsiveness – all proposals received/delivered by the deadline will be reviewed for responsiveness to RFP requirements (required number of copies, format, content, order, forms, etc.).

Evaluation Criteria -All proposals determined to be responsive will be evaluated using the criteria listed below:

· Demonstrated Performance/Ability 30 points

· Organizational Design 35 points

· Reasonableness of Cost 35 points

· Historically Underutilized Business (HUB) 5 bonus points

Total Points 105 Possible Points

Attachments A - E

Attachment A Cover Sheet

Legal Name of Proposing Entity and dba, if any:

Mailing Address:

Physical Address:

Contact Name:

Telephone Number:

Cell Phone Number:

Fax Number:

E-Mail:

Type of Organization

□Private for-profit □Private non-profit □Government Agency □Partnership □Sole Proprietor □Other (specify)

Date Established:

Federal EIN:

Texas State Comptroller ID Number:

Historically Underutilized Business?

□Yes (if yes, attach current certificate) □No

□No

Typed Name & Title of Authorized Signatory:

Signature and Date:

Attachment B Proposal Checklist Respondent Name:

The following checklist is provided to ensure the Proposal information is in the correct order and labeled as directed.

Required Certifications - Attachment E

· Certification Regarding Debarment, Suspension, and other Responsibility Matters

Attachment C Proposal Template

General instructions for completing the Proposal Template

· All narrative responses to this RFP must be no less than 12 font size.

· This document is unlocked, and Respondent may add lines as needed.

DEMONSTRATED PERFORMANCE/ABILITY (30 Points) The following elements will be used for grading proposals:

Demonstrate the proposer’s ability to provide comprehensive Employer of Record services as outlined in the RFP:

· Payment methods available for clients (Check, Direct Deposit, etc.)

· Tax and compliance filing/reporting to local, state, and federal agencies (new hire, W2, W4, FICA, 940, 941, EEO1, 1095’s etc.)

· Reporting/Billing (detailed invoices by customer)

· Worker’s Compensation and Wage Garnishment deductions

· Prior Experience:

· Any prior experience you have working with similar programs/agencies.

ORGANIZATIONAL DESIGN (35 Points) Submit a written response to each of the following elements:

· Provide a brief background to your organization and qualifications as an Employer of Record.

· Describe your process for new hire documents, status changes, billing, background checks, drug testing, benefits, etc.

· Identify any industry accreditation, licenses or certifications.

· Provide three client references with contact information.

COST REASONABLENESS (35 Points) Submit a written response to each of the following elements:

· Provide a complete list of all fees (service fees, background check fees, drug testing fees, and other applicable fees) as Attachment B

EXTRA POINTS FOR HISTORICALLY UNDERUTILIZED BUSINESS (HUB) (5 Points) Positive efforts shall be made to utilize small, minority, and female owned or operated organization/business (HUB) in the procurement and provision of these goods.

INSURANCE REQUIREMENTS

· The proposer awarded the Employer of Record, must have the required insurance/s: General Liability, Bonding, and Workman Compensation. The Employer of Record must submit copies of the insurances with the submission of the proposal.

Attachment D Certification Of Respondent

I hereby certify that the information contained in this Proposal and any attachments are true and correct and may be viewed as an accurate representation of proposed services to be provided by this organization.

I certify that no employee, board member, or agent of Workforce Solutions North Texas, has assisted in the preparation of this Proposal.

I acknowledge that I have read and understood the requirements and provisions of the RFP and that this organization will comply with the procurement standards applicable under this RFP, and any other applicable local, state, and federal regulations and policies.

I also certify the Board is authorized to verify references and stated performance data and to conduct credit and criminal background checks if needed, and furthermore that:

I, (Type Name of Signatory Authority) am the (Type Title) of the corporation, partnership, association, public agency or other entity named as Respondent herein and that I am legally authorized to sign this proposal and submit it to Workforce Solutions North Texas, on behalf of said organization by authority of its governing body.

ATTEST:

Subscribe and sworn to before me this day of , 20 , in , County, State of

(SEAL)

Notary Public in and for ____________________ County, ______________ State, ___________

Date Commission Expires: ___________________

Attachment E Required Certification Regarding Debarment

The Respondent must complete, sign and attach this form for the following certification.

Debarment, Suspension and Other Responsibility Matters

This certification is required by the Federal Regulations implementing Executive Order 12549, Government‐wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it or its principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

· Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

· Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

· Have not within a three-year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

· Where the prospective recipient of Federal assistance funds is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Name of Individual or Organization submitting a proposal

Name and Title of Authorized Signatory

Reminder

· Insert HUB Certification (if applicable) RFP# 2023-011 Employer of Record for Paid Work Experience Page 1 image1.emf image2.jpeg