ESBD_File_353711_Workforce Solutions Cameron - Workforce Center Operator RFP 2024 3.11.24_FINAL.pdf

An Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities.

Relay Texas 1-800-735-2989(TTY)/711 (Voice)

WORKFORCE SOLUTIONS CAMERON

700 Ruben M. Torres Blvd. 3rd floor

Brownsville, TX 78520

REQUEST FOR PROPOSALS

For

WORKFORCE CENTER OPERATOR

RFP#24-RFP-03-245

ISSUE DATE: March 11, 2024, at 10:00 a.m. (CST)

Bidder's Conference: March 18, 2024, at 10:00 a.m. (CST)

RESPONSE DEADLINE: May 3, 2024, 12:00 p.m. (CST)

Table of Contents

SECTION I – INTRODUCTION AND BACKGROUND

A. Introduction

B. The Workforce Center System

SECTION II – GENERAL INFORMATION

A. Purpose of the Request for Proposal (RFP)

B. Activities and Services Solicited In this RFP

C. Procurement Standards/Method

D. Legislative Authority

E. RFP Schedule of Events

F. Issuance/Availability of RFP

G. Response Deadline

H. Bidder's Conference

I. Contract Type

J. Contract Period

K. Eligible Proposers

L. Governing Provisions and Limitations

M. Administrative Requirements and Other Limitations

N. Transition Planning

O. Funding

SECTION III – PROPOSAL REVIEW AND SELECTION PROCESS

A. Summary of Evaluation Process

B. Details of Evaluation Process

C. Proposer Inquiry and Appeal Process

SECTION IV – SCOPE OF WORK

A. Operation of Local Workforce Centers ............................................................................ …….…24

B. Business/Employer Services

C. Job Seeker Services

D. Training Services ………………………………………………………………………………….28

E. Resources

F. Performance

G. Budgeting…………………………………………………………………………………………..30

SECTION V – PROPOSAL PREPARATION AND SUBMISSION………………………………….30

A. Instructions for Submitting a Proposal

B. Response Checklist and Order of Submission

C. Proposal Cover Sheet

D. Table of Contents

E. Executive Summary

F. Instructions for the Proposal Narrative

SECTION VI – BUDGET

A. Limitations

B. Cost Category Definitions

C. Budget Forms

D. Instructions for Completing Budget Forms

SECTION VII – ATTACHMENTS & EXHIBITS

ATTACHMENT A – PROPOSAL NARRATIVE

Attachment A.1 – Proposal Cover Sheet

Attachment A.2 – Proposal Narrative Questions

ATTACHMENT B – BUDGET FORMS

Budget Form B.1 – Distribution of Allocated Funds

Budget Form B.2 – Line Item Budget

Budget Form B.3 – Budget Narrative For the Period October 1, 2024 to September 30, 2025

Budget Form B.4 – Salary Allocation Plan

Budget Form B.5 – Profit / Incentive Schedule

ATTACHMENT C – FISCAL MANAGEMENT SYSTEMS SURVEY

ATTACHMENT D – ADMINISTRATIVE MANAGEMENT SURVEY

ATTACHMENT E – CERTIFICATION OF BIDDER

ATTACHMENT F – CERTIFICATE REGARDING DEBARMENT

ATTACHMENT G – CERTIFICATE REGARDING DRUG-FREE WORKPLACE

ATTACHMENT H – CERTIFICATION REGARDING LOBBYING

ATTACHMENT I – CERTIFICATE REGARDING CONFLICT OF INTEREST

ATTACHMENT J – TEXAS CORPORATE FRANCHISE TAX CERTIFICATION

ATTACHMENT K– CERTIFICATE REGARDING EQUAL OPPORTUNITY AND

NONDISCRIMINATION …………………………………………………………………………….64

EXHIBIT A – TARGETED INDUSTRIES AND OCCUPATIONS

EXHIBIT B – WORKFORCE CENTER CUSTOMERS SERVED

EXHIBIT C – TWC CONTRACTED PERFORMANCE MEASURES

EXHIBIT D – WORKFORCE CENTER LOCATIONS…………………………………………...69

SECTION I – INTRODUCTION AND BACKGROUND

A. Introduction

The Workforce Solutions Cameron (“Board”) serves as the leadership and governing body for the

Cameron County Workforce Development Board Area. The Board is a public/private partnership, with its

Directors representing business, education, labor, economic development, community-based organizations, and public entities.

The system of workforce development boards in Texas is a result of the Texas Legislature enacting House

Bill 1863. This legislation created a new system for delivering employment and training services to the public, including employers, job seekers and youth. The Board was established in 1997, in accordance with Texas Workforce and Economic Competitiveness Act (HB 1863 and SB632). The Board is organized as a non-profit corporation in the State of Texas, with tax-exempt status under IRS code

501(c)(3). The Board is part of the Texas Workforce Solutions Network which is comprised of the

Texas Workforce Commission and twenty-eight (28) local workforce boards.

The Board’s responsibilities include, but are not limited to:

• Strategic and operational planning;

• Design of the local workforce development delivery system, including the establishment of one-stop workforce centers;

• Oversight and evaluation of workforce development activities in the local area;

• Connecting and aligning the components of the regional workforce system;

• Prioritizing funding based on industry needs;

• Leveraging and investing workforce development resources;

• Providing policy guidance;

• Advocacy for workforce issues and needs;

• Building partnerships in support of local workforce initiatives; and

• Assess the effectiveness of the local workforce area.

The Board also serves as the designated grant recipient and administrative entity for workforce development program funds allocated to the Cameron County Workforce Development Board Area.

Equally important as its administrative oversight of federally funded workforce services, the Board prioritizes forging important workforce partnerships between educational and economic development entities, industries, small businesses, and community and faith-based organizations that depend upon and interact with the workforce.

OUR MISSION

Workforce Solutions Cameron is the local workforce partnership organization devoted to promoting and supporting a workforce structure that provides employers and individuals of Cameron County the opportunity to achieve and sustain economic prosperity.

OUR VISION

Workforce Solutions Cameron is the premier, proven provider of high-quality workforce resources for

Cameron County.

OUR CORE VALUES

Our Core Values are: Accountability, Innovation, Integrity, Transparency, Relevance, Excellence, and

Partnership Promotion.

WORKFORCE SOLUTIONS CAMERON’S LONG-TERM GOALS

• To ensure that workforce services are business-driven and meet the needs of the employers and job seekers.

• To increase the pool of qualified workers to meet existing and future occupational demands.

• To expand and enhance career and technology programs and dual credit opportunities for high school students.

• Maximize the utilization of resources by ensuring all workforce operations provide a positive return on our investments.

OUR CUSTOMERS

Workforce Solutions Cameron believes in a demand-driven system, where employers are our primary customers. Meeting the needs of employers enables us to meet the needs of job seekers. We serve two

(2) customers:

• ALL employers in the region, regardless of size or industry.

• ALL job seekers who live in the region, regardless of employment status, educational level, skills, abilities, or age.

B. The Workforce Center System

The workforce center is the focal point and public face of the local workforce development delivery system.

It provides access to a broad array of services and information in a central location. It is designed to serve a diverse range of customers with diverse needs and is a vital link in connecting job seekers and employers. The workforce center also helps to connect the Board to the broader workforce system and community.

Workforce Center Principles

Universality – access to a broad array of information and services available to all customers – job seekers and employers.

Empowered Individuals – through access to up-to-date and relevant information, customers are empowered to make well-informed decisions regarding choices and opportunities that exist for employment, education and training.

Integration – the system should be flexible, responsive and seamless. It should feel like a single system with no separate identification of programs or agencies. Services are streamlined and easy to use.

Performance-Driven – the system must be accountable for achieving the outcome of a skilled workforce.

Customer feedback, quantitative and qualitative data should be used to measure success and serve as the foundation for continuous improvement activities.

The Board is committed to the operation of a workforce center system that is universal, integrated, seamless, holistic, customer-driven, accountable, and that provides high-quality services to its customers.

The Board expects the workforce center contractor to:

• Work to functionally integrate all workforce development activities of each center, removing program/funding stream silos, whenever possible;

• Assist customers in the identifying, accessing, and using center services through responsive, knowledgeable, and respectful staff;

• Ensure that customers receive services in a consistent and uniform manner throughout each of the workforce centers in the area;

• Prepare job seekers for high wage , high skills jobs;

• Focus on providing business services aligned with targeted industries that support career pathways;

• Ensure customers receive the most appropriate services along a continuum of services to meet their employment goals;

• Increase visibility and the use of workforce center services by employers and job seekers;

• Maintain regular and open communication with Board staff and other core partners to contribute to the continuous improvement of center operations; and,

• Achieve the Board’s contracted performance measures assigned by TWC.

As mandated by federal regulations, the centers are operated and managed by an independent contractor.

The contractor is responsible for providing services under several workforce programs funded by the

Board. The contractor will also coordinate with other partner agencies and programs that are co-located within the workforce centers.

Basic Workforce Center Operating Standards

1. Services must be consistent with the requirements of the Workforce Innovation and Opportunity

Act of 2014, U.S. Department of Labor requirements for one-stop centers, and TWC rules governing one-stop centers.

2. Comply with the requirements of applicable program laws, rules, regulations and policies.

3. Comply with and maintain procedures consistent with Board policies.

4. Establish and maintain a visible presence in the employer community.

5. Provide services that are tailored to meet customer needs.

6. Implement a customer-driven and flexible process for accessing appropriate services.

7. Provide understandable service information and orientation to customers.

8. Ensure that staff are trained, knowledgeable and experienced in all required programs and services.

9. Implement timely and efficient referral and follow-up processes with other entities for employment-related services.

10. Maintain a user-friendly resource room.

11. Provide reasonable accommodation and accessible services to individuals with disabilities.

12. Provide appropriate language accommodation for individuals with limited English proficiency.

13. Treat all customers with dignity and respect.

14. Work to continuously improve the quality of services.

SECTION II – GENERAL INFORMATION

NOTE: For purposes of this RFP, the words “Bidder”, “Proposer” and “Respondent” are interchangeable and refer to an entity submitting a proposal in response to this RFP. The term

“Contractor” refers to an entity selected and awarded a formal contract by the Board. The words

“Board”, “Workforce Solutions Cameron”, are interchangeable and refer to the Workforce Development

Board of Cameron County, the issuer of this RFP.

A. Purpose of the Request for Proposal (RFP)

Workforce Solutions Cameron is soliciting proposals from qualified and eligible independent entities for the operation and management of the workforce center system established by the Board and located in

Cameron County.

The Board expects to enter into an expanding and extended relationship with one contractor for the operation and management of its one full-service workforce center, one affiliated site and one Mobile

Resource Unit. The Board is seeking a contractor that will:

• Support, emulate, and contribute to the achievement of the Board’s mission, vision, core values, and long-term goals;

• Perform with the highest level of integrity and business ethics;

• Work continuously to improve the performance of the workforce centers, the experience of our customers, and the quality of services provided;

• Increase visibility and use of center services by employers and job seekers;

• Expand and enhance existing partnerships and create new ones with other community organizations to leverage resources, and increase services and opportunities for our customers;

• Focus on providing business-driven services that are aligned with the Board’s targeted industries and occupations;

• Prepare job seekers for higher wage jobs through the attainment of higher-level skill sets;

• Provide employers with a high quality and skilled workforce;

• Demonstrate creativity and innovation in addressing workforce needs;

• Focus on the seamless integration of programs, services, and operations;

• Meet or exceed TWC’s contracted performance measures; and

• Contribute to the Board’s reputation as the region’s leader in developing and supplying a skilled workforce.

B. Activities and Services Solicited in this RFP

Services solicited in the RFP include the operation and management of the Board’s workforce centers, programs and services to adults, youth and business (employer) services. Center operations will encompass the coordinated and integrated delivery of workforce programs and services consistent with local and state plans as well as applicable federal, state and local laws, rules, regulations, policies, and directives.

The operation of the workforce centers includes, but is not limited to, the provision of allowable services and activities under the following programs funded by the Board:

• Workforce Innovation and Opportunity Act (WIOA) Adults, Youth, and Dislocated Workers

(including Rapid Response activities)

• Temporary Assistance to Needy Families (TANF) CHOICES

• Supplemental Nutritional Assistance Program Employment and Training (SNAP E&T)

• CHOICES - Non-Custodial Parents (NCP)

• Reemployment Service & Eligibility Assessment (RESEA)

• Special (Temporary) Projects/Initiatives

Workforce Solutions Cameron reserves the right to assign to the Contractor responsibility for managing additional workforce programs and funds that may be awarded or made available to the Board.

The Contractor will be expected to coordinate with other agencies and programs that are/may be co-located in the workforce centers and in our communities, but not limited to:

• Texas Veterans Commission (TVC) Veterans Employment Service

• Texas Veteran Leadership Program (TVLP)

• Texas Workforce Solutions Vocational Rehabilitation Services

• Adult Education and Family Literacy Act Program (AEL)

• Carl D. Perkins Career and Technical Education Act

• Senior Community Service Employment Program (SCSEP)

• Child Care Services

• Gary Job Corp

• Registered Apprenticeships

• Other workforce center partners

Contractor will also be expected to coordinate with other required workforce center partners including, but not limited to:

• Employment and training activities provided through grant recipients of the United States

Department of Housing and Urban Development (HUD)

• Employment and training activities carried out under the Community Services Block Grant Act

(CSBG)

• Reintegration of Offenders program, authorized under §212 of the Second Chance Act of 2007

• Migrant Seasonal Farm Worker (MSFW) programs under the National Farmworker Jobs Program

(NFJP), authorized under WIOA §170

• YouthBuild Programs, authorized under WIOA §171

• National Dislocated Worker Grant (NDWG) program, authorized under WIOA §170

Contractor is also expected to provide coordinated services for the following priority and targeted populations:

• Veterans and military spouses (service priority)

• Foster Youth (service priority)

• Individual on public assistance

• Unemployed Insurance Claimants

• Individual with Disabilities

• Low-income adults

• Disadvantage youth

• Dislocated workers

• Individuals with low literacy and limited English

• Older workers

• Justice-involved individuals

A detailed description of programs, activities and services solicited under this RFP is contained in

Section IV - Scope of Work.

C. Procurement Standards/Method

This RFP provides a uniform method for the procurement of specified services, providing for full and open competition. It contains the necessary background, information, requirements, and instructions for responding to this RFP. This procurement is conducted in accordance 2 CFR part 200, or applicable OMB

Circular, supplemented by the final rules promulgated by the Office of the Texas Governor under the Uniform Grants Management Standards. Services solicited under this RFP shall be procured under the Competitive Proposal Method outlined in the TWC Financial Manual for Grants and Contracts (FMGC).

D. Legislative Authority

All contracts funded from this RFP are subject to, and Contractors must fully comply with, applicable federal, state and local laws, rules, regulations, and policies including, but not limited to the following:

• Workforce Innovation and Opportunity Act of 2014;

• Wagner-Peyser Act of 1933, as amended;

• Social Security Act §§401-419 U.S.C.;

• Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (PRWORA);

• Agricultural Act of 2014

• TANF Provisions in SSA, 42 USC §§601-609;

• Farm Security and Rural Investment Act of 2002;

• Deficit Reduction Act of 2009;

• Federal regulations 7 C.F.R. Parts 271-273;

• Federal regulations 20 C.F.R. Parts 652 and 675 through 683;

• Federal regulations 45 C.F.R. Parts 260-265;

• Texas Labor Code, Chapter 302, Chapter 307;

• Sections of the Texas Administrative Code Title 40, Part 20; and

• Sections of the Texas Administrative Code Title 1, Part 10, Chapter 202, Subchapter B Information

Security Standards and the Information Resources Management Act (Texas Government Code

Chapter 2054);

E. RFP Schedule of Events

The following schedule of events is subject to change at the discretion of the Board. All requestors of this RFP will be notified of any and all changes. All times shown in the RFP are Central Standard Time

(CST).

Issuance of RFP

March 11, 2024, 10:00 a.m. (CST)

Bidder's Conference

March 18, 2024, 10:00 a.m. (CST)

Deadline for Submitting Bidder’s Questions

March 22, 2024, 5:00 p.m. (CST)

Q&A posted on Board website March 27, 2024

Proposal Due

May 3, 2024, 12:00 p.m. (CST)

Proposal Evaluation Completed

May 24, 2024 (Phase 1)

Evaluations Reviewed by Board Executive Committee June 21, 2024

Top Candidate Presentations to Board

July 25, 2024 Board Approval - ED Authority Re: Transition Contract

Board Approval Contract Negotiations

Transition period begins, if applicable August 1, 2024

Board Approval Workforce Center Contract September 26, 2024

Workforce Center Contract begins October 1, 2024

F. Issuance/Availability of RFP

This RFP is issued at 10:00 a.m., on Monday March 11, 2024, by Workforce Solutions Cameron under the direction of Rafael Vela, Executive Director. Copies of the RFP are available at the office of

Workforce Solutions Cameron located at 700 Ruben M. Torres Blvd. 3rd floor, Brownsville, Texas, 78520, during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.). The RFP may also be obtained at the Board's website: www.wfscameron.org.

G. Response Deadline

Workforce Solutions Cameron must officially receive proposals no later than 12:00 p.m. (CST), on

May 3, 2024. In the event of an act of nature, the date and time for receipt of proposals will be extended appropriately. Official receipt of proposals will be entered into a log of proposals received and verification will be issued by Board staff in the form of a receipt. Proposers who mail their proposal on or before the deadline will be sent a copy of a receipt form upon request.

Proposals may be hand delivered or submitted by certified mail, return receipt requested, or courier.

Faxed or emailed proposals will not be accepted. Proposals should be addressed/externally labeled as follows:

Attention: Rafael Vela, Executive Director

Workforce Solutions Cameron

Workforce Center Operator RFP

700 Ruben M. Torres Blvd. 3rd floor

Brownsville, Texas, 78520

Timely delivery of proposals is the sole responsibility of the proposer. Proposals submitted by mail, courier or overnight delivery services must be received by the deadline specified above, regardless of postmark or shipping date. Workforce Solutions Cameron is not responsible for any failures, errors of omission, or otherwise, on the part of the U.S. Postal Service or other carrier. Disputes concerning late or non-delivered proposals cannot be appealed.

Any modifications or amendments to a proposal (i.e. one already submitted prior to the deadline) must also comply with the above requirements and response deadline. Any proposals or amendments delivered/received after the specified deadline date and time will be deemed non-responsive and will not be considered – absolutely no exceptions.

A signed original and five (5) exact copies of the proposal must be submitted. The bidder is responsible for ensuring that all copies (including the original) contain all required elements and meet all specifications in the RFP. Incomplete originals and/or copies will result in the bidder being deemed non-responsive to this RFP and will not be reviewed. Proposals are subject to the Texas Public Information

Act and the federal Freedom of Information Act. Therefore, any proprietary material contained in a proposal should be clearly marked as “Confidential.”

Proposals may be withdrawn upon written request if made before the response deadline. The cost of returning proposals that are withdrawn shall be the responsibility of the proposer. Once the response deadline is passed, all proposals will become the property of Workforce Solutions Cameron and will not be returned.

H. Bidder's Conference

A bidder's conference will be held at one of the workforce centers located at 1820 W. Jefferson Ave., Harlingen, Texas, on March 18, 2024, at 10:00 am. Bidders also have the option of participating in the bidder's conference via conference call. Potential bidders are required to contact Hazel Quintero at hazel .quintero@wfscameron.org for the conference call number and password. Questions may be posed during the bidder's conference call, but complete answers will not be available until a Question and Answer (Q&A) document is released. It is requested that potential b i d d e r s provide questions to the board in advance of the b i dd e r ' s conference. All questions outside of the bidder's conference must be in writing and e-mailed to hazel.quintero@wfscameron.org, by March 22, 2024, by 5:00 pm. The final Q&A will be posted on the Board's website: www.wfscameron.org on March 27, 2024.

The Bidder’s Conference will be the only opportunity for potential bidders to obtain guidance on the scope and nature of the work required in this RFP or to ask technical questions concerning this solicitation.

Other than as described above, Workforce Solutions Cameron board members, officers, staff, and authorized representatives or agents of Workforce Solutions Cameron are precluded from answering questions concerning this RFP or the procurement process. Contact with board members, Chief Elected Officials or staff regarding this RFP (except as noted above) from the date that this RFP is released until a contract is awarded is strictly prohibited. Violations of this prohibition will result in the automatic disqualification of the offending bidder.

I. Contract Type

The type of contract expected to be executed as a result of this RFP process will be a cost reimbursement contract. A cost reimbursement contract is a contract format wherein all allowable costs detailed in the budget are reimbursed. “Allowable” means allowable under both federal and State requirements and contract terms. All contracts are contingent upon adequate funding from the Texas Workforce

Commission. Final contracts are also subject to any changes in legislation, regulations, or policies issued by funding sources. Workforce Solutions Cameron reserves the right to vary or change the terms of any contract executed as a result of this RFP, including funding levels, the scope of work, performance standards, and the contract period as it deems necessary and in its best interests.

The Board is committed to service excellence and to achieving results. For this reason, the Board will provide a financial incentive for successfully meeting or exceeding Board established criteria. The incentive will be classified as "profit" in the case of for-profit contractors, and a "performance incentive bonus" for non-profit contractors. Profit/incentive funds will be negotiated with the successful proposer.

J. Contract Period

The Board will enter into a one-year contract with the option to renew yearly, for up to four additional years, contingent on satisfactory performance against contract metrics (financial and programmatic), other negotiated contractual requirements, and compliance with contract terms and conditions. In no event shall the total term of a contract exceed five (5) years. The Board reserves the right to terminate the contract at any time it deems advantageous based on performance against contract metrics, other negotiated contractual requirements, and compliance with contract terms and conditions.

K. Eligible Proposers

Individuals, private and public, for-profit and non-profit organizations, community-based organizations, or other entities are eligible to respond to this RFP.

Partnerships, consortiums or joint ventures may submit a proposal. All parties must be eligible proposers and a signed certification must be obtained from each party attesting to their agreement to all terms of the proposal and any resulting contract, if awarded. Proposals from partnerships, consortiums or joint ventures must clearly identify the lead entity that will be responsible for overall operations, financial accountability, legal obligations, and all reporting requirements. A copy of the partnership/consortium/joint venture agreement must be submitted as part of the proposal. The agreement must detail the roles and responsibilities of each party to the agreement. Workforce http://www.wfscameron.org/

Solutions Cameron reserves the right to have such arrangements reviewed by its legal counsel to ensure that they are legally binding.

Proposals may also be submitted using a Managing Director/PEO Model. An agreement must be in place between the Managing Director and the Professional Employer Organization (PEO) or staff leasing company prior to submitting a proposal and the agreement must be submitted as part of the proposal. A contract awarded under this model will be between the Board and the Managing Director only. It is the sole responsibility of the Managing Director to contract with a third entity, such as a PEO.

Minority disadvantaged and women-owned businesses that are certified by the State as Historically

Underutilized Businesses are encouraged to response to this RFP.

Ineligible Entities – Enti t ies that are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any procurement of non-procurement programs by any Federal department or agency are not eligible to respond to this RFP or receive a contract.

Accordingly, a contract requires contractors to certify that they are in compliance with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98.510.

Additionally, any entity that has an outstanding Unemployment Insurance overpayment balance payable to the State of Texas or any for-profit corporation that is delinquent in its franchise tax payments to the

State of Texas is ineligible to respond to this RFP. Under Texas House Bill 1863 and the Texas

Government Code, the Board is prohibited from entering into a contract for the management and operation of the workforce center with any entities that directly provide developmental services (training or education services).

Proposer Competency – Proposer must have the technical competence, knowledge, expertise, management and administrative capabilities and capacity, professional staff, financial resources and stability, and administrative and fiscal systems to carry-out the work described in this RFP. Proposers must meet high standards of public service and fiduciary responsibility. The Board requires assurance that the Contractor’s performance of the terms and conditions of the contract will be undertaken in accordance with the highest level of integrity and business ethics. Proposers must be capable of implementing a system of self-monitoring, including the review of key data related to performance, quality assurance, financial integrity and accuracy, and center operations. Proposers are responsible for being knowledgeable of all laws, regulations, rules, and policies of the funding sources identified in this

RFP. Information on relevant workforce programs including pertinent statutes and regulations can be found through the Texas Workforce Commission’s website https://www.twc.texas.gov. Workforce

Solutions Cameron will provide training on any Board-specific documents, policies and procedures, as necessary, to the selected contractor. Additional information about the Board can be obtained through its website at https://www.wfscameron.org. If the Board determines, at its sole discretion, that the awardee of a contract is not responsible, that it does not possess the administrative, fiscal, and/or technical resources and capabilities necessary to successfully perform under the terms and conditions of a contract, it shall terminate the contract immediately.

Outstanding Monitoring, Audit or Legal Concerns – Bidders must disclose and satisfactorily resolve any and all outstanding monitoring and/or audit concerns from any of the bidder’s other contracts prior to receiving a contract resulting from this RFP. Additionally, bidders must disclose any legal judgments, claims, arbitration proceedings, lawsuits or other legal proceedings pending or outstanding (unresolved) against the organization, its owners, officers, and/or principals.

L. Governing Provisions and Limitations

1. The purpose of this RFP is to ensure uniform information is provided in the solicitation of proposals for the operation and management of local workforce centers. This RFP is not to be construed as a purchase agreement of contract or as a commitment of any kind; nor does it commit Workforce Solutions Cameron to pay for costs incurred in the preparation of a response or any other costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by Workforce Solutions Cameron.

2. The Board reserves the right to accept or reject any or all proposals received, to cancel and/or reissue this RFP in part or its entirety.

3. The Board reserves the right to award a contract for any item/services or group of items/services solicited in this RFP in any quantity the Board determines is in its best interest.

4. This is a negotiated procurement utilizing the Request for Proposal method, and, as such, the selection and award of a contract does not have to be made to the respondent submitting the lowest priced offer or highest score/ranking, but rather to the respondent submitting the most responsive proposal that satisfies the Board’s requirements and is determined to be in the Board’s best interests.

5. The Board reserves the right to waive any defect in this procurement or to correct any error(s) and/or make changes to this solicitation as it deems necessary.

6. The Board reserves the right to request additional information, clarification, or explanation of any aspect of a response to this RFP.

7. The Board reserves the right to negotiate the final terms of any and all contracts or agreements with proposers 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.

8. The Board reserves the right to contact any individual, agency, employer, or grantee listed in a proposal, to contact others who may have experience or knowledge of the proposer’s relevant performance and/or qualifications, and to request additional information from any and all proposers.

9. The Board reserves the right to conduct reviews of records, systems, procedures, credit and criminal background checks, etc. of any entity selected for funding. This may occur prior to or subsequent to the award of a contract or agreement. Any misrepresentation of a proposer’s ability to perform as stated in the proposal may result in the disqualification of the proposer or the cancellation of any contract or agreement awarded as a result of the RFP.

10. Workforce Solutions Cameron or its designee will conduct a pre-award review of the selected proposer prior to the execution of a final contract.

11. The Board reserves the right to withdraw or reduce the amount of any award or to cancel any contract or agreement resulting from this procurement due to inadequate funding from TWC or due to legislative changes.

12. The Board reserves the right to impose and or negotiate, as appropriate , additional requirements and refinements to the terms and conditions, scope of work, performance measures, and funding amounts during the course of any contract.

13. Proposers shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any board member, officer, employee, or agent of Workforce Solutions

Cameron for the purpose of having an influencing effect on this procurement.

14. Proposers shall not attempt in any manner to advocate for, lobby, or otherwise attempt to influence any board member, officer, employee, proposal evaluator, authorized agent of Workforce

Solutions Cameron, or elected official for the purpose of having an influence effect on this procurement.

15. Proposer shall not engage in any activity which would restrict or eliminate competition. Violation of this provision may cause a proposer to be disqualified. This does not preclude partnerships, consortiums, joint ventures, or subcontracts.

16. No board member, officer, employee, or agent of Workforce Solutions Cameron shall participate in the selection, award or administration of a contract supported by Board funds if a conflict of interest, real or apparent, exists.

17. All proposals must be an original work product of the proposing entity. The copying, paraphrasing or otherwise using substantial portions of the work product of others and submitted hereunder as original work of the proposer is not permitted. Failure to adhere to this instruction may cause the proposal to be disqualified and rejected.

18. All proposals and accompanying attachments will become the property of Workforce Solutions

Cameron after submission (unless withdrawn before the submission deadline), and will not be returned.

19. The contents of a successful proposal may become a contractual obligation if selected for award of a contract. Proposers must intend to fulfill all of the representations made in their proposal.

Failure of proposer to accept this obligation may result in cancellation of the award. No plea or error or mistake shall be available to a successful proposer as a basis for release of proposed services at stated price/cost. Any damages incurred by Workforce Solutions Cameron, as a result, of a successful proposer’s failure to contract may be recovered from the proposer.

20. The Board reserves the right to deem non-responsive or disqualify any proposal that, in its sole determination, does not comply with or conform to the terms, conditions, and/or requirements of this RFP.

21. A contract with the selected proposer 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. The Board may withdraw award of a contract if the resolution is not satisfactory to the Board.

M. Administrative Requirements and Other Limitations

1. Employees of a contractor are subject to the exclusive control and supervision of the contractor.

Contractor is solely responsible for the oversight, management, supervision, hiring, discipline, termination, training, evaluation, etc. for its employees.

2. The successful proposer will have management authority over Texas Workforce Commission

(TWC) personnel funded under the Wagner-Peyser Act providing Employment Services under the Texas Model. The contractor shall ensure that such staff are integrated into the overall delivery of services in the workforce centers.

3. Contractors must have a single audit performed annually by an independent auditor in accordance with the requirements set forth in the TWC Financial Manual for Grants and Contracts. A copy of the audit, including management letter, must be submitted to the Board. Workforce

Solutions Cameron reserves the right to conduct or cause to be conducted an independent audit of all funds received under a contract issued by the Board, notwithstanding the afore-mentioned requirement. Such audits will be conducted in accordance with applicable laws, rules, regulations, and established professional standards and practices.

4. Contractor must agree to comply with all rules, policies, directives and plans issued by the Board and the Texas Workforce Commission.

5. Contractor shall be responsible for ensuring compliance with all applicable laws, rules, regulations, policies, and directives governing the programs identified under this RFP.

6. All contractors are subject to compliance monitoring (fiscal and program). At any time during normal business hours, and as often as deemed necessary, staff of Workforce Solutions

Cameron, TWC, the U.S. Department of Labor, Health and Human Services, other State and

Federal agencies, or their duly authorized representatives shall have complete access to any and all records or papers that are related to a contract resulting from this RFP for the purpose of verifying performance and compliance with contractual terms and conditions, and applicable laws, rules, regulations, and policies.

7. Contractors must provide timely reports or information on clients, finances, performance, and program operations as may be requested or required by the Board.

8. Contractors will be responsible for maintaining the physical appearance and condition of workforce centers as well as equipment and furnishings.

9. Contractors shall be responsible for meeting or exceeding all assigned state, federal and local performance measures associated with programs that are part of this RFP and any resulting contract. Contractors shall also be responsible for any changes in performance measures that may occur during the contract period.

10. Contractors will be required to prepare and maintain participant and financial records in accordance with policies and instructions issued by the Board. All records from a program and/or contract year must be retained for three (3) years from the date closeout reports are submitted and accepted by the Board, unless any litigation, claim, negotiation, audit or other action involving the records has been initiated before the end of the retention period. Contractor must receive written authorization from the Board for the disposition or destruction of records.

11. Contractors will be required to maintain a case file for each workforce program participant in accordance with standards established by the Board. Such files are considered the property of the Board and must be turned over to the Board upon request or upon the end of the contract.

12. Contractors will be required to input data on workforce center customers into the designated data reporting system as well as the Work-In-Texas (WIT) system in accordance with policies and directives issued by the Board and/or the Texas Workforce Commission. Contractors will be responsible for ensuring the integrity of all data, records and reports. Contractor must ensure that all data is entered in a timely and accurate manner.

13. Contractors will be expected to fully cooperate with the Board in planning and implementing any changes to the service delivery system, including changes in the number, type and/or configuration of facilities as deemed necessary and appropriate by the Board.

14. Contractors will be expected to fully cooperate with the Board in the development and implementation of partnerships and collaborations with other community organizations to maximize resources and services for the benefit of workforce center customers. This includes any Memorandum of Understanding (MOU) or other agreement as may be entered into by the

Board. This does not preclude the contractor from initiating such partnerships on their own.

15. Contractors must ensure that workforce centers are open to the public, at a minimum of

Monday through Friday, from 8:00 a.m. to 5:00 p.m. (CST), except for authorized holidays or other authorized closures, and at such other times the Board deems necessary to meet local need for services. The Board may require all or specific centers to maintain extended hours of operation, including weekends. Proposers may propose additional/extended service hours.

16. Any and all purchases/procurements of goods and services by a contractor with funds received under a contract issued by the Board must comply with all applicable federal, state and local laws, rules, regulations, and policies, including the requirements specified in the TWC Financial Manual for Grants and Contracts.

17. The Contractor must ensure that centers are adequately staffed at all times during the duration of the contract to provide required services and activities as specified in this RFP.

18. Contractors may not charge customers eligible for workforce programs a fee for any service.

However, fee-for-service for non-eligible individuals or outside organizations is permissible. If the proposer intends to offer any fee-for-services, the service and fee structure must be fully described in their proposal and approved by the Board prior to implementation. The Board reserves the right to retain all or a portion of any income generated from such activities.

19. Indirect Rates or Management Fees must meet the requirements specified in the TWC Financial

Manual for Grants and Contracts. Rates and fees must be supported by appropriate documentation.

Indirect rates must be approved by a cognizant agency. Indirect cost rates or management fees charged to a contract will be negotiated.

20. Profit (in the case of for-profit entities only) or a performance bonus (for non-profit entities) is an allowable cost. Profit or performance bonus will be negotiated.

21. Proof of insurance is not a requirement for the submission of a proposal, but selected proposers will be required to obtain all insurances specified in this RFP and provide the Board with proper certificates or policies prior to commencing work under a contract resulting from this RFP.

Workforce Solutions Cameron and its Board of Directors must be listed as an additional insured on each policy.

The following types and amounts of bonding and insurance shall be required of the Contractor:

(a) Errors and Omissions - One million dollars ($1,000,000) occurrence/2,000,000 aggregate.

(b) Commercial General Liability - Two million ($2,000,000) aggregate and one million

($1,000,000) per occurrence.

(c) Automotive Liability - One million dollars ($1,000,000) bodily injury and property damage combined single limit including owned, hired & non-owned or any auto.

(d) Fidelity Bonding - Three hundred thousand dollars ($300,000).

(e) Umbrella Insurance - One million dollars ($1,000,000) aggregate and one million

($1,000,000) per occurrence.

(f) Abuse and Molestation-- $1,000,000 occurrence/$2,000,000 aggregate

Workers Compensation – Worker’s Compensation insurance on all of Contractor’s employees and program participants enrolled in activities in which participants qualify as

“employees”, that complies with all provisions of the Texas Worker’s Compensation Act. If self-insured, the Contractor must warrant that it will maintain coverage sufficient to cover any liability as specified above. If the Contractor is a State agency and is self-insured, then the

Contractor must be able to pay any obligation that it incurs from performance under a Contract resulting from this RFP.

Contractors must ensure that all WIOA program participants engaged in work experience are provided with appropriate insurance coverage. To the extent that the state workers’ compensation law applies, workers’ compensation must be provided to participants in programs and activities under Title I of WIOA on the same basis as the compensation is provided to other individuals in the state in similar employment. Workers’ compensation must be available for injuries suffered by the participant in such work experience. If the workers’ compensation law does not apply to a participant in work experience, insurance coverage must be secured for injuries suffered by the participant in the course of such work experience.

22. Contractors must ensure that all activities and services provided pursuant to an executed contract comply with the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, with respect to physical and program accessibility.

23. Contractor must ensure that all activities and services provided comply with the following requirements. Pursuant to 2 C.F.R. §200.432, subrecipients will be held accountable to the requirements for conference and conference space. Pursuant to 15 U.S.C. § 2225a, subrecipients must ensure that all space for conferences and conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and

Motel Fire Safety Act (Pub. L. 101-391, as amended).

24. Contractors must conduct all programs and services in accordance with the provisions of the following laws:

• Titles VI & VII of the Civil Rights Act of 1964, as amended;

• The Age Discrimination in Employment Act of 1967, as amended;

• Americans with Disabilities Act of 1990, as amended;

• Texas Commission on Human Rights Act, as amended;

• Equal Pay Act of 1963, as amended;

• Pregnancy Discrimination Act of 1978;

• Non-Traditional Employment for Women Act of 1991, as amended;

• All applicable rules and regulations issued under these laws. Contractors shall not deny the benefits of any program, activity or service to any person, and are prohibited from discriminating against any employee or applicant for employment on the basis of race, color, national origin, sex, sexual orientation, religion, age, physical or mental disability, temporary medical condition, political affiliation, belief or any other characteristic covered by state or federal law.

As a condition to the award of financial assistance from the Department of Labor under Title I of

WIOA, the grant applicant assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance:

(A) Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I-financially assisted program or activity;

(B) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

(C) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;

(D) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and

(E) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

(i) The grant applicant also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I-financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.

N. Transition Planning

Proposers will need to include a Transition Plan in their proposals, with all activities being completed by

September 30, 2024. The Board requires that any entity awarded a contract resulting from this RFP:

• Give first consideration in employment to current employees providing services in the workforce centers who may be displaced as a result of this procurement;

• Provide for open enrollment into insurance/benefits for staff transitioned from the previous contractor with coverage available on the first day of employment (October 1, 2024); and

• Contractor will accept rollover of accrued, unused annual leave time as allowed under the previous contractor’s policies for transitioned staff, not to exceed 40 hours.

O. Funding

Funding for all activities and services is contingent upon the receipt of sufficient program funds from the Texas Workforce Commission and other funding sources of Workforce Solutions Cameron.

SECTION III – PROPOSAL REVIEW AND SELECTION PROCESS

The selection and award of a contract resulting from this RFP will be made only to a “responsible contractor” who has the demonstrated competence and qualifications, including but not limited to: a satisfactory record of past performance; integrity and business ethics; fiscal…