ESBD_File_354219_WSRCA RFP 320-15-2401 Workforce Management Operator 2024.pdf

WSRCA RFP 320-15-2401

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 1

REQUEST FOR PROPOSALS

FOR

MANAGEMENT & OPERATIONS OF

WORKFORCE CENTERS

FOR

RURAL CAPITAL AREA WORKFORCE DEVELOPMENT BOARD,

INC.

d.b.a.

WORKFORCE SOLUTIONS RURAL CAPITAL AREA

RFP #320-15-2401

Issue Date: Friday, March 22, 2024

Response Deadline: Tuesday April 30, 2024, 11:59 p.m. CST

RFP links:

https://workforcesolutionsrca.com/procurement https://workforcesolutionsrca.bonfirehub.com/ https://esbd.cpa.state.tx.us

Workforce Solutions Rural Capital Area is an Equal Opportunity Employer/Program Auxiliary Aids and Services are available upon request to individuals with disabilities.

Relay TX: 711 or 1-800-735-2988 (Voice) or 1-800-735-2989 (TDD) https://workforcesolutionsrca.com/procurement https://esbd.cpa.state.tx.us/

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 2

TABLE OF CONTENTS

PART 1. INTRODUCTION AND BACKGROUND

PART 2. PROPOSAL INFORMATION

2.1 Purpose

2.2. Definitions

2.3 Procurement Standards

2.4 Applicable Authorities

2.5 Eligible Proposers

2.6 Ineligible Proposers

2.7 Proposer Qualifications & Competencies

2.8 Procurement Process

2.9 Point of Contact

2.10 Procurement Schedule

2.11 Issuance and Availability of RFP

2.12 Bidders Conference

2.13 RFP Questions

2.14 Mandatory Letter of Intent to Bid

2.15 Proposal Submission

2.16 Withdrawal of Proposals

2.17 Open Records and Texas Public Information Act

2.18 Award

2.19 Contract Type

2.20 Funding

2.21 Additional Services

2.22 Subcontracting

2.23 Contract Re-Assignment

2.24 Equal Opportunity / Non-Discrimination

2.25 Governing Provisions and Limitations

2.26 Administrative Requirements and other Limitations

PART 3.0 SCOPE OF WORK

3.1 Business Solutions and Employer Services

3.2 Business and Industry Service Strategies

3.3 Training - Targeted Occupations

3.4 Performance

3.5 Compliance Monitoring

3.6 Tracking and Reporting

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3.7 Budgeting

3.8 Information Technology (IT) Requirements

3.9 Transition Planning

3.10 Staffing

3.11 Facilities and Equipment

3.12 Funding Workforce Programs

3.13 Activities and Services Not Solicited in This RFP

PART 4 - PROPOSAL REVIEW AND EVALUATION PROCESS

4.1 Proposal Review and Evaluation

A. Evaluation Process

4.2 Evaluation Criteria

4.3 Best and Final Offers

4.4 Selection and Award Announcement

4.5 Inquiry and Appeal Process

PART 5 - PROPOSAL PREPARATION AND SUBMISSION

5.1 Instructions for Submitting a Proposal

5.2 Proposal Validity Period

5.3 Submission Order

5.4 Proposal Narrative

PART 6 –EXHIBITS

EXHIBIT A – FUNDING LEVELS

EXHIBIT B - TARGET OCCUPATIONS BCY 2023

EXHIBIT C – CONTRACTED PERFORMANCE MEASURES

EXHIBIT D – WORKFORCE CENTER STAFFING PER LOCATION

EXHIBIT E – PROGRAM ACTIVITY/SERVICE MATRIX

EXHIBIT F - WSRCA BOARD & CAREER CENTER LOCATIONS

EXHIBIT – G - SAFEGUARDS FOR TWC INFORMATION

PART 7 ATTACHMENTS

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 4

ATTACHMENT A – MANDATORY LETTER OF INTENT TO BID

ATTACHMENT B – PROPOSAL COVER SHEET

ATTACHMENT C – RESPONSE CHECKLIST/ORDER OF SUBMISSION

ATTACHMENT D. – CERTIFICATION OF PROPOSER

ATTACHMENT E – FISCAL MANAGEMENT SYSTEMS SURVEY

ATTACHMENT F. – ADMINISTRATIVE MANAGEMENT SURVEY

ATTACHMENT G – CERTIFICATION REGARDING LOBBYING

ATTACHMENT H – CERTIFICATION REGARDING DEBARMENT

ATTACHMENT I –CERTIFICATION REGARDING DRUG-FREE WORKPLACE 87

ATTACHMENT J – TEXAS CORPORATE FRANCHISE TAX CERTIFICATION . 89

ATTACHMENT K – CERTIFICATION REGARDING CONFLICT OF INTEREST 90

ATTACHMENT L – STATE ASSESSMENT CERTIFICATION

ATTACHMENT M – CERTIFICATE OF COMPLIANCE WITH TEXAS FAMILY

CODE 231.006 REGARDING PAYMENT OF CHILD SUPPORT

ATTACHMENT N –IMPLEMENTATION OF THE NON-DISCRIMINATION &

EQUAL OPPORTUNITY PROVISIONS AND THE WORKFORCE INNOVATION

AND OPPORTUNITY ACT (WIOS)

ATTACHMENT - O- UNDOCUMENTED WORKER CERTIFICATION

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 5

PART 1. INTRODUCTION AND BACKGROUND

Rural Capital Area Workforce Development Board (RCAWDB), INC. d/b/a Workforce Solutions Rural Capital Area (hereinafter referred to interchangeably as the “Board,” “Workforce Solutions,” or “WSRCA” serves as the leadership and governing body for the area’s workforce system. The Board is charged with planning and oversight responsibilities for workforce programs and services in our nine-county region.

WSRCA is organized as a nonprofit corporation in the State of Texas, with tax-exempt status under IRS code 501(C) (3). WSRCA, a private, non-profit organization established in 1987, is part of the Texas Workforce Solutions Network, and one of twenty-eight boards in the State.

Our service area, known as the Rural Capital Workforce Development Area, serves a 9-county region: Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, and Williamson Counties. Information on WSRCA services may be found at https://workforcesolutionsrca.com.

The Board is led by a volunteer Board of Directors comprised of a group of community leaders appointed by local elected officials. The Board is a public/private partnership, with its Directors representing business, education, labor, economic development, community-based organizations, and public entities. Board members are the “trustees” or guardians of the state’s workforce development system.

The Board serves as the designated grant recipient and administrative entity for workforce development program funds allocated to the Rural Capital Area. WSRCA’s annual revenues for 2023 are approximately $51 million. Over 98% comes from federal and state funding sources under grants awarded by the Texas Workforce Commission and federal agencies.

https://workforcesolutionsrca.com/

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The Board’s responsibilities include, not limited to:

1. Strategic and operational planning

2. Design of the local workforce delivery system, including the establishment of one-stop Workforce Centers.

3. Oversight and evaluation of workforce development activities.

4. Connecting and aligning the components of the regional workforce system.

5. Leveraging and investing workforce development resources.

6. Providing policy guidance.

7. Advocacy for workforce issues and needs.

8. Building partnerships in support of local workforce initiatives.

9. Linking the workforce system and its owners (taxpayers).

Our Vision

Our urban and rural employers will have a highly educated and skilled workforce and our residents will have the competencies, skills, and education to become self-sufficient and live a quality life.

Our Mission

Build an employer-driven workforce system that meets the demands of a global economy by actively involving industry and business leaders in workforce development decisions that allows them to identify labor and economic trends, obtain customized training and hire high skilled workers, while simultaneously promoting the welfare, orientation, assessment, education, training, and placement of job seekers who are searching for profitable and self-sufficient employment.

Our Goals

1. Enhance and sustain the integrated career development system.

2. Increase the number of employers utilizing business services.

3. Increase incumbent worker training opportunities for small and mid-size employers.

4. Inform and educate employers and job seekers about the services available at the Workforce Centers.

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Workforce System Goals and Expectations

WSRCA is committed to a strong economic environment, growing industries, highly competitive and profitable businesses, skilled productive workers and growing, thriving communities. WSRCA services represents the vision and priorities of the Board to the community.

The WSRCA service delivery model is responsive to the area’s unique needs and supportive of the economic development priorities in the business community of the area. The WSRCA workforce centers are the primary vehicle for service delivery for thousands of workers and businesses in the nine-county area. The services provided to employers and job seekers are customer focused and customer driven, integrated, are the highest quality, and follow the Board’s priorities and policies to achieve the Board’s strategic goals and objectives.

The WSRCA Workforce System is the focal point and public face of the local workforce development service delivery system. It provides access to a broad array of services and information in one place. It is designed to serve a diverse range of customers with diverse needs and is a vital link in connecting job seekers and employers.

WSRCA’s Workforce System is both integrated and customer driven providing a seamless service delivery system. The Integrated and Customer Driven System (ICDS) operates successfully in an environment that is structured yet flexible, always consistent with the Board’s vision, objectives, and strategies. The ICDS maximizes customer satisfaction and promotes ease of access to services for all WSRCA customers.

The Integrated Customer Driven System promotes efficiencies, use of technology and data, braiding of funding to enhance service delivery, integration of staff, and other innovative solutions to continuously improve the quality of services and customer experience.

Customers are provided an array of services that support job seekers to access job openings for which they may qualify to secure the skills needed for employment success. The ICDS provides holistic services including both a positive experience and achievement of required results for job seekers and businesses.

WSRCA Integrated Customer Driven System components and expectations are:

1. An integrated one-stop system of service delivery that serves as an on-ramp for all partner services.

2. Increase customer access to comprehensive, timely, responsive, and customized services with a focus on individuals with barriers to employment.

3. Align the industry sector needs to services provided to job seekers.

4. A “no wrong door” and expedited eligibility system.

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5. Active partnership and coordination with community-based agencies and partner organizations.

6. Use and analyze data to drive decision-making in-service delivery.

7. Focus on providing services, not programs.

8. Serve customers effectively and improve customer service with both external and internal customers through cross-program referrals and the implementation of seamless, integrated service delivery strategies.

9. Identify career pathways (responding to industry talent needs) and offer customers the opportunity to obtain the skills and credentials necessary to find better jobs at better wages.

10.Enhance employer engagement to build an occupational skills demand-driven system, improve business services, and provide more work-based learning opportunities.

11.Align individual program policies and procedures, and processes (when not constrained by program-specific law or regulation) to achieve greater partnership in service delivery.

12.Seek practical opportunities to share resources, reduce redundancies and waste, and make integrated service delivery more streamlined for customers and frontline staff.

13.Strengthen frontline staff relationships and system affiliation, offer staff training in partner services, and provide tangible, helpful tools to facilitate seamless service delivery.

14.Support partner programs to ensure they achieve success with the performance indicators.

15.Increase employer involvement in the current workforce system to improve the system by designing seamless integrated service delivery systems to maximize customer satisfaction and promote ease of access to services for all Workforce Solutions customers.

16.Refer qualified job seekers to employers.

17. Support customers by ensuring WorkInTexas applications are complete and includes relevant resumes for job seekers.

18.Implement a comprehensive Management and Operations system of the

Workforce Centers that supports the Board’s Strategic Plan.

19.Provide high quality customer service, with positive customer experience and required results for job seekers and employers.

20. Work with job seekers to ensure Work In Texas applications are complete, accurate and relevant.

21.Provide customers with user-friendly, easily accessible information and services.

22.Staff from entry level to senior management are Workforce knowledgeable through cross training among all services and programs.

23.Conduct honest assessments of job seekers skills, interests and abilities.

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24. Provide prompt assistance to customers to facilitate their understanding of what they need, and successfully access and use the appropriate services to meet their needs.

25.Provide personalized and professional services for job seekers and employers.

26. Implement continuous improvement processes and strategies to serve customers and employers more efficiently and timely.

27.Ensure accountability for performance at the staff, unit, and contractor levels.

28. Develop credibility among community leaders and stakeholders.

29.Ensure Staff diversity at workforce centers is reflective of the communities they serve.

The WSRCA Delivery System aligns with the Board’s targeted industries:

1. Manufacturing / Advanced Manufacturing

2. Skilled Trades

3. Healthcare

4. Information Technology

5. Retail / Hospitality

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PART 2. PROPOSAL INFORMATION

2.1 Purpose

Workforce Solutions Rural Capital Area (WSRCA) is soliciting proposals from qualified, eligible, and experienced independent entities for the effective and efficient Management and Operations of Workforce Centers and the related programs and initiatives therein established by the Board for the nine-county Rural Capital Area.

The proposals must demonstrate an integrated and seamless service delivery system to maximize customer services and customer satisfaction and implement an ease of access to services for all Rural Capital Area customers. The full range of service expectations is detailed in 3.0 – Scope of Work.

The Board will contract with a single entity that embodies the WSRCA business culture and management philosophy to meet the expectations for excellent performance, quality services and customer satisfaction. The Board at its discretion may also elect to sub-contract specific program initiatives and services.

2.2. Definitions

For this solicitation:

• The words “Bidder,” “Offeror,” and “Proposer” are interchangeable and shall refer to an entity submitting a proposal in response to this RFP.

• The words “Board,” “Workforce Solutions Rural Capital Area,” “WSRCA” and

“RCA” are interchangeable and refer to the Workforce Solutions Rural Capital Area Board, the issuer of this RFP.

• The term “Contractor” shall refer to entities awarded and entering a formal contract with WSRCA.

2.3 Procurement Standards

This Request for Proposal (RFP) provides a uniform method for the procurement of specified services, providing for full and open competition. It contains the necessary background, requirements, technical specifications, information, and instructions for responding to the RFP. This RFP provides information for organizations to determine if their services, business culture, and management philosophy meets the Board’s expectations for excellent performance, quality services and customer satisfaction.

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This procurement is conducted in accordance with 2 CFR part 200 the applicable OMB Circular, supplemented by the final rules promulgated by the Office of the Texas Governor under the Uniform Grants Management Standards, and the Texas Workforce Commission’s Financial Manual for Grants and Contracts chapter 14.

Services solicited under this RFP shall be procured under the competitive negotiation method of procurement.

This RFP 1) Outlines the expectations of the Board regarding the contractual relationship with the successful offeror(s), 2) Provides guidance on responding to this request for proposal and 3) Provides information for offerors to determine if their services, business culture and management philosophy meets the Board’s expectations for excellent performance, quality services and customer service.

This RFP is not to be construed to be as a purchase agreement, contract or as a commitment of any kind. Nor does it commit WSRCA to pay for costs incurred in the preparation of a response or any other costs incurred prior to the execution of formal contract unless such costs are specifically authorized in writing by WSRCA.

2.4 Applicable Authorities

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

All applicable federal statues, regulations, policies, and guidance as presently in effect and as may become effective during this Award.

Workforce Innovation and Opportunity Act (WIOA) 2014;

Wagner-Peyser Act of 1933, as amended; (29 USXA S. 29 et.seq) Personal Responsibility and Work Opportunity and Reconciliation Act of 1996

(Public Law 104-193) as amended by the Deficit Reduction Act of

2005;(PRWORA);

Agricultural Act of 2014;

Food, Conservation and Energy Act of 2008;

Bipartisan Budget Act of 2015;

Deficit Reduction Act of 2009;

Food Stamp Employment & Training 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. Chapter II;

Texas Labor Code, Chapter 302, Chapter 307;

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);

Texas Administrative Code Title 40, Part 20;

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Texas Government Code Title 10 Chapter 2308 Office of Management and Budget’s Uniform Guidance at 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements and 2 C.F.R. Part 2900, Department of Labor (DOL) exceptions to 2 C.F.R. Part 200.

Social Security Act, 42 USC, §§603-619, as amended.

Social Security Act - Portions of Public Assistance Programs.

Balanced Budget Act of 1997, Public Law 105-33.

Plans and Policies of Workforce Solutions Rural Capital Area related to workforce center programs and operation.

See Texas Workforce Commission web page for more information at:

https://twc.texas.gov/agency/laws-rules-policy

2.5 Eligible Proposers

Entities possessing the capacity and demonstrated ability to perform exceptionally under the terms and conditions of a contract with the Board are encouraged to respond. Eligible proposers include the following:

a. Public and private, for profit and nonprofit organizations, community Based Organizations (CBO’s), and Faith Based.

b. Minority, disadvantaged, veteran and/or women-owned businesses that are certified by the State as Historically Underutilized Businesses are encouraged to respond to this RFP.

c. Partnerships, consortiums, or joint ventures may submit a proposal. All parties must be eligible proposers. Each party must sign Attachment D. Certification of Proposer. attesting to their agreement to all terms of the proposal and any resulting contract, if awarded.

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

e. 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.

https://twc.texas.gov/agency/laws-rules-policy

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2.6 Ineligible Proposers

a. Entities 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.

b. The Board is prohibited from contracting with any entity debarred, suspended, or otherwise excluded from or ineligible for participation. Accordingly, a contract requires contractors to certify compliance with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participant’s Responsibilities. The contractor must certify that to the best of its knowledge and belief that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or Agency. 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 workforce centers with any entity that provides workforce education or workforce training services.

c. 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. Entities that directly provide developmental services (training or education services) are ineligible to respond to this RFP.

2.7 Proposer Qualifications & Competencies

The Board is seeking proposals from entities that possess the following:

a. Technical competence, knowledge and 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.

b. Demonstrated capacity, skills, professional judgment and demonstrated ability to accomplish the work solicited in the RFP and perform successfully under the terms and conditions of a contract with the Board.

c. Experience and expertise of similar scope as this RFP.

d. Experience working with non-profit, governmental, quasi-governmental organizations and community partners.

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 14

e. Experience and program knowledge necessary to provide exceptional customer service and satisfaction while maintaining and exceeding program performance standards.

f. Experience managing multiple funds to the Board’s expectations.

g. Knowledge and experience with all applicable federal and state laws, regulations, rules, and policies of the funding sources identified in this RFP.

The selected contractor will be required to assume full responsibility for all services included in the contract. The Contractor may not assign, transfer, or otherwise dispose of any portion of a contract in whole or in part, to any third party, without the prior written approval of the Board.

h. Knowledge of the federal and state workforce programs, including but not limited to: Workforce Investment Opportunity Act (WIOA), Temporary Assistance for Needy Families (TANF), Child Care and Development Fund, Supplementary Nutrition Assistance Program (SNAP), Workforce and Education Readiness Continuum (WERC), Incumbent Worker Training (IWT), Vocational Rehabilitation (VR), Summer Earn and Learn (SEAL), and Wagner-Peyser Employment Services.

i. Proficiency with of Generally Accepted Accounting Principles (GAAP)

Standards; Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance); the State of Texas Single Audit Circular; and the requirements regarding audits set forth in the Texas Workforce Commission’s Financial Manual for Grants and Contracts.

j. Demonstrated experience and ability to meet high standards of public service and fiduciary responsibility.

k. Assurance the Contractor’s performance of the terms and conditions of a contract with the Board will be undertaken in accordance with the highest level of integrity and business ethics.

l. Demonstrated capability to implement a system of self-monitoring, including the review of key data related to performance, quality assurance, financial integrity and accuracy, and center operations.

m. Outstanding Monitoring, Audit or Legal Concerns – Bidders must disclose and satisfactorily resolve 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.

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 15

2.8 Procurement Process

WSRCA will utilize Bonfire to manage this solicitation, Request For Proposal (RFP) Management & Operations of Workforce Center 350-15-2401. Interested proposers must register through the Bonfire website to respond to this solicitation. Proposers will be able to access solicitation documents and submit proposals and communicate through the portal.

Please register for free at the link below:

https://workforcesolutionsrca.bonfirehub.com/portal/?tab=openOpportunities

Click on “Register” in the upper right-hand corner and follow the instructions.

Upon registration, utilize the WSRCA Bonfire portal page for all communication and proposal submittal. https://workforcesolutionsrca.bonfirehub.com/.

WSRCA has contracted with The Syndicate Wave to assist with the management of the solicitation to include facilitation of the bidder’s conference and evaluation process.

2.9 Point of Contact

The WSRCA point of contact for this solicitation is Nellie Reyes, Director of Procurement and Contract Administration. nellie.reyes@ruralcapital.net.

2.10 Procurement Schedule

The following schedule is subject to change at the discretion of WSRCA.

Activity Date Time

Notice of Intent to Post Thursday, February 15, 2024 RFP Release Date Friday, March 22, 2024 5:00 PM Bidder’s Conference Thursday, April 4, 2024 10:00 AM Proposers Questions Due Wednesday, April 10, 2024 4:00 PM Responses To Questions Posted Wednesday, April 17, 2024 4:00 PM Mandatory Letter of Intent Form Friday, April 19, 2024 4:00 PM Proposals Due Tuesday, April 30, 2024 11:59 PM Administrative Review May 1 – 2, 2024 Evaluation Period May 3 – May 13, 2024 Oral Presentations to Board Committee Thursday, May 16, 2024 10:00 AM

Recommendations Executive Committee Wednesday, June 12, 2024 Board Action Selection/Award Wednesday, June 19, 2024 Contract Negotiations June 19 – July 15, 2024 Contract Award and Transition July 16 – September 20, 220242024202024 https://workforcesolutionsrca.bonfirehub.com/portal/?tab=openOpportunities mailto:nellie.reyes@ruralcapital.net

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Estimated Contract Start Date October 1, 2024

2.11 Issuance and Availability of RFP

This RFP is issued Friday, March 22, 2024, by the Workforce Solutions Rural Capital Area (WSRCA) Board, under the direction of Paul Fletcher, Chief Executive Officer, 701 E Whitestone Blvd., Suite 200, Cedar Park, TX 78613. The RFP is available on WSRCA Bonfire portal page https://workforcesolutionsrca.bonfirehub.com/, the Electronic State Business Daily (ESBD) website: https://www.txsmartbuy.com/esbd and the WSRCA website:

https://workforcesolutionsrca.com/procurement. The proposal submission must be conducted via Bonfire.

2.12 Bidders Conference

WSRCA will provide Proposers with an opportunity to address the RFP requirements.

WSRCA will host a Bidder’s Conference in person in Austin, Texas which will also be available via ZOOM on Thursday, April 4, 2024, 10:00 am. Proposers must register and complete the Bidder’s Conference Registration Form through the Bonfire portal to attend the Bidder’s Conference. The address, location and ZOOM meeting will be sent to only those who complete the registration form.

Bidders can request a tour of a Workforce Center which can be provided following the bidder’s conference. This will be the only time that a tour will be facilitated and allowed. A tour request must be made on the Bidder’s Conference Registration Form.

2.13 RFP Questions

Bidders may submit questions to https://workforcesolutionsrca.bonfirehub.com/ by Wednesday April 10, 2024, 4:00 PM. All properly submitted questions will be compiled and responded to in a Q&A document posted on the Bonfire link listed above by Wednesday, April 17, 2024. WSRCA reserves the right to determine the appropriateness of comments and questions that will be posted.

Note: All WSRCA staff, Board members, officers, or authorized representatives are precluded from entertaining or answering questions concerning this RFP or the procurement process. Bidders are asked to respect this condition by not asking questions or making requests for assistance, except by submitting questions as stated above. All solicitation inquiries are to be directed to the WSRCA Director of Procurement and Contract Administration.

https://www.txsmartbuy.com/esbd https://workforcesolutionsrca.com/procurement

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2.14 Mandatory Letter of Intent to Bid

Proposers interested in submitting a proposal for this RFP are required to submit Attachment A, Mandatory Letter of Intent to Bid by Friday, April 19, 2024, 4:00 PM. Proposals will NOT be accepted from proposers who did not submit the required letter by the established deadline. The Letter of Intent to Bid must be uploaded on the WSRCA bonfire hub at: https://workforcesolutionsrca.bonfirehub.com/.

2.15 Proposal Submission

Proposals must be submitted no later than Tuesday, April 30, 2024, by 11:59 PM CST.

Bidders shall provide an electronic submission of proposal responses and required documents via: https://workforcesolutionsrca.bonfirehub.com/.

Proposals received after the due date and time will not be accepted or considered under this procurement. No exceptions will be made to this requirement for any reason.

The timely delivery of proposals is the sole responsibility of the proposer. WSRCA is not responsible for any failures and/or errors of omission. Disputes concerning late or non-delivered proposals cannot be appealed. Any proposals or amendments received after the specified deadline will not be considered and will be deemed as late and non-responsive.

Any modification or amendment to a proposal already submitted must also comply with the above requirements and response deadline. Any proposals or amendments delivered/received after the specified deadline will not be considered for review and will be deemed as late and non-responsive.

2.16 Withdrawal of Proposals

A submitted proposal may be withdrawn at any time prior to the scheduled due date by following the steps in Bonfire at https://workforcesolutionsrca.bonfirehub.com/.

A withdrawn proposal will not be considered for review or award and will become the property of WSRCA.

2.17 Open Records and Texas Public Information Act

Proposers are hereby notified WSRCA strictly adheres to the Texas Public Information Act, Government Code, Chapter 552, to all statues, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

Proposals submitted in response to the RFP are subject to the Texas Public https://workforcesolutionsrca.bonfirehub.com/

MANAGEMENT & OPERATIONS WORKFORCE CENTERS 18

Information Act, Government Code, Chapter 552, and may be disclosed to the public upon request. Therefore, any confidential, privileged, or proprietary information contained within a proposal must be clearly identified by the proposer in the proposal itself (each applicable page clearly marked). Such information will be kept confidential by WSRCA to the extent permitted by State law.

The Board may seek to protect from disclosure all information submitted in response to this RFP until a final agreement is executed. Upon execution of a final agreement, the Board will consider all information documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-propriety nature; therefore, subject to public disclosure under Chapter 552.001.

Proposers will be notified of a request for public information that applies to their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information protected from release is found in Sections 552.101, 552.110, 552.113 and 552.131 of the Government Code.

2.18 Award

This is a competitive procurement utilizing the Request for Proposal method, as such, an award does not have to be based on the lowest priced offer. The proposals most advantageous to WSRCA in terms of proposer’s qualifications and quality of the proposals will be recommended for contract negotiations, and not necessarily the lowest bid.

An award will be made to an eligible organization possessing the qualifications and demonstrated ability to perform successfully under the terms and conditions of a contract with WSRCA.

2.19 Contract Type

The Board’s intention is to negotiate a cost reimbursement contract with the successful bidder. The Board may require the selected proposer(s) to participate in contract negotiations in person at the Board office.

Any contract resulting from this RFP will be for an initial period of one (1) year, beginning on or after October 1, 2024, and ending September 30, 2025. WSRCA may, at its sole discretion, opt to extend the term of a contract for up to four (4) additional one (1) year periods, renewed annually, based on the Contractor’s performance, compliance, and the availability of funds. WSRCA reserves the right to terminate any contract prior to, or extend the end date, and to increase or decrease the contract awarded because of the RFP and at any time based on Contractor performance or non-compliance.

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2.20 Funding

Funding for Management and Operations of Workforce Centers for this RFP is contingent upon the availability of state funding and receipt of sufficient program funds from the Texas Workforce Commission and other funding sources of WSRCA subject to change. WSRCA reserves the right to negotiate fees and costs with any vendor who is qualified per the evaluation criteria. Projected funding levels to be used in developing proposal budgets are contained in Exhibit A Funding Levels of this RFP.

The actual amount of the contract award will be based on the proposed budgets, availability of funds, and standards for the use of public funds. All costs must be reasonable and necessary to conduct the planned functions, must be allowable and must be allocable to the proper grant/cost categories. The selected contractor will be reimbursed for allowable actual service delivery costs.

Profit margins and the circumstances under which profit may be earned will be negotiated with the selected contractor.

The Contractor is required to have the financial capacity to obtain financial resources sufficient to meet their cash flow needs for a minimum of four-to-six-week period.

There will be no cash advances allowed under the contract resulting from this procurement.

The final contract will be subject to any changes in legislation, rules, or policies promulgated by the funding sources, including the U.S. Department of Labor and the Texas Workforce Commission (TWC).

The Board reserves the right to vary or change the terms of any contract solicited under this RFP, including funding levels, the scope of work, performance standards, and decreasing or extending the contract period, as it deems necessary in the interest of Workforce Solutions Rural Capital Area.

The general and administrative provisions contained in this RFP will be incorporated into the final contract.

Any contract award resulting from this RFP will be subject to early termination in the event Federal and/or State funding from Texas Workforce Commission is terminated or reduced to a level that continued funding of contracted services is no longer feasible. Such termination shall be without penalty. The selected contractor must be willing to accept this Funding Clause and incorporate it into any resulting contract agreement.

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2.21 Additional Services

WSRCA reserves the right to amend the contract during the contract period to include other workforce programs and services and funding the Board deems necessary and appropriate even if not specifically mentioned in this RFP.

2.22 Subcontracting

Proposers must address any subcontracting in the proposal narrative and approval must be granted by WSRCA prior to the execution of any contract resulting from this RFP. All subcontracting is subject to applicable federal, state, and local laws, rules, regulations, and policies.

If a bidder proposes to subcontract any of the services and activities, the bidder must indicate which services and activities will be subcontracted and the rationale behind using subcontractors instead of providing the services directly. The bidder must also describe how subcontractors were (or will be) procured and selected, their qualifications, as well as the basis for payments. Subcontractors are subject to the same requirements as the bidder under this RFP and resultant contract.

All subcontracts are subject to applicable federal, state, and local laws, rules, regulations, and policies governing procurement. The use of any subcontracts must be specified in the proposal. The bidder must identify which services will be subcontracted and the rationale behind using a subcontractor rather than providing the services itself. The bidder must describe how subcontracts were (or will) be procured, their qualifications, and the basis for payments. Subcontracts shall be subject to the same requirements as the bidder under this RFP and any resulting contract. WSRCA must approve all subcontracts prior to the final execution of a contract.

2.23 Contract Re-Assignment

If a Contractor fails to perform as required or expected, WSRCA reserves the right to terminate the contract and assign the contract in whole or in part, to a similarly ranked proposal obtained through this procurement, subject to successful contract negotiations. WSRCA may choose an alternative means of reassigning the contract based on its best interests. The Contractor may not reassign any aspect of the contract.

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2.24 Equal Opportunity / Non-Discrimination

As a condition of the award of financial assistance from the Department of Labor under Title 1 of WIOA, the respondent to this RFP assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

Section 188 Workforce Innovation and Opportunity Act of 2014 (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in United States of participation in any WIOA Title I financially assisted program or activity.

Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. § 20000d et seq., and § 2000e-16, as amended;

The Rehabilitation Act of 1973 §§ 503, 504, and 508, 29 U.S.C. §§ 793. 794, and 794d, as amended, Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688, as amended;

The Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., as amended;

The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as amended;

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

WIOA § 188, 29 U.S.C. §3248;

29 C.F.R., Part 38, Implementation of the nondiscrimination and Equal

Opportunity provisions of WIOA, and all other regulations implementing the laws listed above.

2.25 Governing Provisions and Limitations

The following are the conditions that apply to this RFP and any subsequent contract.

Any potential contract resulting from this procurement is contingent on the results of a pre-award process performed prior to signing a contract. The ultimate result of the procurement process is to select a contractor with whom to negotiate a contract for the management and operation of the one-stop workforce center system; however, the Board is under no legal requirement to execute a contract based on any proposal received.

a. Failure to comply with any of the provisions of this RFP may cause a proposal to be disqualified and rejected from consideration.

b. All proposals submitted to WSRCA in response to this RFP become the exclusive property of WSRCA.

c. The proposal, if accepted, will become the basis for the contract scope of work.

d. This RFP is not to be construed as a purchase agreement or contract, or as a commitment of any kind; nor does it commit WSRCA to pay for costs incurred https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-act-of-1964 https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 https://www.govinfo.gov/content/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap21-subchapV.pdf https://www.govinfo.gov/content/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap21-subchapV.pdf https://assets.section508.gov/files/rehabilitation-act-of-1973-amended-by-wioa.pdf https://assets.section508.gov/files/rehabilitation-act-of-1973-amended-by-wioa.pdf https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-86 https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap38-sec1681.pdf https://www.dol.gov/agencies/oasam/regulatory/statutes/age-discrimination-act https://www.eeoc.gov/americans-disabilities-act-1990-original-text https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-188-workforce-innovation-opportunity-act https://www.ecfr.gov/current/title-29/subtitle-A/part-38 https://www.ecfr.gov/current/title-29/subtitle-A/part-38 https://www.ecfr.gov/current/title-29/subtitle-A/part-38

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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 WSRCA.

e. WSRCA reserves the right to accept or reject any or all proposals received, to cancel or reissue this RFP in part, or its entirety.

f. 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 with the lowest priced/cost offer, but rather to a respondent submitting the best value proposal that satisfies WSRCA’s requirements and is determined to be in the best interest of and most advantageous to the Board.

g. WSRCA reserves the right to award a contract for any services solicited in this RFP for Management and Operation of Workforce Centers as WSRCA determines its best value for the Board.

h. WSRCA reserves the right to extend, shorten, increase, or decrease any contract awarded because of this RFP.

i. WSRCA reserves the right to request additional information, clarification, or explanation for any aspect of a response to this RFP.

j. WSRCA reserves the right to waive any defect in this procurement process or to correct any error(s) and/or make changes to this solicitation it deems necessary. WSRCA will provide notification of any changes to all known Offerors.

k. WSRCA reserves the right to negotiate the final terms of all contracts or agreements with selected proposers. Any contract terms negotiated because of this RFP may be renegotiated and/or amended to successfully meet the needs of WSRCA.

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

RFP.

m. WSRCA reserves the right to impose additional requirements and refinements to the terms and conditions, scope of work, performance measures, and funding amounts or sources during the contract term.

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n. Any entity and/or each entity of a partnership or consortium selected for funding under this RFP will be subject to a Pre-Award review in accordance with TWC FMGC Appendix D: FMGC Supplement on Procurement.to determine the proposer’s level of risk of non-compliance or non-performance under contract.

o. WSRCA reserves the right to withdraw an award of any contract based on unsatisfactory results of the pre-award survey.

p. WSRCA reserves the right to withdraw or reduce the amount of an award or to cancel any contract or agreement resulting from this RFP if adequate funding is not received from TWC or other funding sources or due to legislative changes.

q. Proposers shall not, under penalty of law, offer or provide any gratuities, favors or anything of monetary value to any officer, Board member, employee, proposal evaluator, agent of WSRCA or elected official for purposes of having an influencing effect on this procurement.

r. Proposers shall not attempt in any manner to advocate for, lobby or otherwise attempt to influence any officer, Board member, employee, proposal evaluator, agent of WSRCA or elected official for purposes of having an influencing effect on this procurement.

s. No officer, Board member, employee, proposal evaluator or agent of WSRCA shall participate in the selection, award, or administration of a contract if a conflict of interest, or potential conflict, is involved.

t. Proposers shall not engage in any activity that will restrict or eliminate competition. Violation of this provision will cause the proposal to be disqualified and rejected. This does not preclude joint ventures or subcontracts.

u. The contents of a successful proposal may become a contractual obligation and be incorporated by reference into a contract if selected for the award of a contract. Failure of the proposer to accept this obligation may result in cancellation of an award. No plea of error or mistake shall be available to the successful proposer as a basis for release from proposed services at the stated price/cost. Any damages accruing to WSRCA because of a successful proposer’s failure to contract with WSRCA may be recovered from the proposer.

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v. A contract with a selected proposer may be withheld, at the sole discretion of WSRCA, if issues of regulatory non-compliance, questioned/disallowed costs, or legal issues exist, until such issues are satisfactorily resolved.

WSRCA may withdraw the award of a contract if the resolution is not satisfactory to WSRCA.

w. The solicitation and selection of proposals must conform to all relevant federal, state, and local laws, regulations, rules, and policies governing the procurement of goods and services. Proposers are responsible for familiarizing themselves with such matters.

x. All proposals submitted must be an original work product of the proposing entity. The copying, paraphrasing or other use of substantial portions of the work product of others and submitted hereunder as original work of the proposer without written authorization or proper citation, is prohibited.

y. Respondents must intend to fulfill all representations in their proposal. Failure of a respondent to accept this obligation may result in the cancellation of an award or contract. No pricing, error or mistake shall be available to a successful proposer as a basis for release from proposed services.

z. The Offeror selected for contract award must meet the requirements of

WSRCA’s key control certification system to ensure the financial integrity of the entity prior to the execution of a contract. WSRCA will conduct a pre-award review of the selected Offeror prior to the execution of a final contract.

2.26 Administrative Requirements and other Limitations

a. WSRCA will provide any training and/or technical assistance needed by the selected Contractor regarding WSRCA policies, documents, procedures, etc.

that are specific to WSRCA, and the requirements listed in Section 3.0 Scope of Work.

b. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for personnel matters including hiring, discipline, termination, supervision, background checks, training, evaluation, etc. of its employees.

c. The Contractor must provide reports in the format and within the timeline requested by WSRCA.

d. Private non-profit organizations and agencies of state or local government responding to this RFP must include the following: 1) a resolution from the respondent’s governing body or board authorizing the submission of a

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proposal; and 2) a letter of transmittal from the chief executive officer of the respondent’s organization.

e. Private for-profit corporations submitting a proposal must include a statement signed by an authorized representative of the corporation authorizing submission of a proposal.

f. The proposer must be current in Unemployment Insurance taxes, Payday and Child Labor law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas and has no outstanding Unemployment Insurance overpayment balance payable to the State of Texas.

g. The Contractor must provide the WSRCA with a certification of compliance for the requirements of Texas Family Code 231.006 regarding payment of child support.

h. Appeal Process and Procedures for Opportunity to Protest, the…