RFP Document.pdf

Dated 09/25/23

STATE OF SOUTH DAKOTA

Labor and Regulation

Apprenticeship Experience Statewide Coordinator

PROPOSALS ARE DUE NO LATER THAN July 3, 2026

RFP #: 26RFP19805 State POC: Caitlin Kemnitz EMAIL:

Caitlin.kemnitz@state.sd.us

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FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Labor and Regulation (DLR) is looking for a coordinator to lead apprenticeship expansion efforts in public high schools. These efforts will increase apprenticeship offerings for students attending public high schools throughout the state. This position will mentor representatives of school districts, connect with training providers, and build relationships with businesses. The coordinator will assist in the development of pre-apprenticeships, including those that meet the Apprenticeship Experience standards, and connect students to employers offering Registered Apprenticeship programs. The ultimate goal is to create an active and sustainable pre-apprenticeship model throughout the state.

The State anticipated funding of up to $300,000 per year, not to exceed $900,000 over the three-year contract period. This project will be issued as one multi-year contract covering the full three-year period.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Workforce Development Division is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Labor and Regulation. The reference number for the transaction is RFP 26RFP19805. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 LETTER OF INTENT

All interested offerors must submit a Letter of Intent to respond to this RFP.

The letter of intent should be received no later than May 15, 2026.

Be sure to reference the RFP number in your letter.

The Letter of Intent may be submitted to Caitlin Kemnitz via email at Caitlin.Kemnitz@state.sd.us.

Please place the following in the subject line of your email: “Letter of Intent for RFP

26RFP19805”.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication April 30, 2026 Letter of Intent to Respond Due May 15, 2026 Offer Questions Due May 15, 2026 Responses to Offeror Questions May 29, 2026 Proposal Submission July 3, 2026 Anticipated Award Decision/Contract Negotiation Career and Technical Education (CTE) Conference

July 17, 2026 July 26-29, 2026

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received by Caitlin Kemnitz via email at Caitlin.kemnitz@state.sd.us by the date and time indicated in the Schedule of Activities.

Please place the following in the subject line of your email: “26RFP19671 Submission”.

Proposals received after the deadline will be late and ineligible for consideration.

STATE POC

Caitlin Kemnitz 605-353-6678 Caitlin.kemnitz@state.sd.us

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.7 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.8 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Caitlin Kemnitz at Caitlin.Kemnitz@state.sd.us with the subject line “RFP

#26RFP19805”.

The State will to respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements.

An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

The contract will be issued for a one-year term beginning July 17, 2026, and may be renewed annually for up to three years (through July 1, 2029). The agreement may be extended or amended by mutual consent if needed to accomplish the purpose of this RFP.

1.14 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

1.15 NO LIMITATIONS OF LIABILITY

The State will not agree to any contractual limitations on the offeror’s liability as part of the contract negotiations. By responding to this RFP, offeror acknowledges this requirement and accepts it.

1.16 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on __________________ and end on ___________________, unless sooner terminated pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $________________. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

2.5 Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. Contractor shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim.

Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, Contractor shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Contractor in the defense. This section does not require Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 At all times during the term of this Agreement, Contractor shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

Contractor shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than one million dollars ($1,000,000) for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy shall name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than one million dollars ($1,000,000).

C. Business Automobile Liability Insurance:

Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000) for each accident. This insurance shall include coverage for owned, hired and non-owned vehicles.

D. Workers’ Compensation Insurance:

Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement including naming the State, its officers and employees, as additional insureds, as set forth above. In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this

Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This

Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of

South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

Contractor agrees to abide by all applicable provisions of the following: Byrd Anti Lobbying

Amendment (31 U.S.C. 1352), Debarment and Suspension (Executive Orders 12549 and 12689 and 2 C.F.R. 180), Drug-Free Workplace, Executive Order 11246 Equal Employment Opportunity as amended by Executive Order 11375 and implementing regulations at 41 C.F.R. part 60, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Drug Abuse Office and Treatment Act of 1972, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Pro-Children Act of 1994, Hatch Act, Health Insurance Portability and Accountability Act (HIPAA) of 1996 as amended, Clean Air Act, Federal Water Pollution Control Act, Charitable Choice Provisions and Regulations, Equal Treatment for Faith-Based Religions at Title 28 C.F.R. Part 38, the Violence Against Women Reauthorization Act of 2013 and American Recovery and Reinvestment Act of 2009, as applicable;

and any other nondiscrimination provision in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscrimination statute(s) which may apply to this Agreement.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, procedures, or files, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 CERTIFICATIONS

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five

(5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Contractor certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL ch 5-18A:

Contractor certifies and agrees that the following information is correct:

Contractor is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.It is understood and agreed that, if this certification is false, such false certification will constitute grounds for State to terminate this Agreement and further would be cause to suspend and debar a business under SDCL § 5-18D-12.Contractor further agrees to provide immediate written notice to the purchasing agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION:

By signing this Agreement, Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

D. CERTIFICATION OF NO STATE LEGISLATOR INTEREST:

Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement.

By signing this Agreement, Contractor hereby certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to ___________________ on behalf of the State, and by ________________, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

The parties consent to the use of email for communications as a signed writing provided that delivery is confirmed.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this

Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

2.20 This Agreement is intended to govern only the rights and interests of the parties named herein. It is not intended to create, does not and may not be relied upon to create, any rights, substantive or procedural, enforceable at law by any third party in any matters, civil or criminal.

2.21 This Agreement may not be assigned without the express prior written consent of the State. This

Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.22 The State reserves the right to reject any person from performing services under this Agreement who the State believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior or is considered by the State to be a security risk.

2.23 Notwithstanding anything in this Agreement to the contrary, neither party shall be liable for any delay or failure to perform under the terms and conditions of this Agreement, if the delay or failure is caused by war, terrorist attacks, riots, civil commotion, fire, flood, quarantine, epidemic, pandemic, earthquake or any act of God, or other causes beyond the party’s reasonable control provided, however, that in order to be excused from delay or failure to perform, the party must act diligently to remedy the cause of such delay or failure and must give notice to the other party as provided in this Agreement as soon as reasonably possible of the length and cause of the delay in performance.

2.24 The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision in this Agreement.

2.25 The headings in this Agreement are for convenience and reference only and shall not govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of this Agreement.

2.26 Contractor represents and warrants that:

A. Contractor is a corporation duly incorporated, validly existing and in good standing under the laws of its state of incorporation and has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement;

B. The execution, delivery and performance of this Agreement has been duly authorized by Contractor and no approval, authorization or consent of any governmental or regulatory agency is required to be obtained in order for Contractor to enter into this Agreement and perform its obligations under this Agreement;

C. Contractor is duly authorized to conduct business in and is in good standing in each jurisdiction in which Contractor will conduct business in connection with this Agreement; and

D. Contractor has obtained all licenses, certifications, permits, and authorizations necessary to perform the services under this Agreement and currently is in good standing with all regulatory agencies that regulate any or all aspects of Contractor’s performance of the services. Contractor will maintain all required certifications, licenses, permits, and authorizations during the term of this Agreement at its own expense.

2.27 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers or employees.

2.28 For the purpose of this Agreement, “Confidential Information” shall include all information, regardless of its format, disclosed to Contractor by the State and all information, regardless of its format, obtained by Contractor through the provisions of services as contemplated by this Agreement.

Contractor, and any person or entity affiliated with Contractor shall not disclose any Confidential Information to any third person for any reason without the express written permission of a State officer or employee with authority to authorize the disclosure. Contractor, and any person or entity affiliated with Contractor shall not: (i) disclose any Confidential Information to any third person unless otherwise specifically allowed under this Agreement; (ii) make any use of Confidential Information except to exercise rights and perform obligations under this Agreement; (iii) make Confidential Information available to any of its employees, officers, agents or consultants except those who have agreed, by contract, to obligations of confidentiality at least as strict as those set out in this Agreement and who have a need to know such information and who have been instructed that such information is or may be confidential under state or federal law. Contractor, and any person or entity affiliated with Contractor is held to the same standard of care in guarding Confidential Information as it applies to its own confidential or proprietary information and materials of a similar nature, and no less than holding Confidential Information in the strictest confidence. Contractor, and any person or entity affiliated with Contractor shall protect the confidentiality of the State’s information from the time of receipt to the time that such information is either returned to the State or destroyed to the extent that it cannot be recalled or reproduced.

Confidential Information shall not include information that: (i) was in the public domain at the time it was disclosed to Contractor or to any person or entity affiliated with Contractor; (ii) was known to Contractor, or to any person or entity affiliated with Contractor, without restriction at the time of disclosure from the State; (iii) was disclosed with the prior written approval of State’s officers or employees having authority to disclose such information; (iv) was independently developed by Contractor, or by any person or entity affiliated with Contractor, without the benefit or influence of the State’s information; or (v) becomes known to Contractor, or to any person or entity affiliated with Contractor, without restriction, from a source not connected to the State of South Dakota.

Confidential Information can include, but is not limited to, names, social security numbers, employer numbers, addresses and all other data about applicants, participants, employers or other clients to whom the State provides services of any kind. Contractor understands that this information may be confidential and protected under state or federal law. Contractor agrees to immediately notify the State if the information is disclosed, either intentionally or inadvertently.

If work assignments performed in the course of this Agreement require additional security requirements or clearance, Contractor agrees that its officers, agents and employees may be required to undergo investigation or may be required to sign separate confidentiality agreements, and it will limit access to the confidential information and related work activities to employees that have executed such agreements.

Contractor will enforce the terms of this Confidentiality Provision to its fullest extent.

Contractor agrees to remove any employee or agent from performing work under this Agreement that has or is suspected to have violated the terms of this Confidentiality Provision and to immediately notify the State of such matter.

Contractor will comply with any other confidentiality measures and terms included in the Agreement.

Upon termination of this Agreement, if not already done so as part of the services performed under the Agreement, Contractor agrees to return to the State, at Contractor’s cost, any Confidential Information or documentation maintained by Contractor regarding the services provided hereunder in a format readily useable by the State as mutually agreed by Contractor and State.

2.28 In the performance of these services and providing the deliverables under the Agreement, Contractor, and its employees shall exercise the degree of skill and care consistent with customarily accepted practices and procedures for the performance of the type of services required. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services and deliverables furnished by Contractor and any subcontractors, if applicable, under this Agreement. It shall be the duty of Contractor to assure that its services and deliverables are technically sound and in conformance with all pertinent technical codes and standards. Contractor represents and warrants that: (i) it shall give high priority to the performance of the services; and (ii) the services shall be performed in a timely manner.

Contractor shall be responsible to the State for material deficiencies in the contracted deliverables and services which result from the failure to meet the standard given herein. Contractor shall promptly correct or revise any material errors or omissions in deliverables and re-perform any services which are not in compliance with such representations and warranties at no cost to the State, provided that Contractor’s failure to comply is not due solely to the actions, errors, or omissions of the State.

Permitted or required approval by the State of any services or deliverables furnished by Contractor shall not in any way relieve Contractor of its responsibility for the professional quality and technical accuracy and adequacy of its work. The State’s review, approval, acceptance, or payment for any of Contractor’s services or deliverables herein shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and except as provided herein Contractor shall be and remain liable in accordance with the terms of this Agreement and applicable law for all damages to the State caused by Contractor’s performance or failure to perform under this Agreement.

In the event of a breach of these representations and warranties, the State shall provide telephonic or electronic notice to Contractor. The State may, in its sole discretion, require Contractor to cure such breaches. If it is necessary for Contractor to send at least one qualified and knowledgeable representative to the State’s site where the system is located, this will be done at Contractor’s expense. This representative will continue to address and work to remedy the deficiency, failure, malfunction, defect, or problem at the site. The rights and remedies provided in this paragraph are in addition to any other rights or remedies provided in this Agreement or by law.

2.29 In connection with the performance of this Agreement and the provision of services and deliverables under this Agreement, Contractor will not infringe any patent, copyright, trademark, trade secret or other proprietary right of any person. Contractor will not improperly use any trade secrets or confidential or proprietary information owned by any third party in performing this Agreement or the services related to this Agreement. Contractor shall indemnify the State, the State of South Dakota, its officers, agents and employees (hereinafter collectively “the State”) from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief (collectively, a “Claim”) to the extent such Claim alleges improper use of, or infringement or misappropriation by, the State or Contractor of any patent, copyright or federally registered trademark or trade secret in connection with the performance of this Agreement and the provision of services and deliverables under this Agreement.

2.30 Contractor represents and warrants that it has the full power and authority to grant the rights described in this Agreement without violating any rights of any third party, and that there is currently no actual or, to Contractor’s knowledge, threatened suit by any such third party based on an alleged violation of such rights by Contractor.

2.31 The award of this Agreement to Contractor is not in any way an endorsement of Contractor or

Contractor’s services by the State and may not be so represented by Contractor in any advertising or publicity materials. Contractor agrees to submit to the State all advertising, sales promotion, and other publicity relating to this Agreement wherein the State’s name is mentioned, or language is used from which the connection of the State’s name therewith may, in the State’s judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, sales promotion, or publicity without the prior written consent of the State. Contractor may not in any way contract on behalf of or in the name of the State, nor may release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning this Agreement without obtaining the prior written approval of the State.

3.0 SCOPE OF WORK

3.1 GENERAL SCOPE

The coordinator will work closely with the South Dakota Department of Education (DOE) and the Department of Labor and Regulation (DLR) to build, support, and expand the Apprenticeship Experience framework in high schools statewide. The coordinator will help schools design and implement programs that prepare students for the Apprenticeship Experience, create a replicable statewide blueprint, and strengthen partnerships between schools and employers. Work will include hands-on coaching, employer engagement, alignment to credit and credential opportunities and support the implementation using the Start Today SD School Toolkit as a resource (Explore, Design, Partner, Build, Launch). The coordinator will also lead periodic application cycles to select and onboard schools into one or more models within the framework.

3.2 PROJECT GOALS

The project aims to:

Increase participation: Expand the number of schools offering Apprenticeship Experience opportunities.

Establish a sustainable model that offers support to schools with the continued implementation of Apprenticeship Experiences, including connections to business partners.

Strengthen alignment: Connect Career and Technical Education pathways, coursework, and work-based learning with industry recognized credentials, skills, and Registered Apprenticeship Program (RAP) entry points.

Grow student outcomes: Increase access to paid work experience, high school and post-secondary credit, and industry recognized credentials (IRCs).

Build capacity and sustainability: Equip school teams to independently run high-quality programs after the project ends and to reuse the statewide blueprint.

Broaden access: Increase participation from students across different groups and areas.

Identify curriculum gaps: Determine gaps within selected career clusters by analyzing employer needs, comparing them to current school offerings, and seeking appropriate training providers to address those gaps.

3.2.1 Career Cluster Implementation Goals

To support statewide expansion, the coordinator will set annual participation and implementation goals based on anticipated capacity, employer demand, and school interest. These goals will include:

Identifying the number of schools expected to participate each year and the factors informing those projections.

Identifying the expected number of business partners required to meet anticipated demand and expand student opportunities across clusters.

Estimating student participation across Years 1-3, reflecting expected growth as programs expand.

Developing a schedule for reviewing career clusters and supporting program launch or expansion.

Final participating targets will be confirmed with DLR at project kickoff and incorporated into the coordinator’s annual work plan.

3.2.2 Funding Guidance Goal

Ensure schools have a sustainable financial strategy that supports participation in Apprenticeship Experience models, including identifying long-term funding options and reducing barriers related to cost.

3.3 COORDINATOR RESPONSIBILITIES

3.3.1 School Coaching and Technical Assistance

Provide hands-on, tailored coaching to participating schools, using the Start Today SD Toolkit as a guiding resource where appropriate.

Support implementation of the Apprenticeship Experience model throughout public secondary schools in SD.

3.3.2 Employer and Industry Engagement

Identify and onboard employers aligned to priority and in-demand industries.

Develop and maintain partnerships that support student placements across targeted career clusters.

Assist with worksite readiness, mentor expectations, and student onboarding processes.

3.3.3 Career Cluster Support

Identify curriculum and pathway gaps by comparing employer skill needs with current school offerings.

Implement solutions to address identified curriculum gaps in partnership with schools and training providers.

Support the launch and expansion of Apprenticeship Experience opportunities within targeted career clusters, following priorities set by DLR and DOE.

3.3.4 Resource and Blueprint Development

Create tools, templates, and materials (e.g., MOUs, mentor guides, communication templates) to support school implementation.

Contribute to a statewide, reusable blueprint for Apprenticeship Experience models.

Support employers in identifying on-the-job learning (OJL) competencies aligned to industry standards and program requirements.

3.3.5 Funding Alignment

Research, interpret, and communicate available funding sources and provide schools with practical guidance on how to access, combine, and use these resources to support implementation.

3.3.6 Coordination and Communication

Serve as a liaison between DLR, DOE, schools, employer, and training providers.

Facilitate regular communication, problem solving, and progress check-ins.

3.3.7 Application Cycle Support

Lead the application processes used to select schools for participation with support from

DLR.

Review school applications and guide the onboarding of selected sites.

3.3.8 Reporting and Documentation

Collect required data and prepare quarterly reports that summarize progress, outcomes, challenges, and next steps.

Provide documentation needed for compliance and continuous improvement.

3.3.9 Sustainability and Long-Term Model Development

Develop a sustainability plan that outlines how coordinator functions, employer engagement, and school level Develop a sustainable intermediary model or comparable structure that supports ongoing coordination between schools, employers, and training providers beyond the contract period.

Define processes, tools, and roles that ensure apprenticeship-related activities can continue at scale statewide.

Provide recommendations for long-term ownership, funding, and operational support needed to maintain and grow the Apprenticeship Experience framework.

3.3.10 Travel Requirements

Travel within South Dakota to meet with employers, training providers, and partners as needed to support program implementation Attendance at three statewide events annually, as identified by DLR Attendance at one out of state conference, as approved by DLR

3.4 DELIVERABLES

The coordinator will provide a set of project deliverables and a timeline for completing them.

Deliverables must also include updates to the outcome goals described in Sections 3.2.1, 3.7.1, and 3.7.2 to ensure alignment between participation targets, required metrics, and performance expectations. Deliverables may include items such as:

A Kickoff Work Plan outlining scope, schedule, milestones, communication plan, and annual targets.

School Implementation Plans for each participating district, covering the relevant models and targeted career cluster(s).

A Sustainability Plan describing how coordinator functions, employer engagement, and school-level processes can continue after the contract period, including recommendations for long-term model structure, roles, and funding approaches.

Partnership Tools (e.g. worksite agreements, mentor guides, onboarding checklists, employer outreach materials, and safety guidelines).

Blueprint Additions such as templates, process maps, alignment guides, and resources

Training Sessions for school staff and partners.

Quarterly Narrative Reports with required metrics, success stories, challenges, and recommended adjustments.

A Final Summary Report describing outcomes, sustainability recommendations, and a next-year roadmap.

3.5 MINIMUM QUALIFICATIONS

Education Expertise: Knowledge of DOE structures, Career and Technical Education

(CTE) pathways, graduation and credit requirements, scheduling, and school operations.

Apprenticeship Expertise: Experience with pre-apprenticeship, work-based learning, mentorship models, and Registered Apprenticeship implementation.

Project Management: Ability to lead multi-site projects, meet deadlines, and manage stakeholder communications.

Industry Engagement: Experience building employer partnerships and aligning experiences to industry skills.

Communication Skills: Strong facilitation, coaching, and written reporting.

Location Requirement: must be located in South Dakota and have the ability to support schools and employers statewide.

3.6 IMPLEMENTATION TIMELINE

The potential coordinator should submit a detailed timeline aligned to the school year.

3.7 REPORTING, METRICS, AND PERFORMANCE MEASURES

The coordinator will collect data, document progress, and provide reporting that allows DLR to monitor implementation quality, student outcomes, and overall project success.

3.7.1 Reporting and Data Requirements

Quarterly narrative reports must include the following metrics and identify barriers, support needs, and recommended adjustments. Data collection methods should be consistent across schools and models. All data must be managed in compliance with strict safety requirements and standards for protecting personally identifiable information.

Apprenticeship Experience Participants School districts offering Apprenticeship Experience Students earning DOE-recognized Industry-Recognized Credentials Students earning a national Registered Apprenticeship credential Students completing Apprenticeship Experience

3.7.2 Performance Measures and Acceptance Criteria

The project will be evaluated on the following criteria which will also guide reporting and continuous improvement:

Implementation quality: Schools complete key implementation steps and launch programs as planned, drawing on the Start Today SD School Toolkit as needed.

Participation growth: Increase in schools and students through Apprenticeship

Experience framework.

Employer partnerships: Growth in engaged business partners and qualified mentors.

Student outcomes: Paid work experiences, credits earned, IRCs achieved, and RAP registrations.

Sustainability: Schools adopt repeatable processes and continue programs after the contract period.

Responsiveness: Timely coaching, communication, problem-solving, and delivery of reports and tools.

Sustainable Model Development: Progress toward establishing a long-term model that supports ongoing coordinator functions and continued Apprenticeship support for schools statewide.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the…