RFP - Professional Services

Delaware Workforce Development Board Request for Proposals (RFP)

Program: Innovations in Workforce Development (IWD) Issued by: Delaware Workforce Development Board RFP Number: LAB-24R-ARPA-001

I. Overview The Delaware Workforce Development Board (“DWDB”) invites eligible applicants to apply for funds that will support new and innovative training programs and nontraditional training delivery methods to help Delawareans find employment opportunities in high-growth, high-demand, and/or emerging industries across the state. These industries include Construction and Skilled Trades, Biotech, Fintech, Advanced Manufacturing, IT, Green Economy, and Blue Economy. The target audience should be unemployed and underemployed Delawareans, aged 18 or older, who are eligible to work in the United States, with a particular focus on women and those that may face barriers to employment. Current programs already operating in Delaware that are not proposing innovative updates to the model should not apply.

The source of funds for this solicitation is the American Rescue Plan Act (ARPA) § 602(c)(1).

ARPA money must be committed by December 31, 2024, and dispersed by December 31, 2026.

Therefore, any money granted to Providers as a result of this RFP or a subsequent RFP will need to be spent by the end of 2026.

The purpose of these innovative workforce development investments is to both respond to the Covid-19 public health emergency and its negative economic impacts and to support innovative training programs and nontraditional delivery methods that foster employment opportunities for Delawareans, leading to an increase in:

a. Effective and innovative training programs in the state;

b. Enrollments and completions of those training programs;

c. Credential attainment;

d. Employment (day one placement, 30-, 60-, and 90-day retention); and

e. Wages.

This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6981 and 6982.

II. RFP Schedule and Important Dates A. The following is the schedule of events and due dates pertinent to this RFP:

Public Notice: June 21, 2024 Pre-Bid Meeting: July 9, 2024 Deadline for Questions regarding this RFP: July 10, 2024 Questions Posted: July 19, 2024

Deadline for Receipt of Proposal: August 2, 2024, no later than 1pm EST Review Period: August 5, 2024, through August 20, 2024 http://delcode.delaware.gov/title29/c069/sc06/index.shtml

Estimated Notification of Award September 13, 2024

B. A pre-bid meeting has been scheduled for July 9, 2024, from 10:00 AM - 11:00 AM. The meeting will take place virtually via Zoom:

https://delaware-gov.zoom.us/j/87240575684?pwd=nYpDtsbqTRJudrxRaPgjSf20SEyYJ H.1

This is not a mandatory meeting and attendance is not required. The pre-bid meeting is very important for applicants and those who desire a compliant submission. This meeting will explain the RFP, the RFP process, and address any questions or concerns from potential bidders.

III. Scope of Services A. Goals

i. Responses to this RFP should prioritize the following goals:

1. Create and/or expand new and innovative training programs and nontraditional training delivery methods aimed at facilitating employment opportunities for Delawareans within high-growth, high-demand, and emerging industries statewide. Current programs already operating in Delaware that are not proposing innovative updates to the model should not apply.

2. Target unemployed or underemployed individuals, particularly women and those facing barriers to employment, ensuring programs culminate in credentials, new skill sets, or other tangible assets that lead to increased employment or higher wages.

b. Eligible Applicants

i. Eligible applicants include for-profit and nonprofit organizations, educational entities, community service providers, and accredited training providers with demonstrable ability and experience in designing, implementing, and administering successful workforce development programs targeted to specific populations. Applicants will be hereinafter referred to as "providers".

c. Funding

i. The source of funds for this solicitation is American Rescue Plan Act (ARPA) §

602(c)(1). The estimated total funding available for awards is $2,500,000 and is subject to change without notice. ARPA money must be committed by December 31, 2024, and dispersed by December 31, 2026. Therefore, any money granted to Providers as a result of this RFP, or a subsequent RFP will need to be spent by the end of 2026.

ii. Other state or federal funds that become available may also be used to fund this solicitation.

iii. There is no limit on the number of awards resulting from this RFP. The number of awards will be determined by the quality of the proposal submitted and available funding. The Delaware Workforce Development Board reserves the right to take into consideration geographic distribution, demonstrated readiness https://delaware-gov.zoom.us/j/87240575684?pwd=nYpDtsbqTRJudrxRaPgjSf20SEyYJH.1 https://delaware-gov.zoom.us/j/87240575684?pwd=nYpDtsbqTRJudrxRaPgjSf20SEyYJH.1 of the recipient, and in- kind or supplementary resources included within the plan.

d. Scope of Work

i. Provider(s) will provide the services proposed in their RFP response with any modifications that are mutually agreed upon and specified in a resulting agreement.

ii. Providers can target specific populations and should identify them in their proposal(s), but at a minimum, the population served will be:

1. Unemployed or underemployed;

2. 18 years or older;

3. Eligible to work in the United States; and

4. Delaware residents

iii. Provider(s) will enter required data into the Delaware JobLink system (https://joblink.delaware.gov) for participant tracking and outcome reporting.

Provider’s budgets, when submitted, should reflect staffing to complete this task.

iv. Provider(s) will utilize Delaware JobLink to maximize participants’ job search and placement, if applicable. At a minimum, participants will create a Jobseeker account in Delaware Joblink (DJL) (https://joblink.delaware.gov).

v. Funds will be provided on a cost reimbursement basis. Monthly financial reports will trigger payments. DWDB will require a line-item budget as part of the proposal. The approved budget will be incorporated into the executed contract.

vi. Provider(s) will be required to submit monthly financial reports on the form prescribed, satisfactorily completed, within twelve (12) calendar days of the close of the reporting period to DWDB. When requesting reimbursement through the submission of the monthly financial report, all reported expenditures must be in accordance with the approved budgeted attached to the resulting agreement and the Provider shall have detailed supporting documentation for all expenditures.

vii. No payments for services be made in advance of the work performed.

viii. Funds shall be used to implement the training program(s). This may include items such as:

1. Staff salary and fringe

2. Assessments

3. Certifications

4. Tuition

5. Employer Training

6. Participant Training

7. Participant Stipends

8. Supportive Services to participants

9. Training/Learning Materials

10. Rent

ix. This funding cannot be used for capital expenditures.

https://joblink.delaware.gov/

IV. Required Information The following information shall be provided in each proposal. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of DWDB.

A. Minimum Requirements

1. All Providers shall have the State of Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of services.

Documentation of having a State of Delaware Business License (non-public entities) or non-profit status, if not required to have a State of Delaware Business License, shall be submitted with Proposal.

2. Providers shall complete and submit the Proposal Submission Template (Appendix A).

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Business References: Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Appendix B, Attachment 4. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed.

Personal references cannot be considered

B. Prior to Contract Execution The following will be provided to DWDB prior to contract execution with the successful Providers:

1. Proof of insurance and amount of insurance shall be furnished to DWDB prior to the start of the contract period and shall be no less than as identified in this RFP as indicated in section (V)(C)(9e) Insurance.

2. Any Provider without a current contract with the Delaware Workforce Development Board or the State of Delaware, will provide a copy of their most recent financial statement to the State of Delaware to enable the State of Delaware to establish their fiscal soundness and eligibility for a contract.

3. Compliance check received by the Department of Labor, Divisions of Industrial Affairs and Unemployment Insurance. The State of Delaware may choose to not execute a contract resulting from this RFP due to the feedback obtained from these Division at its discretion.

C. Narrative response

1. To be considered, all proposals must be submitted in writing (electronic submission) and respond to the items outlined in this RFP. Narrative responses must not exceed 8 pages and should be typed in size 12 Times New Roman font (single spaced). Submit your response as a PDF labeled “DWDB RFP_Organization Name”. Please structure your narrative to match the numbering and lettering of the questions below.

2. More information on proposal requirements can be found in Section V.B.

3. Please answer all of the following questions with a focus on highlighting how the proposal achieves the goals outlined in Section III.A.

Organization background

1. Briefly introduce your organization, including mission, size, experience in Delaware, and experience providing workforce training programs.

2. What organizations, companies, or agencies will you partner with to increase the effectiveness of the program (e.g., employers, service providers)?

Program details

3. Is the training program or delivery method you are proposing for this RFP new (created within the last two years)? Please answer yes or no and provide the year it began.

a. If the training program or delivery method was created in the last two years, please briefly explain how it is an innovative program and/or delivery model (to be innovative, your program/delivery model must be trying something different than the status quo for workforce programming).

b. If the training program or delivery method was not created in the last two years, are you proposing any innovative changes to the program or delivery model? If so, what are they and why will this help the program? (to be innovative, your program/delivery model must be trying something different than the status quo for workforce programming).

4. Provide an overview of the proposed innovative training program or delivery method, including each of the following (please only include information about the specific program or delivery method you are requesting funding for through this RFP):

a. Industry focus (if applicable)

b. Skills covered

c. Target population

d. Locations offered

e. Timeline (length and cadence of training)

f. Scale (# trainings per year, # people per training)

g. Model (e.g., apprenticeship)

h. Delivery method (e.g., in-person)

i. Resources offered to reduce barriers to participation (e.g., childcare, transport) and how those will be implemented

j. Any other relevant information.

5. Share what identified needs this training program is meeting in the community where it will be available and any evidence you have to support this.

6. What are the main barriers to launching the training program, if any? What will you do to address these barriers?

Outcomes and sustainability

7. Please explain your plan to connect program participants to employment opportunities. Include processes and partnerships with employers.

8. Has this training program been implemented before, either in Delaware or elsewhere? If so, is there evidence of its success? Provide brief information or a link.

9. What are the expected outcomes for the target population? What metrics will you use to measure progress towards those outcomes?

10. What is your financial sustainability plan for the training once it is up and running and the money requested in this RFP is used?

Budget & timeline

11. How much money does your training program or delivery method cost to implement?

a. How much of that money has been secured from other sources (this means the money is guaranteed)?

b. How much of that money are you requesting from DWDB through this RFP?

c. If there is a remaining gap, how do you plan to fill that gap?

12. Does your training program require any capital expenditures (e.g., a new building)? If so, how much do you anticipate this to cost and what plan do you have in place to secure funding for those capital needs.

13. What resources and or support, other than capital, do you need for your training to get off the ground? Do you have a plan to secure these resources or support, or have you included them in the budget for this work?

14. Once funding is in place, what is the timeline for launching the training program?

15. Budget

a. Please fill out the budget worksheet in Appendix A.

16. References

a. Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Appendix B, Attachment 4. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

V. Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice

a) Public notice has been provided in accordance with 29 Del. C. §6981.

2. Obtaining Copies of the RFP

a) This RFP is available in electronic form through the State of Delaware

Procurement website at www.bids.delaware.gov. Paper copies of this RFP will not be available.

3. Assistance to Providers with a Disability

a) Providers with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement http://delcode.delaware.gov/title29/c069/sc06/index.shtml#6981 process. For more information, contact the Designated Contact listed in this RFP no later than ten days prior to the deadline for receipt of proposals.

4. RFP Designated Contact

a) All requests, questions, or other communications about this RFP shall be made in writing via email to DWDB. Address all communications to the person listed below; communications made to other State of Delaware personnel or attempting to ask questions by phone or in person, will not be allowed or recognized as valid and may disqualify the Provider.

Providers should rely only on written statements issued by the RFP Designated Contact.

b) Any questions submitted via email during the RFP period must include in the subject line the RFP name and number. This is necessary due to the number of RFPs being issued at the same time. This will allow staff to respond appropriately and timely to all questions.

c) Designated Contact: DWDB Staff DWDBDETContracting@delaware.gov

d) To ensure that written requests are received and answered in a timely manner, electronic mail (email) correspondence is the only acceptable submission method except for questions being asked at the mandatory Pre-bid Meeting. No questions shall be asked after the deadline for questions specified in Section II. Overview. All questions and answers will be posted on the State of Delaware Procurement website at www.bids.delaware.gov by the date provided in Section II. Overview.

5. Consultants and Legal Counsel

a) DWDB may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the Providers’ responses. Bidders shall not contact the State of Delaware’s consultant or legal counsel on any matter related to the RFP.

6. Contact with State Employees

a) Direct contact with State of Delaware employees other than the State of

Delaware Designated Contact regarding this RFP is expressly prohibited without prior consent. Providers directly contacting State of Delaware employees risk elimination of their proposal from further consideration.

Exceptions exist for organizations currently doing business in the State of Delaware who require contact in the normal course of that business as well as gathering information and data in response to the RFP from appropriate state agency (e.g., Office of Occupational and Labor Market Information).

7. Organizations Ineligible to Bid

a) Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible mailto:DWDBDETContracting@delaware.gov http://www.bids.delaware.gov/ to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

8. Exclusions

a) The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a Provider who:

(1) Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;

(2) Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a State contractor;

(3) Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes;

(4) Has violated contract provisions such as;

(5) Knowing failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(6) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

(7) Has violated ethical standards set out in law or regulation; and

(8) Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State of Delaware contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms

a) By submitting a bid, each Provider shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules, appendices, and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

2. Proposals

a) To be considered, all proposals must be submitted in writing (electronic submission) and respond to the items outlined in this RFP by completing the Proposal Submission Template (Appendix A) and all required attachments. Proposals received after the specified date and time will not be accepted or considered. DWDB reserves the right to reject any non-responsive or non- conforming proposals. Each proposal must be submitted via email using PDF or excel attachments. To document compliance with the deadline, Providers will receive a confirmation email confirming receipt of proposal. It is the Provider’s responsibility to ensure timely submission. Provider should contact the RFP Designated Contact if confirmation email is not received.

b) All proposals shall be sent to DWDBDETContracting@delaware.gov and must be received no later than 1:00 PM ET on August 2, 2024.

Providers are directed to enter:

“BID ENCLOSED-LAB-24R-ARPA-001-IWD” in the subject line of the email.

c) DWDB may allow paper submissions at its discretion and only after prior written approval has been granted to the proposer for extenuating circumstances. Approval must be requested via email to DWDBDETContracting@delaware.gov prior to the deadline for Receipt of Proposals specified.

d) Any proposal received after the Deadline for Receipt of Proposals date shall not be considered. The proposing Provider bears the risk of delays in delivery. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

e) Upon receipt of Provider proposals, each Provider shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve Providers from any obligation in respect to this RFP.

3. Proposal Modifications: Any changes, amendments or modifications to a proposal must be made in writing, submitted in the same manner as the original response and conspicuously labeled as a change, amendment, or modification to a previously submitted proposal. Changes, amendments or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

a) Proposal Costs and Expenses: DWDB will not pay any costs incurred by any Provider associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at Provider’s conference, system demonstrations or negotiation process.

b) Proposal Expiration Date: Prices quoted in the proposal shall remain fixed and binding on the bidder at least through December 31, 2026. The State of Delaware reserves the right to ask for an extension of time if needed.

c) Proposal Opening: DWDB will receive proposals until the date and time shown in this RFP.

(1) There will be no public opening of proposals, but a public log will be kept of the names of all Provider organizations that submitted proposals. The contents of any proposal shall not be disclosed in accordance with Executive Order # 31 and Title 29, Delaware Code, Chapter 100.

4. Non-Conforming Proposals: Non-conforming proposals will not be considered.

Non-conforming proposals are defined as those that do not meet the requirements http://governor.delaware.gov/orders/exec_order_31.shtml http://delcode.delaware.gov/title29/c100/index.shtml of this RFP. The determination of whether an RFP requirement is substantive, or a mere formality shall reside solely within Delaware.

5. Concise Proposals: The State of Delaware discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The State of Delaware’s interest is in the quality and responsiveness of the proposal.

6. Realistic Proposals: It is the expectation of the State of Delaware that Providers can fully satisfy the obligations of the proposal in the manner and time frame defined within the proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

a) The State of Delaware shall bear no responsibility or increased obligation for a Provider’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

7. Confidentiality of Documents: Subject to applicable law or the order of a court of competent jurisdiction to the contrary, all documents submitted as part of the Provider’s proposal will be treated as confidential during the evaluation process.

As such, Provider proposals will not be available for review by anyone other than the State of Delaware/Proposal Evaluation Team or its designated agents. There shall be no disclosure of any Provider’s information to a competing Provider prior to award of the contract unless such disclosure is required by law or by order of a court of competent jurisdiction.

a) The State of Delaware and its constituent agencies are required to comply with the State of Delaware Freedom of Information Act, 29 Del.

C. § 10001, et seq. (“FOIA”). FOIA requires that the State of Delaware’s records are public records (unless otherwise declared by FOIA or other law to be exempt from disclosure) and are subject to inspection and copying by any person upon a written request. Once a proposal is received by the State of Delaware and a decision on contract award is made, the content of selected and non-selected Provider proposals will likely become subject to FOIA’s public disclosure obligations.

b) The State of Delaware wishes to create a business-friendly environment and procurement process. As such, the State of Delaware respects the Provider community’s desire to protect its intellectual property, trade secrets, and confidential business information (collectively referred to herein as “confidential business information”). Proposals must contain sufficient information to be evaluated. If a Provider feels that they cannot submit their proposal without including confidential business information, they must adhere to the following procedure or their proposal may be deemed unresponsive, may not be recommended for selection, and any applicable protection for the Provider’s confidential business information may be lost.

c) In order to allow the State of Delaware to assess its ability to protect a Provider’s confidential business information, Providers will be permitted to designate appropriate portions of their proposal as confidential business information. Provider(s) may submit portions of a proposal considered to be confidential business information in a separate attachment clearly labeled “Confidential Business Information” and include the specific RFP number. The attachment must contain a letter from the Provider’s legal counsel describing the documents, representing in good faith that the information in each document is not “public record” as defined by 29 Del. C. § 10002, and briefly stating the reasons that each document meets the said definitions. The Provider should also include the confidential attachment information on Appendix B, Attachment 3 as appropriate.

d) Upon receipt of a proposal accompanied by such an attachment, the State of Delaware will open the attachment to determine whether the procedure described above has been followed. A Provider’s allegation as to its confidential business information shall not be binding on the State of Delaware. The State of Delaware shall independently determine the validity of any Provider designation as set forth in this section. Any Provider submitting a proposal or using the procedures discussed herein expressly accepts the State’s absolute right and duty to independently assess the legal and factual validity of any information designated as confidential business information. Accordingly, Provider(s) assume the risk that confidential business information included within a proposal may enter the public domain.

8. Price Not Confidential: Providers shall be advised that as a publicly bid contract, no Provider shall retain the right to declare their pricing confidential.

9. Multi-Provider Solutions (Joint Ventures)

a) Multi-Provider solutions (joint ventures) will be allowed and are required given the definition below for Lead Provider. Only one (1) of the venture partners is designated as the “Lead Provider”. The Lead Provider must be the joint venture’s contact point for the State of Delaware and be responsible for the joint venture’s performance under the contract, including all project management, legal and financial responsibility for the implementation of all Provider systems.

b) If a joint venture is proposed, a copy of the joint venture agreement clearly describing the responsibilities of the partners must be submitted with the proposal. Services specified in the proposal shall not be subcontracted without prior written approval by the State of Delaware, and approval of a request to subcontract shall not in any way relieve Provider of responsibility for the professional and technical accuracy and adequacy of the work. Further, Provider shall be and remain liable for all damages to the State of Delaware caused by negligent performance or non-performance of work by its subcontractor or its sub- subcontractor.

c) Multi-Provider proposals must be a consolidated response with all costs included in the cost summary. Where necessary, RFP response pages are to be duplicated for each Provider.

d) Lead Provider: The State of Delaware expects to negotiate and contract with only one “Lead Provider”. The State of Delaware will not accept any proposals that reflect an equal teaming arrangement or from Providers who are co-bidding on this RFP. The lead Provider will be responsible for the management of all subcontractors.

(1) Any contract that may result from this RFP shall specify that the lead Provider is solely responsible for fulfillment of any contract with the State of Delaware as a result of this procurement. The State of Delaware will make contract payments only to the awarded Provider. Payments to any subcontractors are the sole responsibility of the Lead Provider (awarded Provider).

(2) Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under Section V.B.14 regarding multiple source contracting.

10. Subcontracting

a) The Provider selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, Providers assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

b) Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The lead Provider shall be wholly responsible for the entire contract performance whether or not subcontractors are used. Any subcontractors must be approved by the State of Delaware.

c) Multiple Proposals: A lead Provider may not submit more than one (1) proposal. However, lead Providers may be a subcontractor participating in another proposal. Sub-contracting Providers may participate in multiple joint venture proposals.

11. Discrepancies and Omissions

a) Provider is fully responsible for the completeness and accuracy of its proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of the Provider. Should Provider find discrepancies, omissions, unclear or ambiguous intent or meaning, concerning this RFP, Provider shall notify the State of Delaware’s Designated Contact, in writing, of such findings in the same manner as the submission of questions at least ten (10) days prior to the deadline for the submission of proposals.

b) Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing in the specified manner and timeframe.

c) RFP Question and Answer Process

(1) The State of Delaware will allow written requests for clarification of the RFP. All questions shall be received no later than the date specified in Section II. RFP Schedule and Important Dates. All questions will be consolidated into a single set of responses and posted on the State of Delaware’s website at www.bids.delaware.gov by the date specified in Section II. RFP Schedule and Important Dates. Provider names will be removed from questions in the responses released. Questions should be submitted in the following format. Deviations from this format will not be accepted:

(a) Section number;

(b) Paragraph number;

(c) Page number; and

(d) Text of passage being questioned.

12. State’s Right to Reject Proposals

a) The State of Delaware reserves the right to accept or reject any or all proposals or any part of any proposal, to waive defects, technicalities or any specifications (whether they be in the State of Delaware’s specifications or Provider’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the State of Delaware may deem necessary in the best interest of the State of Delaware.

13. State’s Right to Cancel Solicitation

a) The State of Delaware reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason.

The State of Delaware makes no commitments expressed or implied, that this process will result in a business transaction with any Provider.

b) This RFP does not constitute an offer by the State of Delaware.

Provider’s participation in this process may result in the State of Delaware selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by the State of Delaware to execute a contract nor to continue negotiations. The State of Delaware may terminate negotiations at any time and for any reason, or for no reason.

14. State’s Right to Award Multiple Source Contracting

a) Pursuant to 29 Del. C. § 6986, the State of Delaware may award a contract for a particular professional service to two (2) or more Providers http://www.bids.delaware.gov/ if the agency head makes a determination that such an award is in the best interest of the State of Delaware.

15. Potential Contract Overlap

a) Providers shall be advised that the State, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its agencies and as it serves the best interest of the State of Delaware. As needs are identified, there may be instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The State of Delaware reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple Providers during the same period, to award by types, on a zone- by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the State of Delaware.

16. Notification of Withdrawal of Proposal

a) Provider may modify or withdraw its proposal by written request, provided that both proposal and request are received by the State of Delaware prior to the proposal due date. Proposals may be re-submitted in accordance with the proposal due date in order to be considered further.

b) Proposals become the property of the State of Delaware at the proposal submission deadline. All proposals received are considered firm offers at that time.

17. Revisions to the RFP

a) If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s website at www.bids.delaware.gov.

The State of Delaware is not bound by any statement related to this RFP made by any State of Delaware employee, contractor or its agents.

18. Exceptions to the RFP

a) Any exceptions to the RFP, or Delaware’s terms and conditions, must be recorded on Appendix B, Attachment 2. Acceptance of exceptions is within the sole discretion of the evaluation committee. Delaware reserves the right to deny any and all exceptions taken to the RFP requirements.

19. Business References

a) Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Appendix B, Attachment 4. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

20. Award of Contract

a) The final award of a contract is subject to approval by Delaware.

Delaware has the sole right to select the successful Provider(s) for award, to reject any proposal as unsatisfactory or non- responsive, to award a contract to other than the lowest priced proposal, to award multiple contracts, or not to award a contract, as a result of this RFP. Delaware can fund proposals in whole, part, or none.

b) Notice in writing to a Provider of the acceptance of its proposal by Delaware and the subsequent full execution of a written contract will constitute a contract, and no Provider will acquire any legal or equitable rights or privileges until the occurrence of both such events.

c) RFP Award Notifications

(1) After reviews of the evaluation committee report and its recommendation, and once the contract terms and conditions have been finalized, Delaware will award the contract.

(2) The contract shall be awarded to the Provider(s) whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

(3) It should be explicitly noted that Delaware is not obligated to award the contract to the Provider who submits the lowest bid or the Provider who receives the highest total point score, rather the contract will be awarded to the Provider whose proposal is the most advantageous to the State of Delaware. The award is subject to the appropriate Delaware approvals.

d) After a final selection is made, the winning Provider(s) will be invited to negotiate a contract with the Delaware Workforce Development Board;

remaining Providers will be notified in writing of their selection status.

21. Cooperatives: Providers, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation.

C. RFP Evaluation Process

1. An evaluation team will evaluate proposals. Neither the lowest price nor highest scoring proposal will necessarily be selected.

2. The DWDB reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Providers. Providers are to provide in a timely manner any and all information that DWDB may deem necessary to decide.

3. Proposals will be evaluated pursuant to the selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. The following is the process proposals will be handled after submission:

a) Evaluation Team: The Proposal Evaluation Team shall be composed of at least one (1) DWDB Staff and at least three (3) DWDB Board Members.

b) Initial Review: DWDB staff will review proposals and reject all that do not meet the minimum criteria. Those not rejected will be advanced to the Proposal Review.

c) Proposal Review

(1) The Proposal Evaluation Team will individually review and score written proposals. Points will be awarded based on the

Proposal Evaluation Team’s review of the written proposals.

DWDB and the Evaluation Team will make recommended awards based on the Proposal Review. DWDB will notify all Providers of the outcome.

4. Proposal Selection Criteria - The Proposal Evaluation Team shall assign up to the maximum number of points for each Evaluation Item to each of the proposing Provider’s proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

a) The proposals shall contain the essential information on which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by DWDB to be essential for use by the Proposal Evaluation Team in the bid evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible Provider and participate in the Proposal Evaluation Team’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Proposal Evaluation Team.

b) The Proposal Evaluation Team reserves the right to:

(1) Select for contract or for negotiations a proposal other than that with lowest costs.

(2) Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

(3) Waive or modify any information, irregularity, or inconsistency in proposals received.

(4) Request modification to proposals from any or all Providers during the contract review and negotiation.

(5) Negotiate any aspect of the proposal with any Provider and negotiate with more than one (1) Provider at the same time.

(6) Select more than one (1) Provider pursuant to 29 Del. C. §6986.

It is anticipated that multiple Providers will be selected. Such selection will be based on the type of services and programming being offered and the existing needs for services and programming.

c) For all Providers who have had a contract with DWDB or State of Delaware in the past, State of Delaware will provide the Proposal Evaluation Team with information about past performance, which will be taken into consideration when making funding recommendations.

5. Criteria Weight All proposals shall be evaluated using the same criteria and scoring process.

Providers are encouraged to review the evaluation criteria and to provide a response that addresses each of the scored items. Evaluators will not be able to make assumptions about a Provider’s capabilities so the responding Provider should be detailed in their proposal responses.

The following criteria shall be used by the Evaluation Team to evaluate proposals:

Criteria Points Organization Background

- Proposal clearly describes the organization’s experience implementing workforce training programs or similar programs.

- Proposal identifies strong partnerships that will impact the success of the program.

Program Details

- Proposal demonstrates that the program is either 2+ years old and is proposing to try something new/innovative, or less than 2 years old and is doing something different than the status quo.

- Proposed program is in a high-growth, high-demand industry.

- Proposed program is feasible based on the timeline, model, and scale.

- Proposed program offers adequate resources to address barriers and includes a plan to implement.

- Proposed program meets community needs and has evidence to support this.

- Challenges were identified and adequate solutions proposed.

Outcomes and Sustainability

- Proposal identifies a plan to connect participants to employers.

- Proposed program, or a similar program, has been implemented elsewhere and has evidence of success.

- Outcomes and metrics are identified and aligned with the RFP.

- Strong sustainability plan for operating the program past DWDB

ARPA funding.

Budget and Timeline

- Proposed budget is adequate and sustainable.

- No required capital expenditures or capital expenditures will be covered through other funding.

- Timeline is feasible and aligns with DWDB ARPA funding.

- Proposed program has a plan to secure any necessary resources/support.

Bonus Points

- The proposed program specifically targets women and/or hard to employ individuals.

- The proposed program is offered in Kent and/or Sussex Counties.

6. Funding Decisions: The Proposal Evaluation Team will total all points allotted per team member, determine the total points allotted per Proposal and rank all Proposals. The Proposal Evaluation Team may negotiate with one (1) or more Providers during the same period and may, at its discretion, terminate negotiation with any or all Providers. The Proposal Evaluation Team shall make a recommendation regarding the awards to DWDB, who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982(b), to award contracts to successful Provider(s) in the best interests of the State of Delaware.

a) Providers may request an explanation of the basis of the awarding of funds from the Executive Director of DWDB. The request must be in writing and must be submitted within ten (10) days of the date indicated on the award notification.

7. References: The Proposal Evaluation Team may contact any customer of the Provider, whether or not included in the Provider’s reference list, and use such information in the evaluation process. Additionally, DWDB may choose to visit existing installations of comparable systems, which may or may not include Provider personnel. If the Provider is involved in such site visits, DWDB will pay travel costs only for State of Delaware personnel for these visits.

8. Contract Terms and Conditions

a) Contract Use by Other Agencies: REF: Title 29, Chapter 6904(e)

Delaware Code. If no State of Delaware contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency's contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency's contract when the arrangement is agreeable to all parties.

b) Cooperative Use of Award: As a publicly competed contract awarded in compliance with 29 DE Code Chapter 69, this contract is available for use by other states and/or governmental entities through a participating addendum. Interested parties should contact the State of Delaware Contract Procurement Officer identified in the contract for instruction.

Final approval for permitting participation in this contract resides with the Director of Government Support Services and in no way places any obligation upon the awarded Provider(s).

c) General Information

(1) The term of the contract between the successful Provider and

Delaware shall be through December 31, 2026.

(2) The selected Provider will be required to enter into a written agreement with DWDB. DWDB reserves the right to incorporate standard State of Delaware contractual provisions into any contract negotiated as a result of a proposal submitted in response to this RFP. Any proposed modifications to the terms and conditions of the standard contract are subject to review and approval by the DWDB. Providers will be required to sign the contract for all services and may be required to sign additional agreements.

(3) The selected Provider or Providers will be expected to enter negotiations with DWDB, which will result in a formal contract http://delcode.delaware.gov/title29/c069/sc01/index.shtml between parties. Procurement will be in accordance with subsequent contracted agreement. This RFP and the selected Provider’s response to this RFP will be incorporated as part of any formal contract.

(4) The successful Provider shall promptly execute a contract incorporating the terms of this RFP within thirty (30) days after award of the contract. No Provider is to begin any service prior to the execution of the contract.

(5) If the Provider to whom the award is made fails to enter into the agreement as herein provided, the award will be annulled, and an award may be made to another Provider. Funds returned may be allocated as deemed appropriate by DWDB.

(6) DWDB reserves the right to extend this contract on a month-to-month basis for a period of up to one (1) year after the term of the full contract has been completed.

d) Collusion or Fraud

(1) Any evidence of agreement or collusion among Provider(s) and prospective Provider(s) acting to illegally restrain freedom from competition by agreement to offer a fixed price, or otherwise, will render the offers of such Provider(s) void.

(2) By responding, the Provider shall be deemed to have represented and warranted that its proposal is not made in connection with any competing Provider submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud;

that the Provider did not participate in the RFP development process and had no knowledge of the specific contents of the RFP prior to its issuance; and that no employee or official of the State of Delaware participated directly or indirectly in the Provider’s proposal preparation.

(3) Advance knowledge of information which gives any particular Provider advantages over any other interested Provider(s), in advance of the opening of proposals, whether in response to advertising or an employee or representative thereof, will potentially void that particular proposal.

e) Lobbying and Gratuities

(1) Lobbying or providing gratuities shall be strictly prohibited.

Providers found to be lobbying, providing gratuities to, or in any way attempting to influence a State of Delaware employee or agent of the State of Delaware concerning this RFP or the award of a contract resulting from this RFP shall have their proposal immediately rejected and shall be barred from further participation in this RFP.

(2) The selected Provider will warrant that no person or selling agency has been employed or retained to solicit or secure a contract resulting from this RFP upon agreement or understanding for a commission, or a percentage, brokerage or contingent fee. For breach or violation of this warranty, Delaware shall have the right to annul any contract resulting from this RFP without liability or at its discretion deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

(3) All contact with State of Delaware employees, contractors or agents of the State of Delaware concerning this RFP shall be conducted in strict accordance with the manner, forum and conditions set forth in this RFP.

f) Solicitation of State Employees

(1) Until contract award, Providers shall not directly or indirectly, solicit any employee of the State of Delaware to leave the State of Delaware’s employ in order to accept employment with the Provider, its affiliates, actual or prospective contractors, or any person acting in concert with Provider, without prior written approval of Delaware’s contracting officer. Solicitation of State of Delaware employees by a Provider may result in rejection of the Provider’s proposal.

(2) This paragraph does not prevent the employment by a Provider of a State of Delaware employee who has initiated contact with the Provider.