RFP - Professional Services

State of Delaware Request for Proposals (RFP)

Program: Learning for Careers

Issued by: Delaware Workforce Development Board in partnership with Delaware Departments of Labor and Education

RFP Number: LAB-24R-LFC-001

I. Overview

The Delaware Workforce Development Board (“DWDB”) in partnership with Delaware Department of Labor, Division of Employment and Training (“DOL/DET”) and Delaware Department of Education, (“DOE”) (collectively

“Delaware”) invites eligible applicants to apply for funds that will support services to directly engage Delaware’s business community and learners in activities that result in the creation or expansion of paid work experiences for youth and adult learners in Delaware. Career awareness, exploration, and paid work experiences must focus on middle and high skill, demand, and wage occupations as defined by the Delaware Department of Labor. The source of funds for this solicitation are State of Delaware General Funds.

The purpose of LFC investments is to expand employer participation in student education, training, and employment programs that lead to an increase in the number of:

A. Youth served through summer youth employment or other DOL funded programs; or

B. Secondary students participating in experiential work-based learning awareness, exploration, and immersion (e.g., internship, clinical, school-based enterprise, registered youth apprenticeship) activities; or

C. Post-secondary students participating in work-based learning and/or clinical/experiential learning programs.

D. Strengthen employer-led efforts to recruit youth (ages 14 to 24) into the workforce and/or to expand the capacity of employers to offer clinical, internship, apprenticeship, work-based learning immersion, or other types of cooperative education programs.

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: May 22, 2024

Pre-Bid Meeting: May 29, 2024

Deadline for Questions regarding this RFP: May 30, 2024

Questions Posted: June 10, 2024

Deadline for Receipt of Proposal: June 20, no later than 1:00

Clarification Meeting (if needed): June 28, 2024

Consolidation Meeting: July 9, 2024

Estimated Notification of Award : July 15, 2024

Performance Period (Implementation Phase II): September 1, 2024 – June 30, 2025

B. A pre-bid meeting has been scheduled for May 29. 2024, from 9:00 AM – 10:00 AM. The meeting will take place virtually. The link to the virtual meeting is:

https://delaware-gov.zoom.us/j/87310826459?pwd=QQUiWdvpLhkcJNOEuXKLRjlx6fLBZb.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

For definitions of terms used throughout this RFP, refer to Appendix C, Definitions.

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A. Program Design Model

Responses to this RFP should prioritize the following goals:

a. Address business’ pipeline/workforce needs by creating and/or expand their use of paid work experiences for students participating in summer youth employment programs or other DOL funded programs included in the definition of Employment and Training Providers, secondary school work-based learning, and postsecondary work-based learning and clinical/experiential learning programs; and

b. Address the needs of students to explore career interests, contextualize learning/education, and/or gain professional and occupational skills.

Proposals must include how the applicant group will participate in student education, training, and employment programs thus increasing the number of students who receive a paid work experience through summer youth employment programs or other DOL funded programs included in the definition of Employment and Training

Providers, secondary school work-based learning activities, and postsecondary work-based learning and clinical/experiential learning programs. Proposals must include the use of paid work experiences, job shadowing, or other work-based learning models to engage participants with local employers.

B. Eligible Applicants

A Lead Provider (“Provider”) must submit proposal on behalf of an Applicant Group. Applicant Group must include at least three employers who agree to participate in the planning process and provide work-based learning experiences. Other entities such as community-based organizations, postsecondary institutions, government, regional or local economic development entities, labor unions, local education agency, industry associations, philanthropic organizations, other education and training providers and other relevant partners are strongly encouraged to be part of the Applicant Group. Additional points can be awarded to those whose proposal that contains at least one Local Education Agency or Postsecondary Program and/or at least four (4) employers. See section (VI.)(C)(iv)

The Lead Provider is the entity designated by the Applicant Group to serve as the Fiscal Agent for the partnership. The Lead Provider is the responsible entity for meeting all requirements. A Lead Provider can be anyone of the following:

a. Employer/Industry Association

b. Employer Chamber

c. Employer Group

d. State Agency acting on behalf of a group of employers

e. Labor Union

f. Employer Intermediary/Agent working on behalf of a group of employers

An organization can serve on multiple Groups but can only serve as the Lead Provider on one submission.

C. Funding

The source of funds for this solicitation are State General Funds to the Department of Labor, Division of

Employment and Training for the Learning for Careers Program described in Section 267 of the Act.

The estimated total funding available for awards is $500,000 and is subject to change without notice. Any funds not awarded or not expended within the performance period of this RFP may be used to fund future awards within the Learning for Careers Program (LFCP) or other use by the Delaware Workforce Development Board.

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

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 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 LFCP with any modifications that are mutually agreed upon and specified in a resulting agreement.

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

• No younger than 14 and no older than 24 at the time of ;

• Eligible to work in the United States;

https://education.delaware.gov/wp-content/uploads/2023/12/2023_CTE_WBL_Policy.pdf

• Delaware Residents;

iii. LFCP must be implemented in partnership or coordination with at least one Local Education Agency or

Postsecondary Program.

iv. Provider(s) will be responsible for utilizing or conducting assessments to determine participant’s likelihood for success in proposed program. This can include academic, career interests, and service needs. This includes the Student Success Plan completed in Delaware’s secondary schools.

v. Provider(s) will enter required data into the Delaware JobLink system (https://joblink.delaware.gov) for participant tracking and outcome reporting. LFCP’s budgets, when submitted, should reflect staffing to complete this task. requirement

vi. 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).

vii. Funds will be provided on a cost reimbursement basis. Monthly financial reports will trigger payments.

Delaware will require a line-item budget as part of the proposal. The approved budget will be incorporated into the executed contract.

viii. 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 Delaware. 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.

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

x. Budgets that include tuition may be allowed when documentation of the following conditions is provided: tuition charges or entrance fees are not more than the education institution’s catalog price, are necessary to receive specific training, and the training is open to and attended by the general public.

When requesting reimbursement for tuition, Private Business and Trade Schools must comply with the

Department of Education Private Business and Trade Schools Refund policy.

xi. Funds shall be used to implement the LFCPs. This includes programming, training, paid work experiences to participants and may include items such as (see line-item budget in Appendix B):

• Staff salary and fringe

• Assessments

• Certifications

• Tuition

• Employer Training

• Participant Training

• Participant Wages

• Participant Fringes

• Supportive Services to participants

• Training/Learning Materials

• Space

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 Delaware.

A. Minimum Requirements

▪ 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.

https://joblink.delaware.gov/ https://joblink.delaware.gov/

▪ Provider shall complete and submit the Proposal Submission Template (Appendix A).

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

B. Prior to Contract Execution

The following will be provided to Delaware prior to contract execution with the successful Providers:

• Proof of insurance and amount of insurance shall be furnished to Delaware prior to the start of the contract period and shall be no less than as identified in this RFP as indicated in section

(IV)(C)(viii)(g)(v) Insurance.

• Any Provider without a current contract with Delaware Workforce Development Board or State of

Delaware, will provide a copy of their most recent financial statement to State of Delaware to enable State of Delaware to establish their fiscal soundness and eligibility for a contract.

• 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.

• Any trainer identified in the LFCP who will deliver proposed training must be one (1) of the following:

o A State of Delaware public institution or training center; or o An institution of higher education described in Section 102 of the Higher Education Act (20

USC 1002) that is qualified to participate in the student financial assistance programs authorized by title IV of that Act; or o A private business or trade school approved by the Department of Education. If Provider is not an approved Private Business and Trade School by the Department of Education at the time of proposal submission, Provider must be approved prior to contract execution.

V. Professional Services RFP Administrative Information

A. RFP Issuance

i. Public Notice

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

ii. Obtaining Copies of the RFP

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.

iii. Assistance to Providers with a Disability

Providers with a disability may receive accommodation regarding the means of communicating this

RFP or participating in the procurement 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.

iv. RFP Designated Contact

All requests, questions, or other communications about this RFP shall be made in writing via email to

Delaware. 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.

v. Questions

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.

Designated Contact:

DWDB Staff

DWDBDETContracting@delaware.gov

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 I. 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 I. Overview.

http://delcode.delaware.gov/title29/c069/sc06/index.shtml#6981 mailto:DWDBDETContracting@delaware.gov http://www.bids.delaware.gov/

vi. Consultants and Legal Counsel

Delaware 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.

vii. Contact with State Employees

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).

viii. Organizations Ineligible to Bid

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 to conduct business in the State of Delaware for any reason is ineligible to respond to the

RFP.

ix. Exclusions

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

i. Acknowledgement of Understanding of Terms

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.

ii. Proposals

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 and all required attachments. Proposals received after the specified date and time will not be accepted or considered.

Delaware reserves the right to reject any non-responsive or non- conforming proposals. Each proposal must be submitted via email using Microsoft Word or PDF 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. If a Provider is a successful Provider, documents will be requested in Microsoft Word or Excel.

All proposals shall be sent to DWDBDETContracting@delaware.gov and must be received no later than 1:00 PM (Local Time) on the date specified for the Deadline for Receipt of Proposals in section II.

Overview. Providers are directed to enter “BID ENCLOSED- LAB 24 2024-LFC” in the subject line of the email.

Delaware 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.

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.

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.

iii. 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.

iv. Proposal Costs and Expenses

Delaware 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.

v. Proposal Expiration Date

Prices quoted in the proposal shall remain fixed and binding on the bidder at least through June 30, 2025. The State of Delaware reserves the right to ask for an extension of time if needed.

vi. Proposal Opening

Delaware will receive proposals until the date and time shown in this RFP.

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.

vii. Non-Conforming Proposals

Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive, or a mere formality shall reside solely within Delaware.

viii. 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.

ix. 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 timeframe 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.

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.

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x. 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.

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.

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.

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.

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.

xi. Price Not Confidential

Providers shall be advised that as a publicly bid contract, no Provider shall retain the right to declare their pricing confidential.

xii. Multi-Provider Solutions (Joint Ventures)

Multi-Provider solutions (joint ventures) will be allowed and are required given the definition in

Appendix C of 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. 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 http://delcode.delaware.gov/title29/c100/index.shtml 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.

Multi-Provider proposals must be a consolidated response with all cost included in the cost summary.

Where necessary, RFP response pages are to be duplicated for each Provider.

a. 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.

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).

Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under regarding multiple source contracting.

b. Subcontracting

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.

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 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.

xiii. Subcontracting

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.

Use of subcontractors must be clearly explained in the proposal, and subcontractors must be identified by name. All subcontractors must be approved by State of Delaware.

xiv. Discrepancies and Omissions

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 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.

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.

a. RFP Question and Answer Process

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. Overview. 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.

Overview. 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:

Section number;

Paragraph number;

Page number; and

Text of passage being questioned.

Questions shall be submitted in accordance with Section (V)(A)(v).

xv. State’s Right to Reject Proposals

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.

xvi. State’s Right to Cancel Solicitation

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.

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.

xvii. State’s Right to Award Multiple Source Contracting

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 if the agency head makes a determination that such an award is in the best interest of the State of Delaware.

xviii. Potential Contract Overlap

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.

xix. Notification of Withdrawal of Proposal

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.

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

xx. Revisions to the RFP

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.

xxi. Exceptions to the RFP

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.

xxii. 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.

xxiii. Award of Contract

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.

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.

a. RFP Award Notifications

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.

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.

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.

After a final selection is made, the winning Provider(s) will be invited to negotiate a contract with the

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

xxiv. 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.

VI. RFP Evaluation Process

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

Delaware 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 Delaware may deem necessary to decide.

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. Initial Review

State of Delaware staff will review proposals and reject all that do not meet the minimum criteria as listed in

Appendix D. Those not rejected will be advanced to the next review (Written Review).

B. Evaluation Team

The Proposal Evaluation Team shall be comprised of at least one (1) DWDB member or DWDB Staff, one (1)

Department of Education staff, and other representatives as Delaware sees fit.

C. Proposal Review

Proposals who meet the RFP criteria in Appendix D, Minimum Criteria for Submission will be reviewed by an

Evaluation Team.

i. Written Review: 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. The

Proposal Evaluation Team will decide which proposal(s) will move forward and be invited to Proposal

Clarification Day. Those proposals not invited to Proposal Clarification Day will be rejected at this point and not considered for funding. Delaware will notify all Providers of the outcome. Delaware and the Evaluation Team reserve the right to not hold a Proposal Clarification and make recommended awards based solely on the Written Review.

ii. Proposal Clarification: If the Evaluation Team deems necessary, selected Providers will be invited to attend a Proposal Clarification with a set date and time per proposal to provide an in-person meeting.

Points will be awarded based on the Proposal Clarification. During this meeting, Provider’s should be prepared with a maximum seven-minute presentation. Handouts, promotional materials, videos, presentations, etc. are not permitted at Proposal Clarification. The Proposal Evaluation Team will ask each Provider questions. These questions may be developed from the Written Review and will be specific questions targeted to each Proposal. It is anticipated that the questions and answers will take most of the time allotted.

The Proposal Clarification will take place on the date specified in Section II Overview. Providers will be invited to attend and be scheduled a specific time. The Proposal representative(s) attending the

Proposal Clarification shall be technically qualified to respond to questions related to the proposal.

Providers are strongly encouraged to bring staff who can answer questions regarding the programmatic components and staff who can answer questions regarding the budget. Delaware recognizes that these may be different staff.

All the Provider's costs associated with participation in Proposal Clarification are the Provider’s responsibility.

While the Proposal Clarification will be the primary venue to clarify uncertainties or eliminate confusion, the Proposal Evaluation Team or Delaware staff designee at the request of the Proposal

Evaluation Team may contact any Provider in order to clarify uncertainties or eliminate confusion concerning the contents of a proposal.

Proposals may not be modified as a result of any such clarification request.

iii. 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.

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 RFA has been determined by Delaware to be essential for use by the Proposal Evaluation Team in the bid evaluation and award process. Therefore, all instructions contained in this RFA 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

RFA may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Proposal Evaluation Team.

The Proposal Evaluation Team reserves the right to:

• Select for contract or for negotiations a proposal other than that with lowest costs.

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

• Waive or modify any information, irregularity, or inconsistency in proposals received.

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

• Negotiate any aspect of the proposal with any Provider and negotiate with more than one (1)

Provider at the same time.

• 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 for occupational skills training.

• 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.

iv. 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

Applicant Group:

Proposal demonstrates that the plan was developed with input from the appropriate stakeholders, primarily employers who employ occupation(s) identified in demand occupations found at https://de.gov/dwdbindemand and/or graduates from the identified Department of

Education Career and Technical Education state model program of study found at https://www.delawarepathways.org.

Program Design:

Proposal is well defined

Program shows how employers are engaged and partnerships are established

Proposal demonstrates strong employer partnership for placement opportunities

Student selection/outreach

Delivery strategy

End state for both the student and the employer

Program has strong connection to a LEA

Budget:

Reasonable and competitive

Sustainability plan in place

% of request versus organization’s overall budget

Price per student is reasonable

Results and Outcomes:

Well defined/established feedback mechanism on impact of program

Proposer demonstrates the ability or includes trainers with the ability to operate like or similar programs.

Thoughtful outcomes (both qualitative and quantitative)

Tracking mechanisms/case management

Additional Points:

Proposal demonstrates that the Applicant Group represents or contains at least four employers and/or

Proposal demonstrates that the Applicant Group contains at least one Local Education Agency or

Postsecondary Programs and/or

Proposal demonstrates that the Applicant Group contains at least one Local Education Agency with the intent to use the state model program of study for work-based learning

vi. 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

Delaware, 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.

Providers may request an explanation of the basis of the awarding of funds from the Director of the

Division of Employment and Training. The request must be in writing and must be submitted within ten (10) days of the date indicated on the award notification.

vii. 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, Delaware 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, Delaware will pay travel costs only for State of Delaware personnel for these visits.

viii. 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

i. The term of the contract between the successful Provider and Delaware shall be for one (1) year with two (2) optional extensions for a period of one (1) year for each extension.

ii. The selected Provider will be required to enter into a written agreement with Delaware.

Delaware 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 Delaware. Providers will be required to sign the contract for all services and may be required to sign additional agreements.

iii. The selected Provider or Providers will be expected to enter negotiations with Delaware, http://delcode.delaware.gov/title29/c069/sc01/index.shtml which will result in a formal contract 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.

iv. 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.

v. 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 Delaware.

vi. Delaware 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

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.

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.

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

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.

The selected Provider will…