RFP - Professional Services

State of Delaware

Request for Proposals (RFP)

Program: On-The-Job Training Programs

Issued by: Department of Labor, Division of Employment & Training

RFP Number: LAB-24R-OJT-001

Performance Period: October 1, 2024 –December 31, 2026

I. Overview

The Division of Employment & Training seeks professional services to provide employers with the funds to offset the cost of training new employees for On-The-Job Training 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: July 31, 2024

Pre-Bid Meeting: August 8, 2024 at 1:00pm

Deadline for Questions: August 12, 2024

Response to Questions Posted: August 21, 2024

Deadline for Receipt of Proposal: September 3, 2024, no later than

1:00 pm

Review Period: September 4, 2024, through September 18, 2024

Estimated Notification Date: September 19, 2024

Expected Period of Performance: October 1, 2024 through December 31, B. Pre-bid Meeting

An optional pre-bid meeting has been scheduled for Thursday August 8, 2024, from

1:00PM to 2:00PM. The meeting will take place online using Microsoft Teams.

Please use the below link to the meeting:

Join the meeting now

III. Scope of Services

A. Funding

1. The source of funds for this solicitation are:

a. The American Rescue Plan Act (ARPA). The anticipated aggregate amount for funding available for all programs to be funded through this RFP is $750,000. The available funding will support multiple programs who respond to this RFP and are selected for funding. The funding level identified is an estimate, the estimate is subject to availability of funds.

B. Services Requested SCOPE): The Division of Employment & Training is seeking employers who http://delcode.delaware.gov/title29/c069/sc06/index.shtml https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjIxY2M5NTktZGY2OC00MWYzLWE3YWMtNjgzZWVmMzA2MmE0%40thread.v2/0?context=%7b%22Tid%22%3a%228c09e569-51c5-4dee-abb2-8b99c32a4396%22%2c%22Oid%22%3a%224d3930c4-1da3-4c88-ba87-3256a82069df%22%7d can upskill workers or who have openings but require assistance with employee payroll. On-The-Job

Training or OJT is a proven, evidence-based strategy that provides up to 50% wage rate reimbursements to businesses to help compensate for the costs associated with skills upgrading for the extraordinary costs of providing the training and additional supervision of newly hired employees.

OJT programs can assist employers who are looking to expand and need additional staff trained with specialized skills. Employers participating in OJT programs are generally the entity providing the training, which helps to ensure all training is relevant to the position the employee is placed. In some instances, however, the employer offering the OJT, may require the participant to receive additional training, if the position requires it, e.g. more specialized IT skills. In such cases, an outside training provider may be hired.

1. Population – Broad:

a. Be age 18 or older at the time of enrollment;

b. Be eligible to work in the United States;

c. Be a Delaware Resident;

d. Be underemployed, unemployed or looking to upskill to increase their opportunities for economic advancement and;

e. Males ages 18-24 must have registered with Selective Service. Those that did not register must submit a Status Information Letter: Found Here: Status Information Letter (SIL) |

Selective Service System : Selective Service System (sss.gov)

f. Delaware strongly encourages proposal where underrepresented, disadvantaged, or low-skilled populations represent no les than 50% of the population being served.

Definitions of these populations can be found in Appendix A. However, Proposals that do not meet this criterion will still be considered.

2. Goals:

a. The intent of this RFP is to fund programs that support employers in providing customized training;

b. Develop employee skills and abilities to succeed in their employment choice;

c. Assist with employer payroll needs to allow for upskilling of Delaware residents;

d. Allow for employer flexibility in employee hiring that may be newly skilled, long term unemployed or someone with less qualifications than normally required and;

e. Provide supportive services by removing barriers that may prevent an employee from accepting a position, e.g. transportation or childcare.

3. Employer Requirements:

a. Offers full time (minimum of 35 hours per week), continued long-term employment position(s) open, providing regular employees with wages (minimum of $16 per hour/reimbursed at $8 per hour) to a (maximum of $25 per hour reimbursed at $12.50 per hour) with employment benefits including health benefits, working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. Employers have the flexibility to pay the participant more than $25 per hour, reimbursement will be capped at $12.50 per hour regardless.

b. Positions must be payroll based (contractual, commission, or 1099 positions are not eligible).

Businesses must comply with all state and federal labor laws, with union concurrence, if applicable.

c. Businesses eligible for participation include for profit, non-profit, not-for-profit, city/town, county and government agencies physically located in Delaware for a t least 1 year and in good standing.

d. Training duration must range from a minimum of 4 weeks to a maximum of 13 weeks.

e. Limit of one OJT participant is permitted per five full time positions, ensuring current employees are not displaced by the new hire and there is adequate staff available to train.

https://www.sss.gov/verify/sil/ https://www.sss.gov/verify/sil/

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

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. Provider shall complete and submit the Proposal Submission Template (Appendix B including any attachments).

B. Prior to Contract Execution

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

1. 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.

2. Any Provider who has not had a contract with the Division of Employment &

Training, Delaware Workforce Development Board or State of Delaware within the past 2 years 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.

3. Compliance check received by the Department of Labor, Divisions of Industrial

Affairs, Division of Small Business, 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.

4. The Minimum Criteria for Submission Checklist (Appendix B) will be used by

Delaware to determine if Proposer meets the minimum requirements for submission. Providers are encouraged to use this checklist as well.

V. Professional Services RFP Administrative Information

A. RFP Issuance

1. Public Notice

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

2. Obtaining Copies of the RFP

This RFP is available in electronic form through the State of Delaware Procurement website at Bids - Delaware Bids and Contracts . Paper copies of this RFP will not be available.

3. Assistance to Providers with a Disability

Providers with a disability may receive reasonable accommodations 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.

http://delcode.delaware.gov/title29/c069/sc06/index.shtml#6981 http://delcode.delaware.gov/title29/c069/sc06/index.shtml#6981 https://mmp.delaware.gov/Bids

4. RFP Designated Contact

All requests, questions, or other communications about this RFP shall be made in writing via email to DOL_DET_Contracts@Delaware.gov 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.

Designated Contact: Frederick Quick- DOL_DET_Contracts@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 Bids - Delaware Bids and Contracts by the date provided in Section I. Overview.

5. 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.

6. 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.

7. 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.

8. Exclusions

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

i. 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.

ii. 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:

iii. Has been convicted or has had a civil judgment entered for a violation under

State or Federal antitrust statutes.

iv. Has violated contract provisions such as.

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

2) Failure to perform or unsatisfactory performance in accordance with terms mailto:DOL_DET_Contracts@Delaware.gov mailto:DOL_DET_Contracts@Delaware.gov of one or more contracts.

v. Has violated ethical standards set out in law or regulation; and

vi. 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.

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.

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.

All proposals shall be sent to DOL_DET_Contracts@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-24R-OJT-001 in the subject line of the email. 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. The designated email will provide you with an automatic reply that states. This mailbox is used for RFP purposes, if you have received this out of office reply we have received your inquiry. Should you not receive the automatic reply you need to contact Frederick Quick at

Frederick.Quick@Delaware.gov Only inquiries regarding successful receipt of the proposal may be sent to Frederick.Quick@Delaware.gov

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 DOL_DET_Contracts@Delaware.gov prior to the deadline for Receipt of Proposals specified.

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 mailto:DOL_DET_Contracts@Delaware.gov mailto:Frederick.Quick@Delaware.gov mailto:Frederick.Quick@Delaware.gov mailto:DOL_DET_Contracts@Delaware.gov 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.

4. 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.

5. 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.

6. Proposal Opening.

Delaware will receive proposals until September 3, 2024 at 1:00pm.

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.

7. 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.

8. 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.

9. 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.

10. 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 http://governor.delaware.gov/orders/exec_order_31.shtml http://delcode.delaware.gov/title29/c100/index.shtml http://delcode.delaware.gov/title29/c100/index.shtml 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.

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.

11. Price Not Confidential.

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

12. Multi-Provider Solutions (Joint Ventures).

Multi-Provider solutions (joint ventures) will be allowed only if one (1) of the venture partners is designated as the “lead contractor”. The “lead contractor” http://delcode.delaware.gov/title29/c100/index.shtml http://delcode.delaware.gov/title29/c100/index.shtml http://delcode.delaware.gov/title29/c100/index.shtml must be the joint venture’s contact point for the State of Delaware and be responsible for the joint ventures 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 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 Section IV.B.17 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 Entity 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.

13. 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 I. Overview. All questions will be consolidated into a single set of responses and posted on the State of

Delaware’s website at Bids - Delaware Bids and Contracts by the date specified in

Section I. 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:

Text of passage being questioned:

14. 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.

15. 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.

16. 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.

17. 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 https://mmp.delaware.gov/Bids 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, whichever may be most advantageous to the State of Delaware.

18. 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.

19. 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 Bids - Delaware Bids and Contracts 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.

20. 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.

21. 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.

22. 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, because 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 State of Delaware; remaining Providers will be notified in writing of their selection status.

24. 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

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 make a decision.

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:

1. Initial Review.

The State of Delaware staff will review proposals and reject all that do not meet the minimum criteria as listed in Appendix A Those not rejected will be advanced to the next review (Written Review).

2. Evaluation Team.

The Proposal Evaluation Team shall be comprised of representatives of the State of Delaware. The

Team shall determine which vendors meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. Professional services for this solicitation are considered under 29 Del. C. § 6982(b). The Team may negotiate with one or more vendors during the same period and may, at its discretion, terminate negotiations with any or all vendors. The Team shall make a recommendation regarding the award to the Executive

Director, who shall have final authority, subject to the provisions of this RFP and 29 Del. C. §

6982(b), to award a contract to the successful vendor in the best interests of the State of Delaware.

3. Proposal Review.

Proposals that meet the RFP criteria will be reviewed by an Evaluation Team in up to two (2) phases:

a. 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 of this phase. Delaware and the

Evaluation Team reserve the right to not hold a Proposal

Clarification and make recommended awards based solely on the

Written Review.

b. Proposal Clarification-If the Evaluation Team deems necessary, selected

Providers will be invited to attend a Proposal Clarification meeting either in-person or virtually with a set date and time per proposal. Providers 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.

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 to clarify uncertainties or eliminate confusion concerning the contents of a proposal.

Proposals may not be modified because of any such clarification request.

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.

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 Delaware 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.

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

RFP 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.

● For all Providers who have had a contract with the Division of Employment &

Training, 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.

● Perform an additional Compliance check to the one submitted by the Provider 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.

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

Maximum

Points

Demonstrated Ability

Provider demonstrates the ability to operate high-quality programs that provided similar services as being solicited in this RFP.

Capacity to meet requirements (size, financial condition, etc.)

Provider has appropriate size and stability to meet anticipated timelines and provide needed training to upskill participants

5. 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

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

6. References.

The Proposal Evaluation Team may contact any customer of the Provider, whether included or not 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.

VI. 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 from contract execution date until December 31, 2026.

2. 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.

3. The selected Provider or Providers will be expected to enter negotiations with

Delaware, 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.

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 Delaware.

6. Delaware reserves the right to extend this contract on a month-to-month basis for a period of up to 3 months after the term of the full contract has been completed.

7. Providers are not restricted from offering lower pricing at any time during the contract term.

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, http://delcode.delaware.gov/title29/c069/sc01/index.shtml 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 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.

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.

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.

This paragraph does not prevent the employment by a Provider of a State of Delaware employee who has initiated contact with the Provider. However, State of Delaware employees may be legally prohibited from accepting employment with the contractor or subcontractor under certain circumstances. Providers may not knowingly employ a person who cannot legally accept employment under State of Delaware or federal law. If a Provider discovers that they have done so, they must terminate that employment immediately.

G. General Contract Terms.

1. Independent Contractors: The parties to the contract shall be independent contractors to one another, and nothing herein shall be deemed to cause this agreement to create an agency, partnership, joint venture, or employment relationship between parties. Each party shall be responsible for compliance with all applicable workers compensation, unemployment, disability insurance, social security withholding and all other similar matters. Neither party shall be liable for any debts, accounts, obligations, or other liability whatsoever of the other party or any other obligation of the other party to pay on the behalf of its employees or to withhold from any compensation paid to such employees any social benefits, workers compensation insurance premiums or any income or other similar taxes.

It may be at the Delaware’s discretion as to the location of work for the contractual support personnel during the project period. Delaware may provide working space and sufficient supplies and material to augment the Contractor’s services.

2. Temporary Personnel are Not State Employees Unless and Until They are Hired

Provider agrees that any individual or group of temporary staff person(s) provided to Delaware pursuant to this Solicitation shall remain the employee(s) of Provider for all purposes including any required compliance with the

Affordable Care Act (“ACA”) by the Provider. Provider agrees that it shall not allege, argue, or take any position that individual temporary staff person(s) provided to the Delaware pursuant to this Solicitation must be provided any benefits, including any healthcare benefits by the State of Delaware and Provider agrees to assume the total and complete responsibility for the provision of any healthcare benefits required by the ACA to aforesaid individual temporary staff person(s). In the event that the Internal Revenue Service, or any other third party governmental entity determines that the State of Delaware is a dual employer or the sole employer of any individual temporary staff person(s) provided to the

State of Delaware pursuant to this Solicitation, Provider agrees to hold harmless, indemnify, and defend the State of Delaware to the maximum extent of any liability to the State of Delaware arising out of such determinations.

Notwithstanding the content of the preceding paragraph, should the State of

Delaware subsequently directly hire any individual temporary staff employee(s) provided pursuant to this Solicitation, the aforementioned obligations to hold harmless, indemnify, and defend the State of Delaware shall cease and terminate for the period following the date of hire. Nothing herein shall be deemed to terminate the Provider’s obligation to hold harmless, indemnify, and defend the

State of Delaware for any liability that arises out of compliance with the ACA prior to the date of hire by the State of Delaware. Provider will waive any separation fee provided an employee works for both the Provider and hiring agency, continuously, for a three (3) month period and is provided thirty (30) days written notice of intent to hire from the agency. Notice can be issued at second month if it is the State of Delaware’s intention to hire.

3. Licenses and Permits

In performance of the contract, the Provider will be required to comply with all applicable federal, State of Delaware and local laws, ordinances, codes, and regulations. The cost of permits and other relevant costs required in the performance of the contract shall be borne by the successful Provider. The

Provider shall be properly licensed and authorized to transact business in the

State of Delaware as provided in 30 Del. C. § 2502.

http://delcode.delaware.gov/title30/c025/index.shtml http://delcode.delaware.gov/title30/c025/index.shtml

Prior to receiving an award, the successful…