RFP - Professional Services

6982(b) Version: 7/22/2022

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

WIOA FUNDED IN-SCHOOL YOUTH (ISY) SERVICES

ISSUED BY

DELAWARE WORKFORCE DEVELOPMENT BOARD in PARTNERSHIP with

DELAWARE DEPARTMENT OF LABOR, DIVISION OF EMPLOYMENT AND

TRAINING (DET)

CONTRACT NUMBER LAB-ISY-24R-001

I. Overview The Delaware Workforce Development Board (“DWDB”) in partnership with the Delaware

Department of Labor, Division of Employment and Training (“DOL”) solicits organizations with the expertise and demonstrated capacity to effectively and efficiently provide high quality programming for In-School (ISY) with barriers to secondary school completion, employment and/or post-secondary enrollment. Programs should include career exploration and guidance, counseling, support for educational attainment, and opportunities for occupational skills training in in-demand industries and occupations in the State of Delaware. and training related services for Opportunity Youth ranging in age from 14-21 years of age.

As defined by the Workforce Innovation Opportunity Act (WIOA) of 2014, defines the age of ISY as not younger than age 14 at the time of enrollment and not older than 21 at the time of enrollment. In addition to the base age, Delaware is seeking proposals that are innovative and reflect quality partnerships with businesses and community agencies that can provide a variety of services and opportunities for the targeted population.

The United States Department of Labor Division of Employment and Training

Administration (USDOL/ETA) has set priorities for programs serving youth as well as a

STATE OF DELAWARE

DWDB and DOL-DET vision for coordination and impact, many based on lessons learned from the pandemic and best practices used in states and local areas. The overarching vision is to achieve a no-wrong-door workforce system with critical partners committed to quality career pathways and paid work experiences. USDOL/ETA has established several priorities for youth workforce development, including advancing equity, ensuring job quality, addressing mental health, and elevating youth voice.

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

The proposed schedule of events subject to the RFP is outlined below:

Public Notice Date: Jan 19, 2024

Pre-bid Meeting Date: Jan 29,2024

Deadline for Questions Date: Jan 30, 2024

Response to Questions Posted by: Date: Feb 9, 2024

Deadline for Receipt of Proposals Date: Feb 16, 2024, at 1:00 PM (Local Time)

Proposal Review Date: Feb 21, 2024

Oral Clarification & Presentations Date: Mar 1, 2024

Consolidation Meeting Date: Mar 5, 2024

DWDB Meeting Funding Recommendation Date: Mar 12, 2024

Estimated Notification of Award Date: March 14, 2024 http://delcode.delaware.gov/title29/c069/sc06/index.shtml

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing firm’s interest in providing the required professional services. The transmittal letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in presenting the proposal. (Applicant exceptions must also be recorded on Attachment 3).

Furthermore, the transmittal letter must attest to the fact, at a minimum, that the Vendor shall not store or transfer non-public State of Delaware data outside of the United States. For technology related solicitations, Vendors may refer to the Delaware Department of

Technology and Information identified terms and conditions included in this solicitation.

The State of Delaware reserves the right to deny any, and all exceptions taken to the RFP requirements.

PRE-BID MEETING

A pre-bid meeting has been established for this Request for Proposal on Monday, January

29, 2024 at 10am. This is not a mandatory meeting. However, 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. The pre-bid meeting will be held via Zoom. It is requested that you register by using the Zoom registration link below:

Zoom Registration Link https://delaware-gov.zoom.us/meeting/register/tZAtduGopjwuGtfRF1TiMJebt6uTtoeiot6x

II. Scope of Services Delaware is soliciting proposals for In-School Youth (ISY) between the ages of 14 and

21. Delaware is seeking proposals that are innovative and reflect quality partnerships with businesses and community agencies that can provide a variety of services and opportunities for the targeted population. The Workforce Innovation and Opportunity Act

(WIOA) establishes mandated design components and program elements that are listed within this solicitation.

A. Outreach, Recruitment, and Retention: Outreach and recruitment includes, but is not limited to, identifying potentially eligible youth, working with parents and guardians to secure necessary documentation, and working closely with other governmental and community organizations and school systems to identify and recruit ISY. Once enrolled, continued engagement and retention of participants is vital to individual and program success.

https://delaware-gov.zoom.us/meeting/register/tZAtduGopjwuGtfRF1TiMJebt6uTtoeiot6x

B. Intake, Eligibility Determination and Certification: Provider will be responsible for reasonably determining WIOA eligibility of youth applicants recruited into the program, determining the youth’s suitability for program services, and collecting, verifying and uploading all necessary eligibility source documents. WIOA requires all youth to meet certain eligibility criteria and be determined eligible prior to enrollment and receipt of

WIOA funded services.

C. Providers shall implement Mental Health and Trauma Informed care and training for staff and participants must be implemented throughout the program year.

D. Providers shall ensure that participants have an understanding of quality jobs through supported work experiences that include supervision, paid training, access to supportive services, career ladders and work base learning that may lead to a certification.

E. Objective Assessment: Providers must conduct an objective assessment of the academic level, skill levels, and service needs of each participant, which will include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes, supportive service needs, mental health services, and development needs.

The goal is to accurately evaluate each youth in order to develop an appropriate service strategy to meet their individual needs, appropriate services, and a career pathway.

F. Individual Service Strategy (ISS): Providers should use the results of the youth participant’s objective assessment to develop the ISS with the youth participant. The ISS is an individualized, written plan of short and long-term goals that include career pathways, education and employment goals, involvement in WIOA youth program elements, support services, incentives, and stipends. For all youth, the ISS will identify the timeframe in which each youth will be expected to complete all activities related to the goals. The ISS will clearly connect the services to be provided to the outcomes to be achieved between WIOA enrollment and exit. The form for the written ISS will be provides by Delaware. The ISS must be completed and uploaded in DJL within thirty days of certification and must be reviewed and reuploaded at the conclusion of active participation.

G. Case Management: Case Management is the infrastructure for delivering effective services that will facilitate the growth and development of youth and the achievement of performance goals. The process extends from recruitment through follow-up. Case

Management motivates participants and coordinates services and information to prepare youth for post-secondary education opportunities, academic and occupational training or employment and training opportunities as appropriate. The bidder should describe in detail how they are embedding comprehensive, wraparound case management services within their proposed program design. Bidders should describe in detail plans to develop case managers through training and supervision.

H. All providers shall ensure that analyzing and solving problems, durable, (soft skills), competency in foundation mathematics, reading skills and good attendance is taught and reinforced continually as important and interrelated parts of the program.

I. Providers will assess reading and math skills. Basic language and numeric skills training will be provided concurrently with skills training as appropriate. Assessments provided by the local education agency (e.g. Smarter Balance, PSAT, and SAT) may be used to assess reading and math skills. Providers may also assess by using an assessment approved by the National Reporting System found here https://www.federalregister.gov/documents/2016/12/13/2016-29899/tests-determined-to-be-suitable-for-use-in-the-national-reporting-system-for-adult-education under the “Approved Test, Forms, and Approval Periods”.

J. All Providers will offer training appropriate to the intended job placement opportunity and demonstrate that the curriculum being offered through proposed training meets the current and projected needs of the local employers.

K. Providers will offer programming that will allow trainees to earn a Diploma, GED, and/or other Industry Recognized Credential

L. Providers will ensure youth program personnel are available beyond nontraditional hours of operation to provide needed support and services when applicable.

M. Providers will provide effective connections to employers, including small employers, in high demand industry sectors and high demand occupations (those that lead to a quality job) of the local and regional labor markets that lead to a quality in order to:

1. Explore careers and industries;

2. Provide work-based learning where participants have the opportunity to engage and learn from employers. This can include job shadowing, paid/unpaid work experience/internship, clinical; and virtual work experiences are allowable

3. Demonstrate linkages between academic instruction and occupational training;

and

4. Prepare students for unsubsidized employment opportunities.

N. Providers will maintain documentation for each participant, including eligibility, attendance, assessments, credentials, certificates, measurable skill gains, and outcomes. Providers will provide documentation to DWDB and DOL- DET and/or their designees upon request.

O. Providers will utilize Delaware JobLink (https://joblink.delaware.gov/) to maximize participants’ job search and placement. At a minimum, this will include a current updated resume built in Delaware JobLink.

P. Providers will provide retention services, as necessary, including during the day and evening to meet performance measures for 12 months following exit of participants.

Mentoring and follow-up need to be added.

https://www.federalregister.gov/documents/2016/12/13/2016-29899/tests-determined-to-be-suitable-for-use-in-the-national-reporting-system-for-adult-education https://www.federalregister.gov/documents/2016/12/13/2016-29899/tests-determined-to-be-suitable-for-use-in-the-national-reporting-system-for-adult-education https://joblink.delaware.gov/

Q. Providers will maintain documentation for each participant, including eligibility, attendance, assessments, credentials, certificates, measurable skill gains, and outcomes. Providers will provide documentation to DWDB, DET and/or their designees upon request.

R. Providers will develop a robust referral mechanism and document all referrals (received and sent) and will provide a quarterly reporting of this data to support youth obtaining needed supports to help them to succeed.

S. Work Experience All Providers must integrate the use of paid work experience into proposed program.

All Providers should budget 25% for this expense in their proposals. Budgets should include wages, fringes, temporary staffing fees and staff to develop and monitor work experience sites.

Paid work experience is defined as a planned, structured learning experience that takes place in a workplace (a public, private for-profit sector, or private non-profit organization) for a limited period. Work experience is used for participants who:

1. need assistance in becoming accustomed to basic work requirements and be designed to promote the development of good work habits and basic work skills for individuals who have never worked or who have been out of the labor force for an extended period;

2. provide hands-on experience that reinforces the classroom training when implemented with other training strategies; or

3. desire an occupation where the skills for the desired occupation are typically attained through work experience or on-the-job training.

For all participants, it provides skills that may be added to participants’ resumes as well as linking participants to local employers. Participation in work experience shall be for a reasonable length of time, based on the needs of the participant, which shall be documented in the participant’s ISS. Generally, work experience for youth may not exceed the greater of six (6) months. All participants who participate in work experiences must be paid as an employee earning at least the State of

Delaware minimum wage and may not be classified as independent contractors that would necessitate the issuance of a form 1099.

Labor standards apply in any work experience where an employee/employer relationship, as defined by the Fair Labor Standards Act or applicable State law, exists. Funds provided for work experiences may not be used to directly or indirectly aid in the filling of a job opening that is vacant because the former occupant is on strike or is being locked out in the course of a labor dispute, or the filling of which is otherwise an issue in a labor dispute involving a work stoppage. No worker should be supplanted due to a work experience.

When implementing this, the provider must either:

a) opt to place participants on your organization’s payroll. Participants must be treated like all other employees, for example, having all required deductions, including FICA, UI taxes, etc., as well as be covered under your organization’s worker’s compensation policy during their work experience time; or

b) opt to use a temporary staffing agency to employ participants during the work experience time. The following is the link to the state procured temporary service agencies http://contracts.delaware.gov/contracts_detail.asp?i=3600. Provider must use one of these agencies.

Providers will be required to document and monitor work experience in accordance with DOL Policies and Procedures.

There are the following exemptions to paid work experiences when implemented with Occupational Skills Training Programs that lead to employment in an occupation that requires all the following:

i. A state issued license is required to work in the occupation;

ii. That license requires clinical hours; and

iii. It is common practice that the clinical hours are not paid.

An example is the required clinical hours for a CNA program.

Participants doing experiences with contractor’s organization shall be limited to 10% of the total participants for the contract period. A waiver to this may be requested and approved at the sole discretion of DOL.

The following information shall be provided in each proposal in the order listed below.

Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

T. Mandated Program Elements

1. Tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential.

2. Alternative secondary school services, or dropout recovery services, as appropriate

3. Paid and unpaid work experience that have as a component academic and

Occupational education, which may include –

(a) summer employment opportunities and other employment opportunities available throughout the school year;

(b) pre-apprenticeship programs;

(c) internships and job shadowing; and (iv) on-the-job training (“OJT”) http://contracts.delaware.gov/contracts_detail.asp?i=3600 opportunities.

4. Occupational skill training – All occupational skills training shall lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations program design is centered around a specific occupation or industry, the training must be in in-demand occupations which can be found in

Appendix F. Requests to provide training leading to an occupation not found on the in-demand occupations list in Appendix F may be made. Proposals for occupational skills training in occupations not targeted here are permissible with comprehensive documentation supporting the need for training. The supportive documentation must accompany the proposal.

5. Education offered concurrently with – and in the same context as – workforce preparation activities and training for a specific occupation or occupational luster.

6. Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate.

7. Supportive services.

8. Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months.

9. Follow-up services for not less than 12 months after the completion of participation, as appropriate.

10. Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling or referrals. Comprehensive guidance and counseling begins at the point of enrollment and continues for the entire period that the youth is in the program. It is the central activity of case management and does not end until

12 months after the youth exits the program.

11. Financial literacy education.

12. Entrepreneurial skills training.

13. Services that provide labor market and employment information about in-demand Industry sectors or occupations available in the local area, such as career awareness career counseling, and career exploration services.

14. Post-secondary preparation and transition activities.

U. Population

In-School Youth is defined as an individual who is:

1. Attending any school, including an alternative school, when that education leads to a State of Delaware High School Diploma;

2. Not younger than age 14 or older than age 21 at the time of enrollment;

3. Meets the definition of a low-income individual* (see Appendix C: Definitions);

and

4. Meets the definition of at least one (1) of the following barriers:

▪ Basic skills deficient;

▪ An English language learner;

▪ An offender;

▪ A homeless individual;

▪ A foster child;

▪ Pregnant or parenting;

▪ An individual with a disability;

▪ An individual who requires additional assistance to complete an educational program or to secure or hold employment; or

▪ *An individual living in a high poverty area

* Youth served with BC funds do not have to meet the definition of low-income individual but shall meet all other eligibility requirements.

All youth served must be determined and documented as eligible prior to enrolling by the Provider in accordance with the Department of Labor, Division of

Employment and Training (DET).

V. Performance Measures

The performance measures for programs funded with this RFP and required under the

Workforce Innovation and Opportunity Act (WIOA) are provided in the charts below*. All programs must have program designs that support the attainment of these measures. All programs will be evaluated against these measures. Both sets of measures provided below in this RFP are subject to change as DWDB and DOL-DET re-negotiate measures with USDOL Subrecipients will be notified accordingly.

The following are the federal measures required under WIOA. Definitions of these measures can be found in USDOL TEGL 10-16. Performance Measures are a percentage of the participants exited.

Employment or training activities or employment in the 2nd quarter after exit

62.5 %

Employment or training activities or employment in the 4th quarter after exit 64%

Median Earnings 2nd Quarter After Exit $2,150

Credential Attainment and in Employment or Training 76.5%

Measurable Skill Gains 60%

In order to capture performance and success on a “Real Time” basis, the following

State Performance Measures have been established. All measures except the

Measurable Skills Gain are a percentage of the total participants who exit the program.

Measurable Skills Gain 70%

Credential Attainment 85%

Day 1 Outcome 75%

Employment Outcome Day 1 Hourly

Wage (Average) $15.00

Day 30 Follow-Up 72%

Day 60 Follow-Up 70%

Day 90 Follow-Up 70%

Important note: see definitions of Day 1 Outcome, Day 1 – 90 Follow-up.

*Providers may propose alternative expected rates and performance measures. This must be done in the proposal and must include related outcomes with justification for the alternative provided.

W. Additional Points

Points will be awarded in two categories consisting of integration of:

1.Employer Participation– https://wdr.doleta.gov/directives/attach/TEGL/TEGL_10-16_accessible_version.pdf

a) Proposal includes at least three recent letters from employer partners.

The letters must include current or past hiring support. Letters should also display employer’s willingness to future hire. Not all categories have to be included on one letter.

1. Digital Literacy–

a) Program incorporates digital literacy into training. Participants will be exposed to various platforms used in today’s businesses.

X. Minimum Requirements

1. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

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

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item G, subsection 7 (insurance).

III. Funding

Both Workforce Innovation and Opportunity Act (“WIOA”) and State Blue Collar (“BC”) funds will be used to fund youth served through this program. The anticipated aggregate amount of WIOA funding available for all programs to be funded through this RFP is $296,744. The funding level identified is an estimate, based on historical information.

The estimate is subject to change without notice. This is the anticipated amount for one year. The Provisions of the Terms and Conditions of this Grant #AP-33480-19-60-A-10 provides the authority to Delaware to offer subawards using the Terms and Conditions attached hereto as Appendix D. Delaware will be the Pass-Through Entity (PTE) and will be responsible for monitoring the subrecipient. Delaware established the following priorities for funding for the workforce system.

1. Prioritize investments in sectors that will enable Delawareans to get back to work and increase growth in high-skill, high-wage jobs. DWDB will address the immediate needs of our economy to ensure jobs are filled that enable Delaware families to enter or re-enter the workforce. These are designated in the DWDB Strategic Plan as the “enabling sector” such as individual and family services, education, home health industries. The second area of focus is on growth sectors (healthcare, advanced manufacturing, technology including biotech, fintech, IT, and construction).

2. Raise the bar on educational attainment to reflect the needs of our future economy.

Most jobs require education or training beyond high school. Our goal is to increase credential and degree attainment in Delaware from approximately 50.9% to 60% by

2030. DWDB will fund programs that lead to an industry recognized certification or degree.

3. Increase alignment between learning and work and improve how we build talent pipelines. DWDB looks to programs that break down barriers between learning and work through work-based learning experiences, internships, mentoring, apprenticeships, etc. Programs that have a work experience component are essential as they increase alignment of what an employer’s need will be prioritized. This includes prioritizing programs that include digital literacy and durable skills training.

4. Expand opportunity to increase economic prosperity for all Delawareans. Educational and economic equity are foundational to the health of our state. DWDB’s goal is to dramatically reduce the gaps that exist today based on race, ethnicity, disability, and income.

IV. Professional Services The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

A. Minimum Requirements

5. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

6. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

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

8. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item G, subsection 7 (insurance).

B. General Evaluation Requirements [Use one or more of the subsections below

1. Demonstrated Ability

2. Program Design

3. Cost/Budget

4. Experience and Reputation

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

6. Outcome Placement

7. Expertise

8. Location (geographical)

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 https://bids.delaware.gov/. Paper copies of this RFP will not be available.

3. Assistance to Vendors with a Disability

Vendors 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 no later than ten days prior to the deadline for receipt of proposals.

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

4. RFP Designated Contact

All requests, questions, or other communications about this RFP shall be made in writing to the State of 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 vendor. Vendors should rely only on written statements issued by the RFP designated contact.

Monterry Luckey

Delaware Workforce Development Board

DWDBDETContracting@delaware.gov

To ensure that written requests are received and answered in a timely manner, please use this electronic mail (e-mail) correspondence.

Consultants and Legal Counsel

The State of Delaware may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses. Bidders shall not contact the

State’s consultant or legal counsel on any matter related to the RFP.

5. 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.

Vendors directly contacting State of Delaware employees risk elimination of their proposal from further consideration. Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business.

6. 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.

7. Exclusions

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

a. 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:

b. 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:

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes:

d. Has violated contract provisions such as;

1) Known 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 of one or more contracts;

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

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State 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 vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules 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 and respond to the items outlined in this RFP. The State reserves the right to reject any non-responsive or non-conforming proposals. Each proposal must be submitted with all electronic copies and the Proposal checklist confirming items submitted.

electronic copy on CD or DVD media disk, or USB memory drive. Please provide a separate electronic pricing file from the rest of the RFP proposal responses.

All properly sealed and marked proposals are to be sent to the State of Delaware and received no later than 1:00 PM (Local Time) on February 16, 2024. The Proposals must be delivered by email to the following contact email address with the bid# and

WIOA Out of-School Youth noted in the subject line:

Monterry Luckey

DWDBDETContracting@Delaware.gov

Vendors are directed to clearly state “BID ENCLOSED” and “CONTRACT NO.

LAB-ISY-24R-001” in the subject line.

Any proposal received after the Deadline for Receipt of Proposals date shall not be considered and shall be returned unopened. The proposing vendor bears the risk of delays in delivery and any costs for returned proposals. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor 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 vendors from any obligation in respect to this RFP.

3. Proposal Modifications

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

4. Proposal Costs and Expenses

The State of Delaware will not pay any costs incurred by any Vendor associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at vendor’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 06/30/24. The State of Delaware reserves the right to ask for an extension of time if needed.

6. Late Proposals

Proposals received after the specified date and time will not be accepted or considered. To guard against premature opening, sealed proposals shall be submitted, plainly marked with the proposal title, vendor name, and time and date of the proposal opening. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt.

7. Proposal Opening

There will be no public opening of proposals but a public log will be kept of the names of all vendor 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. Any unopened proposals will be returned to the submitting

Vendor.

8. 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 the State of Delaware.

9. 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.

10. Realistic Proposals

It is the expectation of the State of Delaware that vendors 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 increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

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

11. Confidentiality of Documents

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. All proposals are 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 respects the vendor 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 vendor 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 vendor’s confidential business information may be lost.

In order to allow the State to assess its ability to protect a vendor’s confidential business information, vendors will be permitted to designate appropriate portions of their proposal as confidential business information.

Vendor(s) may submit portions of a proposal considered to be confidential business information in a separate, sealed envelope labeled “Confidential Business Information” and include the specific RFP number. The envelope must contain a letter from the vendor’s legal counsel describing the documents in the envelope, 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.

Upon receipt of a proposal accompanied by such a separate, sealed envelope, the

State of Delaware will open the envelope to determine whether the procedure described above has been followed. A vendor’s allegation as to its confidential business information shall not be binding on the State. The State shall independently determine the validity of any vendor designation as set forth in this section. Any vendor 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, vendor(s) assume the risk that confidential business information included in a proposal may enter the public domain.

12. Multi-Vendor Solutions (Joint Ventures)

Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is designated as the “prime contractor”. The “prime contractor” 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 vendor 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

Vendor of responsibility for the professional and technical accuracy and adequacy of the work. Further, vendor 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-vendor 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 vendor.

a. Primary Vendor

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

Any contract that may result from this RFP shall specify that the prime vendor is solely responsible for fulfillment of any contract with the State as a result of this procurement. The State will make contract payments only to the awarded vendor.

Payments to any-subcontractors are the sole responsibility of the prime vendor

(awarded vendor).

Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under Section IV.B.18 regarding multiple source contracting.

b. Sub-contracting

The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors 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 prime vendor shall be wholly responsible for the entire contract performance whether or not subcontractors are used. Any sub-contractors must be approved by State of

Delaware.

c. Multiple Proposals

A primary vendor may not participate in more than one proposal in any form. Sub-contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting

The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors 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. Any sub-contractors must be approved by State of

Delaware.

14. Discrepancies and Omissions

Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the

State of Delaware’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda.

It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

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, at least ten (10) calendar days prior to the time set for opening of the proposals.

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 January 30, 2024. All questions will be consolidated into a single set of responses and posted on the State’s website at bids.delaware.gov by the date of February 9, 2024. Vendor 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

Questions not submitted electronically shall be accompanied by a CD and questions shall be formatted in Microsoft Word.

15. 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 vendor’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.

16. 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 vendor.

This RFP does not constitute an offer by the State of Delaware. Vendor’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.

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

18. Potential Contract Overlap

Vendors 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. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The State reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors 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.

19. Supplemental Solicitation

The State reserves the right to advertise a supplemental solicitation during the term of the Agreement if deemed in the best interest of the State.

20. Notification of Withdrawal of Proposal

Vendor may modify or withdraw its proposal by written request, provided that both proposal and request is 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.

21. 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.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.

22. Exceptions to the RFP

Any exceptions to the RFP, or the State of Delaware’s terms and conditions, must be recorded on Attachment 3. Acceptance of exceptions is within the sole discretion of the evaluation committee.

23. Business References

Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Attachment 5. 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.

24. Award of Contract

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

State of Delaware has the sole right to select the successful vendor(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.

Notice in writing to a vendor of the acceptance of its proposal by the State of Delaware and the subsequent full execution of a written contract will constitute a contract, and no vendor 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, the State of Delaware will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

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

After a final selection is made, the winning vendor will be invited to negotiate a contract with the State of Delaware; remaining vendors will be notified in writing of their selection status.

25. Cooperatives

Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation. State of Delaware terms will take precedence.

C. RFP Evaluation Process

An evaluation team composed of representatives of the DWDB and State of Delaware will evaluate proposals on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will necessarily be selected.

The State of Delaware reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the State of Delaware may deem necessary to make a decision.

1. Proposal Evaluation Team

The Proposal Evaluation Team shall be comprised of representatives of the DWDB and 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).