Interested Parties FROM: George Hempe, CEO DATE: APRIL 17, 2018 SUBJECT: REQUEST FOR PROPOSAL (RFP) FOR PROGRAM MONITORING SERVICES

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1 TO: Interested Parties FROM: George Hempe, CEO DATE: APRIL 17, 2018 SUBJECT: REQUEST FOR PROPOSAL (RFP) FOR PROGRAM MONITORING SERVICES Workforce Solutions Alamo (WSA) is seeking the services of a qualified entity to perform program monitoring services review of its contractors that satisfies WSA s contractual obligations under its contract with the Texas Workforce Commission (TWC) and the U.S. Department of Labor (DOL). Monitoring shall be consistent with the requirements set forth in the TWC Financial Manual for Grants and Contracts. All Proposals must be received and recorded by WSA no later than May 8, 2018 by 3:00 p. m. CST. Proposal may be hand delivered prior to the stated deadline between 8:00 a.m. and 5:00 p.m. Monday through Friday, or mailed to the following address: Workforce Solutions Alamo 100 N. Santa Rosa, Suite 120 San Antonio, Texas RE: Request for Proposal for Program Monitoring Services ATTN: Martha Aguilar Notice: Our office will be closed Friday, April 27, 2018 Proposals submitted by mail, courier or overnight mail services must be received at the above address by the deadline (regardless of postmark or date shipped). Proposals received after the due date and time will not be accepted or considered under this procurement. E mailed electronic proposals are acceptable. However, an original application with original signatures must be submitted to be considered under this RFP. Any respondent(s) to this RFP must have a least five (5) years experience in monitoring workforce development programs, knowledgeable and experienced in program monitoring service, and knowledgeable of State and Federal regulations with a preference of exposure to Workforce Service delivery. All inquiries should be directed to Contracts and Procurement, at contractsandprocurement@wsalamo.org. Workforce Solutions Alamo is an Equal Opportunity Employer/Program. Auxiliary aid and services are available upon request to individuals with disabilities. Historically Underutilized Businesses (HUB s) are encouraged to apply. RFP link: us/procurement

2 100 N. Santa Rosa, Suite 120 San Antonio, Texas Voice: (210) REQUEST FOR PROPOSAL (RFP) FOR PROGRAM MONITORING SERVICES Release Date: April 17, 2018 Response Deadline: May 8, 2018 by 3:00 p.m. RFP links: us/procurement An Equal Opportunity Employer/Program Auxiliary aids and services are available upon request for individuals with disabilities 1

3 TABLE OF CONTENTS PART 1.0 GENERAL INFORMATION Background Information Program Monitoring Services Solicited Administration of this RFP Procurement Dispute Resolution Payment Provisions... 9 PART 2.0 CONTRACT INFORMATION General Instructions Proposal Cover Sheet Authorized Signature Narrative Response Historically Underutilized Business (HUB) PART 3.0 GOVERNING PROVISIONS AND LIMITATIONS 10 PART 4.0 SUBMISSION OF INFORMATION Proposal Format Number of Copies/instructions Order of Proposal Content Cover Sheet Proposal Validity Period Proposal Milestone PART 5.0 EVALUATION PROCESS Proposal Evaluation Criteria Liability Insurance PART 6.0 FORMS 14 Attachment A Cover Sheet Attachment B Proposer Narrative Attachment C Certification of Legal and Signatory Authority Attachment D Certification Regarding Lobbying, Debarment, Suspension and other Responsibility Matters, and Drug Free Workplace Requirements Attachment E Certification Regarding Implementation of the Non Discrimination & Equal Opportunity Provisions and the Workforce Innovation and Opportunity Act (WIOA) Attachment E Texas Corporate Franchise Tax Certification Attachment G State Assessment Certification Attachment H Undocumented Worker Certification Attachment I Certificate Regarding Conflict of Interest Attachment J Certification of Proposer Attachment K References Form Attachment L Resumes and Other Response Information 2

4 PART 1.0 GENERAL INFORMATION 1.1 BACKGROUND INFORMATION A. The Workforce Solution Alamo Alamo Workforce Development, Inc., d/b/a/workforce Solutions Alamo (WSA) is incorporated as a private, non profit organization in the State of Texas and maintains a federal tax exemption status as a 501c(3) organization. WSA is governed by a twenty five members board of directors appointed by the Chief Elected Officials (CEOs) of the Alamo Workforce Development Area (AWDA), which consists of the City of San Antonio and the 13 counties of Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, McMullen, Medina, and Wilson in accordance with Texas Senate Bill 642 and House Bill WSA serves as the designated administrative entity and grant recipient/fiscal agent for state and federal workforce development funds allocated to the WSA. WSA s annual revenues are approximately $78 million. WSA receives about 95% of its funding from the Texas Workforce Commission with approximately 82% in federal dollars and 18% in state dollars. WSA subcontracts with various service providers to operate special program funding in the following categorical programs: Workforce Innovation and Opportunity Act, Temporary Assistance to Needy Families, Supplemental Nutrition Assistance Program Employment and Training, and the Child Care Development Fund. In addition, WSA received funds from TWC for Wagner Peyser and Trade Adjustment Assistance. WSA is subject to both State and Federal Single Audit requirements. Each annual audit shall be performed to determine program and financial compliance with all categorical programs; the Texas Workforce Commission s Financial Manual for Grants and Contracts; OMB Circular A 133 Single Audit Act; Guidelines for Financial and Compliance Audits of federally assisted programs by the United States General Accounting Office; Standard for Audit of Governmental Organizations Programs, Activities, and Functions by the Comptroller General of the United States; and any other applicable legislation that is not specifically mentioned. B. Scope of Work WSA is seeking the services of a qualified entity to perform program monitoring services review of its contractors that satisfies WSA s contractual obligations under its contract with the Texas Workforce Commission (TWC) and the U.S. Department of Labor (DOL). Monitoring shall be consistent with the requirements set forth in the TWC Financial Manual for Grants and Contracts. WSA currently contracts with the following agencies: Contractor Contract Contract Award City of San Antonio Child Care Services $50,744,373 C2 Global Workforce Development Services $10,664,194 ResCare Youth Services $3,018,950 Board monitoring staff will conduct program monitoring services for the following programs: TAA, NCP, CHILD CARE QIA. C. Applicable Rules & Regulations: 1. Generally Accepted Accounting Principles (GAAP) 2. Workforce Investment Act of 1998 [Public Law ] and the federal regulations at 20 CFR Parts 652 and 600 through 671, 3. Workforce Innovation and Opportunity Act (WIOA) 3

5 4. Portions of the Social Security Act [42 USCA Section 301]; , 42 U.S.C , as amended; 5. State law at Texas Labor Code, Chapter 307; 6. All applicable federal statutes, regulations, policies and guidance; 7. Food Stamp Act of 1977, 7 U.S. Code (U.S.C.) et seq. (the Act) as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 42 U.S.C. 601 et seq., and the Balanced Budget Act of 1997, 42 U.S.C. 603a 609a; 8. Farm Security and Rural Investment Act of 2002 (Public Law ); 9. Food Conservation, and Energy Act of 2008 (Public Law ); Code of Federal Regulations (C.F.R.) Parts ; 11. Approved SNAP E&T State Plan of Operations; 12. Supplemental Nutrition Assistance Program Employment and Training: A Comprehensive Guide (SNAP E&T Guide); Texas Administrative Code (TAC), Chapter 813; 14. Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) [Public Law ] 42 U.S.C. 601 et. Seq.; TAC Chapters 800,801,809, and 811; 16. Child Care and Development Block Grant Act of 1990, 42 U.S. Code (U.S.C.) 9858 et seq,; 17. Consolidated Appropriations Act of 2005, Pub. L ; 18. Approved State Plan for CCDF; 19. Trade Act of 1974, 19 U.S.C , as amended, Public Law , as amended 20. Trade regulations at 20 C.F.R. Part 617 and 29 C.F.R. Part Balance Budget Act of 1997, Public Law (Pub. L.) ; 22. Deficit Reduction Act of 2005, Pub. L ; 23. Wagner Peyser Act of 1933, as amended; 24. Wagner Peyser Federal Regulations at 20 Code of Federal Regulations (C.F.R.) Part Federal regulations issued by the US Department of Health and Human Services at 45 CFR Parts 270 through 275, inclusive, for services funded by Temporary Assistance to Needy Families, federal regulations 45 CFR Part 260 through 265, Approved State Plan for TANF; 26. Approved Texas TANF Work Verification plan; 27. Approved Local Workforce Development Board Plan, including amendments; 28. Texas Human Resources Code, Chapters 31, 34, and 44; 29. Texas Labor Code, Chapter 302; 30. All related United States Department of Labor guidance for work training programs; 31. Federal regulations issued by the US Department of Agriculture at 7 CRF 271 through 273, Food Stamp Employment and Training services; 32. Texas Senate Bill 642 and House Bill 1863; 33. Sections of the Texas Administrative Code title 40, Part 20 and the Texas Government Code Chapter 2308, as they pertain to the workforce center systems, operations, and programs; 34. Approved Local Workforce Development Board Integrated Plan, including amendments; 35. Workforce Development (WD) Letters, Technical Assistance (TA) Bulletins, and other Agency policy directives; 36. The TWCs Choices Guide; 37. Rules, policies, and plans of the Texas Workforce Commission (TWC) and Workforce Solutions Alamo related to workforce center systems, operations, and programs; and 38. All acts, regulations, letters, manuals, policies, and procedures. 1.2 PROGRAM MONITORING SERVICES SOLICITED A. Program Monitoring Services include: 1. Coordination of monitoring plans and activities with WSA and contractor staff. 2. Development of risk assessment tool, based on TWC requirements for each contractor. 3. Development of monitoring tools based on TWC monitoring requirements and WSA contract requirements. 4

6 4. Development of a reporting plan, with timeframe for report submission to WSA. 5. Conduct entrance and exit conference. 6. Development of a follow up plan to ensure implementation of corrective action plans(s) based on monitoring review(s). 7. Development of recommendations for resolving compliance issues. 8. Preparation and submission of draft, final and follow up monitoring reports detailing all identified deficiencies (findings/observations) and required corrective actions if applicable. 9. Provide follow up monitoring reports as necessary or required. 10. WSA may require special reviews of contractor dependent upon results of monitoring or other information. 11. Reporting monitoring activities for oversight committee meetings. 12. Maintenance of all reports, responses and supporting documentation. 13. Other related services as requested or required by WSA. B. Report Specifications include: The report will consist, but not be limited to, the following elements: 1. Scope of services of the engagement. 2. Description of the documentation and systems that have been reviewed. 3. Findings and/or observations for each service reviewed include identified strengths and weaknesses of the WSA contractor evaluated. 4. Reason(s) improvement is needed for each area reviewed. 5. Consequences of identified weaknesses. 6. Recommendations for improvement and development of corrective actions plans, if applicable, for each area reviewed. 7. Draft reports will be forwarded to WSA prior to exit conference. Contractor will submit a response prior to issuance of final report. 8. Final reports will be issues after approval is received from WSA. 9. Contractor will deliver all related work papers to WSA upon acceptance of final report. 10. Follow up reports as necessary. C. Areas to be reviewed include: 1. Compliance evaluation 2. Participant eligibility and verification 3. Participant assessment and referral 4. Case management, career services and supportive services D. Sampling will range between 15% 25% based upon risk assessment. 1.3 ADMINISTRATION OF THIS RFP A. METHOD OF PROCUREMENT All services solicited under this RFP shall be procured under the competitive negotiation method. The intent of Workforce Solutions Alamo is to execute a contract for program monitoring services with the selected proposer(s). B. TYPE OF CONTRACT WSA may execute a fixed fee or cost reimbursable contract. C. ELIGIBLE PROPOSERS/CONTRACTOR COMPETENCY In accordance with the DOL regulations at 29 CFR Part 98, the WSA is prohibited from awarding funds to any party debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs. Proposers are responsible for familiarity with all applicable regulations and applying them in developing the RFP response. Proposer selected will be required to assume full responsibility for all activities and services included in the contract. No assignment of contract or interest, in any part, to any third party shall be allowed. Proposers must have the following 5

7 qualifications: 1. Have at least five years experience in monitoring workforce development programs. 2. Knowledgeable and experienced in program monitoring services. 3. Knowledgeable of State and Federal regulations with a preference for exposure to Workforce Service delivery. D. CONTRACT PERIOD OF PERFORMANCE It is the intent of WSA to execute a contract(s) for the provision of program monitoring services on or about May 17, 2018 for a one year period. WSA may, at its sole discretion, annually opt to extend the term of the contract for three (3) one year periods. WSA reserves the right to terminate a contract each year or earlier based on contractor performance and WSA satisfaction with the services provided. WSA reserves the right to terminate prior to, or extend, the end date and to increase or decrease the amount of any contract awarded as a result of this RFP. E. FINANCIAL REPORTING Proposer selected and awarded a contract shall be required to comply with federal, state, and WSA policies for financial management, record keeping, and reporting. F. TECHNICAL ASSISTANCE A proposer s conference will not be held. Questions regarding this solicitation shall be submitted by to Contracts and Procurement at contractsandprocurement@wsalamo.org. Questions will not be accepted after 5:00 p.m. (CST) on April 23, Verbal questions will not be accepted or included in addendum. An addendum to the RFP, to include all questions received via will be delivered to all interested parties, and included in archived documents at the Electronic State Business Daily website at and on our website at us/procurement. Other than as specified above, all members of the WSA Board, WSA staff, individuals that have reviewed the RFQ prior to its release, authorized representatives or agents of WSA are precluded from entertaining or answering questions concerning this RFQ or the procurement process G. RESPONSE DEADLINE The response deadline is no later than 3:00 p.m. on May 8, Proposals, whether mailed or personally delivered, must be officially received by this deadline with one original proposal at: Workforce Solutions Alamo 100 N. Santa Rosa, Suite 120 San Antonio, TX Program Monitoring Services Attn: Martha Aguilar Notice: Our office will be closed, April 27, 2018 Official receipt of proposals will be recorded on the WSA Log of Proposals Received, and receipt form issued by WSA. WSA Office hours are Monday Friday 8 a.m. 5:00 p.m. Proposers who mail a proposal will be sent a copy of this receipt form upon request. Late proposals will be disqualified regardless of circumstances. Additions or deletions must be submitted and included in the proposal on or before the deadline. A withdrawal of a proposal is allowable only in person by an authorized representative providing proper identification. 1.4 PROCUREMENT DISPUTE RESOLUTION DEFINITIONS 1. Adverse Action Any denial or reduction in benefits or services to a party, including displacement from current employment by a workforce center customer. 2. Appeal A written request for a review filed with the Board by a person in response to a determination 6

8 or a decision. 3. Board Decision The written finding issued by a Board Hearing Officer following a hearing before that Hearing Office in response to an appeal or complaint. 4. Complaint A written statement alleging a violation of any law, regulation or rule relating to any federal or state funded workforce service. 5. Determination A written statement issued a workforce center customer by the Board or its contractor(s) relating to an adverse action, or to a provider or contractor relating to denial or termination of eligibility under programs administered by the Board list in 823.1(b). 6. Hearing Officer An impartial individual designated by the Board to conduct hearings and issue administrative decisions. 7. Informal Resolution Any procedure that results in an agreed final settlement between all parties to a complaint or an appeal, in lieu of a formal Board hearing. 8. Party A person who files a complaint or who appeals a determination or the entity against which the complaint is filed or that issued the determination. WSA is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. This includes, but is not limited to, disputes, claims, protests of selection or non selection for award, or other matters of a contractual or procurement nature. Matters concerning violation of laws shall be referred to such authority as may have proper jurisdiction. All bidders will be notified in writing of the results of the procurement process within ten (10) working days of the decision of the Board. WSA has established the following process for handling appeals of any procurement decisions: Step 1 Written Notice of Appeal: Proposers not selected by this procurement process may appeal the decision by submitting a written Notice of Appeal to WSA within ten (10) business days from date of the announcement of the grant award. This written notice must clearly state that it is an appeal and identify (1) the solicitation decision being appealed; (2) the specific grounds of the appeal, including a description of any alleged acts or omissions by WSA that forms the basis for the appeal; (3) any written information the appealing party believes relevant to the grant award; (4) the basis for the appealing party interest in the grant award; and (5) the name, address, phone and fax number (if available) of the appealing party(ies). The Notice of Appeal must be addressed to and as follows: George Hempe, CEO Workforce Solutions Alamo 100 N. Santa Rosa, Suite 120 San Antonio, Texas Dated Material Enclosed Facsimile or shall not be accepted at any stage of the appeals process. Written acknowledgement of receipt of the Notice of Appeal will be provided to the appealing party within three (3) working days of receipt of the Notice of Appeal. Such acknowledgement will include specific instructions for completing the appeals process and the date, time and place of the next step, the Informal Hearing. The filing of an appeal within the specified time frame and in the manner required is a non waivable requirement. There is no relief accorded to appellants for not filing within the published deadlines or following instructions. 7

9 Step 2 Informal Hearing: An Informal Hearing will be held at the offices of WSA within fifteen (15) working days of the receipt of the Notice of Appeal. The Chief Executive Officer of WSA shall act as the Hearing Officer, and will meet with the appealing party to discuss their concerns and the specific grounds of the appeal. Materials provided in the Informal Hearing will include a blank copy of the evaluation instrument used by the independent evaluators, a spreadsheet of the scoring results and/or rankings provided to the Board, and the scoring results and/or ranking of the appellant s bid. The Hearing Officer may recommend to the WSA Board of Directors any appropriate actions allowable under applicable rules and regulations and consistent with agency policies to resolve issues raised at the Informal Hearing. If the appealing party agrees, the appeal may be ended at this point. Step 3 Request for a Formal Hearing: If the appealing party is not satisfied with the results of the Informal Hearing, they must inform the Hearing Officer, in writing, no later than three (3) working days from the date of the Informal Hearing of intent to proceed with the appeal. Request for Formal Appeal must state the specific grounds for the appeal and the remedy(ies) requested. Within ten (10) working days of the receipt of this written request, the Hearing Officer will respond, in writing, to inform the appealing party of the time, date and place of Step 4, the Formal Hearing. Step 4 Formal Hearing: The Formal Hearing shall be conducted within thirty (30) days of the date of the Request for Formal Hearing, or sooner if possible. An independent hearing officer selected by WSA will conduct the Formal Hearing of the appeal. The Hearing Officer will deal only with those issues identified in the Request for Formal Hearing. The Hearing Officer will consider the facts presented as the grounds for the appeal and remedies requested. The Hearing Officer may request additional information from WSA staff or the appealing party. After full review, the Hearing Officer will issue his/her decision not later than fifteen (15) days after the Formal Hearing. Should the Hearing Officer s determination result in a different outcome for the bidder, such recommendation shall be presented to the Board for consideration and possible action at its next scheduled meeting. The Board is NOT obligated to accept the Hearing Officer s determination and/or recommendations. The Board s decision shall be the final decision and end the appeals process at the local level. If the Hearing Officer s determination does not result in a different outcome to the appellant, such information need not be presented to the Board and the appellant shall be informed in writing of the determination of the Hearing Officer. In such cases, the Hearing Officer s decision shall be the final decision and end the appeals process at the local level. In all instances, information regarding a protest/dispute will be disclosed to the Texas Workforce Commission. The Texas Workforce Commission s Integrated Complaints, Hearings and Appeals process outlined in 40 TAC 823, et.seq., and the TWC s Financial Manual for Grants and Contracts provide for limited appeals of any local decisions. The Commission will not accept a protest or appeal until all administrative remedies at the local level have been exhausted. Commission appeal review is limited to: Violations of federal law and regulations Violations of the Board s protest/dispute procedures or failure to review a protest or dispute Violations of State or local laws shall be under the jurisdiction of State or local authorities. Request for Debriefing: A request for a debriefing may be submitted within fifteen (15) days of the receipt of notification of the procurement decision by any unsuccessful bidder not filing an appeal. The purpose of the debriefing is to promote the exchange of information, explain the procurement process, including proposal evaluation process, and help unsuccessful bidders understand why they were not selected. Debriefings serve an important educational function for proposers, which hopefully will help them to improve the quality of any future proposals. 8

10 WSA will acknowledge receipt of the request for debriefing in writing within ten (10) working days of receipt, along with the time, date and place of the scheduled debriefing. The debriefing shall be scheduled as soon as possible but no later than thirty (30) days from the receipt of the Request for Debriefing. 1.5 PAYMENT PROVISIONS The provider selected will be reimbursed within thirty days of the receipt of a detailed and properly completed request for payment/invoice. Invoices are by the 10 th of the month for prior month activities. PART 2.0 INSTRUCTIONS FOR SUBMITTING QUALIFICATIONS 2.1 GENERAL INSTRUCTIONS A. FORMAT Proposals must be typed and submitted on 8 1/2 x 11 inch paper, using no less than a 12 point font, with sequentially numbered pages. An incomplete proposal may result in disqualification of your proposal as being non responsive. B. NUMBER OF COPIES One complete original plus one electronic copy must be submitted by the deadline. All documents submitted must be legible, complete and fully assembled. C. PROPOSAL LABELING AND SUBMISSION Proposals must be in a sealed envelope or package and externally labeled as follows: Workforce Solutions Alamo 100 N. Santa Rosa, Suite 120 San Antonio, TX Time Sensitive Material: RFP Program Monitoring Services Attn: Martha Aguilar PROPOSAL DUE DATE May 08, 2018 no later than 3:00 p.m. All materials submitted in response to this RFP become the property of WSA and will not be returned. Selection or rejection of a proposal does not affect this right. WSA is not liable for any costs incurred by Proposers prior to issuance of, or entering into, a contract. Costs associated with developing the proposal are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by WSA. 2.2 PROPOSAL COVER SHEET A fully completed Proposal Cover Sheet must be submitted. 2.3 AUTHORIZED SIGNATURE All proposal documents shall be signed by an individual authorized to bind the proposer or proposing entity. The proposal cover sheet shall provide the name, title, address and telephone number of the individual(s) with authority to negotiate and execute the contract. Verification of authority may be required. 2.4 NARRATIVE RESPONSE The following information, in the order listed below, is required as part of the proposal: A. Information regarding firm: 1. A completed Proposal Cover Sheet (Response Form) 2. A proposal narrative that summarizes the following: a. Professional Staff i. Name ii. Position iii. Resume b. Knowledge of the Workforce system as designed in Texas. 9

11 c. Knowledge of risk analysis, desk and onsite review, statistical sampling and other monitoring techniques and strategies. d. Experience in the delivery of compliance/program monitoring services; listing experience for each contract (or similar) solicited in the RFP e. Provide three references for organizations that you have performed similar services within the last three years, submitted on client letterhead. References should include information related to services, such as, date of service, and type of service(s) performed, and contractual outcome. f. Describe any disciplinary actions taken against your firm or staff and the status of any adverse actions. B. Information regarding program monitoring: 1. Provide your approach to monitoring services, to include: a. Establishment of engagement b. Planning of scope and timeline c. Estimated number of staff and reporting hours d. Desk review e. Document request and field confirmation f. Entrance conference g. Fieldwork h. Exit Conference i. Draft Report j. Final Report k. Follow up Report (if applicable) l. Revised Final Report (if applicable) m. Submission of risk assessment and monitoring instruments. 2. Identify any previous work performed for the WSA contractor identified; and provide your assurance of continued independence. 3. A detailed cost, by specific contract funding, based on the following: a. Estimated total staff hours and corresponding hourly rates for the following areas: i. Risk assessment, monitoring instrument, desk reviews ii. Field Work iii. Report preparation b. Reimbursable travel expenses c. Miscellaneous Report processing costs d. Other standard fee(s) (please specify type and frequency of charge) 2.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) As outlined in the FMGC 14.15, In procuring an auditor, positive efforts must be made to use small businesses, minority owned firms, and women s business enterprises. WSA will ensure that small minority owned, small businesses, disadvantaged and women owned businesses are given priority consideration. HUB s must indicate their certification number and the certifying agency on the cover sheet, and attach a copy of the notice of certification to be eligible for points awarded under this category. PART 3.0 GOVERNING PROVISIONS AND LIMITATIONS Failure to comply with any of the following provisions may cause a proposal to be disqualified and rejected from consideration. 1. The purpose of this RFP is to ensure maximum, open, free competition in the solicitation of and procurement of services. This RFP is not to be construed as a purchase agreement or contract, or as a commitment of any kind; nor does it obligate WSA to award any contract or to pay for costs incurred prior to the execution of a formal contract unless such costs are specifically authorized in writing by WSA. 10

12 2. It is the policy of WSA to encourage and support equal opportunity in the purchase of goods and services. WSA shall comply with all Equal Opportunity requirements in the procurement of all goods and services. 3. WSA reserves the right to accept or reject any or all proposals received, or to cancel or reissue this RFP in part or its entirety, 4. WSA reserves the right to award a contract for any services or groups of services solicited via the RFP in any quantity WSA determines is in its best interest. It further reserves to make no award as a result of this solicitation for any services or group of services if in WSA s best interest. 5. WSA reserves the right to correct any error(s) and/or make any changes to this solicitation as deemed necessary. WSA will provide notifications of such changes to all proposers recorded in the WSA office record (Distribution Log & Receipts Record) as having received or requested an RFP. 6. WSA reserves the right to negotiate the final terms of any contract awarded as a result of this solicitation with the proposer selected and any such terms negotiated as a result of this RFP may be renegotiated and/or amended to successfully meet the needs of the Workforce Development Area (WDA). 7. WSA reserves the right to contact any individual or entity listed in the proposal that may have knowledge of the proposer's experience, performance and qualifications. 8. WSA reserves the right to terminate or cancel this RFP and any contract action if funding is not available. 9. Proposers shall not, under penalty of law, offer or provide any gratuities, favors, or anything of monetary value to any officer, member, employee or agent of WSA for having an influencing effect toward their own proposal or any other proposal submitted hereunder. In addition, no employee, officer, or agency of WSA shall participate in the selection, award or administration of contract supported by grant funds if a conflict of interest, real or apparent, would be involved. 10. Proposers shall not engage in any activity, which will restrict or eliminate competition. Violation of this provision may cause a proposal to be rejected. This does not preclude joint ventures. 11. The contents of a successful proposal may become a contractual obligation if selected for award. Failure of the proposer to accept this obligation may result in cancellation of the award. No plea of error or mistake shall be available to successful proposer as a basis for release of proposed services at stated price/cost. 12. WSA reserves the right to request clarification of, explanation for, or verify any aspect of a response to this RFP, and to require the submission of any price, technical, or other revision to the RFP that results from negotiations conducted. 13. WSA reserves the right to award to other than the lowest proposer. 14. WSA reserves the right to award without discussion. 15. WSA reserves the right to reject any proposal that fails to conform to the essential requirements of the RFP. 16. WSA reserves the right to extend, shorten, increase or decrease any contract awarded as a result of this RFP. PART 4.0 PROPOSAL RESPONSE REQUIREMENTS Proposal will become WSA s property and will not be returned. 4.1 PROPOSAL FORMAT A. Proposals must contain all required elements in the order prescribed. B. Proposals that do not conform to this requirement will be considered non responsive and excluded from consideration under this procurement. 4.2 NUMBERS OF COPIES/INSTRUCTIONS A. Proposals must be typed and submitted on 8 1/2 x 11 inch paper, using no less than a 12 point font, with sequentially numbered pages. An incomplete proposal may result in disqualification of your proposal as being non responsive. B. Number of copies one complete original plus one electronic copy must be submitted by the deadline. All documents submitted must be legible, complete and fully assembled. 11

13 4.3 ORDER OF PROPOSAL CONTENT Proposals must follow the format below and must clearly labeled in the exact format order shown Below. Compile the proposal in the following order: Proposal Cover Sheet (first page, signed) Proposal Narrative o Information regarding firm o Program Monitoring Certification of Legal and Signatory Authority Certification Regarding Lobbying Certification Regarding Non Discrimination and Equal Opportunity Act State Franchise Tax Certification State assessment certification Certification Regarding Conflict of Interest Certification of proposer References Historically Underutilized Business (HUB) current notice of certification 4.4 COVER SHEET Each proposal must be accompanied by a complete proposal Cover Sheet. Bidders must designate a contact person responsible for all communications concerning the proposal and notification of award. Bidders must also designate a person with documented signatory authority and for contract negotiations. 4.5 PROPOSAL VALIDITY PERIOD Each proposal will remain valid for WSA s acceptance for a minimum of one ninety (90) days after the submittal deadline, to allow for evaluation, selection and Board action, if applicable. 4.6 PROPOSAL TIMELINE PROCESS (subject to changes) The following schedule is subject to change at the discretion of WSA. All times show are Central Standard Time (CST) Activity Date Issuance of RFP April 17, 2018 Deadline for Submitting Questions April 23, 2018 Due date to provide answers to responders April 26, 2018 Proposal Due Date May 8, 2018 by 3:00 p.m. PART 5.0 EVALUATION CRITERIA 5.1 PROPOSAL EVALUATION CRITERIA Proposers must achieve an overall score of at least 70 points to be considered for the award of funds. The review and evaluation of proposals shall be based upon the following criteria: A. Determination of Responsiveness all proposals received/delivered by the deadline will be reviewed for responsiveness to RFP requirements (required number of copies, format, content, order, forms, etc.). 12

14 B. Evaluation Criteria All proposals determined to be responsive will be evaluated using the criteria listed below: 1. Qualifications of Proposer 25 points Proposers will be evaluated to measure the proposer s educational and training credentials. 2. Demonstrated Performance/References 30 points Proposals will be evaluated to determine the expertise and previous performance of the responder on the requested area. 3. Quality of Approach 25 points Proposals will be evaluated to determine the proposer s past ability to deliver similar services, and the success rate attained in the services delivered. Reference will be verified. 4. Budget/Reasonableness of Cost 20 points Proposed budget will be evaluated for reasonableness of cost, clarity in Identifying and explain costs, minimization of operating costs, the overall Competitiveness of costs compared to other proposals. 5. Historically Underutilized Business (HUB) Bonus Points 5 bonus Proposals that document HUB status will be awarded five bonus points. HUBs must attach a copy of the notice of certification to be eligible for points awarded under this section. Total Points 105 Possible Points 5.2 LIABILITY INSURANCE 1. Professional Liability Insurance: The proposer shall have and maintain in effect professional liability insurance for the services provided, covering general professional liability, errors or omissions for the duration of the agreement in the amount of Five Hundred Thousand Dollars and No Cents ($500,000) per claim, One Million Dollars and No Cents ($1,000,000) aggregate, minimum coverage. The policy must provide coverage for the term of the contract or; 2. General Liability Insurance: The proposer shall have and maintain a general liability policy in the amount of One Million Dollars and No Cents ($1,000,000) per occurrence, One Million Dollars and No Cents ($1,000,000) aggregate, minimum coverage. 3. The proposer shall submit to WSA certificates of insurance, detailing coverage for the proposer and each of his/her consultants and/or contractors, for WSA s review and records, updated as required for changes in coverage, terms and/or conditions.. 13

15 Name of Proposer Responding: ATTACHMENT A COVERSHEET RFP FOR PROGRAM MONITORING Name of Firm (if applicable): Mailing Address: City/State/Zip: Telephone: Fax: address: Type of Organization: Corporation Partnership Sole Proprietorship Point of Contact: address: How many years have you or your firm been providing similar services? Is your business registered with the state General Services Commission as a HUB? If YES, please include the certificate from the State in your response. DESCRIPTION OF SERVICES PROVIDED Does your business currently have the required insurance coverages? (yes/no) If no, will your business be able to comply with the required insurances upon the award of a contract? (yes/no) SIGNATURE Name and Title of Proposer Signature of Proposer: Date Proposal Form Submitted: 14

16 ATTACHMENT B PROPOSER NARRATIVE RFP FOR PROGRAM MONITORING 15

17 ATTACHMENT C CERTIFICATION OF LEGAL AND SIGNATORY AUTHORITY REQUEST FOR PROPOSAL FOR PROGRAM MONITORING I, (typed or printed name) certify that I am the (typed or printed title) of the eligible entity named as bidder and respondent herein, and I am legally authorized to sign and submit this proposal to Workforce Solutions Alamo (WSA) on behalf of said organization by authority of its governing body. I certify that (typed or printed name) who signed the cover sheet of this proposal has the legal authority to enter into and execute a contract with WSA to provide the services and activities authorized and detailed in this proposal. I agree to submit upon request by WSA such information and documentation as may be necessary to verify the certification contained herein. I further certify that the information contained in this proposal and all attachments is true and correct. I certify that no officer, employee, board member, or authorized agent of WSA has assisted in the preparation of this proposal. I acknowledge that I have read and understand the requirement and provisions of this RFP and that this organization will comply with all applicable federal, state, and local laws, rules, regulations, polices and directives in the implementation of this proposal. I certify that I have reach and understand the governing provisions, limitations and administrative requirements of this RFP and will comply with all terms and conditions. Name of Organization (Proposer) Signature of Authorized Representative Date Typed/Printed Name and Title of Authorized Representative 16

18 ATTACHMENT D CERTIFICATONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG FREE WORKPLACE REQUIREMENTS Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Acts, Title 31 U.S. Code, for the Department of Agriculture (7 CFR part 3018), Department of Labor (20 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93). The undersigned contractor states that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. * * * * * * * * * * * Debarment, Suspension and Other Responsibility Matters: This certification is required by the Federal Regulations implementing Executive Order 12549, Government wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76). The undersigned contractor certifies that it or its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency Have not within a three year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and Have not within a three year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 17

19 * * * * * * * * * * Drug Free Workplace: This certification is required by the Federal Regulations, implementing Sections of the Drug Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR parts 85, 668 and 682) and Department of Health and Human Services (45 CFR Part 76). The undersigned contractor certifies that it shall provide a drug free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violation of such prohibition. Establishing an on going drug free awareness program to inform employees of the dangers of drugs in the workplace, the Contractor s policy of maintaining a drug free workplace, the availability of drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations occurring in the workplace. Providing each employee with a copy of the Contractor s policy statement. Notifying the employees in the Contractor s policy statement that, as a condition of employment under the grant, employees will abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace. Notifying the grantor agency, Workforce Solutions Alamo in writing, within ten (10) calendar days of the Contractor s receipt of a notice of conviction of an employee. Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or requires such employee to participate in a drug abuse assistance or rehabilitation program. These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. Name of Proposer/Organization Signature of Authorized Representative Name and Title of Authorized Representative Date 18

20 ATTACHMENT E Certification Regarding Implementation of the Non Discrimination & Equal Opportunity Provisions and the Workforce Innovation and Opportunity Act (WIOA) As a condition to the award of financial assistance from the Department of Labor (DOL) under Title I of the Workforce Innovation and Opportunity Act (WIOA), the bidder assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: Section 188 prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The bidder also assures that it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the bidder s operation of the WIOA Title I financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I financially assisted program or activity. The bidder understands that the United States has the right to seek judicial enforcement of this assurance. Applicant s signature below indicates organization is agreeing to comply fully with the assurance and certifications as part of its responsibilities as a successful contractor. Signature of Authorized Representative Date Name and Title of Authorized Representative 19

21 ATTACHMENT E TEXAS CORPORATE FRANCHISE TAX CERTIFICATION Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for- profit corporations that are delinquent in making state franchise tax payments. The following certification that the corporation making this contract is current in its franchise taxes must be signed by the individual authorized on Form 2031, Corporate Board of Directors Resolution, to sign the contract for the corporation. The undersigned certifies that the following statement is true and correct and that the undersigned understands making a false statement will prevent Workforce Solutions Alamo from contracting with the proposing organization. Indicate the certification that applies to your corporation by checking the appropriate box: The corporation is a fora profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas. The corporation is a nona profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas for the following reason(s): Not applicable. Proposer is not a corporation. Signature of Authorized Representative Name of Proposer s Organization Name and Title of Authorized Representative Date 20

22 ATTACHMENT F STATE ASSESSMENT CERTIFICATION Proposer must certify that they are current in all Unemployment Insurance taxes, Payday and Child Labor Law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas. Applicants must also certify that they have not outstanding Unemployment Insurance overpayment balances due to the State of Texas. The undersigned authorized representative of the Applicant certifies that the following statements are true and correct and that the undersigned understands that making a false statement will prevent Workforce Solutions Alamo from contracting with the organization. The corporation certifies, by checking the boxes below, that: It is current in Unemployment Insurance taxes, Payday and Child Labor Law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas. It has no outstanding Unemployment Insurance overpayment balance payable to the State of Texas. Signature of Authorized Representative Name of Proposer s Organization Name and Title of Authorized Representative Date 21