TEXAS DEPARTMENT OF TRANSPORTATION SPECIFICATION NO. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES (OJT/SS) PROGRAM PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity. 1. SCOPE: This solicitation is to provide services, in counties located in and near the cities of Dallas, Houston, and Tyler, for TxDOT s Texas Construction Career Academy (TCCA), On-the-Job Training and Supportive Services (OJT/SS) Program as defined in 23 Code of Federal Regulations (CFR), Part 230 External Programs. The purpose of the TCCA is to facilitate the development and enhancement of transportation and construction job training and apprenticeship programs, and to expand the pool of qualified women, minorities and disadvantaged workers within the highway construction industry by providing skills training that could lead to permanent journey-level careers in transportation. 2. DEFINITIONS OF TERMS AND ACRONYMS 2.1. CFR Code of Federal Regulations 2.2. DBE Disadvantaged Business Enterprise 2.3. FHWA Federal Highway Administration 2.4. NEEDS ASSESSMENT The needs assessment will be conducted by the vendor prior to submitting a response to TxDOT and shall be used to determine what services would increase participation of the total number of minorities, women and disadvantaged individuals in the federal-aid highway construction industry and identify barriers that hinder the targeted group s participation. 2.5. OJT/SS On-the-Job Training and Supportive Services 2.6. PM Project Manager 2.7. POC Point of contact 2.8. SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act 2.9. TARGETED GROUP - Minorities, women, and disadvantaged individuals. 2.10. TEA-21 - Transportation Equity Act of the 21 st Century 2.11. TCCA Texas Construction Career Academy 2.12. USC United States Code 2.13. USDOT United States Department of Transportation 3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state and local applicable laws, standards and regulations necessary to perform the services, including, but not limited to: 3.1. United States Department of Transportation Federal Highway Administration Desk Reference for OJT/SS. 3.2. 23 CFR 230 External Programs - Sections 230.113, 230.117(b), 230.117(2), 230.119, and 230.121 (e) 3.3. 23 USC 140 (b) - Nondiscrimination 1-10
3.4. SAFETEA-LU: 3.4.1. Public Law 109-59, 119 Stat. 114 (2005) Section 1920 3.4.2. The effect on TEA-21 SPECIFICATION NO. 3.4.3. Section 5204 (e) Surface Transportation Workforce Development Training and Education 3.5. Relevant Executive Orders: 3.5.1. 13216 Asian American and Pacific Islanders 3.5.2. 13230 Educational Excellence for Hispanic Americans (HIS) 3.5.3. 13256 Historically Black Colleges and Universities (HBCU) 3.5.4. 13270 Tribal Colleges and Universities (TCU) 4. BACKGROUND: The FHWA OJT Program requires State Transportation Agencies to establish apprenticeship and training programs that target under-represented segments of the United States workforce. Jobs in transportation construction, including apprenticeship positions, typically pay more than twice the minimum wage, and include health and other benefits. Transportation projects provide the impetus for job training and employment opportunities for low income individuals residing in the area in which a transportation project is planned. Transportation projects can offer young people, particularly those who are economically disadvantaged, the opportunity to gain productive employment. 5. RESPONDENT QUALIFICATIONS: The respondent shall: 5.1. Be a company or an individual engaged, or whose partners or participants or both are engaged, in the business of providing on-the-job skills training and job placement to disadvantaged workers, minorities and women in the transportation, highway, or building construction career field, or similar services, for a minimum of three years 5.2. Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent s audited or un-audited financial statement. TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007, to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include: 5.2.1. Balance sheets 5.2.2. Net working capital 5.2.3. Current asset ratio 5.2.4. Liquidity ratio 5.2.5. Auditor(s) notes 5.2.6. Any notes to the financial statements 2 10
6. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services. References shall illustrate respondent s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References). 7. RESPONDENT PERSONNEL QUALIFICATIONS: The respondent shall provide the following key personnel: 7.1. PROJECT DIRECTOR: A Project Director with three years of demonstrated previous experience in the administrative management and support of on-the-job skills training programs and job placement in the transportation, highway or building construction career field or similar services. 7.2. PROJECT ADMINISTRATOR: A Project Administrator with three years of demonstrated previous experience in the management and leadership of on-the-job skills training and job placement in the transportation, highway or building construction career field or similar services. 7.3. ADDITIONAL PERSONNEL: Additional personnel shall have three years of experience providing on-the-job training supportive services or similar services. NOTE: TxDOT reserves the right to request proof of qualifications. 8. VENDOR REQUIREMENTS: The vendor shall: 8.1. Adhere to the TxDOT Terms and Conditions identified in the solicitation. 8.2. Provide all labor, materials and equipment necessary to meet the requirements of the specified services throughout the term of the purchase order. 8.3. Provide a primary point of contact. 8.4. Provide Spanish-speaking bilingual personnel to assist with service requirements, if necessary. 8.5. PARTNERSHIPS: It is preferred, but not required that the vendor have an established partnership with non-profit organizations, state and federal agencies, community-based organizations, minority institutions of higher education and private industry. 8.6. BACKGROUND CHECK: Conduct statewide DPS, Texas and out-of-state county courthouse verification of criminal and sex offender background checks on all vendor s permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the purchase order. The background checks shall include, but not be limited to, the following: 8.6.1. Social Security Number verification 8.6.2. Statewide criminal and sex offender records for all Texas counties and out-of-state counties based on the current and previous addresses of the applicant for the last seven years 3 10
9. VENDOR PERSONNEL REQUIREMENTS SPECIFICATION NO. 9.1. The Project Director s primary responsibility shall be the day-to-day operation of the program. 9.2. The Project Administrator s primary responsibility shall be the management of the program and shall serve as a constant primary point of contact for TxDOT. 9.3. The Project Director and Project Administrator may be the same person. 9.4. All personnel shall be fluent in English with the ability to receive, give and understand written and oral instructions. 10. SERVICE REQUIREMENTS: The vendor shall: 10.1. Begin work within 14 calendar days of the award of the purchase order or on the agreed upon date between TxDOT and the vendor. 10.2. Provide access to hands-on highway construction training to increase the level of skills needed in the highway construction industry for the targeted group. 10.3. Provide access to construction tools and equipment to the program participants in order to support continued employment on federal-aid highway construction projects. 10.4. Provide assistance with, and access to, child care services to the program participants, as needed. 10.5. Provide a program proposal and training curriculum for participants in each area based on needs assessment. The proposal shall include the following, but not be limited to: 10.5.1. A list of proposed course titles and summary of content 10.5.2. The length of each course in hours 10.5.3. Goals and outcomes of each course 10.6. Provide each graduate with a Certificate of Completion and original copies of certifications and wallet cards. 10.7. Conduct a survey of program participants at the end of each session to allow participants to evaluate the usefulness of the program training and services provided. Summary and detailed evaluation survey results shall be submitted to TxDOT with the session report. 10.8. Develop a program implementation plan which lists all resources needed to operate the OJT/SS program, all planned activities and services, and the list of all objectives that will be the direct result of the activities and services provided. 10.9. Develop an evaluation and monitoring plan which tracks progress of participants in the program and demonstrates achievement of the program objectives. 10.10. Provide a detailed program schedule and work plan for all program tasks identified in paragraph 10.5. The Program Administrator shall monitor and update the program schedule and work plan, revising as appropriate, with approval from TxDOT. The plan shall include, but not be limited to, the following: 10.10.1. A clear definition of each task 10.10.2. A specific target completion date for each task 10.10.3. Provide a detailed plan of how Prime and DBE contractors will be recruited to participate in networking and hiring events with program graduates at the end of each session. 10.11. Provide monthly progress reports for program goals and objectives via email by the 15th of each month to CIV_FederalPrograms@txdot.gov. Reports and format standards will be provided by TxDOT. 4 10
11. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT. 11.1. An unsatisfactory performance determination includes, but is not limited to: 11.1.1. One instance within one year of sending late reports to TxDOT (Ref. Para. 10.7.) 11.1.2. Two instances within one year of vendor not showing progress with the target group. (Ref. Para 10.9.). NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the purchase order or both. 11.2. An exceptional performance determination includes, but is not limited to: 11.2.1. Vendor commended for exceptional customer service, exceptional service provided. 11.2.2. Provided technical assistance when not required. 12. PERSONNEL CONTINUITY AND REPLACEMENT 12.1. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the project administrator will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT. 12.2. The project administrator shall remain available for the entire term of the purchase order as long as that individual is employed by the vendor. 12.3. If TxDOT determines the project administrator, a team member or other respondent personnel is unable to perform in accordance with the service requirements or to communicate effectively; the vendor shall immediately remove that person. 12.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel. 13. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to, wearing hard hats, safety shoes, goggles, etc. 14. TRAVEL: All travel and per diem shall be pre-approved in writing by the designated TxDOT representative. No travel expenses will be approved if travel is within 35 miles of the vendor s office location. If approved, expenses will be reimbursed as follows: 14.1. Reimbursable travel expenses include: Personal vehicle mileage, commercial transportation, lodging, parking and meals. 14.2. In-state reimbursement for meals and lodging will be the listed rate on the following website for the specific location and month: https://www.gsa.gov/travel/plan-book/per-diem-rates NOTE: The Internal Revenue Service has ruled that the meal reimbursements related to non-overnight travel are taxable as additional income. Taxes shall be withheld at a rate of 25% of the reimbursement amount. The vendor shall be responsible for withholding this tax. 5 10
14.3. Out-of-state reimbursement will be at current legislated rates and comply with the current federal travel laws and rules. Guidelines are available at https://www.gsa.gov/travel/plan-book/per-diem-rates 14.4. Personal vehicle mileage reimbursement will be the listed rate on the following website for Automobile Mileage: https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php 15. CONFLICT OF INTEREST: The vendor, vendor s personnel and vendor s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor s obligations in regards to services authorized. 16. FEDERAL FUNDING: The purchase order will be supported with federal funds; therefore, the following federal laws and standards apply, including the following: 16.1. Title 42 U.S.C. 2000d-2000d-7, with the exception of sections 2000d-5 and 2000d-6, also known as Title VI of the Civil Rights Act of 1964,including any amendments 16.2. Title 49 CFR Subtitle A Office of the Secretary of Transportation, Parts 1-99, including any amendments 16.3. OMB Circular A-87 Office of Management and Budget Circular relating to Cost Principles for State, Local and Indian Tribal governments, including any amendments 16.4. OMB Circular A-102 Office of Management and Budget Circular relating to Grants and Cooperative Agreements with State and Local Governments, including any amendments 16.5. OMB Circular A-133 Office of Management and Budget Circular relating to Audits of States, Local Governments and Non-Profit Organizations, including any amendments 17. INVOICING INSTRUCTIONS: The vendor shall provide: 17.1. ORIGINAL INVOICE: A comprehensive and detailed invoice. The invoice shall clearly show the amount and reason for each expense in any given line item or section for each session. The original invoice shall be e-mailed to the address indicated on the purchase order to ensure timely payment and shall include the following: 17.1.1. Complete purchase order number 17.1.2. Vendor Federal Employer Identification Number (EIN) 17.1.3. Date of service NOTE: Invoices requiring correction shall be re-submitted with a new invoice date. 17.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include receipts for child care and transportation reimbursements and travel expenses. 18. TxDOT RESPONSIBILITIES: TxDOT will: 18.1. Provide a point of contact. 18.2. Provide approved report formats (Ref. Para 10.7.). 18.3. Process invoices and provide child care and transportation reimbursements (Ref. Para. 17.2.). 6 10
19. RESPONSE SUBMISSION SPECIFICATION NO. 19.1. GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original) and should submit one original on a flash drive, and one copy of the information listed in Para. 19.3.3. on a separate flash drive. The submission shall be in a loose leaf binder on one sided 8-1/2 X 11 inch paper and shall be tab-indexed corresponding to the sections listed below. Plastic spine-bound or wire-bound submittals, as well as the use of document protectors, are highly discouraged. Include only the information specified for each section. 19.2. ORIGINAL RESPONSE: Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. The response submission shall be submitted in the following format: 19.2.1. Section 1 Original, signed and dated Request for Proposal Document 19.2.2. Section 2 - Schedule 1 Respondent Qualifications and Experience 19.2.3. Section 3 Schedule 2 Key Personnel Qualifications and References 19.2.4. Section 4 Schedule 3 - Texas Family Code 19.2.5. Section 5 Needs Assessment: Submit a needs assessment in accordance with Chapter 2 of the FHWA Desk Reference, which addresses services needed and barriers identified for Dallas, Houston, and Tyler, Texas, as well as the surrounding cities and counties (Ref. Para. 3.1.). The needs assessment shall include: 19.2.5.1. Current and future federal-aid highway construction projects identified in the community 19.2.5.2. Federal-aid highway construction jobs identified based on the current and future jobs 19.2.5.3. Skills required for the identified jobs 19.2.5.4. Current barriers to minorities, women and disadvantaged individuals in participating on these federal-aid highway construction projects and jobs (e.g., skills training, transportation, child care, lack of open apprenticeship programs, etc.). 19.2.6. Section 6 Demonstration of Capability: Provide a detailed description of how the respondent will implement a highway construction industry training program that targets women, minorities, and disadvantaged individuals and supports increased and continued participation of the targeted group in the highway construction workforce in accordance with Chapter 2, Implementation, in the FHWA Desk Reference. (Ref. Para. 3.1.). NOTE: Attachment A Budget Worksheet shall be submitted with the Demonstration of Capability in Section 6, in accordance with the FHWA Desk Reference, Attachment E (Ref. Para 3.1.). 19.2.7. Section 7 Samples 19.2.7.1. A sample proposal and training curriculum (Ref. Para 10.5.) 19.2.7.2. Sample plans and schedules detailed in paras 10.10., 10.11. and 10.12. 19.3. The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration. 7 10
19.3.1. Section 8 Financial Standing: Statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing, current in payment of all taxes and fees (Ref. Para. 5.2.). 19.3.2. Section 9 Respondent References 19.3.3. Copy: The flash drive (marked Copy) shall include only the following tab-indexed sections: 19.3.3.1. Section 2 Respondent Qualifications and Experience 19.3.3.2. Section 3 Key Personnel Qualifications and References 19.3.3.3. Section 5 Needs Assessment 19.3.3.4. Section 6 Demonstration of Capability 19.3.3.5. Section 7 - Samples 20. RESPONSE EVALUATION: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. 20.1. STEP 1 REVIEW OF RESPONSES BY PURCHASING: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. 20.2. STEP 2 INITIAL EVALUATION: A TxDOT evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent s ability to best satisfy TxDOT requirements. Respondent s submission is evaluated and scored on a weighted system to determine the best value as follows: 20.2.1. Respondent qualifications and experience will comprise 80% of the evaluation total. 20.2.2. Pricing submitted for the solicitation requirements will be 20% of the evaluation total. 20.3. STEP 3 DISCUSSIONS: TxDOT may request that selected respondents, including respondent personnel, participate in discussions. 20.3.1. The respondent and TxDOT may discuss and clarify various requirements of the solicitation, vendor response, discuss any negotiable points, further confirm proposed personnel qualifications and determine the respondent s capability to perform the service. A TxDOT evaluation committee may evaluate and score each discussion. 20.3.1.1. The initial selection of respondents qualifying to proceed to this step will maintain the pricing weight at 20%. The initial evaluation score of the qualifications and submission information will be replaced with the discussion meeting score at 80%. 8 10
20.3.1.2. TxDOT will advise each respondent in writing of the location, date and time of the scheduled discussion meeting. A minimum of two weeks notice will be given to the respondent(s) selected for the discussion phase. Attendance at the oral presentation is mandatory. Failure to attend the oral presentation at the designated location, date and time designated by TxDOT will disqualify the response submitted by the respondent. NOTE: Attendance in person is required. However, TxDOT, at its sole discretion, may allow meetings via WebEx. 20.3.1.3. TxDOT may provide the respondent with a list of proposed respondent personnel required to attend and participate in the meeting. 20.3.1.4. Respondent and proposed respondent personnel should be prepared to address any questions that may be asked by TxDOT evaluators. 20.4. NEGOTIATIONS: Upon completion of discussions evaluation scoring, TxDOT reserves the right to enter into negotiations with one or more selected respondents. 20.5. STEP 4 BEST AND FINAL OFFER (BAFO): TxDOT reserves the right to request a BAFO from selected respondent(s). 20.5.1. The respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TxDOT will make the final determination on the best value. 20.5.2. TxDOT may award the purchase order for the service without requesting a BAFO. 21. AWARD: TxDOT reserves the right to award a purchase order to the company or companies that provide the best value to TxDOT in performance of this service. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT. 21.1. BEST VALUE: TxDOT will be the sole judge of best value. Best value criteria may include, but are not limited to: 21.1.1. Best meets the goals and objectives of the solicitation as stated in the Service Requirements 21.1.2. Best meets the quality and reliability of the proposed goods and services 21.1.3. Experience in successfully providing services in the solicitation 21.2. TYPES OF AWARDS 21.2.1. Single Award: One purchase order awarded to a single vendor 21.2.2. Multiple Awards: A multiple award is the award of multiple purchase orders for the same line item(s) from a single solicitation to two or more vendors to provide the same or similar goods or services. 22. POST AWARD MEETING: Vendor(s) may be requested to attend a post award meeting via WebEx or in Austin, Texas, with TxDOT within 14 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order. Vendor(s) and TxDOT shall identify specific goals, strategies, and activities planned for meeting particular program area objectives. 9 10
23. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT Contract Administrator and TxDOT Purchasing. TxDOT Purchasing staff will be responsible for administering the contractual business relationship with the vendor. 23.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent. 23.2. Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between the agency and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual s contract management and contract administration responsibilities include, but are not limited to: 23.2.1. Monitoring the vendor s progress and performance and ensuring services conform to established specification requirements 23.2.2. Managing the financial aspects of the contract including approval of payments 23.2.3. Meeting with the vendor as needed to review progress, discuss problems and consider necessary action 23.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance 23.2.5. Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition 10 10