consolidated funding applications 7.0 existing employee training (cfa · pdf...

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REQUEST FOR PROPOSALS Consolidated Funding Applications 7.0 Existing Employee Training (CFA - EET) Issued on May 1, 2017 New York State Department of Labor Division of Employment and Workforce Solutions Harriman Office Campus Building 12, Room 440 Albany NY, 12240 Submission Deadline: July 28, 2017 The New York State Department of Labor is an Equal Opportunity Employer. Auxiliary aids and services are available upon request to individuals with disabilities.

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REQUEST FOR PROPOSALS

Consolidated Funding Applications 7.0

Existing Employee Training (CFA - EET)

Issued on May 1, 2017

New York State Department of Labor Division of Employment and Workforce Solutions

Harriman Office Campus Building 12, Room 440

Albany NY, 12240

Submission Deadline: July 28, 2017

The New York State Department of Labor is an Equal Opportunity Employer. Auxiliary aids and services are available upon request to individuals with disabilities.

CFA 7.0 – Existing Employee Training RFP 2

Table of Contents Funding Opportunity Description ................................................................................................................ 3

A. Purpose .......................................................................................................................................................... 3 B. Background .................................................................................................................................................... 3

Award Information ...................................................................................................................................... 4 A. Funding .......................................................................................................................................................... 4 B. Use of Funds .................................................................................................................................................. 4 1. Occupational Skills Training Course(s) ........................................................................................................... 5 2. Unallowable Trainings ................................................................................................................................... 6 3. Restrictions on the Use of Funds ................................................................................................................... 6 C. Leveraged Funding ........................................................................................................................................ 7 D. Contracts ....................................................................................................................................................... 7 E. Contracting Process ....................................................................................................................................... 8 F. NYSDOL’s Responsibilities ............................................................................................................................. 8 G. Bidder Requirements ..................................................................................................................................... 8 H. Participation Requirements ........................................................................................................................... 8 1. Equal Employment Opportunity (EEO) Participation .................................................................................... 9 2. Minority and Women-Owned Business Enterprise (MWBE) Participation ................................................... 9 3. NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOBs) ......................................................... 9

Eligibility Information .................................................................................................................................. 9 A. Bidder Eligibility ............................................................................................................................................. 9 B. Trainee Eligibility ......................................................................................................................................... 10 C. Program Services ......................................................................................................................................... 11 1. O*NET Codes, Job Zones, and Skill Level of Occupations ............................................................................ 11 2. Career Pathway Awareness and Credentials ............................................................................................... 12 3. Alignment with WIOA Regional Priorities .................................................................................................... 12 4. Target Geography ........................................................................................................................................ 12 5. Regional Economic Development Councils (REDCs) .................................................................................... 12

Process for Proposal Submission ................................................................................................................ 13 A. Questions Concerning this RFP .................................................................................................................... 13 B. Assistance in Completing this RFP ............................................................................................................... 13 C. Proposal Due Date ....................................................................................................................................... 14 D. Proposal Submission Instructions and Format ............................................................................................ 14 E. RFP Timetable .............................................................................................................................................. 15

Proposal Review and Selection ................................................................................................................... 15 A. Evaluation of Proposals ............................................................................................................................... 15 B. Evaluation Criteria ....................................................................................................................................... 16 1. Minimum Threshold Requirements ............................................................................................................. 16 2. Program Design – 60 Points ......................................................................................................................... 17 3. Regional Economic Development Councils—20 points ............................................................................... 19 4. Program Cost – 20 Points ............................................................................................................................ 19 C. Method of Selection .................................................................................................................................... 22

Award Administration and Information ...................................................................................................... 23 A. Award Notices ............................................................................................................................................. 23 B. Payment ....................................................................................................................................................... 24 C. General Requirements................................................................................................................................. 24 D. Buy American Requirements ....................................................................................................................... 24 E. Federal Executive Orders ............................................................................................................................. 25 F. Reservation Clauses ..................................................................................................................................... 25

Definitions ................................................................................................................................................. 27 Attachments ...................................................................................................................................... 31

CFA 7.0 – Existing Employee Training RFP 3

Funding Opportunity Description

A. Purpose

The purpose of this Consolidated Funding Application for Existing Employee Training (CFA-EET) Request for Proposal (RFP) is to secure the services of eligible organizations that can assist the New York State Department of Labor (NYSDOL) by providing employed, existing workers seeking to enter or remain in middle-skill occupations with short-term, occupational skills training with a focus on middle-skills training. Priority will be given to services that align with significant statewide initiatives as established by Governor Cuomo’s Regional Economic Development Councils (REDCs).

Occupational skills training will assist businesses in addressing an insufficient supply of workers with particular occupational skills and credentials. This RFP intends to provide occupational skills training to existing employees who are in low and middle-skills occupations leading to job advancement and retention. Trainings that equip employees with relevant occupational skills provides a competitive advantage to businesses.

B. Background

With the passage of the Workforce Innovation and Opportunity Act (WIOA), Chapter 32 in United States Code Title 29, in 2014, the United States Department of Labor (USDOL) began the effort to transform federally funded job training programs across the country to ensure everyone can get the skills and training they need to advance to the middle class.

NYSDOL identified a number of workforce need areas as part of its WIOA 2016-2019 Combined State Plan. The complete document can be viewed in its entirety at https://labor.ny.gov/workforce/swib/swibplan.shtm.

Through the issuance of this CFA-EET RFP, NYS continues the work toward its 2019 vision of a unified workforce development system that is regionally coordinated and programmatically seamless, delivering workforce training, business services, and statewide job linkages to all New Yorkers. To accomplish this, it has set the following as one of its service delivery strategies:

• Identify and develop training programs that best align with the needs of business and bridge skill gaps of existing job seekers and low skilled workers.

Assuming current education and labor market trends continue into 2019, NYS will face a shortage of as many as 350,000 workers for jobs that require more than high school education but less than a bachelor’s degree—commonly referred to as middle-skills occupations. These occupations may include but are not limited to: electricians, dental hygienists, elevator installers and repairers, paralegals, and radiation therapists, among many other professions. The postsecondary education and/or training may include an associate’s degree, vocational certificates, significant on-the-job training, previous work experience, or some college. A large number of these jobs may potentially remain vacant because of a lack of adequately trained workers. To alleviate this potential skills-gap shortage NYSDOL is providing funding to train workers to enter or retain jobs in middle-skills occupations.

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Award Information

A. Funding

Under this CFA-EET RFP, up to $2 million in WIOA funding is being made available to provide occupational skills training courses for employed, existing workers seeking to enter or remain in middle-skills occupations from a private for-profit or not-for profit business, with two or more employees.

Please note that there is one other NYSDOL CFA RFP: Unemployed Worker Training (CFA-UWT). Eligible bidders may apply for funding under both of these programs. However, the maximum award an eligible bidder may receive is a total award of $100,000, regardless of the number of NYSDOL programs for which it applies. For example, a bidder may apply for $50,000 under each of the programs, for a total capped award of $100,000, but may not apply for $100,000 under each program.

Bidders must draft each of their CFA funding requests as stand-alone occupational skills training. The proposal must not be based in whole or in part on the assumption they will receive complementary funding from other CFA programs or agencies. The number of existing employees to be trained should be calculated based on the funding request being made of NYSDOL. There is no minimum award amount per trainee under the CFA-EET.

Proposals that request more than $100,000 will be reviewed and scored by NYSDOL. If the proposal is awardable, NYSDOL will proportionately reduce the project funding at the time of award to fit within the $100,000 maximum funding amount. Proposals unable to remain viable with the reduced funding will not proceed to contract execution. Therefore, it is highly recommended that bidders keep the cost and scope of proposals within the $100,000 award amount.

It is expected the bidder will conduct an assessment of training needs of the existing employees prior to submitting a proposal. If the bidder reduces the number of individuals to be trained at any time prior to or after an award is issued, the requested level of funding will be proportionately reduced.

All awards are subject to funding availability.

B. Use of Funds

The CFA-EET Program is intended to fund occupational skills training for existing employees of the bidder or a consortium of businesses, who are currently employed in low or middle-skills occupations, as defined in Program Services section (III.C.) and section VII of this RFP. There is no maximum cost per trainee under this RFP; bidders may request as much funding as necessary per trainee within the $100,000 maximum award amount. Training funded through the CFA-EET program is intended:

• For existing employees of a private for-profit and not-for-profit businesses or a consortium of businesses; and

• To provide occupational skills training(s) to employee(s) in low or middle skills occupations (defined as Job Zones 1, 2 or 3 as described in sections II and III of this RFP).

Funds may be used to enlist the services of a training provider to deliver occupational skills training to existing, employed workers. Fees associated with the provision of training may not be charged to the trainees served under this CFA-EET funding opportunity. Trainees cannot contribute to the cost of the training(s).

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For those bidders also applying for CFA-UWT funds in addition to CFA-EET funds, please note funds cannot be combined for use on the same trainees. Each group of trainees must remain separate and distinct and be trained solely under one NYSDOL CFA program.

1. Occupational Skills Training Course(s)

The WIOA definition of occupational skills training is located in section VII of this RFP and is further defined for this funding opportunity as instruction conducted in a classroom setting, either at an outside institution or at the worksite, designed to provide individuals with, or upgrade them in, the skills required to perform a specific job or group of jobs needed by the business. Proposals wherein the employees attend training on their own time, whether voluntarily or involuntarily, will be rejected.

Training may take place outside of NYS; however, travel and salary costs must be paid by the bidder. Training must take place during regular business hours and trainees must be compensated at no less than their normal rate of pay while attending training. Training can also be a distance learning course. The bidder must provide adequate justification for any training that takes place outside of NYS. Trainees cannot contribute to or otherwise reimburse the bidder for the cost of the training.

For training conducted by in-house staff, the bidder must have a minimum of two trainees per occupational skills training course(s). In-house training will be reimbursed based on the in-house trainer wages, excluding fringe benefits, for the time spent in providing the training.

For occupational skills training provided by outside vendors or sub-contractors, no minimum number of trainees is required and the cost will be reimbursed based on a per trainee or the overall trainer cost. However, one-on-one training is not allowable under this RFP.

Bidders not utilizing their own in-house trainers are encouraged to enter into contracts with institutions of higher education, such as community colleges, or other eligible training providers to facilitate the training of multiple individuals in high-demand occupations. Training should be provided by the training providers on the Eligible Training Providers List (ETPL), available at https://applications.labor.ny.gov/ETPL/, but this is not a requirement. In addition, NYSDOL will assist any bidder seeking to register a proposed program of training on the ETPL. For assistance, please email [email protected].

All proposed expenditures must be reasonable, necessary and clearly related to the purposes and activities of the project as described in the program design. During the contracting process, NYSDOL reserves the right to ask for justification of proposed expenditures and cost per trainee.

Under this RFP, the allowable costs include:

• Costs of occupational skills training course(s) calculated as the individual course cost divided by the number of prospective trainees in each course;

• Books or training materials directly associated with the training;

• Software required to deliver the training (distance learning fees); and/or

• Credentialing exam fees.

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2. Unallowable Trainings

CFA-EET funding will only pay for the costs listed in the Use of Funds section (II.B.) of this RFP. The following types of trainings do not constitute occupational skills training(s) for this RFP and are not allowed:

• One-on-one training;

• Sales training;

• Human Resources training;

• Basic Safety training, Sexual Harassment training, Diversity training, or Orientation training (the provision of these types of training is a normal cost of doing business);

• Stand-alone remedial training (including “soft skills”, such as communication, team development, conflict resolution);

• Training required as part of a federal, state or local government mandate (e.g. OSHA);

• Training provided to independent contractors or contracted employees;

• Stand-alone Microsoft Office applications (e.g., Word, Excel, PowerPoint, etc.) and other basic office software applications (e.g., QuickBooks, Adobe, etc.). Note: This refers to stand alone courses in individual applications; it does not refer to larger certifications such as Microsoft Office Specialist;

• English as a Second Language (ESL) training; and

• Any other trainings deemed inappropriate by NYSDOL, such as training that does not result in a transferable skill, activities determined to be business consulting rather than training (e.g. coaching, reinforcement, etc.) and any other training(s) that do not meet the intent of the RFP.

If a bidder is unsure about unallowable trainings, they should consider asking specific questions before the Questions Deadline identified in section IV.A. of this RFP and listed in the RFP Timetable (Section IV.E.).

3. Restrictions on the Use of Funds

The CFA-EET funding will only pay for the costs listed in the Use of Funds section (II.B.). It will not pay for any of the following items:

• Training of undocumented workers;

• The acquisition, construction, or renovation of buildings or other real estate;

• The purchase of any equipment or operational software not directly associated with the training; the determination of being directly associated with the training is at NYSDOL’s discretion;

• Administrative costs, direct and indirect. This RFP does not involve a sub-recipient relationship between the bidder and NYSDOL, which makes payment of indirect costs unwarranted in this situation;

• Other employee coverage while trainee attends training;

• Support services such as child care, transportation, lodging, and meals for the trainees (any supportive services provided must be funded through the local Career Center);

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• Transportation beyond 550 miles, lodging, and meal costs for relocated in-house or subcontracted trainers for the provision of the proposed program of training;

• Advertising;

• Entertainment;

• Interest costs incurred by provider agencies;

• Costs of organized fund raising;

• Conferences, seminars and/or payment of fees associated with attendance at seminars, conferences, or meetings of professional organizations;

• Start-up costs, curriculum development, and assessment costs on the part of the bidder;

• Purchase of videos; and

• Any other costs deemed inappropriate by NYSDOL and that do not meet the intent of the RFP.

C. Leveraged Funding

If costs for the proposed program of training are shared with other funding sources, the proposal must identify the leveraged resources (both cash match and in-kind resources) used to allocate costs among funding sources. Note that the cost of employee coverage, as defined in section VII, to attend training may be counted as leveraged funds. Any leveraged funding must be indicated in the CFA portal budget table described in section V.B.4 (Table 2) of this RFP.

Although leveraged funds from the bidder are not required, additional points will be awarded during the scoring process based on the percentage of leveraged funds being used.

D. Contracts

Contracts will be awarded for a period of up to one year. Bidders must include only the training opportunities that can be reasonably accomplished within a one-year time period. Under extenuating circumstances, limited no-cost contract extensions may be approved at NYSDOL’s discretion. The length of the extension is dependent on the original contract duration; however, under no circumstances may the length of the contract plus the extension exceed a total of fifteen months.

The term of the contract will be defined in the Master Contract (Attachment 15), but is expected to begin following award announcements at the REDC’s Award Ceremony, which is anticipated to occur in the fall of 2017.

Contracts will be paid on a reimbursable payment basis. A grantee must first pay for incurred expenses and then submit a voucher to NYSDOL for reimbursement. Award grantees will be required to provide reports at intervals specified by NYSDOL. Additional details on reimbursement and payment are outlined in the Payment section (VI.B.) of this RFP.

In addition, USDOL or NYSDOL may conduct an independent evaluation of the outcomes and benefits of CFA-EET funding. By accepting a CFA-EET award under this RFP, the bidder agrees to participate in any such evaluation.

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E. Contracting Process

In keeping with the Governor’s promise to reform NYS’ grant contracting process, NYS has established a standardized statewide grant contracting system called the Grants Gateway, which is designed to facilitate prompt contracting.

All bidders are required to register in this system prior to submitting a proposal in the CFA portal. All entities must log-in to the Grants Gateway website at https://grantsgateway.ny.gov and follow the instructions to complete the registration. The registration form must be signed, notarized and mailed to Gateway Administrators. Plan accordingly to avoid potential delays in applying for upcoming grant opportunities.

Not-for-profit organizations must take the additional step of prequalifying by completing a basic profile and storing organizational documents. Both registration and prequalification must be completed by not-for-profit organizations at the time the proposal is submitted. Failure to do so will mean that their proposals will not be reviewed. Not-for-profit organizations must submit their responses online. Once reviewed and approved by a state agency prequalification specialist, the not-for-profit organization will be able to apply for grants. All information is stored in a virtual, secured vault. It is the responsibility of the not-for-profit organizations to keep their information current and to prequalify once every three years.

For additional information on registration and prequalification, please log on to the Grants Gateway website at https://grantsgateway.ny.gov and/or the Grants Reform website at www.grantsreform.ny.gov. For additional technical assistance with the Grants Gateway website, please note:

• Hours of Operation: Monday through Friday, 8:00 A.M. to 8:00 P.M. Eastern Standard Time.

• Phone Number: 1-800-820-1890

• Email: [email protected]

F. NYSDOL’s Responsibilities

NYSDOL will oversee implementation of the contract(s) resulting from this RFP, including regular monitoring of implementation and performance of the contract(s).

Funding for the activities outlined in this RFP will come from funds available under WIOA and is subject to State and/or Federal legislative appropriation. NYSDOL staff will ensure accurate and timely reporting of program outcomes as well as Federal evaluation documentation as required by USDOL.

G. Bidder Requirements

By submission of a proposal in response to this solicitation, bidders agree with the Minimum Threshold Requirements section (V.B.1.) and all of the terms and conditions set forth in the attachments to this RFP.

Bidders must comply with the Combined Terms and Conditions (Attachment 13), which will be incorporated into the Master Contract (Attachment 15) of successful bidders.

H. Participation Requirements

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1. Equal Employment Opportunity (EEO) Participation

The bidder is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work"), except where the Work is for the beneficial use of the bidder, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Bidders are required to submit an Equal Employment Opportunity Staffing Plan to NYSDOL with their proposal. Please refer to Attachment 5 (Section VIII) for further information on these requirements.

2. Minority and Women-Owned Business Enterprise (MWBE) Participation

For purposes of this RFP, NYSDOL hereby establishes an overall goal of 0% for MWBE participation, 0% for NYS-certified minority-owned business enterprises (“MBE”) participation and 0% for NYS-certified women-owned business enterprises (“WBE”) participation (collectively, “MWBE Contract Goals”) based on the current availability of MBEs and WBEs.

3. NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOBs)

For purposes of this RFP, NYSDOL conducted a comprehensive search and determined that the contract(s) resulting from this funding opportunity does not offer sufficient opportunity to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to successful bidders. Nevertheless, bidders are encouraged to make good faith efforts to promote and assist in the participation of SDVOBs in the provision of services and materials. Please refer to Attachment 6 (Section VIII) for further information.

Eligibility Information

A. Bidder Eligibility

Eligible bidders for CFA-EET funding include: private for-profit businesses, including LLPs and LLCs; private not-for-profit businesses, including colleges and universities; or a lead bidder for a consortium of businesses with existing employees which:

• Needs occupational skills training course(s) in order for the employees in low and middle-skills occupations to attain or retain positions in middle-skills occupations and the occupational skills training course(s) can be can be completed in one year. For this RFP, the skill level of occupations will be determined based on Job Zones of occupations as listed in the Occupational Information Network (O*NET). For details on the skill level of occupations, see the Program Services section (III.C.) of this RFP;

• Has two or more employees or the equivalent of two full-time employees. Principals of corporations and owners of businesses such as sole proprietors or partners are not considered to be employees for this eligibility requirement. If the bidder has no employees or if the workers are independent contractors, subcontractors or contract employees, they are not eligible. However, if a bidder leases its employees for payroll and tax reporting purposes, and has authority over the hiring, firing and scheduling of workers, they would be eligible for funding consideration; and

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• Is in good standing regarding: Unemployment Insurance (UI), Worker Adjustment and Retraining Notification Act (WARN), Public Work, Labor Standards, Safety and Health, NYS Department of State Division of Corporations, Workers Compensation Insurance, and Disability Insurance.

A lead bidder for a consortium of businesses with existing employees is responsible to coordinate and compile, from across the consortium, the proposed program of training including but not limited to all occupational skills training course(s) and related activities. The lead bidder will be the fiscal and administrative authority for the proposed project and accepts the responsibility to meet all contract terms and conditions in ensuring the successful completion of the projects as contracted. Sub-entities of a bidding consortium are responsible to the lead bidder to ensure their portion of the contracted activities and must submit documentation demonstrating their commitment to the project and acceptance of roles as indicated in the proposal.

CFA funds are separate from any other workforce development funding a bidder may have received from NYSDOL. Bidders with open or pending contracts are encouraged to apply for CFA as long as the participants and staff to be funded under a proposed CFA project would differ from any existing or future NYSDOL awards.

Consultants, trade organizations and other third party entities are not eligible to apply for CFA-EET Program funds on behalf of other organizations. The use of a grant writer is acceptable if the bidder, and not the grant writer, commits to implementing the proposed program of training, if the proposal is successful. Trade organizations, such as labor unions and manufacturing associations, can apply for CFA-EET if they are training their own or a business consortium of existing employees.

Eligible bidders must attest to the minimum threshold requirements as outlined in the Evaluation Criteria section (V.B.) of this RFP.

Separate operations or locations of an eligible bidder may apply separately if they have different Federal Employer Identification Numbers (FEINs).

B. Trainee Eligibility

Existing employees of the bidder or a consortium of businesses are eligible trainees under this RFP, if they are working:

• In NYS;

• In low-skills and middle-skills occupations, defined as occupations with Job Zones one, two, or three. Individuals in high-skills occupations (e.g., Job Zones four and five) are not eligible for training under this RFP. For additional information on the classification of occupations as low-skills and middle-skills with Job Zones, see the Program Services section (III.C.) of this RFP; and

• Full-time or part-time and have a permanent, year-round attachment to the business. Temporary employees, seasonal employees, public (federal, state, county, municipal, public authority and public benefit corporation) employees and volunteers are not eligible for training under the RFP.

The position(s) targeted for training must exist and be filled at the time the proposal is submitted. Trainees do not need to be NYS residents.

Trainee eligibility is based on the typical education level of an individual in low and middle-skills occupations and not the current education attainment of the trainee.

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Trainees cannot be mandated to remain with the business for a set time period upon completion of the training. If the trainee(s) leave the business during or upon completion of the occupational skills training, they cannot be mandated to reimburse the business for the cost of the training. For additional details regarding this scenario, please refer to the Payment section (VI.B.)

C. Program Services

1. O*NET Codes, Job Zones, and Skill Level of Occupations

The Occupational Information Network (O*NET), found online at http://www.onetonline.org/, is an interactive application for exploring and searching occupations and their distinguishing key features. Bidders must utilize the O*NET to identify middle-skills positions as targeted by this funding opportunity.

O*NET provides a universal classification of more than 900 occupations with key features required by workers, such as: tasks performed, knowledge, abilities, skills, typical education, and work experience. O*NET also provides information on wages and employment prospects of each occupation. O*NET is developed under the sponsorship of the USDOL’s Employment and Training Administration (ETA). For further information regarding O*NET, please refer to section VII of this RFP.

Five Job Zones from O*NET help identify low, middle or high-skills occupations based on the levels of education and training connected to occupations. This information is summarized in Table 1. Detailed information about the Job Zones may be found at https://www.onetonline.org/help/online/zones/?_sm_au_=iVV8kWZnSq4MRMWj.

Table 1: Skill level of occupation based on Job Zones in O*Net and eligible trainees under this proposal

Skill Level of Occupation

Job Zone Based on O*NET

Preparation Needed to Work in the Occupation Eligible Trainee under this RFP

Low-skills 1 and 2 Some, little or no preparation needed (typically requires high school education or less)

Yes

Middle-skills 3 Medium preparation required (typically requires more than high school education, training in vocational schools, related on-the-job experience, or an associate's degree but less than a bachelor’s degree)

Yes

High-skills 4 and 5 Considerable to extensive preparation needed (typically requires a bachelor’s degree or more than a bachelor’s degree)

No

In the Master Training List (Attachment 1), the bidder must provide the O*NET codes of occupational titles that best match the tasks performed by trainees and the corresponding Job Zone code. Job Zone codes must be 1, 2, or 3.

Trainees in high-skills occupations are not eligible for training under this RFP and should not be referenced in a bidder’s proposal. The Master Training List should include only the list of trainees the

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bidder wants to fund with CFA-EET funding and not a list of all employees. Bidders are asked to submit the Master Training List in Excel (.xls or .xlsx) format and not in a Portable Document Format (.pdf).

The O*NET code of the employee should be based on the job duties they perform. The organizational title of the employee does not need to be the same as the O*NET title.

2. Career Pathway Awareness and Credentials

Occupational skills training may assist in the development of a career ladder or occupational pathway which improves a trainee’s skills, often providing an industry-recognized credential to the trainee, while also leading to a long-term career in higher skills occupations.

Credential is defined in section VII of this RFP.

By searching an occupation on O*NET OnLine at www.onetonline.org, bidders can find the certifications and credentials that may be industry-recognized or fit the credential definition of this RFP.

While a bidder can apply if the proposed program of training does not provide an industry-recognized credential, additional points will be awarded during the scoring process to those programs that help trainees achieve industry-recognized credential(s) given by third party issuers or accredited institutions.

3. Alignment with WIOA Regional Priorities

Bidders that align their proposed occupational skills training program with the priorities outlined in WIOA Regional Workforce Plans regarding priority industries and sector strategies will be awarded additional points in scoring. Regional Plans from 2016 may be found at https://labor.ny.gov/workforcenypartners/lwda/regional-plans.shtm. A spreadsheet of priority industries by region from the 2016 Regional Plans is attached to this RFP (Attachment 17).

4. Target Geography

The CFA-EET funding will promote availability of occupational skills training programs leading to employment of trainees in distressed communities by providing additional points during scoring to programs identified as serving counties identified in high need areas. Bidders must determine which county the proposed program of training will serve. If multiple counties will be served, bidders are asked to identify the county to which the majority of the trainees will be from. NYSDOL will make a determination if the proposed program of training is offered in locations of high, moderate, or low need counties (See the definition of High Need Area in section VII of this RFP and the list of NYS Counties of Need in Attachment 18).

5. Regional Economic Development Councils (REDCs)

The REDC initiative is a transformative approach to NYS investment and economic development. In 2011, Governor Cuomo established 10 Regional Councils to develop long-term strategic plans for economic growth in their regions. The Councils are public-private partnerships made up of local experts and stakeholders from business, academia, local government, and non-governmental organizations.

The 10 regions are based on existing Empire State Development (ESD) and NYSDOL regional boundaries, which allows for maximum efficiency and the ability to capitalize on existing programs, synergies and relationships. Each REDC considers their region’s individual strengths and builds upon existing assets

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which make them unique in order to develop regional strategies and projects that demonstrate the greatest potential for job creation and economic opportunity.

The REDC initiative uses the CFA as the primary mechanism to fund projects that align with regional and State priorities. NYSDOL and numerous other state agencies and authorities have pooled resources to be made available through the CFA. The REDCs review the NYSDOL RFPs and score up to 20 points based on the project’s alignment with the REDC priorities.

Proposed projects that are part of the following significant statewide initiatives will be looked upon favorably:

Downtown Revitalization Initiative

Priority consideration will be given to proposals which demonstrate they will advance downtown revitalization through transformative housing, economic development, transportation and community projects that will attract and retain residents, visitors and businesses - creating dynamic neighborhoods where tomorrow’s workforce will want to live, work, and raise a family.

Opportunity Agenda Related Projects

Each REDC may develop region-wide strategies, or may focus its efforts by designating one or more chronically distressed communities as an “Opportunity Area.” Projects seeking to apply CFA funds for the purpose of eliminating barriers to skilled employment by poor people in your region, as identified by the Opportunity Agenda and Strategic Plan, should provide evidence of such in their proposal.

Veterans’ Related Projects

NYS is home to more than 900,000 veterans; 72 percent of whom served in combat. In 2014, the REDCs were asked to create a Veterans Work Group to promote participation by Veterans in the CFA, and develop strategies to encourage other potential CFA bidders to include workforce goals related to Veteran’s employment. This is part of a comprehensive approach to improving services to veterans and military families in New York. Bidders should provide any information that links their project proposals to the Veteran’s Initiative strategies identified by the REDCs.

Process for Proposal Submission

A. Questions Concerning this RFP

Bidders may submit questions via electronic mail to [email protected]. Questions regarding the RFP will be accepted until 4:00 PM on July 19, 2017. No telephone inquiries will be accepted. All inquiries should include the following reference in the Subject line: “CFA-EET Question”. Answers to all questions will be posted on an ongoing basis on the NYSDOL website (https://labor.ny.gov/businessservices/funding.shtm), with the final posting taking place no later than July 21, 2017.

The NYSDOL CFA Team cannot see proposals in the CFA portal until they have successfully completed the threshold questions and are in progress. The NYSDOL CFA Team can only answer program related questions. Bidders should direct any technical questions about the CFA portal to [email protected].

B. Assistance in Completing this RFP

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Eligible bidders may speak with a NYS Career Center Business Services Representative (BSR) for technical assistance or support during the development of the proposed program of training. BSRs contact information may be found at the following link: https://www.labor.ny.gov/formsdocs/factsheets/pdfs/p469.pdf.

For questions specific to the CFA portal, please refer to the guidebooks and manuals available at https://apps.cio.ny.gov/apps/cfa/index.cfm or reach out directly to your Regional Council through the appropriate email address: Capital Region: [email protected]; Central New York: [email protected]; Finger Lakes: [email protected]; Long Island: [email protected]; Mid-Hudson: [email protected]; Mohawk Valley: [email protected]; New York City: [email protected]; North Country: [email protected]; Southern Tier: [email protected]; Western New York: [email protected].

C. Proposal Due Date

The completed proposal with all required attachments must be submitted through the CFA portal no later than 4:00 PM Eastern Standard Time on July 28, 2017. Access to the website will be cut off at that time. Any proposals or unsolicited amendments to proposals received after the due date and time will not be considered in the review process. NYSDOL takes no responsibility for any third party error in the delivery of proposals (e.g., public computer access, internet service provider, etc.).

D. Proposal Submission Instructions and Format

All fields in the proposal must be completed in the CFA portal, available online at https://apps.cio.ny.gov/apps/cfa/. The CFA portal provides a single application for state economic development resources from numerous state agencies, and institutionalized the role of the REDCs in identifying priorities for state resources. The CFA has been designed to give economic development project bidders expedited and streamlined access to a combined pool of grant funds and tax credits from dozens of existing programs. The CFA portal is a modern and easy-to-use application that allows businesses and other entities to apply for multiple agency funding sources through a single, web-based application. The CFA portal website also provides resources to help bidders including the CFA application step-by-step guide with screenshots, CFA application questions and answers, recorded webinars, and available in-person CFA workshops (https://regionalcouncils.ny.gov/ - CFA Application Guide).

Proposals must be marked as “submitted” in the CFA portal in order to be reviewed. No faxed or hard copy proposals will be accepted. If the bidder does not have the technological capability to access, complete and submit the CFA, they may do so at their nearest Career Center (please find the nearest location on the NYSDOL’s website at: https://labor.ny.gov/career-center-locator/).

Once the proposal has been submitted, there is no ability to resubmit or edit a threshold question. The bidder will need to register with a new token and start a brand new proposal, if a threshold question was answered incorrectly.

Bidders should apply for all CFA program(s) of interest via one submission. In doing so, answers to the CFA portal’s basic questions, such as contact information and project location will only be required to be entered once.

To ensure that questions specific to the program(s) to which the bidder is applying are answered, the bidder should log into the proposal in the CFA portal and click the word “Programs” located toward the

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left of the screen; just below the Application number. From this screen, the bidder can add or remove programs and their associated questions.

All threshold and program evaluation questions for CFA-EET RFP are located in Attachment 10 of this RFP. This is for reference only and all responses must be submitted in answer to the individual questions located in the CFA portal.

All required documents must be completed and uploaded as attachments in the CFA portal no later than the stated due date and time (4:00 PM Eastern Standard Time, July, 28, 2017). Please note that uploading blank, incomplete or unsigned attachments to the proposal may render the bidder ineligible for funding consideration.

Required proposal attachments and the requested submission format are listed below:

• Master Training List (Attachment 1) – Excel format;

• Application for Competitively Bid Contract (Attachment 2) – Signed and in PDF format;

• Vendor Responsibility – Bidder Questionnaire (Attachment 3) – Signed and in PDF format;

• Federal and State Certifications (Attachment 4) - Signed and in PDF format; and

• Equal Employment Opportunity Staffing Plan (Attachment 5) - Signed and in PDF format.

E. RFP Timetable • RFP Release Date – May 1, 2017

• Deadline Date for Questions – July 19, 2017

• Deadline Date for Responses to Questions – July 21, 2017

• Proposal Due Date – July 28, 2017, 4:00 PM Eastern Standard Time

• Projected Notification of Awards – Fall 2017

Proposal Review and Selection

A. Evaluation of Proposals

A complete proposal, including the budget and all attachments must be submitted so that NYSDOL can conduct a full and proper evaluation. Failure to answer all questions in the proposal will jeopardize the bidder’s potential for funding. NYSDOL will make an initial eligibility determination on each proposal received. Proposals deemed eligible will be scored based on further review and evaluation. Proposal scores will consist of 60% for program design, 20% for program cost and 20% for REDC alignment. Scoring of technical merit will award points based on a “criteria met” or “criteria not met” scale. NYSDOL reserves the right to make no awards.

Proposals must first meet all minimum eligibility requirements. Upon receipt of all required documents and confirmation of minimum eligibility requirement attainment, CFA proposals will be evaluated by members of the REDCs and NYSDOL staff. REDCs award points based on the proposal’s alignment with specific REDC priorities while NYSDOL staff score proposals based on the Program Design and Program Cost described in Evaluation Criteria section (V.B.) of this RFP.

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Program outcomes based on past performance related to retention of employees after the completion of training, their attainment of industry-recognized credentials, and potential wage increases are considered in NYSDOL’s award determination.

B. Evaluation Criteria

The Evaluation Criteria has four parts: the Minimum Threshold Requirements; the Program Design; REDC; and the Program Cost. Each is described below.

1. Minimum Threshold Requirements

Failure to attest to and document minimum threshold requirements will result in an automatic rejection of the proposal and scoring will not proceed. No points will be awarded for minimum threshold requirements. Bidders must attest to each of the following:

1) (Q_6404) It is a private for-profit business, including corporations, LLCs and LLPs; a private not-for-profit business, including colleges and universities; or a lead bidder for a consortium of businesses;

2) (Q_6400) It is in good standing regarding: UI, WARN, Public Work, Labor Standards, Safety and Health, NYS Department of State Division of Corporations, Workers Compensation Insurance, and Disability Insurance;

3) (Q_6411) It has two (2) or more employees (these employees may work part-time as long as it is a permanent, year-round position whose work performance is integral to the service or product provided by the business and who is economically dependent on the business) or the equivalent of two (2) full-time employees;

4) (Q_6426) The proposal was developed by the bidder and all language therein is presented at the request of the bidder. The use of a grant writer is acceptable, only if the bidder and not the grant writer, commits to implementing the training listed in the proposal, if the proposal is successful;

5) (Q_6436) The proposal was developed by the bidder after it conducted an assessment of its training needs of employees in low and middle-skills occupations;

6) (Q_5818) The trainees targeted under this proposal are existing employees of the business, not independent contractors or contract employees;

7) (Q_5819) Training will take place on company time and trainees will be compensated at no less than their normal rate of pay while they attend training;

8) (Q_6439) It will not charge or expect any trainee served under this proposed program of training to pay any tuition charges or other fees;

9) (Q_6449) It must register in the Grants Gateway system (https://grantsgateway.ny.gov) prior to submitting a proposal;

10) (Q_6450) It understands that all not-for-profit bidders must also prequalify in the Grants Gateway at the time and date that the proposals are due;

11) (Q_6451) Any award will be expended on program activities in NYS and that it is the intention of the business that the employees to be trained will continue to work in NYS upon completion of the training;

12) (Q_6453) None of the funds being requested under this proposal will be used in the relocation of employment from facilities in other locations which will result in an employee losing his or her job at the original location;

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13) (Q_6454) It will comply with NYS Labor law and Federal law for the protection of workers; and

14) (Q_6455) If awarded, job openings that occur during the contract period will be listed with the NYSDOL Job Bank. To place a job order, visit: https://www.labor.ny.gov/businessservices/services/perm.shtm.

2. Program Design – 60 Points

Bidder must fully answer each part of the questions listed in the CFA portal and submit applicable attachments. In the CFA portal, the bidder should review the “Scoring Tips” provided near each question.

Business/Industry Demand (22 points)

1) (Q_6550) Indicate the exact number of trainees who will be trained under this proposal. (3 points)

2) (Q_6459) In the Master Training List, Attachment 1, provide the following for the individuals proposed to be trained under the proposed program of training:

• Names of proposed trainees and their existing job titles;

• O* NET code of the occupation that the trainee will be trained. The code must match the occupational title(s) or tasks to be performed by the trainee upon the completion of training for the bidder business or a participating consortium business; for more information regarding O*NET codes, please refer to section III.C.1.;

• Job Zone code for the occupation; and

• The occupational skills training course(s) each trainee will attend. (8 points).

3) (Q_6462) Indicate the industry to which the proposed program of training will serve. (3 points)

For information regarding priority industries by region, please see section III.D.3 or Attachment 17 of the RFP.

4) (Q_6474) Provide the number of current individuals working for the bidder business or the bidding consortium that belong to middle-skills occupations defined as occupations in Job Zones 1, 2, or 3. (2 points)

5) (Q_6512) Describe how the proposed program of training will lead to advancement or retention of trainees in middle-skills occupations. Distinctly note how the proposed program of training will assist in skills upgrade and retention of the trainees and improve productivity of trainees. (6 points)

Target Population/Geography (6 points)

6) (Q_6468) Indicate the number of proposed trainees currently working in occupations with Job Zone one classification. (1 point)

7) (Q_6469) Indicate the number of proposed trainees currently working in occupations with Job Zone two classification. (2 points)

8) (Q_6470) Indicate the number of proposed trainees currently working in occupations with Job Zone three classification. (2 points)

9) (Q_6471) Indicate a single project county to which the majority of the proposed program of training will serve. For information regarding target geography, refer to section III.C.3 of this RFP. (low and moderate need county = 0 point; high need county= 1 point)

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Occupational Skills Training Course(s)/Career Pathway Awareness (16 points)

10) (Q_6478) Provide titles and full descriptions of every occupational skills training course in the proposed program of training, including:

• A brief summary of the curriculum including the duration of the course and materials/supplies that will be used by the trainees and a timeline for implementation (5 points); and

• A detailed description of occupational skills to be acquired for each occupational skills training course, including how the newly gained skills will be assessed, and how these skills will help the trainee attain or retain a middle-skills occupation (6 points).

For the definition of the occupational skills training course and the exclusion of unallowable stand-alone trainings, see the Program Services section (III.C.) of this RFP.

11) (Q_6551) Describe how the occupational skills to be acquired by the trainees are transferable (e.g., are recognized industry-wide or used across multiple industries). If the skills are used across multiple industries, list those industries. (2 points)

12) (Q_6477) Provide the name, description(s), and the authority or third party issuer of specific industry-recognized credential the trainees will receive at the conclusion of the training. For the definition of industry-recognized credential see the Program Services section (III.C.2.) and section VII of this RFP. (3 points)

Outcomes/Past or Planned (5 points)

13) (Q_6481) Has the bidder provided a similar occupational skills training program in the past?

If yes:

(Q_6482) Provide the percentage of completers from prior bidder-sponsored occupational training course(s) that attained an industry-recognized credential. For a definition of industry-recognized credential see the Program Services section (III.C.2.) and section VII of this RFP. (Percentages of 0% to 20% = 0 points; 20.01% to 50% = 1 point; 50.01% to 100% = 2 points)

(Q_6483) Provide the percentage of completers from prior bidder-sponsored occupational training course(s) that were retained in employment for at least a year. (Percentages of 0% to 20% = 0 points; 20.01% to 50% = 1 point; 50.01% to 100% = 2 points)

14) (Q_6484) Provide the average hourly wage the majority (51% or more) of trainees will receive upon completion of the occupational skills training course(s). (Minimum wage to $14.99 = 0 points; $15.00 and up = 1 point)

Leveraged Funding (6 points)

15) In the CFA portal budget table, identify the use, source and dollar amounts of leveraged funding (if any). No narrative is required for this question and NYSDOL will make the calculations for leveraged funds based on the CFA portal budget table provided by the bidder. For more information about leveraged funding, please refer to section II.C. in this RFP. (Leveraged funding percentages of 0% to 25% = 0 points; 25.01% to 50% = 2 points; 50.01% to 75% = 4 points; 75.01% and up = 6 points)

Organizational Capacity/Experience (5 points)

16) (Q_6496) Identify the number of full time equivalent (FTE) workers currently employed by the bidding business (0 points)

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17) (Q_6498) How many years has the bidder offered similar occupational skills training and/or service (1 year, 2 years or 3 or more years)? (No experience = 0 points; 1-2 years = 1 point; 3 or more years = 2 points)

18) (Q_6499) What is the bidder’s annual revenue? (0 points)

19) (Q_6500) What is the bidder’s annual revenue in relation to the total CFA funding request? (40.01% or more of total organizational revenue = 0 points; 10.01% to 40% of total organizational revenue = 1 point; Less than or equal to 10% of total organizational revenue = 2 points)

20) (Q_6501) Does the bidder’s proposed program of training result in a nationally accredited credential; and

a. If yes, (Q_6502) Provide the name of the accreditation entity? (1 point)

3. Regional Economic Development Councils—20 points

Bidders must fully answer each question listed in the REDC section (III.C.4) of the RFP. The REDC will review each proposal that meets the minimum requirements to determine if it aligns with priorities set for the region. Programs or proposals that have alignment with REDC priorities get points based on the degree of alignment:

• Completely aligned = 20 points;

• Significantly aligned = 15 points;

• Somewhat aligned = 10 points;

• Minimally aligned = 5 points; and

• Not aligned = 0 points.

Bidders are encouraged to review their REDC strategic plans to determine the feasibility of aligning project(s) with the REDC’s vision for the region. Copies of the strategic plans can be can be viewed by visiting https://regionalcouncils.ny.gov/, and clicking the “Regional Councils” button.

Most REDCs also have processes to collect project ideas from the community. Bidders may choose to work with REDCs to develop projects in alignment with the regional priorities determined by the REDC.

4. Program Cost – 20 Points

A bidder may receive up to 20 points for the program cost. All allowable costs requested from CFA and leveraged funds must be entered in the CFA portal budget table as described below. For a list of restricted use of funds, please see Restrictions on the Use of Funds section (II.B.3.) of this RFP.

CFA Portal Budget Table

The CFA budget portal has four columns, as shown in Table 2:

1) In the “Use” column, provide the use for each cost of the program by selecting from the following drop down options, applicable to the bidder’s specific proposed program of training:

• Cost of course(s) (bidders are able to enter up to 5 courses);

• Total costs of books and training materials for all offered courses;

• Credential exam fees for all offered courses; and

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• Software to deliver training(s) for all offered courses;

2) In the “Source” column, indicate whether the cost is requested from CFA or are leveraged funds;

3) In the “Amount” column, provide the amount, in dollars, for each item from the “Use” column; and

4) Utilize the “Indicate Source/Comments” column to provide details such as the funding source for any leveraged funds, course cost per trainee, name of the course, books and materials used, and credentialing exam information, if applicable.

Table 2: CFA Portal Budget Table Use∇ (Drop down)

Source∇∇ (Drop down)

Amount Indicate Source/Comments

More rows can be added to the table by clicking “Add Rows.”

The rows in the CFA budget table allow the bidder to enter the applicable use and source of the cost by using the drop down options as shown in Table 3. More rows can be added to the table by clicking “Add Rows.” Use the instructions provided below and the “Scoring Tips” link provided in the portal for assistance in completing the CFA portal budget table.

Table 3: Drop Down Options for the “Use” and “Source” Columns in the CFA Portal Budget Table ∇ (Use Column Drop Down Options) ∇∇ (Source Column Drop Down Options)

CFA Course 1 CFA Course 2 CFA Course 3 CFA Course 4 CFA Course 5 (up to 10 courses) Books and Training Materials Credentialing Exam Fees Software to Deliver Training(s)

CFA (Federal) Leveraged

The bidder must note if the specific cost is requested from the CFA or is a leveraged cost. Although not required, additional points are given during the scoring process for leveraged funds as outlined in the Evaluation Criteria section (V. B.2.) of this RFP.

Table 4 is an example of a completed budget table for a proposal that plans to offer two occupational skills training courses under this RFP. Under this example, for proposed CFA Course 1, the bidder requests $20,000 from the CFA and the remaining $15,000 cost of the course will be leveraged from other funding source(s). For CFA course 2, the bidder requests $16,000 and plans to add $5,000 as leveraged funding. In addition, the total cost of books and training materials, and credentialing exams for both courses are as listed in Table 4. The bidder in this example will have two rows each for each CFA course; one row for the CFA funding request and one for the leveraged funding amount for each course as shown in Table 4.

Table 4: Example of a Completed CFA Budget Portal Table Use∇ Source∇∇ Amount Indicate Source/Comments

CFA Course 1 CFA(Federal) $20,000 Name of course 1: IT Networking

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CFA Course 1 Leveraged $15,000 Name of course 1: IT Networking, Private donations

CFA Course 2 CFA(Federal) $16,000 Name of course 2: Project Management

CFA Course 2 Leveraged $5, 000 Name of course 2: Project Management, Business Funds

Books/ Training materials CFA (Federal) $3,300 Textbook on Networking and broken computers for trainees to repair during training course

Credentialing exam fees CFA(Federal) $2,500 CompTIA Network + certification for Course 1; Certified Associate Project Management for Course 2

Calculating itemized costs for the CFA portal budget table:

1) Within the “Use” column, the bidder must select the specific course (or example, “CFA Course 1”) in two separate rows to provide the portion of the cost of Course 1 it intends to request from this CFA and the portion of the cost that will be leveraged. Repeat the process for each additional training course(s). In the “Source” column, select one drop down for CFA Course 1 as “CFA (Federal)” and the other as “Leveraged.” The bidder must also enter the specific cost in dollars in the respective two rows as shown in the Table 4 example. Please note that bidders are not required to provide leveraged funding under this RFP but additional points will be awarded to proposals that include leveraged funding. For details regarding leveraged funding, please refer to the Leveraged section (II.C.) as well as the definition of leveraged funding in section VII.

2) Once the costs are entered for all courses in the program, enter the total of any other allowable costs as outlined in Use of Funds (Section II.B.) of this RFP. This may include separate itemized costs for books and materials, credentialing exam fees and software to deliver training for all courses. Similar to the listing of the costs of the course(s), the bidder must enter the amount(s) requested from the CFA and any leveraged funds in separate rows. Please note that bidders are not required to provide leveraged funding under this RFP but additional points will be awarded to proposals that include leveraged funding. For details regarding leveraged funding, please refer to the Leveraged section (II.C.) as well as the definition of leveraged funding in section VII.

3) In the “Indicate Source/Comment” column, describe the details of each item listed in the “Use” column. For course detail, include the name of the course, the source of any leveraged funding and the per trainee cost. For books/training materials provided the specific materials to be used and for the credentialing exam fees, provide the name of the credentialing exam(s) and the course to which the exam is associated. An example is provided above in Table 4.

A complete and correct CFA portal budget table will help bidders obtain the most accurate cost score as described in the next section of this RFP.

Cost Score

For scoring purposes, the proposals will be subdivided according to the skill level (low and medium) of the occupations of trainees. Skill levels will be determined for each occupational title targeted for training based on the Job Zone rank (one through three) assigned to it by O*NET Codes (Section III.C.1.). The Job Zone takes into account the education, related experience, and job training required for the job title. Proposals will be scored for program cost separately for each skill level.

The cost per trainee of each proposal will be calculated by dividing the total program cost requested from the CFA (not including any leveraged funding) by the total number of anticipated trainees in the program. One program may have multiple occupational skills courses with individual tuition rates and

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number of trainees. Bidders must fully complete the budget table in the CFA portal so an accurate cost per trainee for the program can be calculated by NYSDOL.

Once a cost per trainee is calculated for each proposal, cost scores will be calculated as follows, depending on the number of proposals received within each skill level group:

• The cost score for a skill level group with less than 10 proposals will be calculated using the following formula:

Cost score = (1 – cost per trainee difference/highest cost per trainee within the applicable skill level group) x 20.

Where, cost per trainee difference is cost per trainee of proposal being scored minus lowest cost per trainee within the applicable skill level group.

• The cost score for a skill level group with 10 or more proposals will be calculated using a statistical normalization method that limits the negative effect on proposals in a comparison pool containing either an extremely low or extremely high cost per trainee proposal. The normalization method is as follows:

1) The average cost per trainee of the group and standard deviation (i.e., the distribution of cost per trainee of each proposal in the group from the average) of costs per trainee for all proposals in a skill level group will be calculated;

2) NYSDOL will subtract the average from the cost per trainee of each proposal and divide the result by the standard deviation. The result is referred to as the proposal’s “z-score,” which is the distance (in terms of standard deviations) above or below the average for the skill level group calculated for each proposal;

3) Once a z-score is calculated for each proposal within the applicable skill level group, cost scores for the group will be scaled proportionately on a range from 1 – 20 points based on how their z-score compares to those of the entire group. The proposal with the lowest z-score (e.g., with the cost per trainee furthest below the average) would receive the maximum points for cost, and the proposal with the highest z-score (e.g., with the cost per trainee furthest above the average) would receive the minimum points for cost; and

4) After calculating z-scores for each proposal in the applicable skill level group, NYSDOL reserves the right to remove proposals that have an abnormally low or high cost per trainee (e.g., cost outliers) from the normalization scaling process. Cost outlier proposals removed from normalization will automatically receive the maximum (if their cost was abnormally below the mean) or minimum (if their cost was abnormally above the mean) points for cost.

During the cost review process, NYSDOL will not remove any disallowed costs included in the proposal. However, during the award process and contract negotiations, if it is determined unallowable costs were included in the proposal, those costs will not be included in the contract.

C. Method of Selection

Proposals must first meet all minimum eligibility requirements outlined in the Minimum Threshold Requirements section (V.B.1.) of this RFP.

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REDCs will review proposals, taking into account the degree to which each proposal from their respective region helps implement their strategic plan and aligns with regional priorities.

NYSDOL staff will provide the cost score as described in the Cost Score section (V.B.4.) of this RFP and the program design score. The program design score is based on the answers to required proposal questions regarding workforce demand, strategies and implementation, and outcomes as detailed in the Program Design section (V.B.2.) of this RFP. A complete response to each question is crucial to ensure full points are awarded. Bidders are advised to use the “scoring tips” provided next to each question in the CFA portal.

The method of selection is based on a point system with the program design portion of NYSDOL’s rating criteria at 60% of the total score and program cost at 20% of the total score. The REDC also awards a maximum of 20 points, accounting for the remaining 20% of the total score. Proposals are awarded in rank order beginning with the proposal(s) with the highest total points until the funds allocated to the program are exhausted.

If a proposal achieves a score that would be awarded, but the costs are not reasonable to NYSDOL and/or the skills are not transferable, NYSDOL reserves the right to reject the proposal.

In the case of tied scores, preference will be given to proposals with the highest program design evaluation score. If the program design evaluation scores are also tied, the award will be decided by NYSDOL’s Deputy Commissioner for Workforce Development.

NYSDOL may award a contract for any or all parts of a proposal and may negotiate contract terms and conditions to meet agency program requirements consistent with the RFP.

Any unallowable costs will be costs not permitted under the requirements of this RFP.

It is important to note that:

• Ineligible bidders will be disqualified before completing a review;

• Incomplete proposals will be disqualified;

• All bidders that are determined not to be responsive or responsible will be disqualified after completing a review;

• Proposals that fail to meet requirements will be disqualified; and

• NYSDOL reviews will result in a final score.

All bidders will receive a letter informing them of the decision on their proposal and successful bidders will be contacted by NYSDOL’s contract development staff.

Award Administration and Information

A. Award Notices

CFA-EET RFP awards will be announced at the REDC Award Ceremony anticipated to be held in the fall of 2017. After the ceremony, a REDC Awards Project List will be posted on the REDC website (www.regionalcouncils.ny.gov) by region. In addition, bidders will be notified by mail of the decision by NYSDOL on their proposal. If awarded, the bidder will also be notified of the maximum amount they have been awarded.

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Bidders who receive an award must be prepared to enter into contract negotiations immediately, and begin trainings no later than six months from the date of the award letter. NYSDOL reserves the right to rescind the award of any bidder that is unable or unwilling to promptly engage in the contracting process or to begin conducting their trainings within six months of the date of the award letter.

B. Payment

Once a contract has been developed and formally executed, funds will be released on a cost reimbursement basis. A grantee must first pay for incurred expenses and then submit a voucher to NYSDOL for reimbursement. Vouchers must be submitted to NYSDOL on the prescribed forms before payment is made. For cost reimbursements to be approved, certain records must be kept and specific documents submitted. Successful bidder must provide documentation that the service was provided. This will include attendance records for each training session to document attendance and/or certificates of completion showing the participant completed all required elements of the training. Attendance sheets must include the Name of the Trainee, Signature of the Trainee, Signature of the Trainer, and Date and Hours of Training.

Expenditure reimbursement is based on individual participant attendance at occupational skills trainings. If the trainees attend up to and including 50% of the course, the reimbursement will be at the level of attendance achieved (e.g., individual trainee attends 30% of the course sessions, the reimbursement will be 30% of the training cost). For trainee attendance of 51% and above, the reimbursement will be for 100% of the training cost.

Please be advised that trainings may not begin until after an award is made. This includes the completion of proposal reviews, due diligence being confirmed, awardees determined and award letters being issued. The earliest start date for any contract resulting from this RFP is the date of the award letter. Any training that begins and/or is paid for prior to the date of the award letter will fall outside the contract period and be ineligible for reimbursement.

Electronic Payments – Payment for invoices submitted by the successful bidders shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The successful bidder shall comply with the NYS Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the NYS Comptrollers website at www.osc.state.ny.us/epay/index.htm, by email at [email protected], or by telephone at 855-233-8363. The successful bidder acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the NYS Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

C. General Requirements

All proposals and accompanying documentation will become the property of NYS and will not be returned. The content of each bidder's proposal will be held in strict confidence during the evaluation process, and no details of the proposal will be discussed outside of the evaluation process. The successful bidder's proposal and portions of the RFP deemed applicable by NYSDOL will be made part of the contract. Therefore, an official authorized to commit the company to a contract must sign the proposal.

D. Buy American Requirements

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Bidders should be aware of the requirements of WIOA, section 502 which provides that none of the funds made available under Title I or II of WIOA or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. sections 8301 through 8303). It is the sense of Congress that entities receiving assistance should, in expending the assistance, purchase only American-made equipment and products. See WIOA, section 502 – Buy American Requirements set included in WIOA References (Attachment 14) to this RFP.

E. Federal Executive Orders

Please note that the Federal WIOA funds supporting this initiative are subject to the following federal Executive Orders:

• Executive Order 13333 –This contract may be terminated without penalty, if the successful bidder or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreement.” (22 U.S.C. § 7104(g))

• Executive Order 13513 – Sec. 4. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Sub-recipients. Successful bidders, subcontractors, and recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving a vehicle when performing official Government business or work on behalf of the Government, and to conduct initiatives of the type described in section 3(a) of the Executive Order.

• Executive Order 12928 – the recipients are strongly encouraged to provide contracting/subcontracting opportunities to Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities; and to Small Business Owned and Controlled by Socially and Economically Disadvantaged Individuals.

• Executive Order 13043 – recipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

• Executive Order 13166 – recipients must take reasonable steps to ensure that LEP persons have meaningful access to programs in accordance with USDOL’s Policy Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with Limited English Proficiency Volume 68, Number 103, Page 32289-32305. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary.

F. Reservation Clauses

NYSDOL, in order to serve the best interests of NYS, reserves the right to:

1) Postpone or cancel this RFP upon notification to all bidders;

2) Amend the specifications after their release with appropriate notice to all bidders;

3) Move funding allocated among the programs if one or more of the programs have a shortage (or surplus) of: bidders, quality proposals, and/or funding requests;

4) Remove applications with unreasonable costs from award consideration;

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5) Request bidders to present supplemental information clarifying their proposal, either in writing or in formal presentation. Bidders failing to respond to these requests during the time allotted may be eliminated from funding consideration;

6) Waive or modify minor irregularities in proposals received after prior notification to the bidder;

7) Correct any arithmetic errors in any proposal;

8) Reject any and all proposals received in response to this RFP;

9) Contact bidders’ references as a check on qualifications;

10) Award contracts to more than one bidder;

11) Negotiate with selected bidder prior to contract award;

12) Rescind the award of any grantee unable or unwilling to begin conducting their training activities immediately following contract execution. No bidder will have any rights against NYSDOL arising from such negotiations;

13) Make any payment contingent upon the submission of specific deliverables; and

14) Require that all offers are held open for a period of 120 days unless otherwise expressly provided for in writing.

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Definitions 1) Business Services Representatives: Staff across NYS dedicated to assist businesses with their workforce needs

including the NYS Job Bank and NYTalent, tax credits and other hiring incentives, apprenticeship programs, HR consultation, and layoff aversion. To contact a Business Services Representative, please find their contact information at https://labor.ny.gov/formsdocs/factsheets/pdfs/p469.pdf.

2) Career Center System Mandated Partners (AKA Career Center’s One-Stop Partners): NYS’ Career Center System is funded by the WIOA, and is made up of 33 LWDBs that oversee their respective Local Workforce Development Areas (LWDAs) and 96 Career Centers. The System includes:

Core Program Partners:

• NYS Department of Labor-Responsible for delivering services under WIOA Titles I (Adult, Dislocated Workers, and Youth) and III (Wagner-Peyser);

• NYS Education Department-Responsible for delivering services under WIOA Titles II (Adult Education and Literacy) and IV (Vocational Rehabilitation);

• NYS Office of Children and Family Services- Responsible for delivering services under WIOA Title IV (Vocational Rehabilitation); and

• NYS Commission for the Blind-Responsible for delivering services under WIOA Title IV (Vocational Rehabilitation)

Other One-Stop Partners:

• Temporary Assistance for Needy Families (TANF);

• Career, Technical Education;

• Title V Older Americans Act;

• Job Corps;

• Native American Programs;

• National Farmworkers Job Programs/Migrant and Seasonal Farmworker Programs;

• Jobs for Veterans State Grants (Chapter 4 of Title 38);

• YouthBuild;

• Trade Adjustment Assistance activities under the Trade Act of 1974, as amended;

• Community Service Block Grant Employment and Training activities;

• Housing and Urban Development Employment and Training activities;

• Unemployment Compensation; and

• Second Chance Act Reentry Employment Opportunity (REO) programs.

The Career Center System may also include strategic partners from education, economic development, and industry.

3) Credential: An attestation of qualification or competence issued to an individual by a third party (such as an educational institution or an industry or occupational certifying organization) with the relevant authority or assumed competence to issue such a credential. It does not refer to a certificate of completion for a course. Examples of credentials include:

• Educational certificates (typically for one academic year or less of study);

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• Educational degrees, such as an Associates (2 year) or Bachelors (4 year) degree;

• Occupational licenses (typically, but not always, awarded by state government agencies); and

• Industry-recognized or professional association certifications.

4) Customized Training (WIOA Sec. 3 (14)): Training:

a. That is designed to meet the specific requirements of a business (including a group of businesses);

b. That is conducted with a commitment by the business to employ an individual upon successful completion of the training; and

c. For which the business pays:

i. A significant portion of the cost of training, as determined by the local board involved, taking into account the size of the business and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to competitiveness of a participant, and other business-provided training and advancement opportunities; and

ii. In the case of customized training involving a business located in multiple local areas in NYS, a significant portion of the cost of training, as determined by the Governor of NYS, taking into account the size of the business and such other factors as the Governor determines to be appropriate.

5) Distance Learning: A method of classroom instruction wherein the trainee receives lessons remotely such as over the internet, via email or by mail.

6) Employee Coverage: Includes labor costs necessary to ensure the performance of the trainee’s current job responsibilities during the time that the trainee is away at training and unavailable to perform the duties required of their current position.

7) Full-Time Employment: 35 hours per week or more.

8) High Need Area: NYSDOL assigns each county of NYS into high, moderate, or low need based on indicators such as population, adult poverty rates, adult unemployment rates, adult literacy rates and the level of education attainment. See Attachment 16 for the NYS Counties of Need listing for CFA 7.0.

9) Human Resources (HR) Training: Trainings needed or required to be provided to employees to better understand the workplace to improve the work environment and are not specific to the job or occupation of the employees. The provision of these HR trainings is a normal cost of doing business and is the responsibility of the business. Examples include, but are not limited to, basic trainings about: sexual harassment, diversity, new employee orientation, accessing reasonable accommodation, cyber security, internal controls, internet security, workplace violence, human relations and sensitivity at the work place, fire safety and evacuations, and workplace hazards that do not typically provide specific occupational skills.

10) Individual with a Barrier to Employment (WIOA Sec. 3 (24)): A member of one or more of the following populations:

• Displaced homemakers;

• Low-income individuals;

• Indians, Alaska Native, and Native Hawaiians as such terms are defined in 29 USCS § 3221;

• Individuals with disabilities (including youth with disabilities and recovering addicts);

• Older individuals;

• Ex-offenders;

• Homeless individuals or homeless children and youth;

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• Youth who are in or have aged out of the foster care system;

• Individuals who are English Language Learners, have low levels of literacy, and/or those facing substantial cultural barriers;

• Eligible migrant and seasonal farmworkers;

• Single parents (including single pregnant women);

• Long-term unemployed individuals;

• Individuals with two years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act; or

• Other groups as the Governor determines to have barriers to employment;

For purposes of the CFA, Veterans and Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP) recipients are also considered individuals with a barrier to employment.

11) Leveraged Funding: A financial commitment (cash or in-kind) used by the bidder toward the costs of a project available from source(s) other than the granting organization or the CFA 7.0 application process. Leveraging can be achieved by a commitment from the grantee or through various partnerships.

12) Local Workforce Development Boards (LWDBs): A board, established in each local area of NYS and certified by the Governor, made up of members from business; workforce; entities administering education and training activities; representatives of governmental, economic, and community development entities; and other individuals or representatives the chief elected official in the local area deems appropriate, tasked with creating a local plan, analyzing local labor market information and workforce development activities, engaging local business to develop linkages, developing career pathways, establishing best practices, and ensuring the appropriate use and management of funds in the local area.

13) Low-Skill Occupations: Occupations typically requiring some, little or no preparation to work in the occupation and may require a high school diploma or GED certificate. Employees in these occupations need anywhere from a few days to a few months of training and usually, an experienced worker could show you how to do the job. Low-skill occupations generally fall under food/beverage serving, sales/related occupations, agricultural, construction/extraction, production, and transportation/material moving occupational categories.

14) Long-Term Unemployed: Individuals, who at the time the appropriate training begins, have been unemployed for 20 weeks or more.

15) Middle-Skill Occupations: Occupations typically requiring some education and training beyond high school but less than a bachelor’s degree. The postsecondary education and/or training may include an associate’s degree, vocational certificates, significant on-the-job training, previous work experience, or some college. Middle-skill occupations are generally those that fall under the clerical, sales, construction, installation/repair, production, healthcare and transportation/material moving occupational categories.

16) One-on-One Training: A training provided in-house that consists of only one trainee and one trainer.

17) Occupational Skills Training: WIOA section 3 and 20 CFR Part 681.540 defines occupational skills training as an organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advanced levels. Occupational skills training programs lead to recognized postsecondary credentials that align with in-demand industry sectors or occupations in the local area. Such training must: (1) Be outcome-oriented and focused on an occupational goal specified in the individual service strategy; (2) Be of sufficient duration to impart the skills needed to meet the occupational goal; and (3) Result in attainment of a recognized postsecondary credential.

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18) O*NET: The nation’s primary source of occupational information, made up of a database with information on hundreds of standardized and occupation-specific descriptors, and O*NET Online, an interactive application for exploring and searching occupations. For more information, please visit the website at https://www.onetonline.org/.

19) Regional Economic Development Councils (REDCs): Established by Governor Cuomo in 2011, the councils are tasked with developing long-term strategic plans for economic growth in each region and are public-private partnerships made up of local experts and stakeholders from business, academia, local government, and non-governmental organizations. For more information, please visit the website at http://regionalcouncils.ny.gov/.

20) Stand Alone Ineligible Training: Training is considered “stand alone” when it is not part of a larger occupational skills training. This type of training is not allowable under the CFA. Examples of stand-alone training include:

• Microsoft Office;

• Basic safety training;

• Sexual harassment training;

• State or Federally mandated training (OSHA); or

• HR training

21) Supportive Services (WIOA Sec. 3 (59)): Services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under WIOA. Under the CFA, these services may also include miscellaneous trainee expenses and/or incentives for meeting certain benchmarks during the course of the occupational skills training.

22) Training Provider: An entity that provides a program of training services with one or more courses or classes, or a structured regimen that leads to a recognized post-secondary credential, secondary school diploma or its equivalent, employment, or measureable skill gains toward such a credential or employment.

23) Workforce Innovation and Opportunity Act (WIOA): WIOA was signed into law in July 2014, taking effect in July 2015, and replaced the Workforce Investment Act (WIA). WIOA is intended to help job seekers and workers access employment, education, training, and support services to succeed in the labor market, and match businesses with the skilled workers they need to compete in the global economy. For more information, please visit the website at https://www.doleta.gov/WIOA/eta_default.cfm.

24) WIOA Regional Workforce Plans: Regional workforce plans are created by each LWDB, recognizing workforce as an integral part of economic development. Plans are intended to identify and leverage assets of the Career Center System, as well as support the REDC strategic planning and the role of NYS Workforce Investment Board (SWIB) in addressing workforce priorities. For more information, please visit the website at https://www.labor.ny.gov/workforcenypartners/lwda/regional-plans.shtm.

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Attachments

Attachment Number Document Title Required for submission?

1. Master Training List (Q_6459) Yes 2. Application for Competitively Bid Contract (Q_6522) Yes, with signatures 3. Vendor Responsibility – Bidder Questionnaire (Q_6524) Yes, with signatures 4. Federal and State Certifications (Q_6523) Yes, with signatures 5. Equal Employment Opportunity Staffing Plan and General Instructions

(Q_6521) Yes, with signatures

6. Service-Disabled Veteran-Owned Businesses (SDVOB) - No Goals (Q_6529) No

7. Standard Clauses for all NYS Contracts (Q_6516) No 8. Threshold and Program Evaluation Questions (Q_6531) No 9. O*NET and Job Zone Information (Q_6518) No

10. Grants Gateway Prequalification Requirement (Q_6527) No

11. WIOA Partner Contact Information (Q_6530) No

12. WIOA References (Q_6526) No

13. Combined Terms and Conditions (Q_6520) No

14. General Information for Successful Bidders (Q_6519) No 15. Master Contract (Q_6525) No 16. CFA 7.0 - NYS Counties of Need (Q_6532) No 17. Priority Industries by Region No

The two NYSDOL CFA RFP programs for CFA Round 7 are: Existing Employee Training Program (EET); and Unemployed Worker Training Program (UWT).

Note: This workforce product was funded by a grant awarded by USDOL’s ETA. The product was created by the grantee and does not necessarily reflect the official position of the USDOL. NYSDOL makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership.