southwestern area workforce development board request for proposal - 2013.pdf · southwestern area...

SOUTHWESTERN AREA WORKFORCE DEVELOPMENT BOARD

REQUEST FOR PROPOSALS

WORKFORCE INVESTMENT ACT YOUTH SERVICES

ISSUED: APRIL 23, 2013

Southwestern Area Workforce Development Board Youth RFP • Issue Date April 23, 2013

TABLE OF CONTENTS

GENERAL INFORMATION .................................................................................................................. 3

PROPOSAL FORMAT ......................................................................................................................... 5

PROGRAM GUIDELINES .................................................................................................................... 7

PERFORMANCE STANDARDS ............................................................................................................ 9

PROGRAM NARRATIVE ................................................................................................................... 10

Subpart A - Major Employment and Training Program Activities Narrative ........................................ 11

Subpart B - Management and Administrative Narrative ........................................................................ 13

Subpart C - Financial Control and Management Narrative .................................................................... 14

Subpart D - Property Control and Management Narrative ..................................................................... 15

Subpart E - System for Payment of Participant Services........................................................................ 16

PREVIOUS PROGRAM AND ORGANIZATIONAL PERFORMANCE ........................................................ 17

NUMBER OF SERVICE AREAS ......................................................................................................... 17

BUDGET REVIEW ........................................................................................................................... 17

PERFORMANCE PLANNING SUMMARY ............................................................................................ 17

PARTICIPANT DEMOGRAPHICS ....................................................................................................... 18

CERTIFICATIONS ............................................................................................................................ 18

EVALUATION CRITERIA ................................................................................................................. 19

PROPOSAL ACCEPTANCE/CONTRACT AWARD/APPEAL PROCESS/CANCELLATION ......................... 21


Southwestern Area Workforce Development Board

Request for Proposals Southwestern Area Workforce Development Board

Workforce Investment Act Youth Services

GENERAL INFORMATION The Southwestern Area Workforce Development Board (SAWDB), in conjunction with the SAWDB

Youth Council, and the Region IV Chief Elected Officials are soliciting competitive proposals to conduct

youth services in the counties of Catron, Doña Ana, Grant, Hidalgo, Luna, Sierra and Socorro under the

authority of the Workforce Investment Act of 1998 (WIA). The mission of the SAWDB is to provide

quality education and training programs to eligible youth with existing barriers for education and

employment and provide preparation for transition into adult competitive employment available in

Southwestern Area of New Mexico. All programs are to be consistent with WIA rules, regulations,

provisions and requirements.

Available Funds: Total available funds are contingent upon WIA funding allocated to the Southwestern

Area for the period of July 1, 2013 through June 30, 2014. The SAWDB will distribute the funds based

on the awarded proposal(s) and final award to the SAWDB from the New Mexico Department of

Workforce Solutions. Any possible extension of Contracts beyond June 30, 2014 will be contingent upon

available funding, as well as satisfactory performance, as determined by the SAWDB.

Proposal Submission Requirements: Proposals must meet all minimum submission requirements

contained in the Request for Proposals (RFP), including due date, and time requirements. Proposals not

meeting the required elements may be rejected. Responsibilities for meeting the minimum submission

requirements are solely that of the proposing entity. The SAWDB or its consultants will not review

the proposal prior to the due date and time.

Request for Proposal: A copy of the RFP may be obtained after 2 pm on Tuesday, April 23, 2013

online at www.employnm.com, or by request at (575) 744-4857 or via email at

[email protected].

Pre-Proposal Conference: A Pre-Proposal conference is scheduled for Tuesday, April 30, 2013

beginning at 2 p.m. at the Mesilla Town Hall, 2231 Avenida de Mesilla, Mesilla, NM. Questions are

encouraged and may be submitted in writing prior to the Pre-Proposal Conference. Submit questions to

the attention of Mr. Steve Duran, Administrative Entity of the Southwestern Area Workforce

Development Board via facsimile at (575) 744-5021 or email to [email protected].

Administrative Entity (AE) staff members will only answer questions of a technical nature and cannot

provide ideas or suggestions for program design.

Proposal Due Date and Time: Completed proposals may be hand delivered or shipped by private

carried to SAWDB SYP at 600 Hwy 195 Suite C, Elephant Butte, NM 87935 and must be received no

later than 2:00 pm Mountain Standard Time, Thursday, May 23, 2013. Proposals may also be sent via

U.S. Mail to: Attn: SEALED PROPOSAL, Mr. Steve Duran, Youth RFP Manager, Southwestern Area

Workforce Development Board, PO Box 1072, Elephant Butte, NM 87935. A postmark is not adequate

to determine that submission deadlines have been met and any proposal mailed and received after the

submission deadline will not be accepted and will be returned unopened. All proposals, regardless of

delivery method, must meet stated guidelines or they will not be accepted. Facsimile or other

electronically transmitted proposals will not be accepted. There is no basis for a dispute of rejection for

not meeting the deadline.

http://www.employnm.com/

mailto:[email protected]


Executive Summary: A summary of the narrative descriptions must also be included for

presentation purposes in the event proposers are asked to make a short oral presentation to the

SAWDB before award of contract. The Executive Summary will not be counted as part of the

narrative pages.


PROPOSAL FORMAT

ALL PROPOSALS MUST BE SEALED AND CLEARLY MARKED AS FOLLOWS ON THE

OUTSIDE OF THE PACKET SUBMITTED: SEALED PROPOSAL, 2013 Youth Services RFP,

Southwestern Area Workforce Development Board

Proposers may choose to submit one proposal for a single area, two areas, or all three

service areas.

Service Areas

Area 1 - Dona Ana County and Luna County

Area 2 - Hidalgo County, Grant County and Catron County

Area 3 - Sierra County and Socorro County, with the exception of the Alamo Navajo Reservation

Area in Socorro County

Proposals must be submitted typed, single-sided, double-spaced line format with a 12-point font.

The proposal narrative should not exceed 20 pages. Proposals should be fastened together with a binder

clip adequate for the submitted document. DO NOT SPIRAL BIND PROPOSALS. Proposals may be

hand delivered Monday thru Friday between the hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00

p.m., Mountain Standard Time. (Holidays excluded)

All RFP elements must be included and in the following order. These elements must be indexed and

include corresponding, visible tabs for quick reference. Those not meeting these stated and following

requirements may be disqualified and not rated. (Reference: NMAC 11.2.28)

Element

Order RFP Elements

1.0 Executive Summary

1.1 Cover Sheet (Attachment B - Subgrant Cover Sheet)

2.0 Contract Agreement Provisions (Attachment C - Contract Agreement)

3.0 Proposal Narrative (25 Page Limit)

3.1

Subpart A: Major Employment and Training Program Activities

Statement of Need

Performance Standards/Goals & Objectives

Procedures/Systems

Program Guidelines (Eligibility Determination, Outreach, Intake, Objective Assessment,

Individual Service Strategy, etc.)

3.2

Subpart B: Management and Administration

Organizational Chart

Participant Flow Chart

Job Descriptions

Coordination and Linkages (with any supportive letters attached)

EEO/Affirmative Action Plan

Demonstrated knowledge/ability to conduct WIA or similar Federal programs, include past

experience if applicable

Proof of principle office within the southwestern region of New Mexico

3.3

Subpart C: Funding Control & Management

Fund Accounting and Organizational Responsibility

Description of the Entities Cost Accounting

Audit and Inspections (See element 10.0 for audit report )


Element

Order RFP Elements

3.4 Subpart D: Property Control and Management

3.5 Subpart E: System for Payment of Participant Services

4.0 Previous Performance and Organizational Performance (1 Page Limit)

5.0 Number of Service Areas

6.0

Budget Review

Budget Information Summary (Attachment D - Budget Information Summary)

Budget Information Backups (Attachment E - Budget Information Backups)

Cost Summary (Attachment F - Cost Summary)

7.0 Program Planning Summary (Attachment G - Performance Planning Summary)

8.0 Participant Demographics (Attachment H - Participant Demographic Summary)

9.0 Certifications (Attachments I1 & I2)

10.0 Most recent monitoring report

Most recent financial audit report


PROGRAM GUIDELINES

This Request for Proposals is for a Yearly/Multi-year period totaling three-years. The Southwestern Area

Workforce Development reserves the option to extend the period beyond three-years and award multi-

source contracts, in accordance the New Mexico Procurement Code.

Program must serve youth and older youth who meet the following eligibility requirements:

Are age 14-21 (at time of enrollment) AND;

Are low income/economically disadvantaged based on WIA requirements AND;

Have one of the following documented barriers:

o Deficient in basic literacy skills;

o School Dropout

o Homeless, runaway, or foster child;

o Pregnant or a parent

o Offender;

o Is a gifted student or has unstable home environment, according to policy guidelines

published by the SAWDB,

Out of School Youth Requirement: WIA Section 129(c)(4), as amended, changed or altered by the

USDOL, as applicable, requires that “At a minimum, 30 percent of the funds described in paragraph (1)

shall be used to provide youth activities to out-of-school youth.”

The term “out-of school” means –

An eligible youth who is a school dropout; or

An eligible youth who has received a secondary school diploma or its equivalent but is

basic skills deficient, unemployed, or underemployed.

In addition to eligibility requirements, all youth served under proposed program must receive, or have

access through referrals to other programs, the following 10 Program Elements as required under WIA

Section 129 (c) (2) as follows:

Improving Educational Achievement

1) Tutoring, study skills training and instruction, leading to completion of secondary school

including dropout prevention strategies

2) Alternative secondary school services

Preparation for and Success in Employment

3) Summer employment opportunities that are directly linked to academic and occupational

learning

4) Paid and unpaid work experience, including internships and job shadowing;

5) Occupational skills training

Support for Youth

6) Supportive services

7) Adult mentoring for the period of participation and a subsequent period, for a total of not

less than 12 months,

8) Follow-up services for a period of not less than 12 months after the completion of

participation;

9) Comprehensive guidance and counseling, which may include drug and alcohol abuse

counseling and referral;

Services to Develop the Potential of Youth as Citizens and Leaders

10) Leadership development opportunities, which may include community service and peer-

centered activities encouraging responsibility and other positive social behaviors during

non-school hours


The goals of these elements are to provide, according to WIA section 129 (1) (C):

Preparation for postsecondary educational opportunities, in appropriate cases;

Strong linkages between academic and occupational learning;

Preparation for unsubsidized employment opportunities; and

Effective communication to intermediaries with strong links to

o The job market; and

o Local and regional employers


PERFORMANCE STANDARDS

Proposals should also address/describe how the performance standards are to be met. The performance

standards (Attachment A - Performance Standards) are set by the SAWDB and failure to meet these

goals will have consequences for the SAWDB, Youth Council and Providers. Reporting to the SAWDB

Administrative staff will be on a monthly basis, to be compiled into a quarterly report for all providers in

the area. This information will be collected on the state’s database maintained by the New Mexico

Department of Workforce Solutions. Failure to meet reporting requirements can result in sanctions up to

and including cancellation of the provider’s contract. Consistent failure to meet performance standards

can result in sanctions imposed by the SAWDB up to and including cancellation of the provider’s

contract.

In addition to meeting the Performance Standards required by the New Mexico Department of Workforce

Solutions, outcomes projected for program participants should be clearly demonstrated for each

participant category (in-school, out-of-school, basic skills deficient, school drop-out, etc.)

SUBCONTRACTING

Sub-grantees may subcontract portions of their proposed program design under the following conditions:

Proposed subcontracts must be explained in the program narrative

Provider may not subcontract all services and/or activities described in the narrative

No administrative costs are allowed for subcontractors, program cost only.

All subcontracts must meet all NM Procurement Code guidelines.

If a subcontractor is to be utilized a Memorandum of Understanding (MOU) must be included in the

application delineating responsibilities. Other partnerships with agencies who are not subcontractors will

also be documented in a MOU delineating responsibilities. Sub-agreements negotiated with a

subcontractor must be approved by the SAWDB, prior to execution of services. Subcontractors must

meet all licensing requirements and provide required documents, certifications and insurance, and shall

agree to comply with Standard General Provisions, NMAC 11.2.28 with accompanying STAG 10-03 and

all other applicable Federal and State regulations and all SAWDB policies and procedures.


PROGRAM NARRATIVE (25 Page Limit)

SCOPE OF WORK

It is the intent of the SAWDB to provide quality employment training services to eligible youth in the

Southwest Region and improve the quality of the available workforce in conjunction with available

employment in the Southwest region and in New Mexico. In order to meet the needs of employers and

eligible youth in the area, measurable and attainable goals for overall youth services must be met. The

following outcomes shall be incorporated into the program design of each proposal submission in the

format provided in Program Narrative Subparts:

Basic Skills Deficient: The goal is a measurable increase in basic skills using a standardized

testing instrument for pre- and post-program results.

School Dropouts/Offenders/Homeless or Runaways: To obtain a GED Certificate or return to

school, either through mainstream school systems or alternative school options, which lead to

further options of continuing on to enter unsubsidized employment, military service or a post-

secondary training program.

Parenting/Pregnant Teens: To receive retraining, GED Certificate, or high school diploma with

the assistance of supportive services, leading to options to enter unsubsidized employment,

military service or a post-secondary training program.

Life Skills/Pre-employment Skills: The SAWDB, and the SAWDB Youth Council consider these

skills as crucial elements to gaining and retaining in employment. The skills include but are not

limited to resume building; appropriate attire for the workplace; work-place ethics; interviewing

skills; reporting for work promptly, etc.

This Request for Proposal is contingent upon funding availability, demonstrated performance and

program design. When properly developed it becomes that basic management instrument to be used as a

plan of action by the sub-grantee in the delivery of any activities. The contract shall consist of an

agreement, a Contract Signature Sheet, Boiler-plate Contract Agreement Provisions, Program Narrative,

Budget, and Support Documents. Instructions for the development of the program narrative have been

designed to assist the Sub-grantee in describing its program in an operational sequence. Therefore, the

program narrative has been divided into five basic subparts:

Subpart A: Major employment and Training Program Activities


Subpart C: Financial Control System

Subpart D: Property Control and Management

Subpart E: System for Payment of Participant Supportive Services

The narrative shall be developed within each subpart so that it flows in an operational order from one

subpart to another.


Subpart A - Major Employment and Training Program Activities Narrative

Provide the following (Items 1 – 5) for each area to be served (Area I, II, III):

1. STATEMENT OF NEED:

Define the problem identifying the following:

a) Provide an appropriate and thorough needs assessment of the area to be served

b) Identify the target population to be served

c) Identify geographical jurisdiction

2. PERFORMANCE GOALS AND OBJECTIVES (Expected Outcomes)

State your measurable performance goals or objectives that are to be accomplished.

Briefly describe the results expected from the program, and identify the benefits to the

participants and to the communities served.

3. PROCEDURES

In a specific and concise manner, describe the procedures to be used to implement the systems

necessary for the delivery of activities.

Describe the strategy for the needs of each service area to be served.

Describe “how” the system designed for operating the program is to be implemented. The

proposer shall outline what, when, who, how and by whom it intends to implement the program.

4. SELF-ASSESSMENT/EVALUATION

The proposal shall include a self-assessment and evaluation system that will enable program staff

to; (a) assess the effectiveness of the program, (b) determine if program objectives are being met

and (c) provide information needed for making operational adjustments and changes.

5. PROGRAM ACTIVITIES

The program activities described by the proposing organization should include at a minimum the

following activities for enrollment of participants:

(1) Outreach and Recruitment. Efforts to include utilization of the available media,

i.e. television, newspaper, and radio

(2) Intake. Appropriate WIA application forms will be completed on all applicants

and shall be maintained on file for reporting to the NMSDA/NMSA

Administrative Entity (AE) in accordance with its established reporting

procedures.

(3) Objective Assessment. An assessment of the capabilities, needs and vocational

potential of each individual shall be conducted and such assessment results be

used to develop an ISS and identify an employment goal. Objective Assessment

shall also include:

Assessment of need for program services;


Determination of type of appropriate activities and services required to

meet employment goal;

Availability of funds for the provision of services;

Determination of most in need and ability to benefit from participation in

an activity;

Recommendation(s) for referral to appropriate activity and services

required to complete program objectives; and

An employability assessment to include, at minimum, date on education,

work history, results of test and other related evaluation data.

(4) Individual Service Strategy (ISS). Based on the Objective Assessment results, an

ISS shall be developed for each participant, which shall specify an employment

goal, appropriate achievement objectives and the appropriate combination of

services to be provided (including supportive services). The ISS shall outline the

strategy/methodology by which the participant will meet his/her defined program

objectives leading to attainment of unsubsidized employment. This ISS shall be

developed jointly and with full involvement and concurrence of the participant

and/or guardian.

Training and education enhancement activities should be planned to follow a basic program design for

serving the needs of the participants and achieve planned outcomes, with specific activities to be

determined by the Individual Service Strategy to include activities that meet the 10 elements, and

Performance Standards.

Local policy, 6th Barrier for Youth Eligibility must be considered in the proposer's program design. View

(Attachment J - 6th Barrier for Youth Eligibility)


Subpart B - Management and Administrative Narrative

Proposers shall provide a description of the management and administrative systems necessary for the

operation of an effective program in a narrative form. The following shall be provided as part of the

proposal.

a. Organizational Chart (include chart with a narrative)

b. Participant Flow Chart (include chart with a narrative)

c. Job Descriptions of personnel who will be paid, in whole or in part, from grant receipts

d. Coordination and Linkages – Attached letters of support are encouraged to demonstrate

cooperation with other youth agencies and resources (Letters of support are not counted

toward 25 page limit) e. Equal Employment Opportunity (EEO)/Affirmative Action Plan

f. Participant Grievance and Appeals Procedure

g. Demonstrated ability to conduct and manage WIA or similar Federal Program. Include past

experience if applicable.

h. Evidence of principle office located in Southwestern region or State of New Mexico

Describe the organizational process by which reports and required forms will be completed. This will

include participant and financial reporting. NOTE: All financial reports must be prepared in accordance

with established policies/procedures and deadlines set by SAE Issuance 11.2.11 Financial Management

Guide and SAWDB procedures.

PROPOSERS MUST CONSIDER ATTACHMENT C - CONTRACT PROVISIONS IN THEIR

PROGRAM DESIGN, PARTICULARLY, THE ADDITIONAL PROVISIONS SECTION ON

PAGES 19 AND 20.


Subpart C - Financial Control and Management Narrative

Describe the accounting and internal controls, which correlates and supports the program that has

previously been described in Subparts A and B.

1. Funding Accountability

Describe the financial control system to be used for the receipt, disbursement, safeguarding,

reporting and accounting for funds. Include procedures for budgetary revisions and for avoiding

commingling of WIA funds with other monies; reference Section D (Fiscal Standards and

Management) of the General Provisions.

2. Organizational Responsibility

Identify the organization or component that will be responsible for the overall accountability of

the WIA and/or other federal funds under this contract.

3. Description of Entities Cost Accounting

Describe the financial systems in place for the organization submitting the proposal, including

any software used.

4. Audits and Inspections

All records, reports, documents and files required under this contract shall be held open for

inspection by the SAWDB, NM Department of Workforce Solutions, and the USDOL, or their

respective representatives, in accordance with Section D. 9., Audits and Inspections of the Special

Provisions. A copy of your organization’s most recent audit or financial review shall be included

with submission.


Subpart D - Property Control and Management Narrative

Describe the control and management system to be implemented to acquire and maintain property and

equipment. Identify the unit and staff responsible for these controls and inventory. If no property is to be

acquired under this proposal, please indicate this in your proposal; however, the proposing entity must

show basic procedures are in place to take any property that may be purchased.


Subpart E - System for Payment of Participant Services

The requirements for participant payment process are as follows:

1. The proposer who administers the participant payroll function or whose payroll process is affected by

an agency other than the NM Department of Workforce Solutions will be required to develop and

describe the following:

a. Mission and function of the supportive services payment shall include detailed methods and

procedures for effecting payments to participants under program activities of this RFP package.

Operational coordination to be utilized in effecting the payroll function shall be clearly defined.

b. Method of detection and collection of unauthorized payments and overpayment and controls shall

be established to prevent this problem from occurring.


PREVIOUS PROGRAM AND ORGANIZATIONAL PERFORMANCE (1 Page Limit)

Provide a one page narrative explaining the previous experience in administering service, social, or

workforce development programs. Proposer’s should submit a copy of the latest monitoring report to

demonstrate the level of program performance; and a copy of the latest independent auditor’s report, if

applicable.

NUMBER OF SERVICE AREAS

By area(s), the proposers shall submit a list of the services areas that are included in the proposal.

Service Area(s)

Area 1 - Dona Ana County and Luna County

Area 2 - Hidalgo County, Grant County and Catron County

Area 3 - Sierra County and Socorro County with the exception of the Alamo Navajo Reservation Area in

Socorro County

BUDGET REVIEW

Proposers shall submit all budget forms attached to this RFP packet. Provide a separate budget for each

area to be served. Fund allocations may be subject to change depending of the final allocation of federal

funds to the State of New Mexico and the SAWDB.

These forms include:

Budget Information Summary (Attachment D - Budget Information Summary)

Budget Information Backups (Attachment E - Budget Information Backups)

Cost Summary - Points are awarded on a low cost ranking.

The funds available are not to exceed

- $ 310,534 for Area I

- $ 232,983 for Area II

- $ 203,645 for Area III

for the contract period of July 1, 2013 through June 30, 2014 (Attachment F - Cost Summary)

Workforce Center lease costs (Attachment K - Lease Costs)

PERFORMANCE PLANNING SUMMARY

The Performance Planning Summary form (Attachment G - Performance Planning Summary) must be

completed and be in accordance with participant numbers that are described in the program narrative.

Please note that although these are planning figures, they will be used by the SAWDB Monitoring

Committee and the SAWDB Administrative staff as indicator of program progress.


PARTICIPANT DEMOGRAPHICS

The Participant Demographic forms (Attachment H - Participant Demographic Summary) must be

completed and be in accordance with participant numbers that are described in the program narrative.

Please note that although these are planning figures, they will be used by the SAWDB Monitoring

Committee and the SAWDB Administrative staff as another indicator of program progress.

CERTIFICATIONS

Certifications that shall be attached to the submitted proposal are as follows:

Certification of Debarment & Suspension

Certification of Drug-Free Work Place

Certification of Liability Insurance

Article of Incorporation, if applicable

Bonding, if applicable

Campaign Contribution Disclosure Form

NOTE: All certifications asked for in this section are to be signed by the proper signatory authority of the

proposing entity. Failure to include the above certifications will result in disqualification.


EVALUATION CRITERIA

Proposal must be responsive to the RFP to be evaluated. To be considered responsive, submissions must:

1. Be submitted by the closing date and time.

2. Address all of the information requested in the RFP.

3. Be presented in the format requested by the RFP.

4. Include all required forms with original signatures.

5. Include all documentation required in the RFP.

Proposals determined to be non-responsive will not be rated.

Proposal will be rated according to the following point system:

Area of Evaluation Points Available

Cover Sheet and Contract Agreement Provisions; if not included the submission will be

considered non-responsive and disqualified.

Pass/Fail

Narrative Review of Scope of Work

Subpart A: Major Employment and Training Program Activities

Statement of Need

Performance Standards/Goals & Objectives

Procedures/Systems

Program Guidelines (Eligibility Determination, Outreach, Intake,

Objective Assessment, Individual Service Strategy, etc.)

120 points


Organizational Chart

Participant Flow Chart

Job Descriptions

Coordination and Linkages (with any supportive letters attached)

EEO/Affirmative Action Plan

Demonstrated knowledge/ability to conduct WIA or similar Federal

programs, include past experience if applicable

Proof of principle office within the southwestern region of New Mexico

75 points

Subpart C: Funding Control & Management

Fund Accounting and Organizational Responsibility

Description of the Entities Cost Accounting

Audit and Inspections

60 points

Subpart D: Property Control and Management 15 points

Subpart E: System for Payment of Participant Services 30 points

Previous Program and Organizational Performance 105 points

Number of Service Areas 105 points

Budget Review

Budget Information Summary and Budget Back-ups

Low cost ranking

30 points

60 points

Program Planning Summary Pass/Fail

Participant Demographics Pass/Fail

TOTAL POINTS ALLOWABLE 600 POINTS


Proposals with the highest point totals will be forwarded to the SAWDB for final award, along

with any others at the sole discretion of the evaluation group. The evaluation group will be

comprised of members of the SAWDB or their designee who have no conflict of interest and will

rate each proposal separately according to the rating scale. Final scores will be compared and

ranked.

Discussions may be conducted with offerors who submit proposals determined to be reasonably

susceptible of being selected for award, but proposals may be accepted without such discussions.


PROPOSAL ACCEPTANCE/CONTRACT AWARD/APPEAL PROCESS/CANCELLATION

A. PROPOSAL ACCEPTANCE. This Request for Proposals (RFP) does not obligate the

SAWDB, SAWDB Youth Council or the Region 4 Chief Elected Officials to award any

contract. The SAWDB reserves the right to accept or reject any or all proposals received

or portions thereof or award a contract to a proposer other than the highest ranked

according to the evaluation group.

The SAWDB reserves the right to waive formalities and minor irregularities of offers

received at the discretion of the evaluation team.

If all required certifications or documents are unavailable at the time of proposal

submittal, this must be stated and an explanation provided.

The SAWDB reserves the right to negotiate the terms of the final contract with the

proposer.

B. CONTRACT AWARD. The SAWDB reserves the right to negotiate the final contract as

well as require contract modifications in order to comply with any changes in WIA

regulations. The primary service provider is solely responsible for contract completion

and will be the only recipient of payment. All material developed is the property of the

Southwestern Area Workforce Development Board and may not be copyrighted. All

awards subject to successful completion of Pre-award survey.

C. APPEAL PROCESS. All proposers will receive written notice of the outcome of the

evaluation and award process. Any proposer has the right to protest the award decision.

Should a proposer wish to appeal an award recommendation, the proposer must provide

written notice of such appeal no more than fifteen (15) days after the SAWDB notice of

award.

D. CANCELLATION. The SAWDB reserves the right to cancel this Request for Proposal.

E. This RFP follows the NM Procurement Code, Sections 13-1-28 through 13-1-199

including any amendments to said code, and as such imposes civil and misdemeanor

criminal penalties for its violation. In addition, the New Mexico Criminal Statutes

impose felony penalties for bribes, gratuities and kickbacks.