WIOAPL 17-03 (Procurement of the Comprehensive Case Management and Employment Program Provider for WIOA Youth-Funded Activities and Services)
Workforce Innovation and Opportunity Act Policy Letter No. 17-03
November 8, 2017
TO: Chief Elected Officials Local Workforce Development Board Chairpersons Local Workforce Development Board Directors
FROM: Cynthia C. Dungey, Director
SUBJECT: Procurement of the Comprehensive Case Management and Employment Program Provider for WIOA Youth-Funded Activities and Services

I.          Purpose

The purpose of this policy is to outline the requirements for procurement of the youth program provider.

II.         Effective Date


III.        Background

Ohio has implemented the Comprehensive Case Management and Employment Program (CCMEP). This program transforms the network of human services and workforce programs throughout Ohio by integrating youth programs funded by Temporary Assistance for Needy Families (TANF) and the Workforce Innovation and Opportunity Act (WIOA) to create one program. CCMEP is Ohio’s WIOA youth program. If the local workforce development board (WDB) has authorized the use of WIOA youth funds for this program, delivery of the WIOA youth program services and activities are provided within the framework, rules, and procedures of CCMEP.

By integrating WIOA and TANF youth programs, Ohio can more effectively utilize and leverage federal dollars from these funding sources to support the different needs of customers who are eligible for these separate funding sources. Braiding funds allows the WIOA youth program to provide more comprehensive services to participants while maximizing partner resources to assist youth.

Each WDB is responsible for establishing the WIOA youth program within the overall strategy of the local workforce development area (local area) as envisioned by the WDB. Other key points when serving WIOA youth participants are:

1.         WIOA envisions regional and cohesive service delivery;

2.         The local WDB’s need to respond to the needs of regional economies;

3.         The local WDB’s responsibility to provide strategic and operational oversight to help develop a comprehensive and high-quality workforce development system for the local area; and

4.         The local WDB’s responsibility to maximize and continue to improve the quality of services, customer satisfaction, and effectiveness of services provided in the local area.

Per 20 C.F.R. 679.370(l)(1), another responsibility of the local WDB includes the selection of providers of youth workforce investment activities. Youth workforce investment activities include all the following:

1.         Outreach;

2.         Youth program eligibility determinations;

3.         Completion of the objective assessment (in CCMEP, called comprehensive assessment);

4.         Completion of the individual service strategy (in CCMEP, called individual opportunity plan);

5.         Case management; and

6.         Provision of the 14 program elements.

A.        Selection of the Provider of WIOA Youth-Funded CCMEP Services

The provider of CCMEP WIOA youth-funded services may be selected in one of the following ways:

1.         Award Competitive Grants and Contracts

The local WDB awards grants or contracts to youth service providers to carry out some or all of the youth workforce investment activities on a competitive basis. It is expected that local WDBs will contract with youth service providers to provide the activities and program elements which youth service providers are best positioned to offer. The length of youth service provider contracts shall be for no more than 4 years, including any extensions.

2.         Use Partner Resources

For those program elements not funded by the WIOA youth program, the local WDB may leverage partner resources to provide some of the readily available program elements. However, the local WDB must ensure that if a program element is not funded by WIOA, there is an agreement in place with the partner organization to ensure the program element will be offered. The local WDB must also ensure the program element is closely connected and coordinated with CCMEP.

3.         Discretion of the Local WDB

Per Training and Employment Guidance Letter (TEGL) No. 21-16, the State has the authority to establish a policy regarding the provision of youth activities the State determines are likely to enhance the performance of the program.

With the implementation of CCMEP and the ongoing relationship between the local WDB and the CCMEP lead agency, the local WDB may determine that the CCMEP lead agency could most efficiently and cost-effectively provide specific youth services and activities. Therefore, the local WDB may allow the CCMEP lead agency to conduct any or all the following services and activities within the lead agency’s county of designation:

a.         Outreach;

b.         WIOA youth program eligibility determinations;

c.         Completion of the CCMEP comprehensive assessment (WIOA objective assessment);

d.         Completion of the CCMEP individual opportunity plan (WIOA individual service strategy);

e.         Case management;

f.          Development and management of individual training accounts (ITA) and on-the-job training (OJT);

g.         Provision of labor market information and labor exchange activities, including but not limited to, resume development and job placement;

h.         Supportive services; and

i.          Follow-up services.

The provision of the remaining activities and program services and/or elements will either be competitively procured or provided through partner resources.

If the local WDB allows the CCMEP lead agency to conduct WIOA youth-funded services and activities, the local WDB must ensure there is a sub-recipient agreement in place with the CCMEP lead agency to demonstrate how these activities will be provided.

The local WDB must make sure the amount of WIOA youth program funds provided to the CCMEP lead agency for the delivery of such activities and services and/or elements are reasonable and do not infringe on the local area’s ability to competitively procure and contract with a youth program provider(s) to deliver the remaining program elements/services. The local WDB must be mindful of all federal mandates regarding the use of WIOA youth program funds and any statutory requirements for spending levels on the program and certain program services and/or elements being procured, specifically the 75% spending requirements for out-of-school youth and the 20% spending requirements for work experience.

CCMEP, in conjunction with the WIOA youth program, serves youth and young adults possessing many barriers to employment and training, making these individuals harder to serve. Hard to serve individuals typically need more costly services and/or elements. Therefore, the local WDB must ensure sufficient funds are available for the program elements being procured as these program elements are designed to reduce these barriers.

Additionally, the local WDB must also make certain a fair and open competition is conducted for the procurement of the remaining youth program activities and services, including enough youth program funds available to solicit a competitive procurement.

The State holds the right to require that a percentage of WIOA youth program funds be available for procurement if it is determined that local WDBs did not allocate adequate funding for the delivery of procured services.

Within the board resolution that allows the lead agency to deliver one or more of the above services, the local WDB must also specify whether each CCMEP lead agency in the local area is permitted to bid on the request for proposal (RFP) for the remaining WIOA funded youth program services and activities. If this language is absent for any CCMEP lead agency, then by default, the CCMEP lead agency is not permitted to submit a proposal in response to the RFP for the remaining services. If a CCMEP lead agency is specifically permitted by the local WDB to participate in the competitive procurement, then the local WDB must ensure that the CCMEP lead agency is not part of the development of such RFP.

B.        Competitive Procurement

The local WDB shall not delegate its procurement responsibility. However, the local WDB and the WDB director may elect to utilize the fiscal agent to assist if the fiscal agent has no conflict of interest, and the local WDB retains authority and responsibility for the selection, oversight, and evaluation of the procured services.

Furthermore, the local WDB must collaborate with the CCMEP lead agency in designing procured youth services and activities. The local WDB may also partner with the CCMEP lead agency to jointly procure youth program providers for CCMEP, unless the CCMEP lead agency wishes to bid to become a provider of WIOA youth-funded services. If a joint procurement is conducted, the local WDB must take the lead in all aspects of the procurement process. A joint procurement may provide the following benefits:

1.         Maximize the use of both WIOA and Temporary Assistance for Needy Families (TANF) funds for CCMEP participants;

2.         Ensure the local WDB and the CCMEP lead agency have the same goals and expectations for the youth program providers; and

3.         Provide coordination of services for CCMEP youth participants.

The selection process must be planned to maximize competition. The selection process must be conducted on a local area-wide basis. There must not be a separate selection process conducted by each county in a local area as such a practice would be contrary to the WIOA vision for an integrated service delivery system. Further, such a practice is a hindrance to a fair and open competition in that entities interested in competing would be required to prepare and submit multiple proposals.

C.        Procurement Considerations

There are considerations that the local WDB must examine when initiating the procurement process.

1.         Provision of Services for WIOA In-School Youth and Out-of-School Youth

The local WDB must decide whether the local area should deliver both WIOA in-school and out-of-school youth services or just out-of-school services. Under WIOA, a minimum of 75 percent of WIOA youth program funds must be spent on services for out-of-school youth. Per TEGL No. 23-14, “the 75 percent expenditure rate is a minimum requirement; therefore, states and local areas may spend up to 100 percent of the local area youth funds on out-of-school youth if they choose.” Therefore, the local WDB may choose to procure youth program providers specifically to serve only out-of-school youth.

As part of this consideration, the local WDB evaluates the impact that serving only out-of-school youth will have on CCMEP, the youth this program is designed to serve, and the goals of this program. Therefore, this decision to serve only out-of-school youth is made based upon the best interests of the youth in the community. Additionally, the decision of the local WDB will apply to the whole local area (an individual county within the local area may not serve only out-of-school youth if the local WDB decides to serve both populations of youth). The local WDB's decision, including the reasons the decision was made, must be documented as part of the official board meeting notes.

2.         Conducting Services and Activities

The local WDB may procure a youth program provider to conduct all WIOA youth workforce investment activities and services. Having a program provider conduct all activities may ease administrative burden and allow for a more consolidated delivery of services.

On the other hand, the local WDB may procure a provider to conduct only certain activities or services. Using this method would allow providers who have expertise or experience conducting certain activities or services to provide only those activities and services.

3.         Delivery Methodology

The local WDB must consider the delivery methodology. The primary examples include the following:

a.         Area-wide youth program provider: One organization is selected to provide youth program activities and services across the local area.

Benefits of area-wide selection:

i.          Fosters consistency of services: The same staff training, processes, procedures, and menu of services are provided across the local area, promoting uniformity;

ii.         Streamlines management: Area-wide management rather than center-based hierarchies are utilized, providing cost savings that can be reinvested into client services;

iii.        Reduces administrative burden: A single selection of one resulting contract is employed, reducing the local WDB's administrative burden of overseeing multiple youth program providers; and

iv.        Encourages more robust competition: Funding is consolidated into a single, larger selection, potentially attracting a wider field of respondents to choose from, including those with best practices and experiences from outside of the local area that are interested in establishing a presence in or relocating to serve the local area.

b.         Center-based youth program providers: Different organizations are selected to provide youth program activities and services on a center-by-center basis. If this methodology is chosen, the local WDB must still competitively select the youth program provider. The selection must not be delegated to an individual center or county. When considering this methodology, a local WDB must consider whether there have been challenges in the past in the selection of a youth program provider for a center or county.

Benefits of center-based service provider methodology is:

i.          Encourages local expertise: Center-based selections typically attract county-based service providers, resulting in responses from organizations with specific knowledge of and expertise in the local area; and

ii.         Hedges performance outcomes: In a local area with multiple service providers, even if one service provider is doing poorly, another may be doing well, resulting in a potential safety net for performance outcomes.

c.         Service-based youth program providers: Multiple organizations are selected to provide youth program activities and services based on an expertise. These service providers may be selected to serve an entire local area, or on a center-by-center or county basis.

A benefit of the service-based methodology is that each service provider is selected to provide a specific service based on skills and expertise that could substantially improve outcomes for participants served by such providers.

The three models are examples of primary methods that local WDBs may consider for youth program providers. However, it should be noted that these methods are not mutually exclusive of one another and may be combined. For example, a local WDB may use an area-wide youth provider selection process that allows respondents to subcontract for a particular youth program element, thus encouraging local expertise.

Overall, a local WDB should carefully weigh all options and identify the methodology (or combination of methodologies) that best serves local area needs.

D.        Procurement Process

The local WDB must support full and open competition in processes it utilizes to select the youth program provider, and the local WDB must comply with federal procurement principles prescribed in the Uniform Guidance (2 C.F.R. 200.318 to 200.326), with state procurement rules listed in rule 5101:9-4-07 of the Administrative Code, and with local procurement policies and procedures. The entire procurement process must be performed under a process that promotes transparency and accountability. The process must be documented, including a written explanation of the nature of the procurement process, and made available to the public on a regular basis through electronic means and open meetings. The information that local WDBs are required to make available to the public includes, but is not limited to:

1.         The local WDB's written conflict of interest policy;

2.         The local WDB's written procurement policies;

3.         The procurement solicitation itself;

4.         A listing of entities that have submitted bids or proposals;

5.         An abstract of those bids or proposals;

6.         The identity of the selected youth program provider(s); and

7.         Total award amount and duration of the contract with the youth program provider.

Several factors must be considered to plan a competition for youth program provider selection. The primary factors have been grouped into the categories listed below.

1.         Conflicts of Interest

To ensure a fair and open competitive process, all potential conflicts of interest in the procurement, management, and oversight of the youth program provider must be identified and addressed before planning and implementation of the solicitation process. Local WDBs should issue an inquiry to the current youth program provider, local fiscal agent, local service providers, and local partners to determine if any of those parties will compete to serve as a youth program provider.

Until the solicitation document is released to the public, it must be kept confidential to ensure that no individual or entity that will compete to serve as youth program provider has an unfair advantage over other competing individuals or entities.

Further, no WDB board member, Youth Subcommittee member, or other individual involved in the planning and the development of the solicitation should respond to inquiries from any individual or entity that will compete. All such inquiries should be directed to a special email box or online address where all questions and responses can be seen by all competitors through a question and answer (Q&A) process.

Paragraph (B) of section 102.03 of the Revised Code prohibits current and former public officials and employees from disclosing or using confidential information acquired during official duties as public officials or employees when the confidential designation is set by statute or otherwise warranted because of the circumstances under which the information was received and preserving confidentiality is necessary to the proper conduct of government business. With respect to procurement, any individual with knowledge of the solicitation process or solicitation document must not disclose the information to ensure that the competitive process is fair and open to all.

Policies and procedures must be put in place to effectively address any real or apparent conflicts of interest. Policies and procedures must comply with state and local conflict of interest laws, including section 2921.42 and Chapter 102 of the Revised Code, and state and local ethics rules.

Organizational structures must be reviewed and reorganized if necessary to ensure that monitoring, oversight, and evaluation responsibilities are separated from responsibilities for the performance of daily activities and routine functions.

Each local area is required to maintain written standards of conduct for acquisition and procurement per Uniform Guidance (2 C.F.R. 200.318(c)(1)) and rule 5101: 9-4-04 of the Administrative Code. All existing standards should be reviewed in consideration of WIOA requirements and updated as necessary.

Policies and procedures must be established to ensure that the proper firewalls are in place to address any real and apparent conflicts of interest. Potential conflicts include, but are not limited to:

a.         Local stakeholders competing to serve as youth program provider; and

b.         Youth program provider procurement of subcontractors, if local WDB assigns such authority.

Local Stakeholder to Compete

Any local entity that will compete for the opportunity to serve as a youth program provider must not take part in the development of the solicitation or in the procurement process. This includes, but is not limited to: the local fiscal agent, the current youth program provider, the current American Job Center (in Ohio, called the OhioMeansJobs center) operator, or an entity that is a direct provider of services in the local area.

Section 102.03(A)(1) of the Revised Code prohibits former public officials or employees from representing a client or acting in a representative capacity for any person on any matter on which the former public official or employee participated through decision, approval, disapproval, recommendation, rendering of advice, or other substantial exercise of administrative discretion for a period of 12 months after exiting public employment.

As defined in the statute, “represent” includes any formal or informal appearance before, or any written or oral communication with, any public agency on behalf of any person. “Matter” includes any case, proceeding, application, determination, issue, or question.

If a local fiscal agent, OhioMeansJobs center operator, or provider of career services is competitively selected to serve as the youth program provider, then that entity, along with the local WDB and the chief elected official (CEO) must execute a multi-function agreement, a written agreement per 20 C.F.R. 679.430. The Workforce Innovation and Opportunity Act Policy Letter (WIOAPL) No. 15-18.1, Local Workforce Development Area Governance, outlines the requirements of the multi-function agreement and clarifies the manner in which the selected entity will fulfill each role and separate responsibilities to remain in compliance with WIOA, the WIOA Final Rules, the Uniform Guidance, and with state and local conflict of interest policies. The agreement must include a table of organization to demonstrate a clear separation between those responsible for carrying out program activities from those responsible for oversight.

When there is uncertainty as to whether a conflict exists or whether policies and procedures will effectively address any conflicts, local WDBs may submit requests for opinions to the Ohio Ethics Commission and/or to the Ohio Attorney General. Ohio Ethics Commission Advisory Opinions, Ohio Attorney General Opinions, and instructions on how to request opinions can be found on their websites: http://www.ethics.ohio.gov/advice/index.html and http://www.ohioattorneygeneral.gov/About-AG/Service-Divisions/Opinions.

2.         Procurement Planning

Initial steps in the selection process are to choose the competitive procurement method and to establish a timeline for the completion of the selection process.

In addition to compliance with federal and state procurement requirements and restrictions, local WDBs must consult with the CEO and review local procurement policies and procedures or develop procurement policies and procedures specific to youth program provider selection.

Any entity that is fulfilling more than one role in a local workforce development system must execute a written agreement with the local WDB and the CEO in accordance with 20 C.F.R. 679.430 and WIOAPL 15-18.1.

Procurement Method

WIOA does not provide any restrictions on the frequency of conducting a competitive procurement for the youth program provider. However, contracts must be limited to two-year periods with the option to renew for an additional two years, due to the two-year limit on appropriations per Article II, Section 22 of the Ohio Constitution.

Contract cost and price are subject to the Uniform Guidance (2 C.F.R. 200.323) and paragraph (B)(1) of rule 5101:9-4-07 of the Administrative Code.

The Uniform Guidance (2 C.F.R. 200.320) and rule 5101: 9-4-07.1 of the Administrative Code identify and describe the types of procurement methods that may be used. For purposes of youth program provider selection, the three acceptable procurement methods are as follows:

a.         A competitive sealed bidding process is appropriate when selection can be made primarily based on price and the contract can be a firm, fixed price contract. For this process, an Invitation to Bid document must be developed that includes a comprehensive, clear, and complete description of the services needed. All bids will be opened at the same time. The responsive and responsible bidder with the best price will be selected.

b.         Procurement by competitive proposals is appropriate when selection is based on factors other than price (e.g., qualifications, experience, past performance, etc.). A request for proposals (RFP) document must be developed and must contain a comprehensive, clear and complete description of the services needed, as well as a description of the selection process and the evaluation factors to be used for scoring.

c.         Procurement by non-competition proposals is procurement through solicitation of a proposal from only one source.

Section 123 of WIOA, 20 C.F.R. 681.400, the Uniform Guidance (2 C.F.R. 200.320(f)), and state procurement rules allow non-competitive proposals in certain circumstances. Paragraph (4) of 20 C.F.R. 681.400 states that the local WDB may award grants and contracts on a sole source basis where the local WDB determines that there are an insufficient number of eligible youth program providers in the local area, such as a rural area. No other non-competitive method is allowable. The state does not have the authority to approve waivers of competition for youth program provider selection.

A true sole-source situation is the only exception to the requirement for competitive selection of a youth program provider. The term “sole-source” means only one entity is qualified to fulfill the role of youth program provider in the local area. Written documentation of the entire selection process must be maintained and must demonstrate that sufficient market research and outreach was conducted to justify sole source selection. A cost and/or price analysis must be conducted and documented as well.

Any entity selected on a sole source basis must have the qualifications and capacity to effectively fulfill the role of youth program provider.

A request for review of the sole-source documentation may be submitted to the Ohio Department of Job and Family Services, Office of Contracts and Acquisitions, prior to the execution of the contract. The Deputy Director will assess whether the documentation demonstrates that sufficient efforts were taken by the local WDB to support a sole-source determination.

Small purchase procedures - Under Ohio procurement regulations (rule 5101:9-4-07.1 of the Administrative Code), if a procurement by competitive sealed bids or by proposals to an adequate number of qualified sources is deemed a failed procurement, local WDBs have the option to select a vendor using small purchase procedures.

IV.       Definitions

Chief elected official (CEO): The chief elected executive officers of the units of general local government in a local area.

Comprehensive Case Management and Employment Program (CCMEP): an integrated intervention program that combines the Temporary Assistance for Needy Families (TANF) program and the WIOA Youth program to provide employment and training services to individuals ages 14 through 24 years.

Contract: Defined in the Uniform Guidance (2 C.F.R. 200.22), and reiterated in 20 C.F.R. 675.300, a legal instrument by which a non-federal entity purchases property or services needed to carry out a project or program under a federal award. The term as used in 20 C.F.R. 675.300 does not include a legal instrument, even if the non-federal entity considers it a contract, when the substance of the transaction meets the definition of a federal award or sub award as defined in this section.

Fiscal agent: An entity appointed by a local area’s CEO to be responsible for the administration and disbursement of funds allocated under WIOA for workforce development activities in the local area. Section 107(d)(12)(B)(i)(II) of WIOA maintains that designation of a fiscal agent does not relieve the chief elected officials from liability for misuse of funds.

Lead agency: The entity designated by the board of county commissioners to administer CCMEP.

Local area memorandum of understanding (MOU): Required under section 121(c) of WIOA, it is an agreement negotiated and entered by the local WDB and local partners with the agreement of the CEO in the local area. The MOU describes how the parties will provide services and share costs through the workforce development system.

Local workforce development area: In accordance with Section 106 of WIOA, a jurisdiction designated by the Governor for the administration of workforce development activities delivered through a local workforce development system.

Local workforce development system: The system established in accordance with section 121 of WIOA through which programs funded under WIOA and other workforce programs and services are delivered in the local area.

Local workforce development board: Per section 107 of WIOA, the entity established to set policy and be responsible for administration and oversight of the local workforce development system.

Solicitation: The written procurement document (e.g., Request for Proposals (RFP)) that provides potential bidders with details on the role, responsibilities, requirements, and restrictions of a potential grant or contract award.

Subrecipient: An entity that receives an award from a federal grant recipient to carry out an activity for a public purpose as part of the federal program.

Uniform Guidance: The commonly used abbreviation for the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards codified in 2 C.F.R. Part 200, et seq.

V.        Local Workforce Development Area Requirements

A.        Written Policies and Procedures

The local WDB must have written procurement policies and procedures which are consistent with the Uniform Guidance and with state law and rules. Local WDBs must consult with CEOs and review local procurement policies and procedure to ensure compliance with local requirements.

B.        Selection Planning and Process

Local WDB Decisions Regarding Procurement of Youth Program Services

The local WDB must conduct and document all the following steps:

1.         Consult with the CEO and review procurement policies and procedures or develop procurement policies and procedures specific to youth program provider selection;

2.         Decide whether to allow the CCMEP lead agency to conduct certain, allowable activities and services;

3.         Coordinate with CCMEP lead agency, if the CCMEP lead agency is not planning to bid on the youth program provider proposal;

4.         Choose the WIOA population to be served: only out-of-school youth or both in-school youth and out-of-school youth;

5.         Decide the youth workforce investment activities to be procured: if the youth provider will conduct all activities or just certain activities;

6.         Choose a service delivery methodology:

a.         Area-wide youth provider;

b.         Center-based youth provider; or

c.         Service-based service provider; and

7.         Decide the procurement method: procurement by competitive sealed bids, procurement by competitive proposals; or procurement by non-competitive proposals.

If the local WDB decides to leverage partner resources to provide some readily available program elements, the local WDB must enter into an agreement with the partner organization to ensure that the program element will be offered and that the program element is closely connected and coordinated with the WIOA youth program.

If the local WDB allows the CCMEP lead agency to conduct certain WIOA youth-funded services, the local WDB must document all factors considered when making this decision, including justifications as to how the CCMEP lead agency can more efficiently provide such services, how these services provided by the CCMEP lead agency are the most cost-effective, and any other factors the local WDB took into consideration.

Additionally, by allowing the CCMEP lead agency to conduct certain WIOA youth-funded services, the local WDB must enter a subrecipient agreement with the CCMEP lead agency to conduct such services and activities. This agreement must include all the following:

1.         Authority that will be assigned to the lead agency;

2.         Clear description of each responsibility that will be assigned;

3.         Precluded services and activities; and

4.         Reporting requirements.


Local WDBs must maintain documentation of the selection process from planning through selection and the execution of a contract. Documentation must include:

1.         A written description of the procurement method chosen and the factors that were considered;

2.         Copies of local procurement policies and procedures;

3.         A copy of any conflict of interest policies and procedures;

4.         Copies of any multi-functional agreements;

5.         A copy of the local area code of conduct;

6.         Documentation of the roles and responsibilities to be assigned to the youth program provider, including a description of how the local WDB determined which roles to assign;

7.         Documentation of a cost and/or price analysis;

8.         A copy of the timeline;

9.         A copy of the solicitation (or, if applicable, a copy of the documentation to support sole source selection);

10.       A copy of all questions and responses from the Q&A process;

11.       Copies of all proposals submitted;

12.       Copies of the scoring or proposal review documents;

13.       Copies of the award/denial letters; and

14.       A copy of the resulting contract.


Prior to planning the youth program provider selection process, local WDBs must develop a timeline of a duration sufficient for a fair and open competitive process as well as negotiation and execution of a contract with the selected youth program provider. It is recommended that local WDBs project a date for the selected youth program provider to begin work and to develop the timeline backwards from that date. A starting date of 30 to 60 days prior to that is recommended if it is anticipated that a new youth program provider will be selected. It is important to ensure that a transition from one youth program provider to another does not disrupt service delivery. Timelines should include:

1.         Time for selection process planning;

2.         Development and approval of the solicitation (check local policies to determine what local approvals are needed);

3.         The date the solicitation will be released to the public;

4.         A question and answer period for prospective vendors;

5.         A final deadline for proposal submission;

6.         A time for proposal review and scoring;

7.         A date for notice of award/denial;

8.         A protest period;

9.         Initiation of the contract process (consider chief elected officials’ meeting schedules if the local board isn’t authorized to execute contracts/agreements);

10.       Estimated date of contract execution; and

11.       Date for performance to begin under the contract.


Identify all local resources available to fund the youth program provider. The WIOA Final Rules classify the cost of all functions and activities of subrecipients as program costs (other than subrecipients performing solely administrative functions), so no WIOA administrative funds should be issued to youth program providers unless the administrative funds are converted to program dollars before issuance.

C.        Solicitation and Selection Processes


The solicitation must be developed in accordance with the Uniform Guidance (2 C.F.R. 200.319(c)) and paragraph (B)(3) of rule 5101:9-4-07 of the Administrative Code, as well as local procurement policies. A description of the local WIOA youth program and the role(s), responsibilities, and requirements for the youth program provider must be clearly articulated in the solicitation, some of which include, but are not limited to:

1.         The role of the youth program provider as defined by the local WDB and as described in WIOA and the Final Rules;

2.         A description of the management structure between the local WDB and the youth program provider;

3.         A description of the authority that will be assigned to the youth program provider;

4.         A clear description of each responsibility that will be assigned to the youth program provider;

5.         Number of staff required to operate the youth program, identifying:

a.         The number of any partner staff fulfilling some responsibilities under the local MOU;

b.         Any classifications/positions considered “key personnel” that competing entities must identify in their proposals; and

c.         Qualifications (education and/or experience) that key personnel or other staff must have; and

6.         Links to state and local WIOA plans;

7.         Technological resources, such as the Ohio Workforce Case Management System (OWCMS), OhioMeansJobs.com, any local systems, business networking software, or online testing sites that the Operator will use;

8.         Precluded activities for youth program provider;

9.         Accessibility requirements—including those under Section 188 of WIOA, the state's Equal Employment Opportunity (EEO) provisions, and the Americans with Disabilities Act (ADA);

10.       Procurement requirements and restrictions (if youth provider will be assigned to procure any goods or services). A youth program provider is subject to the same federal, state, and local procurement rules, regulations, and policies to which the local WDBs are subject under WIOA and the Uniform Guidance. Therefore, the youth program provider must enlist a competitive process to procure any subcontractors;

11.       Pursuant to section 502 of WIOA, agreement that the youth program provider will comply with sections 8301 through 8303 of the Buy American Act;

12.       Safety and security policies and procedures;

13.       Federal and state conflict of interest laws, regulations, and policies, as well as the local code of conduct;

14.       Local performance measures if any have been defined for the youth program provider;

15.       Reporting requirements, including expectations of the local WDB to receive updates and information;

16.       Federal and state confidentiality laws and regulations as well as local data security procedures; and

17.       Requirement for affirmations that vendors are not debarred under federal law and are qualified to conduct business in the State of Ohio.

Budget Guidelines

Identify budget line items based on the roles and responsibilities that will be assigned to the youth program provider. Budget costs must be consistent with the Uniform Guidance, Section 184 of WIOA, and 20 C.F.R. 683.

Cost and/or Price Analysis

Under both federal and state procurement guidelines, a cost and/or price analysis must be conducted for every procurement that exceeds the federal small purchase acquisition threshold (currently $150,000) and for every selection made on a sole-source basis.

At a minimum, local WDBs must conduct market research and develop estimates of costs before issuing the solicitation. Research can include a review of current and previous actual costs for a youth program provider.

A template should be provided for competing entities to use for the submission of their cost proposals to ensure consistency with the MOU budget template.

Non-profit entities will be required to treat any income as program costs. For-profit entities must negotiate any profit as a separate cost item for transparency.

VI.       State Requirements

The State has established WIOAPL No. 15-18.1 that includes provisions to address conflicts of interest and multi-function agreements.

The State will review procurement policies, codes of conduct, and related procedures on request to assess compliance and to make recommendations for revisions, as appropriate.

The State will conduct and provide technical assistance to local WDBs, as needed (e.g., training) for the procurement of youth program providers.

VII.      Monitoring

Oversight and monitoring is an integral function of the local WDBs and must be conducted to ensure that the providers of CCMEP WIOA youth-funded services comply with the requirements of WIOA, the activities in the scope of work, performance reporting requirements, and the terms and conditions of the contract governing the youth program provider as well as the agreement with the CCMEP lead agency, if applicable. In addition to routine monitoring and oversight, local WDBs are encouraged to include a review of procurements and performance of youth program providers as part of contract extensions.

Through the state's monitoring system, monitors will review the local WDB's procurement process during the annual onsite monitoring review for compliance with federal and state laws and regulations. Any issues will be handled through the state's monitoring resolution process.

VIII.     Technical Assistance

Ongoing support, guidance, training and technical assistance on the development of the workforce system are available to all local areas.

Requests for technical assistance may be sent to the Grants Unit at ODJFS, Office of Workforce Development: OWDGRANTS@jfs.ohio.gov.

IX.       References

Workforce Innovation and Opportunity Act, §§123 and 188, Public Law 113-128.

20 C.F.R. §§ 675.300, 679.430, and 681.400.

2 C.F.R. §§ 200.319(c), 200.318 to 326.

Ohio Constitution, Article II, Section 22.

O.R.C. §§ 102.03, 124.57, and 2921.42.

O.A.C. §§ 5101: 9-4-04, 5101:9-4-07, 5101: 9-4-07.1.

USDOL, Training and Employment Guidance Letter WIOA No. 21-16, Operating Guidance for Workforce Innovation and Opportunity Act (WIOA), Third Workforce Innovation and Opportunity Act (WIOA) Title I Youth Formula Program Guidance, (March 2, 2017).

USDOL, Training and Employment Guidance Letter WIOA No. 23-14, Operating Guidance for Workforce Innovation and Opportunity Act (WIOA), Workforce Innovation and Opportunity Act (WIOA) Youth Program Transition, (March 26, 2015).

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-18.1, Local Workforce Development Area Governance, (January 30, 2017).