I. Purpose
The purpose of this policy is to outline the requirements for procurement
of the youth program provider.
II. Effective
Date
Immediately
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.
Documentation
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.
Timeline
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.
Funding
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
Solicitation
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).