Employment EDD Development Department Workforce Services ATIACHMENT 1 Request for Approval to be America's Job Center of California 5 M Operator Local Workforce Development Board .------------------------------- -- -------------------------------- ----- --------------- ----- ------------------- ----···· ·· ····· ·· ·········· ·--------------------------------- -- i City of Richmond Local Workforce Development Area , ------ -------------------------------- ------------- ---------------------------------------------------------------------------------- --- -------------- -------------- ----- ------------ --- -- ---------- 1 City of Richmond
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Request for Approval to be America's Job Center of California
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~ Employment
EDD Development Department
~ Workforce Services
ATIACHMENT 1
Request for Approval to be America's Job Center of California5
M Operator
Local Workforce Development Board .------------------------------- -- -------------------------------- ------------------------- -----------------------···· ·· ················· ·----------------------------------- --------------------- ~
i City of Richmond
Local Workforce Development Area ,---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -- ----------
1 City of Richmond
The Workforce Innovation and Opportunity Act (WIOA) allows Local Workforce Development Boards (Local Boards) to be an America's Job Center of California5
M (AJCC) Operator, with the agreement of the Chief Elected Official (CEO) and the Governor. In order to be considered, the Local Board or administrative entity must have successfully participated in a competitive process, or provide substantial documentation that they meet one of the exceptions for sole source procurement.
This application will serve as the Local Board's or administrative entity's request for Governor's approval to be an AJCC Operator within a Local Workforce Development Area (Local Area) under WIOA. The application and required supporting documentation must be submitted to the California Workforce Development Board (State Board) by March 1, 2017, through one ofthe following methods:
Mail
Overnight Mail/ Hand Deliver
California Workforce Development Board P.O. Box 826880 Sacramento, CA 94280-0001
California Workforce Development Board 800 Capitol Mall, Suite 1022 Sacramento, CA 95814
If the State Board determines the request is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this request.
City of Richmond Name of Local Board
330- 25th Street Mailing Address
Richmond CA City, State Zip
Sal Vaca Contact Person
510-307-8023 Contact Person's Phone Number
March 1, 2017 Date of Submission
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Request for Approval to be
America's Job Center of CaliforniasM Operator
Section 1 -Type of Procurement
1. What type of procurement was used by the Local Board or administrative entity?
DCompetitive IZI Sole Source
2. If Sole Source, did the Local Board or administrative entity offer an open, competitive procurement prior to Sole Source?
IZ!Yes DNo
3. If Sole Source, identify the reason(s) for using this procurement method:
D The AJCC Operator services are only available from a single source.
D A public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. IZI After solicitation of a number of sources, competition was determined inadequate.
Section 2 - Documentation Requirements for Competitive Procurement
1. A description of the AJCC Operator. a. Will the Local Board or administrative entity be the only AJCC Operator or act as a member
of a consortium? If part of a consortium, include a list of the other consortium members. The Richmond Workforce Development Board (RWDB) administrative entity will be the only AJCC Operator for the City of Richmond Local Area.
b. Is there more than one comprehensive AJCC in the Local Area? If so, will the Local Board or administrative entity act as the operator for all of them? If not, list which ones the Local Board will act as operator for and who will be the operator for the others. No, there is only one comprehensive AJCC within the Richmond Local Area.
2. Documentation of local internal controls, conflict of interest, and firewalls policies adhered to during the AJCC Operator procurement process. Attached in Exhibit 2 are the requested policies. 2-A. Conflict of Interest Policy 2-B. RWDB Procurement Policy & Procedures
3. Documentation of the procurement process, including but not limited to, preparation of the request for proposal, public notices, receipt of bids/letter of intent, public bid/proposal meetings, evaluation, comparison, protest letters, and award notice/contract. In addition, provide a timeline that includes the date and staff name, organization, and title involved in each step of the selection process. Attached in Exhibit 3 are the requested procurement processes used in preparation of the request to provide AJCC Operator services for the RWDB. 3-A. AJCC Operator Procurement Process Timeline 3-B. Request for Proposal- AJCC Operator 3-C. Bids on Line Report for RFP solicitation 3-D. RFP solicitation results/outcome
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3-E. Sole Source Documents 3-F. Public Notice Information
4. Identification of other entities in the Local Area that could be the AJCC Operator and the rationale for not selecting them. Per the information received from the City of Richmond Finance/Purchasing division, there were no bids received for the RFP solicitation. This outcome led the Chief Elected Official and WDB to determine that there were no other entities in the local area willing to provide this service.
5. Copy of the Local Board's or administrative entity's bid/proposal.
The RWDB did not participate in the bid/proposal process for RWDB AJCC Operator.
6. A written description of the following operational topics. a. Specify the role{s} of the Local Board or administrative entity as the AJCC Operator{s} {i.e.,
coordinating service providers, primary provider of services, and coordinating activities throughout the AJCC system}. If the Local Board or administrative entity is part of a consortium, provide each assigned role and the related responsibilities for each entity in the consortium. The RWDB administrative entity provides oversight and direction for the delivery of services for the AJCC in Richmond: • Administration • Policy making • Leadership • Decision making The roles of the AJCC Team Leader and the Site Manager are responsible for coordinating service delivery among all AJCC partners and service providers and ensuring that partner responsibilities and contributions stated in the MOUs are being met. The AJCC Site Manager provides regular reports on operations, performance and continuous improvement to the Project Coordinator who is directly involved with the RWDB administrative entity and who makes sure that local, state and federal policies are adhered to.
b. How will the Local Board or administrative entity distinguish its roles and responsibilities between serving as the AJCC Operator and governing body over the Local Area? The RWDB administrative entity's role is charged with the responsibility of adhering to the organizational structure for its AJCC system. Roles and responsibilities are defined and distinguished in the RWDB administrative entity policy manual which ensures a sound operation.
c. How does this structure demonstrate the Local Board's or administrative entity's ability to successfully operate the AJCC system while also providing leadership for the entire Local Area and AJCC system? The RWDB's administrative entity ensures a proven seamless successful delivery of services for the AJCC system in Richmond. The AJCC has a Team Lead and Site Manager who oversee the functional operations which includes WIOA Title I and Title II, Wagner-Peyser and Vocational Rehabilitation. Establishment of goals and objectives are provided from a Project Coordinator who takes direction from the Executive Director of the RWDB administrative entity; the Project Coordinator provides guidance and leadership by regularly holding meetings with operational staffto track services and to ensure goals and objectives are met. The RWDB's administrative
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entity and the Project Coordinator addresses management and fiscal accountability through a variety of checks and balances, policies, monitoring and audits (internal and external) that give performance feedback. Performance measures are reviewed by the RWDB's administrative entity to ensure the highest level of performance outcomes are achieved simultaneously ensuring expenses directly result in maximum efficiency.
d. How will this structure deliver the highest performance outcomes for the Local Area? City of Richmond single audit The AJCC structure is specifically designed to allow the RWDB administrative entity to exercise its responsibilities in a way that facilitates its fiduciary policy and goal setting and results based monitoring. The responsibilities of service delivery implementation are assigned to the AJCC with the responsibilities of program design, budgeting, auditing and monitoring all assigned to the Project Coordinator, Finance, MIS units. These three units report and make recommendations to the RWDB Executive Director with the final approval of policies to the full RWDB. This structure has a proven track record as indicated by being state certified as a "High-Performing WDB" over the years.
e. How will the Local Board or administrative entity maintain focus on strategic planning and accountability? Strategic planning and accountability is strictly performed by the RWDB administration that comprises of the Board, Executive Director, and Project Coordinator, which includes input from both the Finance and MIS units. The AJCC operations are not involved in strategic planning and accountability. The AJCC is also physically separated by floor levels from the RWDB administrative entity thereby clearly defining a physical separation and involvement.
Section 3- Documentation Requirements for Sole Source Procurement Please note: The discussion and thought process that went into determining the Competitive Bid process were very similar to those of developing the requirements for the Sole Source Procurement. Therefore, be advised that the answers for this section, question #6 mirror the answers for Section 2 questions #5.
1. A justification for whichever exemption mentioned above the Local Board or administrative entity feels they fall under in order to use Sole Source. As previously stated, there were no bids received for the RFP solicitation for AJCC Operator services therefore the local area determined that the sole source process was the best method to maintain the existing level of services in the Richmond local area. Also, the current WDB administrative entity has a proven track record of meeting and exceeding all requirements to remain the WIOA AJCC Operator for the Richmond local area.
2. A description of the AJCC Operator. a. Will the Local Board or administrative entity be the sole AJCC Operator or act as a member
of a consortium? If part of a consortium, include a list of the other consortium members.
The Richmond WDB administrative entity will be the sole AJCC Operator for the Richmond local area.
b. Is there more than one comprehensive AJCC in the Local Area? If so, will the Local Board or administrative entity act as the operator for all of them? If not, list which ones the Local Board or administrative entity will act as operator and who will be the operator for the others.
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There is only one comprehensive AJCC in the Richmond local area, RichmondWORKS.
3. An analysis of market conditions and other factors that lead to the determination for utilizing Sole Source. RWDB's administrative entity is acknowledged to be the leader in its field of expertise as demonstrated by a long lasting historical entity in the Richmond community as well as demonstrated by meeting and exceeding performance measures throughout the years. Plus, no other source applied resulting in no availability of competitive contractors in the market. Therefore RWDB's administrative entity is the only one responsible source and no other services will satisfy the City's requirements; services are also deemed for the best interest of the public/Richmond community.
4. Copies of internal controls, conflict of interest, and firewall policies. Attached in Exhibit 2 are the requested RWDB policies. 2-A. Conflict of Interest Policy 2-B. Procurement Policy & Procedures 2-C. Incident Reporting Policy
5. Provide a written description of the following operational topics:
a. Specify the role(s) of the Local Board or administrative entity as the AJCC Operator(s) (i.e., coordinating service providers, primary provider of services, and coordinating activities throughout the AJCC system). If the Local Board or administrative entity is part of a consortium, provide each assigned role and the related responsibilities for each entity in the consortium. The RWDB administrative entity provides oversight and direction for the delivery of services for the AJCC in Richmond: • Administration • Policy making • Leadership • Decision making The roles of the AJCC Team Leader and the Site Manager are responsible for coordinating service delivery among all AJCC partners and service providers and ensuring that partner responsibilities and contributions stated in the MOUs are being met. The AJCC Site Manager provides regular reports on operations, performance and continuous improvement to the Project Coordinator who is directly involved with the RWDB administrative entity and who makes sure that locat state and federal policies are adhered to.
b. How will the Local Board or administrative entity distinguish its roles and responsibilities between serving as the AJCC Operator and governing body over the Local Area? The RWDB administrative entity's role is charged with the responsibility of adhering to the organizational structure for its AJCC system. Roles and responsibilities are defined and distinguished in the RWDB administrative entity policy manual which ensures a sound operation.
c. How does this structure demonstrate the Local Board's or administrative entity's ability to successfully operate the AJCC system while also providing leadership for the entire Local Area and AJCC system? The RWDB administrative entity has a long standing successful proven practice of serving as the AJCC Operator and governing body over the local area. Internal controls and measures
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have been established to ensure and effective firewall between the RWDB administrative entity function and the AJCC Operator function.
d. How will this structure deliver the highest performance outcomes for the Local Area? The AJCC structure is specifically designed to allow the RWDB administrative entity to exercise its responsibilities in a way that facilitates its fiduciary policy and goal setting and results based monitoring. The responsibilities of service delivery implementation are assigned to the AJCC with the responsibilities of program design, budgeting, auditing and monitoring all assigned to the Project Coordinator, Finance, MIS units. These three units report and make recommendations to the RWDB Executive Director with the final approval of policies to the full RWDB. This structure has a proven track record as indicated by being state certified as a "High-Performing WDB" over the years.
e. How will the Local Board or administrative entity maintain focus on strategic planning and accountability? Strategic planning and accountability is strictly performed by the RWDB administration that comprises of the Board, Executive Director, and Project Coordinator, which includes input from both the Finance and MIS units. The AJCC operations are not involved in strategic planning and accountability. The AJCC is also physically separated by floor levels from the RWDB administrative entity thereby clearly defining a physical separation and involvement.
6. Evidence that the request for approval of the Local Board or administrative entity to be an AJCC
Operator through Sole Source was made available to the public for at least 30 days. Submit copies
of comments received.
Attached in Exhibit 6 is the requested proof of 30-day public notice and any subsequent comments
received regarding the WDB AJCC Operator procurement via sole source.
7. Views expressed by the local WIOA mandatory AJCC partner programs. Submit copies of any letters
of support, disagreement, or other views received.
Attached in Exhibit 7 are the responses received by staff from RWDB Core Program Partners regarding
the Sole Source procurement for the Richmond AJCC Operator Services.
8. Attach documentation (signed and dated letter) that the members of the Local Board and other relevant parties (e.g., Board of Supervisors) reviewed the information provided in the application and approved its contents in a public meeting. Attached in Exhibit 8 is the requested documentation. 8-A. RWDB public notice, agenda, minutes and sign-in sheet from the 2/24/17 meeting.
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Signature Page
By signing below, the local CEO and Local Board chair request approval from the Governor to be designated as an AJCC Operator. Each party certifies that this application submission was reviewed and demonstrates that the Local Board met all the requirements to be designated as the AJCC Operator of the Local Area under WIOA law and regulations.
Instructions- The Local Board chair and local CEO must sign and date this form. Include the original signatures with the request.
Local Workforce Development Board Chair Local Chief Elected Official
Signature Signature
Cassandra Youngblood Tom Butt Name Name
Richmond Board Chairperson Mayor Title Title
February 24, 2017 February 27, 2017
Date Date
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EXHIBIT 2-A
Policy Number ETPOS-11 0116 OPERATIONS BULLETIN WORKFORCE INNOVATIONS
AND OPPORTUNITY ACT WIOA Revision Approval DATE: 01/19/2017 Code of Conduct & Conflict of Interest Policy
Pg. 1 of 4
CODE OF CONDUCT & CONFLICT OF INTEREST POLICY
The City of Richmond Workforce Development Board (RWDB) is committed to maintaining the highest standards of ethical conduct and to guard against problems arising from real, perceived, or potential conflicts of interest. All WDB partners at all levels of participation in the Richmond Workforce Development System funded by the Workforce Innovation and Opportunity Act (WIOA) are expected to read, understand and apply this policy to ensure system integrity and effective oversight of the Richmond Workforce Development System.
REFERENCES: • Public Law 113-128 Section 1 07(h)- Local Board Conflict of Interest • Public Law 113-128 Section 121 ( d)(4) - One-Stop Operators • Public Law 113-128 Section 194(5)and(6)- Charging of Fees and Political Patronage • 20 CFR 679.430, 679.130(f) (1)-(3)- Certification of One-Stops • 20 CFR 679.41 O(a) (3) and (c)- Local board must avoid inherent conflict of interest • 20 CFR 679.430- Entities performing multiple functions • 29 CFR 93. and Public Law 113-128 Section 195 - New Restrictions On Lobbying • 20 CFR 683.200(c)(5)- Administrative Rules, Costs, Limitations- Title I WIOA and • Wagner-Peyser • 2 CFR Part 200.112 and 200.318 and Part 2900- Office of Management and Budget Uniform
Guidance on administrative, cost, and audit provisions for federal grants • California Political Reform Act- 2015. Code of Regulations, Title 2, Division 6 (Sections 18110-
18997) • City of Richmond, Resolution #121-15
BACKGROUND:
Grantees, sub-recipients and contractors funded under WIOA must implement codes of conduct and conflict of interest policies and procedures as stipulated in WIOA law, regulations and guidance; Office of Management and Budget (OMB) Circulars; State regulations; State WIOA policies and Local Government Resolution. A conflict of interest policy is required to ensure that individuals or representatives of organizations entrusted with public funds will not personally or professionally benefit from the award, administration, or expenditure of such funds.
CODE OF CONDUCT
During the performance of duties, your actions are a reflection upon the City of Richmond Workforce Development Board as well as a reflection upon you. It is extremely important that all RWDB member, its staff, sub-recipients, contractors and RichmondWORKS Partners act in a courteous, friendly, helpful and prompt manner in dealing with the public, customers and officials.
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Ethical Principles:
• Compliance with the Law: It is the RWDB policy to be knowledgeable of and comply with all applicable laws and regulations of the United States, State of California, and the City of Richmond in a manner that will reflect a high standard of ethics. Compliance does not comprise one's entire ethical responsibility; rather it is a minimum, and an essential condition for adherence to mission and duties.
• Professional Standards: It is the RWDB policy that its representatives be knowledgeable of emerging issues and professional standards in the field and conducts themselves with professional competence, fairness, efficiency and effectiveness.
Guidelines for Interpretation:
Areas of concern are those actions or lack of actions which may lead to conflict of interest or the appearance of conflict of interest or to a perception of unfairness related to RWDB business outside board meetings. Specific areas which may pose problems include but are not limited to, comments made in public, information sharing, and disclosure of associations.
Comments Made in Public: RWDB members and its staff are encouraged to act in a public relations capacity for the RWDB. This includes public speaking engagements and comments in a public forum. Because there is interest in RWDB actions, members should differentiate between descriptive comments, which relate to actions already taken by the board, and statements, which imply future RWDB decisionmaking, or the ability to influence decision-making. Information Sharing: RWDB members and its staff are encouraged to share information with the community about RWDB activities. To the extent possible, access to information regarding procurement of services should be available at the same time and under the same circumstances to all parties. Such information includes the Operations Plan, request for proposals, notice of meetings, meeting minutes, and policies. Disclosure of Associations: RWDB members and staff have professional and personal associations throughout the community. Such associations have been and will continue to be of significant benefit to the RWDB. Where a direct or indirect financial conflict of interest exists, a RWDB member may not vote or serve on a rating team. When associations raise appearance of fairness as an issue, RWDB members and its staff should qualify statements in public by disclosing the association and minutes of the meeting should reflect the disclosure.
CONFLICT OF INTEREST
1. Each WIOA grant recipient and sub-recipient must maintain a written code of standards or conduct governing the performance of persons engaged in the award and administration of WIOA contracts and sub grants. The RWDB, its staff and sub-recipients shall avoid organizational conflict of interest, and appearance of conflict of interest in awarding financial assistance, and in the conduct of procurement activities involving funds under WIOA.
2. The RWDB, its staff or sub-recipients shall not pay funds under WIOA to any nongovernmental individual, institution or organization to conduct an evaluation of any program under the Act if such individual, institution or organization is associated with that program as a consultant or technical advisor.
3. The RWDB, its staff or sub-recipients shall maintain a written code of standards of conduct governing the performance of persons engaged in the award and administration of WIOA contracts and provider agreements.
4. The RWDB, its staff and sub-recipients shall ensure that no individual in a decision making capacity including the Richmond Workforce Development Board members (whether compensated or not)
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shall engage in any activity, including participation in the selection, award, or administration of a provider agreement or contract supported by WIOA funds if a conflict of interest, real or apparent, would be involved. Such conflict would arise when the individual; any member of the individual's immediate family; the individual's partner; or an organization that employs, or is about to employ, any of the above has a financial or other interest in the firm or organization selected for award.
5. The officers, employees, or staff of the City of Richmond or members of the Richmond Workforce Development Board making the award will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to provider agreements.
6. To the extent permitted by State or local law or regulation, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the awarding agency's officers, employees, or agents, or by contractors or their agents.
7. In accordance with the requirements at 2 CFR 200.112, recipients of Federal awards must disclose in writing any potential conflict of interest to the Department of Labor. They must also disclose in writing any potential conflict of interest to the recipient of grant funds. WIOA Regulations, 20 CFR Part 683.200.
8. No individual may be placed in a WIOA employment activity or receive WIOA services directly if that person's immediate family is directly supervised by or directly supervises that individual. (WIOA Regulations, 20 CFR 683.200). In regards to immediate family relationships and when the perception of nepotism exists, the Richmond Workforce Development Board service providers will use prudent judgment and refer the individual to other staff or another service provider as appropriate.
9. In accordance with the California Political Reform Act, all actual and potential conflicts of interests shall be disclosed by RWDB members to the City of Richmond, City Council through the annual disclosure form 700 Statement of Economic Interests and/or to the Board whenever a conflict arises. Disinterested members of the RWDB Executive Committee shall make a determination as to whether a prohibited conflict exists and what subsequent action is appropriate (if any). The RWDB Executive Committee shall inform the Board of such determination and action. The Board shall retain the right to modify or reverse such determination and action, and shall retain the ultimate enforcement authority with respect to the interpretation and application of this policy.
10. On an annual basis, all RWDB members shall be provided with a copy of this policy and required to complete and sign the form 700 Statement of Economic Interests. All completed forms shall be provided to and reviewed by the City of Richmond, City Clerk's Office, as well as all other conflict information, if any, provided by Board members.
DEFINITIONS
Conflict of Interest- Conflict between the official responsibilities and the private interests of a person or entity that is in a position of trust. A conflict of interest would arise when an individual or organization has a financial or other interest in or participates in the selection or award of funding for an organization. Financial or other interest can be established either through ownership or employment.
Immediate Family - Immediate Family consists of the individuals wife, husband, children, aunt, uncle, niece, nephew, daughter-in-law, son-in-law, parents, grandchildren, mother-in-law, father-in-law, brotherin-law, sister-in-law, grandparents, step-grandparents, spouse's grandparents, spouse's stepgrandparents, step-children, step-parents, brothers and sisters, and step-brothers and step-sisters of the customer.
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Individual - (1) an individual; i.e., officer, or agent, or (2) any member of the individual's immediate family (spouse, partner, child, or sibling), or (3) the individual's business partner.
Organization - A for-profit or not-for-profit entity that employs, or has offered a job to, an individual defined above. An entity can be a partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or a sole proprietor.
The purpose of these procurement policies and procedures is to describe the processes to be used to select providers or vendors, and/or to purchase employment and training activities, services, programs, or equipment under the direction of the City of Richmond Workforce Development Area (LWDA).
II. Policy
The City of Richmond Workforce Development Board shall conduct all procurements in compliance with federal and state regulations governing the Final Rule of the Workforce Innovation and Opportunity Act (WIOA or the Act). All provisions of the WIOA Proposed Rule became effective July 1, 2015. All WIOAfunded programs and activities must comply with applicable provisions in the Final Rule.
Further, the City of Richmond LWDA shall conduct all procurements in compliance with the Final Rule governing Workforce Innovation and Opportunity Act grant provisions.
Controlling Legislation - Federal, State, and Local Requirements a) Workforce Innovation and Opportunity Act of 2014 b) Workforce Innovation and Opportunity Act, Final Rule, 20 Codes of Federal Regulations (CFR), Parts
676, 677, and 678c) d) Specific References, including but not limited to:
i. Department of Labor Employment & Training Administration, WIOA, 20 CFR 601, 651 , 652 et al. ii. WIOA Title I Funds CFR 683.200 - Fiscal and Administrative Rules iii. WIOA Title 2 CFR Part 200 and 2900 iv. 29 CFR 95.17 (Certifications and Representations) v. 29 CFR 95.13 (Debarment and Suspension) vi. 29 CFR Part 37; 20 CFR 667.275- (Non-discrimination) vii. 29 CFR Part 95, Appendix A (7)- (Lobbying); 20 CFR 683.200 (e) viii. Property Management- 29 CFR 95.34 & 97.32 (Equipment)
29 CFR Parts 95.Section 95.40-48 Procurement Standards, Including 29 CFR 95.44 (d) & 97.36 (b) (8); 20 CFR 641.881 -(Procurement Procedures and Awards to Responsible Contractors) 29 CFR Part 98.600; 20 CFR 683.200 (d)- (Drug Free Workplace) 29 CFR Part 37, Section 37.6; 20 CFFR 667.275 (non- sectarian activities)
e) DOL, TEGL 15-14, Subject: Implementation of the New Uniform Guidance Regulation , (12/10/14) f) The following directives contain additional guidelines. The directives, including references and
attachments, also shall govern the City of Richmond LWDA procurement process under WIOA.
EDD Directive WSD 14-13, April 29, 2015 - Subject: Property - Prior Approval, Purchasing, Inventory, and disposal.
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EDD Directive WSD 12-10, November 30, 2012- Procurement of goods and services. Specifically, this directive includes policy, procedures, definitions and information regarding procurement. In addition, this directive provides guidelines for the proper use of federally owned property, equipment, and supplies.
EDD Directive WIOA D01-16, April 15, 2002 - Procedures governing the establishment and operation of the Eligible Training Provider List (ETPL) in California (with six attachments, including preliminary policy and procedures)
EDD Directive WIOAD00-2, August 24, 2000 - Combined state and federal guidance regarding the procurement of goods and services EDD Directive WIOAD01-21, June 25, 2002 -Nondiscrimination and Equal Opportunity Procedures
The City of Richmond LWDA shall conduct procurement of employment and training activities, goods, services, and programs, including the selection of consultants, vendors, and providers through an open and competitive process (29 CFR, 95.43, 97.36, and WIOA Directive WSD 12-10). It is the policy of the City of Richmond LWDA to allow the City of Richmond Finance Department (RFD) purchasing division to evaluate all proposals submitted to the agency for the purpose of maintaining clear firewalls and alleviating any potential conflict of interest.
The LWDA, in association with EastBay Works, shall develop and maintain a local Eligible Training Provider List, based on requirements in Section 122 of the Workforce Innovation and Opportunity Act and on initial eligibility criteria and procedures set forth in EDD Directive WIOAD01-16. Locally obtained training provider data shall be transmitted to the Workforce Development Division via the CaiJOBS Data Tracking System for inclusion on the statewide ETPL. The LWDA shall follow subsequent eligibility procedures (to be delineated in future EDD directives).
The LWDA, in association with the City of Richmond Finance Department purchasing division, shall develop and maintain a list of qualified vendors and consultants for delivery of Individual and/or Training, Services and programs, under WIOA guidelines of WIOA grant provisions.
The City of Richmond Local Workforce Development Area (LWDA) may use LWDA approved Qualified Vendor Lists developed by other workforce areas and the City of Richmond. All pre-qualified lists of persons, firms, or other organizations that are used in acquiring goods and services shall be current and include sufficient numbers of qualified sources to ensure open and free competition. All unsolicited proposals (including ETPL applications) submitted for consideration will be reviewed on a periodic basis. Recommendations for nomination to the ETPL or inclusion on a Qualified Vendor List will be presented to the Board for approval following proposal evaluation.
Non-ETPL formal procurement processes shall be conducted at intervals not to exceed three fiscal years, unless waived by State directive.
Procurements shall be conducted as often as necessary to meet the needs of participants and the requirements of the One-Stop delivery system.
All procurements shall be conducted in such a manner as to ensure open and free competition (29 CFR 95.43 and 97.36 (c)). The City of Richmond procurement practices encourages the utilization of small businesses, minority-owned firms, and women's business enterprises whenever possible.
The City of Richmond LWDA shall conduct all procurements in accordance with its Conflict of Interest Policy.
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In addition, City of Richmond LWDA procurements shall conform to the purchasing standards of the City of Richmond (attachment A). If a policy conflicts with Federal or State regulations, policies, or directives, the more restrictive policy shall take precedence over City standards.
Procurement records for each funding period shall be retained for three years following the date on which the City of Richmond LWDA submits its final expenditure report for that funding period. Records for non-expendable property shall be retained for three years after final disposition of the property.
Ill. Definitions
Acquisition - is the act of acquiring goods and services for the use of governmental activity through purchase, rent, or lease. This includes the establishment of needs, description of requirements, selection of procurement method, selection of sources, solicitation of procurement, solicitation for offers, award of contract, financing, contract administration, and related functions.
Award/Agreement - a duly executed and legally binding contract; the act of agreeing; a contract, grant, subcontract, sub-grant or other type of legal instrument.
Bid or Bidding - an offer to contract with the State submitted in response to a bid invitation issued by the Employment Development Department (EDD) or an issuing entity.
Bidder's Conference - an open exchange between purchasers (e.g. EDD) and vendors (bidders) to help ensure a clear understanding of contract requirements.
Competitive Bidding- is the process of inviting and obtaining bids from competing sources in response to advertised competitive specifications, by which an award is made to the lowest and best bidder meeting the specifications. The process contemplates giving potential bidders a reasonable opportunity to bid, and requires that all bidders be placed on the same plane of equality. Each bidder must bid on the same advertised specifications, terms, and conditions in all the items and parts of a contract. The purpose of competitive bidding is to stimulate competition, prevent favoritism, and secure the best goods and services at the lowest practicable price, for the benefit of the State.
Contract- an agreement to do or not to do a certain thing (Civil Code 1549). It gives rise to an obligation or legal duty enforceable in an action at law (Civil Code 1428). Contract and Agreement are used interchangeably in the State Contracting Manual (SCM). A contract sets forth terms, conditions, and the statement of work to be performed. Basic Career Services - are available to all. There are no eligibility requirements. Basic Career Services include: Orientation to One-Stop resources; Initial assessment Job search assistance; Unemployment Insurance claim information; Labor market information; Support services and referrals; ETPL and performance information on training providers.
Cost Analysis - According to the regulations, each recipient and sub-recipient shall perform either a cost or price analysis in connection with every procurement action (29 CFR 97.36 and 94.45), including modifications (except those that have no monetary impact). A cost analysis is the element-by-element examination of the estimated or actual cost of contract performance to determine the probable cost to the vendor. This is a more detailed and costly method than price analysis in terms of both time and manpower. When a bidder or current contractor is required to submit a cost breakdown for a proposed program, the City of Richmond LWDA will perform a cost analysis.
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Disabled Veteran Business Enterprise (DVBE) - a business that is at least fifty-one percent (51%) owned by one or more disabled veterans or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by such individuals, and whose management and daily business operations are controlled by one or more of such individuals.
Eligible Provider (WIOA Title I, Subtitle A, Section 101) -the term 'eligible provider', used with respect to: Training services- means a provider who is identified in accordance with Section 122(e)(3); Individual career services - means a provider who is identified or awarded a contract as described in Section 134( d)(3)(B); Youth activities- means a provider who is awarded a grant or contract as described in Section 123; or Other Workforce Innovation and Opportunity Activities - means a public or private entity selected to be responsible for such activities, such as a one-stop operator designated or certified under Section 121(d).
Entity - the grant recipient or other organization responsible for administering the program's funds in the local area. The City of Richmond is the grant recipient for the City of Richmond Workforce Development Board.
Equipment (Goods) - defined as tangible, nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, including costs related to the property's final intended use. Purchases of equipment require prior approval from the State.
Failed Competition -- Competitive proposals processes normally entail more than one source submitting an offer, as a result of which, either a fixed-price or cost-reimbursement type award is made. Two responsive proposals for the same scope of work and service area (training course or program) should be received in response to a Request for Proposal. If only one responsive proposal is received, then there has been a failed competition, and the City of Richmond LWDA has the option to re-open the procurement or to enter into a sole source procurement, in which case the standards of a noncompetitive negotiation must be satisfied. For a description of the Noncompetitive Proposal Process, see Sole Source Procurement Process under Methods of Procurement in Section IV.
Grantee - the direct recipient of grant funds from the DOL. Some documents refer to a grantee as a recipient or sub-recipient. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document.
Individual Career Services - are intended for adults unable to obtain or retain employment through Basic Career Services. Individual Services include: Comprehensive assessment; Development of an individual employment plan; Career planning counseling; one-on-one career planning; Short-term vocational services to prepare individuals for training or; unsubsidized employment; Development of learning skills; Communication skills; Interviewing skills; Punctuality; Personal maintenance skills; Professional conduct.
Invitation for Bid (IFB) - a type of solicitation document, used in a formal competitive bidding process, which contains a precise statement and complete specification of what the agency is attempting to purchase. Qualifying bidders compete solely on the basis of cost.
Methods of Procurement - Procurement methods can be divided into two main categories: competitive and non-competitive proposal processes. Those categories are further subdivided to describe various types of procurement processes. (See Methods of Procurement in Section IV.)
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Price Analysis - is the process of exam1n1ng and evaluating a proposed price without evaluating its separate cost elements and proposed profit. This process determines whether the price is fair and reasonable. A price analysis may be performed in lieu of a cost analysis in situations where it has been determined there is inadequate price competition, or in applicable sole source procurements, or when the program/course pricing structure warrants it.
Procurement - all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout.
Proposal - an offer made by one party to another as a basis for negotiations, prior to the creation of a contract.
Postsecondary Educational Institution - The term means an institution of higher education, as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088).
Private Postsecondary Educational Institute - defined in the California Education Code Section 94302(w) as " ... any person doing business in California that offers to, or provides, for a tuition, fee, or other charge, any instruction, training, or education primarily to people who completed or terminated their secondary education or are beyond the age of compulsory high school attendance."
Recipient- (Title 29 CFR, Part 37) means any entity to which financial assistance under WIOA Title I is extended, either directly from the Department of Labor or through the Governor or another recipient, but excluding the ultimate beneficiaries (participants) of the WIOA Title-1 funded program or activity. Typically, "recipient" is the "grant recipient": a non-federal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. (In addition, One-Stop partners are treated as recipients and are subject to the nondiscrimination and equal opportunity requirements of the regulation, to the extent that they participate in the One-Stop delivery system.)
Request for Proposal (RFP) - a type of competitive procurement issued at an early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific commodity or service. The RFP process brings structure to the procurement decision and is meant to allow the risks and benefits to be identified clearly up front.
Request for Quote (RFQ) - used when discussions with bidders are not required (mainly when the specifications of a product or service are already known) and when price is the main or only factor in selecting the successful bidder. An RFQ may also be used as a step prior to going to a full-blown RFP to determine general price ranges. In this scenario, products, services or suppliers may be selected from the RFQ results to bring in to further research in order to write a more fully fleshed out RFP.
Responsible entity- one that has been determined to: 1) have adequate financial resources to perform the contract or the ability to obtain such resources; 2) be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and business commitments; 3) have a satisfactory performance record; 4) have a satisfactory record of integrity and business ethics; 5) have the needed organization, experience, accounting, operational control and technical skills or ability to obtain them; 6) have adequate production, construction or technical equipment and needed facilities or the ability to obtain them; and 7) be both qualified and eligible to receive the award under applicable law and regulation.
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Responsive entity - "one that submits a proposal or bid, which meets all requirements of the solicitation adequately, and the submitted document does not constitute a substitute or counter offer. When a bidder substitutes a 'like item', the submittal is considered non-responsive when the 'like item' fails to meet published specifications. The same principle holds when the proposal is a substitute or counter offer."
Services - include professional and consultant services secured from those individuals or companies that perform a special skill, such as training. Services include equipment and property maintenance, training services, when being purchased outside of the ETPL, and other types of services procured for participants' benefit or program operation and support.
Small purchase - a procurement method where the acquisition of goods or services that fall between $1 and $50,000.
Solicitation for Proposal (SFP) - a formal document which elicits proposals for acquisition or financial assistance awards. An SFP may include Invitations for Bid (IFB), Requests for Proposals (RFP), and Requests for Quotation (RFQ).
Specification - a concise statement of a set of requirements to be satisfied by a product, material or process that indicates whether the requirements are satisfied.
Standard(s) - the established and fixed measure or measures used in assessing quality or performance.
Subcontract- a contract between a prime contractor and a subcontractor to furnish supplies or services for the performance of a prime contract or subcontract.
Sub-grantee - the government or other legal entity to which a sub-grant is awarded and which is accountable to the grantee for the use of the funds provided.
Sub-recipient - a legal entity (e.g. Mentoring Ex-Offenders R Us) to which a sub-award of federal funds is made and that is accountable to the grantee for the use of the funds provided. The terms "recipient" and "sub-recipient" are often used interchangeably with "grantee" and "sub-grantee."
Supplies - are tangible personal property other than equipment.
Training Services - are intended for adults unable to obtain or retain employment through Basic or Individual Services and who meet the following requirements:
);.> Must have been identified as needing training services; );.> Must have skills and qualifications to be successful in training; );.> Must select training linked to employment opportunities in their local area or any area to
which they might relocate; );.> Must be unable to obtain sufficient grant assistance from non-WIOA sources, including
Pell Grants, to cover the cost of training; );.> Must choose training from list of approved training providers.
Training Services may include: );.> Occupational skills training );.> Workplace training );.> On-the-Job Training (OJT) );.> Entrepreneurial training );.> Skill upgrading or re-training
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>- Job readiness training >- Adult education and literacy activities (in combination with other training services
above)Follow-up services
Vendor - an entity responsible for providing generally required goods or services to be used in the WIOA or WTW program. These goods or services may be for the sub-grantee's own use, or for the use of participants in the program. Consultants and other individuals who provide professional services to the general public shall be considered vendors and the term "vendor" may be used interchangeably with "provider".
WIOA Levels of Service are Basic, Individual and/or Training Career Services (see definitions in this section).
IV. Methods of Procurement
The City of Richmond LWDA may use a variety of methods to select providers of programs and services. Providers/vendors shall be selected through the ETPL process, the formal Request for Proposals (RFP) process, Request for Qualifications (RFQ) process, or they may be selected through small purchase, Invitation for Bid (IFB), or sole source procurement procedures, as well. The type of purchase method is generally determined by the "per transaction" value of the procurement and the type of good or service being purchased. "Per transaction" is a single solicitation for a single item (e.g., copying machine), group of related items (e.g ., office furniture) , or a specified service (e.g., staff training) . Purchases are not to be broken down into smaller components to avoid more stringent procurement requirements.
Providers/vendors may be selected through any of the methods described below.
Eligible Training Provider List (ETPL) The City of Richmond LWDA, in association with EastBay Works, shall develop and maintain a local ETPL, which supplies local program and provider data for the statewide ETPL. Providers of qualifying programs shall be nominated to the ETPL in accordance with criteria and procedures described in WIOA Directive WIOAD01-16 and attachments.
Competitive Proposals
1. Request for Proposal(s)
A Request for Proposal(s) shall be released for the procurement of major services from service providers and vendors (sub-recipients). The process shall be conducted at least once every three years, unless waived by state directive. The City of Richmond LWDA may release a Request for Proposals as often as necessary, however, and as appropriate to the availability of funds.
The standard RFP process will include: Issuance of a Public Notice announcing the RFP process and The availability of funds Notification of potential contenders based upon the notification roster (mailing list) as maintained by City of Richmond LWDA. Notification of potential contenders via the LWDA website at http://www.richmondworks.org, when feasible. >- Release of the RFP with reasonable time for completion Provision of technical assistance. >- A technical review and cost/price analysis of proposals submitted in response to the RFP. >- Evaluation and recommendation of eligible proposals by staff and the designated LWDA committee >- Final approval by the LWDA Board/City Council >- Concurrence of the Administrative Entity >- Establishment or revision of a Qualified Vendor List.
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The RFP shall contain instructions that inform proposers of the general and specific conditions governing the procurement process. This information shall include, but not be limited to, the scope of the RFP, the structure of the RFP, the review, evaluation, and selection process to be utilized, the appeals methodology, and the anticipated contract methodology.
Responsive proposals shall reflect the following elements at a minimum: >- Relevance of proposed services to RFP requirements >- The capacity of the proposer to provide the desired services >- The past performance of the proposer in providing the desired services >- Accessibility of the vendor's training site >- Sufficient information to determine the reasonableness, necessity, allocable and allowable nature of all
pro posed costs >- Administrative capacity and business qualifications of the proposer
An integral part of the RFP is the Statement of Business Qualifications (SOBQ), in which organizations establish their qualifications when bidding for funds. Organizations may complete and submit an SOBQ at any time, independent of the formal RFP cycle. A positive evaluation of the Statement of Business Qualifications provides preliminary eligibility status to those organizations, and thus may expedite the proposal approval process (See also V., Unsolicited Proposals).
2. Selection of Professional Services Consultants or Vendors for non-ETPL activities:
For the selection of vendors or professional services consultants, the LWDA will utilize the following processes:
The LWDA will apprise potential vendors/consultants of availability of funds via public notice, by announcements sent to those on the appropriate mailing list, and/or the LWDA website.
Vendors/consultants will submit an application in accordance with City of Richmond LWDA Request for Qualifications (RFQ) or Request for Proposals (RFP) for the applicable services. The RFQ or RFP package will contain requirements for the following minimum elements: The capacity of the proposer to provide the desired services; The past performance of the proposer in the provision of the desired services; Sufficient information to determine the reasonableness, necessity, allocable and allowable nature of all proposed costs; Administrative capacity of the proposer.
Staff will conduct a technical review of each proposal submitted and will determine if the proposer meets the minimum requirements for being placed on the Qualified Vendor List (QVL). The technical review will include evaluation of written materials and may include evaluation of a presentation by the proposer. If applicable, a site review will be conducted following the technical review. All proposers will be notified of their status relative to these reviews, with an opportunity to rectify any problems that prohibit their inclusion on the QVL. Upon review and recommendation by staff, a consultant's services will be posted on the Qualified Vendor List (QVL). The list is a summary document of all approved vendors and is used by staff in the selection of a consultanWendor for the specific participant(s) to be served or for the service(s) to be provided.
Each consultant may sign an Indefinite Quantity or Professional Services Agreement after being added to the appropriate Qualified Vendor List. Attached to the agreement will be a description of the specific services to be provided, the terms of reimbursement, and the general requirements of the City of Richmond on behalf of the City of Richmond LWDA.
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The City of Richmond LWDA may also use the services of vendors or consultants previously procured through other workforce areas or the City of Richmond in accordance with their respective procedures.
The vendor solicitation process shall remain open throughout the fiscal year. LWDA vendors may submit proposals for consideration at any time. A vendor's proposal may be considered active for a maximum of three years.
The Accountability and Oversight Committee of the LWDA will review the Qualified Vendor List on a periodic basis, as requested by staff.
3. Selection of Minor Services - Small Purchases
Small Purchase procurement is most commonly used for supplies, goods and basic services. The basis for selection in Small Purchase procurements is usually the lowest price (determined by performing a price analysis). However, other factors can be considered when making the procurement decision. Other criteria, such as availability of the goods or services, and location are some additional factors that could influence procurement selection. An example of the "availability" criteria would be: you need office supplies today, and only one vendor has them in stock. Another "availability" example is: the new chairs must be delivered within 30 days and only one provider was able to meet this requirement. An example of the "location" criteria would be: you want to send a staff person to a first aid class and one class location is 50 miles closer than the other.
a) The LWDA may utilize a less formal, yet competitive procurement process (the small purchase procedure) for the selection of minor services. For a transaction of less than $50,000, the small purchase method may be used. However, the sealed bid and competitive proposal may also be selected. The City of Richmond's small purchase threshold is $10,000.
b) The maximum dollar value that is allowable for small purchases of employment and training activities, services, and programs shall be less than $50,000 per purchase. Multiple transactions from the same vendor or for the same type of product or service could easily exceed the dollar ranges shown below in Procedural Requirements, or the $50,000 maximum limit for small purchases. Since these rules are applied on a per-transaction basis, multiple transactions that exceed dollar limits would not generally be in violation of this guidance. Large contracts shall not be divided into amounts less than $50,000, however, for the sole purpose of avoiding an open and competitive process.
c) Procedural Requirements Rate or price quotations shall be secured for each small purchase transaction based on the following requirements:
Price Range Contacts and Method $0 to $3,000 One faxed/written quote* $3,001 to $4,999 Two faxed/written quotes **
$5,000 to $9,999 Three faxed/written quotes **
$10,000 to $24,999 Three written quotes and Richmond City Council Approval** ***
$25,000 and over RFQ/RFP process possible; agreements < $1 OK require Richmond City Council approval
*This purchase is defined as a small purchase under $3,000 and not as noncompetitive or sole source procurement. ** Unless sole source justification exists *** RFQ/RFP process possible, depending on circumstances
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This applies to Governmental grantees, Non-Governmental grantees, and subgrantees.
Note: Request for Proposals (RFP) is required for purchases of $50,000 and over. The RFP should specify the reason for selecting this method of procurement, the scope of work (general and detailed specifications), evaluation criteria, time frames, and all other requirements that would enable proposers to provide appropriate responses.
>- Proper documentation for a small purchase includes: >- The reason for selecting the small purchase method. >- The sub-grantee's estimate of the potential purchase price. >- A description of the goods or services being purchased, including the quantity and any additional
criteria used to determine the procurement decision. A copy of the RFQ would suffice. >- All providers contacted/considered and the prices offered using current catalogs, price lists, prior sales
receipts, or formal quotes depending on the amount of the purchase. >- Why the provider was selected, including how the provider met any additional criteria, and the price
analysis. >- Copy of the purchase document (sales receipt, contract).
d) Selection Criteria Selection is based on vendor qualifications, availability of the goods or services, quality of trading or services, location, and price. Criteria for selection of a vendor's training or services must be documented and retained in the procurement file.
Lowest price is the normal criteria for selecting goods and services, and a price analysis must be conducted prior to purchase. This procurement method does not require selection of the lowest price quotation; however if selection is based on criteria other than price, written documentation describing the additional criteria and its relevance and benefit also should be included in the file.
4. Sealed Bids
As defined by the regulations, sealed bids are "publicly solicited procurements for which a firm fixed-price contract or other fixed-price arrangement is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price.
This method is appropriate and effective when the sub-recipient-- in this case, the City of Richmond LWDA --is capable of specifying and describing the desired goods/services at a high level of precision and completeness. Widely available commodities such as computer hardware and software, instructional and testing materials, furniture, and vehicles are typical items that might be procured by this method.
When the nature of the good or service to be purchased will be more than $50K, and can be precisely defined, the sealed bid procurement is generally used. The sealed bid process begins with issuance of an Invitation for Bid (IFB). The IFB will be publicly solicited or advertised through newspapers, local advertising and trade papers. The IFB defines the quantity, timeframes, and product requirements. Vendors are notified of the purchase requirements and submit a sealed bid to a specified location by a specified date and time. The bids are then opened at a specific date and time. A diligent effort should be made to secure at least three competitive bids. The responsible bidder (a bidder that can meet the technical requirements of the procurements), that submits the lowest bid is usually awarded the contract. Any bidder that falls outside of the parameters will normally have their bid rejected. Award of a firm fixed-price or fixed unit price contract by written notice is sent to the lowest responsible bidder. If only one bid is obtained and that bidder is deemed to be responsible, then the noncompetitive or sole source process may be used.
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Proper documentation for a sealed bid purchase includes: > The reason for selecting the sealed bid method. > The sub-grantee's estimate of the potential purchase price. > A copy of the IFB. > Bids received. > Determination of the responsibility of the bidder. > Why the provider was selected. > Copy of the award document.
IFB versus RFP - The IFB is used when there is a clear understanding of the project requirements, scope Of work and technical specifications. The RFP is used in cases where the specific requirements and technical specifications of a project are of a functional nature or unclear. The RFP then provides a guideline for potential offers' to use in preparing a bid/proposal.
5. Competitive Proposals
This method is typically used when the nature of the goods to be acquired cannot be defined as precisely as required by the sealed bid method. Competitive proposals are specifically used when factors other than price are important in the selection decision; however, procurements must be in excess of $50K. Sub-grantees must indicate in the Request for Proposal (RFP) the scope of work, the method for scoring the proposals, the deadline for receipt of proposals and the dispute process. A public notification of the RFP is normally given through an announcement in a local newspaper that covers the entire service area. A copy of the RFP is sent to anyone who requests it and to any prior bidders. A bidders' conference is usually held to allow interested parties to have any questions answered. Bidders' conferences also allow attendees to receive the same information. Bidders are required to submit their proposals to a specified location by a specified date and time. Each RFP is reviewed and evaluated as to the merits of the proposal. This review includes a cost analysis. There should be a documented methodology for technical evaluation of each proposal. The review committee then makes a final recommendation as to which proposal(s) best meets the stated requirements. Careful documentation of the successful bidder selection should be maintained for reference. A public notice of intent to award is issued, and followed by the award, and the execution of the contract. If only one proposal is obtained and that proposal is deemed to be responsible, then the noncompetitive or sole source process may be used.
Proper documentation for a competitive proposal purchase includes: The reason for selecting the competitive proposal method. The sub-grantee's estimate of the potential purchase price. A copy of the RFP. Bidders' conference questions and answers. Bids received. The scoring criteria and the evaluation/scoring sheets for each proposal, including determination of the responsibility of the bidder and the cost analysis. Why the provider was selected. The public notice of intent to award. Copy of the award document.
6. Noncompetitive Procurement Process: Sole Source Procurement Process
a. Procurement by a noncompetitive proposal process should be minimized to the extent practicable and may not be justified on the basis of lack of advance planning by the agency, or by considerations related to the expenditure of funds by a certain date (e.g., funding will expire). This method may be used only when award of a contract is infeasible under small
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purchase procedures, sealed bidding, or other competitive proposals, and one of the following circumstances applies:
> There is only one responsible source for the item or services that will satisfy agency requirements.
> The public exigency or emergency need for the item or services does not permit a delay resulting from competitive solicitation.
> The awarding agency authorizes noncompetitive proposals; or After solicitation of a number of sources, competition is considered inadequate
b. Use of a noncompetitive procurement process shall not preclude evaluation of the technical, programmatic, or cost aspects of the offer, or negotiation of any aspects of the contract, if it is in the best interests of the awarding agency to do so.
c. Contracts awarded under this method shall be supported by a written justification prepared by staff and approved by the LWDA Executive Committee (EC). If it is not practicable to wait for a session of the EC to be convened, such authorization may be granted by the Committee Chair or delegated by the same to the LWDA Board Administrator. (29 CFR 97.6 and 20 CFR 641.881)
d. A cost analysis is required for all noncompetitive procurements. The reason for selecting this method along with the justification for the provider selection must be carefully documented and maintained.
~ Proper documentation for a sole source purchase includes: ~ The reason for selecting the sole source method, including why the procurement was
infeasible under one of the other procurement methods and which of the additional sole source conditions the procurement met.
~ The sub-grantee's estimate of the potential purchase price. ~ A copy of the RFQ/1 FB/RFP. ~ A determination of the responsibility of the bidder and the cost analysis. ~ Why the provider was selected. ~ Copy of the award document.
e. Non-Governmental Grantees and Sub-grantees Institutions of higher education, hospitals and other nonprofits, and commercial organizations that receive grants and sub-grants under ETA-funded grant programs must follow the procurement standards of 29 CFR Part 95. These standards are slightly different from the standards imposed on States and governmental grantees. The requirements for nongovernmental grantees are discussed in the following subsections.
7. Request for Concept Papers
The LWDA also may utilize the Request for Concept Papers (RFCP) process for the selection of innovative, custom, or unique employment and training activities, services, and programs throughout the fiscal year. The RFCP calls for the submission of a concept paper relative to the proposed services. The RFCP allows the LWDA to review new and innovative employment and training activities, services, and programs on an on-going basis, subject to the interest of the LWDA and the availability of funds. If the LWDA is interested in a further review, then the proposer would submit a full proposal and be subject to the conditions of the standard RFP or RFQ process as described under Section IV, Methods of Procurement.
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V. Required Contract Clauses
The type of agreement entered into by all grantees or sub-grantees (including State and governmental grantees) may be fixed price or cost reimbursement, depending on the method of procurement and goods or services being procured. Each agreement funded by the ETA grant programs must contain the specific clauses referred to in 29 CFR 97.36(i), or 29 CFR 95.48, and Part 95, Appendix A, as appropriate. They are listed below:
:>- For all contracts in excess of the small purchase threshold, administrative, contractual, or legal remedies where contractors violate or breach contract terms. The clause must also provide for sanctions or penalties, as appropriate.
:>- The type of agreement entered into by all grantees or sub-grantees (including State and governmental grantees) may be fixed price or cost reimbursement, depending on the method of procurement and goods or services being procured. Each agreement funded by the ETA grant programs must contain the specific clauses referred to in 29 CFR 97.36(i), or 29 CFR 95.48, and Part 95, Appendix A, as appropriate. They are listed below.
:>- For all contracts in excess of the small purchase threshold, administrative, contractual, or legal remedies where contractors violate or breach contract terms. The clause must also provide for sanctions or penalties, as appropriate.
:>- Termination for cause and for convenience by the awarding agency, including process or exercising the clause and any basis for settlement (applies to contracts in excess of $10,000 (Part 97) or contracts in excess of $100,000 (Part 95)).
:>- Access to records by the awarding agency, the grantee, the DOL, or the Comptroller General.
:>- The Comptroller General of the United States for the purposes of audit, examination, excerpts, and transcriptions (for other than small purchase transactions).
:>- Notice of awarding agency requirements and regulations related to reporting.
:>- Notice of awarding agency requirements and/or regulations related to patent rights, copyrights, and rights in data.
:>- Record retention requirements as specified in 29 CFR 97.42 or 29 CFR 95.53.
:>- Compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements 41 CFR Part 60. These are codified for DOL programs at 29 CFR Parts 33 and Compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 328 and 333) (all contracts in excess of $2,500 involve employment of mechanics or laborers and all construction contracts excess of $2,000).
:>- Compliance with the applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, E. 0. 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (applies contracts, subcontracts, and sub-grants in excess of $100,000).
:>- Mandatory standards and policies related to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy Conservation Act (Public Law 94-163).
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>- Whistleblower Protection: The contractor awarded funds made available under WIOA shall promptly refer to the U.S. Department of labor Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.
>- A provision requiring compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). This requirement is also found in 29 CFR Part 93.
>- A provision requiring compliance with the debarment and suspension requirements (E.O. 12549 and 12689). This requirement is also found in 29 CFR Part 98.
>- Compliance with the provisions of the Davis-Bacon Act for construction contracts in excess of $2,000.
>- A provision requiring compliance with the Copeland Anti-Kickback Act (construction and repair awards).
>- Grantees and sub-grantees must also use the contract provisions to include other requirements of the WIOA or other ETA grant program, as appropriate. These include provisions related to the following:
>- Contract cost and price. Specifically, grantees and sub-grantees must perform a cost or price analysis in connection with every procurement action including contract modifications (see below for more information).
>- Applicability of the appropriate ETA program and administrative regulations.
>- Audit requirements of 29 CFR Parts 96 and 99.
VI. Cost Analysis versus Price Analysis
Grantees and sub-grantees must perform a cost or price analysis with the method and degree of analysis dependent on the facts surrounding the particular procurement situation. Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocatability and allow ability.
As a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of their estimated cost (e.g. under professional, consulting, and architectural engineering services contracts). A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders. A cost analysis may not be necessary if one can establish price reasonableness on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other circumstances to determine the reasonableness of the proposed contract price. Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts.
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VII. Unsolicited Proposals
Vendors/providers may submit unsolicited proposals at any time, independent of funding notification by the LWDA. Staff will review all unsolicited proposals periodically, and will review materials and nominate ETPL programs that meet the criteria delineated in the State's Procurement Policies and Procedures (WIOAD00-2); Will review other types of materials, and if proposed services are determined to be appropriate for participants, employers, or staff, the proposer will be asked to complete a more detailed proposal (if necessary), describing the services.
All vendors shall complete and submit a Statement of Business Qualifications (SBQ). The SBQ contains information and certifications that prerequisites to entering into an agreement with the City of Richmond. A positive evaluation of the SBQ expedites the proposal approval process.
VIII. Additional WIOA Requirements
In addition to the requirements of 29 CFR Part 97 or Part 95, the following requirements apply to procurements and agreements funded under the WIOA:
>- All agreements between local boards and units of government must be cost reimbursement. [20 CFR 667.200(a)(3)] There is no provision for profit with governmental agencies.
>- If a fixed-price agreement with a governmental or nonprofit agency results in revenues in excess of actual costs incurred, the excess revenues are considered to be program income. [20 CFR 667.200(a)(6)] Any such fixed-price agreements should reference this requirement.
>- The local workforce Development plan must contain a description of the competitive process used to award grants and contracts under all programs funded under WIOA Title I. The description must also include the process used to procure training services outside the Individual Training Account (ITA) process. [20 CFR 661.350(a)(10]
>- The procurement requirements for services to be provided under WIOA Title 18 Youth programs are specified in Section 123 of the Act. This section requires that activities and services for youth be competitively procured. Small purchase procedures can be used to purchase a training slot for a youth at a training institution if allowable under the agency's procurement policy. Additional guidance on the procurement of youth services is found in TEGL 9-00, dated January 23, 2001; TEGL 12-01, dated February 21, 2002; and the WIOA Youth Program RFP Guide.
>- The procurement requirements addressed in this chapter do not apply to the identification of eligible training providers. The process for identification of eligible training providers for training services under WIOA Title 18 programs is described in 20 CFR Part 663, Subpart E. The State is responsible for the development and maintenance of a State-wide training provider list. While not a federal requirement, each grantee should have a formal agreement for services when a training provider is to deliver services. This may be in the form of a purchase order, contract, voucher, or other mechanism that provides for payment information and may be incorporated or referenced in the individual IT As.
IX. Appeals Process and Procedures
Any respondent agency (vendor, consultant, community-based organization, etc.) that disagrees with the decisions and funding recommendations of the City of Richmond LWDA relative to the RFP's,
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Sole Source, IFB's and SOQ's has the right of appeal. Respondents not recommended for funding must file a written letter of appeal stating the reason(s) for their disagreement(s) with the decisions within ten (10) business days of the date of notification of the funding decision, at the following address:
Appeals Committee c/o WDB Board Liaison
City of Richmond Employment & Training Department 330 251
h Street Richmond, CA 94804
X. Bidding Process:
The City of Richmond bidding process often takes three to four months from the time the advertisement is placed until the award is made. This time does not take into account internal approval steps or delays caused by protests. Resolution of protests may add a delay of one to three months.
The time needed to complete the bidding process will depend on the type of competitive bidding method used, the complexity of the services required, the number of bids or proposals received, whether a bidders' conference is held, whether DVBE participation is required, whether protests are received, and other factors.
XI. Bidder's Conference:
The Comparison Chart of Bidding Methods below (Source: California State Contracting Manual) shows that a bidder's conference is optional for IFBs and RFPs. However, bidder's conferences are prevalent in the Public Sector and help governmental agencies and vendors alike. These conferences provide a forum for open dialog and clarification of a RFP, as well as bringing up any missing elements that should be considered in the evaluation process.
Competitive Bidding Options:
Comparison Chart of Bidding Methods
Considerations IFB Primary RFP Secondary RFP
When this method is To obtain simple, To obtain complex services To obtain very complex and/or typically used common, or routine in which professional unique services in which professional
services that may require expertise is needed and expertise and methods may vary personal or mechanical may vary. Where different greatly. Creative or innovative skills. Little discretion is methods and approaches approaches are needed. used in performing the may be applied during work. performance.
Cost/value of $5,000 or more. $5,000 or more. $5,000 or more. services
California State Yes (see note below). Yes (see note below). Yes (see note below). Contracts Register advertising
Bidders' conference Optional. Held if Optional. Held if needed to Optional. Held if needed to clarify necessary to clarify clarify service needs. service needs.
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service needs.
How award is made Lowest responsible Lowest qualified Highest-scored responsible bidder: public bid responsible proposer; proposer; public bid opening. opening. public bid opening.
Oral Interviews Not applicable. Optional. Held if needed. Optional. Held if needed.
What information is Bid form and other Narrative proposal and a Narrative proposal, including a cost submitted material deemed separate envelope component, in one envelope.
necessary by the containing cost awarding agency. information.*
Statement of work SOW is pre-developed. Objectives, major tasks, Goals and objectives are stated. (SOW) and timelines are identified. Proposer offers detailed work plans, considerations Proposer offers detailed approaches, methods, etc.
work plans, methods, etc.
How small business The cost bid of a certified The bid of a certified small Certified Small business will have its preference is small business is business is reduced for points increased by 5% of the total applied reduced for evaluation evaluation purposes by 5 points awarded to the highest scored
purposes by 5 percent of percent of the lowest cost non-small business bidder. the lowest cost bid offered by a noncertified offered by a noncertified small business. small business.
I Note: Exception: See SCM 5.80 B for contracts under $100,000 awarded to a certified small business or DVBE. I
XII. Sub-grantee and Vendor Distinctions
The applicability of the WIOA, its regulations, and other program regulations, including the Office of Management and Budget (OMB) circulars, is limited to grantees and sub-grantees funded by those programs. Thus, the distinction between sub-grantees and vendors becomes critical to the program. Payments received by a vendor for goods or services are not considered to be federal awards. To aid grantees and sub-grantees in making the proper distinctions, the following guidance is provided. The descriptions have been drawn from 29 CFR 99.210.
Sub-grantee - a legal entity to which a sub-award of federal funds is made and that is accountable to the grantee for the use of the funds provided. When the organization performs the following activities, a federal award to a sub-grantee is indicated:
);> Determines eligibility for the federally funded program. );> Has its performance measured against the objectives of the federal program. );> Has responsibility for programmatic decision-making. );> Has responsibility for adherence to applicable federal program compliance requirements
(for example, the regulations). );> Uses the federal funds to carry out a program of the organization as opposed to providing
goods or services for a program.
Vendor - a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a federal program. The following activities are indicative of a vendor relationship with an organization:
);> Provides the goods and services within normal business operations. );> Provides similar goods or services to many different purchasers. );> Operates in a competitive environment. );> Provides goods or services that are ancillary to the operation of the federal program.
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~ Is not subject to the federal compliance requirements of the program.
In making the determinations of sub-grantees and vendors, direct grantees, local areas, and other sub-grantees should take into account all of the characteristics related to the type of provider. When deciding whether a vendor or sub-grantee relationship exists, it is the relationship that matters, not the label on the award document (e.g. grant, contract, sub-grant, or subcontract). No one factor should be taken in isolation; all the applicable criteria for each decision should be reviewed. However, under no circumstances should a designation of vendor be made for providers that have a financial or performance requirement related to eligibility or selection of participants. As previously stated, the designations of sub-grantee and vendor relate to type of product or service provided, and not to the type of agreement document used or whether that agreement is called a contract or a sub-grant.
The following chart includes a list of indicators that may be of assistance in distinguishing subgrantees from vendors. This guidance is based in part on the information found in 29 CFR 99.210.
Indicators of Sub-grantee and Vendor Relationships
Factor Vendor Sub-grantee
Activity1 Sell deliverables (goods/services) Provide services
Assistance Arrangement Buyer-seller Financial assistance to operate a program
Closeout Package Final invoice Comprehensive
Control Control is outcome focused Control is on process
Development Costs Absorbed Controlled
Extent of Flexibility Bound to adhere to specific contract Latitude to make decision within terms terms of agreement
Federal Rules N/A Compliance
On-the-Job Training Sub-grantee developed (direct Award to broker employer award)
Payment Basis2 Is paid for specific deliverable Is paid for services whether expensed as a deliverable or not
Product Specific outcomes Operate a program
Performance Measured3 Against the specific requirements of Against the performance outcomes of contract the financial assistance award
Product Development Develops product and delivers from Controls development inventory
Public Policy Contract specific clauses Standard statement of assurances
Purpose of the Award To provide specific goods or Services To carry out a program goal
Receipt of Funds Number of items delivered Costs incurred
Risk Risk to vendor Share risk w/awarding agency
Type of Traininq Referral Slottinq on an individual referral basis Filling a class-sized training Program
Type of Market For sale within normal business Customized for specific program operation; existing product tailored to purposes the program
Type of Product Provide specific product or service Design a program to meet a broader ancillary to the federal proqram _goal such as performance outcomes
1 There may be instances where it is possible to obtain the same type of services under either a vendor or a sub-grantee award.
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2 Federal reform efforts are now shifting emphasis from paying for process to paying for results. Such performance- and outcome-based
~ayments are possible under both vendor and sub-grantee awards. Same as 2 above.
XIII. Code of Conduct/ Conflict of Interest Statements
The City of Richmond's Code of Conduct/Conflict of Interest statements specific to the LWDA per 20 CFR Section 667.200 (4) (i) (ii) can be found in the Workforce Development Board By-Laws, Section C.
A more detailed conflict of interest statement includes: No employee, officer or agent of the grantee or sub-grantee shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:
)> The employee, officer or agent )> Any member of his immediate family )> His or her partner, or )> An organization which employs, or is about to employ, any of the above, has a financial or
other interest in the firm selected for award. The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. Grantee and subgrantees may set minimum rules where financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions or other disciplinary actions for violations of such standards by the grantee's and sub-grantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest.
XIV. Local Ordinances Affecting Procurement Process
The following City Ordinances may affect the procurement process of the LWDA: A. Richmond Business Opportunities Ordinance. No. 53-06, (Chapters 2.50 - 2.50.11 0) B. Non-Discrimination Clauses in City Contracts (Chapter 2.28) C. Contracting and Purchasing Procedures (Chapter 2.52) D. Local Employment Program (Chapter 2.56) E. Living Wage (Chapter 2.60)
The aforementioned Local Ordinances can be located in the Offices of the City Clerk and the City Attorney.
XV. Procurement and Management of Property
A. WIOA does not directly address the matter of real property, procurement, and management of property. Acquisition and management of property shall be in accordance with the general provisions of 29 CFR 95.32 (supplies), 95.34 (equipment), 95.35 (supplies) 95.36 (copyrights), 97.31 (real property), 97.32 (equipment), 97.33 (supplies) and 97.34 (copy rights) as well as applicable State and City of Richmond purchasing guidelines. WIOA Final Rule, 20 CFR, Part
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667.200 (c)(1-6) discusses allowable cost provisions, and (c)(7) stipulates that costs of computer hardware and software will only be allowable when the technology is "Year 2010 Compliant".
>- Exempt property- defined in 29 CFR 95.2(p), which states "Exempt property means tangible personal property acquired in whole or in part with federal funds, where DOL has statutory authority to vest title in the grantee without further obligation to the Federal Government." No federal statute applicable to ETA programs currently provides this authority.
>- Supplies- defined at Section 97.3 as "all tangible personal property other than equipment ... " 29 CFR 97.33 provides standards for supplies that apply to both States and other governmental grantees and sub-grantees. It states that title to supplies acquired under a grant or sub-grant vests in the grantee or sub-grantee, respectively. As to disposition, this regulation indicates that the grantee or sub-grantee shall compensate the awarding agency for its share of the residual inventory of unused supplies if the inventory exceeds $5,000 or more in aggregate fair market value when the award is terminated or completed and if the supplies are not needed for any other federally sponsored programs or projects. Aggregate value is the total value of all remaining supplies (e.g., pencils, paper, and printer ink). Supplies are not to be used to provide services to non-federal outside organizations for a fee that is less than that charged by private companies for equivalent services. For nongovernmental organizations, supplies are defined at 29 CFR 95.29(11) as "all personal property, excluding equipment, intangible property, and debt instruments ... and inventions ... " 29 CFR 95.35 provides the standards for supplies. Upon acquisition, title vests in the sub-grantee subject to management and disposition conditions. The sub-grantee must maintain sufficient records to determine the amount of unused supplies on hand at the termination of the award. The sub-grantee must compensate the DOL for its share of the residual inventory if the inventory is $5,000 or more in aggregate value upon termination or completion of the award and if the supplies are not needed for any other federally sponsored programs or projects.
B. In the past, the regulations have mandated that each workforce area or board shall use its own procurement procedures that reflect applicable state and local laws and regulations, provided that the procurement procedures also comply with the federal regulations. Overall, the objective when purchasing equipment is to ensure that the best value is received for each dollar spent. This may mean that the lowest price is not necessarily obtained. Quality, configuration, availability, and other factors may affect a purchase decision.
C. For purchases of equipment, supplies, and intangible property acquired on or after July 1, 1993, the State has no prior approval requirements. The State requires workforce areas to obtain prior approval for purchases of vehicles, computers, and computer-related equipment and software if over $5,000.00. The purchase of all equipment, especially vehicles, must be necessary, reasonable, appropriate, and allocable to WIOA programs.
D. The City of Richmond purchases items such as office supplies, furniture, computer equipment, and similar goods through its Purchasing Department in accordance with its procedures (including procedures for invoicing, acceptance, and payment). The City purchases equipment for the City of Richmond consortium based on the City's standards and the consortium's needs. This method should be used unless it would affect the City's ability to administer the Consortium's programs in an expeditious, cost effective manner. Under these circumstances, goods will be procured through sealed bid, small purchase, or sole source procedures, as applicable (See Attachment A).
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XVI. Intangible Personal Property
Copyrights:
29 CFR 97.34 states that the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use, and authorize others to use, for federal government purposes:
);> The copyright in any work developed under a grant, sub-grant, or contract under a grant I sub-grant. );> Any rights of copyright bought with grant funds by a grantee, sub-grantee, or contractor.
);> Note: The federal right in this instance does not "pass through" to contractors.
For nongovernmental entities, 29 CFR 95.36 specifies that the sub-grantee may copyright work developed or for which ownership was purchased under an award. DOL has a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use (and authorize others to use) the work for federal purposes.
When such property is developed with the use of ETA grant funds, it is to be made available to any other entity requesting to use the copyrighted materials in a federally funded program without a licensing fee. Incidental costs such as packaging, shipping, and handling, may be charged. If the materials will be used for other than federally funded activities, the developing organization may charge a license fee. The income realized from the sale or licensing of copyrighted materials is not considered as program income unless specified as provided in 29 CFR 97.25(e).
Inventions and Patents - Regulations applicable to nonprofits and small businesses are issued by the Department of Commerce at 37 CFR Part 401. Property requirements for inventions and patents are specifically treated in 29 CFR Part 95 only. The ETA does not anticipate that inventions and patents will be associated with these programs.
Data- Under 29 CFR 95.36(c), the DOL has the right to obtain, reproduce, publish, or otherwise use data first produced under a procurement contract and to authorize others to do the same for federal purposes.
Title, Use, and Disposition - For nongovernmental entities, title to intangible property vests in the sub-grantee upon acquisition. Use is restricted to the originally authorized purpose, and the subgrantee must follow the provisions of 29 CFR 95.34(g) for disposition and DOL compensation. There is no similar provision for Governmental grantees.
Note: The federal right in these instances does not pass through to vendors. Grantees and subgrantees must include such rights in the agreement with vendors, should there be a need.
XVII. Contracting Procedure Assurances
The City of Richmond is the administrative entity for the City of Richmond LWDA, and the City of Richmond Finance Department is the LWDA's fiscal agent.
All agreement "boilerplates" and exhibits, including agreements for major services, shall be reviewed by the City Attorney's office of the City of Richmond.
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It is the intention of the City of Richmond LWDA to enter into performance-based agreements whenever possible, but cost-reimbursement agreements will be required for all non-tuition based training programs with non-profit contractors and public agencies. The various agreements shall contain all required general and specific conditions reflective of federal, State, and local requirements; and all cost-reimbursement agreements shall contain performance standards. Failure to meet the performance standards may result in termination of the agreement.
For cost-reimbursement agreements, the contractor shall be reimbursed upon submission and approval of invoices based on incurred costs, in accordance with a line item budget. Subject to funding source limitations, line item agreements; may have limited flexibility.
Profit (program income) shall be negotiated separately for all cost-based Agreements and for price-based agreements with no price competition. "For-profit" contractors shall be entitled to a reasonable profit for provision of goods and services.
The City of Richmond LWDA Board Fiscal Manager shall be responsible for the administration of City of Richmond LWDA Board's various procurement systems and the required documentation therein.
Certifications
The City of Richmond LWDA Board will not enter into agreements with any agencies who are currently of a debarred status, or whose debarred status has not been resolved. All contracts and awards in excess of $10,000 to vendors and sub-recipients shall include debarment certifications.
Regardless of the amount of the award, all sub-recipients shall certify to a Drug Free Workplace 29 CFR (98.600)
All awards of $10,000 or more shall certify that no funds shall be used for lobbying.
Consistent with the regulations issued pursuant to the Workforce Innovation and Opportunity Act, Section 188, the applicant or contractor must certify compliance with Title VI of the Civil Rights Act of 1964 and all other applicable federal, state and local statutes relative to nondiscrimination, Federal EEO & American Disability Act laws.
The City of Richmond LWDA may not contract with any organization that is not in compliance with
these assurances.
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ATTACHMENT
CITY OF RICHMOND PURCHASING POLICY
Section I - GENERAL
PURPOSE
To establish the manner by which all City procurement is to be conducted as well as to ensure City compliance with applicable laws relating to the expenditure of public funds.
POLICY
When authorized to procure material or service, all City employees shall follow this policy to correctly and ethically process a procurement need and ensure the efficient use of public funds. All City rules, regulations, laws, resolutions and the City Purchasing Ordinance are incorporated herein by reference See the following chapters of the Municipal Code:
Chapter 2.52- Contracting and Purchasing Procedures Chapter 2.50- Richmond Business Opportunity Ordinance Chapter 2.56 - Local Employment Program
OVERVIEW
The City's Purchasing Ordinance and Procurement Policy are in place as your guideline to ensure materials and services are purchased in a legal and cost-effective manner. Keep in mind that services generally have some risk associated with them and typically require insurance documentation and a City Contract Agreement.
Most services will require a standard City agreement which can be found on the City's Intranet. Each agreement must be approved as to form by the City Attorney's Office.
The purchasing functions are decentralized, with each Department/Division responsible for compliance with City policies and procedures. Purchasing responsibility and authority shall be delegated to the lowest possible level consistent with good business practice and sound financial management policy to the extent practical.
The following apply to all purchases made by the City of Richmond:
No purchase will be approved or undertaken unless an appropriation has been established, through either the adopted annual budget or City Council approval of additional appropriations. It is the responsibility of the Department/Division to maintain budget control of their individual budgets. Ultimate responsibility for the individual budget rests with the Department Director.
Certain purchases are unique in nature and do not lend themselves to the process of competitive bidding. Therefore, these items are excluded from the competitive bidding and purchase order requirements. These items include, but are not limited to, County Services, debt service payments, and ongoing expenses for utilities or services (such as telephones, electricity, etc.)
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No City employee shall have a direct or indirect financial interest in any contract or purchase of goods or services entered into by the City, or shall derive any personal benefit from the City's purchase of goods or services.
No City employee shall use the City's purchasing procedures to obtain property for personal use, by misrepresenting to vendors for the purpose of obtaining price discounts for personal purchases.
No City employee shall draft or cause to be drafted any specifications for bids in such a way as to intentionally limit the bidding directly or indirectly to any one bidder.
SOLICITATION THRESHOLDS
The dollar limits for purchases are established by ordinance or resolution. Purchases shall not be split to avoid the required procedures or certain dollar limits. In summary, requisitioners are responsible to obtain quotes/bids as indicated below:
Less than $3,000 - Solicit One Written Quote Between $3,000- $5,000- Solicit Two Written Quotes Between $5,000 - $25,000 - Solicit Three Written Quotes Over $25,000- Formal Sealed Bids/Proposals are Required
Formal procedures are used when the value of the purchase/service is estimated to be $25,000 or greater. Informal procedures are used when the estimated value of the purchase/service is less than $25,000.
Formal purchases may be solicited by either an Invitation For Bid (IFB), a Request For Proposals (RFP), or by a Request For Qualifications (RFQ).
Informal purchases may be solicited by either a Request For Quote or a Request for Proposal (RFP).
ISSUING THE QUOTE/BID/RFP/RFQ: Since all solicitations over $3,000 require competitive quotes, the issuing department shall submit the solicitation to the Purchasing Division to post to the City's Bids-On-line System. This will ensure maximum exposure and competition. Also submit to Purchasing a list of potential firms to receive notice of the solicitation.
Exceptions: The informal/formal bid process may be bypassed in the following three instances:
In emergency situations to preserve life, health or property, the appropriate Department Head may dispense with obtaining quotes/bids/proposals to obtain materials/services necessary in dealing with the emergency. The Emergency Justification Form must be approved by the Finance Director and City Manager prior to any purchase. If the purchase exceeds $10,000, immediately following the emergency, the appropriate Department Head shall prepare an agenda report to Council explaining the emergency and the items purchased. Emergency procurements should be made only to preserve life, health or property.
);> Upon a natural disaster );> To correct or forestall a shutdown );> To maintain essential public services );> Other unforeseeable events );> NOT because of poor planning
When one known supplier is available, the Department Head may complete the Sole Source Form. A sole source is the only possible source, not a preferred source. The Sole Source Form must be approved
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by the Finance Director. If the purchase is under $10,000 the City Manager must also approve the Sole Source. If the purchase exceeds $10,000, an agenda report for Council approval requesting an exception from the solicitation process and requesting awarding the purchase to the "Sole Source vendor" must be prepared.
When there exists other governmental contracts that are competitively bid (such as State Contracts, DGS, WSCA, US Communities, etc) that the City is eligible to use.
PROCUREMENT/PAYMENT METHODS
Purchase Order: The Finance Department has designated the purchase order as the primary and preferable procurement and payment method.
The Purchase Order (PO) is the main source of encumbering and procuring services and materials. The PO is used to communicate to a vendor the City's terms and conditions, authorizes an encumbrance of City funds and is a contractual agreement to order goods and services. The PO is used to process payment and track expenditures in the City's Financial System (MUNIS).
Important to our procurement process is the system of encumbrance accounting, which helps departments and Finance control department spending by knowing what amounts have been committed prior to the actual invoicing and payment of services. When a department makes a verbal commitment with a vendor and does not issue a purchase requisition and a purchase order is not created, it circumvents the entire budgetary control process. Verbal commitments with a vendor and the absence of a purchase order is not an acceptable practice. Obtaining a purchase order from the Purchasing Division is the main method of encumbering City funds.
Accounts Payable will pay approved vendor invoices with an appropriate and valid purchase order number issued from the Purchasing Division. Invoices without an authorized purchase order may be returned to the vendor unpaid.
Credit/Procurement Card (CAL-Card): The CAL-Card is used as a purchase and payment method used to procure budgeted low value items, typically up to $3,000. It may be used for higher value purchases on an approved basis. Cardholder and cardholder's approving official are responsible for proper use of the CALCard program. See the CAL-Card Handbook, posted on the City's intranet, for policies and procedures.
Direct Pay (Green Stamp): Green stamps are used as a limited payment method typically used for utilities, trust accounts, and one-time payments. Direct pay Is not to be used for payment of services or routine/re-occurring payment of goods. The use of a direct pay must be approved by the Finance Director or his/her designee and shall be limited to the following areas:
Utility payments, i.e. electricity, gas, water, sewer, etc. Trust Accounts One time vendors - The one-time vendor should be used for any vendor that will be utilized one time during a calendar year with an aggregate payment of less than $600.00 per calendar year. A vendor number will need to be created for payment. The issuing Department/Division will need to obtain a completed IRS form W-9 from the vendor. Legitimate "emergency" needs, must have the Finance Director's approval.
Electronic Funds Transfer (EFT): EFT are used as a limited payment method for transactions with large dollar amounts which are time sensitive. Types of payments which are routinely processed by means of an EFT are debt service payments, the purchase of securities, and medical benefits etc.
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Section II- GENERAL SUPPLIES, MATERIALS AND EQUIPMENT
PURPOSE
Provide guidelines for the purchase of general supplies, materials and equipment. Supplies, materials and equipment shall consist of any and all articles or things which shall be furnished to or used by any department.
In instances where goods and services are purchased together from one vendor, this section shall only apply if the predominant portion of the purchase is goods. (For example, a purchase of equipment for $1,000 with a $300 installation fee would be covered under this section of the policy. A repair of equipment with $1,000 in labor and $300 in parts would be covered under Section Ill General Trade Services).
INFORMAL/UNSEALED QUOTES< $25,000.00
Material/supply purchases exceeding $10,000 must be awarded by the City Council.
Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.
The Department/Division should make every reasonable attempt to obtain at least three quotes for all purchases between $5,000-$25,000. However, it is understood that at times it is neither practical nor cost effective to continue soliciting quotes until three quotes are received. In the event that three viable quotes are not received, the division shall document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and, if applicable, why it is not practical to receive three quotes.
Documentation: Quotes received must be documented to the satisfaction of the Finance Department. Ideally, documentation should include the name of the company bidding, the person giving the quote, items being quoted, the date and time of the contact, the amount quoted and any other relevant information.
Evaluating Quotes: The Department/Division shall evaluate the informal quotes received and determine the lowest most responsible quote. When evaluating quotes, please verify that like items are being evaluated (apples to apples). The City reserves the right to accept the quote which is in the best interest of the City.
Purchase Order: A purchase requisition detailing the vendor name, address, item(s) being purchased, total price including tax and shipping, and budget account to be charged shall be prepared in the MUNIS Financial System. A copy of the quotes/quote summary shall be attached to the purchase requisition. The Purchasing Division will review/approve the purchase requisition and convert the requisition to a Purchase Order.
FORMAL/SEALED BIDS > $25,000.00
Material/supply purchases exceeding $10,000 must be awarded by the City Council.
Formal bidding should be used to assure all possible vendors are given the opportunity to bid on major City purchases, thereby assuring the City that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding.
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The initiating Department/Division shall be responsible for completion of the formal bid process. However, the process shall be coordinated with the City Clerk's Office and the Purchasing Division.
Bid Package: The initiating department shall prepare a bid form including detailed specifications for the item to be purchased. The following format is suggested for competitive bids.
Submission of Bids- Include date, time, location and bid number. Include a detailed list of the information the bid or proposal should contain. Questions - List the name, address, and telephone number of the person to be contacted concerning questions about the project. Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates. Scope of work- Describe in detail the requirements for the job and detail specifications. Desired project schedule - be as specific as possible. Minimum and desirable qualifications - Be as specific as possible. Performance Bond -Whether a performance bond is required and if so, the amount and form of bidders security.
Notice inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:
A general description of the item to be purchased. A statement indicating where bid package, specifications and bonding requirements can be obtained. A statement specifying the time place for the opening of the bid.
Bid Opening:
Sealed bids shall be submitted to the City Clerk's office and shall be clearly identified with the Bid number on the envelope. Bids shall be opened in public at the time and place stated in the solicitation. The City Clerk or his/her designee shall open the bids and shall record all bids received. Any bid received after the time specified in the notice shall be rejected. When bidder's security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier's check, certificate of deposit in City of Richmond's name, or bid bond made payable to the City of Richmond. When a bidder's security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid.
Rejection of Bids: The City reserves the right to reject any and all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interest of the City.
Determining Lowest Responsible Bidder: Award to bid shall be to the lowest responsive and responsible bidder. The City reserves the right to accept that bid which is in the best interest of the City. When selecting the recommended bidder the Department/Division Head will take into consideration:
Price Ability, capacity, and skill Ability to meet time requirements Character, integrity, and reputation Previous vendor experience Financial resources available for contract performance Ability to provide future maintenance and service, if necessary
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Awarding the Bid: Once the bids have been evaluated, the Department Head/Division Head shall prepare an agenda report to Council recommending the most responsive and responsible bidder. The Council shall then award the bid in a public meeting.
All contracts exceeding $10,000 must be awarded by the City Council. Otherwise:
Such purchases are void and not considered an obligation of the City. Invoices may be returned to the contractor/service provider unpaid. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.
Purchase Order: A purchase requisition detailing the vendor name, address, item being purchased, total price including tax and shipping, and budget account to be charged shall be prepared in the MUNIS Financial System. A copy of the bid/bid summary shall be attached to the purchase requisition. The Purchasing Division will review/approve the purchase requisition and convert the requisition to a Purchase Order.
Change Orders: The City Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than $10,000 aggregate change in purchase price. Change orders in excess of the $10,000 aggregate change in purchase price shall be brought to the City Council for approval.
Section Ill -GENERAL TRADE SERVICES
PURPOSE
Provide guidelines for the purchase of trade contractual services. Trade services shall mean the repair, rental or maintenance of equipment, machinery and other City-owned or operated property. Included within this term are services necessary for the routine operation, repair or maintenance of existing buildings or improvements. The term does not include services rendered by professionals and other services which are unique in nature and not subject to competition.
In instances where goods and trade services are purchased together from one contractor/service provider, this section shall only apply if the predominant portion of the purchase is services. (For example, a repair of equipment with $1,000 in labor and $300 in parts would be covered under this section of the policy. A purchase of equipment for $1,000 with a $300 installation fee would be covered under Section II- General Supplies, Materials and Equipment).
INFORMAL/UNSEALED QUOTES< $25,000.00
Trade services exceeding $10,000 must be awarded by the City Council.
Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding.
The Department/Division shall strive to, whenever possible, solicit at least three quotes in writing. It is important that the specifications are accurate and comprehensive.
Documentation: Quotes received must be documented to the satisfaction of the Finance Department. Ideally, documentation should include the name of the company bidding, the person giving the quote,
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services being purchased, the date and time of the contact, the amount quoted and any other relevant information.
Evaluating Quote: The Department! Division shall evaluate the informal quotes received and determine the lowest most responsible quote. The City reserves the right to accept that quote which is in the best interest of the City.
When selecting the recommended bidder the Department I Division Head will take into consideration:
;;. Price,Ability, capacity, and skill. );;> Ability to meet time requirements. );;> Character, integrity, and reputation. );;> Previous contractor/service provider experience. );;> Financial resources available for contract performance. );;> Ability to provide future maintenance and service, if necessary.
Contract and Purchase Order:
A contract shall be prepared detailing the consultant's name, service being purchased, total price of the service being purchased. The consultant shall sign three original copies.
The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.
Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.
The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.
A purchase requisition shall be prepared in the MUNIS Financial System.
The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.
One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk's Office.
Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.
Change Orders: The City Manager is authorized to issue change orders for changes or additions to original scope of work that result in less than a $10,000.00 overall contract amount increase. Change orders in excess of the $10,000.00 total contract amount increase shall be brought to the City Council for approval.
FORMAL/SEALED BIDS/PROPOSALS > $25,000.00
Trade services contracts exceeding $10,000.00 must be awarded by the City Council.
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Formal bidding should be used to assure all possible contractor/service providers are given the opportunity to bid on major City contracts, thereby assuring the City that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding.
The initiating DepartmenUDivision shall be responsible for completion of the formal bid process. However, the process shall be coordinated with the City Clerk's Office and the Purchasing Division. Formal Sealed bids must be publicly opened in the City Clerk's Office.
Bid Package: The initiating department shall prepare a bid package including detail specifications for the services to be purchased. The following format is suggested for competitive bids/proposals:
Submission of bids (or proposals) -Include date, time, and location. Include a detail list of the information the bid or proposal should contain. Formal sealed bids must be publicly opened in the City Clerk's Office. Formal sealed proposals are not required to have a public bid opening. Questions- List the name, address, and telephone number of the person to be contacted concerning questions about the project. Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates. Scope of work - Describes in detail the requirement for the job and detail specification Desired project schedule- Be as specific as possible. Minimum and desirable qualifications - Be as specific as possible Performance Bond -Whether a performance bond is required and if so, the amount and form of bidders security. Sample Contract- A sample of the contract that is expected to be used should be included in the bid package.
Notice Inviting Bids: The initiating department shall also prepare a notice inviting bids that includes the following:
A general description of the services to be purchased A statement indicating where bid forms, specifications and bonding requirements can be obtained. A statement specifying the time and place for the opening of the bids.
Bid Opening:
Sealed bids shall be submitted to the City Clerk's office and shall be clearly identified with the Bid number on the envelope. Faxed bids are not acceptable. Bids shall be opened in public at the time and place stated in the solicitation. The City Clerk or his/her designee shall open the bids and shall record all bids received. Any bid received after the time specified in the notice shall be rejected. When a bidder's security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier's check, certificate of deposit in the City of Richmond's name or bid bond made payable to the City of Richmond. When a bidder's security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid.
Rejection of Bids/Proposals: The City reserves the right to reject any and all bids, to accept or reject any one item of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interest of the City.
Determining Lowest Responsive and Responsible Bidder: Award of bid shall be to the lowest responsive and responsible bidder. The City reserves the right to accept that bid which is in the best interest of the City. When selecting the recommended bidder the City staff will take into consideration:
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>- Price >- Ability, capacity, and skill. >- Ability to meet time requirements. >- Character, integrity, and reputation. >- Previous contractor/service provider experience. >- Financial resources available for contract performance. >- Ability to provide future maintenance and service, if necessary.
On-Call (Ongoing) Professional Services
In some instances it is in the best interest of the City to have on-call contracts with multiple consultants for the same or very similar services. (I.e. services that can be defined as to scope of work but not as to require events such as soils testing, contract building inspection services, architectural services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual on-call processional service contracts.
The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts. However, multiple firms may be awarded an on-call contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.
As events occur and need arises, work may be assigned to the consultants on the eligibility list. The Department Head shall solicit proposals from the consultants on the eligibility list or shall make a reasonable attempt to rotate work between consultants subject to availability and special needs.
Contract and Purchase Order:
A contract shall be prepared detailing the consultant's name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies.
The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.
Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.
The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.
A purchase requisition shall be prepared in the MUNIS Financial System.
The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.
One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk's Office.
Renewals: Contracts for ongoing services may include annual renewal provisions for up to three years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.
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Change Orders: The City Manager is authorized to issue change orders for changes or additions to original scope of work that result in less than a $10,000.00 overall contract amount increase. Change orders in excess of the $10,000.00 total contract amount increase shall be brought to the City Council for approval.
Section IV- PROFESSIONAL SERVICES
PURPOSE
Provide guidelines for the purchase of professional services. Professional services are those activities performed by a consultant who possesses a high degree or expertise in a particular profession. This would generally include (but not be limited to) architectural, landscape architectural, engineering, environmental, land surveying, construction project management, accounting/auditing, financial, legal, and other administrative services.
INFORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS< $25,000.00
Professional service contracts exceeding $10,000 must be awarded by the City Council.
An informal Request for Proposal (RFP) or a Request for Qualifications (RFQ) process shall be used for any solicitation under $25,000. These professional service agreements shall have sufficient
/ documentation of background analysis to support the contract. Informal solicitations should be used to assure quality services are received for a reasonable price.
The Department/Division shall strive, whenever possible, to solicit at least three qualifications/proposals in writing. It is important that the specifications are accurate and comprehensive.
Informal Request for Proposal or Request for Qualifications:
Documentation- Informal quotations must be documented to the satisfaction of the Finance Department. Documents should include:
The name of the company The person giving the quote The date and time the quotes were received Understanding of the required scope of services. Specialized experience of the firm and its personnel relative to the required services. References who can be contacted to verify past record of performance, i.e., completion of quality product, in a timely manner, and within budget constraints. The capacity of the firm to perform the subject project within a required timeframe. Estimated price
Evaluating Informal RFP/RFQ:
The Department/Division Head or designee(s) shall select the consultant which, in their evaluation process, is the most qualified to perform the work. The evaluation and selection process shall be based upon the following considerations:
General quality and responsiveness to the request, including but not limited to:
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Responsiveness to the terms, conditions, and items of performance; Grasp of the problem, work to be performed, and approach to be used
Organization and personnel making the proposal; Evidence of good organizational management practices. Qualification of the personnel. Specialized experience of the firm and its personnel relative to the required services. References who can be contacted to verify past record of performance (i.e., completion of a quality product in a timely manner and within budget constraints). Previous consultant experience The final condition of the firm Capacity of the firm to perform the subject project within a required timeframe
If appropriate, the price, in any of the following formats, may be considered. Total price and price breakdown Price range Cost schedule
Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.
Contract and Purchase Order:
A contract shall be prepared detailing the consultant's name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies.
The issuing Department/Division will obtain a completed IRS form W-9 from the consultant.
Proof of insurance in accordance with the contract shall be obtained. This includes an insurance certificate and an additional ensured endorsement.
The contract shall be entered in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached in the contract module.
A purchase requisition shall be prepared in the MUNIS Financial System.
The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract.
One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk's Office.
Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.
Change Orders: The City Manager is authorized to issue change orders for changes or additions to original scope of work that result in less than a $10,000.00 overall contract amount increase. Change orders in excess of the $10,000.00 total contract amount increase shall be brought to the City Council for approval.
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FORMAL REQUEST FOR PROPOSAL OR REQUEST FOR QUALIFICATIONS> $25,000.00
Professional service contracts exceeding $10,000 must be awarded by the City Council.
A Formal sealed Request for Proposal (RFP) or a Request for Qualifications (RFQ) process shall be used, for any solicitation exceeding $25,000, thereby assuring the City that it has engaged the most qualified consultant available for the engagement. The formal solicitation process generally takes more time and expense than informal solicitations of qualifications.
The Formal Request for Proposal or Request for Qualifications shall include:
Developing the RFP or RFQ:
Because RFP's and RFQ's ask for a subjective product, they should contain the greatest detail possible, and may include the following:
A precise description of the problem or objective The services to be performed The product to be provided The anticipated time schedule for: Submittal of RFP/RFQ (date and time) Any pre-proposal conference (date, time and location) Review and evaluation of the proposals Award of the contract Commencement of the work on the project Completion date Evaluation factors and the relative importance of each Expectations or limitations on the part of the City The format, form and quantity of any expected reports The extent/nature of assistance/cooperation available from the City Expected content of the RFP/RFQ, including: The overall description of techniques to be used Listing of similar services provided to other clients Listing of available references to contact Description and qualifications of assigned lead and supporting personnel Time and staff expected to be expended Facilities and equipment to be used Portion of contract to be performed by sub-contractors Subcontractors I Subconsultants qualifications Cost, in summary and total, and desired method of payment. The RFP/RFQ for services may, but is not required to, state the amount budgeted for the service. Contractual requirements including, but not limited to: Prohibition against assignment Indemnification Insurance requirements Bonding requirements Warranties Compliance with federal, state and City laws, rules and regulations Compliance with any grant related regulations Sample contract
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Issuing the RFP/RFQ
To ensure maximum exposure and competition, the issuing department shall submit the RFP/RFQ documents to the Purchasing Division to post to the City's BidsOnline System. Also submit to Purchasing a list of potential firms to receive the RFP/RFQ.
A reasonable length of time between solicitations and closing dates must be allowed to provide potential respondents time for preparation in accordance with the complexity, the size of the project, and the scope of the advertising.
City staff may conduct conferences to explain the requirements of the project. A sufficient amount of time should be allowed after the RFP/RFQ has been issued to allow potential respondents to become familiar with the project. Any clarification or changes required to the RFP/RFQ, as a result of the conference, shall be added as a written amendment. A summary of the conference shall be provided to all prospective respondents receiving the request.
Amendments should be used to make any changes in quantities descriptions, schedules, or to correct defects or ambiguities in the original RFP/RFQ. Amendments are provided to ensure that all potential respondents are furnished with the same information with which to prepare proposals. Amendments to the RFP/RFQ shall be identified as such and shall require acknowledgment as such by firms receiving the RFP/RFQ within a reasonable time period before the closing date. If the time and date established for the receipt of proposals does not allow sufficient time for consideration and changes, the time and date will be modified by amendment.
Proposal Opening:
Proposal shall be submitted electronically through the BidsOnline System, to the issuing Department or to the City Clerk's office and shall be clearly identified with the Proposal number on the envelope. Any proposal received after the time specified in the RFP/RFQ shall be returned unopened. Respondents may modify or withdraw their proposals prior to the established closing date and time, without penalty. However, any modifications submitted after the established closing date and time will not be accepted. Such modifications will be returned to the respondent, unopened. Proposals and modifications shall be shown only to the evaluation committee personnel, the City Clerk or his/her designee, the Department Head and the Finance Department until a recommendation is made to Council or all proposals have been rejected.
Rejection of Proposals: The City reserves the right to reject any and all proposals, to accept or reject any one or more items of a proposal, or to waive any irregularities or informalities in the proposal or the RFP/RFQ process if to do so is deemed to best serve the interests of the City.
Evaluation Factors and Method:
Because unique services are requested, cost is not considered the primary selection criteria.
General quality and responsiveness of the proposal, including but not limited to: >- Responsiveness to the terms, conditions, and items of performance; >- Completeness and thoroughness of the proposal; >- Grasp of the problem, work to be performed, and approach to be used. >- Organization and personnel making the proposal: >- Evidence of good organizational and management practices. >- Qualification of the personnel. >- Specialized experience of the firm and its personnel relative to the required services. >- References who can be contacted to verify past record of performance, i.e., completion of a quality
product, in a timely manner, and within budget constraints. Page 37 of 44
>- The financial condition of the firm. >- Capacity of the firm to perform the subject project within a required time frame >- If appropriate, the price, in any of the following formats, may be considered. >- Total price and price breakdown. >- Price range. >- Cost schedule.
A Selection Committee shall be formed to evaluate the submitted data and determine the consultants that should receive further consideration. The Committee shall be appointed by the issuing department and may consist of more than one department. For example one or more people from the issuing department, one person from Finance, one person from the City Attorney's office, an expert in the field or one or more employees from another department.
The Selection Committee may choose to interview all of the responding consultants, only the top few ranking consultants or to not perform interviews.
After the interviews (if applicable), the Selection Committee shall rank the consultants based on their proposals, interviews, and references.
On-Call (Ongoing) Professional Services
In some instances it is in the best interest of the City to have on-call contracts with multiple consultants for the same or very similar services (i.e. services that can be defined as to scope of work but not as to required events such as soils testing, contract building inspection services, architectural services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual on-call processional service contracts.
The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts. However, multiple firms may be awarded an on-call contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place.
As events occur and need arises, work may be assigned to the consultants on the eligibility list. The Department Head shall make a reasonable attempt to rotate work between consultants subject to availability and special needs or by soliciting proposals from the consultants on the eligibility list.
Negotiation: The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment.
Awarding the Contract:
The Department Head/Division Head shall prepare an agenda report to City Council recommending the most responsive consultant. The Council shall then award the contract in a public meeting. All contracts exceeding $10,000 must be awarded by the City Council. Otherwise:
Such purchases are void and not considered an obligation of the City. Invoices may be returned to the contractor/service provider unpaid. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract.
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Contract and Purchase Order:
A contract shall be prepared detailing the consultant's name, service being purchased, and total price of the service being purchased. The consultant shall sign three original copies. The issuing Department/Division will obtain a completed IRS form W-9 from the consultant. Proof of insurance in accordance with the contract shall be obtained. A purchase requisition shall be prepared in the MUNIS Financial System. A copy of the contract together with the proof of insurance, evidence of the competitive solicitation, minutes and legal opinion shall be attached to the purchase requisition. The City Clerk, City Attorney, and Mayor/City Manager shall sign the three original copies of the contract. One original copy of the executed contract shall be returned to the contractor/service provider, the issuing Department shall keep the second copy and the third copy shall remain in the City Clerk's Office.
Renewals: Contracts for ongoing services may include annual renewal provisions for up to three additional years. However, all contracts that exceed $10,000 in overall contract amount must be approved by the City Council. Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the Finance Director.
Change Orders: The City Manager is authorized to issue change orders for changes or additions to original scope of work that result in less than a $10,000.00 overall contract amount increase. Change orders in excess of the $10,000.00 contract amount increase shall be brought to the City Council for approval.
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ATTACHMENT A. - City of Richmond - RFP/RFQ Evaluation Committee Guidelines (Sample Documents)
The Evaluation Committee (EC) has the authority to review and evaluate proposals received by the City in response to a specific Request for Proposals (RFP) or Request for Qualifications (RFQ) for the purpose of identifying the most competitive or best qualified proposal(s) from responsive and responsible offerors.
General guidelines:
Identifying Evaluation Committee Members. The members of the EC should be identified prior to the solicitation issuance. Members of the EC should have professional interest and expertise to evaluate proposals and make recommendations that could lead to the selection of one or more offeror(s) who will provide products/services to the City in an acceptable manner pursuant to the RFP/RFQ.
EC Member Participation Form. The Project Manager (PM) will send an Evaluation Committee Member Participation Form to the individual EC members and each member shall return an executed copy to the PM.
Preparing the Evaluation Rating Matrix (Attachment C). The EC will identify mandatory, non-mandatory requirements, in addition to establishing evaluation criteria and assigned weight. The evaluation criteria and assigned weight shall be consistent with the criteria defined in the RFP/RFQ.
Initial Review of Proposals. The PM will review received Proposals for compliance with the submittal criteria and content requirements. The EC will review Proposals that are deemed "responsive and responsible". A responsive RFP/RFQ is one that meets all the terms, conditions and specification of the RFP/RFQ. A responsible RFP/RFQ is one where the proposer has the overall capability to satisfactorily perform the contract. "Non-Responsible" Proposals will not be evaluated and shall be rejected from any further consideration by the City.
Submitting Proposals to the EC. The EC members who have executed the Evaluation Committee Member Participation Form will be provided with all "responsive and responsible" Proposals and evaluation forms.
Independent and Individual Review. The EC shall review the received Proposals and independently score each Proposal. Scores shall be in accordance with the Evaluation Rating Matrix and shall represent each evaluator's best objective judgment.
Convening EC Committee Meetings. The EC meeting(s) shall be convened by the PM on the date and time designated. Each member will bring his/her completed technical evaluation form. The EC members will discuss the individual scores and, as a result of the discussion, each member may adjust the member's individual scoring up or down as appropriate. The PM shall average the individual scores to determine the Offeror's score for that particular question/requirement.
Analyzing Cost Proposals. When applicable, the City may utilize lowest cost, lowest total cost, Total Cost of Ownership (TCO) or greatest savings to determine best offeror; provided, however, the City must abide by any statements within the RFP regarding cost evaluation.
Overall Scores Preceding Negotiations. The EC will identify which offeror(s) submitted the best ranked, responsive and responsible proposal(s) according to the evaluation and scoring by the EC. The Cost and Evaluation Rating Matrix summary or such other appropriate document should be used to determine the award recommendation and the offeror(s) that will participate in negotiations, if applicable.
Convening a Negotiation Team. If the EC elects to initiate negotiations, as approved by the PM, in order to ensure that the City is receiving the best value and/or the most cost-efficient goods and/or services, then a Negotiation Team (NT) will convene. The NT may include any or all members of the EC or other individuals as appropriate; provided, however, only the EC may rescore proposal revisions following negotiations. The NT will develop the Negotiation Plan and Negotiation Script.
Capturing Negotiation Results & Award Recommendation. If the City elects to negotiate with identified offerors, the offerors will each be asked to submit a Proposal Revision following each round of negotiations, which Proposal
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Revision will then augment the original RFP submission. Each Proposal Revision will be evaluated and re-scored by the EC utilizing the same evaluation criteria. Upon completion of negotiations, the PM will prepare the Evaluation and Selection Report and obtain EC's signatures approving the award recommendation.
Final Contract Award. Based on the recommendations contained in the Evaluation and Selection Report, the PM will prepare an Agenda Report to present to Council. Upon Council approval, the PM will process the contract to be executed by the offeror and the City.
Maintaining Agency Records. All evaluation/negotiation documents/forms completed by each evaluator and by the EC and NT will be collected by the PM and become part of the official records and subject to the Public Records Act.
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ATTACHMENT B.- EVALUATION COMMITTEE MEMBERS PARTICIPATION FORM
(Solicitation Title)
REQUEST FOR PROPOSAL (Sample Documents)
You have been asked to participate in the evaluation of offers that have been received as the result of the competitive solicitation referenced above.
It is essential that the integrity of the evaluation process is maintained to ensure that each bidder or offeror is given fair and equal consideration. Your knowledge of and/or past or current association with particular firms and/or individuals must not influence your evaluation. The written responses to the solicitation and any subsequent respective clarifications and/or negotiations must stand alone, and you are required to be particularly objective and guard against any tendency to favor a particular firm or individual.
You are required to report to the Project Manager any actual or potential conflict of interest.
An additional consideration is the need to maintain confidentiality during the evaluation regarding the contents of the offerors' or bidders' responses, as well as the proceedings of the evaluation committee. Any inquiries regarding the evaluation of this particular solicitation must be directed to the Project Manager.
You are asked to read and sign the following statement:
I have read, understand, and agree to the above, and I will adhere to the policies presented. I do not know of any conflict of interest on my part, nor have I accepted any gratuities or favors from potential offerors or bidders, which would compromise my objectivity. I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my best to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each offeror's or bidder's response.
Weight Assigned Total Evaluation Criteria % Score 1- Points Comments
10 1. Qualifications afFirm
1.1 Technical experience in performing work of a closely similar nature 1.2 Experience working with public agencies 1.3 Strength and stability ofthe firm % 1.4 Strength, stability, experience and technical competence of subcontractors 1.5 Assessment by client references 1.6 Knowledge of applicable laws and regulations. 2. Staffing and Project Organization 2.1 Qualifications of project staff 2.1.1 Key personnel 2.1.2 Project Manager 2.2 Key personnel's level of involvement in performing % related work cited in "Qualifications of the Firm" section 2.3 Logic of project organization 2.4 Adequacy oflabor commitment; 2.5 Concurrence in the restrictions on changes in key personnel 2.6 Ability to deal with City staff
3. WorkPlan Depth of Offeror's understanding of City's requirements and overall quality of work plan Logic, clarity and specificity of work plan Appropriateness oflabor distribution among the tasks % Ability to meet the project deadline Reasonableness of proposed schedule; Utility of suggested technical or procedural innovations.
4. Cost and Price ASSIGN POINTS FOR COST %
TOTAL POINTS~ LOW PRICE/PROPOSAL PRICE X WEIGHT
5. Interviews/Presentation -(Optional) 5.1 Quality and clarity of presentation 5.2 Ability of presenter to answer questions 5.3 Demonstrations (if required) % 5.4 Demonstrated understanding of the project
TOTAL WEIGHT MUST EQUAL: 100%
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Scoring Mechanisms
For the evaluation criteria, the following scoring mechanism will be used. The points awarded for each criterion are determined by multiplying the weight by the assigned score.
Exceptional (Assigned Scores - 9 to 1 0) -
The approach will yield a result that exceeds the Objectives qualitatively. The proposal offers an approach or features with little or no risk. The response covers areas not originally addressed within the RFP category and includes additional information and recommendations that would prove both valuable and beneficial to the City of Richmond. This response is considered an excellent approach demonstrating the Supplier's authoritative knowledge and understanding of the project.
Exceeds Objectives (Assigned Scores - 7 to 8) -
A very good response that shows experience and knowledge within the category. The Supplier provides insight into their expertise, knowledge and understanding of the subject matter. The collective approach yields a qualitative benefit to the project that is beyond the minimum objectives. The approach being proposed or the majority of the features are acceptable or above the objectives set out in the RFP. The Supplier can easily implement additional features or options. A minimal number of resources will be required from the City of Richmond.
Meets Objectives (Assigned Scores - 5 to 6) -
The approach or the majority of the features proposed meet the objectives. No apparent deficiencies noted. Some items could be improved upon but are still considered acceptable. To enhance them may require rework and resources from the Supplier and/or the City. The ranking should reflect some qualitative achievement(s) such as acceptable delivery timeframe, enduser training program, etc.
Fails to Meet Objectives (Assigned Scores - below 5)-
The proposed approach or a majority of the features for the item are deficient. The approach taken is undesirable and correction would require a major and material change in the proposal. The correction of any deficiencies either collectively or individually, poses a serious problem in correction or has a "domino" effect on the other design features.
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OPERATIONS BULLETIN WORKFORCE INNOVATIONS AND
OPPORTUNITY ACT
EXHIBIT 2-C
Policy Number ETP 05-1007 WIOA Revision Approval DATE: 1/19/2017 Approval DATE: Oct 2007, July 2016 Incident Reporting Policy
Pa e 1 of 3
INCIDENT REPORTING POLICY PROCEDURE FOR PROCESSING SUSPECTED CRIMINAL ACTIVITY IN WIOA PROGRAMS
I. GENERAL INFORMATION
The City of Richmond Workforce Development Board's goal is to fortify program systems and to place a high priority on eliminating program fraud and abuse. Consistent with this goal, systematic procedures for reporting alleged instances of suspected or actual fraud, abuse, or criminal conduct in WIOA programs are as follows:
These procedures are to be used for reporting criminal complaints and reports of fraud , waste, or program abuse related to RWDB WIOA programs. The scope of this policy will encompass actions by any staff or official of the, State of California Employment Development Department, Office of the Governor, Local Area, as well as staff, officials, and program participants of recipients, sub-recipients, and contractors.
The WIOA regulations, Title 20 CFR 683.620, requires that information and complaints involving criminal fraud, waste, abuse or other criminal activity must be reported immediately through DOL's Incident Reporting System to Office of the Inspector General (OIG) with a copy simultaneously provided to the Employment and Training Administration (ETA). The Incident Reporting System also processes non-criminal complaints regarding mismanagement and gross waste of funds.
The information requested in EDD's directive completes DOL's Incident Report Form (Exhibit B) and acknowledges the types of incidents that the OIG Hot Line seeks to identify. Reports may be submitted to the OIG at their Web site http://www.oig.dol.gov/hotlinemain.htm, by telephone at 1-800-347-3756, by fax to (202) 693-5210, or by mail to:
Office of Inspector General- United States Department of Labor 200 Constitution Avenue, N.W. , Room S-5506 Washington, D.C. 20210
This directive ensures that all instances of fraud, abuse, or other criminal activity associated with WIOA-funded activities are concurrently reported to the Compliance Review Division (CRD). When an individual has knowledge or suspicion of a violation of the WIOA or its regulations, the individual must take prompt and appropriate action.
POLICY AND PROCEDURES: Definitions: Complaint, for this directive only, means criminal complaint and non-criminal complaints accepted by DOL as incidents, such as gross waste of funds, mismanagement and dangers to the public health and safety.
Sub-recipient, for this directive, means LWDAs and other recipients that receive WIOA funds directly from the State. Lower-tier sub-recipient means a recipient that does not receive WIOA funds directly from the State.
General:
OPERATIONS BULLETIN WORKFORCE INNOVATIONS
AND OPPORTUNITY ACT
Policy Number ETP 05-1007 WIOA Revision Approval DATE: 01/19/2017 Approval DATE: Oct 2007, July 2016 Incident Reporting Policy
Page 2 of 3
All sub-recipients that receive WIOA funds shall promptly report to RWDB all allegations of WIOA-related fraud, abuse, and other criminal activity. Included are definitions related to reportable issues. Each sub-recipient shall establish appropriate internal program management procedures to prevent and detect fraud, abuse, and criminal activity. These procedures must include a reporting process to ensure that OIG and CRD are notified immediately of any allegations of WIOA-related fraud, abuse, or criminal activity. Internal management procedures must be in writing and include the designation of a person on the sub-recipients' staff who will be responsible for such notifications. Lower-tier sub-recipients will establish, document, and implement procedures to immediately notify the funding entity of any suspected or proven fraud, abuse, or other criminal activity involving WIOA-funded activities. Funding entities must provide written notification to lower-tier sub-recipients regarding their responsibilities to be alert for instances of fraud, abuse, and criminal activity committed by staff, contractors, or program participants and to report all such instances to the funding entity, OIG and CRD immediately. Proof of this notification must be maintained in the funding entity's files. Sub- recipients detecting the presence or appearance of fraud, abuse, or other criminal activity must obtain sufficient information to provide a clear, concise report of each incident. Reports must include a statement of all facts, known at the time, as well as any known or estimated loss of WIOA funds resulting from the incident. It is important that an initial report is made to OIG and CRD within one working day of the detection of the incident. The submission of an incident report should not be delayed even if all facts are not readily available. Any facts subsequently developed by the subrecipient are to be forwarded in a supplemental incident report.
The reporting procedures do not supersede the responsibility for sub-recipients to safeguard WIOA funds by taking prompt and appropriate corrective action when any evidence of a violation of WIOA or its implementing regulations is found.
Reporting: Within 72 hours of detection or discovery of information alleging fraud, abuse, or other criminal activity involving WIOA funds, a written incident report shall be prepared by the detecting entity. The report must be submitted on the attached form or similar document containing the requested information.
Submit the report to : Attention: Charita Patterson, MIS Admin. & One-Stop, AJCC Supervisor COR, Employment & Training Department 330 - 251
h Street Richmond, CA 94804
Allegations considered to be of an emergency nature may be reported by telephone to, the RWDB One-Stop AJCC Supervisor followed immediately thereafter by a written incident report.
OPERATIONS BULLETIN WORKFORCE INNOVATIONS
AND OPPORTUNITY ACT
Policy Number ETP 05-1007 WIOA Revision Approval DATE: 01/19/2017 Approval DATE: Oct 2007, July 2016 Incident Reporting Policy
Page 3 of 3
The Workforce Development Division will forward any incident report it receives to CRD. The CRD will record any incident report it receives in the WIOA Incident Report System and forward the incident report to DOL/ETA, Region 6, within one working day of receipt. However, CRD may have to contact the reporting entity for clarification or additional details prior to forwarding it to Region 6. Concurrently with its transmittal of the incident report to Region 6, CRD will , when applicable, notify the reporting entity to take appropriate action to recover misspent funds, or to contain its financial liability. Upon receipt, ETA Region 6 will forward the incident report to DOL Regional OIG, San Francisco.
Subsequently, Region 6 will advise EDD of the action to be taken by DOL Regional OIG. If OIG decides to investigate the incident, CRD will wait for OIG's results before commencing the state-level formal resolution. If OIG decides not to investigate the incident, CRD will request, when appropriate, a special monitoring review or an investigation by the appropriate state entities. Otherwise, CRD will require the sub-recipient to submit its fact finding and local resolution.
Whenever the entity reporting the allegation of an incident believes that immediate action to prevent further financial loss or other damage is necessary, or recovery of funds or property may be impeded if immediate action is not taken , the reporting entity has the responsibility to take any action it deems appropriate, including contacting the local law enforcement agency. Any immediate action taken or planned by the reporting entity must be reported to CRD when the incident report is submitted.
Allegations of fraud , abuse, or other criminal activity in WIOA-funded programs may originate from sources other than sub-recipients. Such sources may include informants, independent auditors, or local law enforcement agencies. Whenever EDD receives an allegation from such source, CRD will prepare an incident report (DOL Form DL 1-156) and submit it to Region 6, in accordance with this directive. In such a case, CRD will, when appropriate, inform the subject sub-recipient of the incident reported and advise the latter of the need to take certain action. During an investigation , based on a report of fraud or abuse, RWDB, DOL and OIG investigators or auditors may contact a sub-recipient regarding an incident of which the sub-recipient was not previously aware. Upon learning of the incident from federal sources, the sub-recipient should contact CRD to determine whether the latter is aware of the incident. If the subrecipient is not aware of the allegations but CRD is; then the latter will, when appropriate, inform the former of the specific allegations contained in the incident report.
LOCAL AREA COMPLAINT PROCESSING PROCEDURE
The RWDB Local Area shall abide by the procedures for reporting known or suspected instances of fraud , program abuse, or criminal conduct relating to programs funded by the U.S. Department of Labor.
Local Area Staff Designation. Each Local Area shall designate an individual or individuals to receive and assist in the preparation of Incident Reports. Such designation shall also include an individual other than a supervisor or manager to whom an individual can file an Incident Report where there is concern their position will be compromised by submitting information believed to indicate actual, potential, or suspected wrongdoing . This designation, and any subsequent change to this designation, should be reported to Assurances should be made that an Incident Report is completed in its entirety and forwarded for processing to the Local Area designated official if the report is made to any other staff member.
EXHIBIT 3-A
RCH AJCC Operator - Timeline Procurement Process - ACTION PLAN
(Due Date- March 1, 2017) As of January 27, 2017
Action Date Occurred Completed By
Status/Updates
Procurement of AJCC Operator and DW/Adlt Service Provider March 1, 2017 State WDB Documents due to CWDB by March 1, 2017
Staff met with COR department staff on different ocassions to Oct- Nov 2016
WDB, CA, CC,FP, RFP to be released by Finance Dept. 12/22/16
determine direction of RFP for 1-Stop Procurement proposals Staff
Contract Compliance Staff meet with other City staff to develop December 2016 CC, FP, Staff
Finance Dept. met with Contract Compliance to develop
Request Info for Bids on line RFP.
Released in Bids on Line-AJCC Operator; staff received Project Report Dec 22, 2016 CC, FP
Completed
from Finance Dept. (644) vendors were notified.)
AJCC Operator RFP process closed - Bids on Line report to be Jan 03, 2017 FP
Completed. Bids Report and other pertinant documents
The Richmond Workforce Development Board (the "WDB") governing body and administrator for the Richmond Workforce Development Area pursuant to the provisions of the new federal Workforce Innovation and Opportunity Act ("WIOA"). In this capacity, RWDB, in concurrence with the City of Richmond Department of Finance, is charged with the responsibility for selecting its One-Stop Operator or Operators through a competitive process every four years. One-Stop Operators are defined in Subpart D: One-Stop Operators; part 678 of Title 20 of the Code of Federal Regulations (20 CFR 678).
The WDB is issuing a formal request for proposals for its One-Stop Operator selection process and expects to limit the role of the One Stop Operator to the minimum requirement of "coordinating the service delivery of required one-stop partners and service providers".
The WDB expects to budget no more than $10,000 for this service.
The WDB understands that its One-Stop Operator may be a single entity (public, private or non-profit) or a consortium of entities and that if the consortium consists of One-Stop Partners as defined in the WIOA, the consortium must consist of a minimum of three defined One-Stop Partners.
This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification.
Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.
PROPOSAL FORMAT GUIDELINES
The proposal should be concise, well organized, and demonstrate the proposer's qualifications and experience applicable to the Project. The proposal shall be limited to 20 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub-consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.
Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be
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included in the Vendor's response:
A. Vendor Cover Letter A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood;
• Include a statement of intent to perform the services as outlined;
• Express company's willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B);
• Submit a written description and brief history of the company's experiences, qualifications and successes in providing One-Stop Operator services described herein. Please indicate the number of employees, client base and location of offices.
• Indicate the address and telephone number of the vendor's office located nearest to Richmond, California and the office from which the project will be managed.
• Identify a single person for contact during the RFP review process; and
• Cover letter shall be signed by an authorized official of the company.
B. Background and Project Summary Section The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP.
C. Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:
1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.
D. Staffing
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• Describe proposed Project team organization, including identification and responsibilities of key personnel. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond's evaluation of the proposal will consider the proposer's entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond. If you intend to bid as a consortium of One-Stop Partners please identify the two additional qualified consortium partners you will be working with.
Describe the experience of the proposer's Project team in detail, including the team's Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client's name and correct telephone number. It is the City of Richmond's policy to interview proposers' references as well as references identified by the City of Richmond.
E. Qualifications The information requested in this section should describe the qualifications of the firm, key staff and consortium partners performing projects within the past three years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service.
2) A summary of your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.
3) Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
a) Client Name and contact info • Telephone & e-mail address • Address
b) Description of services provided including contract amount c) Project start and end dates
F. Cost Information
Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying: (1) the number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this Project; (2) all other direct costs, such as materials and reproduction costs. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will
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be paid above and beyond the original quote given by the selected Vendor.
Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.
G. Implementation and Training Plan Please provide a high-level implementation approach including estimated timeline for the One-Stop Operator services to be fully implemented.
H. Value Added Services Please provide any additional services of benefit not specifically required herein, which the Offeror offers to provide.
I. Previous Contracts with the City of Richmond The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond's assigned Project Manager, and contract value.
J. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond's Standard Services Agreement - RFP (Attachment B). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond's Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond's Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
K. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer's team. This proposal shall include a statement declaring that the proposer's and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond's interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
PROCESS FOR SUBMITTING PROPOSALS
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Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca .us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
Please submit an original and four (4) hard copies of the proposal along with one (1) copy on a disc/flash drive. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.
The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Proposer is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions, so as to reach the City of Richmond's office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is "late" and will not be considered
The proposal must be addressed to and received no later than 3:00p.m., local time, on January 3, 2016, at the office of:
City of Richmond, Finance Department Attention: Ofelia Alvarez 450 Civic Center Plaza, 1st Floor Richmond, CA 94804
Postmarks will not be accepted in lieu of this requirement.
Proposals are to be submitted in sealed packages with the following information clearly marked on the outside of each package:
1. Name of proposer 2. Project title
With regard to any proposal sent by mail to the City, the proposer shall be solely responsible for its delivery to the City prior to the date and hour set forth herein . Any proposals received subsequent to the date and hour set forth herein, because of delayed mail delivery or any other reason, will not be considered by the City.
The City of Richmond reserves the right to waive inconsequential irregularities.
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GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The City reserves the right to:
1. Reject any or all proposals. 2. Issue subsequent Requests for Proposal. 3. Postpone opening for its own convenience. 4. Remedy technical errors in the Request for Proposal process. 5. Negotiate with any, all, or none of the Respondents. 6. Solicit best and final offers from all or some of the Respondents. 7. Select one or more Respondents. 8. Accept other than the lowest proposed fees. 9. Waive informalities and irregularities in proposals.
Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.
Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment A. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
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Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications ("Ban the Box") (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
Collusion
By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act) , distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further
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consideration. Proposals will be reviewed .and evaluated by an evaluation committee comprised of City of Richmond personnel.
The top Proposals may then be invited to make a presentation to the evaluation panel in a City Office in Richmond, California, at no cost to the City. The selected proposal shall provide the most cost effective approach that meets the City's requirements. The lowest price proposal will not necessarily be selected.
The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow-up with requests for additional information, including, but not limited to, follow-up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:
The Proposal/Methodology and Approach to Work - 20%
The proposer's responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:
• Ability to provide services as outlined in the RFP. • Approach and proposed methodology to project scope • Demonstrated knowledge of the work required • Explanation of the Project or services required • Innovative approaches and internal measures for timely completion of Project
Experience/Past Performance/References - 20%
Consideration will be given based upon the firm's experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.
Project Team- 20%
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate the firm's:
• Qualifications and relevant individual experience • Unique qualification of key personnel • Staff Availability I Time commitment of key members • Organization chart
Proposer Qualifications- 20%
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This category will evaluate the respondent's ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
Cost Proposal - 20%
Interview/presentations
Upon request of the City of Richmond, vendors may be requested to give an oral presentation/demonstration on vendor's proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should Offeror receive the award. An in-person presentation is preferred but City staff will work with the vendor to determine what is feasible. The demonstration shall be conducted at no cost to the City.
The City will schedule the date, time, and location with the successful finalists. If the vendor fails to show up on the date stipulated, the City may elect to reject the proposal or to re-schedule in its best interest.
Vendors are not guaranteed an opportunity to interview. Vendors may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals.
Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:
• Resolving minor differences and information • Clarifying necessary details and responsibilities • Emphasizing important issues and points • Receiving assurances from respondents • Cost/budget clarifications
If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.
Selection may be made without further discussion, negotiations or Offeror's presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include
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information that will enable the City to determine the Offeror's overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
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City of Richmond
One-Stop Operator Services RFP, bidding on January 3, 2017 3:00PM (Pacific)
Bid Detail
Bid Information
Project Title One-Stop Operator Services RFP
Invitation No.
Bid Posting Date December 22, 2016 11 :25 AM (Pacific)
Project Stage Closed
Bid Due Date January 3, 2017 3:00PM (Pacific)
Response Format Paper only
Link to Project on Public Site https://www.planetbids.com/portal/portal.cfm?Companyi0=14590&Bidl0=31737
Reference ID
Project Type RFP (Request For Proposal)
Response Types Line Item
Type of Award Lump Sum
Categories 90903 - Administration Of Contracts: Summary Of Work, Quality Control, Project Closeout, Etc. 91800- Consulting Services
License Requirements
Department Finance
Address 450 Civic Center Plaza, Richmond, California
County Contra Costa
Bid Valid
Liquidated Damages
Target Bid Amount $0.00
Estimated Bid Value
Start/Delivery Date
Project Duration
Prevailing Wage No
Cooperative Bid No
Piggy-backable No
Preferences
Restriction Type None
Restricted To
Bid Bond Information Bid 0.0%
Performance 0.0%
Payment 0.0%
Pre-Bid Meeting Information Pre-Bid Meeting No
Online Q&A
Online Q&A No
Contact Information Contact Info Ofelia Alvarez - 510-620-6699
One-Stop Operator Services RFP, bidding on January 3, 2017 3:00PM (Pacific) Printed 01/05/2017
Bid Detail
Description Scope of Services The Richmond Workforce Development Board (the "WDB") governing body and administrator for the Richmond Workforce
Development Area pursuant to the provisions of the new federal Workforce Innovation and Opportunity Act ("WIOA"). In this capacity, RWDB, in concurrence with the City of Richmond Department of Finance, is charged with the responsibility for selecting its One-Stop Operator or Operators through a competitive process every four years. One-Stop Operators are defined in Subpart D: One-Stop Operators; part 678 of Title 20 of the Code of Federal Regulations (20 CFR 678).
The WDB is issuing a formal request for proposals for its One-Stop Operator selection process and expects to limit the role of the One Stop Operator to the minimum requirement of "coordinating the service delivery of required one-stop partners and service providers".
The WDB expects to budget no more than $10,000 for this service.
Other Details For assistance in downloading RFP, please contact [email protected]
Notes
Local Programs & Policies
Special Notices
Downloadable Files File Title
Insurance Type 2- Professional Services
Standard Contract
Business Opportunity Ordinance 2.5
Ban the Box Ordinance
Local Employment Program Ordinance
RFP
Download File Fee $0.00
File Name File Size On Server
Sample Type 2- Professional Services 240.4 kb On Server Contracts.pdf
Sample - Standard Contract. pdf 688.1 kb On Server
Business Opportunity Ordinance 2_50.pdf 60.9 kb On Server
Ban the Box 2_65.pdf 72.6 kb On Server
Exhibit2- 56.5 kb On Server Loca1EmploymentProgram0rdinance20 1 O.p df
One Stop Operator RFP.doc 158.7 kb On Server
Uploaded Date
12/22/2016
12/22/2016
12/22/2016
12/22/2016
12/22/2016
12/22/2016
Hard Copy Plans Title/Description Receive From Plan Fee Mailing Fee
Visible
Yes
Yes
Yes
Yes
Yes
No
Refund
City of Richmond
One-Stop Operator Services RFP, bidding on January 3, 2017 3:00PM (Pacific)
Line Items
Type Item Code
Section 1
RFP
UOM Qty Ref
ea
Page 3
Printed 01/05/2017
MFR Model# Brand Req Brand Delivery Loc
Inc.
City of Richmond
One-Stop Operator Services RFP, bidding on January 3, 2017 3:00 PM (Pacific)
Vendor Notifications
664 vendors notified
Notified Vendors on December 22, 2016
Using Criteria Category: 90903- Administration Of Contracts: Summary Of Work, Quality Control, Project Closeout, Etc. 91800- Consulting Services
4LEAF, Inc. (325732) 2110 Rheem Drive Pleasanton, CA 94588 United States
A Squared Ventures, Inc. (221006) 1970 Broadway Suite 1100 Oakland, CA 94612 United States
A-1-Kuh-Muter Services, LLC (349163) 224 Cimarron Drive Vallejo, CA 94589 United States
A2Z Engineering Inc. (435111) 1618 E Diana Ave
Anaheim, CA 92805 United States
Abacus (452332) 20201 SW Birch Street, Suite 240 Newport Beach, CA 92660 United States
Acacia Consultants and Engineers (37592) 3025 Venture Road Placerville, CA 95667 United States
Accountable Assets Inc (331028) 280 Perry Road Perryopolis, PA 15473 United States
ackland international, inc. (37606) 333 hegenberger road suite 304 oakland, CA 94621 United States
Aero Service Corporation (305803) 39209 W Six Mile Road Suite 250 Livonia, Ml 48152 United States
Action Pressure Washing (361985) 1509 Rampart Way Brentwood, CA 94513 United States
AECOM Technical Services, Inc. (38715) 150 Chestnut Street San Francisco, CA 94111 United States
Aero-Metric, Inc (37664) 4020 Technology Parkway Sheboygan, Wl53083, WI 53083 United States
Affiliated Research Economics (37666) 1545 N. Verdugo suite 234 Glendale, CA 91208 United States
Contact: Alan Rosen OSB Phone: 415-464-1050 Fax: --Email: [email protected]
Contact: Jim Simon Phone: 714-541-4585 ext. 120 Fax: 714-541-1175 Email: [email protected]
Contact: Lawrence Ross Phone: 415-261-1590 Fax: Email: [email protected]
Page40
Printed 01/05/2017
City of Richmond
One-Stop Operator Services RFP, bidding on January 3, 2017 3:00PM (Pacific)
Vendor Notifications
Roux Associates, Inc. (340828) 555 12th Street #1725 Oakland, CA 94607 United States
Rowley International -Aquatic Design, Engineering & Consulting (40524) 2325 Palos Verdes Drive West Suite 312 Palos Verdes Estates, CA 90277 United States
RT Gerson (40534) 387 43rd Street Oakland, CA 94609 United States
RTKL Associates, Inc (40536) 333 South Hope Street C200 Los Angeles, CA 90071 United States
RunningM Group Inc (301133) 18042 Sycamore Ave Patterson, CA 95363 United States
Russell Resources, Inc. (40550) 440 Nova Albion Way, Suite 1 San Rafael, CA 94903 United States
Ryan LLC (293483) 345 California Street Suite 2150 San Francisco, CA 94104 United States
Saad & Shaw- Comprehensive Fund Dev Svc (40564) 360 Grand Avenue #170 Oakland, CA 94610 United States
Safe Moves (41 0059) 15500 Erwin St., #2451 Van Nuys, CA 91411 United States
SafeCon Consulting Group Inc. (40570) 8530 La mesa Blvd., #304 La Mesa, CA 91942 United States
Safety Center Incorporated ( 40571) 3909 Bradshaw Road Sacramento, CA 95827 United States
Safety Training Specialists, Inc. (40573) P.O. Box396 Glendora, CA 91740 United States
SAKK (343063) 21437 Rios St
Woodland Hills, CA 91364 United States
Salvador Godinez Jr (239571) 2505 McBryde Ave Richmond, CA 94804 United States
Contact: Sabrina Ma Phone: 415-967-6011 Fax: 415-967-6001 Email: [email protected]
Cc: Mayor Tom Butt; City of Richmond, Chief Elected Official Sal Vaca, Director; Employment & Training Department
Hello: Attached is the project report for the One-Stop Operator Services RFP.
664 Vendors were notified of the solicitation. 11 vendors downloaded the RFP and we did not receive any responses. Let me know if you have any questions.
Sole Source Justification THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE
Contact the Purch:1sing Division and discuss your rationale before completing this form. If Purchasing can hdp you make this a com etitive purchase, then this form will not be required. Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions> $3,000) Requested Sole Source Suppliet·:
Company Name: Richmond Workforce Development Board Contact Name: Sal Vaca ------------------Address: 330 -35th Street
City: Richmond State: CA Zip Code: _9_4_80_4 ____________ _
Duration of Contract: 4 years. January 25, 2017 thru March 31, 2021
Estimated Cost: $ n/a Funding Source (Account String) n/a ---------------Is the product/service IT related? Yes __ No _X __ If Yes, please attach the approved IT Authorization Form
For Product: Is the recommended company the manufacturer of the product? Yes__ No
For Product: Docs the manufacturer sell the item(s) through distributors? Yes__ No
Description ofProduct or Service: Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include tit em in a sepamte page)
The City of Richmond Workforce Development Local Area, represented by the Chief Elected Official (Mayor Tom Butt), has determined that the Richmond Workforce Development Board (RWDB) administrative entity, should remain as the Workforce Innovation and Opportunity Act (WtOA) America's Job Center of CA (AJCC) Operator For the Richmond Local Area. In accordance with EDD Directive WSD16-14, all Local Areas were required to complete the competitive procurement process for AJCC Operator Services. At the completion of an unsuccessful comprehensive procurement process (which occurred December 2016), the Local Area would be allowed to use the existing RWDB administrative entity via the Sole Source process. There are no Funds to be exchanged For this sole source document, only the statement that the RWDB administrative entity, the Employment and Training Dept., will be selected to continue to provide AJCC Operator services For the Richmond Local Area for 4 years - through March 31, 2021 . At the end of the 4 year term the AJCC Operator procurement process must be completed again, per the aforementioned EDD Directive.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTrONS: Explain why the
recommended company is the only company that can meet the requirement. Address the following: Are there any other
companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that
the recommended company has a significant advantage over any other company who can do this job? It is important to
sufficiently address Lhe key reason for awarding an order/contract without soliciting competitive bids. The rational must
be clear and convincing, avoiding generalities and unsupported conclusions.
There were no bids received for the AJCC Operator RFP solicitation ; therefore, the Richmond Local Area Chief Elected Official determined that the sole source process was the best method to maintain the existing level of services in the Richmond local area. Also, the current RWDB administrative entity has a proven track record of meeting and exceeding all requirements to remain the WIOA AJCC Operator for the Richmond local area. The City of Richmond's Employment and Training department has successfully worked as the administrative entity for the RWDB since its inception in 1998. They have consistently served the needs of employers and workers in Richmond and the surrounding region by working with key partners from city government, business, industry, education, economic development. organized labor, and community organizations to develop innovative ways to identify and address those needs. If allowed to remain the RWDB AJCC Operator, the RWDB will ensure a continuum of workforce development services that support the Richmond community.
(if additional space is needed, include ll1em In a separate page)
Page 11 Sole Source Form- Rev. May 12, 2016
Complete the following checklist A specific contractor is the only source of the required item because (check all that apply):
0 The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct
to the customer. (There are no dealers or distributors for contractor).
0 The required items are proprietary to the Contractor, and contractor does not sell direct to the
customer. Contractor solely distributes the item or serv~ce through only one dealer or distributor in
the United States. (There are no dealers or distributors fot contractor).
D
D
D
Note: If item or service is available from more than one source, the item or service may be treated
as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
D To be compatible or interchangeable with existing hardware
. D As spa:re or replacement hardware D For the repair or modification of existing hardware
Federal or state grant names vendor as condition of funding. (Attach copy of grant that names
vendor) There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other confl'((ctors are considered to be unable to overcome the substantial risk.
As the RWDB administrative entity, the Employment and Training department is staffed by civil service employees represented by SEIU Local1021 and IFPTE Local21 AFL CIO management employees and both unions have language in their Memorandum of Understanding with the City of Richmond that prohibits the outsourcing of work represented by the bargaining units. In addition, the City of Richmond provides direct General Fund support for RichmondWORKS staff and infrastructure costs; this vital support will be lost if city staff are NOT the AJCC Operator and Service Provider for the Richmond Local Area. The financial impact to Richmond workforce development services would exceed $1,200,000 on an annual basis. The loss funding will directly and severely impact the level and quality ofWIOA services for area employers and job seekers. The RWDB staff's ability to leverage existing resources, attract new resources, and identify potential pr1vatefpublic funding opportunities shows their commitment to workforce development within the Richmond local area. RWDB staff is dedicated to building strong partnerships with employers, educational systems, unions, and community organizations.
Continuation of prior Work- Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
(if additional space is needed, include til em in a separate page)
2jPage
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and tbc criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort ~o
review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest
involved in the selection made.
Depmiment: Office of the Mayor
Requester Name and Title: Alex Knox on behalf of Mayor Tom Butt
Note: Requester must be able to defend this justification. Date: January25, 2017 Phone: b I 0 ~ 20 'o03. Department Director (Ptint) _M_ay_o_rT_o_m_Bu_u _____ (Sign)~ Dale: / - 2C, ~ Z-tJ T7
Submit completed fot·m to the Purchasing Division (Prior to submission to City Manager)
Finance Director:
APPROVED: ~:L tA--
NOTA~ -------
City Manager . (Under $1 0,000.00)
DATE: _}_j&JdJ.!l
COMMENTS:
City Clerk Attesting to Council Approval (Over $1 0,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement re uires final aQproval by the City Manager and/or City Council. Sole Source must be approved by Finanrc Director, PRIOR to Council A[!.proval.
PROCEDURE Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, setvices and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form. Your request will then be restrictive and non-competitive, and will fall into a sole source category. Ifthe sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that yom request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
I. Personal preference for product or vendor. 2. Cost, vendor performance, and local service (these are generally considered award factors in competitive
bidding). 3. Features which exceed the minimum depatiment requirements.
3IPage
~-... Emp loy m e nl
EDD Dcvclop me nl Depar l m enl _, --
Si a l ~ of Callforni~
Workfo rce Ser vi ces
DIRECTIVE Date: December 19, 2016 Number: WSDlG-14
SELECTION OF AJCC OPERATORS AND CAREER SERVICES PROVIDERS
EXECUTIVE SUMMARY
This policy provides the guidance and establishes the procedures regarding the selection of America's Job Center of California5M (AJCC) Operators and Workforce Innovation and Opportunity Act (WIOA) Adult and Dislocated Worker Career Services Providers. This policy applies to all Local Workforce Development Boards (Local Board), and is effective on date of issuance.
This policy contains no state-imposed requirements.
This directive finalizes Workforce Services Draft Directive Selection of AJCC Operators and Career Services Providers (WSDD-153), issued for comment on September 30, 2016. The Workforce Development Community submitted eight comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 3.
Retain this directive until further notice.
REFERENCES
• WIOA (Public Law 113-128)
• Title 2 Code of Federal Regulations (CFR) Part 200: "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (Uniform Guidance)
• Title 2 CFR Part 2900: "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (Department of Labor Exceptions)
• Title 20 CFR WIOA, "Department of Labor; Final Rule"
• Title 34 CFR WIOA, "Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions; Final Rule"
BACKGROUND
The AJCC locations are the core of California's workforce system. The AJCC Operators and Adult and Dislocated Worker Career Services Providers play a critical role in ensuring that AJCCs are
The EDD Is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.
Page 1 of 7 69:01
The responsibilities of both the AJCC Operator and Adult and Dislocated Worker Career Services Provider includes the following:
• Reporting to Local Boards on operations, performance, and continuous improvement recommendations.
• Implementing policies established by Local Boards. • Adhering to all applicable federal and state guidance.
To further support regional planning efforts, Local Boards may also choose to regionally select an AJCC Operator or Adult and Dislocated Worker Career Services Provider if operational conditions make it feasible. Selecting one AJCC Operator or Adult and Dislocated Worker Career Services Provider for all of the Local Boards in a Regional Planning Unit may help align, coordinate, and integrate programs and services on a regional basis.
It is important to note that there are certain restrictions Local Boards must adhere to when defining the AJCC Operator role. Within the defined roles and responsibilities, the AJCC Operator may not perform any of the following:
• Convene system stakeholders to assist in the development of the local plan.
• Prepare and submit local plans.
• Be responsible for oversight of itself.
• Manage or significantly participate in the competitive selection process for AJCC Operators.
• Select or terminate AJCC Operators, Adult and Dislocated Worker Career Services Providers, and Youth Service Providers.
• Negotiate local performance accountability measures.
• Develop and submit budget for activities of the local Board in the Local Area.
If the entity serving as the AJCC Operator also serves in a different capacity within the AJCC service delivery system (e.g. Local Board support), it may perform some or all of the functions listed above only when acting in its other role as long as there are clearly established firewalls and conflict of interest policies and procedures in place that conform with Title 20 CFR Section 679.430 (Title 20 CFR Section 678.620).
Definitions
For the purposes of this directive, the following definitions apply:
Conflict of Interest- An employee, officer, agent, or any member of the organization that has interest in a financial gain or tangible benefit and who participates in the selection, award, or administration of a contract supported by a federal award (Uniform Guidance Section 200.318[c][1]).
Firewall- An established policy or procedure that acts as a barrier or protection against an undesirable influence, outcome, or authority. Examples offirewalls include but are not limited to organizational arrangements that provide clear separation of duties and responsibilities,
Page 3 of7
• Comply with federal regulations and procurement policies relating to the calculation and use of profits as 0utlined in Uniform Guidance.
• Adhere to any applicable firewalls or internal controls.
Procurement Standards
When selecting an AJCC Operator, Local Boards are required to fully adhere to the federal procurement standards outlined in Uniform Guidance Sections 200.318-200.326, as well as their local procurement policies.
Although the intent of WIOA is for all Local Boards to procure their AJCC Operators through a full and open competitive process, the Uniform Guidance allows for very limited Instances in which alternate procurement methods may be allowed, if substantial justification is provided.
The following are allowable procurement processes under Uniform Guidance:
o The AJCC Operator services are only available from a single source. o The public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation. o After solicitation from a number of sources, competition is determined to be
inadequate.
Whichever procurement method is used, Local Boards must retain extensive written documentation of the procurement process (20 CFR 678.605[d} and 678.610[b]). Local Boards must also make available to the public, through electronic means and open meetings, information regarding their selection of AJCC Operators (WIOA Section 107[eJ).
All AJCC Operators must be in place and operating in the AJCCs no later than July 1, 2017 (Title 20 CFR Section 678.635).
Conflict of Interest and Firewa/ls
If the Local Board or administrative entity wishes to compete to be the AJCC Operator they must arrange for a neutral third party to conduct the competitive process. The third party may be a consultant, professional, outside government agency, or other independent entity. The Local Board must ensure that the third party does not participate in the competition by bidding, competing, or having any financial interest in the outcome of the procurement.
Local Boards who use a third party to conduct the competitive process must a create a firewall in its procurement policy that only allows the Local Board to contribute the necessary and relevant federal, state, and local procurement requirements to the third party for them to conduct the competitive process. This information must be furnished to the third party prior to the start of the procurement process. It is imperative to note that the Local Board is prohibited
Page 5 of7
Dislocated Worker Career Service Providers through the awarding of contracts by allowing them to fulfill the role themselves. In line with the time period of selecting of AJCC Operators, if a Local Board receives approval to provide Adult and Dislocated Worker Career Services, that approval will be valid for a maximum of four years, after which time another request must be submitted.
If a Local Board wants to provide Adult and Dislocated Worker Career Services, the local CEO must submit the Request for Approval to be Adult and Dislocated Worker Career Services Provider application {Attachment 2) and the required supporting documentation to the State Board by March 1, 2017, through one of the following methods:
Mail
Overnight Mail/ Hand Deliver
California Workforce Development Board P.O. Box 826880 Sacramento, CA 94280-0001
California Workforce Development Board 800 Capitol Mall, Suite 1022 Sacramento, CA 95814
The local CEO will be notified in writing by May 1, 2017, regarding the status of his/her request. If approved, the designation will be effective immediately.
ACTION
Please bring this directive to the attention of the Local Board and other relevant parties.
INQUIRIES
If you have any questions, contact you assigned Regional Advisor at 916-654-7799.
/S/ JOSE LUIS MARQUEZ, Chief Central Office Workforce Services Division
Attachments are available on the internet:
1. Request for Approval to be America's Job Center of Ca liforn ia5M Operator 2. Request for Approval to be Adult and Dislocated Worker Career Services Provider 3. Summary of Comments
Page 7 of7
Public Notice
30-Day Public Comment & Review – January 27, 2017 through February 23, 2017
City of Richmond Local Area, America’s Job Center of Californiasm (AJCC) Operator Services Application Documentation
The City of Richmond will be submitting an application to the Governor’s Workforce Development Board for the Richmond Workforce Development Board (RWDB) to provide AJCC Operator Services for the Richmond Local Workforce Development Area for Program Years 2017 through 2021. This action is required by the Workforce Innovation and Opportunity Act, (Public Law 113-128). The Richmond Workforce Development Local Area’s Application & supporting documents to provide AJCC Operator Services will be available for review at the following locations: