WORKFORCE INVESTMENT ACT Title I-B Funds
Published April 1, 2010
REQUEST FOR PROPOSALS
Business-to-Business Services
In Grays Harbor, Lewis, Mason, Pacific, and
Thurston Counties
Contracting for Program Year 2010
(July 1, 2010 through June 30, 2011)
Proposals must be received
by 4 PM, Pacific Time, on April 29, 2010
Bidders Conference
10 AM to Noon – Wednesday, April 7, 2010
Released by:
CONTENTS
Pacific Mountain Workforce Development Council
Pacific Mountain Workforce Consortium
1570 Irving Street SW
Tumwater, WA 98512
Phone: (360) 570-4243
Fax: (360) 704-6444
TTY: (360) 570-4253
The Pacific Mountain Workforce Development Council and the Pacific Mountain Workforce Consortium are
Equal Opportunity Employers and providers of employment and training services. Auxiliary aids and
services are available upon request by persons with disabilities.
Pacific Mountain Workforce Development Council
Request for Business-to-Business Proposals
TABLE OF CONTENTS
Section
Page
I.
Introduction ................................................................................................................. 1-3
II.
Geographic and Funding Information .......................................................................... 4
III.
`
A.
Counties to be Served
B.
Funding Availability
C.
Funding Cycle and Contract Dates
RFP Information
A.
B.
C.
D.
E.
F.
G.
H.
Eligible Organizations ............................................................................................ 5
Bidder’s Conference ........................................................................................... 5-6
Questions & Answers............................................................................................. 6
Policy of Competition ............................................................................................. 6
Independent Evaluation ........................................................................................ 7
Determination of Cost/Price Reasonableness ....................................................... 7
Carry-Over Activities .............................................................................................. 7
Technology Requirements .................................................................................. 7-8
I.
General Terms and Conditions .............................................................................. 8
J.
Proposal Format .................................................................................................... 8
K.
L.
M.
N.
O.
P.
Delivery of Proposals .......................................................................................... 8-9
Proposal Opening .................................................................................................. 9
Evaluation & Selection of Provider ........................................................................ 9
Award of Contract ................................................................................................ 10
Appeal Process .................................................................................................... 10
Key Events and Dates ......................................................................................... 10
IV.
Response Package................................................................................................... 11-14
V.
List of Proposal Attachments ...................................................................................... 15
A.
Bidder’s Qualifications .................................................................................... 16-19
B.
Budget Forms (Example Only)* ...................................................................... 20-24
* Bidders must use Excel documents posted at: www.co.thurston.wa.us/pacmtn
1. Cumulative Performance Form
2. Budget Form
C.
Certifications
C-1) Lobbying ...................................................................................................... 25
C-2) Debarment ................................................................................................... 26
C-3) Conflict of Interest ........................................................................................ 27
C-4) Special Conditions .................................................................................. 28-29
VI.
Exhibits
1.
Proposal Review Criteria and Rating ......................................................... 30
2.
Business-to-Business Required Performance ........................................... 31
3.
List of Reference Materials ........................................................................ 32
4.
General Terms & Conditions ................................................................. 33-56
5.
Definitions of Terms on Cumulative Performance Form ................ 57
6.
Glossary of Terms......................................................................... 58
SECTION I
INTRODUCTION
Section I - Introduction
A. Background
The counties of Grays Harbor, Lewis, Mason, Pacific and Thurston form the Pacific
Mountain Workforce Development Area. Representatives from the five counties
constitute the Pacific Mountain Workforce Development Council (PMWDC). The
PMWDC and the Pacific Mountain Workforce Consortium (PMWC) plan and operate
comprehensive employment and training systems within the workforce development
area.
The Thurston County Board of Commissioners, through a contract with the five
County Board of Commissioners, is the grant recipient and fiscal agent for the
Workforce Investment Act (WIA) Title I-B grant. Pacific Mountain Workforce
Consortium, a Thurston County Department, is the administrative entity for the
Pacific Mountain Workforce Development Area (PMWDA).
The primary
responsibility for the planning and development of programs rests with the
PMWDC. Included within the scope of this responsibility is the issuance of Request
for Proposals (RFPs), evaluation of proposals, and the selection of proposals,
which will be recommended for funding to the Thurston County Board of
Commissioners. Grant funds are distributed by the U. S. Department of Labor to
the Governor, who has designated the Employment Security Department (ESD) as
the grant recipient. Funds are distributed by ESD to Washington's workforce
development areas by federal formula.
B. Workforce Investment Act (WIA)
The Workforce Investment Act (WIA) of 1998, implemented July 2000, has changed
the face of federal employment and training programs by its enactment and a
framework that was implemented for a workforce system designed to meet both the
needs of business, job seekers, and those who want to further their careers. WIA
made changes to target populations, systems of delivery, accountability, long-term
planning, the labor market information system and governance.
Key components of this reform include streamlining services through a one-stop
delivery system (WorkSource), empowering individuals through information and
access to training resources through Individual Training Accounts (ITAs), providing
universal access to core services, increasing accountability for results, and
ensuring a strong role for local boards and the private sector in the workforce
development system.
The Workforce Investment Act of 1998 (WIA, Public Law 105-220) provides the
framework for a national workforce preparation system that is flexible, responsive,
(1)
Section I – Introduction, Continued
and business-focused. The goal of programs under the act is to increase
employment, job retention, earnings, and develop the employability of eligible
individuals in our counties. The Pacific Mountain Workforce Development Council
embraces a demand driven philosophy as outlined in our Strategic Plan.
With this in mind, Title I-B of WIA, a funding source for serving adults, dislocated
workers and youth is based on the following elements:

Training and employment programs must be designed and managed at the local
level where the needs of businesses and individuals are best understood.

Businesses provide information, leadership and play an active role in ensuring
that the workforce system prepares people for current and future jobs.
C. Purpose of the Request for Proposal (RFP)
The Pacific Mountain Workforce Development Council and Consortium are soliciting
proposals from general purpose business organizations such as Chambers of
Commerce, Economic Development organizations and/or organizations that focus
on providing member services to businesses within the Pacific Mountain Workforce
Development Area. The purpose of this solicitation is to continue to build, grow and
expand the number of businesses that are served through the public workforce
system – WorkSource.
The Pacific Mountain Workforce Development Council and Consortium will award a
single contract to the successful bidder that demonstrates regional collaboration and
an acknowledgement of the inter-connectedness of our communities in meeting the
workforce related needs of our businesses.
The successful bidder must demonstrate throughout their proposal compliance with
the requirements set forth in this solicitation. Bidders are encouraged to review the
Next Washington Growing Jobs and Income in a Global Economy 2007-2017,
Governor Gregoire’s vision for growing our economy. Proposers can find links to
these and other reference materials in Section VI, Exhibit 3 of this Request for
Proposals.
(2)
Section I – Introduction, Continued
These references capture the spirit and intent of Pacific Mountain’s vision to build
and grow our regional economies. Collaboration among partners in workforce,
education and economic development is the cornerstone of our vision. Proposals
should demonstrate a delivery system that embodies that principle. The awardee
will be an advocate for business, as well as a change agent in transforming the way
the public workforce system responds to business.
Proposal Guidelines
This Request for Proposals (RFP) is based on current information available to the
Pacific Mountain Workforce Development Council (PMWDC) and Consortium
(PMWC). Proposers must accept that subsequent changes may alter the RFP and
may require negotiations to ensure compliance with the law and/or availability of
funds.
PMWDC and PMWC staff are committed to assisting the successful bidder with
achieving desired outcomes and will be available for on-going technical assistance.
The successful bidder who is awarded a contract must agree to provide services
associated with the contract in a manner that embraces the vision and mission of
building a regional identity in the delivery of business services. It is expected that
this program will be fully integrated with a local WorkSource office in each county.
(3)
SECTION II
GEOGRAPHIC AND
FUNDING INFORMATION
Section II - Geographic and Funding Information
A. Counties to be Served
Proposals must include comprehensive business services for all five counties in the
Pacific Mountain Workforce Development Area:
1.
2.
3.
4.
5.
Grays Harbor County
Lewis County
Mason County
Pacific County
Thurston County
B. Funding Availability
WIA funding – July 1, 2010 through June 30, 2011
County Percent
Grays Harbor
Lewis
Thurston
Pacific
Mason
Total Contract
Amount
Amount
25.22%
25.22%
25.22%
12.17%
12.17%
100%
57,137
57,137
57,137
27,569
27,569
$ 226,550
C. Funding Cycle and Contract Dates
The funding cycle for this Request for Proposals includes the award of one
contract to provide Business-to-Business services for Program Year 2010 from:
July 1, 2010 - June 30, 2011
The Business-to-Business contract awarded will be cost reimbursement-based and
may be modified for up to two additional years, through June 30, 2013, if
performance criteria is met and depending upon the availability of funding at the
exclusive discretion of the PMWDC.
(4)
SECTION III
RFP INFORMATION
Section III - RFP Information
This Request for Proposals is not in itself an offer of work, it does not commit the Pacific
Mountain Workforce Development Council or Consortium to fund any proposals submitted,
nor is it liable for any costs incurred in the preparation or research of proposals.
Any funding awarded will be subject to the availability of federal funding granted to the
Pacific Mountain Workforce Development Council through the State of Washington
Employment Security Department and the U.S. Department of Labor. Should the availability
of such funding decrease before or following any award to a sub-recipient, the award will be
revised accordingly. In addition, if awarded, the contractor must be willing to alter program
design based on subsequent direction provided by the state, U.S. Department of Labor or
the PMWDC.
A. Eligible Organizations
Organizations eligible to submit proposals must be located in Grays Harbor, Lewis,
Mason, Pacific or Thurston County and may fall within the following categories:

General purpose business organizations such as Chambers of Commerce and
Economic Development organizations.

Organizations that focus on providing member services to businesses.
Should multiple agencies form a consortium to submit one proposal, a lead agency must
be identified. The lead organization must be the submitter of the proposal and the
subrecipient of WIA Title 1-B funding if awarded the contract. Lead agencies submitting
proposals that incorporate a collaborative relationship with other entities in the provision
of comprehensive services must clearly identify the collaborating organization(s), the
services they will provide, and the funding source to support those services. A letter of
commitment signed by each collaborating organization(s) must be submitted with the
proposal.
B. Bidder’s Conference
Attendance at the Bidder’s Conference is not mandatory, however, it is highly
recommended. If you are unable to attend, you may check our website for the answers
to questions that were asked at the Bidder’s Conference. The answers will be posted
approximately one week after the meeting. It is your responsibility to check the website
for any updates to the questions and answers (Q & A).
Please bring the following to the Bidder’s Conference:
a. Copy of the RFP
b. Copy of the Excel budgets and Cumulative Performance Form.
c. A list of your questions (questions must be in writing).
(5)
Section III - RFP Information, Continued
The Bidder’s Conference will be held:
Date:
Wednesday, April 7, 2010
Time:
10 A.M. to Noon
Room:
Heritage Conference Room, Third Floor
Location:
WorkSource Thurston County
1570 Irving Street SW
Tumwater, WA 98512
C. Questions and Answers
All questions regarding the RFP must be submitted in writing and may be delivered by
dropping off at our office, by regular mail, or by email through April 23, 2010.
Questions asked at the Bidder’s Conference must be submitted in writing. All
questions submitted will be included in the question and answer (Q & A) document
that will be posted on our website. Please email to:
WorkSource Thurston County
ATT: Michelle Roman, Contract Specialist
1570 Irving Street SW
Tumwater, WA 98512-9046
Email: mjroman@pacificmountainworksource.org
Questions will not be answered on an individual basis. It is the responsibility of
bidders to check the Q & A posted on the website for updates. To ensure that
information about the RFP is provided in an equal format, no direct response will be
made to any bidder or individual who poses a question. Rather, all answers will be
provided on the website. All questions asked, including those asked at the Bidder’s
Conference, will be posted in the Q & A at:
www.co.thurston.wa.us/pacmtn
D. Policy of Competition
The Pacific Mountain Workforce Development Council and Consortium conduct all
procurement transactions in a manner providing full and open competition. The RFP
identifies all evaluation factors and their relative importance, see Section VI, Exhibit
One. All responses will be honored to the maximum extent practicable. Technical,
financial and organizational evaluations will be made of all complete proposals
received.
The Pacific Mountain Workforce Development Council and the Pacific Mountain
Workforce Consortium staff will carry out the procurement review responsibilities with
complete impartiality and without preferential treatment to any response.
(6)
Section III - RFP Information, Continued
E. Independent Evaluation
Members of the RFP Review Committees will score each and every proposal
independently. Each proposal will receive a numerical rating prior to the RFP Review
Committee meeting to discuss, evaluate and make final recommendation for award. The
RFP Review Committee has the option of requesting bidders to make an oral
presentation.
The Review Committee is scheduled to meet between May 21st and 25th, 2010. The
time and location will be provided to you if the Committee requests oral presentations.
Please be prepared to adjust your schedule to provide a presentation on any one of
those days. Every effort will be made to inform bidders as far in advance as possible
should the Committee request oral presentations.
F. Determination of Cost/Price Reasonableness
To determine if costs are correctly calculated and are reasonable, necessary, allowable
and allocable, the Pacific Mountain Workforce Consortium staff will conduct a
comparative analysis that will be attached to each proposal response and become part
of the evaluation process.
G. Carry-Over Activities
The successful bidder shall be required to assume responsibility for providing continued
business services to the customers of any current Business-to-Business contractor.
H. Technology Requirements – Management Information System
The PMWDC makes use of internet technologies to communicate with contractors and
track contract performance. E-mail, website information systems and an internet-based
management information system (MIS) are the primary technologies used to support
contractors. The successful bidder will be responsible for entering data into the state-run
SKIES MIS system and/or another data base as prescribed by the PMWDC. Before
being authorized to have SKIES access, the contractor’s organization must sign a
PMWDC Memorandum of Understanding (MOU) and SKIES Data Sharing Agreement.
SKIES users must be approved for access and sign a non-disclosure agreement after
receiving training.
To support SKIES technology, successful bidders must be able to meet the technology
requirements within a reasonable amount of time after the start of the contract. The
following requirements can be addressed in contract negotiations:

Internet connectivity. A standard consumer grade modem dial-up connection is not
acceptable. Business grade connectivity, such as T-1 is recommended.

Individual e-mail accounts for employees doing business with work systems.
(7)
Section III - RFP Information, Continued

A Windows XP or better work station running version 6 of Microsoft Internet Explorer
web browser. Technology must be available to perform assessment (if and where
applicable), gather labor market and educational information and use other avenues
as appropriate for serving businesses.
I. General Terms and Conditions
Should your proposal be selected for funding, the next step will be to successfully
complete contract negotiations. All bidders must be willing and able to abide by the
General Terms and Conditions (Section VI – Exhibit Four). Some but not all of these
clauses can be negotiated. Federal, state and local laws and/or policies cannot be
negotiated. If you have questions, you may submit them in writing at the Bidder’s
Conference or as directed in Section III, C. Questions and Answers.
In addition to the General Terms and Conditions, bidders must agree to the Special
Conditions in Section V, Attachment C-4.
J. Proposal Format - Electronic and Hard Copied Required
The following is required for each proposal submitted.

One (1) original proposal application signed in blue ink.

Seven (7) copies of the proposal application.

One (1) CD containing your proposal in Word and the Excel documents
(budget and Cumulative Performance form).

8 1/2" X 11" white bond paper, single-sided.

1" margins, 12 point font, double spaced.

Bound only by a clip (no permanent binding, i.e., staples, glue).

No attachments not called for in the RFP
Please see Section IV- Response Package for complete instructions and check list.
K. Delivery of Proposals
It is the bidder’s responsibility to ensure that their proposal is complete and is received
by the PMWC no later than 4:00 PM, Pacific Time, on April 29, 2010 irrespective of the
delivery method chosen by the bidder.
(8)
Section III - RFP Information, Continued
Applications that are not received by the deadline will not be opened and will not be
considered for funding. They will not be returned to the submitting organization. Faxed
or emailed proposals will not be accepted. Proposals are to be delivered to:
WorkSource Thurston County
ATT: Michelle Roman, Contract Specialist
Pacific Mountain Workforce Consortium
1570 Irving Street SW, Tumwater, WA 98512-9046
L. Proposal Opening
Proposals shall be opened, date and time stamped, and reviewed by PMWC staff for
non-responsiveness prior to proposals being sent to the PMWDC Review Committee for
evaluation.
M. Evaluation and Selection of the Business-to-Business Service Provider
To be considered for evaluation, proposals must follow the instructions in this RFP,
provide the information required in the Response Package and include all of the required
attachments (signed and dated) by your organization’s authorized representative.
Following evaluation by the RFP Review Committee, the PMWDC will select the
proposal which is most qualified and offers the mix of services which will achieve the
overall objectives of this RFP.
The PMWDC reserves the right to reject, or to seek modifications of any proposal offered
if, in the PMWDC’s sole discretion, the proposal offer does not assist the system in
meeting the overall service objectives set forth in this RFP.
Each proposal submitted will be evaluated on its own merit.
returned.
Proposals will not be
Primary consideration in selecting the successful proposal to deliver Business-toBusiness services will be based proportional on the following (See Section VI - Exhibit
One):
a) Technical Proposal Rating
50%
b) Financial Accountabilities
25%
c) Organizational Capability
25%
d) Up to ten (10) Bonus Points may be awarded to proposals that illustrate the
leveraging of alternative resources.
(9)
Section III - RFP Information, Continued
N. Award of Contract
The contract award will not be final until the PMWC and the prospective contractor have
executed a mutually satisfactory contractual agreement. The PMWDC reserves the
right to make an award without further discussion of the proposal submitted. Therefore,
the proposal should be submitted in the most favorable terms from a budgetary,
technical, and programmatic standpoint.
The PMWDC reserves the right to offer an award to the second highest rated proposal if
a contract cannot be successfully negotiated, or to renegotiate or reissue an RFP should
an appeal for non-award be upheld.
O. Appeal Process
Appeals can be sent in writing within seven (7) calendar days after the publication of the
successful bidder to:
.
WorkSource Thurston County
ATT: John A. Loyle, Deputy Director
1570 Irving Street SW
Tumwater, WA 98512-9046
P. Key Events and Dates
Request for Proposals Issued
4/1/10
Bidder’s Conference – 10:00 AM to Noon
Heritage Conference Room, WorkSource Thurston
County
Deadline for Receipt of Proposals –
4:00 PM Pacific Time
Committee Evaluates Proposals
(Possible Oral Presentations from Bidder’s)
4/7/10
Successful Bidder Chosen and Posted on Website
Contract Negotiations Begin
Contract Start Date
4/29/10
Between 5/21 &
25
Between 5/26 &
6/1/10
6/2/10
7/1/10
(10)
SECTION IV
RESPONSE PACKAGE FOR:
BUSINESS-TO-BUSINESS
SERVICES
Section IV – Response Package
CHECKLIST FOR SUBMITTING BUSINESS-TO-BUSINESS PROPOSALS
Proposals must include the provision of Business-to-Business services in each of the five
counties, Grays Harbor, Lewis, Mason, Pacific and Thurston. Follow all instructions in this
RFP and use the following checklist to ensure that your proposal has all of the elements
required to be considered for review.
Please submit your proposal in the following order in hard copy and also an electronic
copy on CD.
Submittal Checklist:
□
2) □
1)
3)
□
4)
□
Business-to-Business Proposal Application Cover Page (page 13).
Abstract Summary (limit of two pages) and your responses to questions, #2
through #9 (no page limit). Include the text of each question followed by your
response. (page 14)
Bidders Qualifications, Section V - Attachment A. (no page limit including
attachments)
Budget Forms (Do not change formulas in the budget):
a. Complete one Cumulative Performance form for each county. (The
summary form will automatically fill as you complete the numbers for
each county.)
b. Complete the budget forms for each county & save as separate
documents.
c. Complete one set of budget forms that totals the funding for all five
counties. (You will need to manually calculate and enter the amounts.)
NOTE: The budget pages in this RFP, Section V, Attachment B are for
example only. Bidders must use one set of the Excel budget that includes the
Cumulative Performance documents for each county. The documents are
posted at the website: www.co.thurston.wa.us/pacmtn
5)
□
Lobbying Certification Section V, Attachment C-1
(11)
Section IV – Response Package, Continued
□
7) □
8) □
6)
Debarment Certification, Section V, Attachment C-2
Conflict of Interest Certification, Section V, Attachment C-3
Special Conditions Certification, Section V, Attachment C-4
Formatting Checklist
9)
□
Proposal packages must follow all formatting requirements:

One (1) original proposal application signed in blue ink

Seven (7) copies of the proposal application.

One (1) disk containing proposal in Word and the Budget Forms in Excel.

8 1/2" X 11" white bond paper, single-sided.

1" margins, 12 point font, double spaced.

Bound only by a clip (no permanent binding, i.e., staples, glue),

Do not include attachments unless they are required in the RFP.

Each page must be identifiable by page number, attachment number, etc.
Delivery Instructions:
10)
□
Proposals must be received by 4:00 PM, Pacific Time, April 29, 2010.
(12)
Section IV – Response Package, Continued
PROPOSAL APPLICATION COVER PAGE- BUSINESS-TO-BUSINESS PROPOSAL
Organization Name: __________________________________________________________
Address: ____________________________________________________________________
City: _______________________ Zip:__________________ County: ___________________
Phone:
Fax: _
TTY: __________________
Web Address:
______________________________________________
Person Signing RFP: __________________________________________________________
Title: _______________________________________________________________________
Phone: ____________________________ Email: __________________________________
Contact Person (if different): ___________________________________________________
Title: _______________________________________________________________________
Phone: ____________________________ Email: __________________________________
Certification
The information contained in this proposal fairly represents the Agency, Organization, or
Business and its proposed operating plans and budget for the specified WIA activity. I
acknowledge that I have read and understand the requirements of the Request for Proposal and
the Agency, Organization, or Business is prepared to implement the activity as specified in this
proposal. I certify that the proposed program activity and services contained in this proposal
have been designed in compliance with the Request for Proposal requirements, the Workforce
Investment Act, and implementing regulations. I also certify that I am authorized to sign this
application on behalf of the Agency, Organization or Business submitting this application. This
request is firm for a period of at least ninety (90) days from the closing date for submission.
________ ______________ ______________________ _______________________
Signature of Authorized Representative and Date
(13)
Section IV – Response Package, Continued
PROVIDE A RESPONSE IN YOUR PROPOSAL TO EACH OF THE FOLLOWING ITEMS.
QUESTION IN YOUR PROPOSAL, FOLLOWED BY YOUR RESPONSE:
INCLUDE THE
1. Provide a summary of up to two (2) pages in length that provides a concise
description of the program services that you are proposing.
2. Describe your business model, including subcontracting, for achieving a regional
identity for the delivery of business services in collaboration with the public
workforce system – WorkSource.
3. Describe, in detail, how your organization will deliver business services
throughout the Pacific Mountain Workforce Development Area (PMWDA).
4. Describe the efforts your organization will undertake to assist our businesses in
securing a talented workforce for available job openings.
5. Describe the marketing approach your organization will develop to create a
regional identity with a common look and feel.
6. Discuss your organization’s capability and the methods you will use to define
employers’ need/requirements for demand skills in occupations through training
needs analysis. Explain how your organization will work to achieve a
collaborative approach with partners to meet those needs.
7. Identify, describe and project the number of business services you propose to
provide. Include services beyond recruitment and placement, such as labor
market, tax credit information, training, information and small business
assistance, etc.
8. Describe the role your organization could play in supporting the Governor’s, The
Next Washington.
9. Discuss your organization’s commitment and capability to achieve collaboration
among workforce, economic development and education in responding to the
workforce needs of our businesses. Cite proposal actions and current examples
in your discussion.
(14)
SECTION V
LIST OF PROPOSAL
ATTACHMENTS
Attachment A Bidder’s Qualifications
Attachment B Budget and Cumulative Performance Forms
Copies in this RFP are for example only. You will find the Excel
documents on our website:
www.co.thurston.wa.us/pacmtn
Your proposal budget must be completed using the Excel document.
Attachment C Certifications:

Attachment C-1 Certification Regarding Lobbying

Attachment C-2 Certification Regarding Debarment

Attachment C-3 Conflict of Interest Form

Attachment C-4 Special Conditions
(15)
Section V - Attachment A
Bidder’s Qualifications
Misrepresentation of the information submitted in response to this Bidder’s Qualifications
may result in proposal disqualification or contract termination.
The organization indicated below hereby submits this Bidder’s Qualifications which
describes its administrative and fiscal qualifications to receive and manage funds through
a contract from the Pacific Mountain Workforce Development Council (PMWDC). These
qualifications will be maintained during the course of any contract.
Name of Organization: ___________________________________________________
Street Address: ________________________________________________________
City: ___________________________________________ Zip:____________________
County:_________________
Contact Person/Title: ____________________________________________________
Type of Agency:
□ Chamber of Commerce
□ EDC
□ Other organization that focuses on providing member services
to businesses
If incorporated, provide the registration number listed on the Articles of Incorporation as
recorded with the Secretary of State:
Registration No.: _______________________________________________________
(16)
Section V - Attachment A, Continued
Bidder’s Qualifications
1. Board of Directors
a. An authorized official of the contracting agency must sign the proposal. All
contractors are required to submit resolutions or other corporate actions,
authorized by its Board of Directors, that specify name(s) of the person(s)
authorized to oblige the contractor and execute contractual documents, sign
checks for the disbursement of funds received by the PMWDC, and sign
requisitions for monthly reimbursements.
b. Does your organization have an Advisory Board or Board of Directors? If yes,
please identify the members. If no, describe in some detail your management
structure. Please confine answer to one typewritten page.
c. How often does management meet to review program performance?
d. Provide your organization’s vision and mission statement.
2. Litigation Status
Is your organization currently involved in or does it have pending, any legal action
relating to your organization operations or financial transactions?
□ YES □
NO
If yes, please explain.
3. Bankruptcy
Has your organization filed for bankruptcy in the past three years?
□ YES □
NO
If yes, please explain.
(17)
Section V - Attachment A, Continued
Bidder’s Qualifications
4. Fiscal Control
a. Does your agency/company conduct an internal review of funds under its control?
□ YES □
NO
If yes, how often is such a review conducted?
b. Describe your agency's/company's capability of accounting for funding sources
separately. (i.e., separate accounts, books, etc.). Please confine your answer to
two pages, typed with double spacing.
c. Provide a brief narrative of your funding base and attach a copy of your annual
financial statements for the past 2 years. Explain why you believe you are (will be)
a financially viable provider of services. Please provide at least one financial
reference, preferably a bank, which can attest to your organization's financial well
being and financial management capabilities. Please confine answer to one
typewritten attachment page.
d. Provide proof of bonding and insurance.
5. Audit
a. How frequently is your organization audited by an independent auditing firm?
b. Within the past five years, have independent audits identified deficiencies which
resulted in questioned costs, costs recommended for disallowance, an "adverse"
opinion by the auditors, or the auditors "disclaiming" any opinion?
□ YES □
NO
If yes, please explain.
c. Provide evidence of recent audit.
(18)
Section V - Attachment A, Continued
Bidder’s Qualifications
6. Minority and/or Woman-Owned Business
Does your organization partially or wholly qualify as a small minority and/or womanowned business enterprise?
□ YES □
NO
If yes, describe your organization's ownership.
7. Experience
a. Provide a summary of your organization’s experience in operating programs
that provide business or employment and training services. Describe the
services provided. Include the dates of your experience, the name of the
program and the location where services were provided. Indicate the number of
customers served and the number of job seekers placed, or if you are
submitting a proposal to provide Business-to-Business services, provide the
number of businesses you served and the number of job orders that were filled.
b. Describe your staff’s experience and education in providing business services.
c. Describe your organization's experience in working with employers and in
providing employment and training services within the Pacific Mountain
Workforce Investment Area. Also include the number of participants enrolled,
number of placements (entered unsubsidized employment),
d. Provide an Organization Chart that Identifies positions to be funded in this
proposal. Include the percentage of full time equivalent positions (FTE) for each
position.
(19)
Section V - Attachment B
Example Cumulative Performance Form
THIS IS FOR EXAMPLE ONLY. USE THE EXCEL DOCUMENT AT OUR WEBSITE. YOU WILL SEE A TAB LABELED FOR EACH COUNTY AND ONE
TAB NAMED “TOTAL” WHICH WILL FILL IN AUTOMATICALLY (DO NOT CHANGE THE FORMULAS IN THIS WORKSHEET). SUBMIT BOTH A HARD
COPY OF ALL SIX OF THE CUMULATIVE PERFORMANCE FORMS AND AN ELECTRONIC COPY IN EXCEL ON A CD.
Section V - Attachment B
WIA Title I-B-Business to Business
Cumulative Performance Form
Contractor Name:
County:
Performance Period
Quarter Ending
Businesses
Total Businesses to be served*
New Businesses
New Job Openings Received
Job Openings Filled
Number of Job Openings filled that are retained
for 6 months
Number of employers surveyed for satisfaction
% of employers indicating satisfaction
*Not applicable to new bidders
Quarterly projections must be cumulative
(20)
0
All Counties
Carry-In*
7/1/10For the Period: 6/30/11
Contract # 0
12/31/2007 3/31/2008
6/30/2008
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
THIS IS FOR EXAMPLE ONLY. USE THE EXCEL DOCUMENT AT OUR WEBSITE . COMPLETE ONE BUDGET FOR EACH OF THE FIVE COUNTIES AND ONE
THAT TOTALS THE BUDGETS FOR ALL FIVE COUNTIES. YOU WILL HAVE A TOTAL OF SIX BUDGETS. DO NOT CHANGE THE FORMULAS IN THIS
WORKSHEET. SUBMIT BOTH A HARD COPY OF ALL SIX BUDGETS AND AN ELECTRONIC COPY ON A CD.
RFP Section V - Attachment B Example Budget Forms
WIA Title I-B-Business to Business
Program Budget Detail
Staff Salaries and Benefits
For the
Period:
Contract #
Organization:
County:
Salaries
Position Title
WIA
Salary/mo.
# of
months
%*
Other**
Amount
Total Salaries
0%
*Enter the percentage of a full time position that is charged to the program.
Staff Benefits
%*
-
0%
Total
Amount
-
Rate
WIA
Other**
a. FICA-Medicare
b. Labor & Industries
c. Health and Welfare Insurance
d. Retirement
e. Unemployment
f. Other:explain
Total Benefits
**The Other column is for expenses directly related to the program that will be paid for by other sources.
(21)
7/1/106/30/11
%
0%
0%
0%
0%
0%
0%
0%
Amount
-
Total
-
-
RFP Section V - Attachment B Example Budget Forms
WIA Title I-B-Business to Business
Program Budget Detail
Other Costs
Organization:
County:
Communications
a. Telephone
b. Postage
c. Advertising
Total Communications
Staff Travel
a. Mileage
b. Per Diem
c. Other
Total Staff Travel
Sub-contract and Other Services
a. Insurance/Bonding
b. Specify: Audit
c. Specify:
Total Sub and Other
Consumable Supplies
a. Office Supplies
b. Specify:
Total Supplies
Equipment Rental and Service
a. Rental
b. Service Agreements
Total Equipment Rental & Service
Equipment Purchase and Depreciation
a. Specify:
b. Specify:
Total Equip. Purchase and Depreciation
Building Rental and Utilization Including
Depreciation
a. Specify:
b. Specify:
c. Utilities
d. Custodial & Maintenance
Total Building Rent & Utilization
Staff Training (list type)
0
# Months
0
Cost/Month
For the Period:
WIA
Other**
0
Rate
Cost/Month
WIA
WIA
WIA
Cost/Month
Cost Per
Person
WIA
Total
0
0
0
0
Other**
Total
0
0
0
0
0
0
Other**
Total Staff Training
0
**The Other column is for expenses directly related to the program that will be paid for by other
sources.
(22)
0
0
0
0
0
#
Persons
Total
Other**
WIA
0
0
0
0
0
# Months
Total
Other**
WIA
0
0
0
0
0
0
Cost/Month
Total
Other**
WIA
0
0
0
0
0
0
Cost/Month
Total
Other**
0
Cost/Month
0
0
0
0
0
Other**
0
Cost/Month
7/1/106/30/11
0
Total
Total
0
0
0
0
RFP Section V - Attachment B Example Budget Forms
WIA Title I-B-Business to Business
Program Budget Detail
Budget Summary
Organization:
County:
0
For the Period:
0
7/1/10-6/30/11
Contract #:
0
Please complete "Salaries, Benefits and 'Other' expenses forms in order to populate this
sheet.
Accounting Category
WIA
Other**
Total
Staff Salaries
-
-
-
Staff Fringe Benefits
-
-
-
Communications
-
-
-
Staff Travel
-
-
-
Subcontract & Other Services
-
-
-
Consumable Supplies
-
-
-
Equipment Rental and Service
-
-
-
Equipment Purchase/Depreciation
-
-
-
Building Rental & Utilization
-
-
-
Staff Training
-
-
-
Totals
-
-
-
**The Other column is for expenses directly related to the program that will be paid for by other
sources.
(23)
RFP Section V - Attachment B Example Budget Forms
WIA Title I-B-Business to Business
CUMULATIVE*
QUARTERLY EXPENDITURE PLAN
Workforce Investment Act
Organization:
0
County:
0
For the
Period:
7/1/10-6/30/11
0
7/10-9/10
10/10-12/10-
1/11 - 3/11
4/11 - 6/11
Program
Total
Expenditures
0
0
*Please indicate the total funds that you believe will be expended at the end of each quarter. For example,
if you believe you will spend $10,000 the first quarter and $25,000 the next quarter the amount in the
second quarter would be $35,000.
(24)
0
Section V - Attachment C-1
Certification Regarding Lobbying
APPENDIX A TO TITLE 29, PART 93 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form–
LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including subcontracts, sub grants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Contractor acknowledges that this certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into, that
submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C., and that any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
SIGNATURE OF AUTHORIZED CERTIFYING
OFFICIAL
TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
(25)
SECTION V - Attachment C-2
Certification Regarding Debarment and Suspension
APPENDIX A TO TITLE 29, PART 98 - CERTIFICATION REGARDING DEBARMENT
AND SUSPENSION - Certification for Contracts, Grants, Loans, and Cooperative
Agreements
1. The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
B. Have not within a three-year period preceding this proposal been convicted or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(B) of this certification; and,
D. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation of this proposal (or plan).
SIGNATURE OF AUTHORIZED CERTIFYING
OFFICIAL
TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
(26)
SECTION V - Attachment C-3
Conflict of Interest
I, _______________________________________________as the Chief Official of
Print Full Name
___________________________________________________________ affirm that no
Print name of Proposer’s Organization
employee and/or Council Member of the Pacific Mountain Workforce Development
Council has any financial or other interest in this organization; and that no other officer of
any governmental agency has any financial or other interest in this organization.
Print Name of Authorized Representative
Signature of Authorized Representative
Date
(27)
SECTION V - Attachment C-4
Special Conditions Certification
Should your proposal be selected for funding, the next step will be to successfully
complete contract negotiations. In order to successfully negotiate a contract, bidders
must certify their ability and willingness to meet the following conditions:
1) Must be fully integrated with a local WorkSource office in each county.
2) Meet or exceed the Business-to-Business performance standards (Section Six –
Exhibit Two).
3) Be able to meet the technology requirements within a reasonable amount of time
after the start of the contract. This can be covered in negotiations.
4) Agree to the General Terms and Conditions, Section VI – Exhibit Four, or during
negotiations agree upon mutually agreeable revisions to the clauses. DOL, State
and PMWDC policies cannot be negotiated.
5) Be able to have the proposed program operational on July 1, 2010.
6) Must have a program specific audit by an objective third party CPA firm no later than
May 31, 2011.
7) If the successful bidder has a current fiscal and compliance audit required by law,
and if any findings have been identified, corrections must be made or an action plan
must be approved by the PMWC prior to funding. If the successful bidder is a new
contractor, a pre-award survey must be completed prior to funding.
8) Must provide insurance coverage in adequate quantity to protect against legal liability
arising out of contractual activities as detailed in the General Terms and Conditions,
Section VI – Exhibit Four, R. Indemnification, Insurance and Bonding.
9) As specified in the Bidder’s Qualifications, an authorized official of the bidder’s
agency must sign the contract and any subsequent modifications to the contract.
Must submit resolutions or other corporate actions, authorized by its Board of
Directors, that specify name(s) of the person(s) authorized to oblige the contractor
and execute contractual documents, sign checks for the disbursement of funds
received by the PMWDC, and sign requisitions for advances and/or monthly
reimbursements.
(28)
SECTION VI.- Attachment C4
Special Conditions Certification
10) All bidders must assure that adequate and qualified staff will be dedicated to the
contracted program services.
11) The successful Bidder must assume responsibility for the customers of existing
Business-to-Business customers and ensure that these business customers
continue to receive appropriate services.
12) Any funding awarded will be subject to the availability of federal funding granted to
the Pacific Mountain Workforce Consortium through the State of Washington
Employment Security Department and the U.S. Department of Labor. Should the
availability of such funding decrease before or following any award to a subrecipient, the award will be revised accordingly. In addition, if awarded, the
contractor must be willing to alter program design based on subsequent direction
provided by Washington State, U.S. Department of Labor or the PMWDC. Should
multiple agencies form a consortium to submit one proposal, a lead agency must be
identified. Lead agencies submitting proposals that incorporate a collaborative
relationship with other entities in the provision of comprehensive services must
clearly identify the collaborating organization(s), the services they will provide, and
the funding source to support those services.
13) PMWC staff must review and approve proposed sub-contract agreements.
Print Name of Authorized Representative
Signature of Authorized Representative
Date
(29)
SECTION VI
EXHIBITS
Exhibit One
Proposal Review Rating
Exhibit Two
Business-to-Business Required Performance
And Reporting
Exhibit Three
Listing of Reference Materials
Exhibit Four
General Terms and Conditions
Section VI - Exhibit One
Proposal Review Criteria and Rating
Each proposal submitted will be evaluated on its own merit by a PMWDC RFP Review
Committee composed of both technical experts and/or knowledgeable PMWDC members
who have no conflict of interest.
Bidders should be prepared to present an oral presentation to the RFP Review Committee
that will meet between May 21 and May 25, 2010. Every effort will be made to provide
bidders with two weeks notice indicating the time and location for their presentation should
this occur.
Evaluation Criteria
Proposals reviewed in response to this RFP will be evaluated and rated based on the
following criteria:
1) Technical Proposal Rating ............................................................................................ 50%
Quality, completeness, clarity and comprehensiveness of program design; ability to serve
current WIA customers without interruptions; services that are customer focused; ability to
track and report data required for performance measures; integration and collaboration with
WorkSource and other partners including PMWDC contractors; experience in providing the
services being requested or similar services; experience in collaboration and integration of
services; expands opportunities for employment in demand occupations and aligns the
program design with the needs of business.
2) Financial Accountabilities ............................................................................................. 25%
Financial/Accounting System in place; cost reasonableness; adequate and reasonable budget
and cost distribution demonstrated (cost distribution evident on budget forms if more than one
funding source bid upon); proven audit experience; and proof of adequate bonding and
insurance. In case of no recent audit experience, agreement to a pre-award audit is required.
A pre-award financial and management review is also required for organizations with no Pacific
Mountain WIA experience.
3) Organizational Capability .............................................................................................. 25%
Adequate organizational structure, management and personnel system; background and
experience of staff; experience in providing business services; administration and oversight
capabilities and demonstrated performance in terms of the likelihood of meeting
performance/contractual goals.
4) Bonus Points ................................................................................................................. +10
Recognizing the limitations of WIA resources, up to ten (10) Bonus Points may be awarded to
proposals that illustrate the leveraging of alternative resources.
(30)
Section VI - Exhibit Two
Business-to-Business Required Performance & Reporting
The successful bidder who is awarded a contract is hereby informed that they will be required to
meet the following performance measures and reporting requirements
In the event that the contractor fails to achieve contractual performance measures and reporting
requirements, the PMWC will take appropriate measures that may include, but are not limited to,
corrective action, contract modification or contract termination. The PMWC reserves the right to
renegotiate the proposal response.
Performance Requirements 1. Meet or exceed the projections on the Cumulative Performance form as negotiated for the
contract.
Reporting Requirements - Submit a narrative progress report within 15 days of the end of each
quarter in a format required by the PMWC that may include but not be limited to the following:
A. Progress Report:
a. What is happening in the project?
b. What types of businesses are working with the regional Business-to-Business
partners?
c. What types of positions and skill sets are the businesses seeking?
d. How do you stay engaged with your business customers?
e. How are the partnerships contributing to the success of Business-to-Business?
B. Issues:
a. Are there any issues/concerns that could impact the overall performance of the
project?
C. Expenditure Status:
a. Are expenditures on schedule as planned in the cumulative quarterly implementation
schedule? If not, explain and provide an action plan with time frames to remedy.
D. Business Recruitment:
a. Are outcomes on schedule as planned in the Cumulative Performance form? If not,
explain and provide an action plan with time frames to remedy.
E. Best Practices:
a. What is working particularly well?
b. What can be shared about the project that could benefit other organizations?
Employer Survey The contractor shall develop an employer satisfaction survey to be given to Business-to-Business
employers who have at least one job opening entered in SKIES during the program year. The
survey must be approved by the PMWC. The target date for completing the survey is three
months after the beginning of the contract. The contractor shall maintain a list of employers who
were given the survey, the number who responded and of those, the percentage who indicated
that they were satisfied with the business services they received.
(31)
Section VI - Exhibit Three
LIST OF REFERENCE MATERIALS
www.co.thurston.wa.us/pacmtn
Pacific Mountain Workforce Consortium (County website)



PY10 RFP for Business-to-Business services (in Word)
PY10 Business-to-Business Budget (in Excel), includes:
 Cumulative Performance Form (in Excel)
 Budget Forms (in Excel)
Questions and Answers will be posted, check for updates.
www.pmwdc.com
Pacific Mountain Workforce Consortium - Other References Section:




Policies & Procedures for Serving Customers Who have Disabilities (Policy #445)
WIA Final Rule
Employer Assistance Project Replication Document
PMWDC Operations and Strategic Plan
www.whitehouse.gov/omb/circulars/index.html
Office of Management and Budget: OMB Circulars -29 CFR Parts 97 & 95A-21, A-87, A122 & A-133 (48 CFR Part 31, For Profit Organizations)
www.doleta.gov/regs/statutes
U. S. Department of Labor website

The Workforce Investment Act of 1998

TEGL 17-05 (Changes 1 and 2) Common Measures Training and Guidance Letter
www.govenor.wa.gov/priorities/economy/next _wa_final.pdf

Next Washington Growing Jobs and Income in a Global Economy 2007-2017
(32)
Section VI - Exhibit Four
GENERAL TERMS AND CONDITIONS (Revised March 2007)
A. ACCEPTANCE
It is understood and agreed by and between the PMWC and the Contractor that the
Contractor’s payment is conditioned upon satisfactory performance and acceptance by
the PMWC. The PMWC reserves the right to withhold payment of any deliverable
contingent upon acceptance of the deliverable by the PMWC. If defects preventing
acceptance of a deliverable are present, the PMWC shall immediately notify the
Contractor in writing of the nature of the defects and the method of remedy of those
defects. The Contractor will take timely action to remedy defects as to permit
acceptance of the subject deliverable. Notwithstanding the other provisions of this
Contract, the PMWC shall not unreasonably withhold acceptance of a deliverable or
reimbursement of the Contractor.
In the event that the PMWC determines the Contractor’s performance to be
unsatisfactory, the PMWC may act in its own best interest including, but not limited to:
1.
2.
3.
4.
5.
Requiring corrective action within specific time frames;
Withholding funds;
Disallowing inappropriate costs;
Deobligating contract funds; or
Terminating or suspending the contract.
B. ACCESS TO RECORDS AND FACILITIES/AUDITS
1. The PMWC, the Office of the State Auditor, federal auditors, the Comptroller General
of the United States, the Employment Security Employment and Training Division and
any persons duly authorized shall have full access to and the right to audit, examine,
and make excerpts or transcripts from records including all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment, books, records,
documents and other material regardless of form or type which are pertinent to the
performance of this Contract, or reflect all direct and indirect costs of any nature
expended in the performance of this Contract. In addition, these entities shall have the
right to access, examine, and inspect any site where any phase of the program is
being conducted, controlled, or advanced in any way, subject to conformance with the
Contractor’s safety and security standards provided in advance to the entities. Such
sites may include the home office, any branch office, or other locations of the
Contractor. The Contractor shall maintain its records and accounts in such a way as
to facilitate the audit and examination, and assure that their Subcontractors (if
applicable) also maintain records that are auditable in accordance with Generally
Accepted Accounting Standards. Access shall be at all reasonable times not limited to
the required retention period, but as long as records are retained, and at no additional
cost to the PMWC.
(33)
2. At any time during normal business hours and as often as the PMWC, the Office of the
State Auditor, federal auditors and nay other persons duly authorized deem
necessary, the Contractor shall make its records available. The PMWC, of Office of
the State Auditor, federal auditors, and any persons duly authorized shall have the
authority to audit, examine, and make excerpts or transcripts from records including all
contracts, invoices, materials, payrolls, records of personnel, conditions of
employment, and other data relating to all matters covered by the Agreement. The
Contractor will maintain its records and accounts in such a way as to facilitate the audit
and ensure that their Subcontractor(s) also maintain records that are auditable. The
Contractor is responsible for any audit exceptions resulting from its own actions or
those of its Subcontractor(s).
3. The Contractor shall adhere to applicable federal Office of Management and Budget
Circulars, and other applicable federal and state regulations.
4. If the Contractor is subject to the Single Audit Act (SAA), the Contractor shall include
this contract within the scope of the SAA audit. A copy of the SAA final audit report
shall be delivered to the PMWC within thirty (30) calendar days after its receipt by the
Contractor and no later than on year after the end date of this contract. In the event
the Contractor fails to comply with this paragraph, the Contractor shall reimburse the
PMWC for any costs incurred for a substitute audit or review and may also incur
liability for disallowed costs.
5. The final audit report shall include, or be accompanied by, a statement that this
contract is covered by the report and shall list any findings relevant to this contract.
The PMWC and its agents shall have access to all audit work papers.
6. All findings in the audit report relevant to this contract shall be resolved to the
satisfaction of the PMWC.
7. The Contractor agrees to fully cooperate in all audit efforts and is liable for any
disallowed costs incurred by the Contractor or the PMWC as a result of the
Contractor’s performance or failure to perform under this contract.
8. Contractor agrees to participate in and be bound by the PMWC’s disallowed costs and
debt collection procedures.
C. PAYMENT CONDITIONS
1. No payment in advance or in anticipation of services or supplies to be provided by
this Contract shall be made by the PMWC. In cost reimbursement contracts, the
Contractor shall be entitled only to reimbursement for expenses incurred during the
contract period for work accomplished as provided elsewhere in this Contract. In
fixed unit price contracts, the Contractor shall be entitled only to payment for work
accomplished during the contract period and in accordance with the terms of this
Contract.
(34)
2. Contract payments due to the Contractor shall be requested using the appropriate
invoice and reporting forms supplied by the PMWC. Contract payments accrued
during the month must be reported to the PMWC by the fifteenth (15th) calendar day
after the end of the month. After receiving all the required documentation, the
PMWC shall initiate payment and make payment to the Contractor within thirty (30)
days thereafter. Payments for which complete documentation is received later than
the fifteenth (15th) of the month shall not be due until the end of the following month.
3. The Contractor has provided PMWC with a quarterly obligation plan, which is in the
contract. As an ongoing management tool, Contractors will be required to submit
monthly and quarterly accrual information. If the Contractor has not accrued
expenditures within 85% of the plan by the end of the second quarter (December
31), the WDA will require corrective action if the under expenditure persists, funds
may be recaptured by the PMWC and redistributed.
4. Financial Management Standards
The Contractor shall comply with State Guidance regarding Financial Management,
Allowable Costs and expenditures made under this contract for which reimbursement
is to be sought. The Contractor further agrees that it will comply with Federal OMB
Circulars and State fiscal policies and procedures applicable to it, which may include
but are not limited to A-87, A-102, A-110, A-122, A-133, A-21, as amended, and 41
CFR Part 1.15., Subpart 1-15.2. Contractors shall ensure that the financial
management systems used for such expenditures will provide the necessary internal
controls, accounting records and reporting systems to meet the prescribed
standards.
(State Policies can be accessed on the internet at
http://www.wa.gov/esd.polcies/title1b.htm) As a minimum, this would include:
a) Internal controls, which provide for separation of duties such that no one
individual has control over all aspects of any transaction.
b) Payroll accounting records, which reflect hours worked, gross wages, payroll
deductions and net wages must be maintained for each Work Experience
participant.
c) All payroll taxes must be accounted for and paid in a timely manner to the
appropriate governmental agency.
d) Responsibility for authorizing expenditures and for making payments must be
separated.
e) All expenditures must be supported by original documentation. Supporting
documents must be verified for completeness and accuracy prior to any payment
by the Contractor. Missing signatures, as in the case of OJT invoices, will be
obtained prior to payment.
f) All invoices will be compared with the contract or other authorization document
for the propriety and validity prior to payment.
(35)
g) All payments must be made by check or warrant. Contractor must comply with
county policies regarding unclaimed and/or uncashed checks and/or warrants as
per RCW 39.56.040.
h) The accounting records must provide an audit trail for the recording and reporting
of all WIA receipts and expenditures or a separate bank account must be
maintained for all WIA funds to provide for such control.
i)
The accounting system must provide a means for reporting of accrued
expenditures.
j)
Only those costs incurred or payments earned during the period of this contract
may be charged to this contract; i.e., there must be a proper matching of
revenues and expenses.
k) Bank reconciliations, as appropriate, will be made monthly by an individual who
does not have responsibility for making payments.
l) Obligations may not be incurred without specific written authorization, nor may
they be incurred prior to such authorization. Any obligations in excess of the
contract budget are the sole responsibility of the Contractor.
m) All obligations must comply with established PMWC or WDC policy
n) The PMWC reserves the right to inspect the Contractor’s financial management
systems and impose additional accounting requirements to ensure that these
financial management standards are being met.
o) Advances are not allowable.
p) Commingling of Funds: Funds received pursuant to this contract shall be used
exclusively for services funded under this contract and shall not be commingled
with any other monies of the Contractor and shall be tracked and identified
separately from any other source of revenue.
q) Stand-In Funds: Allowable WIA costs, which are paid using other sources of
funds, may potentially qualify as stand-in costs. If applicable, all such stand-in
costs must be reported by the Contractor on a quarterly basis.
D. ASSIGNMENT
The work to be provided under this Contract, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior
written consent of the other party, which consent shall not be unreasonably withheld.
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E. ASSURANCES
The PMWC and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current or future federal, state or local laws, rules and
regulations.
The Contractor shall conduct the program in accordance with the existing or hereafter
amended WIA, the US Department of Labor’s regulations relating to WIA, and the
Washington State WIA and PMWC Policies.
Assurances Under Title I of WIA
The Contractor assures that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant
authorized to work in the United States, or participation in any WIA Title I – financially
assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on
the basis of race, color and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on
basis of age; and
Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in education programs.
The Contractor also assures that it will comply with 29 CFR part 37 and all other
regulation implementing the laws listed above. This assurance applies to the Contractor’s
operation of the WIA Title I – financially assisted program or activity, and to all
agreements the Contractor makes to carry out the WIA Title I – financially assisted
program or activity. The Contractor understands that the United States has the right to
seek judicial enforcement of this assurance.
F. ATTORNEYS FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any
contract term, clause or provision, each party shall be responsible for its own expenses,
costs and attorney fees.
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G. CHANGES AND MODIFICATIONS
1. The PMWC or Contractor may, from time to time, request changes in the services to
be performed, or in the project undertaken when such changes are necessitated by
actions of the Employment and Training Department or the US Department of Labor
(DOL), as empowered by the Act or Federal Regulations promulgated thereunder.
Such changes, including any increase or decrease in the amount of payment or
reimbursement, which are mutually agreed upon by the and between PMWC and the
Contractor shall be incorporated in written modifications to this Contract.
2. The Contractor may make changes to the budget, without a formal modification to the
contract and without securing the prior approval of PMWC, under the following
conditions:
a) The revisions must not result in the need for additional funding.
b) Such changes must not alter the scope of the Contract’s Statement of Work and
must not be prohibited by applicable federal or state statutes or regulations.
c) No transfers are allowed from the training category or direct payments to
participants to other expense categories without a formal contract modification.
d) The Contractor may vary actual expenditures within the cost categories of the
budget without securing the prior approval of PMWC when such variances do not
exceed ten percent (10%) of the total costs originally budgeted in each affected line
item.
3. Alteration of the terms of this Contract shall be valid only when in writing and signed by
the authorized representatives of the parties.
4. The Contractor also understands and agrees that all statues, regulations, rules,
policies, procedures, cost circulars and periodic publication on the WIA program in its
policies and procedures are subject to changes and amendment during the life of this
contract, and that most of the changes and amendments are beyond the control of the
PMWC. All such changes shall take effect upon their effective dates and become
binding on the Contract, with or without actual notice to the Contractor. The
Contractor assures that it will comply with all such changes and amendments, whether
initiated by the State, DOL, or any other entity having legal jurisdiction. For such
changes and amendments initiated by the PMWC, the Contractor agrees to abide by
all such changes upon actual or constructive notice to the Contractor.
5. This contract may be modified at any time by the parties by the execution of a written
signed Modification Agreement.
H. CONFLICT OF INTEREST AND CODE OF CONDUCT
The PMWC may, in its sole discretion, by written notice to the Contractor terminate this
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Contract if it is found after due notice and examination by the PMWC that there is a
violation of the Ethics in Public Service Act, RCW 42.52, or any similar statute involving
the Contractor in the procurement of, or performance under, this Contract.
In the event this Contract is terminated as provided above, the PMWC shall be entitled to
pursue the same remedies against the Contractor as it could pursue in the event of a
breach of this Contract by the Contractor. The rights and remedies of the PMWC
provided for in this clause shall not be exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon which the PMWC makes any
determination under this clause shall be an issue and may be reviewed as provided in the
DISPUTES clause of this Contract.
Every reasonable course of action will be taken by the Contractor in order to maintain the
integrity of this expenditure of public funds and to avoid any favoritism or questionable or
improper conduct. This Agreement will be administered in an impartial manner, free from
personal, financial or political gain. The PMWC, its executive staff and employees, in
administering this Agreement, will avoid situations that give rise to a suggestion that any
decision was influences by prejudice, bias, special interest or personal gain.
Gratuities in the form of entertainment, gifts or otherwise offered by the Contactor, or an
agent or representative of the Contractor to any officer or employee of the PMWC, with a
view toward securing this Agreement or securing favorable treatment with respect to the
awarding or amending or the making of any determination will render this Agreement
voidable at the option of the PMWC and may justify further action under RCW 42.52.
The Contractor shall have a written Code of Conduct for procurement, award, and
administration of contracts. The Cod of Conduct regarding the conflict of interest shall
contain penalties, sanctions, or other disciplinary actions. The Code of Conduct shall
apply to Contractor staff. The Code of Conduct shall ensure that no one in a decision
making capacity shall have a real or apparent conflict of interest in the selection, award or
administration of contracts or subcontracts. A conflict of interest arises when any of the
following have a financial interest or other interest in the firm or organization selected for
award.
a) Individual
b) Member of the immediate family
c) Employing organization, or
d) Future employing organization
The officers, employees or agents of the PMWC making the award will neither solicit nor
accept gratuities, favor or anything of monetary value from Contractors, potential
Contractors or parties to sub agreements. The PMWC may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic
value.
A Contractor cannot be involved with decision making if there is a direct financial benefit.
However, the PMWC’s receipt of funds to provide training and related services does not
violate WIA Section 111(f) and Section 117(g).
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The Contractor covenants that neither the Contractor nor any of its agents or employees
who presently exercise any function or responsibility in connection with the program(s)
herein has any personal, financial, or economic interest, direct or indirect, in the contract
except to the extent that he or she may receive compensation for his or her performance
pursuant to the contract.
I. CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of
the state of Washington, it is considered modified to conform to that statute or rule of law.
J. CONTRACTOR REGISTRATION
The Contractor shall have completed registration with the Department of Revenue,
Department of Labor and Industries New Account Division and Employment Security Tax
Administration by having filed a master business application prior to the execution of this
Contract and will have paid any taxes, fees or deposits required by the state as a
condition of providing services under this Contract. Contractor will provide the PMWC
with its Washington Unified Business Identifier (UBI) number and its Washington
Department of Revenue tax account number, and, if applicable, it’s Labor and Industries
account number and its Unemployment Insurance tax number, if registration with these
agencies occurred prior to January 2, 1987. Required information will be provided prior to
the Contractor commencing services under this Contract.
K. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered
“works for hire” as defined by the US Copyright Act and shall be owned by the PMWC.
The PMWC shall be considered the author of such Materials. In the event the Materials
are not considered “works for hire” under the US Copyright Laws, Contractor hereby
irrevocably assigns all right, title and interest in Materials, including all intellectual property
rights, to the PMWC effective from the moment of creation of such Materials.
Materials means all items in any format and includes, but is not limited to data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes and/or sound reproductions. Ownership includes the right to
copyright, patent, register and the ability to transfer these rights. The Contractor shall
disclose to the PMWC any Materials that result from the contract within sixty (60) days of
invention, development or assembly.
For Materials that are delivered under this Contract, but that incorporate pre-existing
materials not produced under this Contract, Contractor hereby grants to PMWC, state of
Washington and US Department of Labor a nonexclusive, royalty-free, irrevocable license
(with rights to sublicense others) in such Materials to translate, reproduce, distribute,
prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that Contractor has all rights and permissions, including intellectual
property rights, moral rights and rights of publicity, necessary to grant such a license to
the PMWC, state of Washington and US Department of Labor.
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The Contractor shall exert all reasonable effort to advise the PMWC, at the time of
delivery of data furnished under this Contact, of all known or potential invasions of privacy
contained therein and of any portion of such document which was not produced in the
performance of this Contract. The PMWC shall receive prompt written notice of each
notice or claim of infringement received by the Contractor with respect to any data
delivered under this Contract. The PMWC shall have the right to modify or remove any
restrictive markings placed upon the data by the Contractor.
L. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agent maintained by the Contractor for this purpose of securing business.
The PMWC shall have the right, in the event of breach of this clause by the Contractor, to
annul this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or otherwise recover by other means the full amount of such commission,
percentage, brokerage or contingent fees. In no event shall the PMWC be liable for any
brokerage or contingent fees.
M. DEBARMENT AND SUSPENSION
The Contractor has provided, in Attachment D to this Agreement, its certification that it is
in compliance with and shall not contract with individuals or organizations which are
debarred, suspended, or otherwise excluded from or ineligible from participation in
Federal Assistance Programs under Executive Order 12549, and “Debarment and
Suspension, codified at 29 CFR part 98.
N. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its Subcontractors.
O. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, the parties agree to participate in
mediation in good faith. The mediator shall be chosen by agreement of the parties. If the
parties cannot agree on a mediator, the parties shall use a mediation service that selects
the mediator for the parties. Nothing in this Contract shall be construed to limit the
parties’ choice of a mutually acceptable resolution method such a disputes hearing, a
Dispute Resolution Board, or arbitration.
P. DUPLICATION OF BILLED COSTS
The Contractor shall not bill the PMWC for costs if the Contractor is being paid by another
funding source for those same costs. Workforce Investment Act (WIA) costs are defined
as any (1) administration, (2) direct training or (3) training related or supportive service
charges.
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Q. GOVERNING LAW / JURISDICTION
This contract agreement shall be construed and interpreted in accordance with the laws of
the State of Washington. The venue of any action brought hereunder shall be Thurston
County. The parties understand and agree that if any part, term or provision of this
contract is held by the US Secretary of Labor or by a court to be illegal, the validity of the
remaining provision shall not be affected and the rights and obligations of the parties shall
be construed and enforced as if the contract did not contain the particular provisions held
to be invalid.
R. INDEMNIFICATION, INSURANCE AND BONDING
1.
The Administrative Entity shall indemnify and hold harmless the Contractor from all
claims, costs, damages, or expenses arising out of the negligence of the
Administrative Entity. Likewise, the Contractor shall indemnify and hold harmless the
Administrative Entity for all claims, costs and damages, or expenses arising out of the
actions of the Contractor. In the case of negligence of both the Contractor and the
Administrative Entity, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party.
The Contractor’s obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Contractor, the Contractor’s employees, agents or subcontractors.
2. Contractor shall provide insurance coverage, which shall be maintained in full force
and effect during the term of this Contract, as follows:
a) Commercial General Liability Insurance. Provide a Commercial General Liability
Insurance Policy, including contractual liability, in adequate quantity to protect
against legal liability arising out of Contract activity but no less than One Million
dollars ($1,000,000) per occurrence. The general aggregate limit shall apply
separately to this Contract and be no less than Two Million dollars ($2,000,000).
Additionally, the Contractor is responsible for ensuring that any Subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.
b) Automobile Liability. In the event that services delivered pursuant to this Contract
involve the use of vehicles, either owned or non-owned by the Contractor,
automobile liability insurance shall be required. The minimum limit for automobile
liability is: One Million dollars ($1,000,000) per occurrence, using a Combined
Single Limit for bodily injury and property damage.
The insurance required shall be insured by an insurance company/ies authorized to do
business within the State of Washington, and shall name the PMWC, its agents and
employees as additional insured under the insurance policy/policies. All policies shall
be primary to any other valid and collectable insurance. Contractor shall instruct the
insurers to give the PMWC thirty (30) days advance notice of any insurance
cancellation.
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If self-insured, the contractor warrants that it will maintain coverage sufficient to cover
any liability specified above that may arise from the performance of this Contract, and
that the Contractor’s Risk Officer or appropriate individual will provide to the PMWC
evidence of such insurance.
The Contractor will provide the PMWC with a copy of the applicable insurance face
sheet(s) or certification of self-insurance reflecting these coverages and limits defined
in this section. Insurance coverage(s) must be effective no later than the effective
date of this contract and for the term of this Contract. Contractor shall submit renewal
certificates as appropriate during the term of this Contract.
3. The Contractor shall ensure that every employee or assignee receiving any WIA funds
on a cash advance basis, who is authorized to act on behalf of the Contractor or any
subcontractor or assignee for the purpose of receiving or depositing funds into
programs accounts for other instruments of payment for program costs, shall be
bonded to provide protection against loss. The amount of coverage shall be the lower
of the following:
a) $1,000,000, or
b) The highest payment received through check or drawdown during the
preceding grant year. In the case of new Contractors, this level shall be the
highest payment through check or drawdown planned for the present grant
year.
4. Contractor shall provide proof of bonding and insurance coverage. Contractors shall
provide, at the Administrative Entity's request, copies of bonding and insurance
instruments or certifications of same from the bond/insurance issuing agency.
5. The Contractor's officers, employees, or agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from active and/or potential
subcontractors or parties to sub-agreements while this contract is in effect.
S. INDEPENDENT CAPACITY OF CONTRACTOR
The parties intend that an independent Contractor relationship will be created by this
Contract. The Contractor and his or her employees or agents performing under this
Contract are not employees or agents of the PMWC. The Contractor will not hold himself
or herself out as, nor claim to be an officer or employee or, the PMWC by reason hereof,
nor will the Contractor make any claim of right, privileged or benefit which would accrue to
such employee under law. Conduct and control of the work will be solely with the
Contractor.
T. INFORMATION TECHNOLOGY RESOURCES
All WorkSource partners, customers and WIA service providers are required to conserve
and protect state resources for the benefit of the public interest. This requirement is
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necessary to maintain public trust, conserve public resources and protect the integrity of
state information resources and systems. Active compliance with this requirement will
limit risk and liability for WorkSource partners and customers, as well as individual
employees.
All WorkSource partners, customers and WIA service providers must conform to WIA
Policy #3460 (www.wa.gov/esd/policies/title1b.htm) and ESD Policy and Procedure #2016
(www.inside.esd.wa.gov/policies/admin “2000 Support Service Policies) each of which
are hereby incorporated by reference when using ESD-provided state-owned information
technology resources.
U. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, PMWC may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund.
The PMWC may:

Deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by PMWC under this Contract; and

Transmit the deducted amount to the Department of Labor and Industries (L&I),
Division of Insurance Services.
This provision does not waive any of L&I’s right to collect from the Contractor. In addition,
the Contractor must provide insurance coverage to participants who are not covered by
worker’s compensation. Insurance coverage shall be insurance with limits not less than:
1. $25,000 Blanket Accident Medical Reimbursement
2. $50,000 Accidental Death
V. LICENSING AND ACCREDITATION
The Contractor shall comply with all applicable local, state and federal licensing,
accreditation and registration requirements and/or standards, necessary for the
performance of this Contract.
W. LIMITATION OF SIGNATURE AUTHORITY
Only the PMWC Executive Director, Deputy Director or their delegate (delegation to be
made in writing prior to action) shall have the express, implied or apparent authority to
alter, amend, modify or waive any clause or condition of this Contract. Furthermore, any
alteration, amendment, modification or waiver of any clause or condition of this Contract is
not effective or binding unless made in writing and signed by the PMWC Executive
Director, Deputy Director, or delegate.
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X. LOBBYING ACTIVITIES
The Contractor has provided, in Attachment D to this Contract, its certification that it is in
compliance with the requirements of 29 CFR Part 93, restricting lobbying activities. The
Contractor shall also make available upon request required disclosure information if the
Contractor participates in lobbying activities during the Contract period.
Y. MAINTENANCE OF EFFORT
The Contractor shall ensure the following:

That funds for training programs do not impair existing contracts for services, or
result in the substitution of Federal funds for other funds in connection with work to
be performed, including services normally provided by temporary, part-time or
seasonal workers or through subcontracting such services; and

That funds for training programs result in an increase in employment and training
opportunities over those which would otherwise be available.
AA. NONDISCRIMINATION
PMWC provides equal opportunity to all persons seeking or having access to its
employment, services and activities. The Contractor, its assignees, delegates or
subcontractors shall not discriminate against any person in the performance of any of its
obligations hereunder on the basis of race, color, creed, religion, belief, national origin,
age, sex, marital status, veteran status, sexual orientation or the presence of any
disability unless such disability effectively prevents the presence of the essential
functions of the position.
No individual shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of or in connection with
any such program or activity funded in whole or in part by this Contract on the basis of
race, color, religion, sex, national origin, age, disability, or political affiliation or belief;
and against any beneficiary of programs financially assisted under Title I of the
Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary’s citizenship
and/or status as a lawfully admitted immigrant authorized to work in the United States,
or his or her participation in any WIA Title I-financially assisted program or activity.
The Contractor shall comply with the nondiscrimination and equal opportunity laws
described in Section 188 of WIA OF 1998, including Title VI of the Civil Rights Act of
1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age
of Discrimination Act of 1975, Title IX of the Education Amendments of 1972; and the
Americans with Disabilities Act of 1990.
The Contractor must not discriminate in any of the following areas:

Deciding who will be admitted, or have access, to any WIA Title I-financially
assisted program or activity;
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

Providing opportunities in, or treating any person in regard to, such a program or
activity; or
Making employment decision in the administration of, or in connection with, such a
program or activity.
The Contractor also ensures that it will comply with 29 CFR, Part 37; including the
Methods of Administration (MOA) developed by the State of Washington Employment
Security Department and any PMWC and WIA policies and procedures issued.
The Contractor shall promptly notify the PMWC Equal Opportunity (EO) Officer of any
administrative enforcement actions or lawsuits filed against it alleging discrimination on
the grounds on the basis of race, color, religion, sex, national origin, age, disability, or
political affiliation or belief; and against any beneficiary of programs financially assisted
under Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the
beneficiary’s citizenship and/or status as a lawfully admitted immigrant authorized to
work in the United States, or his or her participation in any WIA Title I-financially
assisted program or activity. The PMWC EO Officer will notify the State EO Officer who
will then notify the Director, Civil Rights Center (CRC), Office of the Assistant Secretary
for the Administration and Management, US Department of Labor.
The Contract shall post the “Equal Opportunity is the Law” notice (Attachment D)
prominently in reasonable numbers and places; shall disseminate the notice in internal
memoranda, other written or electronic communications; shall include the notice in
handbooks or manuals; make the notice available during orientations and to each
participant. A signed copy of the notice will also be made a part of the participant’s file.
All medical information and/or information regarding a participant’s disability must be
kept confidential and maintained in a file that is separate from the participant’s file.
The Contract shall include the following Equal Opportunity tagline in recruitment
brochures and other materials that are ordinarily distributed or communicated in written
and/or oral form, electronically and/or on paper, to staff, clients, or the public at large, to
describe WIA Title I financially assisted programs or activities:
The (Enter the Contractor’s Name) is an equal opportunity employer and
provider of employment and training services. Auxiliary aids and
services are available upon request to persons with disabilities.”
In the event that one of the parties hereto refused to comply with the above provision the
TERMINIATION, SUSPENSION AND REMEDIES clause (Section MM) may be utilized.
BB. PATENT RIGHTS
The PMWC retains the entire right, title and interest to each invention developed during
the performance of Contract services.
The PMWC shall receive prompt, written notice of each notice or claim of patent
infringement received by the Contractor with respect to patents developed during its
performance of Contract services.
(46)
The Contractor shall disclose to the PMWC any invention, written product, computer
program developed or data assembled as a result of performance of work under this
contact within sixty (60) days of invention, development or assembly.
The PMWC, State of Washington, and US Department of Labor shall have the right to
patent any invention and copyright any written product or computer program or data
generated by Contactor. Upon written request, Contractor shall transfer all pertinent
information, specifications and right, title and interest to the designated agency.
The Contactor will retain a non-exclusive, royalty-free license throughout the world on
each subject invention, document, program or data to which the PMWC, State or
Department of Labor obtains title, except if the Contractor fails to disclose such
invention, document, program or data. The license is transferable by the Contractor
only with the approval of the agency obtaining title, except when transferred to the
successor of the Contractor.
Where the PMWC, State and US Department of Labor decline to request the transfer of
rights, the Contactor shall retain the entire right, title and interest throughout the world to
each subject invention, document, program or data. In such event, the PMWC, State
and US Department shall have non-exclusive, non-transferable, irrevocable paid up
license to use subject invention, document, program or data throughout the world.
CC. PELL GRANTS
If this Contract involves participant training at institutions that are certified to participate
in student financial aid, as appropriate the Contractor shall incorporate the use of Pell
Grants to offset the costs of training, such as tuition, books, supplies, transportation,
child care, miscellaneous expenses and/or special costs for disabled participants.
(Department of Labor Information Notice 25-89, dated April 9, 1990.)
DD. PRICE WARRANT
The Contractor warrants that the cost charged for services under the terms of this
Contract are not in excess of those charged any other client for the same services
performed by the same individuals.
EE. RECORDS RETENTION
The Contractor shall:
1) Retain all financial, statistical, property and participant records and supporting
documentation for a period of three years following the date on which the
expenditure report containing the final expenditures charged to the contract is
submitted to the PMWC.
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2) Retain records for non-expendable property for a period of three years after final
disposition of the property.
3) Retain those records mentioned, in 1. and 2., beyond the three year period if any
litigation or audit is begun, or if a claim is instituted involving the contract covered
by the records. In these instances, the records will be retained three years after
litigation, audit or claim has been finally resolved.
4) Records regarding discrimination complaints and actions taken thereunder are
confidential, and shall be maintained for a period of not less than three years from
the final date of resolution of the complaint.
FF. SAFEGUARDING OF CLIENT INFROMATION
The use or disclosure by any party of any information concerning a program participant
or applicant for any purpose not directly connected with the administration of the
PMWC’s or the Contractor’s responsibilities with respect to contracted services provided
under this Contract is prohibited except by written consent of the participant or applicant,
his or her attorney or his or her legal authorized representative.
The Contractor shall use any private and confidential information provided under this
Contract solely for the purpose for which the information was disclosed. The Contractor
shall not disclose or misuse any private and confidential information under this Contract
unless the disclosure is authorized by law. The misuse of unauthorized release of
private and confidential information shall subject Contractor, its employees or agents to
a civil penalty of Five Thousand dollars ($5,000) and other applicable sanctions under
state and federal law (50.13 RCW).
The Contractor agrees to maintain the confidentiality of any information regarding
program participants, and the immediate family of any applicant or participant that
identifies or may be used to identify them and which may be obtained through
application forms, interviews, tests, reports from public agencies or counselors or any
other source. The Contractor shall not divulge such information without the permission
of the participant, except for disclosures required by court process, order or degree, and
except that information which is necessary for purposes related to the performance or
evaluation of the contract may be divulged to parties having responsibilities under the
contract for monitoring or evaluating the services and performances under the contract
and to governmental authorities to the extent necessary for the proper administration of
the program.
GG.
SALARY AND BONUS LIMITATIONS (NOT APPLICABLE TO VENDORS)
In compliance with Public Law 109-234, none of the funds appropriated in Public Law 109149 or prior Acts under the heading ‘Employment and Training’ that are available for
expenditure on or after June 15, 2006, shall be used by a recipient or sub-recipient of such
funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs,
at a rate in excess of Executive Level II, except as provided for under section 101 of Public
Law 109-149. This limitation shall not apply to vendors providing goods and services as
defined in OMB Circular A-133. Where States are recipients of such funds, States may
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establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from
sub-recipients of such funds, taking into account factors including the relative cost-of-living in
the State, the compensation levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs involved including
Employment and Training Administration programs. See Training and Employment Guidance
Letter number 5-06 for further clarification.
The incurrence of costs and receiving reimbursement for these costs under this award
certifies that your organization has read the above special condition and is in compliance.
HH.
SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of this contract.
II. SINGLE AUDIT ACT REQUIREMENTS
If the Contractor is a subrecipient of federal awards as defined by Office of Management and
Budget (OMB) Circular A-133, the Contractor shall maintain records that identify all federal
funds received and expended. Such funds shall be identified by the appropriate OMB
Catalog of Federal Domestic Assistance Numbers. The Contractor shall make the
Contractor’s records available for review or audit by officials of the US Department of Labor,
the PMWC, the General Accounting Office, Employment Security Department, and the
Washington State Auditor’s Office. The Contractor shall incorporate OMB Circular A-133
audit requirements into all contracts between the Contractor and its Subcontractors who are
sub recipients. The Contractor shall comply with any future amendments to the OMB Circular
A-133 and any successor or replacement Circular or regulation.
If the Contractor expends $500,000 or more in federal awards during the Contactors fiscal
year, the Contractor shall procure and pay for a single or program-specific audit for that year.
Upon completion of each audit, the Contractor shall submit to the PMWC audit report and
other appropriate documentation as required by the OMB Circular A-133.
Audit Rights and Requirements
a. If the Contractor is subject to the Single Audit Act (SAA), the Contractor shall include this
contract within the scope of the SAA audit. A copy of the SAA final audit report shall be
delivered to the PMWC within thirty (30) calendar days after its receipt by the Contractor and
no later than one year after the end date of this contract. In the event the Contractor fails to
comply with this paragraph, the Contractor shall reimburse the PMWC for any costs incurred
for a substitute audit or review and may also incur liability under “paragraph e.” below.
b. The final audit report shall include, or be accompanied by, a statement that this contract is
covered by the report and shall list any findings relevant to this contract. The PMWC and its
agents shall have access to all audit work papers.
c. All findings in the audit report relevant to this contract shall be resolved to the satisfaction of
the PMWC.
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d. The United States Department of Labor and the State of Washington and their agents also
have the right to audit the Contractor’s performance under this contract.
e. The Contractor agrees to fully cooperate in all audit efforts and is liable for any disallowed
costs incurred by the Contractor or the PMWC as a result of the Contractor’s performance or
failure to perform under this contract.
f. Contractor agrees to participate in and be bound by the PMWC’s disallowed costs and debt
collection procedures.
JJ. SITE SECURITY
While on PMWC’s or Washington State Employment Security Department’s premises,
Contractor, its agents, employees or Subcontractors shall conform in all respects with
physical, fire or other security policies or regulations.
KK. SMALL, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
The Contractor shall provide to qualified small, minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Contract.
LL. SUBCONTRACTING
The Contractor shall not subcontract work or services contemplated under this Contract
and/or use an outside consultant except as provided for in the Statement of Work without
obtaining the prior written approval of the PMWC for the authority to enter into subcontracts.
Contractor acknowledges that such approval for any subcontract does not relieve the
Contractor of its obligations to perform hereunder. The PMWC retains the authority to review
and approve or disapprove all subcontracts. The Contractor shall provide the PMWC with
written copies of their subcontract(s) funded in whole or in part by this contract. At the
PMWC’s request, the Contractor will
forward copes of their subcontractor’s fiscal, programmatic and other material pertaining to
any and all subcontracts.
For any proposed Subcontractor the Contractor shall:
i.
Be responsible for Subcontractor compliance with these General Terms and
Conditions and the subcontract terms and conditions; and
ii.
Ensure that the Subcontractor follows the PMWC’s reporting formats and
procedures as specified by the PMWC.
iii.
Be responsible for the performance of any subcontract(s).
The Contractor is not required to obtain pre-approval for On-the-Job-Training (OJT) contracts
or Individual Training Account (ITA) agreements. However, the Contractor shall adhere to
PMWC policy that applies to OJT and ITA.
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MM. TAXES
It is mutually agreed and understood that all payments accrued on account of payroll taxes,
unemployment contributions, and other taxes, insurance or other expenses for the Contractor
staff be the sole liability of the Contractor.
NN. TERMINATION, SUSPENSION AND REMEDIES
1. Termination or Suspension for Cause
In The event the PMWC determines the Contractor has failed to comply with the
conditions of this Contract in a timely manner, the PMWC has the right to suspend or
terminate this Contract. Before suspending or terminating this Contract, the PMWC
may, at its sole discretion, notify the Contractor in writing of the need to take
corrective action. If corrective action is not taken the Contract may be terminated or
suspended. In the event of termination or suspension, the Contractor shall be liable
for damages as authorized by law including, but not limited to, any cost difference
between the original Contract and the replacement or cover Contract and all
administrative costs directly related to the replacement Contract, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
The PMWC reserves the right to suspend all or part of this Contract, withhold further
payments, or prohibits the Contractor from incurring additional obligations of funds
during investigation of the alleged compliance breach and pending corrective action
by the Contractor or a decision by the PMWC to terminate this Contract. A
termination shall be deemed to be a “Termination for Convenience” if it is determined
that the Contractor: (1) was not in default; or (2) failure to perform was outside of his
or her control, fault or negligence. The rights and remedies or the PMWC provide in
this Contract are not exclusive and are in addition to any other rights and remedies
provided by law.
The PMWC reserves the right to immediately suspend all, or part of, this Contract,
and withhold further payments, or to prohibit the Contractor from incurring additional
obligations of funds when it has reason to believe that fraud, abuse, malfeasance,
misfeasance or nonfeasance has occurred on the part of the Contractor under this
contract.
2. Termination for Funding Reasons
The PMWC may unilaterally terminate this contract in the event that funding from
federal, state or other sources becomes no longer available to the PMWC or is not
allocated for the purpose of meeting the PMWC obligation hereunder. In the event
funding is limited in any way, this Contract is subject to re-negotiation under any new
funding limitations and conditions. Such action is effective upon receipt of written
notification by the Contractor.
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3. Termination for Convenience
Except as otherwise provided in this Contract, the Agency may, by sixty (60) days’
written notice, beginning on the second day after mailing, terminate this contract, in
whole or in part. If this contract is so terminated, the PMWC shall be liable only for
payment required under terms of this contract for services rendered or goods
delivered prior to the effective date of termination.
a. This contract will terminate at midnight on the end date shown on the cover
page unless early termination occurs as described in this section.
b. If the contract is terminated in whole or in part, the PMWC shall pay to the
Contractor an amount sufficient to reimburse the Contractor for activities
completed consistent with contract requirements up to the date of termination,
less payments already made to the Contractor for such activities. The
Contractor agrees to follow the method of compensation set out to submit final
payment requests, and further agrees to make final payment requests within
one hundred five (105) days of the termination date of the contract. If no final
request for payment is made within the one hundred five (105) day period, the
Contractor agrees that the PMWC in its sole discretion will determine and pay
the amount, if any, which is still due to the Contractor. The PMWC and the
Contractor may negotiate the amount to be paid within the one hundred five
(105) day period.
c. If the contract is terminated, the Contractor agrees to provide written notice of
contract termination, within five (5) days of receipt of the notice of termination
to all other parties with which the Contactor has subcontracted.
d. Upon the termination of the contract for any reason, all data and all reports or
any other work products prepared by the Contractor in the course of operating
the program shall become the property of the PMWC.
OO. TERMINATION PROCEDURE
Upon termination of this contract, the PMWC, in addition to any other rights provided in
this contract, may require the Contractor to deliver to the PMWC any property specifically
produced or acquired for the performance of such part of this Contract as has been
terminated. The provisions of the TREATMENT OF ASSETS clause shall apply in such
property transfer.
The PMWC shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and service accepted by the PMWC and the amount agreed upon by the
Contractor and the PMWC for (1) completed work and service(s) for which no separate
price is stated; (2) partially completed work and services; (3) other property or services
which are accepted by the PMWC, and (4) the protection and preservation of property,
unless the termination is for default, in which case the PMWC shall determine the extent
of liability of the PMWC. Failure to agree with such determination shall be a dispute within
the meaning of the DISPUTES clause of this contract. The PMWC may withhold from any
amounts due to the Contractor such sum as the PMWC determines to be necessary to
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protect the PMWC against potential loss or liability.
The rights and remedies of the PMWC provided in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination and except as otherwise directed by the PMWC,
the Contractor shall:
1) Stop work under this contract on the date, and to the extent specified, in the notice;
2) Place no further orders or subcontracts for materials, services or facilities except as
may be necessary for completion of such portion of work under this contract as is not
terminated;
3) Assign to the PMWC, in the manner, at the times, and to the extent directed by the
PMWC, all the rights, title and interest of the Contractor under the orders and
subcontracts so terminated, in which case the PMWC has the right, at its direction, to
settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
4) Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the PMWC to the extent the
PMWC may require, which approval or ratification shall be final for all purposes of this
clause;
5) Transfer title to the PMWC and deliver in the manner, at all times, and to the extent
directed by the PMWC any property which, if the contract had been completed, would
have been required to be furnished to the PMWC.
6) Complete performance of such part of the work as shall not have been terminated by
the PMWC; and
7) Take such action as may be necessary, or as the PMWC may direct, for the protection
and preservation of the property related to this contract which is in the possession of
the contractor in which the PMWC has or may acquire an interest.
PP. TREATMENT OF ASSETS
1. Title to all property furnished by the PMWC shall remain in the PMWC. Title to all
property purchased by the Contractor the cost of which the Contractor has been
reimbursed as a direct item of cost under this Contract, shall pass to and vest in the
PMWC upon delivery of such property by the Contractor. The title shall only pass the
Contractor if the PMWC specifically agrees to grant title in this Contract for asset(s)
purchased.
2. Any property of the PMWC furnished to the Contractor shall, unless otherwise
provided herein, or approved by the PMWC in writing, be used only for the
performance of this contract.
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3. Property will be returned to the PMWC in like condition to that in which it was
furnished to the Contractor, normal wear and tear excepted. The Contractor shall be
responsible for any loss or damage to property of the PMWC in the possession of the
Contractor which results from the negligence of the Contactor or which results from
the failure on the part of the Contractor to maintain said property in accordance with
sound management practices.
4. If any PMWC property is damaged or destroyed, the Contractor shall notify the PMWC
and shall take all reasonable steps to protect that property from further damage.
5. The Contractor shall surrender to the PMWC all property of the PMWC upon
completion, termination or cancellation of this contract.
6. All reference to the Contractor under this clause shall include any employees, agents
or Subcontractors.
QQ. USE OF NAME PROHIBITED
The Contractor shall not in any way contract on behalf of or in the name of the PMWC nor
shall the Contractor release any informational pamphlets, notices, press releases,
research reports or similar public notices concerning this project without obtaining prior
written approval of the PMWC.
RR. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this contract unless stated to be such in writing signed by authorized representative of the
PMWC.
SS.
ENERGY POLICY AND CONSERVATION ACT
The Contractor shall comply with the mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issues ion
compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871).
TT.
CLEAN AIR ACT
The Contractor shall comply with all applicable standards. Orders or requirements issued
under section 306 of the Clean air Act (42 U.S.C. 1857(h)), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulation (40 CFR part 15). (Contracts, subcontracts and subgrants of amounts
in excess of $100,000).
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UU.
DAVIS-BACON ACT
The Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29CFR Part 5). (Construction
contracts in excess of $2000 awarded by Grantees and sub-grantees when required by
Federal grant program legislation.
VV.
COPELAND ANTI-KICKBACK ACT
The Contractor shall comply with the Copeland Anti-Kickback Act ( 18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and
subgrants for construction or repair).
WW.
SPECIAL CONDITIONS
Contractor agrees to the Special Conditions in Attachment C. Should the U.S.
Department of Labor make any subsequent revisions to the special conditions during the
term of the contract, the Contractor will be notified of the changes and will be provided
guidance how to incorporate any changes relevant to this contract (if practicable).
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EQUAL OPPORTUNITY IS THE LAW NOTICE
IT IS AGAINST THE LAW FOR THIS RECIPIENT OF FEDERAL FINANCIAL ASSISTANCE TO
DISCRIMINATE ON THE FOLLOWING BASES:
Against any individual in the United States, on the basis of race, color, religion, sex, national origin, age, disability,
political affiliation or belief; and against any beneficiary of programs financially assisted under Title I of the
Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully admitted
immigrant authorized to work in United States, or his or her participation in any WIA Title I-financially assisted
program or activity.
RECIPIENTS, AS PROGRAM PROVIDERS, MUST NOT DISCRIMINATE IN ANY OF THE FOLLOWING
AREAS:
Deciding who will be admitted, or have access, to any WIA Title I-financially assisted program or activity;
providing opportunities in, or treating any person with regard to, such a program or activity; or making
employment decisions in the administration of, or in connection with, such a program or activity.
WHAT TO DO IF YOU BELIEVE YOU HAVE EXPERIENCED DISCRIMINATION?
If you think that you have been subjected to discrimination under a WIA Title I-financially assisted program or
activity, you may file a complaint within 180 days from the date of the alleged violation with either:
The Pacific Mountain Workforce Consortium Equal Opportunity Officer, Lu Jewell, at
1570 Irving Street SW, Tumwater, WA 98512, phone number (360) 570-4241, and
TTY number (360) 570-4253; or
The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, room N-4123,
Washington DC 20210.
If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final
Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address
above). If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you
filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with
CRC. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within
120 days after the day on which you filed your complaint with the recipient). If the recipient does give you a
written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may
file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received
the Notice of Final Action.
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Section VI – Exhibit Five
Glossary of Terms for Business-to-Business RFP PY07
Posted July 18, 2007
Term/Phrase
Collaboration
Definition
A mutually beneficial alliance of groups or organizations that come together to achieve
common goals. Includes a commitment to sharing of resources, mutual relationships and
a jointly developed plan(s). Collaboration is strengthened by a formal written agreement
delineating the responsibilities of each group, organization or entity.
A contract format that provides for the reimbursement of allowable costs that have been
Cost
identified and approved in the contract budget and are incurred in the operation of the
Reimbursement program. Back-up documentation is required to justify payments made under this type of
Contract
contract.
Equal Employment Opportunity. The following federal laws prohibit job discrimination:
EEO
Labor Market Information, labor-related information about unemployment, industries,
Labor Market
occupations, etc.
Information (LMI)
Services, Knowledge and Information Exchange. The Internet based electronic data
SKIES
collection tool that is used in the WorkSource system.
Workforce
Development
Workforce development refers to the entirety of the systems by which people are
educated, trained, upgraded and retrained for employment and participation in the
workforce. Included in the process are all segments of the system—from K–12 education
and postsecondary institutions to public and private training programs to economic
development and employment expansion programs.
One-Stops in Washington State are called WorkSource centers.
WorkSource
Demand
Occupation
Contacts for
Business
Retention
The definition for "high demand" for employment means that the demand for employment
in a particular occupation or skill set exceeds the supply of qualified workers in the labor
market. (see PMWC Policy #320 – for Determining Qualifying Occupations:
www.pmwdc.com
The contacts you plan to make in an effort to continue services to Business-to-Business
employers.
Entry of the service named “Business-to-Business Services” along with the type of
contact/service provided must be entered in SKIES to track the retention efforts.
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Section VI – Exhibit Six
Business-to-Business (BtB) RFP PY07
DEFINITIONS OF TERMS ON THE CUMULATIVE PERFORMANCE FORM (CPF)
Use these definitions when completing the form. Complete one form for each county. The worksheet
named “total” will be filled out automatically from the entries you make for each county. Contract
performance will be negotiated with the successful bidder to include businesses that are to continue
receiving services (from all five counties). Posted April 1, 2010.
Term or Phrase
Definition
Total Businesses to be served This is the only measure that new bidder’s do not complete. Only bidder’s
who currently have a PMWC BtB contract are to complete this information.
Total number of businesses you plan to “carry-in” plus the number of new
businesses you plan to serve. To count as a “carry-in” business the service
named “Business-to-Business Services” must be entered in SKIES to identify
the business as being served by a BtB contract.
New Businesses
Number of new businesses you plan to serve. Current PMWC BtB
contractors are not to count “carry-ins” in this number.
In order for a new business to be counted, the SKIES service named
“Business-to-Business Services” must be entered for that business.
New Job Openings Received
(7/1/10 through 6/30/11)
Any job opening entered into SKIES for a BtB employer will be counted. May
be entered by any WorkSource staff authorized to enter job openings/orders.
If an employer needs more than one individual for the same job title, each is
counted as a job opening.
Job Openings Filled
When a job seeker is referred to a job opening with a BtB employer and is
hired, it counts as one job opening that is filled.
This data can be entered in SKIES by any authorized WorkSource staff.
Number of Job Openings
Training will be provided to the Contractor on the entry of data into the Follow
Filled that are retained by the Up Plan in SKIES to track this measure.
employer for at least 6 months
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