WORKFORCE SOLUTIONS CAMERON
851 Old Alice Rd.
BROWNSVILLE, TEXAS 78520
REQUEST FOR PROPOSALS
FOR
CHILD CARE SERVICES
RFP# 15-RFP-04-159
ISSUE DATE: April 1, 2015, 10:00 A.M. (CST)
BIDDERS CONFERENCE: April 13, 2015 10:00-11:00 a.m. (CST)
RESPONSE DEADLINE: May 15, 2015, 5:00 PM (CST)
Child Care Services
RFP# 15-RFP-04-159
Contents
PART I
INTRODUCTION AND BACKGROUND ..................................................................................... 5
A. INTRODUCTION ........................................................................................................................................ 5
OUR MISSION .................................................................................................................................................... 6
OUR VISION....................................................................................................................................................... 6
OUR CORE VALUES ......................................................................................................................................... 6
WORKFORCE SOLUTIONS CAMERON LONG TERM GOALS .................................................................. 6
OUR CUSTOMERS ............................................................................................................................................ 6
B. THE WORKFORCE CENTER SYSTEM ................................................................................................... 6
PART II
GENERAL INFORMATION .......................................................................................................... 7
A. METHOD OF PROCUREMENT ................................................................................................................ 7
B. ALLOWABLE AND APPLICABLE CONTRACT AUTHORITIES ......................................................... 7
C. PURPOSE OF REQUEST FOR PROPOSAL (RFP) ................................................................................... 8
D. FUNDING .................................................................................................................................................. 10
E. SCOPE OF OPERATIONS ........................................................................................................................ 11
F.
PERFORMANCE MEASURES ................................................................................................................ 11
G. ALLOCATIONS ........................................................................................................................................ 11
H. CONTRACT TYPE.................................................................................................................................... 12
I.
CONTRACT TERM .................................................................................................................................. 12
J.
RFP SCHEDULE OF EVENTS ................................................................................................................. 12
K. ISSUANCE / AVAILABILITY OF RFP ................................................................................................... 13
L. RESPONSE DEADLINE ........................................................................................................................... 13
M. BIDDER’S CONFERENCE ...................................................................................................................... 14
N. QUALIFICATIONS OF PROPOSERS ..................................................................................................... 14
O. CONTRACT AMOUNT ............................................................................................................................ 16
P.
EVALUATION OF PROPOSALS ............................................................................................................ 16
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Q. DEBRIEFINGS AND APPEALS .............................................................................................................. 19
R. GOVERNING PROVISIONS AND LIMITATIONS................................................................................ 19
S.
ADMINISTRATIVE REQUIREMENT AND PROCEDURES ................................................................ 21
T. TRANSITION PLANNING ....................................................................................................................... 24
U. FUNDING .................................................................................................................................................. 24
PART III
PROPOSAL SUBMISSION .......................................................................................................... 24
A. GENERAL INSTRUCTIONS.................................................................................................................... 24
B. SUBMISSION ORDER ............................................................................................................................. 25
C. PROPOSAL COVER SHEET .................................................................................................................... 27
D. TABLE OF CONTENTS ........................................................................................................................... 27
E. EXECUTIVE SUMMARY ........................................................................................................................ 27
F.
PROPOSAL NARRATIVE........................................................................................................................ 27
PART IV
BUDGET ....................................................................................................................................... 27
A. LIMITATIONS .......................................................................................................................................... 28
B. BUDGET FORMS ..................................................................................................................................... 28
C. INSTRUCTIONS FOR COMPLETING BUDGET FORMS .................................................................... 28
PART V
ATTACHMENTS & EXHIBITS................................................................................................... 31
ATTACHMENT A - PROPOSAL NARRATIVE ............................................................................................ 32
ATTACHMENT A.1 ..................................................................................................................................... 33
ATTACHMENT A.2 ..................................................................................................................................... 34
ATTACHMENT B - BUDGET FORMS .......................................................................................................... 42
BUDGET FORM B.1 - Line Item Budget for the period of October 1, 2015 to September 30, 2016 .......... 43
BUDGET FORM B.2 – Budget Narrative For the Period October 1, 2015 to September 30, 2016 ............. 44
BUDGET FORM B.3 - Salary Allocation Plan ............................................................................................. 46
ATTACHMENT C - FISCAL MANAGEMENT SYSTEMS SURVEY .......................................................... 47
ATTACHMENT D - ADMINISTRATIVE MANAGEMENT SURVEY ........................................................ 49
ATTACHMENT E - CERTIFICATION OF BIDDER ..................................................................................... 51
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ATTACHMENT F - CERTIFICATE REGARDING DEBARMENT .............................................................. 52
ATTACHMENT G - CERTIFICATE REGARDING DRUG-FREE WORKPLACE ...................................... 53
ATTACHMENT H - CERTIFICATION REGARDING LOBBYING ............................................................. 55
ATTACHMENT I - CERTIFICATE REGARDING CONFLICT OF INTEREST .......................................... 56
ATTACHMENT J - TEXAS CORPORATE FRANCHISE TAX CERTIFICATION ..................................... 57
ATTACHMENT K - BOARD APPEALS PROCEDURES ............................................................................. 58
Exhibit A - Staff Minimum Qualifications, Job Descriptions and Resumes ..................................................... 64
Exhibit B - Risk Assessments, Monitoring Reports and Associated Correspondence ...................................... 65
Exhibit C - Audit Reports and Management Letters .......................................................................................... 66
Exhibit D - Cost Allocation Plan ....................................................................................................................... 67
Exhibit E - Indirect Cost Rate and Cognizant Agency Letter or Proposed Management Fee Detailed
Line Item Budget ............................................................................................................................................... 68
Exhibit F - Proof of Incorporation of Organizational Status .............................................................................. 69
Exhibit G - IRS Form 990 .................................................................................................................................. 70
Exhibit H - Copies of Texas CCS Contracts ...................................................................................................... 71
Exhibit I - Copies of Non Texas CCS Contracts................................................................................................ 72
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PART I
INTRODUCTION AND BACKGROUND
A. INTRODUCTION
The Workforce Solutions Cameron (WFSC) serves as the leadership and governing body for
the Cameron County Workforce Development Board Area. WFSC and the
"Board" will be used interchangeabl y throughout this RFP to mean Workforce
Solutions Cameron. The Board is a public/private partnership, with its Directors
representing business, education, labor, economic development, community-based
organizations, and public entities.
The Board was established in 1997 in accordance with the Federal Workforce Investment Act
of 1998 and the Texas Workforce and Economic Competitiveness Act (HB 1863 and
SB632). The Board is organized as a non-profit corporation in the State of Texas with
tax-exempt status under IRS code 501(c)(3). It is part of the Texas Workforce Solutions
Network, comprised of the Texas Workforce Commission and twenty-eight (28) local
workforce boards.
The Board’s responsibilities include, but are not limited to:

Strategic and operational planning;

Design of the local workforce development delivery system, i ncluding the
establishment of one-stop workforce centers;

Oversight and evaluation of workforce development activities in the local area;

Connecting and aligning the components of the regional workforce system;

Leveraging and investing workforce development resources;

Providing policy guidance;

Advocacy for workforce issues and needs;

Building partnerships in support of local workforce initiatives;

Serving as the link between the workforce system and its owners (taxpayers); and

Assess the effectiveness of the local workforce Board.
WFSC also serves as the designated grant recipient and administrative entity for
workforce development program funds allocated to the Cameron County Workforce
Development Board Area.
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OUR MISSION
Workforce Solutions Cameron is the local workforce partnership organization devoted to
promoting and supporting a workforce structure that provides employers and individuals of
Cameron County the opportunity to achieve and sustain economic prosperity.
OUR VISION
Workforce Solutions Cameron is the premier, proven provider of high quality workforce
resources for Cameron County.
OUR CORE VALUES
Accountability, Innovation, Integrity, Transparency, Relevance, Excellence, Partnering.
WORKFORCE SOLUTIONS CAMERON LONG TERM GOALS

Ensure that workforce services are business-driven and meet the needs of employers and
job seekers.

Increase the pool of qualified workers to meet existing and future occupational demands.

Expand and support career and technology programs and dual credit opportunities for
high school students.

Maximize the utilization of resources by ensuring all workforce operations provide a
positive return on our investments.

Expand access to quality early childhood education and after-school child care to
prepare children to successfully complete their secondary education.
OUR CUSTOMERS
WFSC believes in a demand-driven system, where employers are our primary customer.
Meeting the needs of employers enables us to meet the needs of job seekers. We serve two (2)
customers:

ALL employers in the region, regardless of size or industry.

ALL job seekers who live in the region, regardless of employment status, educational level,
skills, abilities, or age.
B. THE WORKFORCE CENTER SYSTEM
The workforce center is the focal point and public face of the local workforce development
delivery system. It provides access to a broad array of services and information in one place.
It is designed to serve a diverse range of customers with diverse needs and is a vital link
in connecting job seekers and employers. The workforce center links Workforce Solutions
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Cameron to the broader workforce system and community.
Workforce Center Principles
Universality – access to a broad array of information and services available to all customers –
job seekers and employers.
Empowered Individuals – through access to up-to-date and relevant information,
customers are empowered to make well-informed decisions regarding choices and
opportunities that exist for employment, education and training.
Integration – the system should be flexible, responsive and seamless. It should feel like a
single system with no separate identification of programs or agencies. Services are streamlined
and easy to use.
Performance-Driven – the system must be accountable for achieving the outcome of a skilled
workforce. Customer feedback, quantitative and qualitative data should be used to measure
success and serve as the foundation for continuous improvement activities.
PART II
GENERAL INFORMATION
A. METHOD OF PROCUREMENT
Services solicited under this RFP are under the competitive negotiation method of procurement.
This RFP provides a uniform method for the procurement of specified services, providing for full
and open competition. It contains the necessary background, information, requirements, and
instructions for responding to this RFP. This procurement is conducted in accordance OMB
Circular A-122, A-110, or applicable OMB Circular, supplemented by the final rules
promulgated by the Office of the Texas Governor under the Uniform Grants Management
Standards, and the Texas Workforce Commission’s (TWC) Financial Manual for Grants and
Contracts (FMGC).
WFSC intends to negotiate a contract with the successful proposer, establishing a subcontractor
relationship involving fiscal, administrative, and performance accountability.
B. ALLOWABLE AND APPLICABLE CONTRACT AUTHORITIES
Proposers are expected and presumed to be knowledgeable of all applicable laws, rules,
regulation, directives, policies, and plans. Many of the contract authority items can be found online at: www.twc.state.tx.us or www.hhs.gov and the WFSC Board’s website:
www.wfscameron.org.
The operation of the Child Care Services (CCS) program includes, but is not limited to, the
provision of allowable services and activities under the following authorities and Acts:

Child Care and Development Block Grant Act of 1990, 42 U.S.C. §§9858 et seq.;

Social Security Act, 42 U.S.C. §§603-619, as amended;
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
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C.
§§601 et. seq.;

Balanced Budget Act of 1997, Public Law 105-33;

45 C.F.R. §98 and §99 Child Care Development Fund Rule;

Consolidated Appropriations Act of 2005, Public Law 108-447;

Approved State Plan for CCDF;

Texas Human Resources Code, Chapters 31, 34 and 44;

Texas Labor Code, Chapter 302;

40 Texas Administrative Code (TAC), Chapters 800, 801, 802, 809, and 811;

Approved Local Child Care Plan

Rules, policies and other directives of the Texas Workforce Commission (TWC) and
WFSC.
C. PURPOSE OF REQUEST FOR PROPOSAL (RFP)
WFSC is soliciting proposals from qualified and eligible independent entities for the operation
and management of the Child Care Services (CCS) program in the Cameron County workforce
development region. WFSC expects to enter into a contractual relationship with a single
contractor for the operation and management of the CCS program as a result of this RFP.
WFSC's intent by this solicitation is to obtain a qualified entity that will provide Child Care
services in a manner that will enhance performance and improve the quality of customer service.
Services will include:
Child Care Client Services – to offer child care to eligible families and to improve the quality,
availability and affordability of child care in Cameron County:

Manage funds to maximize service units and meet monthly fund utilization targets;

Design program service delivery to minimize operations costs;

Offer low-income families an expanded choice of accessible child care arrangements;

Offer low-income families an opportunity to work, obtain training, or receive an
education enabling them to become self-sufficient;

Maintain and manage a wait list;

Determine and document eligibility for child care services;
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
Allow parent choice in selecting child care providers;

Provide local communities a focal point for the coordination of services to families and
children;

Offer families an identifiable source of child care information and assistance;

Ensure greater opportunities for child care providers to participate in the delivery of CCS
referred care;

Meet contracted monthly performance measures to meet year to date measures beginning
with the first month of the contract;

Report to the Board in manner prescribed by the Board staff; and,

Develop community resources to increase child care resources needed to support
economic development.
Provider Management – to recruit eligible child care providers to expand the availability of
child care within the Cameron County WDA and to improve the quality of child care services
provided:

Determine the applicable rates for child care and additional services using the established
method;

Meet contracted performance measures;

Report to the Board in a manner prescribed by the Board;

Develop and implement a recruitment plan;

Recruit providers who provide services outside normal business hours (i.e. night care);
and,

Provide technical assistance to providers.
Financial Management – to provide financial management services for Child Care Client
Services and Operations, and Child Care Provider Management.

Develop, maintain, track, and report on multiple budgets using the TWC automation
system and internal accounting systems;

Maintain records and make reports in a manner prescribed by the Board;

Provide an accurate and auditable record of all financial transactions;

Submit monthly claims to the Board for approval and reimbursement of operations costs;

Prepare budgets, and budget amendments;
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
Process provider bills and uploading information to TWC for reimbursement;

Review provider and self-arranged billings;

Monitor direct expenditures and projecting future expenditures; and,

Maintain inventory.
WFSC shall ensure that fiscal and statistical tracking is performed as required by federal and
state statutes, regulations, and policies applicable to the funding sources for child care including,
but not limited to, forms required by the Office of Management and Budget Circulars, the United
States Department of Health and Human Services, the Texas Workforce Commission (TWC),
and the Uniform Grant Contract Management Standards of the Office of the Governor.
D. FUNDING
Funding for CCS comes from state and federal sources allocated according to the number of
eligible children living within each WDA. Funding levels are set by contract at the beginning of
the State of Texas fiscal year; however, additional funding can become available at any point
during the fiscal year. The Contractor must be prepared to incorporate such funding and place
additional children in care as necessary.
The actual amount of a contract award will be based on the proposed budgets, availability of
funds, and the standards for the use of public funds (i.e. all costs must be reasonable and
necessary to carry out the planned functions, allowable, and allocable to the proper grant/cost
categories). The proposal(s) most advantageous to the Board in terms of quality and cost will be
recommended for contract negotiations.
Target clients and related funding sources are as follows:

Choices/TANF — Funded by the Child Care Development Fund. Clients participating in
the Choices Program are eligible for these funds.

Children whose parents are involved with Child Protective Services –funded by Title 20
of the Social Services Block Grant, Child Protective Services.

Transitional — Funded by the Child Care Development Fund. Clients that have been
denied TANF benefits because of earned income are eligible for these funds.

Supplemental Nutrition Assistance Program — Funded by Supplemental Nutrition
Assistance Program. Clients participating in the Supplemental Nutrition Assistance
Program are eligible for these funds.

Texas Department of Family and Protective Services — Foster Care — Funded by Title
IV — E of Social Services Block Grant — Families that are participating in the Foster
Care Program are eligible for these funds.

At Risk Funding – Funded by the Child Care Development Fund and the Child Care
Development Block Grant. The following categories are included in the funding stream:
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Income Eligible, Former CPS, Children with Disabilities, Teen Parents, and School Age
Care

Workforce Applicant – Funded by the Child Care Development Fund. Clients that
receive a job before being put on the welfare rolls are eligible for this funding.

WIOA- Workforce Innovation Opportunity Act – WFSC will reimburse the contractor
for child care payments to child care providers in accordance with TWC and WFSC
policies and procedures. WFSC reserves the right to reallocate funds among funding
categories before contract award and throughout the contract period. All allocations of
funds are subject to the availability of state and federal funds.
E. SCOPE OF OPERATIONS
Workforce Solutions Cameron provides workforce development services for employers and job
seekers through two full service centers and one satellite center within Cameron County. The
child care services contractor selected as a result of this RFP process will be required to ensure
access to child care to all eligible families in Cameron County.
The following is a summary of the operations under the current child care contract:

There are 253 child care facilities operating in the Board area; 192 have financial
agreements with the child care services contractor. There are two (2) relative care
providers.

Thirty-nine (39) providers participate in the Texas Rising Star Program.
F. PERFORMANCE MEASURES
The current child care performance measure for Workforce Solutions Cameron is to provide care
for an average of 3,639 children per day for the period October 2014 through September 2015.
The number of children served is defined as the number of full time and part time units provided
per day for each child enrolled in the system.
The performance target for the contract resulting from this RFP will not be available for
proposal budget development. However, for budget planning purposes, proposers may use the
current target.
G. ALLOCATIONS
Listed below is the current child care services allocation for contract/fiscal year 2015. The
proposed budget should be based on this allocation and the current units of care target. The
actual budget will be negotiated based on the actual allocation and the new performance target
once available.
Operations
Direct Care
Total CCS Contract Budget
$1,160,000
$9,932,900
$11,092,900
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H. CONTRACT TYPE
The type of contract expected to be executed as a result of this RFP process will be a cost
reimbursement contract. A cost reimbursement contract is a contract format wherein all
allowable costs detailed in the budget are reimbursed. “Allowable” means allowable under both
federal and State requirements and contract terms. All contracts are contingent upon adequate
funding. Final contracts are also subject to any changes in legislation, regulations, or
policies issued by funding sources. Workforce Solutions Cameron reserves the right to vary or
change the terms of any contract executed as a result of this RFP, including funding levels,
the scope of work, performance standards, and the contract period as it deems necessary and in
its best interests.
The Board is committed to service excellence and to achieving results. Thus, the Board will
provide a financial incentive for successfully meeting or exceeding Board established
criteria. The incentive will be classified as " profit" in the case of for-profit contractors, and
a " performance incentive bonus" for non-profit contractors. Profit/Incentive funds will be
negotiated with the successful proposer.
I. CONTRACT TERM
The Board will enter into a one (1) year contract with the option to renew yearly, up to four (4)
additional years, contingent on satisfactory performance against contract metrics (financial and
programmatic), other negotiated contractual requirements as applicable, and compliance with
contract terms and conditions. In no event shall the total term of the contract exceed five (5)
years. The Board reserves the right to terminate the contract at any time it deems
advantageous based on performance against contract metrics, other negotiated contractual
requirements, and compliance with contract terms and conditions.
The first year contract term shall begin October 1, 2015 through September 30, 2016.
J. RFP SCHEDULE OF EVENTS
The following schedule of events is subject to change at the discretion of the Board. All
requestors of this RFP will be notified of any and all changes. All times shown in the RFP are
Central Standard Time (CST).
Issuance of RFP
April 1, 2015, 10:00 a.m.
Bidder's Conference
April 13, 2015, 10:00 a.m.
Deadline for Submitting Bidder’s Questions
April 17, 2015, 5:00 p.m.
Q&A posted on Board website
April 20, 2015, 5:00 PM
Proposal Due
May 15, 2015, 5:00 p.m.
Proposal Evaluation Completed
May 29, 2015
Evaluation Results 1) Considered by Board
June 16, 2015
Executive Committee; 2) Executive Committee
makes selection for recommendation to Board of
Directors
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Executive Committee 1) Recommendation to Board
of Directors; 2) Board of Director’s Selection of
Vendor for contract negotiations;
3) Authority for Transition Contract, if applicable
Contract Negotiation begins
If applicable, Transition Contract Executed
Board Approval of Contract
Workforce Center Contract begins
June 26, 2015
July 1, 2015
July 1, 2015
September 25, 2015
October 1, 2015
K. ISSUANCE / AVAILABILITY OF RFP
This RFP is issued at 10:00 a.m., on Wednesday, April 1, 2015, by Workforce Solutions
Cameron under the direction of Pat Hobbs, Executive Director. Copies of the RFP are available
at the office of Workforce Solutions Cameron located at 851 Old Alice Rd., Brownsville,
Texas, 78520, during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).
The RFP may also be obtained at the Board's website: www.wfscameron.org.
L. RESPONSE DEADLINE
Workforce Solutions Cameron must officially receive proposals no later than 5 :00 p.m.,
on May 15, 2015. In the event of an act of nature, the date and time for receipt of
proposals will be extended appropriately. Official receipt of proposals will be by entry on
a log of proposals received and verified by a receipt form issued by Board staff. Proposers
who mail a proposal that is received on or before the deadline will be sent a copy of a receipt
form upon request.
Proposals may be hand delivered or submitted by certified mail, return receipt requested, or
courier. Faxed or emailed proposals will not be accepted. Proposals should be
addressed/externally labeled as follows:
Attn: Pat Hobbs, Executive Director
Workforce Solutions Cameron
Child Care Services RFP
851 Old Alice Rd.
Brownsville, Texas, 78520
Timely delivery of proposals is the sole responsibility of the proposer. Proposals submitted by
mail, courier or overnight delivery services must be received by the deadline specified above,
regardless of postmark or shipping date. Workforce Solutions Cameron is not responsible for
any failures, errors of omission, or otherwise on the part of the U.S. Postal Service or other
carrier. Disputes concerning late or non-delivered proposals cannot be appealed.
Any modifications or amendments to a proposal (i.e. one already submitted prior to the
deadline) must also comply with the above requirements and response deadline. Any
proposals or amendments delivered/received after the specified deadline date and time will be
deemed non responsive and will not be considered – no exceptions.
A signed original and five (5) exact copies of the proposal must be submitted. The
bidder is responsible for ensuring that all copies (including the original) contain all required
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elements and meet all specifications in the RFP. Incomplete originals and/or copies will result
in the bidder being deemed non-responsive to this RFP and will not be reviewed. Proposals
are subject to the Texas Public Information Act and the federal Freedom of Information
Act. Therefore, any proprietary material contained in a proposal should be clearly marked as
“Confidential”.
Proposals may be withdrawn upon written request if made before the response deadline. The
cost of returning proposals that are withdrawn shall be the responsibility of the proposer.
Once the response deadline is passed, all proposals will become the property of Workforce
Solutions Cameron and will not be returned.
M. BIDDER’S CONFERENCE
A bidder's conference will be held at the Board offices at 851 Old Alice Rd., Brownsville,
Texas, on April 13, 2015, at 10:00 am. Bidders also have the option of participating in the
bidder's conference via conference call. Potential bidders are required to contact Hazel
Quintero at hazel@wfscameron.org f or the conference call number and password.
Questions may be posed during the bidder's conference call, but complete answers will not be
available until a Question and Answer (Q&A) document is released. It is requested that
potential b i d d e r s provide questions to the board in advance of the b i d d e r ' s conference.
All questions outside of the bidder's conference must be in writing and e-mailed to
hazel@wfscameron.org, by April 17, 2015, by 5:00 pm. The final Q&A will be posted on the
Board's website: www.wfscameron.org on April 20, 2015, by 5:00 PM.
The Bidder’s Conference will be the only opportunity for potential bidders to obtain
guidance on the scope and nature of the work required in this RFP or to ask technical
questions concerning this solicitation.
Other than as described above, Workforce Solutions Cameron board members, officers,
staff, and authorized representatives or agents of Workforce Solutions Cameron are
precluded from answering questions concerning this RFP or the procurement process.
Contact with board members, Chief Elected Officials or staff regarding this RFP
(except as noted above) from the date that this RFP is released until a contract is
awarded is strictly prohibited. Violations of this prohibition will result in the
automatic disqualification of the offending bidder.
N. QUALIFICATIONS OF PROPOSERS
1. Eligible Proposers. Entities possessing the capacity and demonstrated ability to perform
successfully under the terms and conditions of a contract with the WFSC are encouraged to
respond. Organizations such as private for-profit, private non-profit, governmental, or faith
based are eligible. The types of management that will be considered include but may not be
limited to turnkey operations, management teams, joint ventures, and other alternative
management models.
Applicants should possess experience and program knowledge necessary to provide high
standards of customer service and satisfaction while maintaining and exceeding program
performance standards. The successful applicant will demonstrate in the proposal and
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through a pre-award review the capacity to perform the requested services and manage
multiple funds.
WFSC is prohibited from contracting with any entity debarred, suspended, or otherwise
excluded from or ineligible for participation. Accordingly, a contract requires contractors to
certify that they are in compliance with the Federal regulations implementing Executive
Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98-510, Participant’s
Responsibilities. The contractor must certify that to the best of its knowledge and belief that
neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by a Federal
department or agency.
Minority, disadvantaged and women-owned businesses that are certified by the State as
Historically Underutilized Businesses are encouraged to respond to this RFP.
2. Proposer competency: Proposers must be knowledgeable of the statutes, regulations, rules
and policies for the funding streams identified in Section II.D. A copy of the Workforce
Investment Act and regulations may be found on the U.S. Department of Labor web page at
http://www.doleta.gov. A copy of the federal rules and regulations governing child care may
be found on the U.S. Department of Health and Human Services’ web page at
http://www.acf.hhs.gov/. Copies of other pertinent statutes and regulations may be found
through the Texas Workforce Commission web page at http://www.twc.state.tx.us. The
Board will provide technical assistance on any Board-specific documents, policies and
procedures as necessary to the selected contractor. Additional information about the Board
may be obtained through the Board’s web page at www.wfscameron.org.
This RFP is designed to allow for the greatest flexibility for proposers to determine the
component(s) and/or type of management structure that will enable them to meet the
expectations and goals of this solicitation.
Contractor is responsible for having the technical managerial and administrative
competencies and capabilities in all areas necessary to ensure programmatic and fiscal
management systems are implemented effectively and efficiently to meet and/or exceed all
applicable performance outcomes of the program(s) under this RFP. The Contractor shall be
responsible for having the financial resources and stability to meet high standards of public
and fiduciary responsibility.
Contractors will be required to assume full responsibility, including all risks and hazards, for
all activities and services in the contract.
At least 10% of the funds of the potential contract must be protected through bonds,
insurance, escrow accounts, cash on deposit, or other methods to sure the funds consistent
with the rule.
3. Proposal Liaison: Each proposer must designate a responsible person within the proposer’s
organization as the proposal liaison. This individual must be familiar with the capabilities of
the proposing organization, knowledgeable of the response, and have the authority to
negotiate contractual terms and condition on behalf of the proposing organization.
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4. Organizational Structure: Proposer must have an established organization and structure in
place prior to submittal of a proposal. Proposer may be a joint venture (i.e. partnership or
consortium). Where two or more entities submit a joint proposal, a lead agency must be
identified. The commitments, roles and responsibilities of all parties must be established in
advance and specified in a written and executed agreement, which must be included in the
response to this RFP. The Board reserves the right to have such written agreements reviewed
by its legal counsel. Such proposals may be determined non-responsive if legal documents
are not presented for review. All joint venture parties will be required to submit their
respective Attachments B through J and Exhibits A through G.
5. Self-monitoring: Proposers must have a system for self-monitoring, including the review of
key information on how the organization is functioning (both management and staff
functions), and maintaining fiscal and program compliance with applicable laws, rules,
regulations and policies, contract terms and conditions, and contracted performance
measures.
6. Subcontracting: Any subcontracting must be specified in the proposal narrative and
approval must be granted by the Board prior to the execution of any contract resulting from
this RFP. All subcontracting is subject to applicable federal, state, and local laws, rules,
regulations and policies governing procurement. If a proposer submits plans to subcontract
any of the services and activities to be provided, the proposer must indicate which services
and activities will be subcontracted and the rationale behind using subcontractors instead of
providing the services directly. The proposer must also describe how subcontractors were (or
will be) procured and selected, their qualifications and the basis for payments.
Subcontractors are subject to the same requirements as the proposer under this RFP and
resultant contract. All subcontractors will be required to submit their respective Attachments
B through J and Exhibits A through G.
7. Outstanding Monitoring, Audit, or Legal Concerns: Proposers must disclose any pending
or remedied monitoring and/or audit concerns from any of the proposer’s programs prior to
receiving a contract resulting from this RFP. Additionally, proposers must disclose whether
there are any legal judgments, claims, arbitration proceedings, or suits pending or
outstanding against the organizations or its officer.
O. CONTRACT AMOUNT
The actual amount of the contract awarded will be based on the proposed budget, as well as
standards for use of public funds - that all costs are reasonable and necessary to carry out the
planned functions, and allowable and allocable to the proper grant cost categories. The
proposal(s) most advantageous to WFSC in terms of both quality and cost will be selected for
contract negotiations.
P. EVALUATION OF PROPOSALS
1. Evaluation Process: The RFP evaluation process will be conducted by an external and
independent group of evaluators, competitively procured by the Board.
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Selection of the Contractor shall be in accordance with state and federal procurement
principles which require “full and open competition”, fair and equal treatment, and “arms
length” relationships with all potential applicants.
All proposals submitted by the submission deadline will be reviewed for timeliness,
responsiveness and compliance with the technical specifications. Responses must contain all
required elements specified in this RFP. The process for the evaluation and selection process
is summarized in the following chart.
Evaluation
Phase
1
2
Description
RFP Responsiveness. RFPs will be evaluated by the independent evaluators for
complete adherence to the RFP requirements. Proposals that do not contain the
required forms, documentation, and elements required by the RFP will be
determined to be non-responsive and will not be eligible for further
consideration in the evaluation process. Bidders with non-responsive proposals
will be notified by letter outlining the reasons for their proposal's ineligibility.
Review of Response Proposals. Proposals that are deemed responsive to the
requirements of the RFP will advance to the second phase of the evaluation
process. The independent evaluators will review and score each response using
standardized evaluation forms. An average score of 70 is required in order to
advance to the selection phase.
Description
Selection Phase
1
2
3
WFSC Executive Management Recommendation.
The independent
evaluators will present to the Board executive management team all scored
responsive proposals.
Board Executive Management Team Recommendation. The Board executive
team will present to the Board Executive Committee all responsive proposals as
reviewed and scored by the independent evaluators.
Board Executive Committee Recommendation. The Board Executive
Committee will recommend to the full Board of Directors the selection of the
proposal that in the opinion of the committee is the most advantageous to
Workforce Solutions Cameron, with price and other factors considered.
2. Minimum Standards: A proposal must meet the following initial requirements to be
considered for further review. The proposal must:

Be received by the deadline

Be submitted in the required format

Contain all required elements as stipulated in Part III Sections A and B
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
Not contain any evidence of real or apparent conflict of interest
3. Criteria
Point values are assigned to each of the following criteria used in reviewing proposals.

Professional Experience/Capacity
30%

Proposed Management
25%

Collaboration/Coordination
15%

Fiscal Capacity
30%

HUB
5%
Professional Experience/Capacity
All proposals will be reviewed for the bidder’s demonstration of a track record of successful
performance in managing a broad-based, human service agency or brokerage system for the
provision of child care or related human service activities. The likelihood of meeting overall
goals for quality of service, performance and ability to adapt to increased needs for
expansion of quality child care will be considered. Points will also be awarded for the
relevant experience and qualifications of key child care services personnel, competency in
dealing with highly automated systems, and the financial and technical resources necessary
to maintain administrative and fiscal accountability.
Proposed Management
All proposals will be reviewed for the planned approach to the operation of the Child Care
Services Program, inclusive of a management philosophy that incorporates self-evaluation
and continuous process improvement, and provides adequate administrative/monitoring
systems to ensure program success. Areas reviewed will include day-to-day operations,
provider management, client services, financial management, automation, activities related to
promoting quality care, child care facility quality improvement programs and the transition
of services, if applicable. Items reviewed will include staffing levels, staff qualifications and
duties, and plans for staff training and development. All proposals will be reviewed for
specificity in description of services to be provided, completeness and clarity of responses,
consistency, and understanding of program goals.
Collaboration/Coordination
All proposals will be reviewed for plans to collaborate and coordinate child care services in
Cameron County. This will include coordination and integration of services other state and
local entities.
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Fiscal Capacity
All proposals will be reviewed for overall reasonableness of cost, the efficient use of funds,
and the competitiveness of costs. Clarity in identifying and explaining costs is very
important. The proposal will be reviewed for evidence of the bidder’s ability to account for
all funds.
Office equipment, furniture, and electronic connectivity are in place. However, all facility
and equipment rental and maintenance costs are allocated on a pro rata basis to the
contractor. These costs are paid at the Board level and do not need to be budgeted by the
Contractor.
Historically Underutilized Business (HUB)
Historically Underutilized Businesses (HUB's) must include the HUB certification number and
the certifying agency on the cover sheet, and attach a copy of the notice of certification.
4. Pre-Award Review: WFSC will conduct a pre-award review of the selected candidate(s)
prior to contract execution to ensure that the individual and/or organization being considered
for funding meets all federal/state/local requirements. The pre-award review will include a
verification of the individual/organizations’ professional experience, references, fiscal
integrity and financial status.
Q. DEBRIEFINGS AND APPEALS
Workforce Solutions Cameron is the responsible authority for handling complaints or protests
regarding the procurement and proposal selection process. This includes, but is not limited to
disputes, claims, protests of selection or non-selection for award, or other matters of a
contractual or procurement nature. Matters concerning violations of law shall be referred to
such authority as may have proper jurisdiction. All proposers will be notified in writing of
the final results of the procurement process within ten (10) working days following the final
decision of the board.
1. Requests for Debriefing – Respondents not filing an appeal or protest who desire a
debriefing must submit a written request within ten (10) working days of the receipt of the
Board’s notification of the procurement decision. In the debriefing the respondent will
obtain information on the procurement process, including the proposal evaluation process.
The debriefing is an educational opportunity for proposers, which hopefully will help them
to improve the quality of any future proposals.
2. Notice of Appeal – Proposers not selected through this procurement process may appeal
the decision of the Board in accordance with the Board's Appeals Process (See Attachment
K).
R. GOVERNING PROVISIONS AND LIMITATIONS
1. The purpose of this RFP is to ensure uniform information in the solicitation of proposals of
Child Care Services for WFSC. This RFP is not to be construed as a purchase agreement or
contract, or as a commitment of any kind, nor does it commit WFSC to pay for costs incurred
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in the preparation of a response, or any other costs incurred prior to the execution of a formal
contract, unless such costs are specifically authorized in writing by WFSC.
2. WFSC reserves the right to accept or reject any or all proposals received, to cancel and/or
reissue this RFP in part or its entirety.
3. WFSC reserves the right to correct any error(s) and/or make changes to this solicitation as it
deems necessary. It will provide notifications of such changes on our website
www.wfscameron.org.
4. WFSC reserves the right to waive any defects in this procurement process or to make
changes to this solicitation as it deems necessary. The Board will provide notifications of
such changes on our website www.wfscameron.org.
5. WFSC reserves the right to negotiate the final terms of any and all contracts or agreements
with proposers selected and any such terms negotiated as a result of this RFP may be
renegotiated and /or amended in order to successfully meet the needs of WFSC.
6. WFSC reserves the right to enter negotiations with multiple vendors. If the parties are unable
to reach agreement on terms and conditions of proposed services the Board reserves the right
to negate all discussion with the selected proposer and enter or finalize negotiations with
other vendors.
7. WFSC reserves the right to contact any individual, agency, employer, or grantee listed in a
proposal, and to contact others who may have experience and/or knowledge of the proposers’
relevant performance and/or qualification; and to request additional information from any
and all proposers.
8. WFSC also reserves the right to conduct a review of records, systems, procedures, etc. of any
entity selected for funding. This may occur prior to, or subsequent to the award of a contract
or agreement. Misrepresentation of the proposer’s ability to perform as stated in the
proposal(s) may result in cancellation of any contract awarded. WFSC reserves the right to
conduct these reviews without prior notice.
9. WFSC reserves the right to withdraw or reduce the amount of an award or to cancel any
contract or agreement resulting from this procurement if adequate funding is not received.
10. Proposers shall not, under penalty of law, offer or provide any gratuities, favors, or anything
of monetary value to any board officer, member, staff employee, or agent of WFSC, for the
purpose of having an influencing effect toward their own proposal or any other proposal
submitted hereunder.
11. No staff employee, board officer, member, or agent of WFSC shall participate in the
selection, award or administration of a contract supported by federal funds if a conflict of
interest, real or apparent, would be involved.
12. Proposers shall not engage in any activity, which will restrict or eliminate competition.
Violation of this provision may cause a proposer to be disqualified. This does not preclude
joint ventures or subcontracts.
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13. All proposals submitted must be an original work product of the proposers. The copying,
paraphrasing or otherwise using of substantial portions of the work product of others and
submitted hereunder as original work of the proposer is not permitted. Failure to adhere to
this instruction may cause the proposal(s) to be disqualified and rejected.
14. The contents of a successful proposal may become a contractual obligation if selected for
award of a contract. Failure of the proposer to accept this obligation may result in
cancellation of the award. No plea of error or mistake shall be available to successful
proposer(s) as a basis for release of proposed services at stated price/cost. Any damages
accruing to WFSC as a result of the proposer’s failure to contract may be recovered from the
proposer.
15. A contract with the selected provider may be withheld at WFSC 's sole discretion if issues of
contract or federal and/or state compliance, or questioned/disallowed costs exist, until such
issues are satisfactorily resolved. Award of contract may be withdrawn if resolution is not
satisfactory to WFSC.
S. ADMINISTRATIVE REQUIREMENT AND PROCEDURES
1. Employees of a contractor are subject to the exclusive control and supervision of the
contractor. Contractor is solely responsible for the oversight, management, supervision,
hiring, discipline, termination, training, evaluation, etc. for its employees.
2. Contractors must have a single audit performed annually by an independent auditor in
accordance with the requirements set forth in the TWC Financial Manual for Grants and
Contracts. A copy of the audit, including management letter, must be submitted w i t h
t h e r e s p o n s e t o t h i s R F P . W F S C reserves the right to conduct or cause to be
conducted an independent audit of all funds received under a contract issued by the
Board, not-withstanding the afore-mentioned requirement. Such audits will be
conducted in accordance with applicable laws, rules, regulations, and established
professional standards and practices.
3. Contractor must agree to comply with all rules, policies, directives and plans issued by
the WFSC and the Texas Workforce Commission.
4. Contractor shall be responsible for ensuring compliance with all applicable laws, rules,
regulations, policies, and directives governing the programs identified under this RFP.
5. All contractors are subject to compliance monitoring (fiscal and program). At any time
during normal business hours, and as often as deemed necessary, staff of WFSC,
TWC, the U.S. Department of Labor, other State and Federal agencies, or their duly
authorized representatives shall have complete access to any and all records or papers
that are related to a contract resulting from this RFP for the purpose of verifying
performance and compliance with contractual terms and conditions, applicable laws, rules,
regulations, and policies.
6. Contractors
must provide timely reports or information on clients, finances,
performance, and program operations as may be requested or required by WFSC.
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7. Contractors will be responsible for maintaining the physical appearance and condition of
t h e c h i l d c a r e s e r v i c e s equipment and furnishings.
8. Contractors shall be responsible for meeting or exceeding all assigned state, federal
and local performance measures associated with programs that are part of this RFP
and any resulting contract. Contractors shall also be responsible for any changes in
performance measures that may occur during the contract period.
9. Contractors will be required to prepare and maintain participant and financial
records in accordance with policies and instructions issued by WFSC. All records from
a program and/or contract year must be retained as stipulated by the Financial Manual for
Grants and Contracts (FMGC). Contractor must receive written authorization from the
Board for the disposition of records.
10. Contractors will be required to maintain a case file for each participant in accordance
with standards established by WFSC. Such files are considered the property of WFSC and
must be turned over to WFSC upon request or upon the end of the contract.
11. Contractors will be required to utilize TWIST, CCAA, and any other automated
management information system as may be required by TWC and/or WFSC in accordance
with policies and manuals issued by WFSC and/or the Texas Workforce Commission.
Contractors will be responsible for ensuring the integrity of all data, records and
reports. Contractor must ensure that all data is entered in a timely and accurate manner.
12. Contractors will be expected to fully cooperate with WFSC in planning and
implementing any changes to the service delivery system, including changes in the number,
type and/or configuration of facilities as deemed necessary and appropriate by WFSC.
13. Contractors will be expected to fully cooperate with WFSC in the development and
implementation of partnerships and collaborations with other community
organizations to maximize resources and services for the benefit of C C S customers.
This includes any Memoranda of Understanding (MOU) or other agreement as may be
entered into by WFSC. This does not preclude the contractor from initiating such
partnerships on their own.
14. Contractors must ensure that Workforce Centers are open to the public, at a minimum
of Monday through Friday, from 8:00 a.m. to 5:00 p.m. (CST), except for
authorized holidays or other authorized closures, and at such other times WFSC the
Board deems necessary to meet local need for services. WFSC may require all or
specific centers to maintain extended hours of operation, including weekends. Proposers
may propose additional/extended service hours.
15. Any and all purchases/procurements of goods and services by a contractor with funds
received under a contract issued by WFSC must comply with all applicable federal, state
and local laws, rules, regulations, and policies, including the requirements specified in the
TWC FMGC.
16. The Contractor must ensure that centers are adequately staffed at all times during the
duration of the contract to provide required services and activities as specified in this RFP.
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17. Contractors may not charge customers eligible for t h e c h i l d c a r e s e r v i c e s
p rogram a fee for any service.
18. Indirect Rates or Management Fees must meet the requirements specified in the TWC
FMGC. Rates and fees must be supported by appropriate documentation. Indirect rates
must be approved by a cognizant agency. Indirect cost rates or management fees
charged to a contract will be negotiated.
19. Profit (in the case of for-profit entities only) or a performance bonus (for non-profit
entities) is an allowable cost. Profit or performance bonus will be negotiated.
20. Proof of insurance is not a requirement for the submission of a proposal, but selected
proposers will be required to obtain all insurances specified in this RFP and provide the
Board with proper certificates or policies prior to commencing work under a contract
resulting from this RFP. Workforce Solutions Cameron and its Board of Directors must
be listed as an additional insured on each policy.
The following types and amounts of bonding and insurance shall be required of the
Contractor:
(a) Errors and Omissions - One million dollars ($1,000,000) occurrence/2,000,000
aggregate.
(b) Commercial General Liability - Two million ($2,000,000) aggregate and one million
($1,000,000) per occurrence.
(c) Automotive Liability - One million ($1,000,000) bodily injury and property damage
combined single limit including owned, hired & non-owned or any auto
(d) Fidelity Bonding - Three hundred ($300,000)
(e) Umbrella Insurance - One million ($1,000,000) aggregate and one million
($1,000,000) per occurrence.
(f) Abuse and Molestation $1,000,000 occurrence/$2,000,000 aggregate
Workers Compensation – Worker’s Compensation insurance on all of Contractor’s
employees m u s t comply with all provisions of the Texas Worker’s Compensation Act.
If self-insured, the Contractor must warrant that it will maintain coverage sufficient to
cover any liability as specified above. If the Contractor is a State agency and is selfinsured, then the Contractor must be able to pay any obligation that it incurs from
performance under a Contract resulting from this RFP.
21. Contractors must conduct all programs and services in accordance with the provisions
of the following laws:

Titles VI and VII of the Civil Rights Act of 1964, as amended;

Section 504 of the Rehabilitation Act of 1973, as amended;
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
Title IX of the Education Amendments of 1972, as amended;

The age Discrimination Act of 1975; as amended;

Americans with Disabilities Act of 1990, as amended;

Non-Traditional Employment for Women Act of 1991, as amended;

Workforce Innovation and Opportunity Act (WIOA); and

All applicable rules and regulations issued under these laws. Contractors shall not
deny the benefits of any program, activity or service to any person, and are
prohibited from discriminating against any employee or applicant for employment
on the basis of race, color, national origin, sex, sexual preference, religion, age,
physical or mental disability, temporary medical condition, political affiliation,
belief or any other characteristic covered by state or federal law.
T. TRANSITION PLANNING
Proposers must include a Transition Plan in their proposal with all activities being completed by
September 30, 2015. WFSC requires that any entity awarded a contract resulting from this RFP:

Give first consideration for employment to current employees of the incumbent child
care services contractor who may be displaced as a result of this procurement;

Provide for open enrollment into insurance/benefits for staff transitioned from the
previous contractor with coverage available on the first day of employment (October 1,
2015); and

Contractor will accept rollover of accrued, unused annual leave time as allowed
under the previous contractor’s policies for transitioned staff, not to exceed 40 hours.

Contractor shall accept full leave sick balances of transitioned staff.
U. FUNDING
Funding for all activities and services is contingent upon the receipt of sufficient program
funds.
PART III PROPOSAL SUBMISSION
A. GENERAL INSTRUCTIONS
1. Responsiveness: Proposers that fail to follow the requirements set forth in A and B of this
section may be considered non-responsive. The Board reserves the right to reject any or all
proposals at their sole discretion.
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2. Format: Proposals must be typed in no smaller than 12 pt. font, single spaced, and must be
submitted on 8 ½ by 11 inch plain white paper. Each page of the proposal, with the exception
of the cover sheet, should be numbered as “page __ of __” with the name of the bidder on
each page. The order of submission is provided below in Section B.
3. Page Limit: The proposal narrative submitted must not exceed 50 pages, excluding the
required attachments. Pages in excess of the 50 page limit will not be reviewed.
4. Number of copies: One complete original, with executed certificates (i.e. original signatures
of authorized signatory), plus five (5) exact copies must be submitted for a total of six (6)
copies. Any proposal lacking sufficient copies may be considered non-responsive.
Completeness of all copies is the sole responsibility of the proposer.
5. Contact Information: Proposers will be required to provide contact information for the
individual(s) who can respond to questions regarding the proposal. The contact person should
be the individual(s) who are knowledgeable of the proposal and who are authorized to
provide information on behalf of the proposer.
6. Proposal Narrative: All information required to develop the proposal narrative is contained in
Attachment A of this RFP.
7. Proposal Labeling and Submission: Proposals must be addressed and externally labeled as
follows:
Attn: Pat Hobbs, Executive Director
Workforce Solutions Cameron
Child Care Services RFP
851 Old Alice Rd.
Brownsville, Texas, 78520
Proposals are due no later than May 15, 2015 at 5:00 PM (CST). No proposals will be accepted
after this deadline.
B. SUBMISSION ORDER
The proposal must be submitted with all required elements and assembled in the following order:

Proposal Cover Sheet

Table of Contents

Executive Summary

Attachment A - Proposal Narrative
Professional Experience/Capacity
Proposed Management
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Collaboration/Coordination
Fiscal Capacity

Attachment B - Budget Forms
Budget Form B.1 – Proposed Line Item Budget
Budget Form B.2 – Budget Narrative
Budget Form B.3 – Salary Allocation Plan

Attachment C Fiscal Management Systems Survey

Attachment D Administrative Management Survey

Attachment E Certification of Bidder

Attachment F Certificate Regarding Debarment

Attachment G Certificate Regarding Drug-Free Workplace

Attachment H Certificate Regarding Lobbying

Attachment I Certificate Regarding Conflict of Interest

Attachment J Texas Corporate Franchise Tax
EXHIBITS

Exhibit A
Staff minimum Qualifications, Job Descriptions and Resumes

Exhibit B
Risk Assessments, Monitoring Reports and Associated Correspondence

Exhibit C
Audit reports and Management Letters

Exhibit D
Cost Allocation Plan

Exhibit E
Indirect Cost Rate and Cognizant Agency Letter or Proposed Management
Fee Detailed Line Item Budget

Exhibit F
Proof of Incorporation or Organizational Status

Exhibit G
IRS Form 990 (non-profit proposers only)

Exhibit H
Copies of Texas CCS Contracts

Exhibit I
Copies of Non Texas CCS Contracts
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C. PROPOSAL COVER SHEET
Complete all items on the proposal cover sheet. Indicate a signatory authority with legal
authority to negotiate and sign a contract on behalf of the proposing entity. This person must
also sign all required certification forms.
Proposers who are certified as a Historically Under-utilized Business (HUB) should
indicate the certification number on the cover sheet and attach a copy of the notice of the
current certification.
D. TABLE OF CONTENTS
Proposal responses must have a table of contents that lists each item of the proposal,
including attachments, with corresponding page numbers. All items must be in the specified
order detailed above.
E. EXECUTIVE SUMMARY
Provide a brief summary (5 pages maximum) of proposal, to include:
1) organizational history and structure; unique qualifications and experience;
2) overall approach and philosophy to managing and operating child care services;
3) managing for results;
4) working relationship/following direction provided by the local Board and staff; and
5) any unique or innovative aspects of your proposal.
Describe what extra benefit or value-add your organization would bring to the Board – what
is it that separates you from other proposers?
F. PROPOSAL NARRATIVE
Proposals should be developed using the guidelines provided In Attachment A. Proposals will be
reviewed for completeness and clarity of the response, demonstrated knowledge of requested
services and applicable program laws, rules and requirements. Page limit is 50 pages, excluding
attachments.
PART IV BUDGET
The proposed budget must support the proposal narrative and include only those costs related
to the operation and management of the Child Cares Services program. All costs must be
necessary, reasonable, allowable, and allocable under a federal or state award and meet the
general allowable criteria established by the Office of Management and Budget Circulars
and/or the Uniform Grant Management Standards, as applicable. Please refer to the TWC
Financial Manual for Grants and Contracts for detailed information. If successful, the
proposed budget will serve as a basis for contract negotiations.
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A. LIMITATIONS

Indirect Costs or Management Fees – Proposed rate will be subject to negotiation.

Profit (for-profit entities only) or Performance Incentive Bonus (non-profit entities) –
Proposed rate will be subject to negotiation.
B. BUDGET FORMS
The following required budget forms are provided in Attachment B - Budget Forms. Excel
versions will be provided upon request.
Budget Form B.1 – Proposed Line Item Budget
Budget Form B.2 – Budget Narrative
Budget Form B.3 – Salary Allocation Plan
C. INSTRUCTIONS FOR COMPLETING BUDGET FORMS
The proposed budget should represent a 12 month projection of expenses. Approximate funding
level: $11,092,900 (see Part II Section G for breakout of allocation). Approximate performance
target: 3,639 Units of Care.
1. Budget Form B.1 - Proposed Line-Item Budget Based Upon Assumed Funding Levels –
Prepare the line-item budget to present your best estimates of the costs to operate and
manage the Child Care Services program.
a) Personnel Costs – include wages/salaries, fringe benefits, travel costs, and other
costs of all regular staff positions as described in the proposal narrative.

Salaries – include wages/salaries for all project personnel consistent with
the proposal narrative.

Fringe Benefits – the cost of all fringe benefits (medical insurances, FICA, U.I.,
Workers’ Comp, retirement, etc.) associated with all project personnel.

Staff Travel – all costs such as mileage reimbursement, per diem, lodging,
transportation, etc. Travel costs must comply with state travel reimbursement
rates.

Staff Training – costs associated with conference registration fees, workshop
or seminar fees, and reimbursable employee training and education costs
(i.e. tuition/fees as allowed by personnel policies).

Temporary Staffing – costs associated with any temporary staffing.

Other – other personnel costs not included in any of the line-items above.
Such costs must be individually listed and explained in the Budget Narrative.
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b) Non-Personnel Costs – including supplies, postage, printing, membership
dues, publications, advertising (public notices only), phones, insurance, etc.

Supplies/Materials – cost of all consumable office supplies and materials used by
project staff.

Printing/Reproduction – costs associated with any outside printing, binding or
reproduction of materials.

Advertising – costs associated with advertising job vacancies, procurements,
legal or public notices.

Memberships/Dues/Subscriptions – fees and dues associated with membership
in professional organizations and the costs for any subscriptions (e.g.
newspapers). The cost of membership in an organization substantially engaged
in lobbying is unallowable.

Postage/Shipping – costs of postage, shipping and courier services.

Telephone/Communications – cost of cell phones, pagers and other personal
communication devices. Phone and data systems are provided for all
Workforce Centers by the Board.

Insurance – costs of all required insurances: general liability, fidelity bonding,
crime, etc.

Equipment Lease/Rental – cost of any leased or rented equipment. Such
costs must be individually listed and explained in the Budget Narrative.

Other – any other non-personnel costs not already included in the above lineitems. Such costs must be individually listed and explained in the Budget
Narrative.
c) Contractual Services – includes other contractual professional services.

Accounting/Bookkeeping – expenses related to any outside accounting or
bookkeeping services.

Audit Services – expenses related to annual audit, including the cost of
preparing IRS Form 990, if applicable.

Legal Services – expenses related to outside legal services.

Consulting Services – expenses related to professional consulting services.

Other Professional Services – fees and expenses related to security,
technology, or training
services rendered by persons who are not owners,
officers, or employees of the organization.
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d) Indirect Costs – indirect costs are allowable only if the proposer is an entity with an
approved indirect costs plan/rate. If indirect costs are requested, a copy of your
approved indirect cost plan and/or cognizant agency letter approving the indirect cost
rate is required. A proposer may not charge both Indirect and a Management Fee.
e) Management Fee –Itemize elements in the management fee. Bidder may not charge
both Indirect and a Management Fee.
f) Profit/Incentive Bonus – profit is an allowable line-item only if the proposer is a
for-profit entity. An incentive bonus is an allowable line-item only if the proposer is
a non-profit entity. All profit/incentive bonus is negotiable.
g) Direct Child Care Services – includes costs associated with the provision of child
care services to eligible individuals.
h) Matching/In-Kind Provided – Use to report any matching or in-kind to be provided.
Such costs should be individually listed and explained in the Budget Narrative.
2. Budget Form B.2 – Budget Narrative – Explain the purpose of each line-item in the
proposed Line-Item Budget and provide a breakout showing the exact amount of each
cost item and how it was calculated. Such information is necessary for the Board to
determine if budgeted costs meet its standards of “reasonable, necessary, allowable, and
allocable”. For each item, explain the purpose of the expense as it relates to the
proposed activities. For example, if costs of Staff Travel/Per Diem are included, an
explanation should include staff positions involved, purpose of travel, and method of
computing expense.
3. Budget Form B.3 – Salary Allocation Plan – Provide sufficient back-up for “Salaries”
under Personnel Costs in the Line-Item Budget. List, by title, all positions
necessary for the operation and management of the Child Care System program.
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PART V
ATTACHMENTS & EXHIBITS
Attachment A Proposal Narrative
Attachment A.1 – Proposal Cover Sheet
Attachment A.2 – Proposal Narrative
Attachment B Budget Forms
Budget Form B.1 - Proposed Line Item Budget
Budget Form B.2 - Budget Narrative
Budget Form B.3 - Salary Allocation Plan
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Fiscal Management Systems Survey
Administrative Management Survey
Certification of Bidder
Certificate Regarding Debarment
Certificate Regarding Drug-Free Workplace
Certificate Regarding Lobbying
Certificate Regarding Conflict of Interest
Texas Corporate Franchise Tax
Board Appeals Procedures
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Staff minimum Qualifications, Job Descriptions and Resumes
Risk Assessments, Monitoring Reports and Associated Correspondence
Audit Reports and Management Letters
Cost Allocation Plan
Indirect Cost Rate and Cognizant Agency Letter or Proposed Management Fee
Detailed Line Item Budget
Proof of Incorporation or Organizational status
IRS Form 990 (non-profit proposers only)
Copies of Texas CCS Contracts
Copies of Non Texas CCS Contracts
Exhibit F
Exhibit G
Exhibit H
Exhibit I
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ATTACHMENT A - PROPOSAL NARRATIVE
Attachment A.1 – Proposal Cover Sheet
Attachment A.2 – Proposal Narrative
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ATTACHMENT A.1
CHILDCARE SYSTEM PROPOSAL COVER SHEET
Name of Proposing Entity
Legal Name of Parent Company
Name and Title of Parent Company CEO
Name and Title of Authorized Signatory Official,
if different from CEO
Mailing Address and Physical Address, if different
Phone Number
Fax Number
Website Address
Name and Title of Proposal Liaison
Phone Number of Proposal Liaison
Fax Number for Proposal Liaison
E-mail Address for Proposal Liaison
( ) Unit of government
( ) Public
( ) Private
( ) For Profit
( ) Not for Profit
( ) Corporation
( ) Partnership
( ) Sole Ownership
( ) Other
Legal/Tax Status
(check all that apply)
State Comptroller ID Number
Federal Tax ID Number
( ) Yes (if yes, attach certificate)
( ) No
Historically Underutilized Business?
Total Proposed Costs
Date of submission
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ATTACHMENT A.2
PROFESSIONAL EXPERIENCE/CAPACITY
I.
Describe the bidder’s organization as follows:
a) Provide a brief history of your organization; include year established, location of
home/corporate office, locations of any regional offices, number of employees, lines
of business, etc. Attach proof of incorporation or agency status (Exhibit F).

If you are submitting a proposal as a partnership, consortium or joint venture,
describe the roles and responsibilities of each party and identify the lead entity.
A copy of the partnership, consortium or joint venture agreement must be included
in the proposal as an attachment.

If you are submitting a proposal using a Managing Director/PEO Model a
copy of the agreement between the Managing Director and the Professional
Employer Organization (PEO) or staffing agency must be included in the proposal
as an attachment.
b) Describe the oversight role of your organization (upper management).
c) Describe your proposed organizational structure for the management of the Child Care
Services (CCS) program. Include an organizational chart for: 1) the entire
organization (upper management only) and 2) local project staff. Include lines of
authority and responsibility. Include a description of how management, local and at the
corporate level, will communicate and coordinate with Board staff.
d) Provide job descriptions for all key staff directly related to the management,
operation and administration of the Child Care Services program that will be charged
to a Board contract. List the minimum qualifications for each position. If you currently
have staff for these positions, attach a resume for each and indicate which position that
staff will be assigned (Provide copies in Exhibit A).
e) Describe your succession plan, process and strategy for ensuring that the loss
of key management and/or operational staff does not result in failure to perform a
key function.
f) Describe how your organization will assess talent, evaluate staff performance, maintain
staff accountability, and provide staff training and development opportunities.
g) Describe in detail your self-monitoring systems.
h) Describe how goals, performance targets, policies, procedures, directives, and other
information are communicated to staff throughout your organization.
i) Provide an example of how your organization has brought about improvement to
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performance and/or customer service under one of your current or previous Child Care
Services contracts.
j) Describe how you will assess capacity needs, including how you will use technology
and/or deploy corporate resources to accomplish work.
k) Describe your knowledge and experience as a Child Care Services contractor,
operating each of these components: client services, provider management, and
financial management.
Describe the organization’s experience and capabilities in managing broad-based human
service programs. Include experience in managing the following:
II.
III.
a.
Financial management of multiple programs, multiple budgets and fund codes.
b.
Client eligibility determination.
c.
Payments to sub-contractors (child care providers) in a timely manner.
d.
Monitoring for quality assurance and compliance of sub-contractors (child care
providers).
e.
Provider management services to include recruitment and improvement.
f.
Monitoring of the Child Care Attendance Automation.
Describe your organization’s experience in using quality principles and implementing a
customer focus in your management systems.
IV. Describe your organization’s specific experience administering Child Care Services
programs as follows:
a) Provide a list of all CCS contracts in Texas (current and for the past three (3) years) in
Exhibit H. For each contract, provide the following:

Name of Board area

Date(s) of contract(s)

Programs included under the contracts

Amount of contract funds and percent of contract funds expended

Performance outcomes for all contracted measures (target and actual)
b) Provide a list of all other (non-Texas board) CCS contracts (current and for the past
three (3) years) in Exhibit I. For each contract, provide the following:

Name of Contracting entity – contact person, mailing address, phone number,
and e-mail.
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
Date(s) of contract(s)

Programs included under the contract(s)

Amount of contract and percent of contract
funds expended

Contracted performance outcomes/results
c) Provide copi es of annual C C S monitoring reports from for the past two (2) years.
Include associated transmittal letters, other monitoring related correspondence, and audit
resolution letters from the funding agency(ies). Disclose any findings, exceptions,
questioned costs, or disallowed costs. Provide information as to the resolution of each
finding or questioned/disallowed cost. Provide these documents in Exhibit B.
d) Provide copies of the last two (2) annual risk assessments conducted on your organization
by outside monitoring entities on financial operations and your CCS program operations.
Provide copies in Exhibit B.
e) Are you currently, or within the past two (2) years, been under any form of sanction
related to the CCS program? If so, describe the basis for the sanction duration, and
actions taken to alleviate the sanction.
f) Are you currently, or within the last two (2) years operated under any form of corrective
action, technical assistance or performance improvement plan related to the CCS
program? If so, for what purpose/measure and what is/was your progress?
g) Identify any CCS contracts i n the past two (2) years that you have terminated early or
not renewed. Specify the reason(s) for the early termination or lack of renewal.
h) Has your organization been involved in any litigation involving a CCS contract with a
local workforce board? If so, describe the circumstances, including resolution or current
status.
PROPOSED MANAGEMENT
I. Describe your approach for the administration and operation of CCS functions and
components including:
a.
Optimal staffing of child care program;
b.
Process for cross-training staff;
c.
Process for the fast, efficient dissemination of information to staff;
d.
Process for fast, efficient use of sudden, large increases in client funding; including the
description of how clients will be contacted, placements made and how the vendor base
will be increased;
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e.
Process for hiring staff, evaluating staff performance, training and on-going staff
development;
f.
Process for implementing continuous improvement management techniques and
practices to achieve high levels of efficiency and effectiveness;
g.
Process for monitoring compliance with all applicable laws and regulations and
instituting quality control measures and measuring program operations and quality of
service;
h.
Describe your CCS performance/data analysis processes. Provide an example of
how you have used data analysis to improve performance;
i.
If your performance drops or isn’t satisfactory, describe how it will be addressed and
what actions will be taken for immediate improvement;
j.
How will you ensure the accuracy, integrity, security and timeliness of data entry
for customer data and information?
k.
Provide any additional relevant information that serves to demonstrate your
organization’s experience and effectiveness administering CCS programs; and
l.
Role of the corporate office.
II.
Client Services and Operation
CCS client service tasks include interviewing applicants, determining and documenting client
eligibility, verifying information, and notifying the applicant of the availability of subsidized
child care. CCS client services tasks also include managing waiting lists of eligible children
awaiting the availability of funding or waiting for space available at a preferred CCS provider
site, authorizing child care for eligible families, and giving parents information that will help
them choose child care arrangements that meet their needs. Timely data entry is a must upon
enrollment. Other tasks include explaining self-arranged child care to eligible parents and
authorizing self-arranged child care with eligible providers.
Describe your organization’s plan for providing services to clients:
a.
Process for how client services will be provided when the current provider base does
not meet the needs of a client;
b.
Strategies for providing eligibility determination in a location remote from the client;
c.
Describe outreach strategies to be implemented to ensure all performance benchmarks
are met;
d.
Strategies for providing clients with information on how to choose quality child care;
e.
Strategies to ensure that clients are provided with sufficient information to make an
informed decision in choosing between the different types of available child care as
well as the appropriate vendor for their child;
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f.
Strategies to ensure eligibility determination, referral, and enrollment are conducted
according to policies and procedures.
g.
Methods to be employed for the planning and coordination of services to children with
special needs.
h.
Strategies that will be used to track the retention of clients receiving child care services,
as well as the reasons children leave care;
i.
Describe process for managing a "wait list";
j.
Process for evaluating the client services operation;
k.
What process will you use to ensure frontline staff manage their individual
performance and caseloads?
l.
Describe your complaint management process. How do you propose to use customer
complaints? and
m.
Process for management of client vendor and provider appeals in compliance with
applicable TWC Rules.
III.
Provider Management
Provider Management is the responsibility for the management of the current vendors,
recruitment of CCS providers, provider status and maintenance or improvement of the CCS
provider’s child care programs, and monitoring and evaluating the provider’s compliance with
program participation requirements, and technical assistance. Child care is provided by child care
providers who have a provider agreement with the CCS or eligible self-arranged child care
providers who do not have a provider agreement and are not CCS providers. Describe your
provider management system to include but not be limited to:
a.
Process for arranging and coordinating services to children with special needs and
establishing and staffing an inclusive team;
b.
Monitoring vendors for compliance with CCS rules, policy and the Child Care
Automation System;
c.
Monitoring policy and procedures must demonstrate quality assurance, fraud
prevention and must include a resolution process;
d.
Recruitment of eligible CCS providers for child care services;
e.
Selection of eligible CCS providers for child care services;
f.
Maintenance of CCS providers for child care services;
g.
Ensuring that providers with agreements have signed, understand and are in compliance
with the terms of the CCS Provider Agreement;
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h.
Procedures for non-compliance with terms of the CCS Provider Agreement;
i.
Ensuring every provider of child care services being reimbursed by CCS funding meets
applicable state and federal child care health and safety standards;
j.
Ensure availability of child care providers to meet the needs of parents, caregivers, and
children in the Board area;
k.
Increase recruitment of child care providers in the rural areas of Cameron County; and
l.
Process for continuous improvement.
IV. Transition Plan
The successful bidder must demonstrate the capacity to quickly transition their organization in
the management of the child care system.
Discuss your organization’s transition plan including, but not limited to the following:
a.
Staff responsible for the transition and their qualifications;
b.
Continuity of client services;
c.
Continuity of providers’ services;
d.
Payment to providers and relative provider;
e.
Recruitment of new staff and negotiating salaries and benefits;
f.
Plans for the transfer of client and vendor records; and
g.
Plans for notifying clients, providers, TDPRS Child Care Licensing, the local DHS
office, school districts and other community organizations about changes in CCS
Contractor.
COLLABORATION / COORDINATION
a.
Describe your organization’s plan to serve as a source of information on child care
issues to the community.
b.
Describe how your organization will promote coordination and cooperation among the
many social service agencies that are interested in child care for their low income
clients.
c.
Describe your proposed collaboration with WFSC's workforce centers and satellite
offices.
d.
Discuss your coordination strategies for expansion of dependent care capacity and
improvement of the quality of child care in the region.
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e.
Discuss your plan to collaborate with WFSC's workforce centers to reduce costs and
enhance the responsiveness of child care staff.
FISCAL CAPACITY
I.
Financial Management
The CCS contractor will be responsible for the financial management services of the providers,
Relative Care, parent fees, and client and operational services.
Please provide the following information:
a.
Provide overview of your fiscal system demonstrating your capabilities to meet the
required financial responsibilities.
b.
Strategies for how the contractor shall process claims from the CCS providers and
parents of children in relative care. Payment for relative care will be made directly to
the provider.
c.
The system to document and properly allocate total allowable CCS operations expenses
monthly.
d.
Process to submit claims to the Board for the Board’s share of CCS operations
expenses in a format prescribed and/or approved by the Board for each month in the
budget period; this applies to each claim for reimbursement.
e.
Process to account for the collection and distribution to the provider of parent fees.
f.
Capacity for negotiating and utilizing additional allocated funds received by the Board
for financial management.
g.
Procedure for managing adjustments.
h.
Process to ensure that hearings and appeals adhere to WFSC and TWC established
guidelines.
i.
Process for the development and tracking of direct care funds utilization.
j.
Describe your monitoring policy and procedures showing quality assurance and fraud
prevention. Your monitoring policy and procedures must include frequency and the
responsibility for review.
II. Financial and Organizational Stability:
a.
Describe your organization’s financial management system, fiscal organizational
structures, cash management system, grant management system, financial capacity
and knowledge in accordance with GAAP. Identify the type of accounting software
used.
b.
Describe your organization’s internal fiscal monitoring systems and techniques used
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to measure budget vs. actual expenditures and to ensure that expenditures are accurate
and allowable.
c.
Describe how any disallowed costs and/or over-expenditures will be repaid. Include
any lines of credit, unrestricted cash, and unrestricted cash equivalents (asset with the
ability to be converted to cash within 90 days) that can be used to repay any
disallowed costs and/or over-expenditures. Will these funds be designated for any
other funding sources? If yes, please list details of the funding designation.
d.
Has the organization ever incurred an over-expenditure? If yes, explain the nature,
amount and resolution.
e.
Identify the proposer’s key staff that will be responsible for financial/accounting
functions, include a summary of each person’s qualifications and experience, including
any licenses held.
f.
Describe your procurement process and how it complies with the requirements
of the TWC Financial Manual for Grants and Contracts.
g.
Submit as an attachment a copy of your last three (3) audits and a copy of your
accompanying Management Letter for each audit. Provide as Exhibit C.
h.
Provide a copy of your most recent form 990 (non-profit proposers only) - Exhibit G.
i.
Describe your policies for subcontractor management. Please include: selection process,
type of contract, contract management, performance management, a description of
services that would be subcontracted and the estimated cost. If you do not subcontract
services, a statement to that affect should be included.
j.
Complete and include the Administrative Management Survey included as Attachment
D.
k.
Provide a copy of your cost allocation plan. Explain how the cost allocation
methodology will be applied in distributing costs among funding sources and cost
categories. Provide as Exhibit D.
l.
Provide a copy of your approved indirect cost plan and/or cognizant agency letter
approving an indirect cost rate. If proposing a management fee, provide a detailed
line item budget for said fee. Final indirect costs or management fees will negotiated.
Provide as Exhibit E.
m.
Proposer’s are encouraged to identify matching/in-kind funds or leveraged resources
that they can offer in support of Workforce Center operations. Describe any
matching/in-kind or leveraged resources to be offered and their estimated value.
n.
Complete the Financial Systems Survey included as Attachment C.
o.
Complete all assurances and certifications included as Attachments E through J. An
individual authorized to sign on behalf of the proposer must sign and date all forms.
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ATTACHMENT B - BUDGET FORMS
Budget Form B.1 – Proposed Line Item Budget
Budget Form B.2 – Budget Narrative
Budget Form B.3 – Salary Allocation Plan
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BUDGET FORM B.1 - Line Item Budget for the period
of October 1, 2015 to September 30, 2016
Approximate Funding Level: $11,092,900 (see Part II Section G for breakout
of allocation). Approximate performance target: 3,639 Units of Care.
Childcare
OPERATIONAL COSTS
Personnel Costs
Salaries
Fringe Benefits
Staff Travel
Staff Training
Temporary Staffing
Other Personnel Costs
Sub-Total Personnel Costs
$
-
$
-
$
-
Indirect Costs
Management Fees
Profit
Incentive Bonus
Total Operational Costs
$
-
Direct Childcare
Direct Childcare
Total Direct Childcare
Total Budget
$
$
-
Non-Personnel Costs
Supplies/Materials
Printing/Reproduction
Advertising
Memberships & Dues
Postage/Shipping
Insurance
Other Non Personnel Costs
Sub-Total Non-Personnel Costs
Contractual Costs
Audit Services
Consulting Services
Other Contractual Costs
Sub-Total Contractual Costs
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BUDGET FORM B.2 – Budget Narrative For the Period October 1, 2015 to
September 30, 2016
A. PERONNEL COSTS:
1. Salaries – Complete Budget Form B.3 - Salary Allocation Plan. The information
entered on Budget Form B.3 should be consistent with the proposal narrative and
the total salaries should match the amount entered on Attachment B.1 of the Line-Item
Budget.
2. Fringe Benefits – List all fringe benefits. Indicate organization's total fringe rate.
3. Staff Travel – Identify all travel costs (mileage reimbursement, per diem, lodging,
transportation, etc., in adherence to State of Texas travel policies). List in-state and
out-of-state travel costs separately. Justify all out-of-state travel.
4. Staff Training – Explain type and purpose of training and breakdown all related costs
(tuition, registration fees, trainer costs, etc.).
5. Temporary Staffing – Explain purpose of temporary staffing needs and identify
type(s) of positions.
6. Other Personnel Costs – Identify and explain any other personnel costs not
included in items Salaries and Fringe benefits.
B. NON-PERSONNEL COSTS:
1. Supplies/Materials – Consumable supplies and materials to be used by staff.
2. Printing/Reproduction – Identify printing/binding and reproduction items and costs.
3. Advertising – Advertising costs related to help wanted ads, legal notices, etc. only.
4. Memberships, Dues, Subscriptions – Identify all organizations fees and dues. List all
subscriptions.
5. Postage/Delivery/Shipping – Costs associated with postage, shipping (e.g. UPS,
FedEx), and courier services.
6. Insurance – List each type of insurance and costs separately. Explain how premiums
are allocated if costs are shared with non-workforce uses.
7. Other Non-Personnel Costs – List and explain all other non-personnel costs not
included in the specific cost items.
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C. CONTRACTUAL COSTS:
1. Audit Services – Provide estimated cost of annual audit.
2. Consulting Services – List each consulting service to be purchased. Provide an
explanation/reason for each service along with hourly/daily rates and any related costs.
3. Other Contractual Services – Identify and explain any other contractual costs not
already included or disclosed.
D. INDIRECT COSTS / MANGEMENT FEES Indirect is only available to for-profit
entities. Specify the rate used and describe the method of calculation used in deriving
the rate. You must submit a copy of your approved plan and/or cognizant agency
letter approving an indirect cost rate. Regardless of the approved rate, the final
indirect cost rate will be negotiated.
Management Fees are only available i n l i eu
o f i n d i r e c t c o st s . Identify the amount and include a detailed line item breakout of
the components of the fee. Indirect and/or Management Fees are negotiable and may
not be computed on Client Pass Through expenditures.
E. PROFIT / INCENTIVE BONUS Profit is available to only for-profit entities. The
Incentive Bonus is only available to non-profit entities. Indicate incentive amount,
together with the expected basis of qualifying for an incentive payment. Profit and/or
Incentive Bonuses are negotiable and may not be computed on Client Pass Through
expenditures.
F. MATCHING / IN-KIND FUNDS - If applicable, list and explain any in-kind
contributions that the proposing entity will bring to the project.
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BUDGET FORM B.3 - Salary Allocation Plan
For the period of October 1, 2015 to September 30, 2016
POSITION TITLE
Total
HOURLY
RATE
ANNUAL
SALARY
CHILDCARE
SALARY
PERCENT
ALLOCATION
$
-
$
-
46
OTHER (NON CHILDCARE)
SALARY
PERCENT
ALLOCATION
$
-
SOURCE OF
OTHER
FUNDING
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ATTACHMENT C - FISCAL MANAGEMENT SYSTEMS SURVEY
Answer the following questions regarding your fiscal management system. If selected for
award of a contract, some items listed below may be required to be provided during the pre-award
survey prior to the development of a contract with the Board. Answering a detailed
questionnaire may be required upon selection for award of a contract, and modifications to
systems may be required to meet regulatory requirements.
Answers are: Yes, No, or N/A (Not Applicable)
1.
Do you have a copy of the Workforce Investment Act Federal Regulations and
subsequent amendments?
2.
Do you have a copy of the Texas Workforce Commission Financial Management
Manual for Grants and Contracts?
3.
Do you have a copy of the Uniform Grants and Contract Management Standards?
4.
Does your accounting system provide you with adequate information to prepare a
monthly financial report? (Such report must be derived from a balance sheet and
income and expense statements).
5.
Does your accounting system provide control and accountability over all funds
received, property and other assets?
6.
Can your accounting system provide for financial reports on an accrual basis?
7.
Does your accounting system provide for identification of receipt and expenditure
of funds separately for each funding source?
8.
Are your accounting records maintained in such a manner as to facilitate the
tracking of funds to source documentation of the unit transaction?
9.
Does your accounting system have the capability to develop procedures for
determining the allowable and allocable of costs in accordance with the provisions
of the WIA regulations, the Uniform Grants and Contract Management Standards,
and the TWC Financial Management Manual for Grants and Contracts?
10.
Are State and Federal funds which are advanced to you deposited in a bank with
federal insurance coverage?
11.
Has the bank in which you deposit State and Federal funds insured the account(s) or
put up collateral or both, which is equal to the largest sum of money which would
be in such bank account(s) at any one point in time during the contract period?
12.
Do you make monthly reconciliation of your bank accounts?
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13.
Are these reconciliations made by the same person who performs the recordkeeping
for receipts, deposits and disbursement and transactions?
14.
Do you record daily your cash receipts and disbursement transactions?
15.
Are there individuals or positions in your organization which have, as one of their
duties, the receipt, distribution or handling of money covered under bond or crime
insurance?
16.
Is there a person who is responsible for the receipt of all financial transactions?
17.
Is there a person who is responsible for the receipt of all purchased goods?
o Does this person immediately assign, upon receipt, an inventory number to the
required items?
o Does this person perform an inventory audit at least once a year?
o Do you maintain records on all property acquisition, disposition and transfer?
18.
Do you have written procedures and internal controls established for the
procurement of goods and services?
19. Is a competitive bid process incorporated in your purchasing procedures for
acquisition of subcontractors, major goods and services, equipment and office
space?
20.
Is documentation (i.e., timesheets, etc.) properly kept in support of each payroll
disbursement?
21.
Are records maintained to support authorized leave (sick, etc.)?
22.
Is proper documentation maintained to support travel disbursement?
(Please attach a copy of travel disbursement policy, if yes.)
23.
Has a formal audit of your organization's financial record been conducted within the
past year?
24.
Is your accounting system bound by any outside agency (city, county, etc.)?
25.
Do you have an indirect cost plan with current approval by a cognizant agency?
26.
Is your organization funded by more than one source?
27.
Does your organization have a written lease for all rented or leased properties?
28.
Does your organization have written accounting procedures?
29.
Does your organization follow GAAP?
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ATTACHMENT D - ADMINISTRATIVE MANAGEMENT SURVEY
Answer the following questions regarding your administrative management system. If selected
for award of a contract, some items listed below may be required to be provided during the preaward survey prior to the development of a contract.
Yes, No or N/A
1. Does your organization have current Articles of
Incorporation?
___________
___________
2. Does your organization have written personnel policies?
3. Do your written personnel policies contain procedures for:
a. Open employees recruitment, selection and promotional
opportunities based on ability, knowledge and skills;
___________
b. providing equitable and adequate compensation;
___________
c. training of employees to assure high-quality performance;
___________
d. retaining employees based on the adequacy of their
performance, and for making adequate efforts for correcting
inadequate performance;
e. assuring fair treatment of applicants and employers in all
aspects of personnel without regard to political affiliation,
race, color, national origin, sex, age, disability, religion or
creed, with proper regard for their privacy and constitutional
rights as a citizen; and
f. assuring that employees are protected against coercion for
partisan political purposes and are prohibited from using their
official authority for the purpose of interfering with or
affecting the result of an election or nomination for office?
4. Can your organization revise its present written personnel
policies to include the above procedures?
5. Do your written personnel policies contain a prohibition
against nepotism? (Private, non-profits ONLY)
6. Do your written personnel policies contain a prohibition
against employees using their positions for private gain for
themselves or other parties? (Non-profit)
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___________
___________
___________
___________
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7. Does your organization have an authorized, written travel policy for
employees and authorized agents that provides for reimbursement
for mileage and per diem at a specified rate?
___________
8. Does your organization have a written employee grievance
procedure used to resolve employment complaints?
___________
9. Does your organization have the capacity or staff to produce and
maintain participant records and other information as needed by
the Board?
___________
10. If certain costs are determined to be disallowed, does your
organization have a procedure or source for reimbursing such
costs to the Board?
___________
11. Is your organization governed by a Board/Council?
___________
12. Does your organization operate under local rules or by-laws?
___________
13. Has your Board/Council reviewed and approved this proposal?
___________
14. Does your organization have a current approved Fidelity Bond?
(Attach copy of binder/proof of coverage)
___________
15. Does your organization have an EEO/Affirmative Action Plan?
___________
16. Does your organization have a Complaint or Grievance process?
___________
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ATTACHMENT E - CERTIFICATION OF BIDDER
I hereby certify that the information contained in this proposal and any attachments is true and
correct and may be viewed as an accurate representation of proposed services to be
provided and the administrative, management and financial systems of this organization. I
certify that no employee of Workforce Solutions has assisted in the preparation of this proposal.
I acknowledge that I have read and understand the requirements and provisions of the RFP and
that the organization will comply with applicable local, state and federal regulations and
directives in the implementation of the program. I also certify that I have read and understand the
Governing Provisions and Limitations (Section 1.15) and the Administrative Requirements and
Other Limitations (Section 1.16) presented in this RFP and will comply with the terms.
This proposal is a firm offer for a minimum of 90 days.
I,
, certify that I am the (Typed Name)
of the corporation, partnership, organization, or
other (Typed Title)
entity named as Respondent herein and that I am authorized to sign this proposal and submit it
to the Workforce Solutions Cameron Board on behalf of said organization by authority of its
governing body.
(Signature)
(Address)
(Phone)
Subscribed and sworn to before me this
day of
,
2014, at __________________, ________________ County, State of _____________.
Notary Public in and for
County, _____________.
SEAL
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ATTACHMENT F - CERTIFICATE REGARDING DEBARMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED
TRANSACTIONS
Subgrantee/Contractor Organization:
This certification is required by regulations implementing Executive Order 12549,
Debarment and Suspension, 29CFR Part 98, Section 98.510 Participant’s responsibilities.
The regulations were published as Part VII of the May 26, 1988 Federal Register (Pages
19160 19211).
(1) The prospective recipient of Federal assistance funds certifies, by submission of this
proposal, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in the
transaction by Federal department or agency.
(2) Where the prospective recipient of Federal assistance funds is unable to certify to any
of the statements in this certification, such prospective participant shall attach an
explanation to its proposal.
Signature of Authorized Official
Title
Applicant Organization
Date Submitted
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ATTACHMENT G - CERTIFICATE REGARDING DRUG-FREE
WORKPLACE
Contractor certifies that it will provide a drug free work place by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the contractor's
work place and specifying the actions that will be taken against employees for violation of such
prohibition;
B. Establishing a drug free awareness program to inform employees
about :
1. the dangers of drug abuse in the work place;
2. the contractor's policy of maintaining a drug free work place;
3. any available drug counseling, rehabilitation, and employee assistance programs; and
4. the penalties that may be imposed upon employees for drug abuse violations occurring in the
work place.
C. Making it a requirement that each employee to be engaged in the performance of the contract,
be given a copy of the statement required by paragraph A;
D. Notifying the employee in the statement required by paragraph A that, as a condition of
employment under the contract, the employee will :
1. abide by the terms of the statement, and
2. notify the employer of any criminal drug statutes conviction for a violation occurring in the
work place no later than five working days after such conviction.
E. Notifying the Workforce Solutions Cameron within 5 days of receipt of notice from employee,
under subparagraph D.2.
F. Taking one of the following actions, within 30 days of receipt of notice under subparagraph D.2.
with respect to any employee who is so convicted:
1. taking appropriate personnel action against such an employee, up to and including termination;
or
2. requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purpose by Federal, State, or local health, law
enforcement, or other appropriate agency;
G. Making a good faith effort to continue to maintain a drug free work place through implementation
of paragraphs A, B, C, D, E, and F.
1. Certification is a precondition of receiving a new contract after July 1,
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3.
4.
5.
6.
1990. 2. This policy does not require drug testing.
Costs incurred to comply with the requirements of this policy are allowable costs under
the contract.
Contractors are not required to pay for rehabilitation programs for employees.
The requirements of this policy must be in place and certification must be made to the
Workforce Solutions Cameron at the time that the contract is executed.
Alcohol is not covered by this policy.
CONTRACTOR STATEMENT OF COMPLIANCE WITH THE DRUG FREE WORK PLACE ACT
OF 1988
Contractor will provide a Drug Free Work Place in compliance with the Drug Free Work Place
Act of 1988. The unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited on the contractor's premises or any of its facilities. Any employee who
violates this prohibition will be subject to disciplinary action up to and including termination. All
employees, as a condition of employment, will comply with the policy.
Signature
Title
Date
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ATTACHMENT H - CERTIFICATION REGARDING LOBBYING, Certification
for Contracts, Grants, Loans and Cooperative Agreement
The undersigned 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, or 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 Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant local, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have 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 the 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 sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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.
Name of Applicant Organization:
Name and Title of Authorized Signatory:
Signature:
Date:
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ATTACHMENT I - CERTIFICATE REGARDING CONFLICT OF INTEREST
By signature of this proposal, Proposer covenants and affirms that:
(1)
no manager, employee or paid consultant of the Proposer is a member of the Board, the
Executive Director, or an employee of Workforce Solutions Cameron;
(2)
no manager or paid consultant of the Proposer is married to a member of the Board, the
Executive Director, or an employee of Workforce Solutions Cameron;
(3)
no member of the Board, the Executive Director or employee of Workforce Solutions
Cameron owns or controls more than a 10 percent interest in the Proposer;
(4)
no spouse or member of the Board, Executive Director or employee of Workforce Solutions
Cameron is a manager or paid consultant of the Proposer;
(5)
no member of the Board, the Executive Director or employee of Workforce Solutions
Cameron receives compensation from Proposer for lobbying activities as defined in Chapter 305
of the Texas Government Code;
(6)
proposer has disclosed within the Proposal any interest, fact or circumstance which does or
may present a potential conflict of interest;
(7)
should Proposer fail to abide by the foregoing covenants and affirmations regarding conflict
of interest, Proposer shall not be entitled to the recovery of any costs or expenses incurred in
relation to any contract with Workforce Solutions Cameron and shall immediately refund
to Workforce Solutions Cameron any fees or expenses that may have been paid under the
contract and shall further be liable for any other costs incurred or damages sustained by
Workforce Solutions Cameron relating to that contract.
Disclosure of Potential Conflict of Interest
Name of Applicant Organization:
Name of Authorized Signatory:
Title of Authorized Signatory:
Signature
Date:
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ATTACHMENT J - TEXAS CORPORATE FRANCHISE TAX
CERTIFICATION
Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for
profit corporation that are delinquent in making state franchise tax payments. The following
certification that the corporation entering into this contract is current in its franchise taxes
must be signed by the individual on Form 203, Corporate Board of Directors Resolution,
to sign the contract for the corporation.
The undersigned authorized representative of the corporation contracting herein certifies that
the following indicated statement is true and correct and that the undersigned understands
making a false statement is a material breach of contract and is grounds for contract cancellation.
Indicate the certification that applies to your corporation:
The Corporation is a for-profit corporation and certifies that it is not delinquent
in its franchise tax payments to the State of Texas.
The corporation is a non-profit corporation or is otherwise not subject to
payment of franchise taxes to the State of Texas.
Name and Title of Authorized Representative
Signature
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ATTACHMENT K - BOARD APPEALS PROCEDURES
Workforce Solutions Cameron Appeals Procedures for Board Determinations
Revised October 8, 2013
I.
General Provisions
These procedures provide an appeals process to the extent authorized by rules administered by
the Texas Workforce Commission (Agency). These procedures apply only to complaints or
determinations regarding federal- or state-funded workforce services administered by
Workforce Solutions Cameron (the Board), as follows:
a.
b.
c.
d.
e.
f.
Child care;
Temporary Assistance for Needy Families (TANF) Choices;
Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T);
Workforce Investment Act (WIA) Adult, Dislocated Worker, and Youth;
Workforce Investment Opportunity Act (WIOA) Adult, Dislocated Worker, and Youth;
Eligible Training Providers (ETP) receiving WIA funds or other funds for training services;
and
g. Other federal - or state - funded workforce services administered by the Board.
II.
Definitions
The following words and terms, when used in this chapter, have the following meanings, unless
the context clearly indicates otherwise.
a. Adverse action--Any denial or reduction in benefits or services to a party.
b. Board decision--The written finding issued by a Board hearing officer following a hearing
before that hearing officer in response to an appeal.
c. Appeal--A written request for a review filed with the Board by a party in response to a
determination or decision.
d. Determination--A written statement issued to a customer by the Board relating to an adverse
action, or to a provider or contractor relating to matters under programs administered by the
Board.
e. Hearing officer--An impartial individual designated by the Board to conduct hearings and
issue administrative decisions.
f. Informal resolution--Any procedure that results in an agreed final settlement between all
parties to an appeal.
g. Party--A person who appeals a Board determination.
III.
Board Determinations
A determination affecting the type and level of services to a customer/job seeker or party
relating to the administration of federal- or state-funded workforce services administered by the
Board shall be promptly provided to any person or party directly affected.
a. The determination shall include the following:
1. A brief statement of the adverse action;
2. The mailing date of the determination;
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3. An explanation of the individual or party's right to an appeal;
4. The procedures for filing an appeal to the Board;
5. The right to have a hearing representative, including legal counsel; and
6. The address or fax number to send the appeal.
b. Boards shall allow providers of training services the opportunity to appeal a determination
related to the:
1. denial of eligibility as a training provider under WIA §122(b), §122(c), or §122(e);
2. termination of eligibility as a training provider or other action under WIA §122(f); or
3. denial of eligibility as a training provider of on-the-job or customized training by the
operator of a Texas Workforce Center under WIA §122(h).
c. A person/party that receives a determination from a Board may file an appeal with the Board
requesting a review of the determination. The appeal must be submitted in writing, filed
within 14 calendar days of the mailing date of the determination, and include the party's
proper mailing address.
IV.
Informal Resolution Procedure
The Boards shall provide an opportunity for informal resolution of an appeal. Informal
resolution may include but is not limited to:
a.
b.
c.
d.
e.
f.
V.
informal meetings with case managers or their supervisors;
second reviews of the case file;
telephone calls or conference calls to the affected parties;
in-person interviews with all affected parties;
written explanations or summaries of the laws or regulations involved in the appeal; or
meetings with the Board Executive Management Team and or the Board of Director's
Executive Committee.
Board Hearing Process
If the informal resolution procedure results in a final agreement between the parties, no hearing
shall be held. If no final informal resolution is reached, the Board shall provide an opportunity
for a hearing to resolve an appeal.
a. The Board will contract with an independent external qualified hearing officer to conduct
the appeal hearing.
b. Within 60 calendar days of the filing of the appeal, the Board shall send the parties a
decision setting forth the results of the hearing. The decision shall be issued by a Board
hearing officer, shall include findings of fact and conclusions of law, and shall provide
information about appeal rights to the parties.
c. If no Board decision is mailed within the 60 calendar-day time frame, or if any party
disagrees with a timely Board decision, a party may file an appeal with the Texas Workforce
Commission (TWC).
d. An appeal to TWC shall be filed in writing with TWC Appeals, Texas Workforce
Commission, 101 East 15th St., Room 410, Austin, Texas 78778-0001, within 14 calendar
days after the mailing date of the Board's decision. If the Board does not issue a decision
within 60 calendar days of the date of the filing of the original appeal, an appeal to TWC
must be filed no later than 90 calendar days after the filing date of the original appeal.
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VI.
Setting A Hearing
a. A customer/job seeker, workforce contractor, individual employee or training provider may
file an appeal directly with the Board.
b. Upon receipt of an appeal, the Board shall promptly assign a hearing officer and mail a
notice of hearing to the parties and/or their designated representatives. The hearing shall be
set and held promptly and in no case later than 60 days from the date of the appeal.
c. The notice of hearing shall be in writing and include a:
1. statement of the date, time, place, and nature of the hearing;
2. statement of the legal authority under which the hearing is to be held; and
3. short and plain statement of the issues to be considered during the hearing.
d. The notice of hearing shall be issued at least 10 calendar days before the date of the hearing.
e. Hearings shall be conducted by telephonic means, unless the Board determines that an inperson hearing is necessary.
f. Parties needing special accommodations, including the need for a bilingual or sign language
interpreter, shall make this request before the hearing is set, if possible, or as soon as
practical.
VII.
Postponement and Continuance
a. The hearing officer may grant a postponement of a hearing for good cause at a party's
request. Except in emergencies or unusual circumstances confirmed by a telephone call or
other means, no postponements shall be granted within two days of the scheduled hearing.
b. A continuance of a hearing may be ordered at the discretion of the hearing officer if:
1. there is insufficient evidence upon which to make a decision;
2. a party needs additional time to examine evidence presented at the hearing;
3. the hearing officer considers it necessary to enter into evidence additional information or
testimony;
4. an in-person hearing is necessary for proper presentation of the evidence; or
5. any other reason deemed appropriate by the hearing officer.
c. The hearing officer shall advise the parties of the reason for the continuance and of any
additional information required. At the continuance, the parties shall have an opportunity to
rebut any additional evidence.
VIII.
Evidence
a. Evidence Generally. Evidence, including hearsay evidence, shall be admitted if it is relevant
and if in the judgment of the hearing officer it is the kind of evidence on which reasonably
prudent persons are accustomed to rely in the conduct of their affairs. However, the hearing
officer may exclude evidence if its probative value is outweighed by the danger of unfair
prejudice, by confusion of the issues, or by reasonable concern for undue delay, waste of
time, or needless presentation of cumulative evidence.
b. Exchange of Exhibits. To be considered as evidence in a decision, any document or physical
evidence must be entered as an exhibit at the hearing. Any documentary evidence to be
presented during a telephonic hearing shall be exchanged with all parties and a copy shall be
provided to the hearing officer in advance of the hearing. Any documentary evidence to be
presented at an in-person hearing shall be exchanged at the hearing.
c. Stipulations. The parties, with the consent of the hearing officer, may agree in writing to
relevant facts. The hearing officer may decide the appeal on the basis of such stipulations or,
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at the hearing officer's discretion, may set the appeal for hearing and take such further
evidence as the hearing officer deems necessary.
d. Experts and Evaluations. If relevant and useful, testimony from an independent expert or a
professional evaluation from a source satisfactory to the parties may be ordered by hearing
officers, on their own motion or at a party's request. The cost of any such expert or
evaluation ordered by the hearing officer shall be borne equally by the parties.
e. Subpoenas.
1. The hearing officer may issue subpoenas to compel the attendance of witnesses and the
production of records. A subpoena may be issued either at the request of a party or on
the hearing officer's own motion.
2. A party requesting a subpoena shall state the nature of the information desired, including
names of any witnesses and the records that the requestor feels are necessary for the
proper presentation of the case.
3. The request shall be granted only to the extent the records or the testimony of the
requested witnesses appears to be relevant to the issues on appeal.
4. A denial of a subpoena request shall be made in writing or on the record, stating the
reasons for such denial.
IX.
Hearing Procedures
a. General Procedure. The hearing shall be conducted informally and in such manner as to
ascertain the substantive rights of the parties. The hearing officer shall develop the evidence.
All issues relevant to the appeal shall be considered and addressed.
1. Presentation of Evidence. The parties to an appeal may present evidence that is material
and relevant, as determined by the hearing officer. In conducting a hearing, the hearing
officer shall actively develop the record on the relevant circumstances and facts to
resolve all issues. To be considered as evidence in a decision, any document or physical
evidence must be entered as an exhibit at the hearing. A party has the right to object to
evidence offered at the hearing by the hearing officer or other parties.
2. Examination of Witnesses and Parties. The hearing officer shall examine parties and any
witnesses under oath and shall allow cross-examination to the extent the hearing officer
deems necessary to afford the parties due process.
3. Additional Evidence. The hearing officer, with or without notice to any of the parties,
may take additional evidence deemed necessary, provided that a party shall be given an
opportunity to rebut the evidence if it is to be used against the party's interest.
4. Appropriate Hearing Behavior. All parties shall conduct themselves in an appropriate
manner. The hearing officer may expel any individual, including a party, who fails to
correct behavior the hearing officer identifies as disruptive. After an expulsion, the
hearing officer may proceed with the hearing and render a decision.
b. Records.
1. The hearing record shall include the audio recording of the proceeding and any other
relevant evidence relied on by the hearing officer, including documents and other
physical evidence entered as exhibits.
2. The hearing record shall be maintained in accordance with federal or state law.
3. Confidentiality of information contained in the hearing record shall be maintained in
accordance with federal and state law.
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4. Upon request, a party has the right to obtain a copy of the hearing record at no charge.
However, a party requesting a transcript of the hearing record shall pay the costs of the
transcription.
X.
Withdrawal of Appeal
A party may request a withdrawal of its own appeal at any time before a final Board decision is
issued. The hearing officer may grant the request for withdrawal in writing and issue an order of
dismissal.
XI.
Hearing Officer Independence and Impartiality
a. A hearing officer presiding over a hearing shall have all powers necessary and appropriate to
conduct a full, fair, and impartial hearing. Hearing officers shall remain independent and
impartial in all matters regarding the handling of any issues during the pendency of a case
and in issuing their written decisions.
b. A hearing officer shall be disqualified if the hearing officer has a personal interest in the
outcome of the appeal or if the hearing officer directly or indirectly participated in the
determination or Board decision on appeal. Any party may present facts to the Board in
support of a request to disqualify a hearing officer.
c. A hearing officer may withdraw from a hearing to avoid the appearance of impropriety or
partiality.
d. Following any disqualification or withdrawal of a hearing officer, the Board shall assign an
alternate hearing officer to the case. The alternate hearing officer shall not be bound by any
findings or conclusions made by the disqualified or withdrawn hearing officer.
XII.
Ex Parte Communications
a. The hearing officer shall not participate in ex parte communications, directly or indirectly, in
any matter in connection with any substantive issue, with any interested person or party.
Likewise, no person shall attempt to engage in ex parte communications with the hearing
officer on behalf of any interested person or party.
b. If the hearing officer receives any such ex parte communication, the other parties shall be
given an opportunity to review that communication.
c. Nothing shall prevent the hearing officer from communicating with parties or their
representatives about routine matters such as requests for continuances or opportunities to
inspect the file.
d. The hearing officer may initiate communications with an impartial Board employee who has
not participated in a hearing or any determination in the case for the limited purpose of using
the special skills or knowledge of the Board and its staff in evaluating the evidence.
XIII.
Hearing Decision
a. Following the conclusion of the hearing, the hearing officer shall promptly issue a written
decision on behalf of the Board.
b. The hearing officer's decision shall be based exclusively on the evidence of record in the
hearing and on matters officially noticed in the hearing. The decision shall include:
1. a list of the individuals who appeared at the hearing;
2. the findings of fact and conclusions of law reached on the issues; and
3. the affirmation, reversal, or modification of the Board's determination.
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XIV.
Finality of Decision
a. The decision of the hearing officer is the final decision of the Board.
b. If the party filing the appeal disagrees with the hearing officer's decision, that party may
appeal to TWC in writing to: TWC Appeals, Texas Workforce Commission, 101 East 15th
St., Room 410, Austin, Texas 78778-0001, within 14 calendar days after the mailing date of
the Board's decision.
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Exhibit A - Staff Minimum Qualifications, Job Descriptions and Resumes
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Exhibit B - Risk Assessments, Monitoring Reports and Associated
Correspondence
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Exhibit C - Audit Reports and Management Letters
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Exhibit D - Cost Allocation Plan
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Exhibit E - Indirect Cost Rate and Cognizant Agency Letter or Proposed
Management Fee Detailed Line Item Budget
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Exhibit F - Proof of Incorporation of Organizational Status
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Exhibit G - IRS Form 990
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Exhibit H - Copies of Texas CCS Contracts
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Exhibit I - Copies of Non Texas CCS Contracts
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