WORKFORCE CENTERS SERVICES PROVIDER RFP
WF-WCSP16R RFP Questions – Deadline March 7, 2016
- Question:Can you please provide the WSET forms and certifications in MS Word format?
Response: (below)
XVIII. ASSURANCES, CERTIFICATIONS, AND ESSENTIAL CLAUSES (p. 33-40)
Proposers must acknowledge, sign, and returnsignature pages for Proposer Assurances, Certifications, and Essential Clauses. NOTE: Failure to return any pages requiring Proposer signature(s)may cause proposal to be null and void.
PROPOSER ASSURANCES:
Proposer warrants and assures:
The information contained in this proposal is true and correct.
The costs described in the budget accurately reflect the cost of providing services.
No employee, member of a government board or board of directors, or any other individual associated with an organization or individual person offering a proposal under this Request for Proposals has offered or will offer any gratuities, favors, or anything of monetary value to any member of the WSETB or any employee of the ETCOG for the purpose of or having the effect of influencing the decisions of the Board with respect to the organization or individual’s proposal or any other proposal.
No employee, member of a governing board or board of directors, or any other individual associated with an organization or individual person offering a proposal under this Request for Proposals has engaged or will engage in any activity which may be construed in restricting or eliminating competition for funds available under this Request for Proposals.
The organization or individual possesses the legal authority to offer this proposal.
If the applicant is an organization, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant’s governing body authorizing the submission of this proposal.
No person will be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program operated with funds from this Request for Proposals because of race, color, religion, sex, national origin, age, disability, sexual orientation, or political affiliation or belief
Proposer understands and agrees:
WSETB may utilize information provided outside of this request in evaluating this proposal, as referenced in Section XV. Evaluation, Rating, and Selection Process, Evaluation of Proposals, pg. 32.
They are subject to an onsite review and must be able and willing to provide documentation of information in the proposal at the request of the WSETB prior to execution of a subaward.
Proposer understands and agree: (cont’d.)
And ensures that all funds provided through this RFP will not be used to supplant other available federal, state, local, or private funds and knows this will be verified through subaward negotiations and understands language to that effect will be included in all subawards resulting from this RFP.
All funds provided through any negotiated subaward as a result of this RFP will be expended for allowable activities, and that no expenditures will have as their objective the funding of sectarian worship, instruction, or proselytizing. This provision shall not be interpreted to prohibit the Selected Proposer from subcontracting for goods or services with any religious institution or entity.
WSETB has the right to reject any and all proposals and negotiate outside of the terms of this proposal.
WSETB is not required to select the lowest cost or highest rated criteria proposal for subaward.
Any material misrepresentation or deliberate omission of a fact in this proposal may be justification for rejection of the proposal.
Toabide by the rules of the laws, acts, codes, etc. and all applicable rules and regulations promulgated thereunder, as a condition ofsubawardwith WSETBfor operation of programs and/or activities and all agreements or arrangements to carry out Board funded programs or activities resulting from this RFP.
CERTIFICATIONS:
Equal Opportunity Certification:
WSETB is an equal opportunity employer. All programs under the auspices of the Workforce Solutions East Texas Board are equal opportunity entities. Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this Contract.
CERTIFICATION OF PROPOSER
NON-DISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS
I acknowledge that I have read and understand the following non-discrimination and equal opportunity provisions of Section 188 of the Workforce Innovation and OpportunityAct (WIOA) and will comply with applicable local, state and federal regulations and directives implementing these provisions as they apply to programs and activities under the WIA.
“As a condition to the award of financial assistance from the Department of Labor under Title I of WIA, the grant applicant assures that it will comply fully with the non-discrimination and equal opportunity provisions of the following laws:
WIOA prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
Equal Opportunity Certification: (Cont’d.)
Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I-financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.”
I ______, certify that I am the ______
(Typed Name) (Typed Title)
of the corporation, partnership, organization, or other entity named as Respondent herein and that I am authorized to sign this proposal and submit it to the Workforce Development Board, Inc. on behalf of said organization by authority of its governing body.
______
(Signature)
______
(Address)(Phone)
Lobbying Certification:
This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).
The undersigned certifies that:
(1) Nofederalappropriated fundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned,toanypersonforinfluencing orattemptingtoinfluence anofficeroremployeeofCongress, oranemployeeofaMemberofCongressin connectionwiththeawardingofanyfederal grant, the making of any federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any federal grant award, grant, loan or cooperative agreement.
(2)Ifanyfundsotherthanfederal appropriated fundshavebeenpaidorwillbepaidtoanypersonforinfluencing orattempting toinfluenceanofficeroremployeeofanyAgency,aMember ofCongress,andofficeroremployee ofCongress, oranemployee ofaMember ofCongressinconnection withthisfederal grantaward, grant, loanorcooperative agreement,theundersigned shallcomplete andsubmitStandardForm-LLL,"DisclosureFormtoReportLobbying", inaccordancewithitsinstructions.
The undersigned shallrequire thatthelanguage ofthiscertification beincluded intheawarddocuments forallsub awards atalltiers(including subgrant awards,subgrants,andgrantawards undergrants,loans,andcooperative agreements) andthatallsub recipientsshallcertifyanddiscloseaccordingly.
Certifications: (cont’d.)
Debarment,Suspension,andOtherResponsibilityMatters:
Thiscertification isrequiredbytheFederalRegulations, implementingExecutiveOrder12549,Government-wideDebarment andSuspension,fortheDepartment ofAgriculture (7CFRPart3017),Department ofLabor(29CFRPart98),Department ofEducation (34CFRPart 85),Department ofHealth andHuman Services(45CFRPart76).
Theundersigned certifiesthatneitheritnoritsprincipals:
(1)Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2)Have notwithin a three-year period preceding this grant award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or grant award under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in Paragraph (2) of this certification; and,
(4)Have not within a three-year period preceding this grant award had one or more public transactions terminated for cause or default
Texas Corporate Franchise Taxes:
Pursuant to Article 2.45, Texas Business Corporation Act, State agencies may not award grants to for-profit corporations that are delinquent in making state franchise tax payments.
The undersigned certifies that the certification marked below applies to its business entity:
The entity is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas.
The entity is a for-profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas.
ESSENTIAL CLAUSES:
Antitrust
Neither Proposer nor firm, corporation, partnership, or institution represented by Proposer or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP.
Essential Clauses: (cont’d.)
ConflictofInterestQuestionnaire
Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or
seeking to subaward with WSETB to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with an officer of WSET or WSETB or an officer's close family member. The CIQ (Attachment 9, pg. 49) must be completed and returned with the bid/proposal response.
Abandonment or Default
In the event the successful Proposer defaults on a subaward resulting from this RFP, WSETBmay cancel the subaward without notice and either re-solicit or re-award the subaward to the next best responsive and responsible Proposer.The defaulting Proposer will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work are significantly changed. The period or length of suspension will be determined by the WSETBwhich will be based upon the seriousness of the default.
Buy Texas
In accordance with Texas Government Code, Section 2155.4441, the State of Texas requires that during the performance of a subaward for services, Contractor shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state.
TexasSalesandUseTax
Pursuant to § 2155.004, Government Code, a state agency may not accept a bid or award a grant to any individual not residing in this state or business entity not incorporated in or whose principal domicile is not in this state unless: the individual or business entity holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state or certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax.
The undersigned authorized representative of the business entity being awarded a grant herein certifies that it (indicate the statement that applies to your business entity): holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state; or does not sell tangible personal property or services that are subject to the state and local sales and use tax.
Change Management
The Selected Proposer agrees the key personnel assigned to the subaward shall remain available for the entirety of the project throughout the term of the subaward as long as that individual is employed by the Selected Proposer unless WSETB agrees to a change in key personnel.
Liability for Property Damage
Selected Proposer shall be liable for all damages to WSETBleased, or occupied property and equipment caused by Selected Proposer and its employees, agents, subcontractors, and suppliers, including delivery or cartage company, in connection with any performance pursuant to a subaward as a result of this RFP.
Essential Clauses: (cont’d.)
The Selected Proposer shall notify WSETB Contract Manager in writing of any such damage within one (1) calendar day.
Limitation on Authority; No Other Obligations
Selected Proposer shall have no authority to act for or on behalf of WSETB except as expressly provided for in a subaward or agreement resulting from this RFP; no other authority, power, or use is granted or implied. Selected Proposer may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of WSETB.
Liability for Taxes
Selected Proposer represents and warrantsit shall pay all taxes or similar amounts from any subaward or agreement resulting from this RFP, including, but not limited to, any federal, state, or local income, sales, or excise taxes of successful Proposer or its employees. WSET shall not be held liable for any taxes resulting from the Successful Proposer executing the performance of any subaward or agreement.
Force Majeure
Neither Selected Proposer nor WSETB shall be liable to the other for any delay in, or failure of performance, of any requirement included in a subaward resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business of the existence of such force majeure, or otherwise waive this right as a defense.
Acknowledgement of Assurances, Certifications and Essential Clauses
The above Proposer Assurances, Proposer Certifications, and Essential Clauses are a material representation of fact upon which reliance is placed when entering into any subaward or agreement as a result of this RFP. The return of these required documents signed with original signatures by an authorized representative of Proposer are prerequisites for finalizing the award and must be returned with the proposal. Failure to do so may deem Proposers proposal null and void.
Where the undersigned Proposer is unable to certify to any of the statements above, a valid and just explanation must be attached or proposal will be rejected.
The undersigned certifies that the indicated assurances, certifications and/or essential clauses are true and correct and understands that making a false statement or proclamation of compliance is a material breach of the grant subaward and is grounds for grant subaward cancellation.
Acknowledgement of Assurances, Certifications and Essential Clauses: (cont’d.)
Therefore, the undersigned additionally hereby certifies and warrants that he/she has been fully authorized to execute this proposal on behalf of the organization represented and to legally bind the organization to all the terms, performances, and provisions as herein set forth should this proposal be accepted for funding.
Authorized Signature/TitleDate
Organization Represented
‘Typed’ Authorized Signature/Title
ATTACHMENT2
PROPOSER INFORMATION COVER PAGE(p. 42)
PROPOSER INFORMATION:
Organization Name:
Mailing Address:
Physical Address:
City, State, Zip
Contact Name:
Email:Phone:
Federal Employer ID:
Texas State Comptroller ID:
PROPOSAL AUTHORIZATION:
I, the undersigned hereby certify and warrant that I have been fully authorized to submit this proposal on behalf of the organization represented and to legally bind the organization to all the terms, performances, and provisions as herein set forth.
Authorized Signature/TitleDate
Organization Represented
‘Typed’ Authorized Signature/Title
ATTACHMENT3
PROPOSAL COVER SHEET(p. 43)
Organization Name: ______
Proposal Type: Turnkey ____ or Managing Director ____
Address______
Telephone ______FAX ______
E-Mail ______
Contact Person ______
Co-Proposing Agencies ______
Total Amount of Funds Requested ______
Federal ID # ______
Minority Business Owner ______
Certifying Agency ______
CHECK-OFF ALL THAT APPLY:Local Educational Agency
Organized Labor Agency
Community Based Organization
Not for Profit Organization
For Profit Organization
Governmental Entity
Corporation
Sole Proprietorship
Partnership
Other
1) Does Proposer’s organization provide basic or occupational skills training? Yes No