PRIOR TO DEVELOPING A RESPONSE TO THIS RFP, YOU MUST CALL THE NYSDOL WORKFORCE DEVELOPMENT AND TRAINING DIVISION AT 518-457-0380 TO DISCUSS YOUR PLANS/PROPOSAL.

1. INTRODUCTION
   1. Purpose

      Section 134 of Title I of the Workforce Investment Act (WIA) describes the Statewide Rapid Response Activities that may be provided by the State or an entity designated by the State. Under Part 665, subpart C of the final regulations implementing WIA, included among the other Rapid Response activities that a State may provide is the identification of strategies for the aversion of layoffs. Rapid Response activities, locally driven by the needs of the affected business and employees, are delivered in New York State by a Regional Rapid Response team of core delivery staff. Team members collaborate not only to assist dislocated workers in obtaining reemployment, but also actively participate in developing strategies to avert layoffs within the local community.

      Before developing a layoff aversion strategy, a business needs to look carefully at its long term goals and needs as identified in its strategic business plan. The business must identify what in its current business plan has changed, how the strategy described in this application accommodates that change, and how this strategy seeks to contribute to the long term viability of the company.

      In consultation with the NYSDOL Regional Administrator, the Local Workforce Investment Board and local/regional economic development officials, employers should consider the following areas in developing a layoff aversion strategy:

      Skills Scan of Employees
      Utilization of Labor/Management Committees (where appropriate)
      Skills Upgrading
      Classroom or Consultant Based Training
      Employee Stock Option Purchase
      Shared Work Program
      Solicitation of Buyer through Economic Development partners

      The intent of this RFA is to make funding available to support the training needs that may be contained within a business' layoff aversion strategy and updated business strategic plan. Federal Workforce Investment Act Rapid Response funding will be made available to support this purpose. The number and size of awards will be based on the number and request level of applications that are received which meet the minimum requirements for funding as outlined in this RFA. The Department reserves the right to make additional awards if additional funds become available. Applications will be evaluated pursuant to the review criteria described in a later section of this RFA.

      Contracts will be awarded for a period of up to six months, although longer contract periods may be approved at the discretion of the Department. Award grantees will be required to provide the reports documenting the outcomes as required under the Expected Outcomes section of this RFA. Contract payment will be on a reimbursable basis. Contractors must promptly submit vouchers for reimbursement of costs that have been incurred in accordance with the approved project budget. To demonstrate the business' commitment to its aversion strategy a minimum match of 50% of the total cost of the proposed training project is required.
      

   2. Background

      The New York State Department of Labor is New York State's primary advocate for job creation and economic growth through workforce development. The Department administers New York's unemployment insurance system, labor exchange system, and Welfare-To-Work programs. The Department also oversees the state's worker protection programs, including enforcement of safety and health regulations in the public sector, state labor laws and federal statutes related to working conditions, wages and hours, and laws related to Public Work. The Department of Labor serves as the State's principal source for labor market information and offers a variety of services designed to help businesses find workers and people find jobs. Additional information regarding the NYSDOL can be found at http://www.labor.state.ny.us.

      New York State has a vision of a highly skilled workforce prepared by a system that readily connects employers and job seekers and assists business in economic growth. The New York State Workforce Development and Training Division oversees the implementation of New York's Workforce Development System; has oversight responsibility for the Workforce Investment Act; and administers programs which have businesses and job seekers as primary customers.

      This System:

      • is customer driven based on expectations of employers and job-seekers;
        
      • is demand side led, with continuous improvements to the system based on economic and workplace needs;
        
      • provides a value added dimension to services and activities for the customer;
        
      • improves continuously by learning how to use data on customer expectations and how to benchmark against world class systems;
        
      • provides multiple initial access points and creates a non-redundant single information resource, enabled through the use of leading-edge technology;
        
      • is performance-driven managed by the intended outcomes rather than the means, or processes, used to achieve the outcomes.

   3. Eligibility Criteria

      Applicants eligible to apply for funding under this RFA include for-profit and not-for-profit businesses. Incorporated Local Workforce Investment Boards (LWIBs) working with and applying on behalf of a business are also eligible applicants. Public employers (government agencies, municipalities, school districts, etc…) are not eligible to apply for these funds. Labor unions are also not eligible to apply for these funds however, projects which will involve organized workplaces must be developed in conjunction with the union representing the impacted workers.

      The affected business must have at least one physical location in New York State at the time of application. Funds awarded to applicants must be expended in connection with projects that will affect employees working only at New York State facilities. Individuals eligible to be served by this initiative include only the incumbent workers from the affected business.

      In consideration of local economic and workforce development efforts, applicants must consult with their NYSDOL Regional Administrator and their Local Workforce Investment Board (LWIB) in the development of their aversion strategy and in the submission of an application for funds under this Request for Applications. A list of LWIB contacts (Attachment D) and NYSDOL Regional Administrators (Attachment E) is attached to this RFA.

2. DESCRIPTION OF ADMINISTRATIVE PROCESS/EVENTS
   1. Calendar of Events

      RFA Release	May 20, 2002
      Questions Accepted Through	Continuously
      Applications Due to NYSDOL	Ongoing
      Tentative Selection	Ongoing
      Contract Negotiation, Processing	Upon Award Notification
      Tentative Program Startup	Upon Contract Execution

   2. Submittal Processes

      Applicants must provide a project narrative describing their proposal utilizing the attached Application Narrative Guidelines (Attachment A). The project narrative should not exceed 10 single sided single spaced pages using a 12 point font. A separate timeline should also be provided (will not count against the 10 page project narrative limit) identifying the timeframes during which the various planned activities are to occur. Detailed Budget Forms are attached to this application package (Attachment B) and must be used to show all financial information for the project.

      Four (4) copies (one original and three copies along with a copy in MS Word on a 3.5” floppy disk) of the complete application package must be submitted in the order listed on the Application Package Checklist (Attachment I). All pages must be numbered. The Application Package Checklist must be attached. No “faxed” or “e-mailed” documents will be accepted.

      Applicants must also comply with the Standard Clauses for all New York State Contracts (Attachment E) and New York State Department of Labor General Terms and Conditions (Attachment F) which will be incorporated into the contract of any successful bidder.

      Completed applications should be mailed or hand carried to:

      Ms. Margaret Moree, Director
      New York State Department of Labor
      Workforce Development and Training Division
      State Office Building Campus
      Building 12, Room 450
      Albany, New York 12240
      Attention: RFA # 16 - I: Layoff Aversion Training Activities

      Each application must be transmitted in a sealed package with the applicant's name and address clearly displayed on the exterior of the package. All applicants will receive a letter informing them of the decision on their application.

      Questions regarding the RFA will be accepted continuously and can be directed to onestop@labor.state.ny.us or by mail to the address listed above. All inquires should include the following reference to this RFA: RFA # 16 – I Layoff Aversion/Business Retention. Answers to all questions received will be posted on the Workforce Development Website at www.workforcenewyork.org and will be mailed directly to those who submitted questions by mail or requested a paper copy of the RFA.

3. DESCRIPTION OF SERVICES SOUGHT
   1. Use of Funds

      Projects may take on a number of different shapes or forms focusing on ways to avert layoffs and/or plant closures. Training activities may include but are not necessarily limited to the following:

      • Off the shelf training courses to upgrade employee skills;
        
      • Classroom based or consultant training designed to meet the specific requirements of an employer;
        
      • In-house training provided by company staff;
        
      • On-the-Job Training (OJT) may also be allowed under certain circumstances, such as for training on new machinery or new work processes. OJT will be approved only for highly specific purposes and at the discretion of the Department.

      The following types of expenditures may be supported with these funds to address the above mentioned activities:

      • Cost of training courses and curriculums for classroom training;
        
      • Consultant costs associated with the development of a training curriculum and/or conduct of actual training;
        
      • In-house training costs including the development or acquisition of training curriculum and/or conduct of actual training by company staff;
        
      • Costs associated with On-the-Job Training (OJT) as previously described. The employer may be reimbursed for up to 50% of the cost of the employees' wages while participating in OJT. Such OJT payments are deemed to be compensation for the extraordinary costs associated with training participants and the costs associated with the lower productivity of the participants. Therefore, no separate instruction, supervision, training development, NPS, or equipment costs related to an OJT program are reimbursable. OJT will only be allowed on an exception basis, upon review and approval by NYSDOL.
        
      • Non-Personal Service costs including training supplies, materials, books, travel, postage, reproduction, etc….(For any NPS or start up costs being requested in the grant application, the company must demonstrate its commitment to the business objective and indicate why these costs are not being supported by the company)
        
      • Equipment costs directly related to the training needs of the employees to be addressed within the application. Equipment may be purchased or rented, whichever is more economical. Equipment is tangible personal property having a useful life of more than one year and acquisition costs of $500 or more per unit. Title to all equipment purchased under this contract rests with the Department of Labor upon acquisition. At the completion of the project, such property must be disposed of in accordance with the instructions of the Department. An inventory of all equipment purchased must be kept. Justification for any equipment purchases and/or rental costs must be provided in the Attachment B budget forms.

      All proposed expenditures must be reasonable and necessary and clearly relate to the purposes and activities of the project as described in the project narrative. Funds may not be used for:

      • The acquisition, construction or renovation of buildings or other real estate;
        
      • The purchase any production equipment or other equipment that would be used in the normal course of operation of the business;
        
      • Any administrative costs associated with this project;
        
      • A wage subsidy (exceptions may be made for OJT related to specific circumstances as approved at the discretion of the Department);
        
      • Any economic development or employment generating activities in accordance with the requirements of Section 181 of the Workforce Investment Act.

   2. Expected Outcomes

      As a result of an award of funds, the applicant(s) will:

      • Avert the layoff of all workers directly affected by this project. The Department reserves the right to proportionately recapture awarded funds based on the number of layoffs to be averted under this grant which subsequently become layoffs during the 12 month period immediately following the completion of the project's training activities (the Department will examine the employment levels of the business before and after training occurs to determine whether layoffs have occurred);
        
      • Provide an evaluation of the project within 90 days after the conclusion of all training activities. The report should also indicate the number of employees who've successfully completed training, their current employment status with the company, and their prospects for continuing employment with the company. Employee reaction to the training provided and any other implemented changes should also be included.

      The above report must be submitted for review to the New York State Department of Labor's Workforce Development & Training Division.

4. SELECTION PROCESS
   1. Method of Award

      Applications will be reviewed by a panel of staff from the Department of Labor with knowledge in the applicable areas and related fields. Awards will be made available to all applicants whose applications meet the minimum scoring criteria as established in this RFA on a continuous basis. The Department of Labor may award a contract for any or all parts of an application and may negotiate contract terms and conditions to meet agency program requirements consistent with this RFA.

      Applications will be scored on technical merit alone. The first level of review for technical merit will evaluate the quality of the application on a scale of not addressed - weak - moderate - strong with respect to the following criteria: description of threat to the business, goals and objectives, description of aversion strategy, strategic partners/collaboration, and project timeframes. The second level of review for technical merit will examine the overall strengths of the proposal and the reasonableness of the budgeted costs.

      To be eligible to receive an award, a proposal must achieve a minimum score of 70 points. Proposals will be evaluated against the following criteria:

   2. Technical Evaluation (1^st Level)
      • Description of Threat to Business (Up to 10 points) - The application clearly describes the current threat to the business or plant that will result in employee layoffs if not addressed. The immediacy of the threat is also described in the application.

      • Goals and Objectives (Up to 10 points) - The application clearly defines its goals and objectives and how these relate to the goals outlined in the applicant’s revised strategic business plan. The applicant clearly describes how it will determine the success of the project and how it will help the business meet its long term goals. The project includes benchmarks or indicators that will measure effectiveness or progress towards its goals. The number of employees to be trained and their job titles are provided.

      • Description of Aversion Strategy (Up to 25 points) - The application provides a clear and detailed description of the activities and steps to be undertaken in connection with the project's aversion strategy including the roles of any consultants, trainers, or in-house staff involved and any technical assistance needs. The scope of the project is well defined, the subject matter of the training is stated with the individual courses identified. The steps in the strategy are logically sequenced and seem reasonable and likely to allow the applicant to achieve its stated goals and objectives. The strategy is described in terms of how it relates to the long term needs of the business as described in its revised strategic business plan.

      • Strategic Partners/Collaboration (Up to 15 points) - The roles of any strategic partners are described. Collaborative efforts with the applicable NYSDOL Regional Administrator (RA) and Local Workforce Investment Board (LWIB) are described. If the workplace is organized, describe the involvement of the local union(s) in the development and conduct of this project.

      • Project Timeframes (Up to 10 points) - The project includes a timeline showing the anticipated start date and duration for each of the proposed project activities. The timeline appears reasonable in allowing the project to meet its stated goals and objectives.

        Technical Evaluation (2^nd Level)

      • Overall Strength of Proposal (Up to 15 points) - The applicant has clearly demonstrated a desire to avert pending layoffs and continue and strengthen the operation of the affected business or plant. The proposed aversion strategy is well defined and structured and provides a reasonable indication of long term success in retaining the affected employees and meeting the long term goals and needs of the business as outlined in its revised strategic business plan.

      • Reasonableness of Budgeted Costs (Up to 15 points) - Budgeted costs appear reasonable and necessary given the size and scope of the planned project. Budgeted costs are easily understood and justifications are provided where necessary to describe the relevance of the cost to the proposed activities. The application clearly explains why a particular course of training and/or vendor was chosen, what other options were explored, and the comparative costs of other options.

   3. Reservation Clauses

      The Department of Labor, on behalf of the State Workforce Investment Board, reserves the right to make multiple awards or no award based on the quality of applications received and the availability of funds.

      This RFA does not commit the New York State Department of Labor to award any contracts, pay the cost incurred in the preparation of a response to this RFA or to procure or contract services.

      The Department of Labor reserves the right to accept or reject any or all applications that do not completely conform to the instructions given in this RFA.

      The Department reserves the right to correct any arithmetic errors in any proposal.

      The Department reserves the right to waive or modify minor irregularities in proposals received after prior notification to the bidder.

      Submission of an application will be deemed to be the consent of the applicant to any inquiry made by the Department of Labor or third parties with regard to the applicant's experiences or other matters relevant to the application.

      News releases or any other public announcements regarding this proposal may not be released without prior approval from the Department (See Attachment F, Section T).

      A contract cannot be valid, effective or binding upon the State, nor can any payments be issued until the applicable State appropriation is in place and the contract has been approved by the State Comptroller and filed in his office.

      All proposals submitted in response to this RFA become the property of the New York State Department of Labor.

   4. Equal Opportunity Guidelines

      Bidders should be aware of the requirements of Section 15A of the Executive Law which addresses nondiscrimination in employment and utilization of Minority or Women Owned Business Enterprises (MWBE). Information concerning the availability of MWBEs for particular services or goods, by major location in New York State, is available by telephone or telefax. Inquires should be addressed to:

      Division of Equal Opportunity Development
      NYS Department of Labor
      Building 12, Room 540
      State Office Building Campus
      Albany, New York 12240
      Attn: Andrew Adams
      Telephone: (518) 457-1984
      Telefax: (518) 485-5489

      Successful bidders will be required to submit a plan for the proposed utilization of MWBEs for the purchase of goods and services through their contract. The contract should reflect that MWBEs will be given the opportunity for meaningful participation in the performance of contracts.

      Attachment F contains further information pertaining to MWBE goals for participation, as well as standard clauses for all NYS contracts and general terms and conditions.

   5. Buy American Requirements

      Bidders should be aware of the requirements of WIA, Section 505 which provides that WIA funds may not be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a et seq.). It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with WIA funds should be American made. See WIA, Section 505 – Buy American Requirements set forth as Attachment H.

5. CHECKLIST OF REQUIRED FORMS/INFORMATION
   (See Attachment I)

6. RFA ATTACHMENTS

   Application Cover Sheet
   

   1. Application Narrative
      
   2. Budget
      
   3. Responsibility Questionnaire
      
   4. List of Local Workforce Investment Board Contacts
      
   5. Standard Clauses for all New York State Contracts (Appendix A)
      
   6. New York State Department of Labor General Terms and Conditions (Appendix C)
      
   7. State and Federal Certifications (Appendix D)
      
   8. Buy American Requirements
      
   9. Application Package Checklist
   
   Questions and Answers (Updated 9/17/02)