Located in:
- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
- c. Youth Program Requirements.
With respect to youth workforce investment activities authorized in section 129 of WIOA, States should describe their strategies that will support the implementation of youth activities under WIOA. State’s must-
- c. Youth Program Requirements.
c. 1. Identify the State-developed criteria to be used by local boards in awarding grants or contracts for youth workforce investment activities and describe how the local boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii) of WIOA.¹¹ Further, include a description of how the State assists local areas in determining whether to contract for services or to provide some or all of the program elements directly.
¹¹ Sec. 102(b)(2)(D)(i)(V)
Current Narrative:
(1) OWD has an existing policy regarding awarding grants or contract for youth workforce investment activities (OWD Issuance 15-2019). LWDBs have the option to provide directly some or all youth services. If the LWDB chooses to award grants or contracts to a youth services provider to carry out some or all of the youth services, the LWDB must award such grants or contracts on a competitive basis.
Providers of training services under Title I of WIOA must meet the eligibility requirements of the law, be approved by State agencies and under the criteria as described in the State Plan and be approved by the LWDB to provide services in the Local Workforce Development Area (LWDA).
The procurement must be a process that provides for full and open competition and avoids even the appearance of a conflict of interest (either individually or organizationally). Procurement actions must be conducted in a manner that provides for full and open competition and prevents the existence of conflicting roles that might bias judgment and cause unfair competitive advantage. Such actions must assure separation of those who develop or issue the solicitation, or are involved in the selection process, from those who bid upon it. Accordingly, an identifiable sub-unit of the local government or non-governmental organization may not submit a bid or an offer on a grant or contract solicitation if that sub-unit is involved in the development of the solicitation, the review, evaluation and selection process, or the ongoing post award administration (including oversight) of the award.
Supporting documentation of the history of each procurement action must be maintained. Such documentation must include a rationale for: the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. Such documentation also includes evaluation criteria or rating factors to support the provider’s ability to perform successfully, with consideration given to integrity, compliance with public policy, record of past performance, in addition to financial and technical resources, that follow state and federal guidelines.
Contracts must be awarded based on the vendor’s:
- Ability to deliver services to the targeted population in accordance with locally established guidelines;
- Experience in working with youth in similar programs and activities;
- Past and current collaboration with other service providers;
- Past performance record, including both programmatic and fiscal integrity;
- Understanding of and commitment to meeting goals and objectives; and
- Demonstration of understanding of and commitment to continuous improvement methods.
The following requirements can be found in OWD Issuance 15-2019:
If a LWDB chooses to award grants or contracts to youth service providers, to carry out youth workforce investment activities it must:
- Identify youth service providers based on criteria established in the State Plan;
- Take into consideration the ability of the provider to meet performance accountability measures;
- Award such grants or contracts on a competitive basisand in accordance with the Procurement Standards found in Uniform Guidance at 2 CFR parts 200 and 2900; and
- If the service provider (entity) selected fulfills another role in the local area, the LWDB must provide a signed written agreement with the LWDB and CEO which clarifies expectations for those roles and describes a clear method of tracking effective execution and accountability for the distinct roles.
Local regions must follow the sub-state monitoring guidelines for programmatic and financial monitoring of youth providers. They also must do data element validation to insure performance of youth providers.
OWD acts in consult with local regions when determining whether they should contract for services or provide some of all of the program elements directly. Key factors which are discussed with regions include their capacity to provide needed services to youth, and the establishment of firewall policies to define separation of duties. If a local region decides to take programs or services in-house, this must be done in consult with OWD, and regions must have approval from OWD before proceeding.