[wiaattorneys] Fw: Competitive Bidding Question

  • From: John Albin <jalbin@xxxxxxxxxxxxxxx>
  • To: wiaattorneys@xxxxxxxxxxxxx
  • Date: Fri, 28 Oct 2005 11:31:02 -0500

We see it the same way. Adult and dislocated workers service provider 
contracts do not have to be competitively bid, but youth service provider 
contracts do. We have not requested a waiver, but it is food for thought.  

John H. Albin
Agency Legal Counsel
Nebraska Workforce Development
Department of Labor
550 S. 16th St.
P.O. Box 94600
Lincoln, NE 68509-4600
tel. 402-471-9912
fax 402-471-9917
----- Forwarded by John Albin/DOL on 10/28/2005 11:24 AM -----

"Pomerantz, Jane C.  \(GC-LI\)" <jpomerantz@xxxxxxxxxxx> 
10/27/2005 10:39 AM

"Cindy Naiditch" <cnaiditch@xxxxxxxxxxxxxxx>
<jyeary@xxxxxxxxxxxxxxxxxx>, <jalbin@xxxxxxxxxxxxxxx>, 
<Paul.Mason@xxxxxxxxxxxxxxxxx>, <perrellis@xxxxxxxxxxxx>, "Pomerantz, Jane 
C. \(GC-LI\)" <jpomerantz@xxxxxxxxxxx>, <Mindy.Raymaker@xxxxxxxxxxxxxxx>, 
RE: Competitive Bidding Question

I got into this issue last year. Here are my thoughts and my question to 
the group and Bill Cormay of Vt's answer to me.  Also see my answers to 
your some of your questions below under each question.
Jane, We see it as you do. In Vermont we pointed this out as an 
inconsistency in the law and in fact, requested a waiver from DOL 
regarding the requirement to competitively bid for youth programming.

Bill Cormany
Senior Policy Advisor
Commissioner's Office
Montplier, VT

At 06:03 PM 10/6/2004 -0400, Pomerantz, Jane C.  (GC-LI) wrote:

Although there is specific language in WIA that states that the local 
board shall identify eligible providers of youth activites by awarding 
grants or contracts on a competitive basis, there is no such language in 
the language for adult and dislocated worker activities.  This seems to 
suggest that the local board does not have to procure adult and dislocated 
worker activities on a competitive basis if it does not want to.

Does anyone see this differently?   

Jane C. Pomerantz 
Deputy Chief Counsel 
Department of Labor & Industry 
Phone: 717-787-4186 
Fax:     717-772-1655 

Wisdom is knowing the right road to take. 
Integrity is taking it. 
-----Original Message-----
From: Cindy Naiditch [mailto:cnaiditch@xxxxxxxxxxxxxxx] 
Sent: Monday, October 24, 2005 4:05 PM
To: jyeary@xxxxxxxxxxxxxxxxxx; Paul.OâNeill@xxxxxxxxxxxxxxxxxxx; 
jalbin@xxxxxxxxxxxxxxx; Paul.Mason@xxxxxxxxxxxxxxxxx; 
perrellis@xxxxxxxxxxxx; jpomerantz@xxxxxxxxxxx; 
Mindy.Raymaker@xxxxxxxxxxxxxxx; Michael.Milwee@xxxxxx
Subject: Competitive Bidding Question

Hi, Folks
   One of my Board members asked me to get a sense from other states on 
how the issue of competively bidding WIA service contracts is handled. For 
this particular question, I really prefer NOT to do an across-the-board 
email.  Therefore, I chose a few of you I regularly see at the WIA 
Attorney meetings.   Any thoughts you can share on the following questions 
would be appreciated.
  Are your WIA adult/dislocated worker service contracts competitively 
 We have advised locals that because the law states youth must be 
competitively bid but says nothing about adult and dislocated worker that 
they do not have to be competitively bid.  Although there are OMB 
Circulars and/or regs that address competitive bidding, that would only 
seem to imply if the law requires competitive bidding. Under statutory 
construction, since Congress addressed competitive bidding for youth but 
not for adult and dislocated workers it would seem that WIA does not 
require competitive bidding for adult and dislocated workers.  However, 
some of our LWIBs do require competitive bidding.
  If not, who provides adult & dislocated worker services in your states? 
(generally, I know it may differ by local boards)  Providers of services 
are all over the place depending on the  areas and their process. 
  If service contracts are bid, who oversees the bidding process?   (who 
issues the RFP) 
For the areas that are bid, the process is done by the LWIBs. The 
Department monitors the LWIBs to make sure they are complying with its 
plan and the contracting process it has established. 
  Are contracts awarded annually? 
Don't know this or any answers to your other questions below.  
  If so, how do you address system stability if there is a potential for 
constant change of vendors?
  Do you make provisions for transition between service providers if there 
is a change?
  If so, can you give me an idea of how this is approached?
  If contracts are awarded for periods longer than one year, then what is 
the average service period (always dependent upon performance/funding, I 
would assume)?
  Do any of you sole-source your WIA service providers?
  If so, what justification do you use to sole-source your contracts 
versus competitively bidding them?
  Do any of you have incentives built into the bid process (including 
giving "bonus points" in the evaluation process) to encourage faith-based 
or community organizations to apply?
  Any other relevant thoughts you want to share???
Cindy L. Naiditch 
Vice President, Operations 
Workforce Opportunity Council, Inc. 
64 Old Suncook Road 
Concord, NH 03301 
(tel) 603-229-3312 
(fax) 603-228-8557 

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