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 To "Cindy Naiditch" <cnaiditch@xxxxxxxxxxxxxxx> cc <jyeary@xxxxxxxxxxxxxxxxxx>, <jalbin@xxxxxxxxxxxxxxx>, <Paul.Mason@xxxxxxxxxxxxxxxxx>, <perrellis@xxxxxxxxxxxx>, "Pomerantz, Jane C. \(GC-LI\)" <jpomerantz@xxxxxxxxxxx>, <Mindy.Raymaker@xxxxxxxxxxxxxxx>, <Michael.Milwee@xxxxxx> Subject RE: Competitive Bidding Question Cindy 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 VT DET 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 bid? 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 cnaiditch@xxxxxxxxxxxxxxx