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Dislocated Worker (WIOA & State)

Mass Layoff Projects and the Competitive Process

Summary
DEED’s Dislocated Worker (DW) program oversees the competitive process, and acts as a steward of the grants that result. This policy lays out the process for responsible execution of the competitive process. When the State Rapid Response Team (SRRT) has determined a dislocation event meets the threshold of 50 workers interested in the Dislocated Worker (DW) program, interested service providers must go through a competitive process to determine who will serve this group of workers.


Effective Date
7/1/2018

Last Updated
5/24/2018

Contact
Lensa Idossa, lensa.idossa@state.mn.us
Tel   651.259.7508
Fax  651.296.0288

Policy

Local Policy Required?

No.

The Competitive Process

After determining that a dislocation event may require project-level resources as outlined in this Rapid Response Policy, the State follows the process below:

  1. Announcement. Within 24 hours of determining that a dislocation event could result in a Mass Layoff Project (Project), the SRRT informs all service providers of the potential project through an Email Broadcast. All interested competitors for a potential project must respond to the Email Broadcast within 24 hours of issuance, with a written expression of interest. Only credible competitors who demonstrate they are capable of serving the affected dislocated workers who respond within this time frame will be considered for further competition. Once the interest bid is received by the state, competing service providers will refrain from contacting other service providers participating in the competitive process. Providers will also refrain from contacting the Committee members.

A credible competitor must meet at least one of the following definitions:

  1. A Workforce Development Area whose territory includes one or more work locations included in the layoff event;
  2. Any certified DW service provider with an established office with Dislocated Worker program staff capable of serving dislocated workers, within 50 miles of any work location of the layoff event;
  3. Any certified DW service provider with a prior relationship to the employer or any affected labor union(s); and/or
  4. Any certified DW service provider specifically requested by the employer's management or union leadership.

If a service provider indicates interest in a project's competition and is rejected by the SRRT based on these guidelines, that service provider may appeal the decision to the Dislocated Worker program Director within 24 hours. The appeal should include the reasons for reconsidering the request.

Exception: Under certain circumstances, the Dislocated Worker program Director will determine whether a service provider is eligible for the competitive process.

After an expression of interest is received, service providers must submit an informational handout. This handout must be in the form of an electronic one-sided document of letter-sized (8.5" x 11") paper, known as the "one-pager". The one-pager provides Committee members with an introduction to interested service providers, and will be reviewed by committee members. After the committee process has concluded, this document is considered public and can be accessible by requesting parties.

  1. Committee. The Committee are volunteers from the affected workforce and may include human resources and union representation when appropriate. Final selection of the members is at the discretion of the SRRT. The SRRT has the authority to assemble the Committee, coordinate meetings, and provide technical assistance and unbiased information to the Committee. Decisions made by the Committee are consensus-based.

Selection of the committee is based on a fair representation of the affected workers as a whole. Selection criteria includes but is not limited to position title, shift, age, skills level, experience, race/ethnicity, gender, wage, and union representation, when applicable.

Interested service providers may request the demographic makeup of the Committee (excluding personal information). When answering questions from the interested service providers, the SRRT will respond to all at the same time.

  1. Request for Further Information (RFI). The SRRT will provide basic background information on the layoff event, SRRT actions taken, and questions for the competing service providers. When the final RFI is sent out, interested service providers have two business days to respond. The proposals must be an electronic letter-sized (8.5" x 11") document of no more than six one-sided pages (one (1) page cover sheet, four (4) pages response to RFI questions, one (1) page response to committee-specific questions). Electronic signatures are acceptable. The proposals will be reviewed by committee members. They can be shared after the competitive process has concluded.

At a minimum, the RFI will include questions related to:

  • Service Provider Process
  • Service Provider Resources
  • Service Provider Expertise
  • Committee-Specific Questions

If partnering or subcontracting with another service provider, see Partnering and Subcontracting section below.

Service Provider Interview and Other Committee Needs

Service provider interviews are not mandatory. The Committee will decide whether or not to hold in-person interviews. The Committee may request certain representatives from the service provider to attend in addition to making other reasonable requests. Interviews will be 15 minutes in length.

Service Provider Selection

The committee may select a service provider at any point during the competitive process. The SRRT will guide and facilitate the competitive process to keep the committee on task and to ensure a deliberative consensus-based decision-making process.

As soon as the committee makes a selection of the service provider, the SRRT will notify all service providers who expressed interest of the decision. A service provider may request its own committee feedback from the SRRT after the selection has been made. There is no appeals process for the decision made by the Committee.

Early Readjustment Assistance Grants (ERAG)

Service Providers should begin delivery of services as quickly as possible after notification of committee selection. Prior to the award of the grant, the selected service provider may request an ERAG by sending their request to the Dislocated Worker program Grants Coordinator. See DEED's ERAG policy for more information.

Partnerships and Subcontractors

In partnership and subcontractor situations, during the competitive process, one fiscal agent must be identified in the proposal. The fiscal agent must operate under a legally recognized name, as reflected with the Secretary of State. All other partners and subcontractors must be listed on the proposal cover letter and identified as such.

Service providers may partner with each other when responding to a dislocation event. However, no service provider or partner may represent itself more than once to a given committee.

Service providers will supply complete information about any anticipated subcontractors in the proposals, and in the formal proposal to the State. The Committee must be aware of and specifically approve subcontractors for all dislocated worker services.

Communication

Until a service provider has been approved by the State through the competitive process, all service providers – whether formally engaged in the competitive process or not – must follow these guidelines:

  1. Contact with Service Providers/Committee/Employer/Employees. Once the Email Broadcast is sent to service providers to the time DEED approves a Project, no service provider or representative of such a provider should make any unauthorized contact with any committee members, the employer, or employees from the company. Unauthorized contact includes emails, phone calls, website posts*, mailings, social media, and advertisements directed to the employees of the company.

    *Website posts include but are not limited to company-specific: messages, webpages, groups, social media, and resources.
  2. Accuracy. While service providers have freedom of expression in the materials they provide, the State does have a duty to ensure information given to the committee accurately represents the capabilities of each service provider. Service providers may make claims of past, present, or future service in their material to committee members. However, the State reserves the right to correct any data it determines as inaccurate or misleading, to hold service providers accountable for promises made to committee members as part of the selection process, and to share information given to the committee with other service providers, upon request, once the competitive process is complete.
  3. Transparency in Communication. All communication from a competing service provider and their partner/subcontractor should include the full, legal name of all providers.
  4. The State's Role. The SRRT or its representatives may not intentionally influence the competitive process beyond what is specifically noted in this policy. Furthermore, such staff must take every reasonable precaution to ensure committee members do not receive any indications as to a preference for one service provider over another. Wherever possible, the State will let service providers speak for themselves. However, the State may supply the committee with already public and objective performance data regarding past performance of any provider.

In general, the State will limit itself to facilitating committee discussions, supplying information provided by service providers to the committee, and coordinating reasonable activities requested by the committee to make their selection.

Exceptions

On rare occasions, the State may opt not to have a competitive process for a DW project, or to interrupt a competitive process with a decision of its own. The State will have limited discretion in such cases, and will only award a public contract to a service provider for a project when one of the following conditions has been fully met and documented:

  1. Existing Formula Situation. In an existing formula situation, all four things must happen:
    1. an employer has laid off workers who are eligible for the DW and/or Trade Adjustment Assistance (TAA) program;
    2. the State has determined that formula/small layoff funds can meet the needs of the workers from that layoff;
    3. at least 50 percent of the affected workers who have enrolled into DW, have received documented DW services and/or TAA benefits from one service provider using formula/small layoff and/or TAA funds; and
    4. within six months of the most recent layoff, the employer has an additional layoff equaling 50 or more workers in total, making a project necessary.
  2. Committee's Failure to Select a Service Provider. In cases where the committee cannot come to a clear selection of a single service provider, the State must advise the committee that failure to select will put the decision in State hands. If the committee still fails to make a clear selection, the State shall choose a provider from the list of those competing when the committee came to its impasse. The State shall provide the committee and all competing providers with the reasons for its decision. The State will give consideration to these factors when selecting the service provider, but not all factors will rule out selection:
    • Last competition won;
    • Ratio of current caseloads per counselor;
    • Location and ease of access for participants;
    • Current financial standing with DEED;
    • Provider submitted One-Pager and Proposal;
    • Program Outcomes; and
    • Committee Pros and Cons
  3. Violation of Law or Policy by Service Provider. If, while in competition for a project, a service provider violates a law or policy governing the DW program, the State has the authority to disqualify them from the competitive process for a given dislocation event. In such cases, the State may select a service provider where the only other competitor(s) are disqualified. Such violations must be significant and speak directly to the service provider's (1) inability to provide effective service to customers, and/or (2) intent to deceive the State, another service provider, the competitive process, or the committee. The State reserves all due authority given by federal or state law to disqualify a service provider permanently for continuous or repeated violations. In all cases, service providers will be accorded due process.

"Due Process" for continuously repeated violations:

  • First offense: Written Warning, and an opportunity to correct the violation within 24 hours.
  • Second offense: Written Warning, and automatic disqualification from specified competition.
  • Third offense: Mandatory technical assistance from SRRT, and possible disqualification from future competitions as appropriate.
  1. Unique Extenuating Circumstances. In other rare situations, the DW program director reserves the right to forego the competitive process altogether, and will communicate the reasons for such a decision.
  2. Mass Layoff Project Grant Application and Approval of Committee Selection. While the State attempts to keep decision-making as close to the affected workers as possible, it also has a duty of stewardship for public funds. Therefore, no decision made by the Committee is considered final until the following three conditions are met:

  • Selected service provider completes the Mass Layoff Project Grant Application and submits it to program grants staff within seven business days of the committee selection notice; delays of submission will result in a delay to the start date of the grant contract.

  • The State will review the Mass Layoff Project Grant Application within ten business days of receipt. DEED will review the appropriate grant funding based on the proposed enrollment numbers, work plan, and information from the Rapid Response events. DEED may request changes to the grant application such as reducing the total grant amount or the proposed number of participants to serve. These changes to the grant application should be completed and resubmitted to DEED within two business days of DEED's request.

  • The state will ensure that the selected provider has no outstanding/unsatisfied matters or grievances with the state before the contracting process begins.

  • DEED will begin the procurement process within two business days of receiving the final approved work plan and budget. The state procurement process can take up to 6 weeks.

  • Individual customers may opt to work with another local provider using formula funds. Should an individual impacted by a mass layoff with a resulting project seek services, the provider should notify him/her of the available project. Should the individual still opt to work with a provider who does not have that grant, that provider should serve him/her using formula funding as available.


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