Local Policy Required? No
To provide services via Dislocated Worker program grants, eligible organizations must meet and remain current with the criteria outlined in this policy.
Services that only providers certified under this policy can provide include:
- Eligibility determination
- Enrollments and exits of customers,
- Basic case management of the customer by a counselor,
- Counselor approvals for any other grant-funded services (e.g. training)
Other services such as translation and financial consulting may occur through subcontract as long as certified providers outline such subcontracting arrangements in the work plans and budgets.
Subcontracting Requirements for Certified Providers
Workforce Development Areas (WDAs) are mandated providers in federal and state statute and therefore do not require certification. WDAs with local boards who choose to subcontract Dislocated Worker services must select the provider through their own open, competitive processes, in accordance with federal and state laws, rules and regulations. Subcontractors do not need to be Certified Providers, however, subcontractors are not eligible to receive annual grants for small layoff services, nor compete for mass layoff projects.
WDAs do not have to consult with DEED prior to awarding a subcontract, however they must detail the subcontracting arrangements in the work plan and budget for any grants the subcontractor will be working on, and DEED must approve all work plans and budgets submitted prior to the provision of services through the subcontractor. Any costs reimbursed to the subcontractor in excess of the amount approved in the grant work plan and budget are subject to being disallowed. Any changes to the subcontractor relationship during the grant term must be approved by DEED through a grant modification request.
Certification Requirements
New providers
At least every four years, DEED will open a request for proposals (RFP) which will be published and widely distributed via the Minnesota State Register, electronic media, and other suitable methods.
The Minnesota Job Skills Partnership (MJSP) Board will review and approve the RFP. The Board also retains the final authority over which providers are selected to be certified, based on program staff recommendations.
DEED staff will work with prospective service providers who have responded to the RFP to ensure the organizations are eligible and to ascertain the level of the organizations' qualifications.
The RFP will require eligible organizations to demonstrate, at a minimum:
- Acceptable standing regarding legal, financial, and ethical practices;
- Evidence that the organization has the staff capacity to serve dislocated workers at likely funding levels; and
- Additional appropriate documentation, to be determined by DEED staff, to ensure quality services to job seeking customers and cost-efficiency for taxpayers.
If certified, organizations must complete a satisfactory work plan and budget spanning two years of service, which DEED staff will retain on file.
Existing providers
Existing (previously certified) providers must demonstrate their eligibility as outlined in the RFP process above, confirming the organization remains in good standing. DEED will review the eligibility status of existing service providers each year.
The existing providers must confirm successful program performance outcomes each state fiscal year, meeting at least three of four performance standards for at least the past two state fiscal years (qualified per U.S. Department of Labor regulations in 20 CFR 666.240 as meeting at least 80 percent of the performance standard). An organization may be deemed ineligible if it misses one or more of four performance standards for more than two consecutive state fiscal years.
Timeline of RFP Process
|
December |
RFP Release |
|
January – March |
Review and Selection |
|
March |
Application Notification |
|
July 1 |
Certification Active |
Criteria for Declaring a Grantee Ineligible for Small Layoff Grants
Every year, prior to the March Board meeting, DEED staff will review each of the certified providers to ensure they still meet criteria to remain certified as Dislocated Worker program service providers who would therefore also be eligible to receive grants to serve dislocated workers impacted by small layoffs.
DEED staff may take steps to recommend to the MJSP Board during the March meeting that a provider be deemed ineligible for small layoff grants if they determine:
Any provider deemed ineligible by the MJSP Board will not receive a small layoff grant for the following state fiscal year. Providers deemed ineligible may petition the MJSP Board for small layoff grant eligibility when their performance meets 80 percent of all performance standards.
Criteria for Decertification (Ineligible for Small or Large Layoff Grants)
DEED and the MJSP Board retain the authority, on an on-going basis, to decertify Certified Providers for reasons of poor performance, unacceptable standing, or other relevant provisions contained within this policy.
DEED staff may take steps to recommend decertification if they determine:
- A provider has demonstrated unacceptable legal, financial, or ethical practices, or the FBI has launched an investigation regarding a provider;
- A provider achieved less than 80 percent of the standards for two performance measures in one state fiscal year; or
- A provider achieved less than 80 percent of the standards for two performance measures in one state year; or
- There were opportunities for competition, but a provider failed to compete for any mass layoff projects over the most recent two state fiscal years.
A decertified provider may not compete for mass layoff projects or apply for grants to serve dislocated workers impacted by small layoffs. A decertified provider may reapply for certification under the RFP process laid out in this policy.
General process for petitioning MJSP Board and subsequent action:
- Contact JSP Board staff, and request to be added to the agenda in the Dislocated Worker program portion of the agenda;
- Prepare to testify, including points regarding efforts the organization has made to enhance performance achievement;
- Supply the following documentation:
- Most recent audit;
- Fully updated “Fiscal Capacity Checklist”;
- Statement outlining staff capacity to serve at least 40 dislocated workers;
- Satisfactory work plan and budget for the coming grant period;
- (Effective July 1, 2015) Evidence that the provider competed for at least one mass layoff (if there were no competitive opportunities over the last two state fiscal years, this criterion does not apply); and
- One scorecard noting achievement of at least 80 percent of each of the four DW program performance standards.
4. The Board makes and passes a motion declaring the organization eligible once again, provided the organization was never decertified.
Funding levels
Effective July 1, 2013, grant amounts will be set in $100,000 increments to provide a transition period for newly active grantees.
Effective July 1, 2015, actual grant amounts to serve dislocated workers impacted by small layoffs will depend on the size of the Workforce Development Fund. DEED staff will work with eligible, certified providers to determine the amount of funding based on the outlined, published process to establish funding “tiers” and resulting awards.
Process and MJSP Board Involvement
Each year, DEED staff will review the status of all eligible, certified service providers with MJSP Board members, recommending to maintain certification or to decertify the provider.
Process for Notification to Organization of Loss of Eligibility Status and Decertification
After notifying MJSP Board members, DEED staff will notify organizations via any of the following methods:
- In-person communication
- Phone
- Mail
- Electronic mail
DEED staff will provide notification in writing following verbal communication.
Definitions
Organization: A state or local government unit, nonprofit organization, community action agency, nonprofit business organization or association, or labor organization.
Eligible organization: An entity meeting the definition above remains certified and meets performance requirements, missing 80 percent of a single performance standard (need not be the same standard) no more than two consecutive years.
Independent grantee: An eligible organization who meets the certification criteria outlined within this policy and receives a grant to serve individuals impacted by small or mass layoffs.
Acceptable standing: Status that includes no substantial legal proceedings against the provider, which may impact an organization's ability to provide quality services to job seekers and/or report clearly and accurately to this agency and other appropriate authorities; no findings of substantial concern from an external auditor’s report; no discernible pattern of ethical violations in regards to services toward and/or treatment of job seeking customers. Essentially, DEED staff should have no concerns regarding an organization’s legal, ethical, and financial status.
Decertification: DEED staff action resulting in an organization's ineligibility to seek grants to serve individuals impacted by small and large layoffs due to poor performance, unacceptable standing, or other provisions contained within this policy.
Meet performance standard: Achieve at least 80 percent of the performance standard, per U.S. Department of Labor regulations in 20 CFR 666.240.